The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the April 2008 Regulatory Update.  This Update provides a narrative summary of relevant regulatory issues and actions current to April 9, 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.

Top Stories

EPA Releases Climate Change Strategy, NACWA Continues Advocacy Efforts

EPA’s Office of Water released its draft National Water Program Strategy: Response to Climate Change for public review on March 28.  The draft document represents EPA’s “initial effort to evaluate how best to meet our clean water and safe drinking water goals in the context of a changing climate.”  NACWA has reviewed the Draft Strategy and found that the impacts of climate change on water resources and water programs reflect the discussion at the 2007 Water Sector Forum on Climate Change, co-sponsored by NACWA.  Changes in air and water temperatures, changes in levels, distribution, and intensity of precipitation, sea level rise, and changes in energy generation may all have potential impacts on clean water programs.  In Regulatory Alert 08-02, NACWA provides a detailed summary of the Draft Strategy and seeks member input for the comments that NACWA will submit to EPA by the May 27 deadline.  Members that prepare their own comments are also encouraged to forward their comments to NACWA.

Five major goals for the National Water Program are outlined in the Draft Strategy:  use core water programs to improve mitigation of greenhouse gases, adapt the implementation of core water programs to improve their effectiveness in the context of climate change, strengthen links between EPA water programs and climate change research, educate EPA staff and other stakeholders on climate change impacts on water resources and Agency programs, and establish the management capability within the National Water Program at EPA for sustained engagement of climate change challenges.  For each of these goals, EPA identifies key actions that can be implemented in the next two years.  NACWA’s review of the Draft Strategy found that most of these key actions are simply expanding climate change considerations within current EPA programs, and the Agency does not make any recommendations for substantial program changes to deal with climate change and water issues more holistically.  Despite recognizing that climate change challenges “do not always fit neatly into existing programs,” there is little information in the report regarding new or innovative programs.

NACWA Continues Work on Greenhouse Gas Inventory

On a related note, NACWA submitted public comments on April 7 regarding the newest version of EPA’s Inventory of Greenhouse Gas Emissions and Sinks.  As in last year’s Inventory, the wastewater treatment category is the seventh largest source of methane and the sixth largest source of nitrous oxide.  Some adjustments were made to the estimation methods used for methane since the previous Inventory, which decreased the emission rate of methane for centralized wastewater treatment.  As stated in the comments, NACWA “is still concerned, though, that the methodology used for the emission estimates leads to an overestimation of the wastewater treatment greenhouse gas (GHG) emissions.”  NACWA reiterated its positions on the emissions factors that need to be changed to prevent this overestimation.  In addition, the Association used data, collected as part of a Targeted Action Fund (TAF) project to improve the GHG emissions estimates, to confirm its assertion that the nitrogen (N) loading rate to wastewater treatment facilities used by EPA is too high, leading to overestimation of nitrous oxide emissions.  Data were collected from 48 treatment facilities throughout the U.S., representing a wide variety of service populations, and the average nitrogen loading was found to be 5.51 kg N per person per year, which is consistent with an “industry standard” value of 5.48 kg N per person per year.  Both these values are less than half the value currently used by EPA in the Inventory.

NACWA met this week with EPA to discuss these comments and the Agency’s requirements for changing the estimation methods.  The current nitrous oxide emissions estimates use a methodology established by the Intergovernmental Panel on Climate Change (IPCC), and EPA will need substantial documentation to justify using a different methodology.  EPA expressed their interest in continuing to work with NACWA on revising the emissions estimates and will consider any information the Association can provide.  NACWA will propose funding a new TAF project to build on the nitrogen loading data already collected and provide EPA with more detailed information.

