Member Pipeline - Fax Alerts - September 16, 2005
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for the FaxAlert ArchiveSeptember 16, 2005
NACWA Urges EPA to
Abandon Fact Sheet on SSOs, Create Consistent National Rule
NACWA sent a letter (http://www.nacwa.org/advocacy/co/2005-09-13grumbles.pdf) to Benjamin Grumbles, EPA’s Assistant Administrator for Water, earlier this week addressing the Agency’s Fact Sheet and Model Permit Language (FS/MPL) regarding sanitary sewer overflows (SSOs). In its letter, NACWA voiced specific concerns about the Agency’s FS/MPL approach citing that it undermines the importance of a nationally consistent program and standard for SSOs; advances a zero overflow standard without stating how existing National Pollutant Discharge Elimination System (NPDES) defenses apply; fails to account for unavoidable overflows; fails to link capacity, management, operation, and maintenance (CMOM) implementation to an overflow defense; eliminates public participation and comment; and, does not address other critical areas of concern such as discharges that do not reach navigable waters, basement backups, and requirements for Peak Excess Flow Treatment Facilities.The Association believes the FS/MPL approach abandons years of rulemaking efforts and instead asserts that complex, core elements of EPA’s 2001 draft SSO rule are already required by existing NPDES regulations. NACWA believes that if the FS/MPL is finalized it would short circuit years of rulemaking and stakeholder input, ignore new EPA information on sewer overflows, and fail to address many complex SSO issues. A critical issue underlying EPA’s FS/MPL approach is whether the Agency can legally require CMOM for collection systems or issue NPDES permits to satellite collection systems without a rule. NACWA urged EPA to turn its efforts away from the FS/MPL approach and resume work on a SSO rule that will provide a consistent national policy on these overflows. The Association will continue to work with the Agency to ensure a national SSO rule is established, and this issue will be a focus of the Regulatory Policy Strategy Session at next week’s Leadership Retreat in Washington, D.C.
NACWA Puts Finishing Touches on
Trust Fund Legislation, Looks to Recruit Co-Sponsors
NACWA, through its Clean Water Funding Task Force, has finalized the Clean Water Trust Act of 2005. The final draft bill comes after 18 months of meetings and negotiations among stakeholder groups, including national and regional, conservation and environmental organizations, and representatives from wastewater utilities and industry. The Act makes several important changes to how the federal government provides financial assistance to municipalities for clean water infrastructure. The Trust Fund is funded at $37.25 billion over five years, and is dedicated to meeting a broad range of needs to help meet the nation’s clean water infrastructure challenges. The Act establishes a dedicated revenue source for the Trust Fund, consisting of an excise tax on flushable products and a Clean Water Restoration Fee. The Act also establishes a new program to provide $4.5 billion per year in grants to local wastewater systems and increases funding to EPA’s existing Clean Water State Revolving Fund (CWSF) program to $1.5 billion per year. Additionally, the bill provides $1.25 billion for targeted programs including technology, utility management, assistance to states, fisheries enhancement, nonpoint source control and regional programs.NACWA plans to build support for the legislation from national, regional, state and local organizations and from individual citizens through the Clean Water America website (www.cleanwateramerica.org). Organizations that wish to be listed as supporters of the draft bill should contact NACWA’s Lee Garrigan at 202/833-4655 or lgarrigan@nacwa.org. NACWA anticipates introduction of the bill in the House before Congress adjourns this fall and is in the process of identifying and garnering the support of congressional sponsors. For more information, refer to Legislative Alert 05-5 (http://www.nacwa.org/private/legreg/legalrts/la05-5.cfm).
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