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Rural Water Washington January 27, 2012 Era of Cheap
Water is Over – says Deloitte Touche in their Water Tight 2012 report,
which explores the future of the global water sector in the year ahead,
saying “there is a compelling case for utilities either to
increase water prices or create a better pricing system that addresses
scarcity issues, allows them to invest in the replacement of ageing
infrastructure, and provides them with a satisfactory financial return."
(more). Water Systems Need
New Strategies – says a
new report, issued by
the Johnson Foundation and American Rivers.
Authors say municipalities and private water systems will need new
strategies to cope with emerging problems and threats, such as persistent
drought, shifting precipitation patterns, declining snowpack in the West, and
peak rain events that can overwhelm water and sewer systems. The report calls for new engineering,
design and construction of water systems that incorporate "green"
infrastructure, adoption of closed-loop systems that recycle water, and the
abandonment of traditional "siloed" water systems where drinking
water, storm water and wastewater are managed independently. Potential Chlorine
Gas Regulation Bill Stalled
– to effort to rewrite the DHS's Chemical Facility Anti-Terrorism Standards
(CFATS) program to be a long-term authorization and possibly include new
authority to review the use of chlorine gas appears to have stalled after an
internal document revealed implementation problems. This week, Sen. Susan Collins (ME), the sponsor of the Senate
bill (S. 473), said
she is holding off from pressing the measure while DHS investigates an
internal report that found significant deficiencies in the program. The report found that the DHS program has
yet to conduct any compliance inspections and has only begun approving
security plans. EPA
Assessing Lessons Learned in Security Exercises – these DRAFT fact sheets
are open for comment (Feb. 8), the examination lessons learned from
recently-conducted state emergency response exercises for the water sector
and the assessment of the roles and responsibilities of the utilities,
states, and other stakeholders in emergency response activities associated
with natural disasters. Please contact us
with any comments. Mississippi
Rural Water vs. Public Utility Commission’s Seizure of By-laws – a questionable request by a state utility commission is backed
up by a threat to take the districts to court. The commission wants to review districts’ by-laws, but does he
have such authority? Many states to
allow public utility commissions to oversee water supplies because they are
not businesses, which is the main reason for the incorporation of utility
commission (more). NYTimes on
Wastewater – Each day, American
municipalities discharge treated wastewater back into natural sources at a
rate that would fill an empty Lake Champlain within six months. Growing
pressure on water supplies and calls for updating the ancient subterranean
piping infrastructure have brought new scrutiny to this step in the treatment
process, which is labeled wasteful and unnecessary by a spectrum of voices (more). Fracking
Polarization – gas industry says that if EPA is allowed to regulate
fracking it could shut down the gas industry (more). PA
State Water Program Announces Almost $100 Million in New projects (more). January 21, 2012 EPA
Water Regulatory Agenda for 2012 (full article) House
and Senate Return
– this week focused on payroll tax cut, unemployment benefits, etc. President Obama’s State of the Union
address planned Tuesday evening EPA
Using Lawsuits to Make More Regs? – some
Republicans are raising questions about what they call a recent pattern of
U.S. EPA settlements being used by the agency to justify an overextension of
regulatory authority under the Clean Water Act. The lawmakers cited examples of recent settlements EPA reached
with the Conservation Law Foundation, the Buzzards Bay Coalition, the
Chesapeake Bay Foundation and the Natural Resources Defense Council (more). More USDA Focus on Nutrient & NPS
Programs – Minnesota will be the nation's first
test site for USDA program designed
to stem the flow of agricultural pollution that is finding some of the
country's great waterways, including the Chesapeake Bay, the Gulf of Mexico
and the Mississippi River. USDA to
announce the program on Tues. with the Sec. of Ag. and the Administrator of
the EPA. The project will give
farmers a green seal of approval if they voluntarily choose to put land
conservation and water quality ahead of crop yields (more). EPA’s TMDL Program to Become More Burdensome – EPA is developing a document to improve state implementation
of TMDLs and is expected to release a draft version of the document in early
2012. EPA may be looking to focus on
effective state implementation of TMDLs rather than on developing TMDLs
alone. EPA recently joined with
environmentalists in asking a federal court to amend a 2004 ruling to require
TMDLs be issued on a watershed-wide basis rather than on a more
waterbody-specific basis. House Appropriators Optimistic
About FY2013 Spending Bills – Top House
appropriators say they expect to be able to pass spending bills in the months
ahead, despite election-year politics and some lingering uncertainty over how
much money will be spent in fiscal 2013.
