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The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the March 2016 Regulatory Update.
Regulatory Perspectives – March 2016 Later this month, NACWA will convene a group of members to begin a broader conversation about the regulatory status of resources recovered from the wastewater treatment process. This issue first arose over how struvite recovered from the treatment process should be managed – EPA has not officially weighed in, but the Agency is inclined to regulate the material as a biosolid. But struvite is just the tip of the iceberg in terms of the resources that are or might be recovered from wastewater. In fact, EPA’s still unofficial position that struvite must be regulated as a biosolid is inconsistent with how the Agency has handled reclaimed water, a resource that is being looked to increasingly to provide a long-term sustainable water supply. There is no federal regulatory framework for reclaimed water and EPA has not tried to assert that the Clean Water Act somehow applies to this recovered resource from wastewater. So why is the story different for materials like struvite? The only explanation so far has been that struvite is a solid material removed from wastewater and is used in a manner similar to biosolids, therefore it must be a biosolid. But this type of thinking will not help expand the practice of resource recovery and it may already be having a chilling effect on these types of projects. NACWA is convening a group of members to further explore this issue with the ultimate goal of potentially forming a broader stakeholder group to explore options for addressing this regulatory conundrum. EPA so far is resistant to changing its regulations in line with what some European nations and Canada have done – crafting an off-ramp from biosolids and wastewater regulations for materials that are no longer wastes and are in fact indistinguishable – and in some cases safer – than comparable materials. Nevertheless, these examples may be the starting point for discussions of a viable solution going forward. Look for more on this topic during NACWA’s upcoming Summer Conference this July. – 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
NACWA Shares Expert Review of Coliphage Science With EPAOn February 26, NACWA shared with EPA a report
EPA convened a group of experts on March 1 to further explore the science behind coliphage and planned to distribute the Dorevitch report to its experts for consideration. NACWA will be meeting with EPA soon to discuss the Agency’s reactions to the report and will participate in their upcoming Recreational Waters Conference in April, during which the Agency will brief stakeholders on the discussions from its experts’ workshop. EPA is still targeting the release of draft recreational water quality criteria based on coliphage for late 2016 or early 2017. Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . NACWA, EPA Discuss Phase II Stormwater RuleNACWA met with key EPA staff on March 9 to further discuss the Agency’s proposed changes to the municipal separate storm sewer system (MS4) Phase II rule. The Association shared a number of concerns that have been raised by Association members, including that the proposal is seeking to make substantive changes to the “maximum extent practicable” (MEP) standard that governs regulation of MS4 discharges under the Clean Water Act. EPA officials reiterated that the proposal is only intended to make procedural changes to the Phase II program, not substantive alterations to the regulatory requirements for MS4 utilities. NACWA suggested a number of ways this could be clarified in the final rule, and the Agency appeared receptive to these ideas. NACWA will be submitting comments on the proposal by the March 21 deadline, and is also working with the National Stormwater Advocacy Network to develop comments. Any member with questions or thoughts on the proposed rule should contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Spotlight Shines On Flint CrisisThe water crisis in Flint, Michigan continues to receive significant national attention, both in the media and on Capitol Hill.. On March 6, a Democratic Presidential Debate was held in Flint, and the issue of water contamination was front and center. Both candidates used their opening statements to discuss the crisis and expressed deep concern over the developments that contributed to the elevated lead levels in drinking water. Both also raised concerns about the high cost of that City residents were paying for water, highlighting the challenge that many communities, like Flint, are facing in paying for basic water services. EPA Administrator Gina McCarthy also focused on the situation in Flint during remarks to the National League of Cities (NLC) on March 7. McCarthy noted the significant costs facing the nation in addressing a growing water infrastructure crisis, and called for a “national conversation” to address these issues and ensure a situation like Flint does not happen again. NLC also passed a resolution calling on Congress and the Administration to resolve this crisis. The U.S. Conference of Mayors weighed in, as well, with a letter In the media, both EPA Administrator McCarthy and AWWA published op-eds related to the Flint situation. McCarthy’s March 14 piece in the Washington Post noted that the crisis in Flint reinforces the widespread water infrastructure challenges facing communities across the nation – especially in poorer communities -- and highlighted this issue as an environmental justice concern. AWWA called in their op-ed for a complete removal nationwide of lead service lines. Congress also focused on Flint in hearings on March 15 and March 17, asking tough questions of senior government officials including McCarthy and Michigan Gov. Rick Synder. NACWA joined with other water sector associations last month to release a joint statement 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 . Biosolids
NACWA Discusses Impending SSI Deadline With Enforcement OfficialsNACWA spoke with key staff from EPA’s Air Enforcement Division on March 11 about the impending March 21 deadline for sewage sludge incinerators (SSIs) to come into compliance with the Clean Air Act. Several communities around the country have expressed concern with meeting the deadline and many are confused over the timing of EPA’s final Federal Implementation Plan (FIP) (see related story below), which will not become effective until after the March 21 statutory deadline. 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 . SSI FIP Provides No Relief, But Some Helpful ClarificationEPA Administrator Gina McCarthy signed the final Federal Implementation Plan (FIP) for the Clean Air Act regulations for sewage sludge incinerators (SSIs) on February 22, more than a year late. NACWA is encouraging its members in the states covered Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Climate
Association Releases Climate Resilience Resource Menu For Clean Water AgenciesNACWA is excited to announce the release of the Climate Resilience Resource Menu for Clean Water Agencies. Recognizing the huge volume of information on climate change, mitigation, adaptation and resilience that has been produced, the Association’s Climate and Resiliency Committee saw an opportunity to collect the most relevant resources for clean water utilities in one place. 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 .
Effective Utility Management
Effective Utility Management Review Group Releases FindingsConcluding its year-long review process, the Effective Utility Management (EUM) Steering Group delivered its final report Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Enforcement
EPA Announces Enforcement Priorities For FY 2017 – FY 2019EPA announced February 18 its formal environmental enforcement priorities for Fiscal Years (FY) 2017 – 2019. Not surprisingly, municipal wet weather issues such as sewer overflows and stormwater will continue to be one of the Agency’s top enforcement targets. 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 .
Pretreatment
EPA Discusses Metal Finishing Study With Pretreatment CommitteeEPA held a conference call with NACWA’s Pretreatment & Pollution Prevention Committee on March 8 to discuss the Agency’s study on the Metal Finishing category. EPA is conducting a preliminary study of the Metal Finishing category, as described in the Final 2014 Effluent Guidelines Program Plan 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
NRDC Publishes Report On Stormwater Credit TradingStormwater credit trading, while in its nascent stages, is being explored by more cities as a market-based component of a successful urban stormwater program. A new report released by the Natural Resources Defense Council (NRDC), How To: Stormwater Credit Trading Programs Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Water Quality
NACWA Members Selected For Regional Conservation Partnership AwardsThe New York City’s Watershed Agricultural Program and the Milwaukee River Watershed Conservation Project were among the awardees selected for a second round of project awards under the Regional Conservation Partnership Program (RCPP) announced by the U.S. Department of Agriculture (USDA) in February. NACWA members are leading partners in both projects, including the New York City Department of Environmental Protection (NYCDEP) and the Milwaukee Metropolitan Sewerage District (MMSD). NACWA congratulates these two member utilities on their participation in this important water quality improvement program. Read the full story from the Clean Water Current. Contact: Pat Sinicropi at 202/533-1823 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . EPA, USGS Seeking Comment On Hydrologic Alteration ReportEPA and the U.S. Geological Survey (USGS) are seeking comment on a new Technical Report entitled: Protecting Aquatic Life from Effects of Hydrologic Alteration. The document could have implications for dischargers in the arid west and for stormwater discharges. NACWA’s Water Quality and Stormwater Committees are reviewing the document now and NACWA plans to provide comments by the May 2 deadline. NACWA members with input on the document are encouraged to contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Wet Weather
NACWA, EPA Discuss Sewer Overflow NotificationNACWA met with EPA on February 17 to discuss the combined sewer overflow (CSO) notification requirements for Great Lakes dischargers contained in the Fiscal Year 2016 appropriations package passed by Congress in December. 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 .
Resources, Upcoming Events and Comment Periods
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prepared by Dr. Sam Dorevitch, MD, MPH, of the University of Illinois at Chicago School of Public Health, that notes a lack of information and conflicting results in the science behind using coliphage in a Clean Water Act context. EPA is proposing to use coliphage as an indicator of fecal contamination in recreational waters. NACWA, together with the Water Environment Research Foundation (WERF), funded the review by Dorevitch to better understand the scientific information currently available regarding this potential indicator change by EPA. The Association’s participation was supported through its Targeted Action Fund (TAF). Dorevitch’s report included three key findings: