» Clean Water Current Archive

March 26, 2010

NACWA Builds Momentum in Congress for Changes to EPA Approach on Affordability

NACWA recently met with the offices of Ohio Senators George Voinovich (R) and Sherrod Brown (D) and received their strong support for legislative language in the FY 2011 Interior and Environment Appropriations bill that would require the Environmental Protection Agency (EPA) to update their 1997 affordability guidance document Combined Sewer Overflow — Guidance for Financial Capability Assessment and Schedule Development.  This effort builds off of Voinovich’s and Brown’s introduction earlier this Congress of The Clean Water Affordability Act (S.854).  This legislation, in turn, ultimately formed the basis for the inclusion of a key provision requiring EPA to review and consider revisions to its outdated 1997 guidance in the subsequently introduced Water Infrastructure Financing Act (S. 1005) —  the Senate’s State Revolving Loan Fund (SRF) reauthorization bill.  S.1005, however, appears stuck in the Senate with little chance of movement in the near future — a situation that prompted NACWA to pursue the FY 2011 appropriations rider approach.

In addition to receiving the support of Sens. Voinovich and Brown on this effort, NACWA has also met with staff for the Senate Environment and Public Works Committee and Representative Jim Moran, Chairman of the House Interior and EPA Appropriations Subcommittee, to garner their support for the effort. These legislative efforts constitute just one part of a broader advocacy approach to address affordability concerns facing utilities across the nation.  NACWA will continue to have regular meetings with staff at EPA concerning regulatory and enforcement-related fixes to their affordability approach and is in the early phases of developing and rolling out a multi-year public outreach campaign called “Money Matters”.  Through this campaign NACWA will seek to raise public awareness of the fiscal impacts municipalities and clean water agencies are experiencing due to the lack of a rational, flexible and innovative approach to Clean Water Act compliance and management needs.

NACWA Sends Letter to EPA Regarding 2010-2013 National Enforcement Initiatives

NACWA forwarded a letter  March 24 to EPA Assistant Administrator for Enforcement and Compliance Assurance (OECA) Cynthia Giles which responds to the Agency’s announcement of National Enforcement Initiatives for fiscal years 2010-2013, expressing NACWA’s support for the specific identification of affordability and green infrastructure issues in the municipal wet weather enforcement initiative but also indicating the Association’s concern that the EPA document does not clearly identify how these concepts will be incorporated.  The enforcement initiatives, released by EPA in February, include a focus on municipal wet weather issues such as combined sewer overflows and sanitary sewer overflows but also discussed the importance of finding affordable solutions to these challenges, including the use of green infrastructure.

The March 24 letter notes that while identification of affordability issues is a step in the right direction, EPA still needs to explain how it plans to consider affordability within the context of the municipal wet weather enforcement imitative.  In particular, the letter cautions EPA against continued reliance on its outdated 1997 affordability guidance document (see related story) and instead pushes for a more holistic approach to affordability that looks at municipal water infrastructure investments through a broader lens, taking into account all of a community’s financial obligations. 

The NACWA letter also reiterates the Association’s longstanding position for the use of green infrastructure as a solution to municipal wet weather challenges and supports EPA’s inclusion of green techniques in the new enforcement initiative.   Additionally, NACWA encourages EPA to allow green infrastructure to be a larger part of municipal consent decrees for those cities that would like to use it and to provide greater regulatory credit for the use of green infrastructure, further incentivizing communities to take advantage of its full spectrum of environmental, economic, and social benefits. 

The letter requests a meeting with Assistant Administrator Giles and her staff to further discuss the municipal wet weather enforcement initiative and how affordability and green infrastructure will be incorporated.  NACWA will keep the membership updated on developments as they occur.

NACWA Submits Brief Supporting Member Agency in Permit Appeal over WET Limits

NACWA submitted a brief  this week to EPA’s Environmental Appeals Board (EAB) supporting member agency the San Jacinto River Authority (SJRA) in Texas in an appeal of a federalized National Pollutant Discharge Elimination System (NPDES) permit containing whole effluent toxicity (WET) limits which were not required in an earlier state-issued permit.  NACWA’s brief, supported through the Association’s Targeted Action Fund (TAF), states that the EPA takeover of the permit previously issued by the Texas Commission on Environmental Quality (TCEQ) and the inclusion of WET limits is both legally erroneous and inconsistent with the basic structure of the Clean Water Act (CWA), warranting review of the permit by the EAB.

