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December 17, 2010
NACWA Convenes Farm Bill Working Group Focused on Water Quality ImpactsThis week NACWA convened a key meeting of over 20 stakeholders groups at the Chesapeake Bay Foundation’s Philip Merrill Environmental Center to discuss legislative options that may be pursued in the 2012 Farm Bill to improve national water quality and reduce nutrient runoff originating from agricultural lands. The groups represented a broad array of interests from the municipal, drinking water, clean water, conservation, and environmental communities. The day-long meeting resulted in a number of immediate actions, as well as a major step toward the creation of a water quality-focused coalition that will seek to implement a suite of legislative policies focused on improving water quality through the reduction of non-point source runoff. The effort represents the first time that such a diverse group of stakeholders has come together to advocate for water quality-focused provisions in the upcoming Farm Bill. In addition to the coalition, NACWA is forming a member –based Farm Bill Working Group to help shape and advance the coalition’s agenda. The group will be led by Kevin Shafer, Executive Director of the Metropolitan Milwaukee Sewerage District, and immediate Past President of NACWA. An e-mail announcing the Working Group will be sent in the near future, and NACWA encourages any interested members to take part in this effort. Interested members, or members with questions, should contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , NACWA’s Director of Legislative Affairs, or This e-mail address is being protected from spambots. You need JavaScript enabled to view it , NACWA’s Manager of Legislative Affairs with any questions.
Greenhouse Gas Regulations May Affect Public AgenciesUtilities in California have been notified by their regional air quality management district that they may be subject to Clean Air Act (CAA) provisions for their greenhouse gas (GHG) emissions next year. The GHG Tailoring Rule, which applies the CAA stationary source permitting programs to emitters of GHGs on an incremental basis, takes effect on January 2, 2011. For the first six months of 2011, facilities that are already subject to the prevention of significant deterioration (PSD) and Title V provisions of the CAA will also need to apply these provisions to GHG emissions if their emissions exceed 75,000 tons per year (tpy) of carbon dioxide equivalent (CO2e). From July 1, 2011 to June 30, 2013, facilities that emit over 100,000 tpy CO2e will be subject to PSD and Title V requirements. Although EPA is still determining the requirements that will begin on July 1, 2013, the Agency has guaranteed that no sources emitting less than 50,000 tpy CO2e will be subject to CAA requirements for GHG before 2016. NACWA has learned that the Bay Area Air Quality Management District (BAAQMD) has notified NACWA member, the City of Palo Alto Regional Water Quality Control Plant, that its estimated greenhouse gas emissions exceed one million tpy CO2e. At least two other facilities have also received this notification. While this emissions estimate seems excessive, there are no clear guidelines from EPA about how to calculate emissions from publicly owned treatment works (POTWs). NACWA is currently seeking additional information on how this estimate was made. Biogenic emissions are not specifically excluded from the Tailoring Rule emissions estimates, although EPA is expected to release further guidance on biogenic emissions later in 2011. The Tailoring Rule emissions estimates must be based on potential to emit (PTE), not actual emissions, which may make estimates for POTWs much higher than is realistically expected. In addition, there is no clear guidance on which POTW emissions may be considered fugitive emissions and, therefore, excluded from emissions estimates. NACWA Seeks Additional Information
NACWA, NAFSMA Host Meeting of Municipal, State Groups on Stormwater IssuesNACWA co-hosted a meeting Dec. 15 with a number of municipal and state associations to coordinate efforts and discuss mutual concerns on a number of current stormwater issues. Included in the discussion were a recent EPA memorandum on total maximum daily loads (TMDLs) and permit requirements for municipal stormwater discharges, as well as the Agency’s ongoing efforts to develop a new national post-construction stormwater rule. The meeting, jointly hosted with the National Association of Flood & Stormwater Management Agencies (NAFSMA), provided an important opportunity for the participating organizations to update each other on stormwater advocacy efforts and to identify potential areas of collaboration. Participants at the meeting expressed particular concern over EPA’s Nov. 12 stormwater TMDL memo (see Dec. 3 Clean Water Current), not only due to its content and its misinterpretation of current law regarding the permitting requirements for municipal stormwater discharges – but also due to the fact that there was no stakeholder consultation by EPA before issuing the document. NACWA and NAFSMA will be developing a joint response to the Agency outlining many of the regulated community’s concerns, This letter will be circulated to other municipal and state groups in early January for sign-on. The meeting also provided an opportunity to discuss EPA’s ongoing efforts to develop a new national stormwater rule. It was agreed that the municipal community should consider asking EPA to perform a formal consultation with urban communities as part of the rulemaking process. Ongoing advocacy efforts to ensure that federal government facilities are required to pay local stormwater fees were also discussed and there was a widespread commitment to a unified municipal push to get the new Congress to address this important issue next year if legislative efforts in the current lame-duck session of Congress are unsuccessful. Municipal and state groups attending the meeting in addition to NACWA and NAFSMA included the American Public Works Association (APWA); the National League of Cities (NLC); the National Association of Counties (NACo); the U.S. Conference of Mayors (USCM); the American Association of State Highway & Transpor-tation Officials (AASHTO); the National Governors Association (NGA; the Association of State & Interstate Water Pollution Control Administrators (ASIWPCA); the Stormwater Association of Maryland; and, the Virginia Municipal Stormwater Association. NACWA looks forward to continued collaboration with its state and municipal partners on these important issues.
NACWA Participates in First Meeting of EPA’s Science Advisory Board on Florida Criteria MethodologyNACWA participated December 13 and 14 in the first meeting of EPA’s Science Advisory Board (SAB) panel tasked with reviewing the Agency’s technical support document on development of numeric nutrient criteria for Florida's estuarine and coastal waters, and southern canals. In its comments The SAB panel’s discussions were mostly technical in nature, although some more general concerns were raised over EPA’s proposed methods for developing DPVs for estuaries, which ultimately will impact the recently finalized flowing waters criteria. EPA’s continued reliance on criteria derivation approaches that are not sufficiently linked to impacts on designated uses also raised concerns with the panel. The panel appeared split on the value and appropriateness of developing DPVs, expressing concern that some of the decisions used in parsing out loads in the DPV process would be better done at the local level. The panel also expressed concern about what the ultimate goals are for some Florida waters, particularly those that have been significantly impacted by human alterations such as the South Florida canals, and how EPA plans to determine when waters would be considered restored. The Agency is asking for a final report from the panel by the end of February 2011 to ensure it has time to consider the panel’s input and meet its November 2011 deadline for proposing the next round of numeric nutrient criteria for Florida.
NACWA Participates in National Academies Meeting on EPA Sustainability EffortsNACWA provided comments during the initial meeting of a National Academy of Sciences (NAS) Committee on Incorporating Sustainability in the U.S. Environmental Protection Agency. The committee was established to provide recommendations that will build on efforts already underway in EPA’s Office of Research & Development (ORD) to incorporate sustainability concepts into Agency programs. EPA is seeking to shift its decision processes from a risk assessment and risk management basis to a new sustainability framework. The December 14-15 meeting featured presentations by a variety of experts who discussed the history of sustainability work at EPA, the decision criteria for sustainability, and EPA’s current use of sustainability activities. Ellen Gilinsky, Director of the Water Division for the Virginia Department of Environmental Quality, spoke on behalf of the Association of State & Interstate Water Pollution Control Administrators (ASIWPCA), and outlined the need for more flexibility under the Clean Water Act, and a holistic watershed approach. NACWA provided remarks during the public comment session and echoed Gilinsky’s comments, emphasizing that the watershed approach is the best way to build a sustainable water policy and that prioritization of watershed needs is the best way to use a community’s financial resources, as exemplified by NACWA’s Watershed Principles document. The NAS committee report is expected to be completed in July 2011. The public is invited to provide the committee with comments and other materials through the NAS website. NACWA will forward the link to members when it is available and provide the committee with comments, as well as the Association’s Strategic Watershed Task Force report, Recommendations for A Viable and Vital 21st Century Water Policy
EPA Letter Addressing Affordability Lends Momentum to Money Matters Effort, Upcoming Summit & Fly-InA recent letter from EPA to the U.S. Conference of Mayors (USCM) provided added clarity on the Agency's interpretation of the degree of flexibility that exists in making Clean Water Act wet weather affordability determinations (See Advocacy Alert 10-34). The advocacy effort leading to this important letter was supported directly by funds from NACWA’s Money Matters campaign with significant input to the USCM effort from the Association’s public agency members and marks a significant step in obtaining much-needed clarity from EPA on the issues of regulatory prioritization and affordability determinations. The letter also demonstrates the importance of the upcoming March 1-2 Money Matters Summit & Fly-In in Washington, DC, which will feature dialogues between municipal agencies, key national organizations, EPA leaders and members of Congress to advance the goals of the campaign. The agenda and online registration for the Summit & Fly-In are available on NACWA’s website. Public agency registration is complimentary and space is limited, so mark your calendars and register as soon as possible.
Leadership Center Application Deadline Extended to December 31!The deadline for application to the 2011 Water & Wastewater Leadership Center has been extended to Friday, December 31, 2010. Don’t miss your opportunity to participate in this 12-day in-depth executive leadership program. Designed for current and up-and-coming water and wastewater utility leaders, the Center’s curriculum will enhance utility executives’ ability to effectively and efficiently manage their utilities. This executive education program will be held March 6–18, 2011, at the Kenan-Flagler Business School on the campus of the University of North Carolina at Chapel Hill. This year’s program includes – for the first time – a new curriculum component focused on leading organizational change. This enhancement to the curriculum is a computer simulation exercise that offers students the opportunity to work as a team to save a hypothetical company using limited time and resources to identify the issues, create a change plan, and implement this plan in the face of company-wide resistance. The program is a rigorous exercise for executives to get real-time practice in planning and implementing change. The program also introduces and promotes the effective use of change theory and other tools and techniques. Leading Organizational Change has been utilized with great success in other executive education programs and we are confident that it will also provide additional value to the Water & Wastewater Leadership Center program. Please visit the Leadership Center website to view the 2011 brochure and application, or contact Kelly Brocato at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for more information. Submit your application today!
Deadline Extension for NACWA Index Survey, Due by Friday, January 14thThe Association has extended the deadline for its 2010 NACWA Index survey to Friday, January 14. All Member Agencies should have received a customized survey form in the mail several weeks ago. NACWA has published the Index annually since 1992 to track increases in the average annual single-family residential sewer bill, as compared to the rate of inflation. The annual NACWA Index, which will be distributed to the membership next spring, will examine national and regional trends in annual sewer bills since the mid-1980s. It is critical that we get information from as many NACWA Member Agencies as possible, so please make every effort to complete the brief questionnaire. Surveys can also be completed online at www.cleanwatercentral.org, or simply contact Thea Graybill at This e-mail address is being protected from spambots. You need JavaScript enabled to view it to get your agency’s customized survey form via e-mail. We are asking that members complete their surveys by the extended deadline of Friday, January 14. Thank you, in advance, for your participation. This will be the final issue of the Clean Water Current for 2010. The next issue of the Clean Water Current will be published Jan. 7, 2011. NACWA thanks all of its members for their continued support and for making 2010 such a successful year. We wish all of our members a safe, happy and healthy holiday season. We look forward to a busy and exciting 2011! |
on EPA’s proposed numeric nutrient criteria for flowing waters and lakes (January 26, 2010; 75 Fed. Reg. 4174), NACWA urged the Agency to seek review of its proposed approach in Florida, in particular its methodology for developing downstream protection values (DPVs) in the state. The methodology is among several issues the SAB panel began reviewing at its meeting in Washington. The controversial criteria EPA finalized earlier this month for Florida’s flowing waters and lakes (December 6, 2010; 75 Fed. Reg. 75762) are not part of the SAB review.