Clean Water Current - June 24, 2011

June 24, 2011

NACWA Testifies at House Hearing on EPA’s Nutrient Policies

NACWA testified today at an oversight hearing before the House Transportation & Infrastructure Subcommittee on Water Resources & Environment on EPA’s policy approach to controlling nutrients in our waterways. Barbara Biggs, Chair of NACWA’s Water Quality Committee and Government Affairs Officer for the Metro Wastewater Reclamation District in Denver, Colorado, testified on behalf of NACWA and discussed NACWA’s general views on EPA’s approach toward developing numeric nutrient criteria and related Colorado’s experience with the subject. Biggs urged the Subcommittee to explore new and innovative approaches to nutrient control and used Colorado as an example to illustrate her point. In Colorado, wastewater utilities have been working for almost two years on an approach that includes scientifically-derived numeric values for nitrogen and phosphorus – as well as an adaptive implementation plan that ensures nutrient reductions in priority watersheds, including those where point sources are a significant contribution – only to be told by EPA that these efforts were not sufficient.

Biggs stated that nutrient-related impacts are the water quality challenge of our time and that NACWA members understand that clean water agencies need to be an equitable partner in any solution to this challenge. However, Biggs also argued that until agricultural nonpoint sources are asked to do their part in controlling nutrients, we will never realize the nutrient reductions needed in order to have a significant water quality impact.

NACWA was the sole witness representing public clean water agencies. Other witnesses at the hearing included the following: Honorable Nancy Stoner, Assistant Administrator, Office of Water, U.S. Environmental Protection Agency (EPA); Richard Opper, Director, Montana Department of Environmental Quality, representing the Environmental Council of the States (ECOS); Colleen Sullins, Director, Division of Water Quality, North Carolina Department of Environment & Natural Resources, representing the Association of State & Interstate Water Pollution Control Administrators (ASWIPCA); Bethany Card, Director, Water Quality Programs, New England Interstate Water Pollution Control Commission (NEIWPCC); George Elmaraghy, Chief, Division of Surface Water, Ohio Environmental Protection Agency; and Richard Budell, Director, Office of Agricultural Water Policy, Florida Department of Agriculture and Consumer Services.

House T&I Committee Approves Bill Restricting EPA's Role in Permitting Process

On June 22 the House of Representatives Transportation & Infrastructure Committee (T&I), with the support of Chairman John Mica (R-Fla.) and Ranking Member Nick Rahall (D-W.Va.), cleared the Clean Water Cooperative Federalism Act of 2011 (H.R. 2018 ) on a 35-19 vote. The bill, co-sponsored by three Democrats and 15 Republicans, would strip EPA of its authority to block Clean Water Act (CWA) permits for dredge-and-fill activities and to overrule state-approved discharge permits, water quality certifications, and water quality standards. H.R. 2018 would block EPA’s ability to revise state water quality standards under Section 303, take away the Agency’s authority to overrule state-granted water quality certifications under the Section 401, and also remove EPA’s authority to object to state-approved National Pollutant Discharge Elimination System permits under Section 402. In addition, the bill includes an amendment offered by Representative Shelley Capito (R-W.Va.) that would apply the restrictions imposed on EPA’s authority to all pending permits or new and revised water quality standards. H.R. 2018 will now move to the House floor for consideration. The legislation is not expected to advance further than the House and has been roundly denounced by environmental organizations as the new “Dirty Water Bill”. NACWA will continue to monitor the bill’s progress and keep the membership informed as developments occur.

NACWA Requests Intervention in Air Litigation Related to SSI Rule

NACWA filed a Motion to Intervene June 20 in a Clean Air Act litigation that could impact EPA’s sewage sludge incineration (SSI) rule, further expanding the Association’s legal advocacy efforts on SSI issues. The lawsuit was filed by the Sierra Club and challenges EPA’s determination that the Agency has met its statutory requirement to control emissions from 90 percent of the area source emissions of the 30 hazardous air pollutants that are subject to emission standards. EPA indicated that its recent rule establishing air emissions for SSIs helped to meet its 90 percent requirement. As a result, any challenge to EPA’s determination could potentially impact how the Agency regulates SSIs even if NACWA is successful in its parallel challenge to the SSI rule. Sierra Club’s legal case against the 90 percent determination is likely to attempt to increase the stringency of the emissions standards for area source categories, including the SSI rule. NACWA will use its proposed intervention to push back against this potential argument and protect any gains made in the Association’s own legal and administrative challenges to the SSI rule.

NACWA’s intervention in this case follows the Association’s action last week to intervene in a related challenge filed by Sierra Club to the SSI rule, as well as NACWA’s own lawsuit filed against the SSI rule last month. As with the previous cases, NACWA’s advocacy efforts in the 90 percent determination case are being supported by the Association’s Sewage Sludge Incineration Advocacy Coalition (SSIAC). The Association will continue to monitor developments, coordinate activities between the three cases, and report to the membership.

