» Clean Water Current Archive

May 28, 2010

EPA Announces Consideration of an SSO Rule, NACWA Workgroup Continues Efforts

EPA announced Thursday in a press release and pre-publication version of a Federal Register notice that the Agency is considering “whether to propose to modify the National Pollutant Discharge Elimination System (NPDES) regulations as they apply to municipal sanitary sewer collection systems and sanitary sewer overflows [SSOs].”  EPA will consider whether to develop broad-based SSO regulations under the NPDES program, whether to require satellite collection systems to obtain a permit, and whether to adopt the December 2005 draft Peak Flows policy or a revised policy, and/or to address peak flows as part of a holistic and integrated SSO rulemaking.  NACWA is currently reviewing the notice and will issue a more detailed analysis via an Advocacy Alert next week.

NACWA is also considering how this announcement affects the Association’s ongoing efforts to lay the groundwork for a petition to EPA requesting development of an SSO policy, as well as the Association’s positions on SSOs and blending.  On a related note, a workgroup of NACWA members including leaders from key NACWA standing committees met this week in Washington, D.C., to review an initial draft of a proposed SSO petition.  At the center of the workgroup’s strategic discussion was the then-anticipated release of the EPA announcement to work toward an SSO policy — discussed above.  With this Federal Register notice now in place, the workgroup will be holding discussions on whether such a petition is necessary and how to potentially adapt the draft petition into more of a white paper or position statement on the direction NACWA would like EPA to take as it crafts an SSO policy.

After the workgroup’s draft document is revised pursuant to suggestions made at this week’s meeting, the next step will be to circulate the draft petition to a larger review group of NACWA members and affiliates for additional input with the ultimate goal of Board approval.  The timing for this effort is to have a final document ready for Board consideration and approval at the NACWA Summer Conference in July.  We will continue to keep the membership updated on the progress of these efforts.

NRDC Reaffirms Desire to Modify Secondary Treatment, EPA Considers Options

NACWA is preparing a letter to Assistant Administrator for Water Pete Silva in response to an April 21, 2010, letter from the Natural Resources Defense Council (NRDC), and several other environmental groups, that urges EPA to grant the November 2007 petition filed by the same groups seeking to modify the definition of secondary treatment to include removal for nutrients.  Citing the continued lack of progress at the state level toward developing numeric water quality criteria for nutrients, the environmental groups state that EPA has “both the authority and the duty to update its secondary treatment standards” and that “[e]conomically and technically feasible technologies to remove nutrients are now widely available.”  The letter includes direct responses to several points NACWA has raised in the past in its February 29, 2008 and September 24, 2009 , letters to the Agency on the original petition.

The timing of the letter is critical as NACWA has learned that EPA staff are now briefing senior management on the Agency’s options for addressing the petition.  NACWA’s letter will respond unequivocally to characterizations of NACWA’s positions on the nutrient issues, underscoring that the clean water community has contributed tremendously, and will continue to contribute its fair share to the solution.  The letter will highlight NACWA’s work to develop new approaches to nutrient control including the Association’s upcoming Nutrient Summit to be scheduled later this summer.

NACWA Delivers Letter to Senator Cardin on Chesapeake Bay Legislation

NACWA’s Board this week approved a letter that Association staff delivered in-person to Senator Ben Cardin’s (D-Md.) office yesterday outlining the Association’s position on S. 1816, the Chesapeake Clean Water and Ecosystem Restoration Act.  The letter reflects the consensus position of NACWA’s Bay area members and Board of Directors on the significance of the legislation and the beneficial impact it would have on NACWA’s efforts to move the nation toward a viable watershed approach.  The letter commends Sen. Cardin for moving forcefully toward restoring the Chesapeake Bay and providing Bay States with powerful new tools to control pollution from nonpoint sources.  It applauds the Senator for recognizing the important contributions that public clean water agencies have made, and continue to make, to Bay clean-up efforts but cautions that municipalities are likely to face increased cost pressures from stormwater control and mitigation requirements.  The letter commits NACWA to continuing to work closely with the Senator to ensure that stormwater mitigation measures remain affordable.   The Association will continue to keep members informed of the progress of S. 1816 and related legislative efforts in the U.S. House of Representatives.