NACWA Scores Legal Victory in Appeals Board Case on Compliance Schedules

EPA’s Environmental Appeals Board (EAB) issued a ruling March 19 supporting an argument contained in a  NACWA amicus brief that discharge permits should include compliance schedules for implementing long-term control plans (LTCPs) for addressing combined sewer overflows (CSOs).  The case involved an appeal by the District of Columbia Water and Sewer Authority (DCWASA), a NACWA member agency, over a permit for its Blue Plains Advanced Wastewater Treatment plant that did not contain a compliance schedule for implementation of DCWASA’s LTCP, nor for implementation of new nitrogen reduction limits.  NACWA and the Wet Weather Partnership (WWP) filed a joint brief supporting DCWASA’s position and discussing the importance of compliance schedules in permits for CSO communities, particularly if the permit contains nutrient reduction requirements.  The EAB decision mirrors NACWA’s position and requires that the permit be reissued with the appropriate compliance schedules.  Additional details regarding the decision are available in Legal Alert 08-02.

In addition to the compliance schedule issue, the press coverage about this decision focused on the expensive nature of nutrient removal, with DCWASA estimating that compliance with the strict nitrogen limits will cost $850 million. NACWA is planning to do more work on nutrient removal issues through Target Action Fund (TAF) projects and advocacy efforts, since these issues will likely be affecting more NACWA members in the near future.

Awards

Deadline to Apply for NACWA’s Peak Performance Awards is April 11

Applications for the 2007 Peak Performance Awards Program are due by Tuesday, April 11.  The awards acknowledge member agency facilities for excellence in wastewater treatment as measured by 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 2007 Peak Performance Awards is available on the Awards section of NACWA’s website or in the Special Member Alert sent March 12.  Please contact Mark Hoeke at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 202/361-7446 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 or 202/833-1449.

EPA Now Accepting Applications for Clean Water Recognition Awards

On March 27 EPA released the application and nomination information for its 2008 Clean Water Act Recognition Awards.  The awards, presented during WEFTEC each year, recognize municipalities for their creativity and technological and environmental achievements in five award categories:

• Outstanding operations and maintenance practices at wastewater treatment facilities;
• Exemplary biosolids management projects, technology/innovation or development activities, research and public acceptance efforts;
• Pretreatment program excellence;
• Stormwater management program excellence; and
• Outstanding combined sewer overflow control programs.

Nominations/applications are due to EPA by May 30, 2008.  Additional details are contained in the Federal Register notice announcing the awards and on EPA’s website.  For more information contact Matthew Richardson in EPA’s Office of Wastewater Management at 202/564-2947.

Biosolids

NACWA Urges U.S. Department of Agriculture to Appeal Biosolids Case

NACWA is urging the U.S. Department of Agriculture (USDA) to appeal a recent court decision that could have broad implications for biosolids land application.  In a March 19 letter to the USDA’s Farm Service Agency Administrator, NACWA cited recent press coverage that used statements from the court’s decision to undermine land application as evidence that an appeal was needed.  At issue is a recent decision by the U.S. District Court for the Southern District of Georgia in the matter of McElmurray v. U.S. Department of Agriculture regarding claims that biosolids land application resulted in contaminated pastureland.  Though there was no evidence that the biosolids had contaminated the pastureland or resulted in any illness in the cattle grazing on the land, the District Court decision makes several statements that cast doubt on the protectiveness of land application.  In response to NACWA’s letter, USDA has indicated that it will evaluate the impact this case may have on the beneficial reuse of biosolids as it considers whether to appeal.  NACWA sent a similar letter to EPA encouraging them to work with their USDA colleagues on an appeal that could correct the misimpressions the District Court’s decision may have left regarding the effectiveness of EPA’s Part 503 regulations and the safety of biosolids.  NACWA will be closely tracking this case to determine if additional involvement by the Association is necessary.

Conferences and Meetings

April 16 Hotel Deadline for NACWA/WEF Policy Forum Nears – Reserve Today!

The April 16 hotel deadline for the NACWA/Water Environment Federation (WEF) National Clean Water Policy Forum, May 4-7, 2008, is rapidly approaching.  Since this is an extremely busy season for hotels in Washington, D.C., we encourage you to reserve your hotel room as soon as possible.  To do so, please contact the Renaissance Mayflower Hotel at 202/347-3000 to guarantee the special conference rate of $285 single/double occupancy.

