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Rural Water Washington (News & Public Statements)

 

  

July 29, 2010

IA, WI, and PA’s Reports to Congress (see em).

 

EPA’s Numerical Nutrient Criteria – this effort by EPA is cause controversy in many states (CO, FL, WI, KS, etc).  Florida is the furthest down the path of new regulations.  Many (including Florida Rural Water), believe the regulations are insecurity for protecting the environment.  However, when a few Congressmen looked at correcting the situation, they were labeled as “polluter-lobbyists” (more).  Kansas, facing a similar suit, if hoping their state’s 2004 nutrient reduction plan will usurp a suit in Oz. 

 

ME Source Water Protection Program Success on TV (see video report).  Tons of contaminated soil removed to protect the town's drinking water.

 

Update on BABs and Lifting the PAB Cap – Congress passed their key tax bill (more) without provision for extending the BABs program or lifting the cap on PABs for water (as had been proposed).  A key House Chairman has introduced legislation to extend the BABs program (more).

 

Appropriations Bills Moving Quickly in Congress – the House takes up the transportation-HUD bill today after passing Military Construction last night, while four additional spending bills are slated for markup in the House and Senate.

 

WRDA Update – Legislation to make investments in water-related infrastructure was introduced today by Rep. Oberstar (MN), H.R. 5892, authorizes approximately $6 billion for navigation, flood damage reduction, environmental restoration projects, and studies by the Army Corps of Engineers (more).

 

Expanding the Scope of the Clean Water Act (House Action and briefing paper).

 

July 22, 2010

Rural Water Invited to Testify Before the Senate Agriculture Committee on the Farm Bill.

Yesterday, Dennis Sternberg with Arkansas Rural Water testified before the Senate Agriculture Committee on rural water initiatives (see hearing video and testimony).  Sternberg said, “To overcome the lack of density in rural areas, rural communities have turned to the USDA rural water & wastewater loan and grant program to build or extend water systems and repay the loans at reasonable rates and terms.  Without this assistance, they could not construct new systems, expand existing ones, or comply with mandates.  Unlike other environmental funding programs, USDA targets its funds to the smallest, most economically disadvantaged communities.  As a result, the program has become the backbone of compliance with environmental mandates and increased public health/economic development in rural areas.” Earlier this week, the House Agriculture Subcommittee held a similar hearing.  Chairman McIntyre (NC) said, "Today's hearing was intended to review rural development programs in advance of the next Farm Bill.”

 

CNN Looking for A Utility with Wood Pipes Moving Water… if you know of such a system that would like a visit from CNN, contact us.

 

July 20, 2010

Update on Congressional EPA Funding - Thurs, July 22nd, HOUSE Appropriations, Interior and Environment Subcommittee Markup, FY 2011 Interior & Environment Appropriations - 2:30PM

 

Arizona’s David Saddler on EPA’s Drinking Water Advisory Committee – the EPA’s advisory panel meets this week in DC.  Our representative on the panel attended the meetings and continues to raise issues important to small communities (see panel’s members and agenda).

 

Update on BABs and Lifting the PAB Cap – yesterday, the Senate voted to move/pass an extension of unemployment benefits.  Provisions to extend the Build America Bonds and lift the cap on Private Activity Bonds for water projects was not part of the Senate bill (it was part of a previously past House companion bill).  Local group continue to press for an extension of the BABs program (more).

 

Wisconsin Rural Water Calls the Alarm on the State’s Draconian Effort to Lower NPDES Permits – from WRWA: the Senate Environment Committee has announced a hearing on proposed revisions to NR 102 and NR 217 related to phosphorus water quality standards criteria and WPDES permit provisions for phosphorus which were recently approved by the DNR's Natural Resources Board.  The hearing will be held on July 28.  Facts: According to the DNR’s own estimates, to comply with the proposed regulations 163 Wastewater Treatment Plants in Wisconsin would have to install new filtration systems at a cost of between $1.8 million and $6.9 million per system. These costs could climb to between $8.6 million and $26 million per system, once land acquisition and other costs are included.  Municipal WWTPs have already spent millions of dollars to remove up to 90% of their phosphorus discharges-and it would cost an additional $200 per pound to remove phosphorus to the levels proposed.  Although 163 communities would initially be affected, virtually every municipal WWTP would eventually be forced to comply with the new standards.  These rules do not address agricultural runoff, failing septic systems or other sources that account for up to 80% of the phosphorus pollution in Wisconsin waters.  Municipal WWTP operators and municipal representatives are strongly encouraged to provide written comments or attend this hearing. Let your legislators know your community cannot afford to spend millions of dollars on this unfunded mandate for additional treatment, while the larger issue is not addressed!

 

EPA Announces Public Information Meetings for the Proposed Revised Total Coliform Rule - EPA is holding four public information meetings to provide information on the proposed revisions to the TCR.  During the public meetings, EPA will discuss the major provisions of the current TCR, the history of the development of the proposed RTCR, the core elements of the proposed RTCR, the comparison between the current TCR and the proposed RTCR, and specific areas where EPA is requesting comment.  The first public meeting is Aug. 3, in DC.

 

July 18, 2010

Appropriations Update – the Senate Ag Subcommittee marked-up their initial FY2011 funding bill Friday afternoon increasing the rural water source water protection initiative and maintaining the rural water circuit rider initiative (more).  The Committee made the following statement on this year’s bill, "This year's bill spends less money than last year and is less than the President's budget request for fiscal year 2011.  It reflects tough decisions to reduce spending" (more)

 

Update on BABs and Lifting the PAB Caplegislation to extend the Bonds for America authorization and to lift the cap on private activity bonds is stalled in Congress (more from the WSJ). 

 

July 16, 2010

Talking Points on NRWA National Policy Activities – these notes were assembled for some state association conferences discussing the topic (notes).

 

EPA Makes the Argument that Confusing the Public on Water Quality Is Part of Protecting the Public Health – (see EPA statement).

 

Latest on EPA’s Climate Change Policy – rural water has been participating on the EPA established advisory panel drafting a policy recommendation on how water utilities should address the impacts of climate change (see panel).  Rural water is represented on the panel by Paul Whittemore - board member from New Hampshire.  The panel has drafted a final policy recommendation.  Today, Paul told the panel that this report will likely result in a shifting of essential resources away from local priority issues water systems need to address to more ambiguous/uncertain impacts of climate change.  Paul is advising NRWA that we may want to hold off on supporting the report as currently written.  Please contact us (or Paul “pjwhittemore at comcast.net”) with any comments.

 

NYCity Promotes Its Drinking Water – on t-shirts, etc (more) and pushes city prohibition on the purchase of bottled water within city government (more).

 

Chemical Security Legislation Update – speculation that board new chemical security legislation will not pass this Congress (more) – at the same time Sen. Lautenberg proposes legislation to regulate water and wastewater supplies (see bill).

 

New Federal Legislation for Collective Bargaining Rules Only Apply to Police, Fire and Paramedics (thanks to Steve in Maryland for pointing this out – see July 3rd posts for details).

 

(notes: ID CO bilats, fracking, clev afford)

July 3, 2010

Atlantic States Rural Water Gives Credit Where Credit is Due (see press statement) – for Circuit Rider funding, Source Water funding, Grants & Loans, etc… Thank you Atlantic States!  Flashback 2009 – Atlantic States RWA recognizes Chairwoman DeLauro for ARRA funding.  Atlantic States RWA awards Congresswoman DeLauro with 2008 Green Key accolade for protecting the rural environment.

 

USDA Announces Water Quality Projects – this week, for farmers and ranchers to conserve water and improve water quality on agricultural lands through the Agricultural Water Enhancement Program (AWEP), which provides technical and financial assistance to help farmers and ranchers implement activities to improve agricultural water (more).

 

Possible New Legislation for Collective Bargaining Rules for Municipalities – (flagged by KS RWA) the House of Representatives passed supplemental appropriations bill (H.R. 4899) includes a mandatory collective bargaining provision, the so called Public Safety Employer-Employee Cooperation Act of 2009.”  The legislation mandates that all municipalities, counties and states would be required to collectively bargain with public safety employee labor unions over wages, benefits and working conditions, under one-size fits all federal rules to be developed later.  The mandatory collective bargaining provisions, should they become law, would interfere with and in some cases override longstanding state and local laws governing public sector employment relationships (see text of provision).  The House and Senate are in recess for the July 4th holiday next week and will return to work on July 12th. 

