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Action Please By:
January 5, 2009

NACWA is currently working to provide the U.S. Environmental Protection Agency (U.S. EPA or Agency) with information on current removal of nutrients at the nation’s wastewater treatment plants.  This information will support the Agency’s work to respond to the Natural Resources Defense Council (NRDC) petition to modify the definition of secondary treatment to include nutrient removal.  NACWA, together with the Association of State and Interstate Water Pollution Control Administrators (ASWIPCA), is seeking information from public utilities via an online questionnaire.  Responses will also provide NACWA with information as it continues with its advocacy on nutrient issues, including the Critical Issues Action Initiative.

NRDC’s petition argues that EPA has not met its statutory obligation to review the performance of secondary treatment.  NACWA believes this questionnaire will provide EPA with some of the information it needs to satisfy its Clean Water Act requirements and better prepare for the legal challenge on the definition of secondary treatment that now appears certain.  NACWA is asking its members to complete the survey online and submit the requested data by January 5, 2009.  If you have any questions about the survey, please contact Chris Hornback at This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or 202-833-9106.

Background

In November 2007, NRDC filed a petition with EPA seeking to modify the definition of secondary treatment to include the removal of nutrients.   NACWA filed comments on the petition outlining the technical challenges, cost implications, and broader sustainability impacts associated with a one-size-fits-all technology-based limit on nutrients for wastewater treatment plants.  In meetings with EPA, NACWA has learned that the Agency does not have enough information on the current performance of secondary treatment in removing nutrients to conduct its statutorily-mandated review. 

NACWA and ASIWPCA believe EPA will need additional information to respond to the petition and developed the questionnaire to provide real-world information on what amount of nutrient removal is being achieved by secondary treatment and advanced treatment plants of various sizes and types as well as the related capital and operating/maintenance costs.  EPA has indicated that the information the questionnaire will provide would be very helpful in its efforts to respond to the petition.

How Data Will Be Used

The information provided by respondents to the questionnaire will be aggregated by plant type, size and other technology-based common factors to generate a report summarizing the effluent quality achieved as well as the related costs to achieve a particular level of removal.  Information will be presented in a way that individual plants will not be identifiable.  The report will be provided to EPA and other requestors.

Completing the Questionnaire

The questionnaire is available online at:  http://www.zoomerang.com/Survey/?p=WEB228GL9DUTXY.
Members will likely need to collect some background information before completing the questionnaire.  A preview copy of the entire survey is available on NACWA’s website if you would like to review the questions before completing online.  The final question of the survey requests the submittal of any monitoring data your agency has relating to the control of conventional pollutants and nutrients.  This part of the survey is the most critical, but also may be the most difficult to provide.  Many utilities will not have this information, but knowing how many utilities have or don’t have this information would also be helpful to EPA.  If you have any questions about the survey, please contact Chris Hornback at chornback@nacwa.org This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or 202-833-9106.

NACWA’s Next Steps

The survey is one of several NACWA efforts on this issue.   NACWA is also working on a Critical Issues Action Initiative effort to develop legal and technical arguments to help develop a feasible approach to nutrient control and to counter a one-size-fits-all solution.  That effort is currently underway and should be completed in early 2009.

Again, NACWA is asking its members to complete the survey online and submit the requested data by January 5, 2009.

* This Alert was sent to Affiliates for informational purposes only.