The Policy Forum will feature key policymakers who will discuss their clean water priorities, which will have broad impacts on the clean water community.  Those invited to speak include Sen. Barbara Boxer (D-Calif.), chair of the Senate Environment & Public Works Committee; Rep. Eddie Bernice Johnson (D-Texas), chair of the Transportation & Infrastructure Subcommittee on Water Resources and Environment; Earl Blumenauer (D-Ore.), of the House Ways and Means Committee; and Ben Grumbles, EPA assistant administrator for water, among many other notable speakers and guests.  Key EPA staff will be speaking during panel and roundtable discussions throughout the meeting, and the Technical Roundtable Breakfast will allow Forum attendees to have one-on-one discussions with EPA staff on critical topics.  An updated agenda and registration material for the 2008 National Clean Water Policy Forum are available on NACWA’s website.

Registration Now Available for NACWA’s Summer Conference, Annual Meeting in Alaska

Registration is now available for NACWA’s 2008 Summer Conference, The Future of Clean Water is Now!  How Next Generation Issues Are Impacting Utilities Today, & 38th Annual Meeting.  Join your colleagues in Anchorage, Alaska, July 15-18, for this very timely conference that will explore the next generation of clean water challenges and how to address them.  With 35 years of Clean Water Act (CWA) regulation in place, municipalities now must consider their current challenges in the context of new and more global issues, many of which are simply beyond what the CWA’s architects envisioned.  NACWA’s Summer Conference will explore how these ‘next-gen’ challenges will affect current efforts and highlight a new framework that one day may replace the CWA.  Make your plans today!  Call the Hilton Anchorage at 907/272-7411 to guarantee the special conference rate of $210 single/double.

Still Time to Register for 2008 CSO Workshop

Space is still available for the NACWA/Wet Weather Partnership CSO Workshop, April 17-18, at the Drake Hotel in Chicago.  Registration information is available online.  The conference block of rooms at the Drake is sold out but rooms may still be available at a non-conference rate.  This meeting is specifically designed to help combined sewer overflow (CSO) communities address their wet weather issues and provide important information on enforcement and compliance trends.  This year’s Workshop, with a theme of Water Quality Compliance Strategies and Key Long-Term Control Plan Developments for CSO Communities, will address topics such as long-term control plan (LTCP) implementation, financial capability and affordability, trends in CSO-related consent decrees, national municipal stormwater developments, and how to incorporate green infrastructure strategies into LTCPs.  Questions about the Workshop can be directed to Meghan Morel at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Facility and Collection Systems

EPA Releases Report on Wastewater Collection and Wet Weather Treatment Technologies

EPA last month released the third in a series of reports on municipal wastewater collection and treatment technologies.  Emerging Technologies Report on Wastewater Treatment provides clean water agencies with the information on emerging wastewater treatment and in-plant wet weather management technology options.  EPA describes the report as providing cost effective, innovative and ‘embryonic’ technologies as well as established technologies with innovative applications for treatment and wet weather flow management.  Technical and cost data for more than 60 innovative technologies and more than 25 embryonic technologies are provided.  The technologies featured in the report are intended to provide more efficient or advanced wastewater treatment or better management of wet weather flows at the treatment plant.  The new report is available on EPA’s municipal technologies website under the Publications heading.  The previous two reports, Emerging Technologies for Biosolids Management and Emerging Technologies for Conveyance Systems: New Installations and Rehabilitation Methods, are also available on the website.

Pretreatment and Pollution Prevention

NACWA Seeks Clarification on Use of 50 POTW Study

NACWA sent a letter to the Engineering and Analysis Division of the EPA Office of Water requesting clarification on the appropriate use of the 1982 Fate of Priority Pollutants in Publicly Owned Treatment Works (POTW), commonly known as the “50 POTW Study.”   Some states still mandate that POTWs use data from the 50 POTW Study when calculating maximum allowable headworks loadings (MAHLs), despite the fact that the Study is now more than 25 years old.  As stated in NACWA’s March 31 letter to EPA, “treatment technologies at most POTWs have vastly improved since the Study was completed, and pretreatment programs have significantly reduced concentrations of pollutants, which impact treatment plant removal efficiency values.”  Local limits resulting from use of the 50 POTW Study data are therefore often too stringent.

