» Clean Water Current Archive

August 27, 2010

NACWA Continues Incinerator-Related Efforts, Comments on Key CAA Rulemaking

NACWA submitted comments this week on EPA's proposed Clean Air Act (CAA) standards for commercial and industrial solid waste incineration (CISWI) units.  The rule is part of a suite of regulations, including the recent definition of non-hazardous solid waste rule and the soon-to-be-proposed maximum achievable control technology (MACT) standards for sewage sludge incinerators (SSIs), that EPA is working to finalize before the end of the year.  EPA’s proposed rule for CISWI units excluded SSIs.  Without this regulatory exclusion, SSIs could have faced conflicting and duplicative standards under the CISWI rules and the new SSI standards currently under development.  As proposed, however, the CISWI exclusion for SSIs does contain some errors that could create even more confusion regarding the proper regulation of SSIs.  NACWA’s comments outlined the changes necessary to correct these errors while strongly supporting EPA’s exclusion of SSIs.  The comments also raised objections to EPA’s development of any standards for SSIs under CAA section 129.  NACWA and its members have been working for months, submitting information to EPA regarding the separate SSI rulemaking, and meeting with key EPA staff to underscore that SSIs are more properly regulated under Section 112 of the CAA – and that the Act itself directs the Agency to regulate SSIs under Section 112.

The proposed MACT standards for SSIs are now at the Office of Management and Budget (OMB) undergoing review.  NACWA plans to meet with OMB during its review to again outline the Association’s concerns with regulating SSIs under Section 129 of the CAA.

WIN, NACWA Continue to Press for Moving SRF Reauthorization, Trust Fund

During the August congressional recess NACWA and the Water Infrastructure Network (WIN) are continuing to push for Senate action on State Revolving Fund (SRF) reauthorization legislation, The Water Infrastructure Financing Act (S.1005), and additional support for the Water Protection and Reinvestment Act (H.R. 3202).  In support of SRF passage, WIN will send a letter to Senate leadership urging them to take up consideration of the bill during a lame duck session in November, given that the bill enjoys broad bipartisan support and would likely pass the Senate by wide margins if given the opportunity for an up-or-down vote.  If the Senate does not take up the SRF bill prior to final adjournment, the legislation will need to be reintroduced next Congress.  In conjunction with urging action on the SRF, NACWA continues to build support for Trust Fund legislation (H.R. 3202) in the House of Representatives.  As follow-up to its successful briefing in July (see 7/30/2010 Current) NACWA held a number of meetings with House staff  that attended the briefing urging co-sponsorship of the bill.  NACWA received a positive response from staff for Reps. Brian Higgins (D-N.Y.) and Debbie Halvorson (D-Ill.), indicating their interest in, and potential co-sponsorship of, the legislation.  The Association encourages its members to make every effort to reach out to their elected officials on these issues, as well as other local and national issues of importance, during the August recess.  Should you have any questions, please contact John Krohn, NACWA’s Manager of Legislative Affairs, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Comments on Proposed NESHAP for Boilers

NACWA submitted comments August 23 on the proposed National Emission Standards for Hazardous Air Pollutants (NESHAP) for industrial, commercial, and institutional boilers at area sources.  The proposed rule was published in a June 4 Federal Register notice and is described in Advocacy Alert 10-15.  Emissions standards are proposed for large boilers, with a heat input capacity greater than 10 million British thermal units per hour (MMBtu/hr), while for small boilers, only work standards are proposed, consisting mainly of tune-ups every two years.  In the comments, NACWA requested clarification on the definition of gaseous fuel boilers, which are exempt from the proposed emissions standards, and asked that the definition “. . .account for boilers that usually operate on biogas, but must also use other fuels on certain occasions.”  This would help utilities that have boilers that typically operate on biogas, but must occasionally use fuel oil, such as for startups or temporary decreases in the supply of biogas.  For small boilers, NACWA agreed with EPA’s proposal of work standards rather than emissions standards, and asked for clarifications on several requirements related to the biennial tune-ups.  In addition, the comments asked that the NESHAP include “. . .an emergency exemption for wastewater treatment facilities to allow for temporary, emergency exceedances of emissions limits without violation.”  NACWA will follow developments in the proposed rule and keep members informed of requirements that may affect boilers at wastewater utilities.

NACWA Requests Deadline Extension for Stormwater ICR Survey

NACWA and a number of other municipal organizations sent a joint letter this week to EPA requesting that the Agency extend the response window from 60 to 90 days for completion of the Information Collection Request (ICR) survey.  Last week the Agency sent the survey to a significant number of municipal stormwater utilities across the nation.  NACWA’s Aug. 27 letter expresses concern that EPA has significantly underestimated the time it will take MS4s to complete the ICR questionnaire.  Given that many municipalities are currently suffering staffing and resource shortages due to economic conditions, the letter requests a minimum of 90 days to complete the ICR and to ensure that all of the surveys are completed as thoroughly and accurately as possible.  NACWA was joined on the letter by the American Public Works Association (APWA), the National Association of Counties (NACo), the National Association of Flood & Stormwater Management Agencies (NAFSMA), and the National League of Cities (NLC), who have formed an ad hoc coalition on stormwater management issues of mutual concern. The letter, which was being finalized at press time, will be posted on the Stormwater Management section of NACWA’s website soon.  NACWA will keep the membership updated on any response to the letter or other developments.

NACWA Award Recipients Garner Significant Local Press Attention

NACWA recipients of the Association’s Peak Performance Awards and National Environmental Achievement Awards have been garnering significant local press attention for their significant accomplishments.   From Honolulu to Greeneville, members are being recognized in the media for the important environmental contributions they are making, with numerous articles in the past two weeks having been posted on the NACWA in the News archive.  NACWA makes every effort to help municipalities receive positive media attention for their accomplishments and encourages members to use the receipt of these awards as a key way of reminding the media of the important work public clean water agencies do every day.

Register Today for a Discussion on the Legal Implications of Green Infrastructure

NACWA’s Flow Series of web seminars concludes with Green Infrastructure: What’s Legal?, from 2:00 – 3:00 pm Eastern on September 8.  The seminar will examine the regulatory and legal issues municipalities should consider when evaluating green infrastructure as a means to control stormwater and wet weather flows – and showcase the real-life experiences of one agency.  Register today for this unique offering at member discount price of only $250 per location.  Your registration includes access to the archived versions of the three previous Flow Series web seminars.