NACWA’s Progress on Farm Bill Advocacy Continues

On Tuesday of this week, NACWA hosted another meeting of the Healthy Waters Coalition and continued to work to develop a set of policy recommendations that address the need to reduce nutrient run-off from agricultural lands in anticipation of Congress’s reauthorization of the Farm Bill. The Farm Bill authorizes agricultural programs and determines how agricultural resources will be invested on the farm. Congress reauthorizes the legislation approximately every five years and is scheduled to do so later this Congress or early next Congress. The Association formed a workgroup of its members and helped convene a coalition of municipal water and wastewater stakeholders, as well as other conservation and sustainable agriculture organizations, to urge Congress to include policies to make progress on reducing nutrients from agricultural lands. In addition to progress on policy recommendations, the Coalition sent a factsheet to Congress that discusses the extent to which nutrients from agricultural lands contribute to the problem of excessive nutrients in our waterways.

Chemical Security Bill Passes House Panel — Excludes Water, Wastewater Facilities

On June 22, by a 26-5 bipartisan vote, the House of Representatives Homeland Security Committee’s Subcommittee on Cybersecurity, Infrastructure, Protection & Security Technologies Chair Dan Lungren (R-Calif.) cleared legislation (H.R. 901 ) to amend the Homeland Security Act of 2002 and reauthorize the Department of Homeland Security’s Chemical Facilities Anti-Terrorism Standards (CFATS) program for seven years. The CFATS program is designed to secure the nation’s chemical facilities from terrorist attacks and other security thefts. H.R. 901, as it currently stands, would continue the exemptions for water and wastewater facilities in the CFATS program. H.R. 901 will now proceed to the House floor, however, it is unclear whether the House leadership will move this bill or a competing piece of legislation (H.R. 908 ) pending in the House Energy & Commerce Committee, which also continues the exemption for water and wastewater facilities. NACWA will continue to monitor these two pieces of legislation and keep its members updated on any developments as they occur.

NACWA Participates in Climate Resilience Tool Workgroup

NACWA and representatives from two of its member agencies – Tony Quintanilla, Chair of NACWA’s Climate Change Committee and Assistant Director of Maintenance & Operations at the Metropolitan Water Reclamation District of Greater Chicago, and Dave White, Government Relations & Strategic Policy Officer at the King County Department of Natural Resources and Parks – are participating in a workgroup to determine enhancements to EPA’s Climate Resilience Evaluation & Awareness Tool (CREAT), which is part of the Agency’s Climate Ready Water Utilities initiative. CREAT is a software tool designed to help drinking water and wastewater utilities understand potential climate change threats and assess the risks at their utilities. CREAT is available for free download on EPA’s website, and the Agency is planning training sessions to help utilities learn about the tool. The CREAT workgroup met this week in Washington, D.C. to recommend enhancements to the second version of the tool and discuss the energy management functions that will also be added. NACWA will keep members informed of training opportunities, and this tool and EPA’s other Climate Ready Water Utilities activities will be a topic of discussion at the Climate Change Committee meeting at NACWA’s Summer Conference in Chicago.

NACWA Active at WESTCAS Annual Meeting – Plans More Engagement with State, Regional Clean Water Groups

NACWA was an active participant at the annual meeting of the Western Coalition of Arid States (WESTCAS) in San Diego this week, providing an update on the Association’s key advocacy efforts and discussing opportunities to collaborative with this important regional clean water organization. NACWA Executive Director, Ken Kirk, provided the keynote address for the meeting and, joined by General Counsel Nathan Gardner-Andrews, also participated in panels on regulatory and legislative developments. Issues of particular importance to utilities in the arid west, including stormwater, nutrients, and the recent EPA draft guidance on Clean Water Act jurisdiction, received considerable attention at the meeting. NACWA also provided an updated on the Association’s Money Matters™ campaign, including the Association’s regulatory prioritization legislation that is currently under development.

NACWA’s attendance at the WESTCAS meeting this week is part of the Association’s expanded efforts to bring the organization to its members – through increased engagement state and regional clean water associations and regional meetings of utilities. NACWA’s next stop in this effort will be a July 7 meeting in New Jersey with utilities throughout Region 2, followed by meeting of the Oregon Association of Clean Water Agencies (ORACWA) in late July.

Hotel Deadline Approaching – Join NACWA at the 2011 Summer Conference!

Join us July 19-22, 2011 at the Westin Chicago River North in Chicago, Illinois for NACWA’s 2011 Summer Conference, Engineered for Success. . .Creating a First Class Public Utility. This year’s agenda will explore efforts underway at utilities to evaluate and enhance the sustainability of management practices and overall operations. Registration is now open and an agenda is now available. NACWA is offering a discounted registration to Gen X/Gen Y staff (defined for this purpose as individuals born 1970–1990) attending with their NACWA Member representative. Don’t delay in contacting the Westin Chicago River North to secure your hotel accommodations. Reservations must be made by Monday, June 27 to receive the special group rate of $189/night, after Monday, the Hotel will not be able to honor the special group rate – so be sure to register today!

Registration Available for Alliance to Save Energy’s Watergy Webinar

As reported in the June 17 Clean Water Current, the Alliance to Save Energy (ASE), a NACWA Supporting Affiliate, is hosting a webinar about its Watergy program on Thursday, June 30th, 2011 from 1:00 - 2:30 pm. Registration and additional information about this free webinar is available by contacting This e-mail address is being protected from spambots. You need JavaScript enabled to view it .