Through a Targeted Action Fund (TAF) project, NACWA prepared a draft clarification memo that EPA can issue to the Agency’sRegional Water Division Directors, outlining the hierarchy of data that should be used in calculating allowable MAHLs.  In this proposed hierarchy, site-specific data where more than 50 percent of the data are above the minimum level of quantification (ML) are the most applicable data.  When more than 50 percent of the data are below the ML, these data can be used alone if they provide a reasonable removal rate.  If additional data are needed, or if no site-specific data are available, removal efficiencies from similar POTWs should preferably be used, followed by data published by professional journals or EPA.  The 50 POTW Study data should only be used when no other more current, applicable data is available.

NACWA hopes to meet with EPA next month about this request for a clarification memo, and will notify members of EPA’s response.

Water Quality

NACWA to Meet with EPA, States on Nutrient Issues; Seeks Member Input

NACWA will meet with EPA and representatives from the Association of State and Interstate Water Pollution Control Administrators (ASIWPCA) April 15 to discuss several nutrient issues, including the capabilities of current removal technologies.  Nutrient issues have received increased attention in recent months after the Natural Resources Defense Council (NRDC) filed a petition seeking to change the definition of secondary treatment to include nutrient removal, and ASIWPCA sent a letter suggesting that a technology-based approach may be the best way to address nutrient pollution.  While ASIWPCA has since clarified that it is not advocating national technology-based standards for nutrients, state regulators are nevertheless facing serious obstacles in their efforts to develop meaningful nutrient criteria.

States are expressing concerns that they are not able to correlate their data on nutrients in streams with actual water quality impacts, calling into question the validity of setting numeric limits for nutrients.  This frustration in the criteria development process has sparked interest in exploring a technology-based approach, at least as a stop-gap measure while states continue work on numeric nutrient criteria.  While appealing to some in the short-term, a technology driven approach, as NACWA outlined in its comments to EPA on the NRDC petition, would severely limit the effectiveness of any future water quality-based efforts.  Additionally, NACWA’s comments expressed serious concern about the cost-effectiveness of mandating billions of dollars of upgrades to reduce nutrient discharges from point sources while the issue of nutrient loadings from non-point sources goes largely unaddressed.

NACWA hopes that the meeting with EPA and ASIWPCA will open a productive dialogue on the issue, including the capabilities of current removal technologies, the difficulties in developing meaningful numeric water quality criteria, and opportunities for addressing nonpoint contributions as the major source of nutrient pollution.  NACWA is interested in hearing from its members on efforts in their states to address nutrients.  In particular, NACWA would like to learn if other states are considering technology-based approaches in lieu of or in addition to ongoing attempts to develop numeric water quality criteria for nutrients.  If you have information on efforts in your state, please contact Chris Hornback at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Asks Court for Ample Stakeholder Input During BEACH Act Hearing

During arguments March 24 before the U.S. District Court for the Central District of California, NACWA asked that EPA be directed to allow broad stakeholder input and ample opportunities to review data that will serve as the basis for new recreational water quality criteria (Natural Resources Defense Council (NRDC) v. EPA).  NRDC sued the agency in August 2006 for missing the deadline to develop the new criteria, established in the Beaches Environmental Assessment and Coastal Health (BEACH) Act of 2000.  NACWA intervened in the case to ensure that the interests of the clean water community are represented and that any new criteria are based on valid science.

The March 24 hearing addressed cross motions for summary judgment filed by the parties that presented different arguments for how the court should order EPA to comply with the BEACH Act.  NACWA filed its Motion for Summary Judgment on October 2007 and stated at the hearing that the court should require that both the studies and the criteria be developed “after consultation and in cooperation with” local health officials and other interested parties, including NACWA members who have responsibility for implementing the criteria in their own jurisdictions.  NACWA stressed the importance of stakeholder input in the development process, including the opportunity to review the scientific data used by EPA to develop the criteria and to propose additional studies if necessary.  NACWA will continue to track any developments in the case and report on the court’s ruling when it is released.  Additional information on this case can be found in the Litigation Tracking section of the NACWA Member Pipeline.