The NACWA brief challenges EPA’s action in the SJRA permit on two main legal points.  First, NACWA contends that EPA illegally changed its position on TCEQ’s wet implementation procedures, at first approving them and then later disapproving them and requiring new WET limits be placed in the SJRA permit, without providing a rationale for the change as required by law.  Second, NACWA argues that EPA improperly federalized the state NPDES permit and substituted its own interpretation of Texas’ approved water quality standards in violation of the CWA.  NACWA further argues that both of these legal errors by EPA are enough for EAB review, and that a review is necessary due to the far-reaching national implications the Agency’s actions could have on other CWA programs around the country.  NACWA also believes this case could impact the nature of the relationship between EPA and the states under the NPDES program.

This case started in 2008 when EPA first federalized SJRA’s permit and included WET limits.  SJRA appealed to the EAB and NACWA was poised to issue a brief in support of its member agency.  However, EPA quickly withdrew the challenged permit, making the appeal moot.  EPA then reissued the permit last year but did not remove the controversial WET limits.  SJRA appealed the permit again and requested NACWA submit a supporting brief.  Additional information on the case is available on NACWA’s Litigation Tracking page.

NACWA Presses for Increased SRF Funding on Capitol Hill

As the fiscal year 2011 appropriations process kicks into gear, NACWA is working to build support for as much funding as possible for the Clean Water and Drinking Water State Revolving Funds.  In support of this effort, this week NACWA contacted members of the Senate urging their support of a “Dear Colleague” letter asking for at least $3.5 billion for the funds — as compared to the Administration’s budget request of approximately $3.3 billion.  Working with the Office of Senator Jack Reed (D-R.I.), NACWA helped develop and circulate a “Dear Colleague” letter urging Senators Dianne Feinstein (D-Calif.) and Lamar Alexander (R-Tenn.), Chairwoman and Ranking Member respectively of the Interior Appropriations Subcommittee, to include at least $3.5 billion for the SRFs given the clean water funding needs that exist throughout the nation.  The letter, which was also supported by Senator Kit Bond (R-Mo.), was circulated in the Senate this week.  NACWA will continue its efforts to build support for short-term SRF funding in the coming weeks as Congress returns from the spring recess while also seeking support for a long-term dedicated trust fund.  Please also continue to contact your Senators to urge them to support the $3.5 billion and contact pat Sinicropi at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any relevant information you may have received from discussions with your Senators.

Register Today for NACWA’s 2010 Policy Forum – Hotel Deadline Extended to March 31st

Time is running out to make your plans and get your special room for NACWA’s 2010 National Environmental Policy Forum, April 18-21 in Washington, D.C.  This year's Policy Forum is an exceptional opportunity to examine first-hand the federal legislative, regulatory, and legal developments that are foremost on the minds of the Nation’s environmental policymakers and experts.  Make sure you reserve your hotel accommodations by the Wednesday, March 31 deadline to ensure your special room rate!  To do so, you must call the L’Enfant Plaza at 202.484.1000 and indicate that you are a registrant for the NACWA Policy Forum.  The special room rate is $249 per night for a single/double.  Additional information on registration for the Policy Forum as well as a detailed agenda on the 2010 National Environmental Policy Forum is available on NACWA's website.

Free Access to WaterISAC Security Resources Available

EPA and the WaterISAC are offering 12 months of free access to WaterISAC Pro for new subscribers.  The WaterISAC was established in 2002 as a nonprofit water-sector organization to support infrastructure protection.  Its online library available to WaterISAC Pro subscribers now contains more than 2,000 white papers, best practices, and research reports, as well as chemical/biological contaminant databases and vulnerability assessment tools.  Free webinars are also periodically available to WaterISAC Pro subscribers on topics such as lessons learned from natural disasters, emergency response planning, and insider threats.  Staff of drinking water and wastewater utilities may take advantage of this offer if their jobs have a connection to water security and/or emergency response.  NACWA encourages all public agency members who are not currently subscribers to WaterISAC to sign up for this free access trial at www.waterisac.org.

Deadline to Apply for NACWA’s Peak Performance Awards Is April 19!

Don’t miss out on your chance to be recognized!  Applications for the 2009 Peak Performance Awards Program are due by Friday, April 9.  This awards program acknowledges member agency facilities for excellence in wastewater treatment as measured by their compliance with their National Pollutant Discharge Elimination System (NPDES) permit requirements.  Member agencies are encouraged to submit their applications as soon as possible.  More information on the 2009 Peak Performance Awards is available on the Awards section of NACWA’s website or in the Member Update sent March 18.  Please contact Mark Hoeke at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any technical questions you may have regarding the application form.  General questions regarding the awards program should be directed to Kelly Brocato at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .