NACWA Member Update MU05-09

Many of the Association’s standing committees are scheduled to meet at NACWA’s upcoming Summer Conference, Wastewater Conveyance and Treatment…Navigating an Uncertain Regulatory Environment, July 19-22, 2005 at the Westin in Hilton Head, South Carolina. This Member Update provides a summary of May 2005 committee deliberations and any recent developments that will help enhance committee discussion in July. 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 info@nacwa.org or call 202-833-2672.

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

At their May meeting, the Air Quality Committee discussed several issues that could impact publicly owned treatment works (POTWs), including the U.S. Environmental Protection Agency’s (EPA) March 9, 2005 Inspector General Report titled Substantial Changes Needed in Implementation and Oversight of Title V Permits If Program Goals Are To Be Fully Realized. Discussion focused on the report’s recommendation that EPA identify monitoring deficiencies in state implementation plans and the Agency’s subsequent agreement to issue more effective guidance on monitoring. The Committee also focused on EPA’s proposal to amend the 8-hour ozone standards to allow for more flexibility for utilities, while still meeting the goals of the Clean Air Act. Also discussed was an EPA revised guidance document for the Title VI program, specifically aimed to increase public involvement in the process.

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 Committee was provided with a presentation on the outcome of Tasks 1 and 2 of the project. Task 1 included an in-depth literature review of published data on emissions from wastewater collection, storage, treatment, and disposal facilities. Task 2 evaluated the algorithms and codes in WATER9 that are resulting in varying predictions of emissions. Significantly, based on the data collected to date, the contractor is working to develop a white paper for NACWA members to use as an advocacy piece when dealing with air permitting authorities on air emission modeling issues. This piece is expected to be completed in early August.

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

With the completion of the decade-long Interagency Steering Committee on Radiation Standards’ (ISCORS) effort to evaluate radioactivity in biosolids, Dave Taylor, Committee Co-Chair, provided an overview of ISCORS’s findings and recommendations at the Biosolids Management Committee Meeting in May. Though ISCORS is not recommending any regulatory limits for radioactive materials in biosolids, its POTW recommendations document suggests a process for POTWs to assess their biosolids. Taylor also noted that NACWA’s Regulatory Alert 05-04 highlights the key components of the recommendations document (see http://www.nacwa.org/private/regalerts/ra05-04.cfm). Bob Dominak, Committee Co-Chair, and a new member of the National Biosolids Partnership (NBP) Steering Committee, reported on the activities of the NBP's environmental management systems (EMS) program for biosolids as well as new projects designed to enhance the recruitment of additional POTWs into the EMS program. The NBP now has 80 participating agencies. The Committee was also updated on NACWA’s advocacy efforts to ensure funding for the program is included in Congress’ fiscal year 2006 budget package.

The Committee also learned that EPA’s new sewage sludge survey was being revised based on peer review comments and would be sent out to approximately 100 POTWs in time to begin sampling in mid-July. While the exact list of pollutants is not known, EPA will be looking at fewer than 15 contaminants, including some microbials. It is likely that EPA is using a more sensitive method for some of the microbials than it has previously used — something NACWA will be watching closely.

Bob Dominak made available copies of the white paper he prepared on the results of the recently completed survey on Total Hydrocarbon/Carbon Monoxide (THC/CO) Continuing Emissions Monitoring Systems (CEMS) for biosolids incinerators (see Regulatory Alert 05-05 at http://www.nacwa.org/private/regalerts/ra05-05.cfm). The paper will be used to initiate discussions with EPA on the difficulties many agencies with incinerators are having with their CEMS and to explore ways of alleviating these problems. The Biosolids Management Committee will meet next on Tuesday, July 19, from 1:00-2:15pm at NACWA’s Summer Conference.

Facility & Collection System Committee (formerly the Wet Weather Issues Committee)
Co-Chair, Karen L. Pallansch, Alexandria Sanitation Authority, Alexandria , Va.
Co-Chair, Martin Umberg, Metropolitan Sewer District of Greater Cincinnati , Ohio

Since its meeting in May, the Wet Weather Issues Committee has been re-named the Facility and Collection System Committee to better account for both wet and dry weather issues as well as the increasing focus on collection systems. Despite the name change, one issue has remained in the spotlight — blending. The Committee’s focus in May was on NACWA’s active involvement on Capitol Hill on the blending issue, including its participation in a briefing on the issue for Congressional staff on March 17 and a hearing before the Subcommittee on Water Resources and Environment on April 13. NACWA contributed to both the briefing and hearing and has redoubled its efforts on Capitol Hill to ensure key members of Congress have the facts on blending. Critically, since the Committee meeting in May, EPA has officially tabled its November 2003 blending guidance has begun discussing a “no feasible alternative” approach to the blending issue. In light of EPA’s activity, the Facility and Collection System Committee, will be taking a leading role in charting NACWA’s path forward and potentially developing recommended next steps for EPA on this important issue.

