Clean Water Current Archive

December 5, 2008

NACWA Meets with Mayors, Other Advocacy Groups on Stimulus

NACWA has continued to work aggressively to ensure that significant funding is included in the economic stimulus package for wastewater projects and strongly encourages public clean water agencies to contact their members of Congress to urge support for this proposal.  NACWA is seeking $10 billion in grants for wastewater infrastructure projects that could be ready-to-go within 120 days.  The Association met this week with a number of other stakeholder groups to refine its strategy for moving forward and also hosted a meeting with representatives from the EPA transition team of President-Elect Barack Obama that included a lengthy discussion about the importance of investing in wastewater infrastructure as a way to help stimulate the economy. 

Meanwhile, at a Dec. 5 meeting of the Water Infrastructure Network (WIN), Ben Webster, a senior staff member of the House Transportation and Infrastructure Subcommittee on Water Resources and Environment, said it is imperative that members of Congress hear from their constituents about the critical importance of including wastewater infrastructure in the stimulus package.  Since the stimulus package is intended as a vehicle to create jobs, Webster said clean water agencies should ramp up efforts to ensure their projects are ready-to-go so that when the money comes, it can move quickly.  Based on his recommendation, NACWA is also urging its member agencies to contact their state revolving fund (SRF) offices to urge them to upgrade their capabilities in preparation for an influx of funds.  With the nation’s economy in recession, Obama this week pledged to create 2.5 million jobs over the next two years, primarily by dedicating federal dollars to rebuilding infrastructure and expanding sources of alternative energy.  House and Senate leaders hope to send an economic spending package that could exceed $500 billion to the White House by Jan. 20, when the new president takes office. 

NACWA Seeks Expanded Ready-to-Go Project Lists from Members
NACWA has already generated a list of more than $9 billion in ready-to-go projects based on submissions from agencies across the country.  The Association’s request also tracks the U.S. Conference of Mayors figure of $18.75 billion for ready-to-go water and wastewater projects.  This sum is based on a stimulus bill (H.R. 7110) the House passed Sept. 26, which included $60 billion for infrastructure.  However, now that Obama and congressional leaders are discussing a package of between $500-700 billion over two years, the Conference of Mayors has adjusted their original request of $18.75 billion to a two-year infrastructure investment agenda of $37.5 billion for water and wastewater infrastructure projects.  In light of this broadening vision for a stimulus package, NACWA has requested member projects that would be ready-to-go within 120 days, but now is seeking additional member input for ready-to-go projects over a one-year period.  NACWA will be reaching out to members regarding this request through a separate Legislative Alert.  Members can contact 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 by email or at (202) 833-4655.  NACWA continues to work closely with the mayors and may adjust its request if the stimulus package is implemented over two years.     

NACWA also met this week with representatives from American Rivers to discuss the inclusion of green infrastructure projects in the stimulus package.  As part of its proposal, NACWA agreed to support American Rivers and other environmental advocacy groups’ request that 15 percent of the funding be set aside for green infrastructure projects, including those that optimize water conservation goals; incorporate stormwater management techniques that preserve, restore or mimic the natural hydrology; and include energy capture and reuse efforts.  NACWA anticipates that including these projects will make the package more appealing to Congress and the incoming administration.  Meanwhile, NACWA has also set up meetings with key members of the House and Senate Appropriations committees to urge support for wastewater projects in the stimulus bill.

NACWA Meets with Obama’s EPA Transition Team on Key Priorities

NACWA met Dec. 3 with members of President-elect Barack Obama’s EPA transition team to outline the clean water community’s priorities for the new administration.  Representing the transition team were Chuck Fox, former EPA assistant administrator for water, and Meryl Harrell.  They explained that their role was primarily to gather information about NACWA’s priorities.  The representatives said they have also been meeting with senior EPA water officials and other stakeholder groups in an effort to gather the most comprehensive information possible for the incoming administration to ensure a smooth transition.

