Clean Water Current - November 11

November 11, 2011

NACWA to Testify at House Hearing on Shale Gas Fracking; Input Still Needed on Effluent Guidelines Plan

NACWA will testify at a November 16 hearing before the House Committee on Transportation & Infrastructure’s Subcommittee on Water Resources & Environment on Hydraulic Fracturing of Shale Beds: Ensuring Regulatory Approaches that Will Help Protect Jobs and Domestic Energy Production. Martie Groome, Vice Chair of NACWA’s Pretreatment & Pollution Prevention Committee, and Laboratory & Industrial Waste Supervisor for the City of Greensboro Water Resources Department, N.C., will testify on behalf of NACWA. In light of EPA’s announcement that it will be developing national pretreatment standards for the hydraulic fracturing (or “fracking”) wastewater used in shale gas extraction, NACWA was asked to provide technical testimony on how the pretreatment standards might enable clean water agencies to accept fracking wastewater, and to offer technical insight into how the Agency’s Pretreatment Program functions more broadly.

At press time, the other anticipated witnesses are Cynthia Dougherty, Director, Office of Ground Water and Drinking Water, EPA; Jim Hanlon, Director, Office of Wastewater Management, EPA; Michael Krancer, Secretary, Pennsylvania Department of Environmental Protection; Tom Steward, Executive Vice President, Ohio Oil and Gas Association; and Dana Murphy, Oklahoma Corporation Commission. The hearing is expected to be webcast live (November 16 at 10:00 am Eastern) on the House Subcommittee’s website. NACWA will provide a summary of the hearing, as well as a link to the Association’s written testimony, in next week’s Clean Water Current.

Spurring the hearing, in part, was EPA’s recent announcement of the upcoming development of national pretreatment standards for fracking wastewater in its Final 2010 Effluent Guidelines Program Plan . In the Plan, EPA invited comments on the shale gas extraction industry, the discharge of wastewater from nanosilver manufacturing, the impacts of the effluent guidelines program on water conservation, and other topics. Please see NACWA’s Advocacy Alert 11-24 for more details, and send any input for inclusion in NACWA’s comments by November 16 to Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Participates in EPA Briefing on Clean Water Act Jurisdiction

NACWA and other groups representing local and state government entities participated in an EPA briefing this week following up on its recent announcement that the Agency is working on a formal rulemaking process — rather than interim guidance — to further clarify federal jurisdiction under the Clean Water Act (CWA). The Agency indicated during this meeting that the approach taken in the rule will mirror the approach taken in the draft guidance (published earlier this year). The timeline for the rulemaking process is still not clear, but EPA suggested they would begin inter-agency consultation within the next several weeks. As a result, the draft of the rule would likely be released for public comment in the March-April 2012 timeframe. NACWA previously commented on the draft guidance and will track the rulemaking process closely, including submitting additional comments at the appropriate time. We will keep the membership updated on developments as they occur.

NACWA Highlights Concerns with EPA’s Pending Ammonia Criteria Revisions

NACWA wrote Ephraim King, director of the Office of Science & Technology in EPA’s water office this week to underscore the importance of using valid science as the Agency moves forward with revisions to its recommended water quality criteria for ammonia. NACWA’s November 10 letter was in response to a November 2 meeting with King and key staff on the pending revisions. It outlined the Association’s lingering concerns about the use of nuisance invasive species data for the calculation of the final criteria values. NACWA also stressed the major impacts the revisions will have on the clean water community, and the importance of providing sufficient guidance to the states on how the criteria can be recalculated to better account for the species present in particular water bodies.

In calculating the revised criteria, EPA has amassed a large database on the effects of ammonia on different aquatic organisms. Included on its list of most sensitive species are data for two invasive species. NACWA has argued previously in its comments on the draft criteria that inclusion of data for invasive species is not appropriate. While EPA noted during the meeting that it believes the use of invasive species data, as a surrogate for an indigenous species, is appropriate, the Agency has not provided evidence that such a linkage exists in this case. NACWA will continue to highlight these issues for senior EPA management, which is currently reviewing the draft criteria, to ensure the underlying data issues are addressed and to encourage EPA to provide the states with sufficient guidance and information to assist with implementing the criteria.

Save the Date – NACWA 2012 Winter Conference

Save the date for NACWA’s 2012 Winter Conference, Watershed Moment in the Making…Conquering the Challenges of the New Regulatory Frontier, February 12-15, at the Omni Los Angeles Hotel at California Plaza in Los Angeles, California. The technically-focused conference will examine the increasing regulatory requirements clean water utilities face – and the emerging suite of innovative solutions and leadership strategies utilities are using to address these regulatory pressures. NACWA’s Winter Conference will feature a new meeting format, starting on Sunday and running through Wednesday, with more time devoted to committee meeting interaction and high-profile General Session presentations. We invite you to plan now to attend.

Reminder – Please Complete Stormwater Fee Survey!

NACWA members that provide stormwater service are reminded to complete the Association’s brief survey on payment of stormwater fees by federal government facilities. NACWA distributed the survey to the membership via Advocacy Alert 11-23, which provides additional background information. NACWA has received a strong response rate to the survey so far, but is extending the deadline for completion of the survey until November 18 to provide all members with stormwater management responsibility an opportunity to respond. The survey results will inform NACWA’s continued advocacy on this issue, and we thank you in advance for your support with this effort!