Jodi Perras, Deputy Program Manager, Public Outreach, Indianapolis Clean Stream Team, provided an overview of Indianapolis’ efforts to increase public participation during development and implementation of the city’s combined sewer overflow (CSO) long-term control plans (LTCP). A key component of the outreach program was evaluating the community’s willingness to pay for certain overflow control options and evaluating their expectations for the community’s waterbodies.

Marty Umberg, Committee Co-Chair, provided an update on NACWA’s efforts to develop a model SSO regulation. This TAF project is nearing completion and will be brought to the NACWA Board for consideration during its July 2005 meeting. The primary component of this effort is to illustrate how a collection system permitting program based on a capacity, management, operation, and maintenance standard could be accomplished. The SSO Workgroup and its contractor also developed a database of existing state programs that should be available to members soon.

The most interesting development related to SSOs was a new ‘fact sheet’ developed by EPA and released for comment at a meeting of the Association of State and Interstate Water Pollution Control Administrators (ASIWPCA). While only a draft, the document is garnering a significant amount of attention. The ‘fact sheet’ asserts that many of the major provisions from the draft SSO Rule from January 2001, which was never published, are already mandated by the standard permit conditions in 40 CFR Part 122, including reporting of SSOs, development of a capacity, management, operations, and maintenance (CMOM) plan, and a requirement that satellite collection systems (those systems that do not treat wastewater) are required to have a discharge permit if they have their SSOs have the potential to discharge to waters of the United States (See also above Legal Affairs Committee summary). NACWA will be following up with the Agency on the document and will provide additional information as it becomes available.

The Facility and Collection System Committee will meet on Tuesday, July 19 from 4:00 - 5:30pm at NACWA’s Summer Conference.

Legal Affairs Committee
Chair, Lisa Hollander, Northeast Ohio Regional Sewer District, Ohio
Vice Chair, Terry Satterlee, Little Blue Valley Sewer District, Mo.

In May, the Legal Affairs Committee held a dynamic meeting in which key EPA personnel provided insights into the Agency’s approaches to wet weather permitting, enforcement, and blending. Most notably, EPA’s Sanitary Sewer Overflow (SSO) Program Manager, Kevin Weiss, reviewed the Agency’s March 2005 draft fact sheet on National Pollutant Discharge Elimination System (NPDES) permit conditions for collection systems over which the treatment plant has jurisdictional control. The Committee members expressed concern with the fact sheet’s very short discussion of NPDES permitting for satellite collection systems. In response, Weiss acknowledged the complexity of permitting satellite systems, and reported that the Agency expects to focus more directly on satellite system permitting issues in a separate effort. Weiss then clarified that the March draft fact sheet was designed to outline those collection system requirements that EPA currently can enforce for publicly owned treatment works (POTWs), and which the Agency believes can be advanced under current regulations without rulemaking. For example, Weiss noted that since 25 states already require electronic reporting of SSOs, NPDES permits should include processes for immediate reporting and third-party notification of SSOs. The Committee plans to discuss a response to the fact sheet at its Summer Conference meeting.

The Committee then heard from David Burchmore, a partner with NACWA Legal Affiliate Squire, Sanders & Dempsey, LLP in Cleveland, Ohio, on developments in the blending litigation before the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit). Subsequent to the Committee meeting, the DC Circuit upheld the lower court’s finding that regional anti-blending guidance documents are not “final agency actions” subject to court review. In the wake of this decision and EPA’s recent tabling of its November 2003 blending guidance, the Legal Affairs Committee will be providing significant input into NACWA’s next steps on blending, especially regarding its legal strategy.

Burchmore provided the Committee with highlights of a recent consent decree on SSOs and combined sewer overflows (CSOs) entered into by the Louisville & Jefferson County Metropolitan Sewer District (MSD), Kentucky. According to Burchmore, a unique aspect of MSD’s federal decree is the fact that it leaves many key implementation decisions clearly within the control of the MSD and the State.