“We are going to try to pass the bills, all 12 of them,” said Rep. Norm Dicks (WA), the ranking
member on the House Appropriations
Committee. And Rep. Mike Simpson (ID), Chairman of the EPA subcommittee
said that the House might even pass its versions of all 12 spending bills by
June. Cyber Security Legislation Ready
to Pass – a Senate cyber-security bill could
be released next week, and the chamber will likely take it up within three to
four weeks, according to the office of Senate Majority Leader Reid
(NV). And the House is advancing
cyber-security bills through committees over the next two to three months,
and the proposals might come to the floor separately or be combined into one.
Some bills have already been passed at the committee level including HR 3523 and
HR 2096. HR 3674
will be considered in committee in the next week. The Administration is focused on protecting the critical
computer infrastructure that supports essential functions. EPA Focused on Clarifying the Scope of the Clean Water Act – says EPA top water official,
Nancy Stoner, EPA acting assistant administrator for water. “We are working
on a rule right now and expect to send it” for review to the White House
Office of Management and Budget. EPA
and the U.S. Army Corps of Engineers in May 2011 issued proposed guidance to
clarify, which waters are subject to Clean Water Act jurisdiction. The
proposal drew opposition from farmers, builders, and industry groups, who say
it would delay construction projects and curtail economic activity by
requiring additional permits and imposing more costs. In proposing the guidance and seeking
public comment, EPA also indicated it would pursue a regulation. In November,
House and Senate lawmakers urged EPA to withdraw the proposed guidance and
not use the document as a basis for a planned rule on jurisdiction National
Water Infrastructure Agency/Initiative – proposal for
new water funding source from AWWA, WEF, and AMWA (proposal). Court Still Could Confuse Florida NNC Agreement – a
federal district court judge is poised to rule in a legal challenge to EPA's
numeric nutrient criteria for Florida's water that the state is working to
finalize and EPA has indicated it is willing to accept. The U.S. District Court for the Northern
District of Florida could make ruling on the case this spring. January 14, 2012 Watershed Trading
– USDA announced $10 million for watershed trading this week (more). USDA & EPA promote watershed trading
as a way to reduce the cost of TMDL compliance for communities’ NPDES
permits, benefit agriculture interests by providing a source to fund
ag-related nonpoint source reduction plans, and reduce more pollution than
the proposed NPDES compliance reduction.
However, it appears that this cost-effective and environmentally
progressive option is not commonly available in many of costliest NDPES
compliance cases (like New
Mexico, Montana,
Florida,
Colorado,
Illinois,
Pennsylvania,
Rhode
Island, etc). It appears that
costly wastewater treatment upgrades are the trend in nutrient reduction
compliance, however will this result in a commensurate pollution reduction
when most
of the pollution is caused from nonpoint sources? Should rural water source water techs be utilized to implement trading
programs for small and rural communities facing costly nutrient sewer
upgrades? Do you think small communities would be interested in the concept
(more than is currently known)? Please let us hear
from you. Lead Rule Clarity
– League of Cities and Conference of Mayors tell EPA to only regulate
drinking water to the end of the distribution system, not into the home (more). Showing EPA What Works for Assistance
– rural water associations are engaged in a campaign to show EPA what type of
assistance is most beneficial to small and rural water communities as new Congressional policy
contemplates. See Colorado
and Wisconsin rural water’s efforts on
their homepages. “I Trust NM Rural Water”
– letter from NM small
community to EPA. EPA Water Audit Webiner
– a water loss control program can help identify and
reduce real water losses along with apparent losses resulting from metering,
billing or accounting errors. Reserve Webinar seat for January 26, 2012 USDA Closing Offices
– 260 office due to budget cutes (more) Drilling for Infrastructure
– Congress plans for immediate consideration of plan to use funding from
energy production for investment in infrastructure (more). The Greenest Rural Water Project
– Mel’s greenest small water project with water reuse project powered by
reusable energy source? Project
recently went on-line (more). Haiti Cholera
– a super strain of cholera continues two years after earthquake, 500,000
cases due to lack of water and sanitation (more). Fracking Bromide for TMDL?