A significant portion of the two-hour meeting, held at NACWA’s offices, focused on the proposed economic stimulus package and NACWA’s request that $10 billion be included to finance ready-to-go wastewater infrastructure projects.  NACWA reiterated that most of the funding should be in the form of grants and could be administered by states through the Clean Water State Revolving Fund (CWSRF).  In addition, NACWA raised the issue of the need for a long-term solution to counteract the funding shortfall facing its members, including their need for a trust fund.  Association staff also outlined the clean water community’s efforts to address climate change, including pushing for an accurate way to measure greenhouse gas emissions from member agencies; urged EPA to resume work on a comprehensive policy for addressing sanitary sewer overflows; and renewed its push for the administration to issue final guidance on peak excess flows.  NACWA also spoke at length of its concerns about a petition to have EPA establish secondary nutrient standards for clean water agencies.  Of particular interest to Chuck Fox was the issue of emerging contaminants and how the Association viewed it playing out on the regulatory front.  NACWA reiterated that much more research is needed regarding impacts to human health and the environment, but that the current focus for clean water agencies continues to be on source control.  The transition team representatives were also provided with packets of information, including letters to Congress and EPA, white papers, and reports detailing its position on these issues.  The Association will continue to meet with key officials during the transition period and will pursue meetings with Obama officials to ensure the views of the clean water community are considered in the new administration.

NACWA Sponsors Meeting on Antimicrobials in Consumer Products

NACWA convened a meeting of the National Dialogue on Safe and Sustainable Consumer Products this week to focus on how to address antimicrobials, such as triclosan and nanosilver, in consumer products.  The dialogue is designed to address concerns by NACWA members and other stakeholders about consumer products with ingredients or additives that end up in the sewer system and eventually are released into the environment.  The meeting included a discussion of EPA’s proposed rule on data requirements for antimicrobial pesticides, which includes a “Down-the-Drain” model that will be used to assess the impacts of antimicrobial pesticides on the wastewater treatment process and the aquatic environment (see Regulatory Alert RA 08-05 for more information). 

Nanosilver was also discussed, including a petition requesting that EPA regulate nanoscale silver as a new pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).  EPA sought public comment on the petition in a Nov. 19 Federal Register notice.  Representatives from EPA’s Office of Pesticide Programs provided an update at the meeting on the proposed rule and petition.  NACWA members, representatives from other environmental organizations, and an Food and Drug Administration (FDA) representative also attended.  NACWA and other partners in the dialogue will be submitting comments on both the proposed  rule and the petition and will  continue to participate in the dialogue to find ways to reduce the use of potentially harmful additives in consumer products.

Supreme Court Denies Review of ELG Case, Preserves NACWA Victory

The U.S. Supreme Court announced Dec. 1 that it would not review a lower court ruling in Our Children’s Earth Foundation v. U.S. EPA, preserving a key legal victory for NACWA in a case challenging EPA’s implementation of the effluent limitation guidelines (ELG) program.  The U.S Court of Appeals for the Ninth Circuit issued a previous decision earlier this year affirming EPA’s actions under the ELG program.  Specifically, the appeals court determined that EPA has discretion to determine the timing of ELG plan publication and can identify potential new categories of pollution sources without necessarily developing new effluent guidelines for them.  In addition, ELGs are not required to be reopened and revised every five years, the court said.  The court also found that EPA has the discretion to decide whether guidelines should incorporate technology-based criteria.  NACWA was a participant in the case at both the trial court and appellate court levels, arguing in favor of EPA’s implementation of the ELG program, and is pleased with the Supreme Court’s decision not to review the Ninth Circuit’s ruling.  Additional information on the case and NACWA’s participation can be found on the Litigation Tracking section of the Association’s website.

EPA Releases Revised CWA Jurisdiction Guidance to Congressional Criticism

EPA and the U.S. Army Corps of Engineers released revised joint guidance Dec. 3 attempting to clarify the scope of Clean Water Act (CWA) jurisdiction, a move that was met with immediate criticism from key congressional leaders.  The guidance updates an earlier version from June 2007 that attempted to provide clarity regarding CWA jurisdiction after the fractured 2006 Supreme Court decision in Rapanos v. U.S. over what qualifies as a “waters of the U.S.”  The 2007 document identified three broad categories of jurisdictional distinction that could be used to implement the Rapanos ruling.  The first category included waters that clearly fall within CWA jurisdiction.  The second category identified waters that would not be jurisdictional, and a third category contained those waters whose jurisdiction would be determined on a case-by-case basis using the “significant nexus” case outlined by the Supreme Court.  The revised guidance released this week maintains the major components from the 2007 version while making a few small changes, including a change to the meaning of “traditional navigable waters”  under the CWA, which may result in a narrowing of federal jurisdiction in certain cases. 

