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Member Update (MU06-05)

Member Pipeline - Member Services & Information - Update (MU06-05)

To: Members & Affiliates
From: National Office
Date: March 9, 2006
Subject: NACWA STANDING COMMITTEE & TASK FORCE UPDATES
Reference: MU 06-05

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Many of the Association’s standing committees met at NACWA’s Winter Conference, Improving Knowledge Management in Today’s Utility, January 31— February 3 in Palm Desert, California. This Member Update provides a summary of the highlights from this conference’s committee deliberations and key developments that will help inform NACWA’s strategic next steps on priority clean water issues. NACWA’s committees are the backbone of its advocacy efforts and the Association encourages your participation in them. To join NACWA committees, please e-mail kgray@nacwa.org or call Kendall Gray at 202-533-1801.

Air Quality Committee
Co-Chair, Edward Torres, Orange County Sanitation District, Fountain Valley, Calif.
Co-Chair, Greg Adams, Sanitation Districts of Los Angeles County, Whittier, Calif.

The Air Quality Committee discussed several regulatory developments that could impact publicly owned treatment works (POTWs), including the U.S. Environmental Protection Agency’s (EPA) proposed, more stringent particulate matter 2.5 standards and a likely new source performance standard for spark-ignited engines. The Principal Investigator, Jay Witherspoon with CH2M Hill, for two key Water Environment Research Foundation (WERF) projects provided brief overviews of its work to date on two key projects — one on biosolids process modifications for cake odor reduction and another on the minimization of odors and corrosion in collection systems. An issue that came up with regard to the POTW maximum achievable control technology (MACT) standard was also discussed. Specifically, a NACWA member was asked to provide information to verify that their facility was not an ‘industrial POTW’. Counsel for the NACWA member was present and discussed how the issue had been resolved and confirmed that a facility cannot by default be deemed an ‘industrial POTW’.

Another important issue discussed at the Committee meeting involved NACWA’s ongoing Targeted Action Fund (TAF) project to review EPA’s WATER9 Model. The WATER9 Model is designed to estimate air emissions from wastewater treatment plants and collection systems. The draft final report identifies a number of flaws with the way the collection system component of WATER9 was validated thereby affecting its ability to predict emissions. The Committee discussed potential next steps, including a meeting with EPA upper management, to point out the flaws and some potential follow-up work to collect the information necessary to adequately validate the model.

Biosolids Management Committee
Co-Chair, Robert Dominak, Northeast Ohio Regional Sewer District, Cleveland, Ohio
Co-Chair, Dave Taylor, Madison Metropolitan Sewerage District, Madison, Wis.

Tom Rosales, a representative from the South Orange County Wastewater Authority in Southern California, a NACWA member agency, was on hand to provide an overview of their agency’s biosolids story. South Orange County has explored a number of biosolids management options including landfilling, composting, and land application, and has continued to maintain a diverse suite of options for their solids management. With increasing costs and closer scrutiny of management practices, South Orange County has also committed to the National Biosolids Partnership’s Environmental Management System (EMS) program and has already completed approximately half of the EMS development process. Biosolids issues in Kern County, California continue to impact the management options available to a number of NACWA members in the southern portion of the state. Diane Gilbert, a representative from the City of Los Angeles provided the Committee with an update on the situation in Kern, including an upcoming ballot measure that could result in a ban on land application of biosolids from outside of Kern County.

The Committee also learned that EPA’s new sewage sludge survey, which will be sent to approximately 100 POTWs nationwide, has been delayed. Work on the study design continues and sampling may begin this spring, nearly a year after the target date. While the exact list of pollutants is not known, EPA will be looking at fewer than 30 contaminants, including the existing Part 503 metals and some microbials. The Committee closed its meeting with a brief discussion of an issue list prepared by the Co-Chairs that will guide the Committee’s activities over the coming years. Committee members were invited to review the list and provide comments on strategic initiatives in these areas.