– EPA is weighing whether to develop first-time water quality criteria
for bromide, found in wastewater from hydraulic fracturing operations and potentially
resulting in disinfection byproducts (DBPs) in drinking water systems
downstream. DBPs formed from bromide
interaction are believed to be more toxic than other types of DBPs. Some drinking water utilities in PA have
urged the agency to step in, saying that the bromide concentrations have made
it increasingly difficult for them to meet SDWA requirements for TTHMs. Climate Change + TMDLs = $2B for Philly, $3
B for Chi-town (more) Secretary of Ag Outlines Farm Bill Agenda
(more) Does Sackett Impact SDWA NOVs?
– the Supreme Court was sympathetic to an
Idaho landowner who was threatened to be fined by EPA for not obtaining a
wetlands’ permit – in the court Monday (more). The ruling in the case may allow courts to
review EPA pre-enforcement decisions – such threatening NOV letters for SDWA
compliance issues like these
$37,500 threats of civil fines. EPA
lawyer tells Supreme Court that threat of large fine is only “theoretical.” EPA’s
NNC Compliance Variances – EPA is to release a “model” to determine
if facilities can be granted an economic hardship variance from the state's
numeric nutrient water quality criteria.
A Montana regulator says final analysis could be available in early
2012. A New Model for Enviro Protection?
– NY’s fracking regulation program; EPA doesn’t tell the state how to conduct
their program, but rather, comments on the state’s program design and leaves
the final decision up to the state (more). Should this be used at the community level
for drinking water safety because the community is only interested in
protecting their citizens, must balance policy with the community’s limited
resources, and has a democratic governing process (city council) to represent
the citizens? January 5 2012 Congress Starts Another Arsenic Relief
Campaign, calls EPA response “overdue.” – Included
in the December EPA budget bill was a directive to EPA to
deal with the impacts of the arsenic rule in small communities. See Congressional Research Service summary
of the issue going back to Congress’ initial charge to EPA in 2002 (CRS). Congressional Calendar
(one page calendar
lists both House and Senate schedules for 2012). Fracking, Earthquakes, and Ohio
(Google) Congress Directs EPA to Prioritize Technical
Assistance Funding – to where it is most beneficial to
small communities. Every state
association is implementing a plan – please contact your state association to
show your support (more).
Wetlands Controversy Back to Supreme Court
this Week (Idaho
homeowner’s case) Kansas RWA Magazine Article Becomes National
Priority – an erudite magazine exposé from KS on the
public notice requirements for the TOC treatment technique has become a topic
in the U.S. Senate and may result in some action inquiring about modification
of the current EPA rules (see article that started it
all). TN Scare - “Thousands Get Letter Saying Water Could
Cause Cancer” (TV
News)
ASDWA
and GWPC Webinar 319 Funding
(January 19th)
U.S. Rep. Bono-Mack’s Personal Message to
Water District (video
statement). Privatization – West
Va., corporate water limits service to rural populations due to economic
conditions but keeps handsome profits (see Amicus
from WVRWA). Privatization etc – Big corporate water claims it is safer (more),
and in need of more subsidies (more),
advocates for consolidation,
especially for rural communities (more), opposes equitable affordability determinations for small
communities (more),
tries to repeal section 1926(b), and tells Wall Street it
can make profit by consolidating small communities (more).
TMDL Reality
– enforcing TMDL in rural New Mexico results in economic burden in
disadvantaged community and diminution in environmental protection (more). December 31, 2001 2012
Prediction – the year of cyber terrorism; it is certain that some
unit of critical infrastructure will be attacked next year by cyber
terrorists (says David
Rothkopf, Foreign Policy Magazine). USDA
and EPA Webinar on Sustainable Small Water Systems (Jan.
23) Farmland
Price Bubble – sharp
increases in farm earnings have driven the price of farmland to previously
unimaginable levels – reducing land in the CRP. Is water quality at risk (NYTimes)? Canadians
Trend Away from Fluoride – Moncton
CAN, Muskoka
CAN, Calgary, etc. Affordability Comes to Wastewater
Regulation – Montana, EPA is
piloting an economic modeling tool to determine variances from the state's
numeric nutrient water quality criteria -- based on economics. Montana authorized three types of
variances for cities and businesses unable to meet the terms of the state's
numeric nutrient criteria: a statewide variance, an individual variance and
an alternative variance. EPA pushes
back – EPA Region VIII raised concerns with the statewide variance approach
would circumvent federal requirements in Clean Water Act regulations that
variances be issued only in the face of certain mitigating factors. EPA Delay For Florida NNC
Rule – EPA is again seeking to delay
implementation of its landmark numeric nutrient criteria for Florida's inland
waters in order to accommodate the state's regulatory process for adopting
its own alternative numeric criteria that will replace the agency's
controversial measure.