Key Groups Meet to Discuss Sewage Sludge Incineration Rules with EPA

NACWA participated this week in a meeting between EPA and representatives of the major state and local government associations including the U.S. Conference of Mayors, the National League of Cities, the National Association of Counties, the Environmental Council of States, and the National Governor’s Association to discuss the upcoming Clean Air Act proposal that will impose maximum achievable control technology (MACT) standards on sewage sludge incinerators (SSIs).  The Federalism Consultation meeting, required for any EPA rules that may impose costs over $25 million, provides the groups a formal opportunity to raise any concerns with EPA during the rulemaking process.  Given NACWA’s expertise and involvement in the issue, the Association was invited to participate.  During the meeting, staff from EPA’s Office of Air Quality Planning and Standards briefed the groups on its efforts to develop the SSI MACT standards and outlined the Agency’s estimates of cost to the clean water community and predicted environmental benefits of the new standards.  Much of EPA’s cost estimate focuses on whether clean water agencies currently incinerating will switch to landfilling in lieu of upgrading their incinerators.  Based on the presentation during the meeting, NACWA believes that EPA has underestimated the cost of lanfilling sewage sludge.  NACWA will comment on EPA’s range of cost impacts once the standards are proposed to ensure that the full cost of switching away from incineration is considered.  Several of the state and local government representatives at the meeting also expressed concern about the increased demand for landfill space and the ancillary impacts associated with transporting sewage sludge for landfilling, noting that EPA must factor in these impacts as well.

One positive development from the meeting was that it now appears that EPA will propose separate standards for the two major types of SSIs, which would significantly reduce the impact of the new rule.  NACWA has worked tirelessly over the past year to provide EPA with information demonstrating that this sub-categorization was necessary.  EPA had hoped to get the proposal to the Office of Management and Budget for review by the end of May, but that date has been pushed back to mid- June.  EPA is still hoping to have the standards proposed by the end of June or early July in order to provide sufficient time for public comment and EPA consideration of those comments before having to finalize the standards by December 16, 2010, the court-ordered deadline for signing the final rule.

House, Senate Make Progress on Key SRF Bills

This week the House Energy and Commerce Committee approved the Assistance, Quality and Affordability Act of 2010 (H.R. 5320) by an overwhelming bipartisan vote of 45-1.  This bill would provide $4.8 billion for the Drinking Water State Revolving Fund (DWSRF) over 3 years.  The bill also seeks to reduce lead content in drinking water systems and expand the Endocrine Disrupting Substance Screening Program.  The swift introduction and approval may indicate the Senate is preparing to consider the long-stalled Water Infrastructure Financing Act (S. 1005) after a bipartisan agreement was reached regarding the application of Davis-Bacon prevailing wage provisions by the leadership of the Senate Environment and Public Works Committee.  This agreement is currently being shopped to the Republican leadership of the full Senate in an effort to bring S. 1005 to the Senate floor.  NACWA will keep its members informed on any developments as they occur.

Peter Gleick to Keynote Summer Conference

Dr. Peter H. Gleick, co-founder and president of the Pacific Institute for Studies in Development, Environment, and Security in Oakland, California is slated to keynote NACWA’s 2010 Summer Conference, Sustainable Resource Management – Lessons from Clean Water’s Past & Present, July 20 - 23, 2010 at the Fairmont San Francisco.   His address will reflect on the past 40 years of implementing the Clean Water Act and how lessons learned over these decades have helped to articulate a vision for clean water in the 21st Century and beyond.  Dr. Gleick’s research and writings address the critical connections between water and human health, the hydrologic impacts of climate change, sustainable water use, privatization and globalization, and international conflicts over water resources.  For a detailed narrative agenda and registration information, please visit NACWA’s website at www.nacwa.org.