» Clean Water Current Archive

August 7, 2009

Member Comments on EPA Peak Flows Guidance Due August 12

NACWA is preparing comments on EPA’s Draft Guidance on Preparing a Utility Analysis  (Draft Guidance), a 40-page document designed to assist utilities in preparing the ‘no feasible alternatives’ analysis EPA now requires before any peak flow blending scenario can be approved in a Clean Water Act permit.  NACWA is requesting member input on the Draft Guidance by Aug. 12 (see Regulatory Alert 09-04).  Other than the proposed 2005 peak flows policy, the Draft Guidance provides the only written explanation of EPA’s current interpretation of the bypass regulations — that any diversion of wet weather flows around secondary treatment units whether directly discharged or recombined with secondary effluent, is considered a bypass.  The Draft Guidance, however, goes further than the 2005 proposed peak flows policy to state that any wet weather flow diversions, including those receiving additional treatment (e.g., ballasted flocculation, chemically enhanced primary, etc), that cannot meet the 30-day secondary treatment standards before recombination, are bypasses.  If a clean water agency can demonstrate through the utility analysis outlined in the Draft Guidance that there are no feasible alternatives to the bypass, then it can be approved as an anticipated bypass in the facility’s permit.  EPA’s regional offices and state water program managers are also reviewing the Draft Guidance.

While the Draft Guidance encourages utilities to evaluate the use of technologies for treating peak flows, including parallel treatment like ballasted flocculation, EPA states in the guidance that it “strongly discourages reliance on peak wet-weather diversions around secondary treatment units as a long-term, wet-weather management approach.”  By requiring auxiliary treatment units to meet full secondary standards before recombination to avoid the bypass determination, the Agency is creating a huge disincentive to installing additional treatment.  NACWA’s comments on the Draft Guidance will highlight this as a major issue.  It points to EPA’s unfounded concern that utilities will simply install these auxiliary treatment units and ignore maintenance in the collection system.  As NACWA has advocated for more than a decade, issues concerning the collection system should be addressed through a comprehensive sanitary sewer overflow policy, not via a policy designed to address peak flow management at the plant.  NACWA will meet with Peter Silva, the newly confirmed EPA assistant administrator for water, later this month to discuss a possible resolution and will be sending EPA comments on the Draft Guidance by Aug. 14.

Deadline for Excellence in Management Recognition Program Applications is August 21!

The deadline for submitting applications for the Excellence in Management Recognition Program is fast approaching! All NACWA member public utilities (both wastewater treatment facilities and conveyance systems) that can demonstrate continuous improvements in efficiency and effectiveness in service delivery during the previous three-year period are encouraged to apply. Additionally, agencies receiving Excellence in Management recognition in 2006 are now eligible to re-apply. Application submissions should showcase utility programs that move beyond everyday practices to address a range of management challenges faced by clean water agencies in today’s competitive environment. Applications are available at Excellence in Management Recognition Program. Share the visionary, results-oriented, innovative management initiatives in which your utility is currently engaged through this unique award program and be rewarded! Contact Kelly Brocato, director of membership development, at 202/833-1449 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any questions on this award program.

EPA to Seek NACWA Input into Development of Enforcement Policy

EPA sent a letter  to NACWA Aug. 5 promising to include the Association in upcoming discussions involving the development of a new Clean Water Act enforcement initiative. The Agency was responding to a July 29 request  by NACWA seeking inclusion in the process. EPA acknowledged the Association’s important advocacy role on behalf of clean water utilities and noted that NACWA “provides a very important perspective on Clean Water Act compliance” and that EPA values its input. The correspondence then goes on to state that EPA will be making arrangements for NACWA to participate in the upcoming discussion process with other stakeholder groups. The letter, from Cynthia Giles, EPA assistant administrator of the Office of Enforcement and Compliance Assurance (OECA), said NACWA will have an opportunity to provide input during development of the action plan to improve the efficiency and transparency of enforcement actions under the Clean Water Act. NACWA will keep the membership updated on developments regarding this important issue.

Recommendations Released for Flu Vaccination Priorities; Planning Guidance Available

With the new H1N1 influenza (“swine flu”) onset expected this fall, utilities are encouraged to review the new Department of Homeland Security (DHS) Preparedness, Response, and Recovery Guide for Critical Infrastructure and Key Resources, which includes an annex  for water and wastewater utilities, as well as their own pandemic preparedness plans. Utilities should also encourage their employees to be immunized as soon as possible if they fall into one of the five groups recommended by the Centers for Disease Control (CDC) as the top priority recipients for H1N1 vaccinations when they become available: pregnant women; people in household contact with children younger than six months; health-care and emergency medical services workers; everyone six months to 24 years old; and people aged 25 to 64 with a high risk condition, such as an underlying health issue. Vaccinations for seasonal flu and good hygiene practices are also encouraged.

Water sector personnel were listed as a Tier 2 vaccination target group in the 2008 DHS and Health and Human Services (HHS) Guidance on Allocating and Targeting Pandemic Influenza Vaccine , due to the work of NACWA and other water sector associations in calling attention to the vital role of water utilities. During a webcast Aug. 4 that featured HHS Secretary Kathleen Sebelius, DHS Secretary Janet Napolitano, and Education Secretary, Arne Duncan, NACWA asked if water sector personnel would still be classified as Tier 2 after the initial priority groups. The panel responded that while this guidance was still being followed, it provides for flexibility based on the characteristics of a particular influenza strain. The panel emphasized that state and local authorities would make the decisions about allocation of the vaccine, and that the priority groups are recommended for the time period when the initial vaccine supply is limited. NACWA will continue to track the influenza vaccination status, and utilities should also take this opportunity to contact their state health departments with a reminder of the importance of water sector personnel.

NACWA Meets with GAO on Wastewater Infrastructure Funding

NACWA met this week with officials from the Government Accountability Office (GAO) to assist in their initial research for, and scoping of, a report on alternative revenue sources to address the wastewater funding gap. The report was requested by Rep. John Mica (R-Fla.), ranking member of the House Transportation and Infrastructure Committee, as a follow-up to the recently released GAO report, Clean Water Infrastructure: A Variety of Issues Need to be Considered when Designing a Clean Water Trust Fund . That report addressed the viability of a number of different revenue sources for a potential clean water trust fund. Rep. Earl Blumenauer (D-Ore.) has since introduced the Water Protection and Reinvestment Act (H.R. 3202 ), which calls for the creation of a clean water trust fund.

In the new report, GAO will analyze alternative funding mechanisms, including public-private partnerships, potential bond market changes (with a focus on the use of private activity bonds), the Bush Administration EPA’s Four Pillar approach with a focus on the full-cost pricing pillar, leveraging Clean Water State Revolving Fund (CWSRF) dollars, and a national infrastructure bank. NACWA gave feedback and provided key documents, including the Association’s Financial Survey to GAO. The Association will also be providing recommendations to GAO regarding which public agencies they should speak to as well as key information regarding the alternate funding mechanisms under review. GAO is currently in the process of gathering general comments and information before doing more specific analysis on each of the mechanisms. The final report is expected to be released in the spring of 2010. NACWA will continue to provide GAO with the perspective of public wastewater utilities and will keep its members informed of developments as they happen.