 

June 30, 2010

Appropriations Season Beings – the House Agriculture Appropriations Subcommittee marked-up their FY2011 bill today which contained level funding for rural water priority initiatives.  Thank you Chairwoman DeLauro from Connecticut!  The remaining appropriations bills could be marked up in the coming weeks. However, the path to final passage remains unclear and likely to be impacted by election year politics.  Last week, House Appropriations Chairman Obey (WI) said that he wanted to move forward on appropriations bills this year but that progress would be dependent on a variety of factors.  Obey said he intended to move the Homeland Security bill to full committee markup and the floor but was less certain regarding the fate of other bills. House Majority Leader Hoyer (MD) recently acknowledged that most appropriations bills this year wont see individual House floor action.

 

Town in NY Attempts to be First to Ban Bottled Water (NYTimes).

 

Gasland Movie Debuts Last Week (including lighting tap water on fire). Other water movies include Tapped, Thirst, and the Louisiana Rural Water Assn movie.

 

More on Fracking….. at the AWWA conference last week, we heard that EPA is currently studying the impacts on ground water supplies from hydraulic fracturing of gas wells.  What seems most noteworthy was a comment from an EPA official that EPA had not previously found problems from fracking of vertical wells, but now EPA is looking at the fracking of horizontal (directional) wells and did not characterize the same confidence of safety in these new types of wells.

 

USGS Releases Study of Pharmaceuticals in Wastewater - contributions from pharmaceutical manufacturing facilities may be responsible for 10- to 1,000-fold increases in wastewater effluent pharmaceutical concentrations, according to a new study by the US Geological Survey (more).

 

EPA’s Climate Change Ready Water Utility Policy Initiative Update – see the re-drafted EPA panel drafting a recommendation for a “Climate Ready Water Utility” findings, adaptive response framework, and recommendations in the format of a draft Final Report.  Rural Water is represented on the EPA panel by NRWA & Granite State Rural Water board member Paul Whittemore.  According to the facilitator of the panel, the draft document would look very different without Paul at the table making the case to not allow this initiative to preempt the existing needs of water utilities versus the unknown needs of climate change.  Paul is also pressing for additional attention on the issues of energy use, leak detection, metering, timely repairs etc. in small systems.

 

BABs and Private Activity Bonds’ Cap Update – legislation that could extend the BABs authorization and lift the cap on PABs for water projects is stalled in the Senate.  On Wednesday, the Senate fell short, 58-38 votes to invoke cloture, in their latest attempt to pass unemployment extension legislation.  The House has passed a broader bill of tax extenders and other measures that also included an unemployment extension and is waiting on the Senate to pass legislation before reconciling to two versions (more).

 

Chairman Oberstar Prepares to Pass Expansion of Clean Water Act in September – In the Spring, House Transportation and Infrastructure Chair Oberstar (MN) introduced legislation to expand federal regulatory authority under the Clean Water Act – America's Commitment to Clean Water Act (H.R. 5088).  The bill changes federal regulatory authority by changing the long-standing language in the Act from "navigable waters" to "waters of the U.S."  Chairman Oberstar has requested House floor time in September for the bill.  A group of rural Republicans has asked for hearings on the bill (see their letter and text of the bill).

 

First Florida, Now Wisconsin to Face Leviathan of State Nutrient Reduction Rules – The Wisc. state government recently approved sweeping and costly new regulations to limit phosphorus in state waterways that could top $1 billion. The measure, championed by the state and environmentalists, sets water quality standards for phosphorus and by putting new limits on municipal wastewater treatment plants and factories that have their own treatment systems.  Some rules will go into effect in the next year.  Environmental groups had threatened to file a lawsuit if phosphorus standards weren't set, and the DNR said it tried to balance environmental and economic interests. But municipalities will pay the biggest share when the vast majority of phosphorus pollution comes from non-point sources (more).  A week later, the state announces revisions to its nutrient plan to manage the cost of the new rules.  Specifics on changes not provided (more).

 

The Self-Executing Clean Water Act? Can a Simple Lawsuit Result in Your State Being Mandated to Adopt New and More Stringent Nutrient Standards for All NPDES Permits – some are expressing concern that an effort by local activists to force EPA to develop numeric nutrient criteria for the Kansas River could cause an avalanche of similar demands on EPA.  Water resources offices are beginning to take notice of the Kansas effort as proof that such a suit can be brought virtually anywhere.  On June 2 Friends of the Kaw (FOK) filed a 60-day notice of intent to sue EPA for its failure to establish numeric water limits for nitrogen and phosphorus in the Kansas River, which contribute to the hypoxic "dead zone" in the Gulf of Mexico.  Officials in Kansas has said that their own implementation of state nutrient limits will protect them from the suit, however, Florida tried the same strategy and lost in federal court.  An environmental commentator said this could lead to a cascade of similar suits in other impaired waters nationwide.  Environmentalists last November sent EPA a notice of intent to sue for numeric criteria in Wisconsin, and other activists petitioned EPA to take action in the Mississippi River basin.

 

Mass Rural Water Member Comments on Trend in State Suits for Nutrient Plans“the science supporting the justification of numeric values for determining impaired waters is well documented and has been defended by the courts. To question its flaws would take considerable scientific and legal effort that, I think we are not prepared to do nationally.  Taking into consideration the full range of natural variability that exists even within a small watershed, I feel it would seem almost impossible to realistically set numeric nutrient criteria unless they were watershed or stream specific. We should stress that "one hat fits all" criteria is not proper for setting these types of standards - that it should be site specific.  Secondly, our efforts should also be focused on the financial impacts on communities (and even on the individuals living along bodies of water) especially during these critical economic times....”

 

A New 10-year Study in Bangladesh Promises to be the Definitive Study to Determine the Effects of Arsenic Exposure - conducted by a team from Chicago, New York, and Bangladesh the study claims to be the first study to accurately measure the relationship between individual arsenic exposure and its associated mortality risk.  Of the 12,000 Bangladeshis who took part, more than twenty percent of deaths were attributable to arsenic in the drinking water. For the 25 people exposed to the greatest levels, mortality risk grew to nearly 70 percent. For those exposed to moderate levels, the study noted an increase in deaths from chronic diseases.  Millions of these wells were installed in the 1970’s by global health organizations concerned with providing clean water to Bangladesh. As many as 77 million people, or half the population, who drink from these wells, have been unwittingly exposed to dangerous levels of arsenic. The World Health Organization (WHO) has called in "the largest mass poisoning of population in history” (more).

 

Section 1926(b) Update in Oklahoma – in the ongoing dispute between Rural Water District No.1, Logan County and the City of Guthrie in federal court, the Court of Appeals for the Tenth Circuit asked two questions to the state supreme court as part of their deliberations.  This week the Oklahoma State Supreme Court responded that the state law provides no "exclusive franchise by the Oklahoma Legislature to a district.... this Court holds that an indebted rural water district's right to temporarily exclude a competitor's water service within its district is a right bestowed upon the indebted rural water district by Congress pursuant to the terms of the USDA loan agreement; therefore, article 5, section 51 of the Oklahoma Constitution is not implicated (see ruling).

 

Chlorine Distributor Fined $19,472 by EPA Over Risk Management Program (RMP) – resulting in $19,472 settlement (more)

 

June 20, 2010

Appropriations Season Begins This Week – The House Approps Committee announced the first mark-up of the year next week and is expected to complete two markups per week.  The Agriculture Appropriations bill is typically one of the first bills to be marked-up.

 

Rural Water Applauds Rep. Etheridge – for efforts to prioritize technical assistance in House Bill to Reauthorize the State Revolving Funds (more).

 

USDA’s Latest Source Water Protection Initiatives – the USDA unveiled three new showcase watersheds designed to demonstrate what can be achieved by combining strong partnerships, sound science and funding to solve natural resource problems in a targeted watersheds (more).

 

Build America Bonds Taking Criticismsee feature in NYTimes.

 

Climate Change Tops EPA Priorities in 5-year Plan – responding to climate change will be "Goal 1" for U.S. EPA in the next five years, according to a draft strategic plan released by the agency this week.

 

Privatization – the Senate Environment and Public Works Committee is attempting to pass legislation to rewrite the laws governing the state revolving loan funds.  The Committee proposal includes new authority for private water utilities to be eligible for SRF funding (subsidized funding from the federal government).  Is this a good policy?  Expert water attorney, Tim Stranko weighs in on the topic this week.

 

AWWA’s Water Utility Council (WUC) Meets This Week – at the AWWA annual conference in Chicago.  AWWA provides a courtesy seat on the WUC (see the agenda which includes many new policy reports and analysis).

 

The President’s Proposal for New Authority to Make Cuts to Appropriations Bills Received Support from Republicans on the House Budget Committee while Democrats were Split (more).