Facility & Collection System Committee
Co-Chair, Karen L. Pallansch, Alexandria Sanitation Authority, Alexandria , Va.
Co-Chair, Martin Umberg, Metropolitan Sewer District of Greater Cincinnati , Ohio

The issue of blending continues to dominate the discussions of the Facility & Collection System Committee as EPA reviews the 62 comments it received on the peak wet weather flows policy proposed in December. The proposed policy is based on an agreement reached by NACWA and the Natural Resources Defense Council (NRDC) and presented to EPA in the fall.

While a final policy that moves the issue of blending out of the enforcement arena and into the permitting arena is a significant accomplishment, the Committee has an opportunity to turn the Agency’s focus back to sanitary sewer overflows (SSOs). EPA officials have long said that they would not look at SSOs until they finalized a blending policy. Initial statements by EPA officials indicate their desire for NACWA to team up again, with other organizations, to hammer out a policy for SSOs. This issue is also being discussed by the Legal Affairs Committee [see below].

So far, EPA has been reluctant to move forward in any substantive way on SSOs, and instead issued a “fact sheet” purporting to outline the Agency’s thinking on the subject and seeking comment. NACWA responded that the “fact sheet” was inadequate and that EPA needed to move forward with a formal rulemaking. Like with blending, committee members believe SSOs are best handled through the permitting process and not through enforcement. The committee agreed that it will look at options for addressing SSOs and develop NACWA’s strategic path going forward. One possibility is to consider having the collection system treated separately from the treatment plant for permitting purposes.

Adel Hagekhalil, NACWA’s collection systems issue leader, made a presentation about a draft California “statewide general waste discharge requirement” that would impose specific requirements on collection systems in an effort to establish a consistent approach to reducing SSOs. The Committee will continue to monitor this closely.

Legal Affairs Committee
Chair, Lisa E. Hollander, Northeast Ohio Regional Sewer District, Cleveland, OH
Vice Chair, Terry J. Satterlee, Little Blue Valley Sewer District, Independence, MO

The three Clean Water Act (CWA) cases that were slated for argument on February 21, 2006 before the U.S. Supreme Court were the topic of discussion at the Committee meeting: Rapanos v. United States (U.S.); Carabell v. U.S. Corp. of Engineers; and S.D. Warren v. Maine Board of Environmental Protection. The first two cases concern the scope of the CWA’s jurisdiction over intrastate wetlands. The third case concerns the scope of the term “discharge” for purposes of CWA § 401’s state water quality certification requirements. The Committee received a detailed analysis of the three cases, which was distributed simultaneously to the membership via Legal Alert 06-2.

The Committee discussed how, collectively, the Court’s consideration of these cases could result in landmark decisions defining the scope of the CWA’s jurisdiction as it relates to intrastate wetlands and CWA § 401 certification requirements. The Rapanos and Carabell cases could further clarify the “significant nexus” test for defining federal jurisdiction over isolated, intrastate wetlands that was set forth by the Court in Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers in 2001. The Court’s ruling may also clarify the CWA’s jurisdiction over non-navigable tributaries to waters of the United States. The S.D. Warren case could clarify whether the “addition of a pollutant” test for defining a “discharge” under CWA § 402 that was set forth by the Court in South Florida Water Management District v. Miccosukee Indian Tribe in 2004 similarly applies to the term “discharge” in CWA § 401, and therefore does not encompass the movement of natural, untreated water within one water body. Because of the potential impacts of the Court’s decisions, these cases have received an unprecedented array of attention from industrial, municipal, governmental, and environmental entities, as well as lawmakers, ecologists, and former U.S. EPA administrators. The Court is expected to issue its decisions before the end of the 2006 term.

The Committee also continued the discussion started during the Facility and Collection Systems Committee meeting regarding the various ways to move forward with a federal SSO regulation. In particular, the Committee discussed the need to complement existing state collection system permitting programs, and the possibility of working with environmental activist groups on a negotiated rule. The Committee also explored the unique legal challenges associated with permitting satellite collection systems, many of which were reviewed in detail in NACWA’s SSO Legal Issues White Paper (see Legal Alert 04-1).