The revised guidance was met with fierce criticism from some members of Congress, including Rep. Jim Oberstar (D-Minn.), chair of the House Transportation and Infrastructure Committee, who called the document an “assault on the nation’s environment and natural resources” for failing to adequately protect waterbodies around the country.  In the 110th Congress, Oberstar introduced the Clean Water Restoration Act (H.R. 2421) to clarify the scope of CWA jurisdiction and has indicated that reintroducing the bill will be one of his top priorities in the 111th Congress.  NACWA worked with Chairman Oberstar over the past year to improve the CWRA, including getting an exemption for  municipal waste treatment processes, and looks forward to working with Oberstar and the committee on this important issue in the coming year.

NACWA Web Seminar on Impacts of Economic Downturn Open to Members & Affiliates

It is not too late to register for NACWA’s free web seminar for public agency members and affiliates scheduled for Dec. 11 from 2:00 - 3:00 pm.  NACWA President Marian Orfeo, director of planning & coordination for the Massachusetts Water Resources Authority in Boston will moderate the seminar, The Economic Downturn – Impacts & Opportunities, which will focus on the impacts and potential opportunities for nation’s clean water  agencies resulting from the ongoing economic downturn.  The featured speakers will be municipal finance experts, John Friar, executive professor of entrepreneurship at Northeastern University in Boston, Mass., and Tom Paolicelli, executive director for the New York City Municipal Water Finance Authority, N.Y.  More information and registration is available on NACWA’s website.

Apply today! 2009 Water & Wastewater Leadership Center Applications due Dec. 12!

Space is still available for the 2009 Water & Wastewater Leadership Center executive education program, March 8 – 20, 2009, at the Kenan-Flagler Business School on the campus of the University of North Carolina at Chapel Hill.  The deadline for applications is Friday, Dec. 12, 2008, and interested individuals are strongly encouraged to apply now, as space in the program is limited.

The Leadership Center is specifically designed to prepare current and up-and-coming water and wastewater utility leaders to effectively and efficiently manage their utilities while meeting the current needs of their customers with the highest level of service and quality.  No other program cultivates leadership and management skills like this intensive 12-day executive management learning experience.  Students are challenged to broaden their perspective on evolving issues facing utilities and the changing business environment, while key course elements provide instruction on how to think strategically and lead confidently.  This targeted curriculum is enhanced by the state-of-the-art facilities and engaging and dynamic instructors offering an excellent forum for learning.  To request a Leadership Center application or additional information, visit the NACWA’s website or contact Kelly Brocato at 202/833-1449 or kbrocato@nacwa.org This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Register Today for NACWA’s 2009 Winter Conference

As policymakers contemplate how to respond to the economic crisis, NACWA will bring together the best and the brightest to offer key insights at its 2009 Winter Conference, Controlling Chaos: Managing Capital Costs in an Uncertain Economic Environment, scheduled for Feb. 3 - 6, 2009, at the Westin Buckhead Atlanta in Atlanta, Ga.  The conference will explore the drivers requiring clean water agencies to reprioritize capital spending and examine the factors critical in improving the efficiency of current spending.  Recent economic developments have affected every sector of the U.S. economy and the municipal wastewater community is no exception.  Even before the crisis, rapidly rising capital costs were posing challenges for clean water agencies.  With the cost of borrowing money now on the rise, the value of municipal bonds in flux, and the price of insurance for large projects skyrocketing, clean water agency resources will be stretched even further. 

Make your plans to attend today!  Online registration is now available.  Be sure to reserve your hotel room today by contacting the Westin Buckhead Atlanta at 404.365.0065 to guarantee the special conference rate of $209 single/double. Watch your mail and visit NACWA’s website, for the most up-to-date information on the 2009 Winter Conference.

DHS to Present Webinar on Critical Infrastructure Protection

The Department of Homeland Security (DHS) is presenting a webinar on December 10, 11:30 am - 2:30 pm EST, entitled Critical Infrastructure Protection Mission and Vision: A Shared Responsibility for Now and the Future.  Robert B. Stephan, DHS Assistant Secretary for Infrastructure Protection, will be conducting the webinar, which will focus on the vital importance of protecting the nation’s critical infrastructure and key resources (CIKR), the goals and objectives of the National Infrastructure Protection Plan, and the benefits of forming partnerships to protect CIKR.  Registration for the webinar is available at https://www2.gotomeeting.com/register/888437216.