Clean Water Current Archive

November 14, 2008

NACWA Keeps up Pressure on Clean Water Priorities as Transition Moves Forward

As the transition for President-Elect Barack Obama gets into full swing, rumors have begun their quadrennial swirl in Washington over who will fill the top jobs in the new administration.  NACWA, for its part, has been crafting information on clean water priorities and sharing its perspectives with key players like former EPA Administrator Carol M. Browner, a top official on Obama’s environmental transition team.  In a letter sent this week to Browner, NACWA commended President-Elect Obama’s focus on protecting the environment and rebuilding the nation’s infrastructure, including its aging wastewater treatment systems.  “Specifically, we greatly appreciate President-Elect Obama’s support for an infrastructure-based stimulus package and NACWA has been leading the effort to ensure that ready-to-go wastewater projects are included in such legislation,” the letter said.

A number of names have been mentioned as possible choices to be the next EPA administrator.  Among them are Mary Nichols, the head of the California Air Resources Board who previously served as EPA assistant administrator for air and radiation in the Clinton administration; Kathleen McGinty, former secretary of the Pennsylvania Department of Environmental Protection and former head of the White House Council of Environmental Quality (CEQ) under President Clinton; Michigan Governor Jennifer Granholm; Kansas Governor Kathleen Sebelius; New Jersey Commissioner of Environmental Protection Lisa Jackson; and Robert F. Kennedy, Jr., the prosecuting attorney at Riverkeeper and president of the Waterkeeper Alliance.

In the midst of all the transition activity, NACWA has been working to ensure that clean water priorities remain a crucial part of the legislative agenda as well.  Last week, Obama made clear his position that Congress should enact a stimulus package this year.  Failing that, he said at his press conference, it will be the first thing on his agenda upon taking office.  NACWA continues to meet with House and Senate staff members seeking support for $10 billion as part of the stimulus for wastewater projects and is still accepting lists of projects from its public member agencies (see item below).

NACWA Provides Input to Key Congressional Staff on Second Stimulus Bill

While some choose to debate whether an infrastructure-based stimulus package would immediately spur the economy, NACWA has continued to meet with key congressional staff working on the legislation.  The Association met with Senate Environment and Public Works (EPW) staff Nov. 7, and has been providing consistent input to House Transportation and Infrastructure (T&I) staff, as well.  NACWA’s mid-October and accompanying list of ready-to-go projects directed to House Speaker Nancy Pelosi (D-Calif.), Senate Majority Leader Harry Reid (D-Nev.), and forwarded to every member of Congress, has generated significant interest and support from key congressional offices.

Most recently, NACWA sent a Nov. 11 letter to Reid, Pelosi, and key committee staff urging that any funds made available not be limited to projects currently on the Clean Water State Revolving Fund’s (CWSRF’s) Intended Use Plan (IUP), as was being discussed.  Rather, NACWA is advocating that many projects that were poised for funding from other than federal sources should also have access to stimulus funds.  NACWA has discussed this issue with congressional committee staff members who have said they support including communities who do not have projects on the IUP list.  NACWA has also met with EPA and other key organizations, such as the U.S. Conference of Mayors, regarding these issues.

Currently, the timing of a stimulus package is still uncertain.  While some on the Hill say that it would be better to get it done during a lame-duck session, which could open this coming Monday, others note that it will be easier to pass an infrastructure-based package after the election.  Additionally, it appears that Senate Republicans are ramping up their opposition.  Whether the stimulus package receives full attention this year or early next year, NACWA will continue meeting with key House and Senate offices to broaden support for a strong wastewater infrastructure component in the stimulus package.  The Association continues to update its list of ready-to-go projects submitted by public wastewater treatment agencies, currently totaling more than $7.5 billion, and has used this information to build support for increased wastewater project funding levels in the stimulus bill.

Ready-to-Go Green Projects Also Solicited

NACWA also is interested in incorporating any ready-to-go “green projects” in the list, including any urban tree planting, rain gardens, buffer protection, permeable parking, green roofs, and other types of projects intended to reduce stormwater inflows into sewer and stormwater systems.  Both House and Senate congressional staff have specifically requested that these types of projects be included.  Please submit any information on these projects, including their anticipated costs, to NACWA’s Byron Deluke 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 .

Elections, Biosolids, Critical Lawsuits Discussed at Law Seminar

NACWA held its 2008 Developments in Clean Water Law Seminar this week in Washington, DC, with many of the nation’s top clean water law practitioners discussing the critical legal issues now facing wastewater utilities.  The seminar kicked off with an engaging presentation by Amy Walter, editor of The Hotline and one of Washington’s leading political commentators, who analyzed last week’s historic elections and outlined how the new Congress and Obama administration may impact environmental policy and regulation.  Walter explained the strategy and dynamic that led to an Obama victory and said that fixing the economy would be a priority.  Her talk led to a lively question and answer session regarding the potential implications of the election results.

Panels addressed a variety of clean water law hot topics, including nutrient regulation, pending lawsuits that could affect biosolids programs nationwide, the role of green infrastructure in stormwater control, and regulatory deference.  The panel, Biosolids:  It All has to Go Somewhere, addressed lawsuits at the state level initiated by opponents of land application that, if successful, could threaten beneficial recycling programs nationwide.  Speakers recommended that municipalities put up a strong fight when these lawsuits are first filed to make sure their programs are allowed to continue.  For the most part, these lawsuits have very little scientific evidence to back claims of harm to human health and the environment, the panelists said.  The panel also addressed the new Clean Air Act standard for lead, which could affect emission limits for utilities that incinerate their biosolids.

Other featured speakers at the Seminar included Benjamin Grumbles, EPA assistant administrator for water, who discussed the important link between climate change and water and the agency’s efforts to address it.  Granta Nakayama, EPA assistant administrator for enforcement and compliance assurance, focused his presentation on current enforcement priorities and noted that “financial issues will become more important” in enforcement and consent decrees given the economic crisis.  He also acknowledged NACWA’s efforts to get EPA to update its affordability guidance.

The Association would like to thank the leadership of its Legal Affairs Committee for their significant contributions to another exceptional program.  Presentations from the Law Seminar are now available to NACWA’s members on the Association’s website.