A discussion of recent trends in the permitting and consent decree arenas concluded the Committee’s dynamic meeting. In particular, the group heard about the City of Indianapolis, IN’s newly issued wet weather facility permit. This permit is posted in NACWA’s Legal e-Library under “permits” for member review (see http://www.nacwa.org/private/legforms/permits.cfm).

Finally, the group was encouraged to make plans to attend NACWA’s 2006 Developments in Clean Water Law Seminar, which will be held November 15-17, 2006 at the Sheraton Boston, Massachusetts.

Legislative Policy Committee
Chair, Marian Orfeo, Massachusetts Water Resources Authority, Boston, Mass.
Vice Chair, Kevin Shafer, Milwaukee Metropolitan Sewerage District, Milwaukee, Wis.

NACWA members who attended the Legislative Policy Committee had an opportunity to discuss recent legislation of interest to POTWs including the NACWA-supported Clean Water Trust Act of 2005 (H.R. 4560). NACWA attendees were given advance notice of an upcoming NACWA Legislative Alert which will provide members with an easy to use sample letter to facilitate contact with Representatives to urge them to cosponsor H.R. 4560. Members also were provided with overviews of two bills related to wastewater security, the Chemical Facility Anti-terrorism Act of 2005 (S. 2145), which NACWA asked its members to comment on via Legislative Alert 06-02, and the Wastewater Treatment Security Act of 2005 (S. 1995).

NACWA’s plan to become more active in the upcoming debate on the reauthorization of the Farm Bill generated an enthusiastic response. NACWA will be preparing a primer on the current Farm Bill and will be seeking input from members on how NACWA can ensure that the money distributed through the Farm Bill’s conservation programs can help achieve water quality goals.

Pretreatment and Pollution Prevention Committee
Chair, Bennett Horenstein, East Bay Municipal Utility District, Oakland, California

The Pretreatment and Hazardous Waste Committee discussed the final Pretreatment Streamlining Rule, issued by EPA in October 2005, and certain implementation issues associated with it. Members discussed their utilities’ experiences with pretreatment program modifications needed to implement elements of the new rule. Virginia, for example, has to go through a formal rulemaking process in order to allow municipalities to implement the new federal rule’s provisions — a step that could take up to two years. EPA Region V has instructed clean water agencies to hold off on making any changes until their respective states have taken action, while Ohio has already proposed a rule that mirrors the national rule.

The Committee also discussed the EPA proposal accompanying the final streamlining rule that sought to expand the list of pollutants eligible for removal credits. NACWA commented that the obscure provision has largely not been used and that the decision to grant such a credit should be made by the local authority. The primary concerns are that any pollutants removed during the treatment process would end up in the biosolids, not that they would pass through or interfere with the treatment process. One member said an industry in that city was granted a removal credit as an incentive to locate in that area.

NACWA has been working with EPA on updating the 50 POTW Study done in 1982. The Association’s main concern is to ensure that the POTWs selected for the study are representative of the types of facilities and treatment technologies currently in use. NACWA will send EPA a letter describing how the Association would like to be involved in the study and outlining its ideas for the process of selecting facilities. Currently, EPA is thinking of looking at data from approximately 10 facilities, not the 50 originally studied, because of resource constraints.

The Committee also discussed the growing issue of emerging pollutants, including a possible collaboration with the Product Stewardship Institute (PSI) in Boston on a nationwide take-back program for pharmaceuticals. NACWA members are of mixed mind on this issue with some questioning whether it is wise to devote resources to taking back pharmaceuticals when other contaminants may be of greater concern. The Association is awaiting more information from PSI.

Meanwhile, NACWA plans to send a letter to EPA regarding its concerns about a new washing machine that promises to disinfect clothing by adding silver ions during the wash cycle. POTW operators are concerned about discharges from these machines, as well as the more general issue of adding pesticides to clothing, and resulting impacts on water quality.

