» Clean Water Current Archive

June 13, 2014

Obama Signs Water Resources Bill into Law, Includes Overhaul of the CWSRF Program

President Obama signed the bipartisan Water Resources Reform and Development Act (WRRDA) into law this week.  The $12.3 billion package reauthorizes flood control projects around the country and includes a major overhaul to the Clean Water State Revolving Fund (CWSRF) program.  NACWA has been urging Congress and the Administration to demonstrate their commitment to the CWSRF as a core investment tool for municipal wastewater agencies, and the changes in the WRRDA bill reflect this work.  Specifically, WRRDA will 1) extend the CWSRF loan repayment periods to up to 30 years; 2) codify additional subsidization provisions enabling economically distressed communities to receive more affordable financing; 3) incentivize investments in energy efficiency, water efficiency and reuse, as well as sustainable infrastructure practices – in line with the Water Resources Utility of the Future campaign; 4) incentivize partnerships between municipal wastewater utilities and upstream property owners to collaboratively tackle non-point source pollution and improve water quality, and 5) incentivize wastewater utilities to undertake practices to ensure increased resiliency against man-made and/or natural disasters.  These new provisions offer significant benefits to NACWA Member Agencies – and the Association will provide updates on their implementation.

Comment Period Extended for Waters of the U.S. Rule, NACWA Releases Fact Sheet

The EPA and the U.S. Army Corps of Engineers recently released a draft Waters of the U.S. (WOTUS) rule which addresses the jurisdictional reach of the Clean Water Act. The rule’s 90-day public comment period deadline was originally set for July 21, but the agencies responded this week to requests by multiple interest groups by extending the deadline to October 20, 2014. NACWA is preparing formal comments on the draft rule and has developed a WOTUS Fact Sheet  that provides a summary of the key elements of the proposal for the municipal clean water community. The Fact Sheet can also serve as talking points for utilities in discussions with their elected/appointed officials and the media on this issue – and will help inform those Member Agencies developing their own comments on the rule.

On a related note, the House Transportation & Infrastructure Subcommittee on Water Resources and the Environment held a hearing this week to examine the potential impacts of the WOTUS proposal. Among those testifying were Bob Perciasepe, EPA’s Deputy Administrator and Jo-Ellen Darcy, Assistant Secretary of the Army for Civil Works. The hearing focused on whether ponds, ditches, and other wet areas would be subject to CWA jurisdiction if this draft rule was to be implemented. Although Perciasepe and Darcy assured members that the proposed rule was intended only to add greater clarification to the existing rule and that no new waters would be regulated, many members of the Subcommittee remained skeptical of this assertion. It’s clear – based upon Committee members’ impassioned reactions and preliminary comments from interest groups – that this rule will remain controversial and in the spotlight for some time. NACWA will be closely monitoring developments on the WOTUS proposal, and urges members to keep in touch with NACWA staff should this issue raises any concerns for their agency.

Key Groups, EPA Make Progress on Revised Green Infrastructure Statement of Intent

NACWA continues its work with the Natural Resources Defense Council (NRDC) and EPA on the development of a new draft national green infrastructure (GI) partnership document building on the 2007 GI Statement of Intent .  The Association is working hard to ensure that the document underscores the goal of sustainable infrastructure – and balances gray and green approaches.  The draft document emphasizes resiliency and re-emphasizes the national organizations’ support for effective GI implementation.  The original group of GI partner organizations: NACWA, EPA, NRDC, American Rivers, the Low Impact Development Center (LIDC), the Association of Clean Water Administrators (ACWA), the U.S. Water Alliance, and the Water Environment Federation (WEF), also contributed to the new draft and have set forth GI goals specific to their organizations’ missions. EPA is working to secure additional federal agency signatories, with the goal of releasing a final statement document by the end of the summer.  NACWA will keep members apprised of progress on this front and will share a draft of the document as soon as one is available.

NACWA Seeks Clarification on EPA Draft Selenium Criteria, Supports Overall Approach

NACWA provided comments  this week on EPA’s peer review draft of its revised selenium water quality criterion. The Association has been tracking EPA’s efforts on selenium since 2004 when the Agency first proposed to revise the existing criterion in favor of a fish-tissue based value. EPA did not finalize the 2004 draft, choosing instead to continue study of the issue and collect additional data. NACWA’s previous comments suggested the need for more data and a move away from a whole-body tissue level to one focused on reproductive effects. The 2014 Draft Criteria Document , consistent with NACWA’s comments, is based on significantly more data than the 2004 draft, and now appropriately focuses on reproductive effects, with criteria values provided for selenium in fish eggs or ovaries.

The Draft Criteria Document also clearly states that fish tissue data should take precedence over water column data in assessing whether the criteria are met when both types of data are available. While NACWA supports the general approach taken in the revision, the Association comments also outline a number of concerns. NACWA echoed concerns of its members in Colorado, where there are naturally high background levels of selenium, and cited a technical report that was prepared on behalf of the Colorado Wastewater Utility Council. The Draft Criteria Document will undergo peer review after which EPA will make any needed revisions before releasing the final draft for another round of public comment.

