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» Update Archive
The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the July 2012 Regulatory Update. This Update provides a narrative summary of relevant regulatory issues and actions current to the end of July 2012. Please contact NACWA’s Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it or Cynthia Finley at 202/533-1836 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any questions or information on the Update topics. Top StoriesNACWA Files Opening Brief in SSI Legal ChallengeNACWA laid out its case against EPA’s final Clean Air Act (CAA) emission standards for sewage sludge incinerators (SSIs) in a brief filed on July 24 with the U.S. Court of Appeals for the District of Columbia Circuit. The Association’s opening brief EPA is scheduled to file its brief responding to NACWA’s arguments in mid-October. Additional briefing, including NACWA’s reply brief as well as intervenors’ briefs, will be filed in November and December. All substantive briefing will be completed by the end of December, with final documents submitted in early January 2013. A final decision from the court is expected in May or June of next year. Advocacy Alert 12-11 provides background on the SSI rule and NACWA’s advocacy efforts, highlights key elements of NACWA’s opening brief, and outlines the anticipated next steps in the legal challenge. Additional information regarding the SSI lawsuit, including other relevant pleadings and documents, can be found on NACWA’s Litigation Tracking web page.
NACWA Meets with EPA to Discuss Implementation, Next Steps on Integrated PlanningIn advance of a July 25 Congressional hearing on integrated planning (see coverage of the hearing in the July 27 Clean Water Current), NACWA staff met briefly with key EPA water and enforcement office officials on July 23 to discuss next steps now that EPA has issued its final framework for integrated planning. Based on discussions from the Association’s Summer Conference in Philadelphia (July 15-18), NACWA noted during the meeting with EPA that utilities are still skeptical that the framework will be helpful for a majority of clean water agencies. Communities that are facing large, mandated programs to address combined sewer overflows and that have not yet signed agreements with their states or EPA will find it easiest to take advantage of integrated planning. NACWA members expressed concern, however, that those communities that have already signed consent decrees or are not facing massive spending requirements currently will find it more difficult to apply integrated planning to their situations. During the meeting, EPA again reiterated its interest in hearing from any communities that would like to use the framework. EPA is planning to develop a set of questions and answers to address the most frequently raised issues on integrated planning and requested that NACWA provide EPA with any questions it has received from members. EPA also expressed its support for the potential workshops on integrated planning that NACWA is considering holding over the next year. NACWA will be collecting questions on the integrated planning framework and implementation over the next two weeks to provide to EPA. Please send any questions you have to Chris Hornback at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Air Quality
NACWA Participates in Continuing Discussions on Plan for Collecting Siloxane DataNegotiations on an enforceable consent agreement (ECA) for environmental monitoring of two siloxanes, D4 and D5, continued this month with a July 24 conference call between EPA, NACWA, and the Silicone Environmental Health and Safety Council of North America (SEHSC). NACWA is an interested party in the ECA negotiations because of the detrimental effects of siloxanes on the exhaust stages of boilers, engines, and other equipment when biogas is used as a renewable fuel by publicly owned treatment works (POTWs). D4 and D5 are found in many soaps, detergents, personal care products, and other consumer and industrial products. The July 24 call focused on the need to collect sufficient data for an environmental risk assessment and the appropriate number of POTWs needed to conduct a viable assessment. SEHSC proposed an ECA that included five POTWs with different characteristics for sampling, while EPA stated during the conference call that their analysis suggested that 42 POTWs is an appropriate number to develop a sufficient distribution of data. EPA included factors such as population size, treatment types, and receiving body characteristics in its analysis. NACWA staff and member representative Patrick Griffith of the Los Angeles County Sanitation District provided input on treatment technologies and the relative importance of the factors that EPA is considering. EPA will be providing additional information on its justification for sampling 42 POTWs and another conference call will be held on August 7 to try to resolve this issue. NACWA members that would like to provide input on the ECA negotiation process should contact Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Climate Change
NACWA Comments on ICLEI ProtocolNACWA submitted comments NACWA commented on the draft Protocol at the request of members who serve ICLEI member communities. NACWA’s comments supported the Protocol’s statement that “wastewater generation is unavoidable and these wastes must be treated before water is returned to the environment… The practice of wastewater treatment thus provides a non-discretionary service to society.” NACWA expressed concerns, though, about the level of detail presented in the Protocol for calculating wastewater treatment GHG emissions and recommended a simplified method for estimating them. NACWA also warned that comparisons between communities, which are encouraged in the Protocol, are inappropriate for wastewater treatment given the unique characteristics of each facility. NACWA will review the final Protocol when it is released and will keep members informed of all GHG accounting requirements that may affect wastewater utilities.
