The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the October 2008 Regulatory Update.  This Update provides a narrative summary of relevant regulatory issues and actions current to October 15, 2008. Please contact NACWA’s Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it or Cynthia Finley at 202/296-9836 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any questions or information on the Update topics.

Air Quality & Climate Change

NACWA to Meet with EPA on Final Climate Change Strategy for Water

EPA’s Office of Water released the final version of its National Water Program Strategy: Response to Climate Change on October 2.  The Strategy is EPA’s “initial effort to describe climate change impacts on water programs, define goals and objectives for responding to climate change, and identify a comprehensive package of specific response actions.” It presents goals and key actions for the National Water Program in the areas of climate change mitigation, adaptation, and research; education of EPA staff on climate change issues; and management of climate change work within the National Water Program.

NACWA met with EPA in May to discuss the draft version of the Strategy, and the Association submitted detailed comments on the draft in June.  NACWA recommended that EPA develop longer-term strategies for identifying climate change impacts and adaptation needs of the water sector, and that EPA consider financial resources that will be required for adaptation.  The comments also emphasized the need to address climate change impacts with a holistic watershed approach, which is mentioned in the Strategy but not specifically addressed through the goals or key actions.  NACWA is reviewing the final Strategy and plans to meet with EPA to discuss how the Agency will implement the Strategy.

EPA Misses Deadline for Proposing Greenhouse Gas Reporting Rule
In related news, EPA missed its September 26 deadline for proposing a greenhouse gas reporting rule that would require certain industries, including wastewater treatment, to report their greenhouse gas emissions.  The rule would set thresholds for each industry, and sources that exceed the thresholds would be required to report emissions.  NACWA met with EPA in June to discuss the rule and reporting thresholds and was told that the Agency may not be able to meet the deadline.  EPA is interested in receiving comments on their proposal and NACWA will ask members for comment when the proposal is ready for review.

NACWA Meets with EPA, Water Sector Associations on Climate Change

On October 8, NACWA and other water sector associations met with representatives from EPA’s Office of Drinking Water and Groundwater as well as the Agency’s Office of Wastewater Management to discuss climate change initiatives being undertaken by each group.  NACWA described the Association’s current Targeted Action Fund (TAF) projects that deal with climate change and the Association’s advocacy plans for climate change in the legislative arena.  One of NACWA’s TAF projects is the collection of information and data to support revision of the estimation methods for nitrous oxide emissions from wastewater treatment facilities that is used in EPA’s inventory of greenhouse gas emissions.  NACWA has provided EPA with comments on the estimation methods, and the Agency has expressed an interest in seeing more data that could possibly lead to changes in the methodology.   The other TAF project, which will be carried out through the Association’s Critical Issues Action Initiative, is the development of a manual on carbon markets which will help clean water agencies to take advantage of existing and emerging carbon markets and generate carbon credits for energy efficiency improvements.  NACWA is also preparing draft legislation focusing on research, adaptation and mitigation needs for wastewater utilities, which will be ready for inclusion in climate change legislation that may be introduced by Congress next year.

Other associations are pursuing research projects on climate change impacts on water resources and mitigation of greenhouse gas emissions, as well as defining legislative priorities.  EPA is planning an expert’s workshop on water infrastructure sustainability and adaptation to climate change.  This workshop will be held in January and attendance will be by invitation only.  NACWA is reviewing the draft agenda for the workshop and will be making suggestions to the organizers about potential topics and attendees.

Discussion at the October 8 meeting focused on the research needs of water and wastewater utilities, and how research should be coordinated to offer the best use of limited funds.  The water sector associations plan to meet periodically to facilitate this type of coordination and communicate climate change initiatives and needs.

Biosolids Management

EPA Seeks Comment on Draft Document on Risk Assessments for Pathogens in Biosolids

On September 19, EPA released the draft document, Problem Formulation for Human Health Risk Assessments of Pathogens in Land-applied Biosolids (External Review Draft), for public review and comment.  NACWA is currently reviewing the document to determine whether it should file comments.  There is a 45-day public comment period for this document and comments will be due to EPA by November 3.  The document is part of EPA’s effort to respond to the 2002 National Research Council report entitled, Biosolids Applied to Land: Advancing Standards and Practice.  In January 2004, EPA released an "Action Plan" for setting new priorities for the biosolids program to address the recommendations in the NRC’s report.  This new draft document provides concepts and planning methods for consideration and possible use in conducting a risk assessment focusing on pathogens in land-applied biosolids.  The document summarizes the existing literature; defines critical pathogen stressors; develops conceptual models linking the most likely stressors, pathways, and health responses of concern; evaluates the overall quality and utility of available risk assessment data, tools and methodologies; and outlines an analysis plan that identifies research and methods for conducting a scientifically defensible risk assessment relevant to EPA’s decision needs.  NACWA also understands that in addition to this document, headed up by the Office of Research and Development, EPA’s Office of Science and Technology is working on a separate effort relating to risk-based assessments of pathogens in biosolids.  NACWA is tracking that effort as well and will notify members of its progress.

