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The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the October 2015 Regulatory Update. This Update provides a summary of relevant regulatory issues and actions from October 2015. Regulatory Perspectives – October 2015 This month we learned that Ken Kopocis, currently serving as Deputy Assistant Administrator for EPA’s Office of Water, will retire from public service in early November after more than 30 years. Ken was President Obama’s nominee to be Assistant Administrator for water, but after years of delays, re-nominations, and political gaming, the clock simply ran out and Kopocis closed out his career in a deputy capacity. Ken will likely be known for his work on the controversial Waters of the United States or Clean Water Rule, but his contributions extend well beyond that one rule. NACWA thanks Ken for his hard work and dedication to clean water issues over the years and wishes him the best as he moves on to new adventures. So what’s next for the water office? EPA Administrator Gina McCarthy has appointed Joel Beauvais, currently serving as an associate administrator in EPA’s policy office, to serve as Acting Deputy Assistant Administrator for Water. While NACWA has not worked directly with Beauvais in the past, the policy office he worked for is a silent but critical player in all of EPA’s rulemaking efforts. The policy office plays a gatekeeper role between the program offices at EPA and the White House Office of Management and Budget, among other roles including running EPA’s retrospective regulatory review effort. So it’s safe to say that Beauvais will at least be familiar with the major water issues. Beauvais is expected to step into his new water office role during the week of November 9, and NACWA is working to set up a meeting with him to brief him on the Association’s priority issues. How will this change in leadership impact the day to day operations of the water office? Not much at all. With a little more than 15 months remaining in the Obama Administration, the water office will remain focused on getting its top priority rulemakings and policies across the finish line. The key staff throughout the water office remain the same and will keep moving forward on their top issues, with maybe only a slight pause in activity while they bring their new boss up to speed. So expect business as usual from the Office of Water. – Chris Hornback, Chief Technical Officer (Contact me at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any comments or questions.)
Top Stories
Great Lakes Legislation, SRF Funding Restrictions Top Agenda in EPA Water MeetingNACWA joined other water sector organizations October 21 to meet with senior EPA Office of Water staff on a number of important issues facing the water community. Central to the discussion was current legislation pending in the Senate that would ban combined sewer overflows (CSOs) and the use of blending in the Great Lakes. NACWA and the Water Environment Federation (WEF) reiterated the significant concerns that the municipal clean water community has with the legislation and asked EPA about its position on the bill. EPA acknowledged the issues raised by NACWA and WEF but stated the Agency has not taken a formal stance on the legislation. NACWA also raised questions at the meeting about use of Clean Water State Revolving Fund (CWSRF) resources on private property for green infrastructure or other stormwater control projects. A number of utilities have recently expressed confusion about use of SRF dollars on private property. EPA reiterated that SRF funds are eligible for these types of projects and referred to recent SRF guidance In other developments, EPA reported during the meeting that it is still working on a response to a congressional letter raising questions about the Clean Water Rule’s impacts on municipal sewer and stormwater systems, and also stated that it is continuing work on a report analyzing current funding allocations under the SRF program. Contact: Nathan Gardner-Andrews at 202/833-3692 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it NACWA Files Brief in Blending LitigationNACWA filed an amicus curiae brief NACWA’s brief in Center for Regulatory Reasonableness (CRR) v. EPA provides a critical national utility perspective on the important issue of blending. It highlights why NACWA believes the 2013 U.S. Court of Appeals for the Eighth Circuit decision in Iowa League of Cities v. EPA – which struck down EPA’s efforts to regulate blending through application of secondary treatment limits internal to the treatment plant before the final point of effluent discharge – should be applied nationally by EPA. More specifically, the brief argues that if a POTW is meeting its permit limits at the point of discharge, EPA has no legal authority to apply secondary treatment requirements internal to the plant or dictate which treatment techniques are used within the plant’s boundaries, including blending. The brief further articulates the Association’s position that blending, when used as part of the design and operation of a treatment plant, is not a bypass. The CRR v. EPA lawsuit was filed in 2014 to challenge Contact: Amanda Waters at 202/530-2758 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it Clean Power Plan Presents Opportunities for NACWA MembersThe final Clean Power Plan rule, which seeks to reduce carbon emission, was published in the Federal Register on October 23. The Clean Power Plan aims to have all reductions in place by 2030. Legal challenges to the rule have already been filed by 24 states. 