 

[lobbyists ban, Ig usda, swp progress, NM TMDLs]

 

June 12, 2010

EPA Releases Its Semiannual Regulatory Agenda – a comprehensive review of all the regulatory actions that EPA is working on or considering. The Spring 2010 listing includes a description of the actions and schedules for Lead and Copper, Aldicarb, Radon, MTBE, Perchlorate, Radionuclides, Total Coliform Rule, UCMR, and the 6-Year Review (see report).

 

June 10, 2010

EPA’s Numerical Nutrient Criteria Conflagration in Fla. – as the sunshine state continues its battled against EPA draconian mandate to reduce nutrients (more), the lawsuit that was used on Florida to force the EPA regulation is being proposed in Kansas (see notice to sue).  However Kansas says its implementation of their “Surface Water Nutrient Reduction Plan” will protect them from the lawsuit.  Gary with FL rural water says, while he hope that works – it didn't for Florida and that nothing really prevents the lawsuit.  According to Gary, Florida has a site specific nutrient criteria and very effective TMDL program, but the environmental groups don't care and believe states are doing enough and EPA agrees, supports them, and takes control of issue away from the state by settling on lawsuit and imposing consent decree.

 

EPA Continues to Reform TCR Rule – rural water continues to press for immediate reform of the misleading public notice requirements in the current TCR rule.  This week our representative on the EPA panel looking at rewriting the rule scribed this letter to EPA to follow-up on the potential for states to waive the current PN for non-health related TCR violations (see letter).

 

Is God an Environmentalist? Religion’s Role in Sustainability (more).

 

Wisc. Water Tower Catches Fire – at the corner of Prairie & Walden Way (story and photos).

 

EPA Moving Forward on a SSO Rule – to address a variety of controversial issues related to so-called wet weather events to clarify Clean Water Act permitting requirements for sanitary sewer overflows (SSOs)... blending fully and partially treated wastewater during significant storm events and previously unregulated satellite collection systems.  EPA is planning a series of meetings in June and July around the country to collect information (more).

 

June 9, 2010

The Amish and the EPA in the NYTimes - The Amish present a challenge for the environmental agency to steer the farmers toward new practices without stirring resentment of a culture are notoriously wary of outsiders and of the government in particular and very resistant to government interference.  However six of the 19 wells sampled contained E. coli bacteria, and 16 had nitrate levels exceeding those allowed by the EPA (more).

 

House Passes Legislation to Lift Cap on Private Activity Bonds for Water Projects  - H.R. 537, passed the House as part of H.R. 4213.  The Senate must now find the votes for the broader American Jobs Bill to be signed into law (more from NAWC).

 

June 5, 2010

Rural Water Invited on EPA Panel for a new Strategic Drinking Water Initiative, Launched by Administrator Jackson to strengthen implementation of the Safe Drinking Water Act (see explanation of new policy and agenda for tomorrow’s first meeting).  Mike McNulty with West Virginia Rural Water will be representing NRWA on the EPA panel.

 

ASDWA’s Newsletter Featuring: New TCR Products, Article on Nutrients, Pharmaceuticals in the Environment, Rulemaking on Sanitary Sewer Overflows, etc. (newsletter).

 

Rural Water Reaches Out to National Hospice Association to Prevent Pharmaceuticals from Reaching Water Sources – lead by the initiative of Florida Rural Water, NRWA has begun a dialogue with the national association of hospice.  Florida rural water is holding an unused medicines collection day at a member water utility to demonstrate leadership from water utilities in keeping flushed unused medicines out of waters and to provide an alternative disposal opportunity.  At the national level we will be discussing the current policy of flushing unused medicines for disposal.  Thank you FL rural water for the innovative directive and ideas.

 

From Wisconsin Rural Water – “Bottled Water Scam, the industry would have us believe that their product is purer than tap water and free of harmful chemicals and micro-organisms; however, research suggests that about a third of all bottled water is contaminated.  Our own Public Health Madison and Dane County laboratory has found bacteria and some chemical contaminants in bottled water at levels above the acceptable range for municipal drinking water.” (more)

 

EPA’s Climate Ready Water Utility Working Group – continues on their exorable march toward crafting a policy or recommendation on defining a climate ready water utility.  Rural water is represented on the panel by our tireless traveler Paul Whittemore with Granite State Rural Water Association who will attend the next EPA meeting in Colorado in July (see agenda).  This panel plans to distribute a draft Report the week of June 7th.  The Colorado meeting’s objective is to reach closure on the majority of Charge areas (see previous draft report).

 

EPA Announces New Research – on the identification of high-priority distribution system research and information collection project areas (more).  Additionally, EPA recently added a resource web page, which provides links to each states' cross-connection control and backflow prevention requirements (see more).

 

AWWA Backs House SRF Rewrite Legislation (more) – two weeks ago, Steve Levy with Maine Rural Water was invited by a House Committee to testify on the legislation to reauthorize the SRF (see all the witnesses’ testimony) and watch the hearing on here.

 

Rural Water Emergency Response – representatives of the City of Bay St Louis (MS) will be giving a presentation to the Deputy Director of FEMA about the response to Katrina in the coming days.  Part of the presentation will be on how much MsRWA and the surrounding rural water states were there to help them restore service even for weeks after the storm.

 

June 1, 2010

House Extends Build America BondsThe House passed a bill on Friday that would extend the BABs program as part of a broader tax bill, passed by a vote of 215 to 204.  Senate leaders say they expect to pass a measure resembling the one approved by the House soon after the Memorial Day recess (see summary of bill). The new applicable percentage is: 2009 or 2010 – 35%, 2011 – 32%, 2012 – 30%.

 

May 28, 2010

NYC Study Shows No Risk from Pharmaceuticals in NYC Drinking Water Findings Confirm NYC Water is Safe and Healthy to Drink – NYC DEP has concluded a study that indicates that the presence of pharmaceuticals in Gotham's source waters pose no public health risks. The one-year pilot program tested for the presence of pharmaceuticals in the city's three upstate watersheds, finding only extremely minute quantities of these compounds. The findings confirm that NYC Water remains safe and healthy for the 9 million New Yorkers who rely on it each day (more).

 

From the Economist, a Special Report on Water – topics: But many water providers still have a long way to go, Can the world solve its water problems?, China's peasants look to the skies, If water has the capacity to enhance life, its absence has the capacity to make it miserable, No country manages its water as well as Singapore, Water, it is said, is the new oil, For decades the Great Lakes region has seen a slow ebb, Making farmers matter, The ups and downs of dams, Mostly because of farming, water is increasingly scarce. Managing it better could help, How to avoid water wars, and How to make tight supplies go further (see all articles).

 

EPA’s Agenda on Distribution Systems – and EPA panel has released the Priorities of the Distribution System Research and Information Collection Partnership (Priorities document).  The Priorities document is a product of the Research and Information Collection Partnership (comprised of EPA and the Water Research Foundation) to identify priorities for research and information collection on seven distribution system issues (more).  Also, a compilation of existing cross connection control requirements, guidance, and other information has been published (more).

 

May 27, 2010

Dr. Water (Peter Gleick) On Anti Bottled Water Media Tour – goes in-depth with Diane Rhem on bottle water today (listen).

 

Politics Delays Tax Extenders Bill – some House Democrats want to see a less expensive price tag on package of tax breaks, benefit extensions, physician reimbursements and other items before agreeing to vote. That could put the bill in danger of being shelved until after the Memorial Day recess, although Speaker Pelosi pledged the problems would be resolved before then.

 

Build America Bonds Update (BABs)Build America Bonds, the fastest-growing part of the $2.8 trillion municipal bond market, would be extended and their subsidy cut under a jobs bill scheduled for a vote in the Congress today (more).  The BABs program, created last year in the economic-stimulus package, is set to expire at year-end.  The bill before Congress would extend it to 2012 and reduce the subsidy the federal government pays to issuers on the bonds’ interest to 30 percent from 35 percent.

 

May 26, 2010

EPA Releases 2011 National Water Guidance – which describes water program priorities and strategies, including the suite of water performance measures and their targets, for the coming fiscal year (more).

 

EPA Announces New Clean Water Act Enforcement Web Tools – a new set of web tools, data, and interactive maps to inform the public about serious Clean Water Act violations in their communities from 40,000 permitted Clean Water Act dischargers across the country. The report lists state-by-state summary data of violations and enforcement responses taken by the states for smaller facilities (more). 

 

Quality of Water from Public-Supply Wells in the United States, 1993-2007 – about 105 million people receive drinking water from 140,000 public water systems that rely on groundwater pumped from wells.  USGS studied the occurrence of naturally occurring and man-made contaminants in source water from public wells (more).

 

The Bureau of Reclamation Has $1 Million Available for Desalination and Advanced Water Treatment – pilot scale projects, and demonstration scale projects in desalination and water purification (more).  Reclamation is partnering with private industry, universities, water utilities, and others to address a broad range of desalting and water purification needs.

 

May 25, 2010

Public Citizen’s Analysis of the Private Water Industry’s Agenda (more).

 

The President’s Cancer Panel’s Report(page 27) number one recommendation to reduce chemical exposures, “removing shoes before entering the home….” And number tow, “Filtering home tap or well water…”

 

New York Times Science Writer Reviews Dr. Matt Ridley’s book The Rational Optimist – Tierney writes, “Every now and then, someone comes along to note that society has failed to collapse and might go on prospering … Dr. Ridley expects bottom-up innovators to prevail. His prediction for the rest of the century: ‘Prosperity spreads, technology progresses, poverty declines, disease retreats, fecundity falls, happiness increases, violence atrophies, freedom grows, knowledge flourishes, the environment improves and wilderness expands.’”

 

May 23, 2010

Rural Water Success, Waxman/Markey SDWA Bill Includes Etheridge Bill – see note to Congressmen Etheridge and section of bill that is predicated on the Etheridge bill.  The corollary of this success is that there is now no opposition to awarding EPA technical assistance based on merit and the may lead to the elimination of the need to annual ask Congress to earmark technical assistance funding.  EPA opposed this provision in the Waxman/Markey bill saying they it was beyond their ability to determine what type of technical assistance was most beneficial to small and rural communities.  See news article on the Subcommittee passage of the bill, which covers the partisan vote on Davis Bacon and the successful vote on the amendment by LA Congressman Melancon on increasing technical assistance funding (more).

 

EPA Continues to Reform TCR Rule – rural water continues to press for immediate reform of the misleading public notice requirements in the current TCR rule.  Last week, Rural Water raised, again, the idea of immediately eliminating the pubic notice for total coliform violations.  EPA seemed to a have responded that this could occur presently.  David with DE rural water followed up with EPA for the exact process that states can use to waive the current PN for non-health related TCR violations. We will post EPA’s response ASAP.  See all the data, updates, and ppts presented to the TCR stakeholders meeting last week at EPA headquarters.

 

Should Rural Water Support Lifting the Cap on Private Actively Bonds for Water Projects (more)?  The private water industry strongly backs the idea… pressing for passage of S. 3262 and H.R. 537, which continue to receive positive attention in Congress for the bill.  The private water industry says the bills are a “low-cost and creative approach to tapping private capital for water infrastructure investment projects.” (see more)

 

Study On Perchlorate Bolsters Industry Fight Against EPA Rules – a new study indicating that pregnant women’s thyroid function is not harmed by drinking water tainted with the rocket fuel ingredient perchlorate, undermining the findings of a landmark 2006 study that environmentalists have cited to pressure EPA to strictly regulate the chemical. EPA is also said to be considering an alternative approach for limiting the risks of perchlorate exposure that relies on nutritional supplements to offset potential harms from the chemical, which is known to contaminate drinking water sources in 35 U.S. states. The findings could call into question the 2006 study by CDC indicating that as many as one-third of American women could be at risk for thyroid problems from food and water exposure (more).

 

Maine Program Keeps Drugs Out of Water Supply – a ton of unused pharmaceuticals was prevented from entering the water supply and landfills under a pilot mail-back program undertaken in Maine and funded by a grant from the EPA.  Pharmaceuticals are among the most prominent emerging contaminants in drinking water. EPA is planning a survey of water utilities that will try to gauge the presence of drugs and other pollutants in drinking water.  A total of 9,400 envelopes was distributed and 3,926 (42 percent) were returned (more).  Florida Rural Water is planning to hold an unused pharmaceuticals collection day at a water utility soon to demonstrate leadership in keeping the medicines out of waters.

 

EPA Claims Congress Forced Davis Bacon Wage Rules For Water Funds – EPA is saying that “plain language” in the agency’s fiscal year 2010 appropriations law required the broad application by failing to include text to limit its scope. In a letter to senators who are critical of the wage provisions’ application to past agency water funds, EPA says the agency is bound by the language of the FY10 spending law to take that approach and that the law fails to include “restricting language” that could otherwise limit application of the wage requirements to amounts awarded to states from that particular appropriations law and ban it from applying to other funds. Some states are so concerned over the policy that they are weighing litigation against EPA over the issue.

 

May 19, 2010

House Subcommittee Moves to Pass SRF Reauthorization Today (more).

 

Rural Water Backs Rep. Melancon’s Amendment to SRF Reauthorization bill (more).

 

Update on Xenia Rural Water’s Financial Troubles from Bond Buyer (see more).

 

Media Perplexed by Rural Water’s Support of Waxman/Markey SRF Reauthorization Bill (more).

 

Boil Water Orders – around the country and their implications (more).

 

May 18, 2010

New EPA Video Highlights the Water Profession – as a career for young adults (watch).

 

Peter Gleick Discussing Bottled vs TAP Water on NPR’s Fresh Air (listen).  John with MA rural water forward us the feature and said Dr. Gleick has some interesting observations and useful anecdotes.

 

Reclamation Funding for Rural Development Available Nowthe Bureau announced the availability of the funding opportunity announcement for the Rural Water Supply Program to assess their potable water supply needs and identify options to address those needs. The grant announcement is available on www.grants.gov using funding opportunity number R10SF80458.  Reclamation will make at least $2 million available for conducting appraisal investigations and feasibility studies through grants and cooperative agreements.  A statement of interest is due by May 28, 2010.  To learn more about Reclamation's Rural Water Program and this Funding Opportunity Announcement please visit www.usbr.gov/ruralwater.

 

1926(b) Decision from the 8th Circuit Reverses USDA Position – that indebtedness for sewer loan will provide 1926(b) protection for water service (see opinion).  Attorney Steve Harris to file motion to reconsider (and motion for en banc review) in the coming days.  Harris says the decision is also a rejection of 10th Circuit law, creating a fairly clear conflict between the two circuits.

 

May 13, 2010

Steve Levy with Maine Rural Water Just Wrapped Testifying – in the House of Representatives on new legislation to reauthorize the state revolving loan fund (see all the witnesses’ testimony) and watch the hearing on here.

 

May 12, 2010

Rural Water’s Testimony on the House SRF Bill to be delivered tomorrow AM by Steve Levy (pdf or doc).  The hearing should be telecasted on the net at the committee’s page.

 

May 10, 2010

House SRF Reauthorization Bill (final).

 

May 7, 2010

Chairman Dicks Message to Rural Water on EPA Funding (more).

 

House SRF Reauthorization Bill – the House Energy and Commerce Committee has drafted a bill to reauthorize the drinking water SRF (see draft bill).  The committee intends to introduce the bill next week and hold a hearing on the bill this Thursday.  They have invited rural water to testify on the bill and we are hoping Delaware Rural Water’s David Baird will be able to appear on our (your) behalf.  See the initial comments on the bill from members of the rural water Regulatory Committee (comments).

 

Tenn. Rural Water Taking the Threat to 7 USC Section 1926(b) Seriously – TAUD has initiated a grassroots campaign to thwart the NLC effort to seek legislative repeal of 1926(b) – see their campaign announcement.

 

2012 Farm Bill Hearings Taking Place Around the Country – see their announcement and schedule.  Mark Pepper with WY rural water attended the Wyoming hearing upon request from his Congresswoman and said “the hearing was very interesting as was the reception the night before.”  Mark attended to discuss the rural water technical assistance programs that are authorized in the Farm bill.  Also, 7 USC 1926(b) is authorized in the Farm Bill (NRWA’s 1926(b) homepage and recent statement on the issue to the House Agriculture Committee).

 

Total Coliform Rule Revision – this epic continues next week at EPA (see agenda), David DE rural water and Paul NH rural water will represent rural water at the meetings (video documentary on the effort on YouTube).

 

House Appropriations Chairman Obey (WI) to Retire – long-time rural water supporter and legendary Chairman of the powerful House Committee announces his retirement.  Announcement ignites battle among appropriations committee members (Rep. Dicks-WA and Rep. Fatah-PA) to win the vote to become the next chairman (more). 

