» Clean Water Current Archive

October 23, 2009

NACWA to Release Report on Impacts of Climate Change; Testify at Senate Hearing

NACWA and the Association of Metropolitan Water Agencies (AMWA) will release a report next week examining some of the likely impacts from climate change on drinking water and wastewater utilities and estimating the cost to help them adapt.  The report, Confronting Climate Change:  An Early Analysis of Water and Wastewater Adaptation Costs, provides early cost estimates of $445-994 billion to address the water management and infrastructure challenges confronting the drinking water and wastewater sector as climate change becomes more and more of a reality.  The report is designed to provide policy makers, as well as water utility managers, an understanding of the magnitude of the challenge.

The release of the report will coincide with the start of hearings next week in the Senate Environment and Public Works (EPW) Committee on how to address climate change.  NACWA will testify jointly with the California Association of Sanitation Agencies (CASA) Oct. 28.  Testifying on behalf of NACWA and CASA will be Ron Young, president of CASA and general manager of Elsinore Valley Municipal Water District.  The three-day hearing will focus on the Clean Energy Jobs and American Power Act (S. 1733), a bill introduced by Sens. Barbara Boxer (D-Calif.), chair of the committee, and John Kerry (D-Mass.) to set up a program for reducing greenhouse gas emissions.  On Oct. 27, top Obama administration officials, including EPA Administrator Lisa Jackson, Energy Secretary Steven Chu, and Interior Secretary Ken Salazar will testify.

The hearing will give NACWA an opportunity to explain why mitigating greenhouse gas emissions is important for the water sector.  NACWA and CASA will also urge Congress to ensure the legislation has a strong adaptation program to help water, wastewater and stormwater utilities confront the challenges of climate change and provisions guaranteeing a role for the wastewater sector in our nation’s efforts to become energy independent.  NACWA and CASA sent up a letter  this week thanking Senators Kerry and Boxer for including the Water Systems Mitigation and Adaptation Partnership program in S. 1733.  NACWA also encourages its members to log onto the Senate EPW website to view the webcast of the hearings.

Technology-Based Option Remains Viable as EPA Prepares Response to Nutrient Petition

A recent report by EPA and state regulators, laying out options for addressing nutrient pollution, calls for the establishment of a cross-state, enforceable framework of responsibility and accountability for all point and nonpoint pollution sources and identifies numerous tools for addressing the problem.  The list of “most promising tools” includes updating secondary treatment to include removal for nutrients; nonpoint source regulation; federally required numeric nutrient criteria; detergent phosphate ban; and green labeling.  The report, An Urgent Call to Action – Report of the State-EPA Nutrient Innovations Task Group , has garnered significant attention over the last few weeks as details have become more widely available.  EPA and state officials, including Jim Hanlon, director of EPA’s Office of Wastewater Management, Ephraim King, director of EPA’s Office of Science and Technology, and Ellen Gilinsky, president of the Association of State and Interstate Water Pollution Control Administrators (ASIWPCA), provided the report to EPA Administrator Lisa Jackson in August.  While focused on establishing equitable controls for all sources of nutrient pollution, the report provides little detail on its recommended revision of secondary treatment and required federal numeric nutrient criteria — two issues of significant concern to NACWA.  The ad hoc task group was formed following an October 2008 meeting of EPA and state regulators.  While the report was not requested by the administrator, the joint message from EPA and the states will no doubt carry some weight with the Obama administration.

Whether this new report indicates a change in EPA’s thinking remains unclear as the agency continues to formulate its response to a petition by the Natural Resources Defense Council’s (NRDC’s) to redefine secondary treatment to include removal for nitrogen and phosphorus.  Over the past year NACWA has met with EPA on several occasions and has developed several legal and technical analyses to demonstrate to EPA that a one-size-fits-all approach, as contemplated by NRDC, simply cannot work.  Over the past year, EPA staff has seemed inclined to deny the petition, but felt vulnerable on several key legal arguments that had been made in the past on the same issue.  NACWA sent a letter  Sept. 24 underscoring how EPA could legally deny the petition.  In an Oct. 16 response , Pete Silva, EPA assistant administrator for water, said his office is “carefully reviewing the details” presented in the NACWA letter and expressed his appreciation for the data and information NACWA has provided over the past year.  He further noted that EPA “will further consult with NACWA…before we take action on the NRDC petition,” adding that the agency will “prepare a report and preliminary response to the NRDC petition later this fiscal year,” which extends until Sept. 30, 2010.  NACWA continues to maintain an active dialogue with the agency on the issue and will be working to set up another meeting to discuss the EPA-state task group’s report and options for making continued progress on nutrient control in the coming weeks.