The Committee then reviewed an April 2005 memorandum concerning federal/state interaction in wet weather enforcement cases jointly issued by the Environmental Council of the States (ECOS) and EPA’s Office of Enforcement and Compliance Assurance. While frequently restating existing information, the memorandum’s strong case for federal involvement in most wet weather enforcement actions was the subject of extensive discussion by the Committee and is of great concern to NACWA members.

The Committee meeting concluded with a reminder that NACWA’s 2005 Developments in Clean Water Law Seminar will be held from November 9 to 11 in Santa Fe, NM. The Committee meets next in Hilton Head, SC on July 19, 2005 from 2:00 – 4:00 pm during NACWA’s 2005 Summer Conference.

Pretreatment & Hazardous Waste Committee
Chair, Guy Aydlett, Hampton Roads Sanitation District, Virginia Beach, Va.
Vice Chair, Ben Horenstein, East Bay Municipal Utility District, Oakland, Calif.

In May, NACWA's Pretreatment and Hazardous Waste Committee discussed several NACWA initiatives that will likely be completed this year. The greatest attention was paid to EPA’s anticipated release of a final Pretreatment Streamlining Rule, expected to be signed by the end of June or beginning of July. The Committee highlighted recent NACWA efforts in support of a meaningful rule that would benefit all Association member pretreatment programs. As this Member Update is being forwarded, EPA was preparing to send the final version of the rule to the Office of Management & Budget (OMB) for review. NACWA anticipates a swift review by OMB. The Committee also focused on the need for NACWA to continue to monitor EPA activity in the effluent limitations guidelines (ELGs) program, noting particular Association interest in conducting a new “50 POTW Study,” which forms the technical basis for ELGs.

Potential opportunities to work together with other Committees on SSO issues, especially the contributions of fats, oils, and grease to SSOs, were discussed. Other issues considered by the Committee included NACWA’s EPA grant to develop a planning tool to provide guidance to POTWs on how to deal with decontamination wastewater resulting from a biological or chemical attack or accident. Currently, final edits are being incorporated into the planning tool and a July/August release date is anticipated. The Committee also urged the participants to attend the upcoming National Pretreatment & Pollution Prevention Workshop, November 16 – 18, in Kansas City, Mo., which will delve into far greater detail on some of the preceding issues, and other pivotal pretreatment initiatives. This Committee’s next meeting is scheduled for Tuesday, July 19, 9:30 - 10:30am, at NACWA’s upcoming Summer Conference.

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

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 at their May meeting. The first request of $30,000 for Fiscal Year 2006 from the Utility Management Committee would be used for NACWA’s share of a joint project with the Association of Metropolitan Water Agencies (AMWA) to develop a new document that updates and builds on The Changing Workforce…Crisis and Opportunity publication. The new document would provide a hands-on resource for utilities as they work to address current and future workforce challenges with a focus on practical experiences with succession planning. The Committee also considered a $10,000 TAF request from the Water Quality Committee for the development of model whole effluent toxicity (WET) permit language, based in part on the recent court decision that upheld EPA’s WET methods. The language would be crafted in a way that would attempt to compensate for some of the problems caused by method errors and be made available to the NACWA membership to assist in permit negotiations. The Regulatory Policy Committee approved both TAF requests and forwarded them on to the NACWA Board of Directors where they were later approved.

The Regulatory Policy Committee will meet next on Wednesday, July 20 from 7:30 - 8:45am at NACWA’s upcoming Summer Conference in Hilton Head, SC.

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

NACWA’s Security & Emergency Preparedness Committee met in May with a full and diverse agenda. The Committee was brought up-to-date on the final deliberations of the Water Sector Working Group (WSWG) of the National Drinking Water Advisory Council (NDWAC). The WSWG, which held its final face-to-face meeting in late April, has since finalized and forwarded their final report to the NDWAC. The NSWAC met in early June and approved the WSGS report which recommends that in assessing their security, utilities should consider the full scope of potential failures to their systems, along with the key threats they face.

The Committee learned of the plans for a May 4-5 meeting of the Water Sector Coordinating Council. At that meeting the Council continued to monitor the progress of the WSWG recommendations and stay up-to-date with evolving cross-sector research and development issues. The Council also received an extensive briefing on the TOPOFF3 exercises and discussed a number of other issues.