 

Precautionary Principle in Congress, the U.S., and Europe – (the following is excerpted from www.acsh.org) ACSH’s and the Hoover Institution discuss the flawed logic of the precautionary principle and how it relates to a proposed federal ban on the chemical BPA from food containers (published in Forbes).  The President’s Cancer Panel has caused quite a stir with its release of a report imputing cancer to environmental chemicals. The report practically plagiarizes the work of anti-chemical activist groups, including the Environmental Working Group’s catchphrase that babies are “pre-polluted” with chemicals, and in its frequent homage to the precautionary principle.   “This so-called Presidential Cancer Panel, which consists of two physicians, has obviously been politically pressured by the activists running the EPA,” says ACSH’s Dr. Gilbert Ross. “When they mention babies being ‘pre-polluted’ and the alleged dangers of all of these chemicals, they not only sign their name to activist screeds, they neglect to mention that the dose makes the poison, and that finding traces of chemicals at levels of parts-per-billion does not imply a health hazard. And of course they do not address the potential health hazards of banning important chemicals from consumer products.”   The New York Times’ Nicholas Kristof, who is not known for dry-eyed rationality when it comes to chemicals like BPA, is in a predictable state of panic: “One reason for concern is that some cancers are becoming more common, particularly in children. We don’t know why that is, but the proliferation of chemicals in water, foods, air and household products is widely suspected as a factor.” Kristof also seems credulous when the report blames “the existing regulatory presumption that chemicals are safe unless strong evidence emerges to the contrary.”  “One ‘devil chemical’ that pervades this report is BPA,” says Dr. Whelan. “Scientific panels are under so much activist pressure to ban BPA that even when the FDA did its third evaluation and still found no evidence of danger, they added some words of caution to appease the activists. What makes the report even more insidious is that imaginary dangers like using plastic food containers are mixed together with actual risk factors like smoking and excess UV radiation, so that unscientific chemical ‘dangers’ are implicitly compared to smoking. Dr. Michael Thun, emeritus vice president of epidemiology at the American Cancer Society, “we agree that there are many important issues here … but a reader would come away from this report believing that pollutants cause most cancer,” Dr. Thun tells the L.A. Times “In fact most cancers are caused by tobacco, alcohol, overexposure to ultraviolet light, radiation and sexually transmitted infections. The report ‘presents an unbalanced perspective’ of the relative importance of these various factors, he said.”

 

Mexico City Doesn’t Treat Their Wastewater – but plans to start and locals who reply on raw sewage to farming livelihood worry (more at NYTimes).

 

EPA’s Deliberations on Defining a “Climate Read Water Utility….” – Paul with NH rural water attended EPA’s advisory committee meeting this week in Chicago on the topic (more).  Paul raised two key points: (1) that many small communities are stressed with the current demands placed on them by EPA, etc., and we don’t want to divert their attention to immediate critical demands with possible less critical (and clearly uncertain) demands of planning for climate change, and (2) water utilities are already planning for future contingencies of water supply and crises management – and it is unclear what additionally is needed to be consider climate change ready.  Paul’s points to raise much discussion on the panel, which will be meeting for the rest of the year to try and negotiate a policy on the topic (see the latest from the panel and a compendium of literature on the issue).

 

Senators Introduce S. 3262 to Allow More Tax-Exempt Private Activity Bond Funding for Water Projects - the Sustainable Water Infrastructure Investment Act of 2010, S. 3262, will remove state volume caps on private activity bonds (PABs) for water and wastewater projects, freeing up billions of private capital dollars for investment in the nation’s water infrastructure. A similar bill introduced in the U.S. House of Representatives last year by Congressman Bill Pascrell (D-N.J.) was passed by the House as part of the Small Business and Infrastructure Tax Act (H.R. 4849) last month (more).

 

Wisconsin’s Phosphorus Program – the state is considering new rules to reduce phosphorus in lakes, rivers and streams…   But a traditional regulatory approach - focusing primarily on municipal wastewater treatment plants, industry and commercial sources of phosphorus - will not be effective in achieving meaningful improvements in water quality.  In most watersheds, those sources account for only 10 percent to 20 percent of the phosphorus reaching Wisconsin's waterways.  The majority of phosphorus comes from runoff from agricultural fields, construction sites and urban areas. Without effective control of these sources, phosphorus discharges to water will not be significantly reduced (Madison Metro. Sewerage District).

 

Is Green Infrastructure Good Policy - states and other water interests are questioning the usefulness of green infrastructure projects to meet EPA requirements for receiving fiscal year 2010 water infrastructure funding through the agency’s state revolving loan fund (SRF) programs which requires at least 20 percent of clean water and drinking water SRF money to be spent on green infrastructure.  EPA says states should not use the SRF to “encourage the expansion of centralized infrastructure to accommodate growth where there are available projects that repair, replace, and upgrade infrastructure in existing communities.” But some state officials fear there may not be enough green infrastructure projects that meet the set-aside requirements and address SDWA’s public health requirements. One state source says trying to find projects to meet the 20 percent set-aside could impede projects that have public health benefits. States may have more pressing public health needs that cannot be addressed by green infrastructure, the source says, adding that it is more difficult to find green infrastructure projects in drinking water systems compared to wastewater treatment systems.

 

States Urge EPA Not To Implement Florida Nutrient Process Nationally - and are questioning the validity of EPA’s ability to accurately connect nutrient limits in Clean Water Act (CWA) permits and with improved aquatic ecosystem health through the methods EPA plans to use to set numeric nutrient water quality criteria in Florida and are urging the agency to avoid using the methods as a model nationally.  However, many believe EPA is likely to use the same approach in other states that are continuing to rely on less precise narrative nutrient criteria, and the proposed criteria for Florida have drawn more than 2,300 comments by the April 28 deadline. Activists are increasingly looking to EPA to pressure states into implementing numeric water quality criteria for a range of pollutants in order to bypass a perceived reticence by state regulators, using EPA’s issuance of numeric criteria for nutrients in Florida as a model for action.

 

Times Square Bomb Relevance to Water – we were asked just is the relevance?  One, culprit used propone cylinders and gasoline to weaponize the bomb.  Chlorine cylinders have been considered a likely potential component of such bombs – the point that many systems are supplanting gas with bleach.  Two, the terrorist chose a crowed city center as his target.  Water systems have been determined to be critical infrastructure for protection the federal government.

 

May 2, 2010

Times Square Bomb Relevance to Water – a member of the public alerted police.  The bomb was made up of gunpowder, three propane tanks and two five-gallon containers of gasoline. A metal box resembling a gun cabinet was retrieved from the car with eight bags of unknown substance (perhaps fertilizer).  Bomb said to be incendiary in nature, similarities to two car bombs planted by Islamic terrorists outside nightclub in London in 2007. All material said to be easily and locally obtainable.  "Times Square, I think, is now safe," said DHS Sec. Napolitano.

 

Boston Boil Water Order Impacts 2 Millioncould be without safe water until midweek, as efforts continued to repair a major pipe supplying treated water to the region.  MA Governor declares state of emergency, run on bottled water in area, people showing up in emergency rooms worried they drank unclean water.  Pipe break caused 8 million gallons of water per hour flooding into the nearby Charles River (source).

 

AWWA Security Funding Catalogue – list all agencies, all programs, and case studies (see report).

 

House Appropriations Delays – House Appropriations Budget Chairman Spratt said Thursday that Democratic leaders will have to decide soon whether or not to pursue an FY11 budget resolution in order to have a fighting chance to pass appropriations bills out of the House by the August recess. "The appropriators have got to start marking up their bills if we are going to get a number of the bills passed by the first of August," Spratt said. "They are going to need a green light pretty soon."

 

Lobbying Congress To Delay EPA Arsenic Risk Assessment – Industry groups are launching a new congressional lobbying push to win support for their effort to delay EPA’s controversial draft cancer assessment of arsenic, which strengthens the agency’s existing hazard assessment of the chemical by 17 times, in a bid to force EPA to include new data that industry hopes will soften the assessment.  The new lobbying push comes as EPA’s science advisers are reviewing the agency’s draft assessment, a review that industry charges is too narrowly focused to consider their concerns and could result in unattainable standards for water, waste and toxics regulations. Many have sent the agency a number of letters, complaining about the scope of the peer review, the conduct of the chairwoman, Elaine Faustman, a University of Washington professor, and urging EPA to include an additional 200 studies that industry says the agency should include in the assessment. EPA is sorting through data to update its cancer risk estimate for inorganic arsenic. EPA’s draft Toxicological Review of Inorganic Arsenic, published Feb. 19, estimates a cancer risk 17 times greater than the current estimate.  However, EPA will not incorporate the latest peer-review published arsenic studies and continue to reply on the southwestern Taiwan data from the 1960s (Wu & Chen).  In a 2007 report, the Science Advisory Board agreed that the Taiwan database “remains, at this time, the most appropriate choice for estimating bladder cancer risk among humans, though the data have considerable limitations” (see full article including interview with Dr. Lamm).  A collection of scientists filed a 25-page analysis contradicting EPA’s recent assessment of their data set, which does not include the peer-review published studies refuting EPA’s risk assumptions (see their comments).

 

April 30, 201

Is Colorado the Next Wisconsin, Which Was the Next Florida for Numerical Nutrient Criteria? – The WI DNS is currently proposing changes in phosphorus limits in rivers and streams.  About 163 wastewater treatment plants would have to install new filtration systems at a cost between $1.8 million and $26 million per system. Now Colorado is conducting “discussion” regarding NNC (more).  The Florida conflagration is well under way – and last week FL rural water submitted comments to EPA that included the point that that statistical review of EPA data used to propose this rule showed flaws (see comments).  Florida is warning other states (WI, CO, etc.) on the potential for lawsuits to carry this situation to more states.  This Florida Congressman sent this letter of protest to EPA on the issue.

 

Jim Dunlap’s Vision Coming to Fruition – in mid May, the Bureau of Reclamation will publish an announcement of funding (at http://grants.gov/) for the appraisal and feasibility studies of rural water systems – as authorized by the Rural Water Supply Act of 2006 (PL 109-451). In Dec. 2008, Reclamation published an interim final rule, which spells out the eligibility and programmatic criteria (www.usbr.gov/ruralwater).  Reclamation will announce how they will evaluate the proposals concurrently with publication of the funding announcement. About $2 million will be available for these initial studies.

 

EPA to Launch Pilot Program to Test Water Quality at Schools, Day-Care Centers - to test the lead content of drinking water (more).

 

Biosolids Case Before Supreme Court – water authorities are calling on the U.S. Supreme Court to review a decision by an appellate courts that they say could set a precedent that allows communities to bar disposal of biosolids that are transported in from other jurisdictions (City of Los Angeles v. County of Kern).  Water agency organizations are siding with the city of Los Angeles in the city's challenge of the circuit court decision.  They said it could pose problems for water authorities throughout the country when disposing of treated domestic sewage sludge, also known as biosolids.

 

April 29, 2010

EPA Prepares for Climate Change Planning for Water Utilities – see their draft policy on “Climate Ready Water Utilities.”  Paul from NH rural water is a member of this advisory panel and had the following comments on this process so far.  The advisory group meets next week in Chicago.

 

7 USC Sec. 1926(b) – Larry with TN rural water discussed 1926(b) with the deputy of USDA’s rural development agency – and Larry scribed the following memorandum on the merits of the 1926(b) to the deputy Under Secretary.

 

EPA Releases Guidance Document on Implementing the Special Provisions of this Year’s SRFs (see EPA memo).

 

EPA and Water System Sustainability – Steve Levy with ME rural water attended the CIFA conference this week in Washington.  Every aspect of state agency funding was covered in detail.  This document was distributed at the meeting, which looks like an EPA sustainability document (however, it is not titled).

 

April 26, 2010

Privatization in USA Today – “the City Manager has advice for communities that are tempted to sell their water systems to ease budget woes: "Be very cautious." Pekin, a city of 34,000, doesn't own its water system. If it did, Kief believes, rates would be lower and extending water lines to an expansion of Pekin's industrial park and along a new bypass would be less complicated. Most important, he says, owning such a crucial part of its infrastructure would mean Pekin could "control our own destiny." Dick Hierstein was Pekin's city manager when the referendum passed. Selling a water system to a private company is ‘a terrible, terrible mistake,’ he says.” (USA Today)

 

April 25, 2010

Status of Appropriations Bill – Congress is delayed in passing their annual budget this year.  This article attempts to identify the problems causing the delay.  The budget process is often the first step in the appropriations process, which some Republicans are claiming is going to be delayed and controversial – including the likelihood of completion of appropriations bills after the election (more).

 

Key House Leaders Facing Tough Elections – including long-time rural water supporters like Chairman Obey, etc (NYTimes)

 

Key House Chairman Introduces CWA Clarification Bill to Address Recent Supreme Court Ruling Limiting Federal Authority Over the Intrastate Waters (more).  Fox News video report on the bill (watch).

 

Malta, MT Break-in – residents were told to avoid using city water — not for drinking, cooking, washing or even flushing — after someone broke into a secured area around the town's two tanks sometime Saturday.  Montana Rural Water responded to the emergency last Sunday and Monday (more).  Malta Public Works warned people through the radio and posted signs on billboards around town, schools closed, etc.

 

Bottle Water Apostasy – "Carrying bottled water is on its way to being as cool as smoking while pregnant," claims the video "The Story of Bottled Water," which debuted on YouTube last month and garnered more than 450,000 views.  The bottled water companies, the video insists, are "scaring us, seducing us, misleading us" into buying their products. Leonard, the writer and narrator, gives plenty of reasons why more and more people want to "take back the tap." (more)

 

Wisconsin the Next Florida for Numerical Nutrient Criteria? - The WI DNS is currently proposing changes in phosphorus limits in rivers and streams, and according to the DNR’s own estimates, to comply with the proposed regulations, 163 wastewater treatment plants would have to install new filtration systems at a cost between $1.8 million and $6.9 million per system.  A municipal group puts the estimated cost per system between $8.6 million and $26 million per system once land acquisition and other costs are included.  This rule does not address agricultural runoff, failing septic systems or other sources that account for up to 80% of the phosphorus pollution in Wisconsin waters.  We will check in with Vermont this week and see how their state’s actions are moving along.

 

1926(b) Response to House Committee – the Rural Water Alliance filed the following response to the House Agriculture Committee’s question on 1926(b).

 

Chemical Security Update - Legislation passed in the House last fall would require water systems with certain chemicals including chlorine to consider converting to safer alternatives and submit to stricter oversight by the EPA. Sen. Lautenberg (NJ) has said he will introduce a bill at least as rigorous as the House version in the near future.  However at a March 3, Senate hearing, the chemistry industry argued for the status quo, saying they have taken steps to prevent accidental or terrorist-induced releases of dangerous compounds. Sen. Collins (R-Maine) is sympathetic to their position and has introduced legislation that would extend existing regulations for five years. Senate Homeland Security Committee Chair Lieberman (CT) has called current exemption for the nation’s drinking water and wastewater treatment plants a “troublesome security gap.” Both types of operations would be covered under the 2009 House bill (more).

 

Graham Quits Climate Talks Days Before Releasing Senate Legislative Proposal - dimming hopes for a bill.  Sen. Graham (SC) pulled out of negotiations to forge a climate- change bill, protesting what he called a “cynical ploy” by Democrats to focus instead on immigration.  Graham’s move dimmed hopes for legislation that he was set to unveil tomorrow with Senators Kerry (MA), and Lieberman (CT), after more than six months of work (more).

 

USDA’s Rural Water Earth Day Celebration – Sec. Vilsack announced that 69 water and environmental projects will provide critical water and wastewater infrastructure improvements and help protect water quality and the environment in 36 states (more).

 

Carbon Capture and Storage Rule UpdateMany water utility officials are concerned that EPA is considering granting industry a conditional exemption from hazardous waste laws for carbon dioxide (CO2) sequestered underground -- the preferred method for complying with new greenhouse gas controls -- before policymakers have dealt with the issue of long-term liability for possible harm to drinking water, human health and environment.  The officials fear any exemption could prevent them from recouping damages in the event CO2 leaks, damaging drinking water resources.  EPA recently announced that it is “considering a proposed rule under [the Resource, Conservation & Recovery Act (RCRA)] to explore options such as a conditional exemption from the RCRA requirements for hazardous CO2 streams in order to facilitate implementation of [geologic sequestration of CO2] while protecting human health and the environment.”  EPA made the announcement in its just-released Action Initiation List for February 2010.  Many industry officials have raised concerns that they could face massive remediation liability under RCRA and other environmental laws, in the event the gas that is pumped into CCS wells contaminates drinking water or harms human health, because the Supreme Court has ruled that CO2 is a “pollutant” under the Clean Air Act. A proposed rule EPA issued in 2008 under the Safe Drinking Water Act (SDWA) set standards and financial assurance requirements for CCS wells, but stopped short of clarifying the scope of potential industry liability. EPA’s proposed rule, which the agency is scheduled to promulgate at the end of 2010, creates a new class of underground injection control (UIC) wells for CCS designed to protect underground sources of drinking water from potential contamination by CO2, which can acidify water.

