March 2008 Regulatory Update

To: Members & Affiliates; Regulatory Policy Committee
From: National Office
Date: March 11, 2008

The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the March 2008 Regulatory Update. This Update provides a narrative summary of relevant regulatory issues and actions current to March 11, 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.

NACWA, Stakeholders Meet with EPA on Research Plan for Recreational Water Criteria

NACWA met with U.S. Environmental Protection Agency (EPA or Agency) officials and other stakeholders February 20 to discuss the Agency’s planned research for developing new recreational water quality criteria. Driven by recent litigation in Natural Resources Defense Council (NRDC) v. EPA over EPA’s failure to fulfill certain requirements under the Beaches Environmental Assessment and Coastal Health (BEACH) Act, the Critical Path Science Plan outlines the research the Agency believes is necessary to develop new or revised recreational water quality criteria for all waters, including inland rivers, lakes, and streams, even though these waters are not covered by the BEACH Act. NACWA members highlighted the need for transparency throughout the Agency’s planned data collection effort set for 2008-2010, and during the criteria development phase, which is scheduled for 2011 – 2012. This transparency should include providing access to all the raw study results as they become available, not just the aggregate information EPA might release with its analysis of the data. State regulators at the meeting echoed NACWA comments that EPA must begin discussions with stakeholders on the level of protection the Agency hopes to achieve with the new criteria — for example, the level of risk associated with swimming that the Agency is willing to accept.

NACWA will continue to monitor EPA’s efforts to develop new criteria by tracking how it implements its science plan and through its involvement in the BEACH Act litigation. The next step for the litigation is a hearing on the motions for summary judgment scheduled for March 24. More information on NACWA’s involvement in the BEACH Act litigation is available online.

NACWA Comments on NRDC Nutrient Petition, Discusses Next Steps with EPA

NACWA submitted comments to EPA on February 29 on a recent petition for rulemaking that sought to revise the definition of secondary treatment to include nutrient removal. NACWA’s comments expressed concern that the petition overlooked existing water quality-based efforts to control nutrient pollution and the significant contribution of nutrients from nonpoint sources. The petition, filed in November 2007 by the Natural Resources Defense Council (NRDC) and other environmental groups, calls on EPA to publish a report on the state of current technology for secondary treatment and to establish national nutrient limits as part of the secondary treatment regulations. NACWA received a significant number of comments from its members in response to a Legal Alert on the petition and used them as a basis for its response.

NACWA’s comments questioned the legal basis for incorporating nutrient removal into secondary treatment, noted the petition’s failure to address the contributions of non-point sources, and underscored the fact that the costs of implementing technology-based nutrient controls nationwide would outweigh the environmental benefits. NACWA encouraged EPA to continue its support for site-specific water quality-based approaches as a more effective and environmentally beneficial way to reduce nutrients.
NACWA met briefly with EPA officials on February 25, prior to submitting its comments on the petition, to discuss the Agency’s plans for responding to the petition and discuss how NACWA could provide any additional input or assistance. NACWA is working to set up a meeting with EPA and state officials to provide insight on existing implementation of nutrient controls, treatment effectiveness, and cost impacts.

NACWA Helps Respond to News Stories on Biosolids, Compounds in Drinking Water

In the past several days, news articles have appeared in the media that are of significant interest to the clean water community. On Friday, March 7, the Associated Press (AP) ran an article raising concerns about the practice of land applying biosolids. Then on Sunday, March 9, Monday, March 10, and Tuesday March 11, other news items appeared regarding an AP investigation that found traces of pharmaceuticals and other compounds in the drinking water of several major U.S. cities. NACWA has fielded a number of calls from the media on these stories and anticipates that a number of member agencies will also receive inquiries. See NACWA’s Special Edition Clean Water Current for more information on both stories.

Conferences and Meetings

Online Registration Available for National Clean Water Policy Forum

An agenda and registration materials for the 2008 National Clean Water Policy Forum, sponsored by NACWA and the Water Environment Federation (WEF), May 4 – 7, at the Renaissance Mayflower Hotel in Washington, DC, is now available on NACWA’s website. The Forum provides a unique opportunity to hear the latest federal legislative, regulatory, and legal developments straight from those who influence and craft national policy. Planned speakers for the Forum include the leaders and staff from key congressional committees and from EPA. In addition to the program of invited speakers, Forum attendees will have the opportunity to discuss specific clean water issues with staff from EPA and other federal agencies during the Technical Roundtable Breakfast. Be sure to reserve your hotel room by April 14 to guarantee the special conference rate of $285 single/double by contacting the Renaissance Mayflower Hotel directly at 202/347-3000.

Registration Now Available for 2008 CSO Workshop

Registration information for the NACWA/Wet Weather Partnership CSO Workshop, April 17-18, at the Drake Hotel in Chicago, is now available online. 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 . As in past years, we expect that the Workshop and hotel room block will sell out quickly, so register today!

Emerging Contaminants

NACWA Continues National Dialogue on Contaminants from Consumer Products

NACWA began a dialogue with other organizations in May 2007 on the issue of potential contaminants from consumer products. The dialogue participants are concerned about the growing number of consumer products with ingredients or additives that may end up in the sewer system and eventually be released into the environment. These types of products include soaps containing triclosan, washing machines that discharge silver ions, and fabrics impregnated with copper or permethrin. EPA’s September 2007 decision to regulate devices that produce silver ions, such as washing machines, came as a response to letters from NACWA and other groups, and the dialogue effort will allow coordination between NACWA and other groups with similar interests to find ways of preventing potential release of contaminants from other consumer products.

