Member Pipeline - Clean Water Current - December 8, 2006
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for the Clean Water Currents ArchiveDecember 8, 2006
NACWA Files Reply Brief in Supreme Court Regarding TMDL Case
NACWA submitted a reply brief Dec. 8 to the U.S. Supreme Court in Friends of the Earth v. EPA, responding to a brief filed last month by EPA opposing review of the case. NACWA’s reply brief reiterates our support for High Court review of the D.C. Circuit ruling that all total maximum daily loads (TMDLs) must be expressed in daily terms only, and challenges EPA’s assertions that the recently issued Agency guidance on TMDLs is sufficient to resolve the legal uncertainty created by the D.C. Circuit decision. The NACWA brief states that review is necessary because of the current split between the D.C. Circuit and Second Circuit over the meaning of the word “daily” in TMDLs and because the recent EPA guidance memorandum “fails to resolve the significant legal uncertainty created by the circuit conflict, is contrary to EPA’s existing regulations, and will trigger additional litigation.” The brief further states that EPA’s guidance “exacerbates rather than solves the controversy over the conflict between the circuits,” thus creating a need for Supreme Court review.NACWA is supporting its member agency the District of Columbia Water and Sewer Authority (DC WASA) in requesting Supreme Court review. The Supreme Court will make a decision whether to review the case by January 5, 2007. A copy of NACWA’s filings in this case may be found on the Litigation Tracker webpage (http://www.nacwa.org/private/littrack/#friends) and the reply brief will be available on this website next week.
NACWA Works with EPA on Experts Panel to Guide Recreational Use Criteria Research
NACWA and several member agency representatives met with EPA Dec. 5 to help define the scope of a March 2007 Experts Workshop and identify key issue areas for the development of new recreational water quality criteria. Many of the stakeholders, including NACWA and several state representatives, discussed with EPA their frustration regarding the Agency’s 1986 criteria for bacteria and the lack of implementation guidance. The timing of EPA’s effort appears to be related to a lawsuit filed by the Natural Resources Defense Council (NRDC) in August over the Agency’s missed deadlines under the Beaches Environmental Assessment and Coastal Health (BEACH) Act for setting recreational water quality standards and for failing to update its 1986 bacteria criteria. The Dec. 5 meeting did demonstrate, however, that EPA is interested in moving forward with the critical research and policy work needed to develop scientifically sound recreational water quality criteria that can be applied to a wide range of Clean Water Act (CWA) programs and lead to improved protection of human health. Participants generally agreed the expert panel should consider a range of options, including the possibility of a “toolbox” of multiple criteria and fecal indicators. This toolbox would apply to other CWA applications, including National Pollutant Discharge Elimination System (NPDES) permitting, and allow for different criteria for different water types.EPA said it does not expect this process to result in a set of consensus recommendations for moving forward, but believes it will help the Agency set its research and criteria development agenda for the next three to five years. Follow-up after the 2007 Experts Workshop will be critical to ensure EPA moves forward with the development of a plan. NACWA views the makeup of the panel of experts at the 2007 Workshop to be critical and has nominated several clean water agency representatives to serve. EPA expects to announce the list of experts by the end of the month. Presentations from the Dec. 5 meeting are available on NACWA’s website (http://www.nacwa.org/private/reg_outreach.cfm) and the Association will alert the membership to any developments on this issue.
NACWA Attends EPA Forum on Watershed Approaches to Utility Management
NACWA participated in a forum Dec. 4-5 to help EPA examine ways to better participate in watershed approaches to utility management. The forum proved to be a timely discussion of watershed issues in advance of next week’s NACWA Strategic Watershed Agenda Action Planning Session in Kansas City, Mo. (http://www.nacwa.org/private/membcomm/memupdate/mu06-25.cfm). Although NACWA was invited to attend the EPA forum as an observer, a number of NACWA’s member agencies were asked by EPA to participate and present case studies, including the Philadelphia Water Department (Pa.), Sanitation District No. 1 (Ky.), San Antonio Water System (Tex.), Portland Bureau of Environmental Services (Ore.), and Clean Water Services (Hillsboro, Ore.). Participants discussed ways for EPA to promote a holistic, watershed approach for utility management and to assist utilities in making the case for the cost-effectiveness of local and regional watershed approaches. The forum produced a number of important ideas and areas of study for furthering the use of watershed planning in utility management. A final report outlining the forum’s work will be published in the coming weeks. NACWA will make this report available to its members .Final Draft Plan for Water Sector Security in Last Stages of Review
EPA has made available the final draft Sector Specific Plan (SSP) for the water sector, which is currently going through final review by the Water Sector Coordinating Council (WSCC) and the White House. NACWA is represented on the WSCC and has also been actively involved in commenting on the SSP throughout the development process. The SSP has two primary audiences, the Department of Homeland Security (DHS), which will use the plan to develop programmatic and funding priorities across all sectors, and water sector utility managers, who can use it as an informative tool that can shed light on their security management programs and planning efforts. Barring any unforeseen major concerns the WSCC or the White House may have with the plan, the document is expected to be completed by the end of December. NACWA will make it available to members upon its final release by EPA.Hotel Cut-Off for NACWA’s 2007 Winter Conference Is Jan. 8, 2007
The hotel cut-off — January 8, 2007 — for NACWA’s 2007 Winter Conference, Global Trends Impacting Public Utilities . . . The Rising Cost of Clean, being held Jan. 30-Feb. 2, in St. Petersburg, Fla., is rapidly approaching so call the Renaissance Vinoy today at 1-888-303-4430 to receive the special room rate of $229 per single/double. With the holiday season around the corner, we recommend that you take the time now to book these rooms! Also, the posted agenda now includes detailed speaker and panel information, with top experts from around the country who will explore the many global and national financial trends that are increasing the cost of running public utilities. Whether increases in the cost of labor, energy, construction materials, staffing or other critical needs, public utility managers know they will continue to face growing challenges that demand innovative responses. Stricter environmental regulations, consent decrees, and other mandates only add to the level of uncertainty regarding how far the municipal dollar will go. Don’t miss this important conference. Attire is business casual, and registration and the posted agenda are now available on NACWA’s website (www.nacwa.org/meetings/07winter).Dec. 15 Deadline Nears for 2007 Water & Wastewater Leadership Center – Apply Today!
A few spaces are still available for the 2007 Water & Wastewater Leadership Center residential program, 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 December 15, 2006. To learn more about this unique executive leadership program visit http://www.nacwa.org/meetings/leader/ or contact Kelly Brocato, Program Manager, at 202/833-1449 or kbrocato@nacwa.org.