Emerging Contaminants

NACWA Reviewing ‘Down-the-Drain’ Assessment for Antimicrobial Pesticides

NACWA is now reviewing an EPA proposal to add requirements for antimicrobial pesticides (substances that would be used in non-agricultural disinfection and sanitary processes, such as toilet bowl or countertop disinfectant, among others) that are flushed down the drain or otherwise make their way into the sewer.  The rule, proposed October 8 in the Federal Register, would add new data requirements for use in a screening-level assessment on the fate of antimicrobials that reach wastewater treatment plants.  The Agency is seeking comment on the proposed ‘Down-the-Drain’ approach for evaluating the potential impact of antimicrobial pesticide chemicals on treatment plants.  The 90-day comment periods closes January 6, 2009.  Over 40 supporting documents (including four case studies used for the Down-the-Drain analysis) and related materials are in the docket for the rule.  NACWA also plans to attend a November 6 workshop on the rule in Arlington, Virginia.

Meetings and Conferences

NACWA at WEFTEC 2008 in Chicago

NACWA will hold its annual Hot Topics Breakfast on Tuesday, October 21, during WEFTEC 2008 in Chicago.  NACWA members attending WEFTEC are encouraged to attend and listen to key EPA staff provide updates on critical water quality-related topics.  Craig Hooks, Director of EPA’s Office of Wetlands, Oceans, and Watersheds, and Ephraim King, Director of EPA’s Office of Science and Technology, are confirmed to participate and will be joined by key members of their staff to discuss issues such as nutrient controls, effluent guidelines, and whole effluent toxicity, just to name a few.  The breakfast is an informal session and will provide ample opportunity to ask questions of our EPA guests.

Please mark your calendars for Tuesday, October 21 from 8:00 am – 10:00 am (breakfast will be available at 7:30 am) at the Sheraton Chicago Hotel & Towers (the WEFTEC headquarters hotel) in room Michigan AB.  We hope to see you there!

Clean Water Advocacy Center to be a Presence on Critical Issues
NACWA has once again teamed up with the Water Environment Federation (WEF) and the American Public Works Association (APWA) to host the Clean Water Advocacy Center (CWAC) at WEFTEC ’08.  This is the second year that the CWAC (Booth # 34003) will be communicating – with your help – the importance of clean water and infrastructure funding to the candidates running for president and the Congress.  This year the CWAC will feature photo opportunities with both presidential candidates (of the cardboard cut-out variety) to attract visitors and encourage support for clean water as a central priority of any new administration.  Come sign on to a letter asking our new President to make support for clean water a priority in his new administration, and get your photo taken with the candidate of your choice.

Ken Kirk to Speak on Panel about Financial Crisis, Opportunities in Congress
In addition, NACWA Executive Director Ken Kirk will speak on a panel from 8:30 am – 12:00 noon, Monday, October 20, where he will be joined by Ben Grumbles, EPA assistant administrator for water; Dick Lanyon, general superintendent of the Metropolitan Water Reclamation District (MWRD) of Greater Chicago; and Sandi Allen, of the New York Department of Environmental Conservation, to discuss “Fees, Finance, and the Future: Water is Life and Infrastructure Makes it Happen.”  Ken will provide the municipal perspective in context of the current economic crisis and discuss opportunities in the upcoming Congress.  Closing out the panel discussion will be Chicago Mayor Richard Daley.

Security and Emergency Preparedness

Water Sector Urges Utilities to Complete Security Reporting by October 23

The Water Sector Coordinating Council (WSCC) and its government agency partners have launched a reporting tool for the 22 security measures developed by the Critical Infrastructure Partnership Advisory Council (CIPAC) Metrics Workgroup.  All of the nation’s water and wastewater utilities are asked to participate in the anonymous and voluntary reporting, and NACWA urges its members to complete the reporting by the October 23 deadline.   The reporting tool, which is being administered by the WaterISAC, is available at http://water-sector-progress.org/.   The WaterISAC is securing all responses and will only report the responses in aggregated form (please note that WaterISAC membership is not required to complete the reporting).

NACWA participated in the CIPAC Metrics Workgroup, along with representatives of other water sector associations, government agencies, and water and wastewater utilities.  The Workgroup developed the 22 measures to support the goals and objectives of the national Water Sector Specific Plan and assess the “all hazards” security progress of utilities.  The measures will provide information on security activities, the security of hazardous chemicals, and risk reduction outcomes for the water sector.  The information collected will help NACWA and other water sector associations in their advocacy efforts regarding water and wastewater utility security.  The proactive security measures taken by the water sector will be illustrated by the reporting results, and areas for improvement will be defined.  Information is needed from all sizes and types of utilities, and all NACWA utility members should ensure that their information is submitted.

Water Quality

NACWA Requests Peer Review from EPA on New Nutrient Standard Methodology

NACWA sent a letter to EPA Administrator Stephen Johnson on September 29 requesting a peer review of a controversial new methodology for developing nutrient standards.  The methodology was developed, and has been recently used, by EPA Region III to develop a total maximum daily load (TMDL) and was discussed in depth during NACWA’s recent Late Breaking Legal Issues Call on September 10.  NACWA’s letter expresses concern with the scientific validity of the new approach, including its reliance on a new and untested data evaluation procedure.  The letter further argues that peer review of the study is necessary due to the technical uncertainty surrounding the new methodology, and points out that a review is also warranted under existing EPA and Office of Management and Budget (OMB) policies.  Based on the questionable scientific methods employed in developing the methodology and the potentially high costs of compliance, NACWA’s letter requests that EPA schedule a peer review as quickly as possible and suspend any further application of the methodology pending completion of the review.  NACWA will continue to track this issue and report on any developments or response from EPA.

NACWA Continues Work on Nutrients, EPA Releases Control Technology Document

A workgroup of NACWA members has continued its collaboration with members of the Association of State and Interstate Water Pollution Control Administrators (ASIWPCA) over the past several months, crafting a survey to collect information on secondary treatment from the nation’s wastewater treatment plants.  The hope is that the survey will enable NACWA to provide EPA with vital information it needs to demonstrate that a one-size-fits-all change to the secondary treatment regulations to include nutrient removal is not technically sound.  NACWA is also working on several other fronts including initiating work on its Critical Issues Action Initiative on nutrients to conduct a legal analysis of the secondary treatment regulations and develop other arguments against further ratcheting down on point source contributions of nutrients with little control on nonpoint sources.

Since the Natural Resources Defense Council (NRDC) petition seeking changes to the secondary treatment regulations was filed, EPA has been working to finalize a two-volume document on nutrient control technologies outlining their nutrient removal capabilities.  The final version of the document is now available.  This is one of the major elements of EPA's current effort to address vulnerabilities highlighted by the NRDC petition.  NACWA believes the document can be a helpful resource and is encouraged by its discussion of sustainability considerations when determining nutrient requirements.

NACWA Raises Concerns with New EPA Test Methods for Pharmaceuticals, Steroids

NACWA sent EPA officials a letter on October 9, outlining a series of concerns with two new analytical methods EPA recently made available on its website.  NACWA’s primary concern with the two methods (Methods 1694 and 1698) for the analysis of pharmaceuticals and personal care products (PPCPs) is their poor performance in the validation study EPA conducted.  Though not formally approved or promulgated in Part 136, NACWA is concerned that the methods will be interpreted as EPA ‘endorsed’ methods and used for regulatory purposes.  In fact, in California, monitoring requirements in discharge permits using the new methods are already being pursued by the state.  NACWA’s letter requests that EPA issue a statement acknowledging the existence of other methods that can be used to analyze for these constituents and outlining the limitations of methods 1694 and 1698.  Despite strong recommendations from the Federal Advisory Committee on Detection and Quantitation Approaches and Uses in Clean Water Act Programs to establish data quality objectives (DQOs) for the programs that use these methods before developing and/or publishing analytical methods, the methods were subjected to a validation study without DQOs to define what would or would not be acceptable performance.  NACWA also outlined several more specific concerns with the methods, including the complexity and cost associated with some elements of the methods that would limit what labs could actually conduct the tests.