Member Pipeline - Clean Water Current - October 20, 2006
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for the Clean Water Currents ArchiveOctober 20, 2006
NACWA Joins with
Florida Utilities to Raise Concerns with Draft State Biosolids Rule
NACWA and several Florida public utilities met with officials from the state’s Department of Environmental Protection (DEP) urging changes to its draft biosolids rule. NACWA member agencies in Florida believe the draft rule’s provisions would create such an undue administrative burden that it would constitute a de facto ban on the land application of biosolids for the entire State. NACWA reiterated several key points made in a letter the Association sent to the DEP earlier this month (http://www.nacwa.org/private/reg_outreach.cfm), that while state biosolids management rules must account for local conditions, it is critical that land application remain a viable option for the state and nation’s public agencies and that state regulations must be supported by valid science.The Association also provided copies of a Sept. 15 letter (http://www.nacwa.org/private/reg_outreach.cfm) that U.S. EPA wrote to NACWA discussing the agency’s views of the current battle over land application taking place in Kern County, Calif. In this letter, U.S. EPA reiterated its continued support for land application as a scientifically sound biosolids management practice — a statement that supports NACWA and its member agencies’ position on the land application issue in Florida. NACWA also drew heavily from the Association’s Biosolids Management - Options, Opportunities and Challenges Handbook in the discussions with DEP officials and members. Copies of the Handbook are still available and can be ordered online (http://www.nacwa.org/pubs/).
NACWA Efforts Lead to EPA Support Letter for ORSANCO
NACWA received a letter this week from Benjamin Grumbles, EPA assistant administrator for water, expressing support for the efforts of the Ohio River Valley Water Sanitation Commission (ORSANCO) to develop new wet weather water quality standards. The letter, which was also addressed to ORSANCO, resulted from a meeting NACWA and ORSANCO had with Grumbles in late August, as well as subsequent communication between NACWA and EPA staff.NACWA has been encouraging EPA to support the efforts of clean water agencies, such as ORSANCO, that are addressing wet weather issues. This EPA letter represents a significant step forward in these efforts. In the letter, Grumbles states that “EPA believes…the establishment of wet weather standards is essential to achieving the ultimate goals of the Clean Water Act and the 1994 CSO Policy.” He also commends ORSANCO for its efforts, saying the progress demonstrates “that improved water quality and infrastructure investments that take into account the reality of wet weather conditions are not mutually exclusive.”
NACWA Nominates Experts
for EPA Workshop on Recreational Criteria Science Plan
NACWA provided EPA with a list of possible candidates this week for an upcoming experts workshop on recreational water quality criteria. In a conference call with stakeholders earlier this month, EPA expressed its interest in convening a balanced and diverse group of 20-40 national and international experts with a general understanding of historical practices/ perspectives and an interest in the exploration of innovative approaches to help the Agency craft a “science plan” for updating the existing recreational water quality criteria.The initiation of this effort comes on the heels of the Natural Resources Defense Council’s (NRDC) filing of legal action against EPA for its failure to, among other things, update its 1986 bacteria criteria. NACWA’s Board of Directors has approved the Association’s intervention in the NRDC case to ensure EPA has sufficient time to develop scientifically-based criteria and NACWA’s participation in the experts workshop will no doubt also be critical to the successful development of more meaningful criteria. In addition to the validity of the criteria, the workshop will explore the complications associated with wet weather flows, the relative risk to humans from various sources of pathogens, and other variables related to implementing recreational water quality criteria. The experts NACWA nominated represent three member agencies from the East Coast, Midwest, and Hawaii. NACWA will work with EPA staff as they make their selections. EPA is planning to convene stakeholders on this issue again this fall to further discuss the workshop, which is expected to take place in May or June of 2007.
EPA’s 2008 Listing
Guidance for Impaired Waters Creates New Mercury Category
Guidance released by EPA (http://www.nacwa.org/getfile.cfm?fn=2006-10-12epa.pdf) this week for listing waters that fail to meet standards under Clean Water Act Section 303(d) creates a new category of waters impaired by mercury and emphasizes a watershed approach for developing total maximum daily loads (TMDLs). The provisions in the 2008 Integrated Reporting Guidance may be of interest to NACWA members who discharge to waters impaired by mercury. The new 5(m) category provides a voluntary approach for listing waters impaired by the air deposition of mercury that acknowledges the complexity of dealing with this pollutant. NACWA has consistently argued that waters impaired predominantly by air deposition of mercury should be handled differently from other mercury-impaired waters and has supported the use of Category 4(b). Waters in this category do not require a TMDL if other programs, such as Clean Air Act controls, would better address the impairment. Waters listed in the 5(m) category would still require a TMDL, but it could be developed later in the schedule allowing time for other controls to take affect without having to make the same demonstration required under Category 4(b).NACWA members should ensure that their state regulators are aware of 5(m) category and the additional guidance that is provided on making Category 4(b) demonstrations. Both of these options allow time for the implementation of mercury controls under other environmental programs that will ultimately have more impact on water quality and free up resources for the development of TMDLs for other pollutants.
2007 Water & Wastewater
Leadership Center Now Accepting Applications
The Water & Wastewater Leadership Center is currently accepting applications for the 2007 session being held March 18–30, 2007, at the Kenan-Flagler Executive Education Center on the campus of the University of North Carolina at Chapel Hill. The deadline for applications is Dec. 15, 2006. Enrollment is limited, and those interested in attending are encouraged to submit their applications early.As a 12-day residential leadership development program, the center offers unlimited peer networking, online resources, relevant curriculum, and optional faculty mentoring. With its state-of-the-art facilities and exceptional faculty, the Leadership Center is consistently commended for the value it brings to its graduates and to the management of water and wastewater utilities. All NACWA member agencies will receive informational brochures and application materials soon. To obtain an application to the Leadership Center or for additional information, visit NACWA’s website (http://www.nacwa.org/meetings/leader/) or contact Kelly Brocato at 202/833-1449 or kbrocato@nacwa.org. Applications will also be available at the NACWA booth #3046 at WEFTEC, October 22-25, 2006, in Dallas.
Plan to Attend Upcoming
NACWA Events: WEFTEC Hot Topics Breakfast, Law Seminar
NACWA will continue its tradition of keeping its members up to date on the latest happenings in the clean water arena with two important events taking place in the coming weeks. First is NACWA’s annual Hot Topics Breakfast (http://www.nacwa.org/private/faxalerts/20060929se.cfm) to be held in conjunction with WEFTEC 2006, Tuesday, Oct. 24 in the Reunion A & B rooms at the Hyatt Regency in Dallas. It will feature key EPA policymakers and an in-depth discussion on succession planning. Next is NACWA’s 2006 Developments in Clean Water Law: A Seminar for Public Agency Attorneys & Managers (http://www.nacwa.org/meetings/06law) Nov. 15-17 in cooperation with the American Bar Association and the New England Water Environment Association at the Sheraton Boston in Boston, Mass. Plan to attend one or both of these important events. Visit www.nacwa.org for more information and to register.