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, as well as improvements in demand-side energy efficiency, to meet their required state-level reduction goals. In accordance with comments 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 Comments on EPA Proposed Enforcement PrioritiesNACWA filed comments NACWA’s comments also highlighted the recent EPA Inspector General report Contact: Amanda Waters at 202/530-2758 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it SSI Members Discuss Compliance Agreements, More Time to Comply with Air RulesNACWA’s members that operate sewage sludge incinerators (SSIs) gathered on October 13 via conference call to discuss their options for seeking additional time to comply with the impending March 21, 2016, federal compliance deadline (some states require compliance before this date) for the Clean Air Act (CAA) emission standards finalized in 2011. Several members have contacted NACWA expressing concern that despite their best efforts, they may not be able to meet the compliance deadline. NACWA is working to secure a response from EPA to its May 2014 petition One option for SSIs that will not meet the final compliance deadline is to negotiate a compliance agreement that allows for additional time, but sets milestones to ensure the facility is making progress. CAA permitting authorities can enter into these compliance agreements with regulated entities on a case by case basis, and this was the focus for much of the discussion the call. Use of compliance agreements can benefit from a national framework, so NACWA is working to identify members who may be interested in working together on such a framework. NACWA has requested a meeting with Janet McCabe, the head of EPA’s air office and will update the members as soon as there are any developments on this front. Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Affordability
NACWA, Water Associations Discuss Report on Low-Income Assistance Programs with EPANACWA, along with several national associations representing drinking water and wastewater stakeholders, met on October 16 with representatives from the Environmental Protection Agency’s Office of Water regarding a new EPA effort to compile information about various programs used by communities to provide assistance to low-income ratepayers who cannot afford to pay the full cost of their water and sewer bills. Read the full story from the Clean Water Current. Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Funding/Financing
NACWA Finance Workgroup Members Nominated for EFABNACWA nominated four members of its Finance Workgroup for the EPA’s Environmental Financial Advisory Board (EFAB). The Association sent a nomination letter Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Input Needed for Treasury Department ReportNACWA has been asked to provide input to a team working on behalf of the U.S. Treasury Department to document why US infrastructure projects may be "stalled" and what net benefits would accrue to the nation if these projects went forward. Treasury is seeking information on the top 50 projects across all of infrastructure, including water sector projects. This is an opportunity for NACWA to raise infrastructure financing and other related policy issues to the Administration and others through examples of projects that are not moving forward as they should. Read the full story from the Clean Water Current. Contact: Nathan Gardner-Andrews at 202/833-3692 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Pretreatment
Wastewater Associations and Wipes Manufacturers Discuss Flushability Guidelines Development ContinuesDiscussion continued on September 30 and October 1 on updating the guidelines for determining if a wipe can be labeled and marketed as safe to flush. NACWA, WEF, the American Public Works Association (APWA), the Canadian Water & Wastewater Association (CWWA), and INDA (the trade association of the nonwoven fabrics industry) are updating the current industry flushability guidelines, with a focus on making the testing protocol protective of real sewer conditions. The new guidelines should be completed by June 2016. 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
Security & Emergency Preparedness
Chemical Shipments Will Continue with Positive Train Control Deadline ExtensionThe Senate passed a stopgap transportation bill in October, H.R. 3819, that extends federal transportation funding until Nov. 20. An extension for the deadline to implement positive train control (PTC) technology was included, providing the railroad industry three more years, until December 31, 2018, to comply. This is a positive development for clean water utilities because it will ensure continued transportation of key chemicals used in the wastewater treatment process via rail. 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
Stormwater
State Stormwater Regulators, SESWA, Respond to NACWA MessageState water quality managers, permit writers and EPA staff involved in regulating stormwater convened in Philadelphia, PA to discuss implementation of federal and state municipal, industrial and construction stormwater programs. NACWA’s Brenna Mannion, Director of Regulatory Affairs & Outreach, was invited to speak on October 8 during a session focusing on local stormwater challenges. Typically this type event is reserved for regulators only, and NACWA appreciated the opportunity to participate with staff from the NPDES programs around the country. Read the full story from the Clean Water Current. Later in the month, the Southeast Stormwater Association (SESWA) invited NACWA to speak at its conference in Chattanooga, Tennessee. SESWA is heavily involved in the National Stormwater Advocacy Network (NSAN) which NACWA convened earlier this year, and the Association appreciated the opportunity to participate in SESWA's 10th anniversary meeting. Read the full story from the Clean Water Current. Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it Preproposal Comments Outline NACWA Input for Phase II Stormwater Remand RuleTNACWA filed pre-proposal comments Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Resources, Upcoming Events and Comment Periods
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the Agency has published for clarification, but noted that some states may have their own restrictions on use of the funds.