» Clean Water Current Archive

April 17, 2009

NACWA Sends Letter to House Energy and Commerce Committee on Climate Bill

NACWA sent a letter  this week to Rep. Henry A. Waxman (D-Calif.), chair of the House Energy and Commerce (E&C) Committee, and Rep. Edward J. Markey (D-Mass.), chair of the E&C Energy and Environment Subcommittee,  generally supporting the March 31 discussion draft of the American Clean Energy and Security Act of 2009  (ACES).  NACWA issued a Legislative Alert (LA 09-08) April 3 discussing the key elements of the draft bill.  Among other things, the proposal would establish a cap-and-trade system for greenhouse gasses (GHGs), set new standards for renewable energy programs, and require a 20-percent cut from 2005 carbon emissions levels by 2020, 42 percent by 2030, and 83 percent by 2050.   NACWA’s letter suggested revisions to strengthen how the bill addresses water-related concerns resulting from climate change.  Chairman Waxman intends to report out a bill from his committee by Memorial Day.  For more information about NACWA’s legislative efforts on climate change, please contact Patricia Sinicropi at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or Byron DeLuke at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

EPA Proposed Finding on Public Health Link to Climate Change May Trigger CAA Regs

EPA released a proposed public finding today that greenhouse gases contribute to air pollution and may endanger public health.  The proposal opens the door for six greenhouse gases — carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride — to be regulated under the Clean Air Act (CAA).  NACWA submitted comments  in November 2008, in response to an EPA advance notice of proposed rulemaking (ANPRM), saying the CAA may not be the best vehicle for regulating these gases.  “The Clean Air Act was meant to address pollutants on a local or regional basis with a focus on improving public health, and its framework cannot account for the global nature of greenhouse gas emissions and climate change,”  the NACWA letter said.  Rather, NACWA believes legislation, similar to the proposal being floated in the House by Reps. Henry Waxman (D- Calif.) and Ed Markey (D-Mass.), is a better way to respond to climate change (See related story).  NACWA’s comments said that climate change should be addressed through a framework that recognizes the strong interrelationship with water resources, the economic impacts of regulations, the need for more research into the potential impacts on water resources, and the need to develop adaptation measures.  EPA’s analysis accompanying its proposed findings shows that climate change may lead to increased levels of ozone, increased drought, more heavy downpours and flooding, greater sea level rise, more intense storms, and harm to water resources, wildlife, and agriculture.  This analysis echoes NACWA’s position that climate change is fundamentally about water, and the impacts to the clean water community will be significant.  NACWA’s Climate Change and Air Quality Committee will continue to work with EPA and Congress to address the climate change in a way that meets the needs of the clean water community.  EPA will take comments on the proposal for 60 days once it appears in the Federal Register.

NACWA Meets with Senate Security Panel, Discusses Jurisdiction and IST

NACWA met with this week with Republican staff of the Senate Homeland Security and Government Affairs Committee to express concerns over efforts by the House of Representatives to extend the chemical facility anti-terrorism standards (CFATS) to water and wastewater facilities.  Currently, the standards only apply to private chemical manufacturers.  Rep. Bennie Thompson (D-Miss.), chair of the House Homeland Security Committee, is working with Rep. Henry Waxman (D-Calif.), chair of the House Energy and Commerce Committee, to mark up legislation by Memorial Day that would include water and wastewater facilities under the CFATS program and potentially require them to use “inherently safer technologies” (IST).  Waxman’s committee has agreed to write a separate title that would address security at drinking water facilities with the EPA as lead oversight agency, while security at wastewater facilities  would fall under the Department of Homeland Security (DHS).

NACWA is urging both the House and Senate committees to grant EPA oversight authority for security programs at both drinking water and wastewater facilities.  Moreover, allowing DHS jurisdiction over wastewater while EPA oversees drinking water would prove impractical in cases of joint water and wastewater utilities.  NACWA also continues to oppose any federal IST mandate, arguing that water and wastewater utilities should be treated differently than private chemical manufacturers because of their unique role in environmental and public health protection.  The Association’s Security & Emergency Preparedness Committee discussed these issues during a conference call Tuesday and will also meet during the National Clean Water Policy Forum to discuss legislative strategy.  To date, no bill has been introduced in the Senate. This issue, however, is a priority for both chambers because the current CFATS program is set to expire in October.