 

April 19, 2010

1926(b) Update – our Rural Development Policy Wonkissimo, Bill Simpson submitted the following reply on 1926(b) to the House Ag Committee (in response to their question) last week.  Elmer noted that the “bare ground’ or growth areas issue is not covered in the response, so we will cover that issue in the near future.  The National League of Cities recently adopted a resolution to change 1926(b) in Congress. We are considering how to address this issue at the national level.  Larry with TN rural water recently raised the topic with the head of USDA’s rural water agency.  Under the previous administration, USDA was considering a review of the merit and appropriateness of the current 1926(b) authorities.  This apparently was the result of the City of Guthrie’s (Oklahoma) concerns about 1926(b) that were presented to USDA.  Rural Water continues our offer to help – USDA, municipal groups, and any other organization analyzing the merit of 1926(b).

 

Published in Epidemiology (5/10 - Vol 21, p. 300), “There was little or no evidence for associations between total trihalomethane concentration and adverse birth outcomes relating to fetal growth and prematurity…(more)

 

White House Interagency Task Force on Carbon Capture Meeting – on May 6, 2010.  The meeting will provide information about the Task Force and feature experts on capture and storage systems (more).

 

Safer Chlorine Technology Can Be Hazardous – 4/12, HazMat Teams from Phoenix responded to a chlorine bleach spill. A truck lost part of its load of chlorine bleach leaving 1,000 gallons of the material on the roadway. A driver of a chlorine bleach tanker in Georgia was killed when the rig rolled over spilling an estimated 4,000 gallons of a 10% commercial sodium hypochlorite solution.  “Switching to a safer technology or product doesn’t mean hazard elimination” (source).

 

Utility Pay $100,000+ Settlement Over RMP Violations – St. Maries, Idaho have agreed to pay a $9,220 penalty and spend an estimated $113,550 to settle EPA Risk Management Program violations. The settlement came after EPA found that the city lacked an emergency prevention program to protect the public and the environment from an off-site release of chlorine at its wastewater treatment plant (more).

 

April 15, 2010

kramer

EPA’s Forum on Clean Water and Sustainable Communitieswe attended this elite EPA function today which featured the EPA Administrator, the Assistant Administrator for Water, past EPA Administrators and many other water luminaries (see agenda and background policy papers).  Most notable from the rural water perceptive was a presentation from former EPA Administrator Bill Ruckelshaus on watershed protection.  Mr. Ruckelshaus is the chair of the Puget Sound Partnership, a community effort of citizens, governments, tribes, scientists and businesses working together to restore and protect the sound.  In his talk, Mr. Ruckelshaus detailed the history of a local source water protection plan on the Nisqually river.  He explained that after years of the local fighting, suits, courts, ineffective enforcement and general acrimony a new process worked.  The new process was that of facilitated collaboration and understanding among stakeholders, saying that all the interests where willing to accommodate the other stakeholders (farmers, recreation, aquatic life, drinking water, etc.) but they needed a deliberative/collaborative process.  The process took a long-time but proved to be remarkably effective and harmonizing among the various water interests… going on to say that such consensus decreases (makes irrelevant) the need for governmental authorities.  He emphasized the importance of leadership in the process and believes the goal of national watershed protection policy is to transfer this approach to other watersheds.  He said regulators need to treat rural and agriculture land-use interests like costumers, and that young regulators six-months out of college with their regulatory manual coming out to enforce “the manual” often don’t go over well in rural areas… and lead to resentment – and the raise of property rights groups, etc.  He, half seriously, said he wished all the environmental regulators could go to charm school.  What is most prescient and relevant about this speech is that is sounded like Mr. Ruckelshaus was channeling John Montgomery when he divined the rural water source water protection program back in 1999 which has resulted in hundreds of locally supported watershed protection plans.

 

Florida Rural Water Takes on the EPA – on one of the broadest, costliest, and burdensome Clean Water Act regulations ever (see their latest effort in their grassroots campaign to make EPA rule reasonable in Florida).

 

NPR Reports Mississippi Farmer Chicken Efforts to Reduced Phosphorous Runoff by Developing Manure Digesters to Generate Power (listen).   The farmer has made a profit off the emergency sales.

 

Rural Water Executive Directors in DC – Steve Levy (ME), Gary Rhoades (WA), and Dennis Sternbrg (A) were all in DC this week for with events with key Members of Congress.

 

Former Environmental Layer Takes Over DC’s Water Supply - George Hawkins, the new head of the D.C. Water and Sewer Authority, his task is to replace pipes that are in some cases 100 years old -- and to convince residents to pay for these improvements.  Hear how Hawkins plans how to sale rate increase to DC residents (listen to interview).

 

Waukesha, WI to Pay $164,000,000 to Remediate Naturally Occurring Radium from Their Watersee article and see their EPA compliance report.

 

Hungarian Water War – City officials forcibly reclaim water system from Suez Inc (news video report).  Mayor says “we reclaimed the system from a multinational corporation that was making profits from exploiting our water.”

 

April 11, 2010

 

1926(b) Happenings…. Larry with TN rural water met with the head of USDA’s rural development agencies and discussed the importance of 1926(b) last week, and NRWA replied to the House Agriculture Committee’s question: “what would be the effect of amending 7 U.S.C. § 1926(b) to allow municipalities the ability to serve customers inside a rural utility district, and what impact might that have on the utility district’s ability to fulfill its obligations?” (see question).  Here is the draft of the reply; the final version (completed by Bill Simpson) will be posted tomorrow.

 

April 9, 2010

EPA Draft Report Interpreting the FY2010 SRF Provisions – for states’ Intended Use Plans (see report).  SRF provisions include additional subsidies, green projects, funding for decentralized wastewater

Systems, etc.

 

EPA to Hold Total Coliform Rule Stakeholder Meeting May 11&12 – rural water Paul from New Hampshire and David from Delaware were members of this EPA advisory panel that recommended the elimination of the current public notice requirements for total colifrom violations (see agenda).  The draft revisions to the TCR rule include a system self assessment to replace the current MCL volitions for positive total coliforms – here is an example of self-assessment from New Hampshire that will be discussed at the May meeting.

 

Wisconsin Looking at Statewide Rules to Reducing Phosphorus – rules that would affect industry and municipal wastewater treatment plants that release phosphorus in their discharges (more).

 

Kansas Releases, "Guidelines for the Transfer of Water Service Territory Between Cities and Rural Water Districts." - to provide assistance to cities and rural water districts to help them deal with water service to annexed land, requests for water service outside of city boundaries, or between other rural water districts (see guidelines).

 

Overview of Current Domestic Water Supply Infrastructure StatusU.S. Conference of Mayors “Trends in Local Government Expenditures on Public Water and Wastewater Services and Infrastructure: Past, Present and Future.”

 

EPA Continues to Determine Their New Sustainability Policysee agenda from this week’s teleconference meeting attended by panel member and NRWA board member from Cali, Mel Aust.  Mel’s participation is ensuring the policy with by helpful and reasonable for small communities.

 

April 6, 2010

The House on 3/24 Passed the Small Business and Infrastructure Jobs Tax Act of 2010 (H.R. 4849) – the bill provides incentives for small-business investment, relief for overburdened small-business owners, and expanded opportunity for infrastructure investment by states and localities in part through the removal of state volume caps on private activity bonds (PABs) for water and wastewater financing. Also included in the bill was a one-year extension of the Alternative Minimum Tax (AMT) exemption for private activity bonds and an extension of the Build America Bond program.  Rep. Bernice Johnson (TX) spoke about her enthusiasm for the proposal on the floor of the U.S. House of Representatives: “Removing state volume caps on Private Activity Bonds for water and wastewater facilities is expected to reduce the cost of water projects, increase the number of water projects that communities initiate, improve our Nation’s water infrastructure, and encourage public-private partnerships.”

 

EPA Exploring Use of Clean Water Act to Control Greenhouse Gases – citing increases in oceans acidic at a rate that's alarmed some scientists (more).

 

Clean Water Act Citizen’s Suits in Baton Rogue for $2 Million in Fines – in wastewater system that is under consent decree with EPA.  However, EPA says they can’t say if consent decree is protection against citizen suits (more).

 

Natural Resources Conservation Service Announced $61.2 Million for Agricultural Water Enhancement Program (AWEP) Projects - to will help producers conserve surface and ground water and improve water quality on agricultural land.  Nongovernmental organizations are eligible for funding (more).

 

Recession is sending water bills up for many - for decades, U.S. manufacturing jobs have been slipping away driving up water rates (more MSNBC).

 

April 4, 2010

Appropriations Update – Final Letters (more).  Now that the Dear Colleague letters are finalized, all Members of the House should be asked to cosponsor HR 2206, especially House Members who would not request earmarks this year, because if enacted, HR 2206 would eliminate the need to earmark rural water funding and replace the earmark with a merit-based process for awarding EPA technical assistance funding.  And all Senators should be asked to introduce the bill in the Senate.  