Senator Cardin Introduces Stormwater Legislation as Highway Bill Negotiations Loom

Senator Ben Cardin (D-MD), Chair of the Senate Environment & Public Works Subcommittee on Water & Wildlife, introduced legislation yesterday to establish highway stormwater management programs to better control polluted runoff generated from federal aid highways.  S. 2457 , The Highway Runoff Management Act, would require states to analyze the hydrological impact that federal aid highways have on water resources, and look at development approaches to reduce the destructive effects of heavy stormwater flows.  This bill was introduced in the midst of debate over reauthorizing the current highway bill, The Moving Ahead for Progress in the 21st Century Act, which is set to expire on October 1, 2014.   While Senator Cardin was unsuccessful at including S. 2457 as an amendment to the highway bill, he has helped spotlight the importance of improved stormwater management in federal highway projects.  The transportation bill offers clean water utilities another good opportunity, as in the Farm Bill and Water Resources Reform & Development Act (see preceding article), to not only raise awareness of the impacts from other infrastructure sectors on the nation’s water quality but to make lasting legislative improvements toward more sustainable practices across sectors.

NACWA Urges Congress to Support the RCPP

NACWA signed a letter  with other water and conservation groups to the House and Senate Appropriations Committees this week urging Committee members to reject cuts to the U.S. Department of Agriculture’s (USDA) conservation assistance programs when the agricultural appropriations bills come up for full chamber votes. The Regional Conservation Partnership Program (RCPP), which encourages partnerships between agricultural producers and municipal entities to help farmers tackle various conservation and environmental issues on a regional scale, was authorized in the 2014 Farm Bill for five years and provides financial and technical assistance to conservation efforts through USDA’s Environmental Quality Incentives Program, Conservation Security Program, Agricultural Conservation Easement Program, and Healthy Forests Reserve Program.  While $400 million will be available in the first full year to support this work, funding levels for future years will be subject to the Congressional appropriations process.  Over the last several weeks, the Senate and House passed out of committee their FY 2015 agricultural appropriations bills both of which included deep cuts to these vital programs.  NACWA will continue to advocate for maintaining funding for these programs to ensure that new enrollments do not decline and that the RCPP has an opportunity to succeed.  The Association continues to provide updates on the RCPP and agricultural conservation funding as they become available.

NACWA Speaks to Council of Governments Board on Need for Collaboration

NACWA provided a presentation this week on water infrastructure challenges to the DC-area Council of Governments (COG) Board, which is made up of high-level elected and appointed municipal officials from DC, Virginia and Maryland.  The Association was asked to put the region’s wastewater and stormwater treatment challenges in a national context and advance potential collaborative efforts to inform the COG’s cross-sector infrastructure planning process.  In its remarks, NACWA focused on the opportunities provided by integrated planning/regulatory prioritization, the need to work cooperatively to tell the Water Resources Utility of the Future story, and the opportunity to join forces for Water Week 2015.  The Association will continue to work closely with the COG and its national equivalent – the National Association of Regional Councils — to ensure water infrastructure is a top priority in regional planning.

A Cup of Coffee for your Thoughts – Complete the NACWA Member Survey

Before you pack up for the summer season, we want to hear from you! NACWA is coordinating with an independent market research firm, Avenue M Group, LLC, to conduct an important study to better understand and address your needs and interests, as well as the complex challenges facing your utility/organization. Your participation is critical to the project’s success as we strive to enhance NACWA’s representation of the clean water community.

If you haven’t already completed the survey, please click on the link in the email from ‘Avenue M on behalf of NACWA’ and provide your input no later than 12:00 PM PST on June 18, 2014. The survey will NOT be accessible after that time, so please respond promptly. The survey should take no longer than 15 minutes to complete, and individual survey results will be kept strictly confidential. We look forward to your participation and as a thank you, we’ve included a $5 voucher for Starbucks or Dunkin Donuts.

2014 Summer Conference Approaches

NACWA’s Summer Conference, Executive Leadership . . . Today & Tomorrow, has lots to offer including an exploration of the increasingly vital role clean water utilities play in the economic, social and environmental health of their communities and the evolving roles and responsibilities utility managers will need to take on as they prepare for the workplace and workforce of the future. Registration and a preliminary agenda  are now available, so make your plans to join us in Portland! Our room block at The Nines Hotel is reaching capacity; however, we are working to reserve comparable accommodations at a nearby hotel to facilitate your attendance.  To request a room at The Nines call 877.229.9995 and identify yourself as a NACWA attendee.  If you are unable to reserve a room at The Nines, please e-mail Tina Kenia at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Information on alternative accommodations will be available soon.

NACWA Blog of the Week:
You Wash Your Face With What???

Illinois has become the first state to ban the sale of products containing plastic microbeads, which are commonly found in personal care products such as facial scrubs, soaps, and toothpaste.  Plastic microbeads are an environmental problem because they pass through wastewater treatment plants and are discharged into receiving waters, where they attract toxins and can be consumed by marine life.  A recent study by the 5 Gyres Institute found that the count of microbeads per square kilometer in the Great Lakes was generally in the thousands, and sometimes in the hundreds of thousands.  Will other states follow Illinois lead?  Read on to find out or subscribe today to The Water Voice and never miss a post.

Final Chance to Register for June 18 Legal Web Seminar

There is still time to register for the next NACWA Legal Hot Topics web seminar on June 18 – don’t delay! Designed to benefit municipal utility attorneys and managers, the web seminar is offered at no cost to NACWA members and provides an excellent and convenient opportunity to keep current on the latest clean water issues, developments, trends and case law.

The June 18 event will address key Municipal Separate Storm Sewer System (MS4) issues including MS4 jurisdiction, performing a Maximum Extent Practicable (MEP) analysis to establish the scope and breadth of permit obligations and the latest developments in the MS4 Water Quality Standards compliance debate. It will also cover construction law issues by exploring recent cases, typical contract clauses, trends associated with liability for delays and cost overruns, and notice and claims procedures. Registration information is available on NACWA’s website – register today!