Conferences and Meetings
NACWA Conference Explores Transformational Leadership at Clean Water AgenciesNACWA’s 2012 Summer Conference & 42nd Annual Meeting, Transformational Leadership. . . Changing the Game for the Next 40 Years of Clean Water, took place July 15-18 in Philadelphia and focused on some of the innovative utility management practices being employed by the Nation’s clean water agencies. The conference also featured strategic advocacy discussions at lively committee meetings, an array of informative speakers and panels, the public launch of its online NACWA Engage™ network, key actions by NACWA’s Board of Directors and membership, and a ceremony for Association member award winners. The conference theme was exemplified in the welcoming remarks of the Honorable Michael Nutter, Mayor of Philadelphia. Nutter focused on the city’s innovative Green City-Clean Water program as a vital initiative to manage rainwater before it becomes a pollutant, to save ratepayer dollars by not having to invest in more costly infrastructure alternatives, and also to spur waterfront investment, development, and local jobs. In addition to the many informative case studies that members provided throughout the meeting, a panel of three CEOs of NACWA affiliate member consulting-engineering firms offered a picture of the national trends that they see in the arena of transformational utility leadership. They discussed the shift from the basic focus on wastewater treatment to a much broader focus on the utility as a robust business enterprise. There was consensus that this transformation is not optional but is a necessity and there was also agreement about the need to inform the public about the critical value of water. The CEOs also focused on the need to provide customers with better service despite having fewer resources to do so, placing compliance and customer service on an equal footing, and focusing on a utility’s service as a brand that needs to be protected, projected, and enhanced. NACWA’s committees explored a number of key issues, with integrated planning/regulatory prioritization receiving significant attention. The committees also focused on nutrient-related issues, wet weather concerns, and utility of the future issues, among an array of others, all of which will be summarized via a Member Update in the coming weeks. NACWA thanks all the attendees, speakers, sponsors, and our host city, Philadelphia, for making this Summer Conference such a success. Presentations from the conference are available on NACWA’s website.
Facility and Collection Systems
NACWA, Members Inform Costco of Problems with “Flushable” ProductsNACWA sent a letter As stated in NACWA’s letter, “There are no requirements that products must meet to be labeled ‘flushable,’ and utilities believe that many products carrying this label do not disperse rapidly enough in the sewer system to prevent problems.” Studies of products found in lift station pumps have revealed that both products labeled as flushable and other products, such as paper towels, contribute to problems. Costco agreed that adding a “no flush” logo developed by INDA, the non-woven fabrics trade association, to products that are not meant to be flushed was possible, since their packaging will be updated soon. Members of the WEF Collection System Committee are currently working with INDA on revising INDA’s voluntary flushability guidelines, and when that effort is completed, it may offer more incentive to Costco and other retailers and manufacturers to ensure that their products are truly flushable or carry the “no flush” logo. NACWA will continue to work with APWA and WEF to educate Costco and other retailers about the problems created by certain products. Any NACWA members who are interested in this issue but did not previously join the NACWA-WEF discussion group on the topic are encouraged to contact Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Integrated Planning/Affordability
Money Matters Task Force Discusses Integrated Planning, NACWA Next StepsNACWA’s Money Matters Task Force met on July 10 via conference call to discuss EPA’s final integrated planning framework, released in mid-June, and to discuss next steps on implementation. Task Force members agreed that EPA’s changes to the framework were minor but generally positive. The addition of new language on adaptive implementation and an expanded financial capability discussion should provide needed clarity on the importance of these elements to any integrated planning effort. The Task Force also discussed the extent to which the clean water community has begun to use the framework. To date it is mostly being used in the enforcement context. NACWA is exploring potential Congressional funding to support a pilot program for communities interested in using the framework and to ensure state water agencies have the resources they need to review draft plans and is considering holding several regional workshops on integrated planning over the next year.
NACWA Letter Supports Atlanta Consent Decree ExtensionNACWA submitted a letter NACWA’s letter applauds the City, DOJ, and EPA for reaching agreement on the extension, which recognizes the significant investment already made by Atlanta in reducing sewer overflows, while acknowledging the substantial economic challenges facing the city and its ratepayers in completing the decree. The letter notes that the schedule extension strikes an appropriate balance between making sewer system improvements in a cost-effective, prioritized approach while also protecting public health and the environment. The agreement is also consistent with NACWA’s ongoing efforts to secure additional flexibility for clean water agencies in meeting their wet weather and Clean Water Act obligations pursuant to the Money Matters campaign.
Regulatory Review/Burden Reduction
NACWA to Provide Input to EPA on Mandated Reporting Requirement Burden ReductionNACWA is seeking input from its members on Clean Water Act or other EPA-mandated reporting requirements that could be streamlined or eliminated. EPA has been directed by the Office of Management and Budget, through a June 22 memorandum
Stormwater
EPA Announces New Schedule for Stormwater RulemakingEPA has established a revised schedule for its development of a new national post-construction stormwater rule. The new schedule calls for EPA to publish a draft version of the rule for public comment by June 10, 2013. The Agency will promulgate a final version of the rule by December 10, 2014. EPA has been working on the rule since late 2009 and originally was scheduled to release a proposal in September 2011, with a final rule by November 2012. The Agency’s progress on the rule, however, has been significantly delayed and the revised dates announced this week are consistent with recent EPA statements that a draft would not be available until next year. NACWA has been in close communication with EPA during the rulemaking process and will continue its aggressive advocacy as the rule moves forward.