 

Arsenic Science Update – scientists from American, Georgetown, and Johns Hopkins Universities (with recently published papers contradicting EPA’s risk assumptions from older data sets) contest EPA’s conclusion that “when appropriate models are used the (southwest) Taiwanese data show robust and significant positive associations between arsenic exposures and cancer risks for all the endpoints analyzed, even in low-exposure groups.”  Last week, the collection of scientists filed a 25-page analysis contradicting EPA’s recent assessment of their data set, which does not include the peer-review published studies refuting EPA’s risk assumptions (see their comments).

 

Congressional Inquiry Into 1926(b) Changes – at a recent hearing on the USDA water program, one Congressman asked “what would be the effect of amending 7 U.S.C. § 1926(b) to allow municipalities the ability to serve customers inside a rural utility district, and what impact might that have on the utility district’s ability to fulfill its obligations?” see question

 

March 30, 2010

EPA Adds Bisphenol-A Its List of Chemicals of Concern - requiring new studies of concentrations of the plastic in surface water, groundwater and drinking water to determine where it exists in levels requiring action (NYTimes).

 

MD Rural Water Steve Comments on EPA’s TMDL Burden – for Enhanced Nutrient Removal (ENR) for VA, MD, WV, PA, and NY that sets effluent concentration limits, plus annual weight caps (EPA).

 

March 29, 2010

National Geographic April Issue Devoted Entirely to Water (download).

 

AWWA Holds Capitol Hill Day – to press for key water issues in Congress (more).

 

EPA Stimulus (ARRA) Funding Awarded to West Virginia American Water – $3.85 million in stimulus funding for new water meters. American Water is the largest investor-owned U.S. water and wastewater utility company, headquartered in NJ.  American Water recently announced its American Water Stock Direct, a dividend reinvestment and direct stock purchase plan, which enables stockholders to reinvest cash dividends and purchase additional American Water common shares without any brokerage commissions or service charges.  Don Correll, president and CEO of American Water said, "We believe it provides a convenient and economic way to invest in American Water common stock."

 

Creative Kansas Passes New Law to Determine Value of Annexed Rural Water Districts“The district and the city shall each select one qualified appraiser and the two appraisers so selected shall then select a third appraiser for the purpose of conducting an appraisal to determine reasonable value of the property, facilities, improvements and going concern value of the facilities of the district annexed by the city (see legislation).”  Should NRWA offer to initiate a similar national process for resolving territorial disputes with the National League of Cites to respond to their opposition to the current 1926(b) law? 

 

March 26, 2010

USDA Announces $993,000 Available for Household Water Well System Grant Program - the deadline for completed applications for a HWWS grant is May 31, 2010. RUS will make grants to qualified private nonprofit organizations to establish lending programs for homeowners to borrow up to $11,000 to construct or repair household water wells for an existing home (more).

 

March 23, 2010

Chlorine Gas Often Gets the Blame - headlines read “chlorine gas sickens 32 people or kills gorillas at zoo.”  However, chlorine gas gets the blame for injuries and fatalities involving sodium hypochlorite (bleach) and calcium hypochlorite (granular chlorine). In making decisions related to use of disinfectants being used you may want to first become familiar with concepts and principles of inherently safer technology (IST) and life cycle assessment (LCA) to avoid another MBTE.  Chlorine in the headlines and additional information on IST / LCA may be viewed at: http://lepcnews.squarespace.com/chlorine-news/

 

EPA Announced Strategies to Curb Contaminants in Drinking Water (NYTimes).

 

Stockholm Water Prize Awarded U. S. Scientist for Research to Prevent Cholera (more).

 

March 21, 2010

 

EPA Releases New Water System Sustainability Proposal – restructuring and full-cost pricing included in new proposal (see proposal)

 

Etheridge Bill Relevance – House Republican Members would not sign any letter supporting earmarks, including rural water EPA funding.  Congressman Etheridge’s bill, HR 2206, if passed could allow rural water to continue to receive EPA technical assistance funding without relying on earmarking.

 

Chemical Security Focus in Senate – just after release of an advocacy group's report supporting water utilities' switch from gaseous chlorine (AWWA reports).

 

Troubled Xenia (Iowa) Water Votes on Higher Rates – to pay debt, which is part of a broader proposal to sell the utility and pay off $140 million in debt accrued (more).

 

EPA Issues Revised Guidance for the Public Notification (PN) Rule - to provide support regarding EPA's interpretation of the PN Rule since the addition of the Ground Water Rule, the Long Term 2 Enhanced Surface Water Treatment Rule, the Lead and Copper Rule - Short Term Revisions, and the Stage 2 Disinfection Byproducts Rule (more).  EPA retains rules that cause states and local governments that EPA’s public notification rules mislead, confuse, and unnecessarily alarm the public (more).

 

Agriculture Secretary Tom Vilsack says USDA is Funding Projects in 20 States – designed to protect public health by improving water quality and public sanitation services (more).

 

The Future: State Nutrient Limitations on Wastewater Treatment Systems…

 

  • Wisconsin – the state is moving forward on tougher phosphorous limits.  Affected groups say the cost of adhering to the new standards will be high, and that consumers will be left holding the bill. A group of 95 wastewater plants in small-to-mid-size cities, puts the cost at $1.4 billion to $4.3 billion and the figures don't account for smaller facilities that may need to buy more land to set up their new systems or reconfigure their sites.  The group points to other sources of phosphorus pollution, such as farms that produce runoff (more).

 

  • Vermont – rural water remains under a very high level of concern on this issue since results determine the future status of wastewater operations permits here in VT.  They are awaiting a court decision that one way or another will significantly impact all of their members.  At issues, EPA may reconsider its approval of the rules governing wastewater treatment plants and other sources of pollution that flow into Lake Champlain, leading to stricter rules on wastewater treatment and phosphorous discharges into waters that lead into the lake.  EPA regulators told the federal court last week that they will reconsider approval of the state's TMDL rules approved in 2002 in conjunction with the EPA. A change in those rules - if they end up being rewritten - could eventually have an effect on virtually every town or city in the Lake Champlain watershed, and therefore the bulk of the population in Vermont.  This review is a result of a Conservation Law Foundation filed its lawsuit challenging the validity of the pollution reduction plan in the first place (more).

 

  • Florida – the battle between Florida and EPA over how best to clean up the state's polluted waters.  A lawsuit filed by environmentalists has forced the EPA to begin setting numeric limits on nutrient pollution in Florida waters. Those exceeding the limits would be considered "impaired," triggering forced reductions on polluters.  State environmental officials agree numeric criteria are needed for nitrogen and phosphorus. But they claim the EPA's numbers are too stringent and would require pollution reductions in rivers and lakes that are in good shape (more).

 

  • Comment from Gary Williams in Florida, “the NNC trend continues and will affect every state until it is stopped somehow. As I have mentioned, TMDLs don't go far enough for the environmentalists, so the push NNC and if you get that – it’s a homerun, if not it forces advanced implementation of TMDL…”

 

Atrazine Regulation? – Advocacy group urges state and federal agencies to strengthen regulations for a heavily used agricultural chemical because scientific studies have found that atrazine-contaminated water increases the risk for birth defects and developmental problems for infants (more).

 

March 15, 2010

House Republicans Clarify What Is An Earmark (see their guidance)

 

Appropriations Update – changes to the House Dear Colleague letters (see more).

 

EPA Selects Hugo Wall School (KS) to serve as the Environmental Finance Center (EFC) for EPA Region 7 (more) to assist state and local governments to create environmentally and financially sustainable solutions to answer the how to pay questions associated with EPA mandates.

 

Bottle Water Sale Down – Home Treatment Up (Wall Street Journal).

 

NYTimes’ Toxic Water – another drinking water article this Sunday.

 

1926(b) Case in Ohio Decided in Favor of Rural Water District in Federal District Court (Ross County v. City of Chillicothe) – rural water attorney Matt Dooley said, “this is a long awaited decision from the court, and a great victory for non-profit rural water associations in Ohio.  We will soon find out whether Chillicothe plans to take the case to the Sixth Circuit Court of Appeals.”

 

Proposed Boycott on CCRs – the President of small water supply in rural Washington says, “it has to stop now, the Arsenic Rule, the Lead & Copper Rule and the Consumers Confidence Rule are all mandated in Washington DC, with no funding… Congress said that the CCR has to be sent… this date is coming. [Let’s] send out the CCR but not send it into Olympia in protest… We have one system on the island with twenty hook-ups that spent fifty plus thousand dollars on arsenic treatment.  Let’s send a message to demand funding for mandated regulations NOW!” [By; