» Clean Water Current Archive

October 22, 2010

Chesapeake Bay Members Exchange Concerns with EPA’s Proposed TMDL

NACWA held a conference call this week with its members that discharge into the Chesapeake Bay watershed to discuss EPA’s draft total maximum dail load (TMDL) for the Bay.  Because this TMDL may serve as a model for the rest of the country, NACWA plans to submit comments that focus on the national implications of the proposal while reflecting the concerns of Association members that will be affected by the TMDL.  During the conference call, members expressed their concerns with the science behind the modeling used to develop the TMDL, which may make it impossible for municipalities to achieve their allocations.  The provisions for “reasonable assurance” that states will meet goals for pollution reduction from nonpoint sources are also a concern, since “reasonable assurance” is not clearly defined and Bay-area members anticipate that EPA will ratchet down on point sources if the Agency feels this assurance has not been met.  The members are also concerned about the aggressive schedules for implementation; the absence of funding to carry out the program; and, the overall regulatory instability of the program – where expensive initial upgrades may prove insufficient if more stringent requirements are imposed later in the process. Comments on the draft TMDL are due on November 8.  NACWA urges members to submit any input to Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for inclusion in the Association’s comments.

NACWA Meets with EPA on Unused Pharmaceutical Practices

NACWA met with EPA’s Office of Science & Technology to discuss the Agency’s draft Best Management Practices for Unused Pharmaceuticals at Health Care Facilities.  NACWA supported development of the best management practices (BMPs) in its comments on the Preliminary 2010 Effluent Guidelines Program Plan.  In 2006, EPA initiated a detailed study of the health services industry for its Effluent Guidelines Program, focusing on the disposal of unused pharmaceuticals.  After initial data collection from hospitals, long-term care facilities, and other stakeholders, EPA decided to move forward with BMP development rather than further study.  The BMPs describe methods that health care facilities can use to reduce the amount of pharmaceutical waste and the appropriate methods of disposal for various types of drugs.

At the meeting this week NACWA recommended that EPA revise the wording of the BMPs to more explicitly state that down-the-drain disposal is not appropriate.  NACWA and EPA also discussed how the BMPs will be communicated to health care facilities and the possible role of publicly owned treatment works (POTWs) in publicizing the BMPs.  The Association will submit written comments by the Agency’s November 8 deadline.  NACWA’s Pretreatment & Pollution Prevention Committee has reviewed the BMPs, and encourages Association members to send any comments to Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  POTWs are also encouraged to send their comments independent of the Association and include any experiences they have had working with health care facilities to institute appropriate unused pharmaceutical disposal practices.

Save the Date for NACWA’s March 1-2 Money Matters Summit & Fly-In in Washington, DC

With a new Congress entering office, the first months of 2011 will provide a unique opportunity to help convey the clean water community’s top national priorities.  NACWA is seizing this opportunity by hosting a Summit & Fly-In on March 1-2 focused on its Money Matters agenda.  The meeting will feature municipal case studies and information exchanges on the very real affordability concerns NACWA member agencies are experiencing as well as face-to-face discussions with top national policymakers from EPA and Congress.  It will also provide a window of time for all participants to meet with their Congressional delegations and a session in the morning on the second day to discuss the reactions of the Members of Congress to the Money Matters message.  This registration-free day-and-a-half session is expected to end before noon on March 2.

As NACWA members face the daunting challenges of updating their aging infrastructure, dealing with wet weather consent decrees, nutrient limits, stormwater management responsibilities, sanitary sewer overflow control, sewage sludge incineration— not to mention climate change and emerging contaminants on the horizon — there is a pressing need now for EPA to clarify its often competing regulatory priorities.  The Money Matters campaign is focused in the near-term on seeking a commitment from EPA to update its outdated approach to making affordability determinations — an outcome that would demand a review of the regulatory landscape and clarity on how much money must be spent; how quickly this money must be spent; and on what this money should spent on first.  NACWA is engaging Congress on this issue to guarantee that EPA must fully address this issue.  NACWA urges its members to review the materials available on its Money Matters website to obtain a detailed understanding of the importance and timeliness of this effort.

Again, there is no registration fee associated with the March 1-2 Summit & Fly-In thanks to the generous voluntary contributions being made by NACWA members to the Money Matters campaign.   Please save the date now and plan to join us in D.C. on March 1-2!  Additional registration and agenda information will be made available soon.

NACWA’s PR Committee to Discuss Next Steps for Money Matters Campaign — Members Urged to Participate

The Association’s Communications & Public Relations (PR) Committee Chair, Jamie Samons, of the Narragansett Bay Commission in Providence, R.I., and Vice Chair, Lance LeComb, of the Metropolitan St. Louis Sewer District, are holding a PR Committee conference call on Monday, November 8 at 3:00 pm Eastern.  The purpose of this call is to update the PR Committee and other interested NACWA members on the Association’s Money Matters — Smarter Investment to Advance Clean Water campaign and to discuss strategic next steps .  In addition, several key NACWA members will present their utility case studies to paint a local picture of the financial reality of Clean Water Act enforcement and regulation.  The following members will be presenting on the conference call: Mike McGlinchy with the City of Akron Public Utilities Bureau in Ohio; Mike Apgar with Sanitation District No. 1 of Kentucky; and Lisa Mowrey with the City of Los Angeles Bureau of Sanitation in California.

As the Money Matters campaign gains momentum, NACWA is urging its member agencies who are not already involved to designate communications staff or the appropriate person to join the PR Committee.  To become a member of the PR Committee and/or to take part in the conference call on November 8, please contact Thea Graybill at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  For more information on the Association’s Money Matters campaign and to view the recently posted two-page leave-behind and flyer, please visit NACWA’s website.

NACWA Takes Lead in Organizing Water Quality Push in Upcoming Farm Bill

NACWA is ramping up efforts in advance of next year’s Farm Bill negotiations in order to ensure that agricultural interests carry their weight in helping to improve the Nation’s water quality.  The Association has initiated a coalition effort aimed at securing provisions in the 2012 Farm Bill that will improve national water quality and target funding to water resources that are deemed impaired due to agricultural inputs.  NACWA recently convened the coalition – which is comprised of stakeholders representing municipal wastewater and drinking water interests, as well as environmental organizations – with additional meetings expected to be held throughout the remainder of this year and 2011.  The Association also participated this week in a meeting of a separate coalition of conservation groups focused on improving the Farm Bill’s conservation title by increasing the health of the nation’s land-based and aquatic ecosystems.  Additionally, NACWA continues to meet with key members of Congress to discuss a plausible approach to addressing water quality concerns in the upcoming Farm Bill negotiations, including meeting this week with the office of Senator Debbie Stabenow (D-Mich.) to discuss, among many other approaches, the idea of targeting conservation payments provided by the Farm Bill toward impaired watersheds.  For any questions on NACWA’s Farm Bill efforts please don’t hesitate to contact John Krohn at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Oct. 25 Hotel Registration Deadline Approaching – Plan Now to Attend NACWA’s Law Seminar

The registration deadline to receive the discounted hotel rate for NACWA’s 2010 Developments in Clean Water Law Seminar is only three days away, so hurry and make your plans now to join us in Santa Fe for this exciting conference.   With the water sector facing one of the most complex legal and regulatory climates in recent memory, NACWA's Law Seminar will provide both lawyers and utility managers with critical insights on today's most important clean water issues.  Topics to be addressed during the Seminar include consent decrees and affordability, stormwater and sanitary sewer collection system issues, the impact of shifting regulatory interpretations by EPA, a review of the most important clean water legal cases of the past year, and an overview of current enforcement trends.

Continuing Legal Education (CLE) credits will be available, and a number of states have already granted CLE approval including California, New York, Colorado, Missouri, Florida, Texas, and Kentucky.  A complete list of CLE approvals is available on NACWA’s website, along with a copy of the Seminar agenda and hotel information.  Time is short, so reserve your hotel room today by contacting the Inn at Loretto at 866.582.1646, and be sure to identify yourself as a NACWA Law Seminar attendee.  The hotel reservation deadline is Monday, October 25, 2010.  To ensure inclusion on the Law Seminar participants' list, NACWA must receive your registration by Friday, October 29, 2010.  We look forward to seeing you in Santa Fe!