Integrated Planning Implementation and Affordable Clean Water Solutions

Over the last 45 years, communities have been responding to a growing list of Clean Water Act (CWA) regulatory mandates to improve the nation's water quality. Often taking on compounded wastewater and stormwater responsibilities, many communities are struggling to adequately allocate strained financial resources to these clean water needs.

Thanks to advocacy efforts by NACWA, the U.S. Conference of Mayors and others, EPA recognized the regulated community’s need for flexibility, and developed its Integrated Municipal Stormwater and Wastewater Planning Approach Framework (IP Framework) in 2012. NACWA and its members have been working with EPA and state water regulators ever since to ensure the Framework can be utilized by communities when appropriate.

A key element of the IP Framework is an assessment of what level of spending is affordable for the citizens of a particular community. NACWA has been pushing for changes to how EPA assesses a community’s ability to pay for its CWA mandates.  In response, EPA released a companion document to the IP Framework in 2014 on affordability, which outlines additional factors that can be considered when evaluating financial capability.

Much progress has been made on Integrated Planning in the enforcement context, with utilities negotiating and renegotiating EPA consent decrees based on the concepts of Integrated Planning. Less progress has been made on the use of Integrated Planning in the context of permitting.

Between 2012 and 2016, NACWA hosted a series of workshops across the country to highlight the opportunities that the IP Framework provides, and the Association continues to work with EPA, pushing for more technical assistance and funding to support communities that wish to pursue Integrated Planning, especially through CWA permits. 

Legislative Advocacy Efforts Codify Integrated Planning in Clean Water Act

NACWA has been advocating for Congress to codify the use of Integrated Planning and make progress on the challenge of water infrastructure affordability.

As a result of NACWA’s work and leadership, in January 2019, President Trump signed into law the Water Infrastructure Improvement Act of 2018 (H.R 7279), which had passed the U.S. House and Senate with overwhelming bipartisan support. The legislation was championed by Representatives Bob Gibbs (R-OH), Grace Napolitano (D-CA), and Bob Latta (R-OH) in the House, and Senators Deb Fischer (R-NE), Sherrod Brown (D-OH), Rob Portman (R-OH) and Ben Cardin (D-MD) in the Senate.

Strong leadership on the legislation was also provided by Senate Environment and Public Works Committee Chairman, John Barrasso (R-WY) and Ranking Member, Tom Carper (D-DE), current House Transportation & Infrastructure Committee Chairman, Peter DeFazio (D-OR), Senator John Boozman (R-AR), and Representatives Steve Chabot (R-OH), Cheri Bustos (D-IL), Dave Joyce (R-OH), and Marcia Fudge (D-OH).

The bill codifies into the law EPA’s Integrated Planning process, providing crucial legislative certainty to local communities seeking to develop an Integrated Plan to better manage costs and prioritize their clean water investments. Additionally, the bill includes provisions to ensure that EPA integrates the use of green infrastructure throughout its CWA compliance programs. It also establishes, for the first time, a Municipal Ombudsman office within EPA to act as a liaison between EPA and the municipal regulated community to help address regulatory concerns.

While the final legislation did not include language related to EPA’s financial capability and affordability guidance, EPA is already working to update the guidance in line with recommendations from the Congressionally-directed National Academy of Public Administrators (NAPA) report – as well as recommendations put forth by NACWA and other partners in the water sector.

There is bipartisan congressional commitment to continue working on financial capability and affordability issues this Congress, and NACWA will continue its engagement with both Congress and EPA on this critical topic.

Resources

Legislative Resources

• Integrated Planning Legislation signed into law NACWA Press Release
• Integrated Planning Legislation Advances Through Congress NACWA Advocacy Alert

Integrated Planning

• EPA Integrated Municipal Stormwater and Wastewater Planning Approach Framework
• EPA Integrated Planning Website 
• Integrated Planning FAQs
• Integrated Approach Planning – Washington Dept. of Ecology's Perspective
• Getting Started with Integrated Planning
• NACWA Consent Decree e-Library
• The Evolving Landscape for Financial Capability Assessment – Clean Water Act Negotiations & the Opportunities of Integrated Planning 
• Affordability Assessment Tool for Federal Water Mandates (WEF/AWWA/US Conference of Mayors)
• Integrated Regional Water Management Resources - California (CA Dept. of Water Resources)

Integrated Plan e-Library

• Durham, New Hampshire Integrated Planning and Permitting Approach
• Cincinnati, Ohio Integrated Sustainable Watershed Plans
• Cincinnati, Ohio Integrated Sustainable Watershed Management Manual
• City of Santa Maria, Draft Integrated Plan
• Columbus, Ohio Wet Weather Management Plan Green Infrastructure Letter to Ohio EPA
• DC Water/EPA/District Green Partnership Agreement
• DC Water LTCP Modification Proposal (January 2014)
• Evansville, Indiana Integrated Overflow Control Plan
• Lawrence, Kansas NPDES Permit with Integrated Plan
• Lawrence, Kansas Integrated Plan MOU
• Lawrence, Kansas NPDES Permit Fact Sheet
• Seattle, Washington Integrated Plan Vol. 3
• Spokane, Washington Integrated Clean Water Plan Proposal (March 2014)
• Springfield, Missouri Integrated Plan Proposal
• Springfield, Missouri Integrated Plan Presentation to EPA
• Victor Valley Wastewater Reclamation Authority - Mojave IRWM