The dialogue is currently expanding to include retail representatives and staff from federal regulatory agencies. A meeting will be held on May 7-8 with all dialogue partners to discuss the current issues with consumer products and to find solutions for keeping potentially harmful products out of the marketplace, encouraging the development and purchase of safer alternatives, and establishing regulations when necessary to keep contaminants out of consumer products and the water environment. Leaders from NACWA’s Water Quality, Pretreatment and Pollution Prevention, and Biosolids Committees and the Emerging Contaminants and Mercury Workgroups are involved with this dialogue, and NACWA will keep members informed about progress made with the dialogue.

Facility and Collection Systems

NACWA and The Conservation Fund Plan Green Infrastructure Course

As part of NACWA’s ongoing efforts to promote the use of green infrastructure by clean water utilities, the Association has signed a Memorandum of Understanding (MOU) with The Conservation Fund, one of the nation’s leading environmental conservation groups, to develop a new green infrastructure training course tailored specifically to NACWA members and the public officials with whom they work. The course will examine how clean water agencies can efficiently and beneficially incorporate green infrastructure into every aspect of publicly owned treatment works (POTWs) and their collection systems, while also educating public officials about the importance of green infrastructure and the potential benefits for a municipality’s utilities, government, and citizens. NACWA and The Conservation Fund plan to assemble a design team, which will include utility representatives from different regions of the country, to develop an innovative curriculum on the implementation of green infrastructure. The team will also look for avenues for POTWs to incorporate strategic conservation, with an emphasis on water resource needs, into daily activities. If you or a member of your agency are interested in being part of this design team, please contact Keith Jones at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Security & Emergency Preparedness

Water Sector Establishes Working Group to Evaluate Vulnerability Assessment Tools

The Water Sector Coordinating Council (WSCC) has created a RAMCAP (Risk Assessment Methodology for Critical Asset Protection) Working Group to address several outstanding issues with the RAMCAP project that was submitted to the WSCC in September 2007. The RAMCAP project, which was sponsored by the Department of Homeland Security (DHS), developed the framework for making three water sector vulnerability assessment tools (VSATTM [the suite of NACWA-developed vulnerability assessment tools], RAM-W, and SEMS) compliant with the DHS RAMCAP methodology to allow for cross-sector analysis of security priorities. The RAMCAP Working Group will assess the status of the VSATTM, RAM-W, and SEMS tools and make recommendations on ways to make the tools fully RAMCAP-compliant. The Working Group is also expected to make recommendations on how the tools and user training may best be provided to utilities of all types and sizes in the water sector and on the level of vulnerability assessment that should be conducted for different types of utilities. The recommendations of the Working Group should be available to the WSCC in the next few months.

Utility Management

EPA Issues Memo on Promoting Energy Efficiency within the Water Sector

EPA Assistant Administrator for Water Benjamin Grumbles issued a memo to the EPA Regional Administrators on February 14, highlighting the importance of the nexus between water infrastructure and energy use. The letter urges the Administrators to assist in encouraging water and wastewater utilities to identify approaches for integrating energy efficient practices into their daily management and long-term planning. The memo lists practices that utilities might adopt, including benchmarking energy use, promoting use of energy efficient products and practices, and evaluating the life cycle energy costs associated with proposed projects so that alternatives can be considered. The memo also lists several EPA initiatives related to energy use within the water sector. A new page on EPA’s website is dedicated to the topic of energy use and how it can “contribute to the long-term sustainability of water infrastructure by reducing operation costs and adding to a utility’s bottom line.” Given the recent focus on climate issues and greenhouse gas emissions, NACWA believes that EPA will continue to ramp up its efforts on energy efficiency within the sector.

EPA Planning Web Training Seminars for Clean Watersheds Needs Survey

Every four years EPA conducts its Clean Watersheds Needs Survey to assess the capital needs associated with meeting the water quality goals set in the Clean Water Act. Though it is limited in its scope in terms of what costs it can include, usually resulting in an underestimation of the total national need, the Survey does provide valuable information to Congress. These data include needs associated with wastewater collection and treatment facilities, stormwater management projects, combined sewer overflows (CSOs) control facilities, nonpoint source (NPS) pollution control projects, and decentralized wastewater management.

Data collection for the 2008 Clean Watersheds Needs Survey (CWNS) is currently underway. States rely on a variety of resources to gather the information to accurately report needs to EPA. Clean water agencies, municipal stormwater programs, and other local officials are typically called upon by state officials for input and for the first time the electronic survey database will be able to accept data directly from these stakeholders. NACWA has been involved since the early planning stages of this year’s survey to ensure the system would be easy to use for non-state users.

EPA is offering three Web Seminars in March aimed at providing local officials the information they need to support their states’ CWNS data entry effort:

Wednesday, March 12 at 10:30 - 12:30 ET
Tuesday, March 18 at 1:00 - 3:00 ET
Monday, March 24 at 2:00 - 4:00 ET

To register:
1. Go to http://hawkeye.epa.gov/imtapp/app/pubschconf.uix
2. Select Filter by “Conference Title”, type in “CWNS”, and select ‘Go’.
3. The list of CWNS Web Seminars should be listed. The Local User seminars are titled “CWNS 2008: Community Stakeholder Training.”
4. Choose your preferred time.

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