NACWA Works with Water Sector, Environmental Advocacy Groups on IST
NACWA and other water sector organizations are also discussing the issue of IST with a coalition of environmental and public advocacy groups including U.S. Public Interest Research Group (PIRG), Greenpeace, Clean Water Network, Natural Resources Defense Council (NRDC), United Auto Workers (UAW), and the Center for American Progress (CAP), among others.  These groups have supported efforts in Congress to extend CFATS to water and wastewater agencies, including a mandate for utilities to implement IST.  NACWA continues to articulate to these groups how IST could interfere with a utility’s ability to efficiently and effectively provide clean and safe water and how decision-making authority should remain at the local level.  Additionally, NACWA continues to emphasize the significant economic costs that utilities will face if the clean water community is included in the CFATS requirements and will urge that federal funds be included to pay for any new mandates.  The Association hopes to build awareness among these groups, which may be important allies in NACWA’s advocacy efforts during the upcoming chemical security debate.

First NACWA/Conservation Fund Green Infrastructure Course A Success

NACWA and The Conservation Fund (TCF) hosted a successful three-day pilot course this week designed to instruct municipal utilities on the uses and implementation of green infrastructure technologies as a way to improve water quality.  The course, How Green is My Infrastructure? A Regional Approach to Municipal Planning and Investment, held at the U.S. Fish and Wildlife Service’s National Conservation Training Center in Shepherdstown, W.V., involved both classroom lectures and hand-on learning activities with a wide range of information on green infrastructure specific to the unique needs and goals of clean water utilities.  This included instruction on how green infrastructure can be used along side more traditional “gray” infrastructure to significantly reduce stormwater pollution and combined sewer overflows.  Classroom presentations covered the basic principles of green infrastructure and instruction on obtaining regulatory credit for green projects, financing green infrastructure projects, and maintaining and monitoring green infrastructure over the life of a project.

The highlight of the course was a hand-on learning activity where participants broke into teams to design and implement a green infrastructure network based on information from the class.  Teams were supplied with maps and data layers for a specific watershed.  They then had to develop goals and objectives for improving its water quality and design a green infrastructure network to achieve those goals and objectives.  Teams then had to implement their green infrastructure plans through a variety of methods such as protecting undeveloped land, redeveloping urban areas, collaborating with other interested stakeholders, and installing low impact development techniques such as rain gardens, bioretention ponds, and green roofs.  Their design network and implementation plans were presented for feedback from course instructors and class peers on their specific green infrastructure ideas.  Participants in the class had very positive comments regarding this learning approach and stated that they found the entire experience to be extremely valuable.  NACWA would especially like to thank its members from the Philadelphia Water Department, the Milwaukee Metropolitan Sewerage District, the Metropolitan Water Reclamation District of Greater Chicago, the Metropolitan Sewer District of Greater Cincinnati, and the City of Independence (Mo.) Water Pollution Control Department for advising NACWA and TCF in developing the course and serving as presenters.

Hotel Deadline for Clean Water Policy Forum Extended to April 20

Those planning to attend the 2009 National Clean Water Policy Forum, sponsored by NACWA and the Water Environment Federation (WEF), are reminded that the deadline to receive the special conference rate at the Washington Renaissance Hotel is Monday, April 20.  In order to be included in the participants list for the Policy Forum, please be sure to register by Wednesday, April 22.  This year’s Policy Forum will offer important information on the direction of clean water policy under the Obama administration and 111th Congress with presentations by EPA Administrator Lisa Jackson and Nancy Sutley, chair of the White House Council on Environmental Quality (CEQ).  In addition, we will hear from Joseph Romm, editor of climateprogress.org and senior fellow at the Center for American Progress, as well as representatives from other national environmental organizations who will discuss issues of critical importance, including wet weather, nutrient control, and climate change.  To reserve your hotel room, please call the Renaissance Washington directly at 202.898.9000 and indicate that you are attending the 2009 National Clean Water Policy Forum to receive the special rate of $289.  We look forward to seeing many NACWA members in Washington next month.