Members of the Committee also reviewed the Government Accountability Office’s (GAO) recent report, Wastewater Facilities: Experts' Views on How Federal Funds Should Be Spent to Improve Security, and learned of plans for a new study. A second study on wastewater security was requested by the Senate Environment & Public Works Committee and is currently being scoped. NACWA is working with GAO to support this undertaking. It is unlikely that new legislative activity on the issue of wastewater security will take place prior to the completion of this second study.

The Committee was provided with status reports on two NACWA initiatives: Decontamination Wastewater Acceptance & Treatment – A Wastewater Utility Planning Tool and the Chlorine Gas Decision Tree Project, and discussed a number of other security-related matters. The Security & Emergency Preparedness Committee will next meet at the Summer Conference on Tuesday, July 19, from 2:30 – 3:45.

Utility Management Committee
Co-Chair, Brian Crewdson, Anchorage Water & Wastewater Authority, Alaska
Co-Chair, Jon Schellpfeffer, Madison Metropolitan Sewerage District, Wis.

The Utility Management Committee enjoyed a well attended and engaging meeting in May, which featured a lively discussion on several ongoing committee initiatives. Committee leadership discussed the 2005 Financial Survey, which was sent to all NACWA members in April 2005. Committee leaders urged attendees to complete the 2005 Survey online through the CleanWater Central website (http://www.cleanwatercentral.org). The Committee also received an update on the increasing use of CleanWater Central due largely to NACWA efforts tying specific initiatives, like the Financial Survey, to the online capabilities of CleanWater Central. The Committee discussed the pending release of a Request for Proposals for the Changing Workforce… Seizing the Opportunity publication, which will build upon 2004’s Changing Workforce publication (see Regulatory Policy Committee).

The Committee received a report from the Asset Management Workgroup, which featured an in-depth discussion in anticipation of EPA’s workshop on asset management that took place immediately following NACWA’s meeting. The workshop focused on prioritizing asset management issues as well as the need to enhance the collaboration of water and wastewater utilities and the organizations representing them in advancing asset management. NACWA will continue to lead the effort to work with key groups in the water and wastewater sector to provide cutting-edge asset management tools for its members.

Lastly, the Committee heard an update on activities of the International Organization of Standardization (ISO). Since the meeting, NACWA’s ISO Task Force has provided comments to the most recent versions of the draft wastewater management services standard document. Once these changes are incorporated into a new draft, NACWA will make the draft available to the full membership. This draft will be the focus of the next ISO meeting scheduled for October 2005 in Berlin, Germany. The Association will be sending two representatives to that meeting. The Utility Management Committee will meet next on Tuesday, July 19, 2005 from 1:00 - 2:15pm at NACWA’s Summer Conference.

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

At the May meeting, Margaret Stewart and Jami Montgomery from the Water Environment Research Foundation (WERF) provided the Committee with an overview of the recently completed WERF Technical Brief: “Endocrine Disrupting Compounds (EDCs) and Implications for Wastewater Treatment.” The Technical Brief provides a concise overview of the human endocrine system, the nature and sources of EDCs, their potential effects on human health and the environment, and how effective wastewater treatment plants are at removing EDCs from wastewater. Whole effluent toxicity (WET) was again another hot topic for discussion following the legal challenge of the WET methods which ended when the U.S. Court of Appeals for the District of Columbia Circuit upheld EPA’s methods. NACWA will continue discussions with EPA regarding the implementation guidance and is also initiating a TAF project to assist members as they negotiate WET limits in their permits.

Keith Linn, Committee Vice Chair, updated the Committee on the effort underway to develop new freshwater criteria for pathogens as mandated by the Beaches Environmental Assessment and Coastal Health (BEACH) Act. It appears that EPA will be ready to release those new criteria by the end of 2005. Colorado and several other western states expressed concern over EPA’s proposed revision to the selenium water quality criteria, which, subsequent to the Committee meeting, NACWA incorporated into its May 20, 2005 selenium comments, which are available at http://www.nacwa.org/advocacy/comments/2005-05-20NACWAseleniumcmt.pdf.

On the detection and quantitation front, NACWA reported that EPA plans to finalize the Federal Advisory Committee, which will be tasked with developing a new procedure for developing detection and quantitation levels, by the end of May. A tentative meeting of the Committee has been scheduled for June 21 and 22, and will be a focus of discussion at the next Committee meeting at NACWA’s Summer Conference on Tuesday, July 19, 2005 from 10:45am - noon.