White House to Hold Conference on Role of Green Infrastructure in Stormwater ManagementNACWA participated in a meeting with the White House Council on Environmental Quality on July 12 to discuss the Council’s plans to host a conference on green infrastructure and its role in municipal stormwater management, expected to take place sometime this September. The conference is likely to include members from the public and private sector, as well as federal government agencies involved in green infrastructure and stormwater issues. Although the conference agenda is still under development, it will likely address the merits of green infrastructure, financing options for green infrastructure projects, and how to remove some of the barriers to its implementation. Other organizations involved in the planning of the conference include the Water Environment Federation, the Association of Clean Water Administrators, American Rivers, and the Natural Resources Defense Council. NACWA will be providing recommendations for public agency and other participants in this conference and will update members on this initiative as more information becomes available.
Water Quality
NACWA Meets with EPA’s Water Science Office Chief on Water Quality Standards IssuesNACWA staff and the leaders of the Water Quality Committee met July 12 with Betsy Southerland, Director of the Office of Science and Technology (OST) in EPA’s Office of Water, and key OST staff to discuss a range of water quality standards issues, including recreational water quality criteria, ammonia, and nutrients. EPA is obligated to publish revised recreational water quality criteria by October 15, but the Agency is still working to address the large volume of comments they received on the proposed revisions released late last year. EPA’s proposal to maintain the criteria values from the 1986 criteria has received significant criticism from the environmental NGO community, and the Agency is redoubling its efforts to review the scientific information it has to see whether the data could support a more stringent value. EPA is also working to develop implementation guidance to help states when the criteria are released, something that NACWA has advocated for from the start. EPA’s forthcoming revision to the ammonia criteria is expected to have widespread impacts on the clean water community and the Agency has delayed release of the criteria to work on implementation guidance and a calculator tool to help with the development of site-specific criteria. EPA has no estimated date of release for the revised ammonia criteria, but it could be as early as this fall. On nutrients, EPA is advancing several efforts. Much of the Agency’s focus is on Florida, including reviewing Florida’s proposed nutrient criteria package that was submitted in mid-June and on developing a sound approach to using biological confirmation to supplement numeric values for nitrogen and phosphorus.
NACWA Files Reply Brief in Chesapeake Bay TMDL LitigationNACWA and its municipal partners submitted a reply brief A copy of the brief is available on NACWA’s Litigation Tracking page, where additional background information and documents in this case - including NACWA’s previous briefs - can also be found. The briefing process in the case is now complete and the court will likely schedule a hearing on the issues involved in the coming months.
NACWA Meets with GAO on Study to Review the TMDL Program’s EffectivenessNACWA met with Government Accountability Office (GAO) staff on July 12 to provide initial input into a GAO study on the status of long-established total maximum daily loads (TMDLs) and their effectiveness in helping to restore impaired waters. The report is being conducted at the request of Senator Ben Cardin’s (D-Md.) Water and Wildlife Subcommittee. The geographic scope will be nationwide and will explore TMDLs in all contexts, including nutrients, mercury, temperature, etc. The discussion ranged from issues associated with the lack of scientific rigor in the development of some TMDLs, the need for an adaptive management approach in implementing TMDLs, the complexity of point versus nonpoint concerns, the need to re-focus on use attainability analyses as a starting point, and the lack of resources at all levels of government to implement the TMDLs. GAO has just begun to develop the scope of this study and expects to have the report finalized by late spring or early summer of next year.
EPA Withdraws Proposed CAFO Reporting RuleEPA announced in a July 20 Federal Register notice In the notice of withdrawal, EPA explained that it would collect CAFO information using existing sources of information, including state National Pollutant Discharge Elimination System (NPDES) programs, other regulations, and other programs at the federal, state, and local levels. After proposing the rule, the Agency conducted a preliminary evaluation of available information from state permitting authorities, which informed their decision to withdraw the proposal. EPA also signed a Memorandum of Understanding (MOU) with the Association of Clean Water Administrators (ACWA) that will specifically focus on identifying CAFOs and assisting EPA with collecting information about CAFOs. NACWA will follow EPA’s information-collecting efforts and keep members informed of new developments. |
in NACWA v. EPA marks a significant step forward in NACWA’s challenge to the SSI rule. The lawsuit, initiated by NACWA last year, seeks judicial review of both the legal and technical basis for the rule and requests that the court vacate the rule as a violation of EPA’s authority under the CAA.