Member Pipeline - Fax Alerts - May 5, 2006
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Clean Water Policy Forum
Highlights Cooperative Efforts, “Daily” Loads
The NACWA /Water Environment Federation (WEF) National Clean Water Policy Forum took place this week in Washington, D.C. and demonstrated the benefits to both organizations’ members of such strategic partnerships.Among the highlights of this week’s Forum was a signing ceremony of a Statement of Intent (http://www.nacwa.org/getfile.cfm?fn=2006-05-02UMGMTjs.pdf) formalizing a collaborative effort between six key water/wastewater sector organizations and EPA on behalf of effective water sector utility management initiatives. The executive directors of NACWA, WEF, the American Water Works Association (AWWA), the Association of Metropolitan Water Agencies (AMWA), the American Public Works Association (APWA), and the National Association of Water Companies (NAWC) signed the Statement of Intent, along with EPA’s Assistant Administrator for Water, Benjamin Grumbles.
In a joint press release (http://www.nacwa.org/advocacy/releases.cfm#nr) issued this week, Grumbles referred to the Statement of Intent as “an historic step forward in cementing our partnership on sustainable infrastructure.” In his Address at the Forum, Grumbles re-emphasized the need for groups like NACWA and WEF to focus on sustainability through cooperative, voluntary partnerships, while stating that EPA will remain focused on non-regulatory solutions to improve water quality. Importantly, Grumbles did note his appreciation for the cooperative work of NACWA and Natural Resources Defense Council (NRDC) in developing the peak excess flow guidance and confirmed his intent to finalize it as soon as possible, though no specific date was offered.
One issue that received significant attention at the Forum, was the recent U.S. Court of Appeals for the D.C. Circuit opinion in Friends of the Earth v. EPA, holding that the term “daily” in total maximum daily loads, does, in fact, mean “daily” (see last week’s FaxAlert at http://www.nacwa.org/private/faxalerts/20060428.cfm). In his remarks, Grumbles stated that EPA will be looking “at whether or not we can respond to the decision in a non-regulatory way, we will look at it to see if we need to revise our regulations on TMDLs, and we will also look at if the best approach is working with Congress on a targeted statutory change.”
To ensure that NACWA takes all necessary steps toward a sound approach to the TMDL case, the Association’s Board voted this week to provide funding from the Targeted Action Fund (TAF) for advocacy on all key potential fronts, including : 1) seeking Congressional support to amend the Clean Water Act’s TMDL definition; 2) preparing and filing a petition with EPA seeking to remove certain pollutants, which are unsuitable for daily loads, from the TMDL program; and 3) participating in any rehearing of the case before the DC Circuit or, given the new split of opinion on this very issue between the DC Circuit and the Second Circuit, perhaps before the U.S. Supreme Court. NACWA’s Legal, Water Quality and Regulatory Committees also provided strategic input into NACWA’s next steps on this case in pre-Forum meetings.
Emerging issues also received significant attention at the Forum, including utility preparedness in the event of a pandemic, such as avian flu, as well as well as a ramped-up effort to maximize the opportunity for increased funding in the 2008 Farm Bill to maximize nonpoint source pollution control. More details on the highlights from the Forum will also be made available via the May Clean Water News and the upcoming Regulatory and Legislative Updates.
NACWA thanks its members who participated in the Forum, who made Capitol Hill visits to voice the concerns of the clean water community to their Representatives and Senators, and to all the speakers and panelists who made this event a success.