Guy Aydlett, the long-time chair of the Pretreatment and Hazardous Waste Committee, recently announced his retirement. NACWA greatly appreciates his dedicated service. In addition, the committee discussed changing its name to the Pretreatment and Pollution Prevention Committee, a change that will be considered by NACWA’s president. Most agreed this name more accurately reflected the goals of the committee and of the pretreatment program as a whole. It was also announced that the 2006 Pretreatment and Pollution Prevention Workshop would be held in New Orleans.

Regulatory Policy Committee
Chair, Ray Orvin, Western Carolina Regional Sewer Authority, Greenville, S.C.
Vice Chair, Steve Pearlman, Metro Wastewater Reclamation District, Denver, Colo.

The Regulatory Policy Committee meeting began with a discussion following up on the workshop held on Monday, January 30, with representatives from the Water Environment Research Foundation (WERF) and NACWA. The workshop continued a discussion started in January 2005, during which NACWA and WERF committed to improve coordination of their efforts with regard to identifying research needs of the wastewater treatment community. The 2006 workshop highlighted WERF’s new Program Directed Research process and how WERF subscribers and NACWA could best engage in that process. The Regulatory Policy Committee identified two follow-on activities for its next meeting, including the nomination of NACWA representatives to each of WERF’s six subscriber committees, and the modification of NACWA’s policy and procedures for approving Targeted Action Fund (TAF) projects to better leverage the funds available through WERF’s Cooperative Research Program.

Following reports from the Chairs of each of NACWA’s Standing Committees and Regulatory Policy Workgroups, the Regulatory Policy Committee considered two Targeted Action Fund (TAF) project requests. The first request of $10,000 for Fiscal Year 2006 from the Utility Management Committee would be used to support NACWA’s ongoing participation in an effort to develop management standards for wastewater systems by the International Organization for Standardization. The second request of $10,000 for Fiscal Year 2006 from the Legal Affairs Committee was for an update to the 2003 Wet Weather Consent Decree Handbook. Since the Handbook’s release, new state and federal wet weather consent decrees have been signed. This money would be used to develop a companion paper to the Handbook providing an overview of these new agreements. The Committee approved both requests which were later approved by the NACWA Board of Directors.

Security and Emergency Preparedness Committee
Chair, Robert C. Steidel, City of Richmond Department of Public Utilities, Richmond, Va.

The Security and Emergency Preparedness Committee had a full agenda beginning with a discussion of NACWA’s participation in the Water Sector Coordinating Council. Currently, on the Council’s agenda is a review of a draft of the National Infrastructure Protection Plan (NIPP) developed by the Department of Homeland Security (DHS). This document was required by Homeland Security Presidential Directive-7 (HSPD-7). Each of the 14 critical infrastructure sectors, including water and wastewater, will also comment on EPA-developed Sector Specific Plans (SSPs), which is intended to support the NIPP.

A discussion of Wastewater Security legislation was also included on the Committee’s agenda. Two bills have been introduced in Congress relating to security. The bipartisan Chemical Facility Anti-Terrorism Act of 2005 (S. 2145) would provide would give DHS authority to establish risk-based criteria to determine which chemical facilities are vulnerable to terrorist attack and to establish security standards for those facilities. The Wastewater Treatment Works Security Act of 2005 (S. 1995) mandates all wastewater treatment plants conduct vulnerability assessments, develop site security and response plans, and consider alternatives to high-risk treatment methods.

The Committee also discussed an EPA grant funding matrix that provides information on available grants for states and localities that want to implement security measures. NACWA has also been involved in an effort to support the development of mutual aid networks, particularly in the wake of the Hurricanes Katrina and Rita. These networks would allow utilities to share resources in the event of a natural disaster or other emergency.

The Committee also heard an update on the latest series of security-related tools, including NACWA’s work on the upcoming Chlorine Gas Decision Tool and the recently released Planning for Decontamination Wastewater: A Guide for Utilities.

Utility Management Committee
Chair, Jon Schellpfeffer, Madison Metropolitan Sewerage District, Madison, Wis.
Vice Chair, Tim Houghton, City and County of Honolulu Dept. of Environmental Services, Hawaii

The Utility Management Committee discussed the resultsof NACWA’s recently released 2005 Financial Survey. The 2005 Survey is the most comprehensive financing and management survey ever undertaken by NACWA. Like previous surveys, the 2005 Survey presents industry statistics and trend data on utility revenues, expenses, debt financing, capital needs, sewer service charges, residential and industrial rates and rate structures, staffing levels, and salaries. In addition, the 2005 Survey expands on this baseline of data and presents new information on the status of asset management programs, financial statement data, the status of security-related programs, staff licensing requirements, and energy use and costs. All NACWA members will receive a complimentary copy of the survey, which is on an easy-to-use CD.

Part of the 2005 Financial Survey, and soon-to-be published separately, is the NACWA Index. The Utility Management Committee discussed how these charges are outpacing the rate of inflation and discussed possible coordination with NACWA’s Communication and Public Relations Committee to better relay this information to policy makers and other key stakeholders. Other discussions during the meeting focused on sector-wide efforts on utility management and the draft international standard that is expected in April 2006 on the service activities associated with wastewater treatment.

Water Quality Committee
Chair, Norm LeBlanc, Hampton Roads Sanitation District, Virginia Beach, Va.
Vice Chair, Keith Linn, Northeast Ohio Regional Sewer District, Cleveland, Ohio

Richard Meyerhoff, the research manager for the Arid West Water Quality Research Project, provided the Water Quality Committee with an update on the project’s accomplishments to date, as well as some of its ongoing activities. Funded through an EPA grant, the project is designed to improve the scientific basis for regulation of water quality and protection of species, habitats, and uses of effluent-based and ephemeral water in the arid West. Initiated in 1995, the project has generated a significant amount of data. While current funding for the project ends in the Fall of 2006 and existing work will be completed, the project managers are looking for additional funding sources to perform follow-up studies.

The Committee discussed a number of NACWA Targeted Action Fund projects that have recently concluded, including the development of a white paper on whole effluent toxicity and the completion of the handbook on use attainability analyses, a joint effort with the WERF. Analytical methods including a possible revival of EPA’s efforts on performance-based measurement, and the ongoing Federal Advisory Committee work on detection and quantitation levels were also discussed.

Norm LeBlanc, Committee Chair, expressed his interest in forming a cross-cutting workgroup to track and explore the “hot-topic” arena of emerging pollutants. He solicited volunteers to participate on the workgroup and will be working with NACWA staff to formalize the workgroup in the coming months.

Clean Water Funding Task Force
Chair, Paul Pinault, Narragansett Bay Commission, Providence, R.I.
Vice Chair, Suzanne Goss, JEA, Jacksonville, Fla.

Legislative strategy and grassroots activities in support of House Resources and Environment Subcommittee Chairman John J. Duncan’s clean water infrastructure funding bill, the Clean Water Trust Act of 2005 (H.R. 4560), were the focal points of the February 2, Task Force meeting. NACWA members and staff discussed possible approaches Congress might take to identify a ‘user fee’ to fund the bill. After staff presented an overview of the activities surrounding NACWA’s joint effort with other organizations to recruit cosponsors onto the bill, Task Force Chairman Paul Pinault asked that NACWA member POTWs be kept apprised of House visits being scheduled with NACWA member representatives. NACWA discussed its ongoing effort to recruit additional national organizational support for the bill, with letters of conditional support having been sent shortly after the committee meeting to Chairman Duncan by both the environmental community and the construction labor unions.

Task Force members received new Clean Water America promotional and marketing materials and were encouraged by the growing list of citizens and local and regional organizations signing up in support of the Clean Water Trust Act of 2005 on the Clean Water America website. The Task Force will continue to raise funds in 2006 for educational and advocacy efforts in support of Chairman Duncan’s trust fund bill.