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The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the August 2015 Regulatory Update. This Update provides a summary of relevant regulatory issues and actions from August 2015.

Top Stories

Schedule Set in Phase II Stormwater Rulemaking, NACWA to Actively Engage

A settlement has been reached in ongoing litigation between environmental activist groups and EPA over the national Phase II stormwater program, setting the stage for a new rulemaking by the Agency that will amend portions of the Phase II regulations. EPA and the activist groups filed a joint motion and proposed settlement agreement with the U.S. Court of Appeals for the Ninth Circuit on August 26. The proposed settlement agreement would require EPA to propose a rule with changes to the Phase II program by December 17, 2015 – and to finalize the rule by November 17, 2016. This is an aggressive schedule and the Agency will need to work hard over the next few months developing the rule proposal if it is to meet this timeframe. The litigation stems from a 2003 federal court decision that found flaws with the Phase II program, most notably regarding the need for permitting agency review of notices of intent (NOIs) submitted by small Phase II MS4s. A lack of sufficient opportunity for public review and comment was also at issue (see case description).

NACWA has been actively engaged with EPA in recent months to provide input to the Agency regarding how to move forward with a rulemaking to address the Court’s decision. Most notably, NACWA has cautioned EPA to keep the scope of the changes narrow to address the procedural issues specifically noted in the 2003 decision, and not expand the effort into changing the substance of the “maximum extent practicable” (MEP) standard for municipal stormwater dischargers. The Association will be advocating aggressively during the rulemaking process to make sure the municipal stormwater utility perspective is represented. NACWA will also host a remote meeting of its Stormwater Management Committee on September 9 to give an overview of the potential outcomes of the rulemaking and get member feedback. Please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you would like to be included on that call.

Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

WEF, NACWA Collaborate to Comment on EPA’s Coliphage Literature Review

The Water Environment Federation (WEF) led an effort with WEF and NACWA members to develop technical comments  on EPA’s recent literature review conducted in support of the Agency’s efforts to develop a water quality criterion for viruses. NACWA has been closely tracking EPA’s efforts to develop the criterion using coliphage, a type of bacteriophage, as a viral indicator. The Association has raised a number of concerns with EPA – and has urged the Agency to be more transparent in its criterion development process. EPA released the literature review for comment, something it would not have normally done, and WEF’s committees took the lead on compiling the in-depth, technical comments, submitted to the Agency on August 14. NACWA and WEF will meet with EPA in the coming weeks to discuss the comments.

In a related development, EPA has announced that it will provide an update on its criterion development work for coliphage in an October 15 webcast. NACWA will participate on the webcast, but encourages its members interested in the issue to do so as well. The webcast is slated for 2:00 pm Eastern on October 15 and members interested in participating should contact EPA’s contractor via email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with “Coliphage Webinar” in the subject line. List your name, place of work, and number of people attending.

Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Final Water Quality Standards Rule Contains Several Key Changes

NACWA has carefully reviewed the final Water Quality Standards Rule to identify changes made and whether the Association’s January 2014 comments  were addressed. Signed by the EPA Administrator on August 5, the final rule tracks closely with the proposal, with mostly minor changes to further clarify the Agency’s intent.

A number of more significant changes, however, were made by EPA to key sections based on comments it received. While the rule, in theory, applies only to states and their development and implementation of their water quality standards programs, several elements of the rule will have impacts for permittees, as well. In the rule, EPA finalized revisions in the same six areas it proposed to change: 1) Administrator’s Determination; 2) Highest Attainable Use; 3) Triennial Reviews; 4) Anti-Degradation; 5) Variances; and, 6) Compliance Schedules.

Advocacy Alert 15-15 provides a detailed description of the changes made in the final rule. EPA’s website provides a redline comparison of the proposed and final regulatory language for those interested in seeing the actual text of the revisions. At this time it is unclear whether the Agency plans any additional outreach, webinars, etc. to explain the content and impact of the rule. NACWA will alert the membership to any developments.

Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Head of EPA Water Office Briefed on Great Lakes Legislation

NACWA briefed Ken Kopocis, Deputy Assistant Administrator for EPA’s Office of Water, August 12 on provisions (see related Clean Water Current story from July for more details) related to sewer overflows in the Great Lakes region in the Senate’s FY 2016 spending package for the Agency. While EPA cannot take a formal position on the proposed language, Kopocis and key staff clearly understand the impact the legislation would have on clean water utilities. As in previous meetings with the Agency and the White House Office of Management & Budget, NACWA shared its members’ concerns that an outright prohibition on combined sewer overflows (CSOs) and blending would result in catastrophic rate increases for communities already facing billions of dollars in investment to meet current obligations under the CSO Control Policy.

The Association circulated a survey to all Great Lakes dischargers likely impacted by these provisions, seeking information on potential compliance costs and water quality benefits. This data is being gathered to bolster the Association’s stance that the cost of complying with these provisions for many communities far exceeds hoped for water quality benefits.

Contact: Pat Sinicropi at 202/533-1823 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Clean Water Rule

Congressional Criticism of Clean Water Rule Continues

Senator James Inhofe (R-Okla.), Chair of the Senate Environment & Public Works Committee sent a letter  to EPA and the U.S. Army Corps of Engineers August 20 questioning whether the final Clean Water Rule will “regulate not only current streams and wetlands, but land where streams and wetlands may have existed long before the enactment of the Clean Water Act,” potentially calling into question the new exemption for stormwater conveyance systems. Read the full story from the Clean Water Current. NACWA has asked EPA to clarify this issue in writing.

Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Energy

Clean Power Plan Includes Opportunities for Utilities

The Obama Administration unveiled its final Clean Power Plan on August 3, a measure that seeks to reduce carbon emissions from power plants. While the basic requirements of the Plan target coal, oil, and natural gas-powered electric generating units (EGUs), EPA has established an implementation framework that allows states to use increases in renewable energy, and improvements in demand-side energy efficiency at water and wastewater utilities, to meet their required state-level reduction goals. Read the full story from the Clean Water Current. Read the full story from the Clean Water Current. NACWA’s Energy Workgroup will be discussing this and other recent developments in the coming months.

Contact: Cynthia Finley at 202/533-1836 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

NACWA Blending Survey Deadline Extended

NACWA is extending the deadline for its survey on blending to Friday, September 18. NACWA is conducting the survey to gather information that will assist with its advocacy efforts on peak wet weather flow management. The data being collected with the survey will be used by NACWA as it continues to advocate in the regulatory, legislative, and legal arenas for a consistent national policy that allows blending as an effective method for managing peak wet weather flows and protecting water quality. Additional information about the survey is available in Advocacy Alert 15-14.

Contact: Cynthia Finley at 202/533-1836 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Funding

GAO Report Highlights Importance of Clean Water SRF

The U.S. Government Accountability Office (GAO) released a report  examining the sustainability of the Clean Water and Drinking Water State Revolving Funds (SRFs), and highlighting the important role SRFs play in infrastructure funding. The report notes that the SRFs have been important not only in “providing billions of dollars of federal funding for drinking water and wastewater infrastructure,” but also in creating “innovative ways to finance such infrastructure while achieving environmental and health benefits.” Read the full story from the Clean Water Current. NACWA was interviewed by GAO for the report and is pleased that the report highlights the SRF’s critical role in infrastructure funding.

Contact: Pat Sinicropi at 202/533-1823 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Pretreatment

Media Continues Covering Wipes; Truly Flushable Wipes Demonstrated

NACWA members the City of Vancouver and the City of Portland Bureau of Environmental Services were featured in a local television news story for their work on flushable wipes. The story featured Frank Dick, Industrial Pretreatment Coordinator for the City of Vancouver Department of Public Works and Vice Chair of NACWA’s Pretreatment & Pollution Prevention Committee, and his work on tracing the fate of wipes disposed of in Vancouver’s sewers. NACWA also met with a wipes manufacturer to discuss a new material for wipes that breaks up as quickly in water as toilet paper. These new materials are important to the work NACWA is doing on improving flushability standards, which is part of the Association’s Toilets Are Not Trash Cans! campaign. Read the full story from the Clean Water Current.

Contact: Cynthia Finley at 202/533-1836 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

NACWA Supports Nanomaterial Reporting Requirements

NACWA submitted comments on August 5 supporting EPA’s proposed reporting requirements  for nanoscale materials. The proposed rule would require one-time reporting for existing nanomaterials and for new materials before they are manufactured or processed. NACWA will continue to communicate with EPA about utility concerns related to nanomaterials and will monitor the status of this proposed rule. Read the full story from the Clean Water Current.

Contact: Cynthia Finley at 202/533-1836 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Utility Management

EPA to Host EUM Framework Review Webinars

EPA will host two webinars , one on October 15, 2015 at 2 pm Eastern and the other on October 20, 2015 at 12:00 pm Eastern, for stakeholders to provide feedback on the Effective Utility Management (EUM) framework. NACWA is collaborating with several other water organizations in an effort to review the framework including The Ten Attributes of Effectively Managed Water Sector Utilities and The Five Keys to Management Success, both of which are detailed in Effective Utility Management: A Primer for Water and Wastewater Utilities (2008). The webinars will review some of the findings but will leave most of the time for questions and/or suggestions and comments on the EUM framework from participants. Registration for both the October 15 and October 20 webinars is complimentary.

Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Resources, Upcoming Events and Comment Periods

• NACWA's Stormwater Management Committee Meeting, Wednesday, September 9, at 1:00 pm Eastern. The Committee will be discussing the upcoming Phase II Rule Proposal and Association response.
• Register for EPA’s webinar on the Agency’s draft Environmental Justice 2020 Action framework, September 1 at 1:00 pm Eastern or September 16 at 4:00 pm Eastern.
• Register for the USDA - EPA National Workshop on Water Quality Markets, September 15-17.
• Register for the next NACWA Legal Hot Topics Web Seminar, September 16 from 2:00 – 3:30 pm Eastern.
• Register for the NACWA/WEFWater Policy Breakfast & Utility Executives Forum at WEFTEC15 on September 29 beginning at 8 am.
• Apply today for NACWA's 2016 National Environmental Achievement Awards. The deadline for nominations/applications is Wednesday, September 30, 2015. 
• Become a participating organization in Imagine a Day Without Water, October 6-8. 
• Register for a listening session to provide feedback on the Ten Attributes and Five Keys to Effective Utility Management Success. Sessions are either October 15, 2:00-3:30 pm Eastern or October 20, 12:00-1:30 pm Eastern.
• Register for the Southeast Stormwater Association's (SESWA) 10th Annual Regional Stormwater Conference October 14-16. SESWA is a member of NACWA's National Stormwater Network.
• Register today for the NACWA-sponsored American Water Summit: Scalable Solutions, October 20 – 21 at a special discounted Public Agency rate.
• Register for NACWA’s 2015 National Clean Water Law Seminar, November 4-6 in Henderson, NV. (see related article)
• Register for the International Water & Climate Forum , December 7-9.