Congress Reduces SRF Set-Asides
– in the FY2012 budget, Congress reduced the mandatory set asides for green
infrastructure projects first included in the clean water and drinking water SRFs
in the 2009 stimulus bill – down to requiring 10 percent of CWSRF funds to be
spent on green infrastructure. The
bill sets no required level for drinking water green infrastructure spending
for the DWSRF, although the bill allows states to spend drinking water SRF
money on green infrastructure at each state's discretion. The bill also requires states to spend at
least 20 percent, but not more than 30 percent, of their SRF funds as a
subsidy to eligible water utilities "in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of these)."
Previously, states were required to spend at least 30 percent of their funds
on subsidies. Perchlorate Update – EPA is moving forward
on a proposal to regulate the perchlorate in drinking water, with the announcement that it is seeking
experts to review its "approaches" to derive a health goal that
will eventually be used to set an enforceable drinking water cleanup
standard. EPA decided to regulate
perchlorate in February, saying the proposal will be published no later than
February 2013. EPA must submit its
proposed approaches to its Science Advisory Board (SAB) for comment before it
formally releases its proposed MCLG and national primary drinking water
regulation. "EPA has therefore requested an SAB review of the scientific
and technical bases for the approaches being considered to derive an MCLG for
perchlorate." Another NNC Controversy – can NPDES limits be
derived for water bodies with only narrative water quality criteria? This question is before the U.S. Court of
Appeals (1st Circuit), in Upper
Blackstone Water Pollution Abatement District v. EPA, arguments
scheduled for Jan. 12th. The water
district is challenging the permit, arguing that the agency overestimated
permit limits based on modeling to attain the state's narrative criteria
without demonstrating that the limit would attain water quality standards
(and enviro groups are challenging on the opposite theory that EPA
underestimated the permit limits).
The litigation comes as EPA is increasingly encouraging regulators to
set numeric limits in permits even in cases where waters are subject to narrative
criteria. December 25, 2011 Drinking Water
Christmas – most popular gift is a well to people without water (USA
Today) Iowa Regional
Sewage Service Provider’s Problems – management, structure, and
financial problems (more).
EPA
Reviewing LT2 Open Reservoirs Rule – the agency said at a recent
stakeholder meeting that it is still considering how it will revise current
requirement to cover open reservoirs.
The rule was selected for review earlier this summer. EPA has not commented on how such a
revision would not violate the SDWA’s “anti-backsliding” provision – a
provision cited by Congressional officials in reaction to legislation to
remove the CCR mailing requirement.
Regarding the LT2 review, EPA said the first round of data collection
detected far less cryptosporidium contamination in water supplies than EPA's
models led the agency to expect. The
reported average concentration of the parasite, number of facilities
exceeding limits and number of facilities reporting even a single detection
event were all below expected figures. December 21, 2011 NMRWA Thanks
Long-time Friend for Funding Support: Senator Bingaman (more) Funding – some state associations are meeting with
their representatives back home over the break regarding next year’s funding requests, and the CCR
mailing relief bill (factsheet). Congress has passed the final/omnibus
spending bill, including $15
million for EPA technical assistance, $919 million for DWSRF, and $1.469
billion CWSRF (more). The bill
contains an additional 1.83 percent cut to all discretionary accounts, which
drafters said would come on top of the figures included in the bill. Environmental
Justice – BBC features low-income Alabamians water
struggles, "these people
are going to end up rioting about this… the biggest riot the South has ever
seen… over this sewer business." Residents choosing to return to outhouses
and hauled water (more from BBC). Is a water universal service
fee on the way? Senate
Hearing on Water Infrastructure – focusing on antiquated infrastructure,
ability to pay, SRFs, EPA’s new policy for flexibility in CWA enforcement,
etc. (witnesses
and video). Rural Water board
member from Alternative Opinion;
Water Infrastructure is Socialism (more)
and James Delingpole’s Watermelons; green on the outside, red on the inside (interview). Florida
NCC Dispute – this week the Florida EPA indicated that environmentalist’s
challenges to the state's proposed numeric nutrient criteria will not stall
the state's progress toward finalizing the criteria and obtaining EPA
approval. The FL environmental commission approved FL EPA's
proposed changes and EPA said it would approve the changes (more). |
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