House E & C Committee Approves Security Bills; House to Consider CFATS Bill

The House Energy and Commerce Committee approved by voice vote two bills this week that would establish security protocols for wastewater and drinking water facilities, private companies, and entities that use “substances of concern” listed under the Chemical Facility Anti-Terrorism Standards (CFATS).  The Drinking Water Security Act (H.R. 3258) addresses security at drinking water facilities and gives oversight to EPA while the Chemical Facility Anti-Terrorism Act (H.R. 2868) would cover private companies, such as chemical manufacturers, and wastewater treatment facilities.  NACWA is concerned that H.R. 2868, as currently written, would split oversight between EPA and the Department of Homeland Security (DHS) with EPA overseeing drinking water facilities, and DHS having jurisdiction over wastewater.  NACWA has argued that such an approach would be cumbersome, especially for member agencies that provide both drinking water and wastewater services.  H.R. 3258 would give EPA sole oversight authority over both drinking water and wastewater facilities, the approach supported by NACWA and the Obama administration.  Peter Silva, EPA assistant administrator for water, testified  in favor of this approach at the Oct. 1 hearing before the House Subcommittee on Energy and Environment and noted the extensive work of NACWA and other water sector groups to promote and ensure security at their facilities.

The approval of the bills marks the conclusion of a lengthy committee consideration process.  With the expectation that H.R. 2868 could be considered by the full House in the coming weeks, NACWA met yesterday with majority staff of the House Transportation and Infrastructure (T & I) Committee, which has jurisdiction over wastewater issues, to refine strategies and develop next steps to exempt wastewater utilities from the CFATS bill before its passage by the House.  NACWA is continuing to work with the T & I Committee and other stakeholders to press for quick action and consideration of the Wastewater Treatment Works Security Act of 2009 (H.R. 2883), which would ensure that EPA is the regulatory entity for the entire water sector, and exempt wastewater utilities from CFATS in H.R. 2868.

NACWA has advocated for this position aggressively most recently sending a letter  to DHS Secretary Janet Napolitano and EPA Administrator Lisa Jackson.  In an Oct. 16 letter , DHS Undersecretary Rand Beers responded to NACWA, restating the administration’s position that both wastewater and drinking water facilities should be within EPA’s jurisdiction.  DHS signaled its intention to engage NACWA and other stakeholders to gain technical expertise as they work with EPA to effectively implement security programs for wastewater and water utilities.

NACWA members are also reminded to complete the NACWA Chemical Security Survey released this week.  The results yielded by the survey will help NACWA’s efforts with the T & I Committee, and others, to ensure security legislation takes into account POTW concerns and efforts already being pursued by our member agencies.  The survey is available online at www.nacwa.org/chemsurvey.  Please contact NACWA’s This e-mail address is being protected from spambots. You need JavaScript enabled to view it at 202-833-4655 with any questions on the chemical security bills.

Water Sector Utilities Have One More Week to Complete Security Reporting Survey

NACWA and the other national water sector associations are urging all water and wastewater utilities to complete a brief survey designed to measure the water sector’s progress in security, preparedness, and resilience.  Responding to the survey is completely anonymous, and all submitted information is collected and stored securely.  The aggregated results will identify trends and benchmarks by which managers can measure their utilities’ progress.  In addition, the results provide a high-level overview of the water sector’s security posture that can be used to demonstrate the achievements of the sector in the public policy arena.  A final report on the data collected should be available in January 2010.  This project is being conducted under the auspices of the Water Sector Coordinating Council (WSCC), in partnership with EPA and the Department of Homeland Security.

Please complete this survey no later than Oct. 30.  This survey is being conducted by the entire water sector and is different from NACWA’s October 19 Chemical Security Survey that will be used specifically for NACWA’s advocacy efforts.  To access the survey website, go to http://www.waterisac.org and click the link entitled “Participate in the 2009 Water Sector Metrics Initiative.”  Please contact NACWA’s Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 202-296-9836 with any questions.

Law Seminar Promises Exciting, Engaging Agenda

NACWA’s 2009 Developments in Clean Water Law Seminar is just around the corner with an agenda that will address some of the most critical current legal issues for clean water practitioners and feature top speakers from around the country.  Additional information on the seminar, scheduled for Nov. 11-13 at the Marriott Metro Center in Washington, is available on NACWA’s Conferences & Professional Development webpage.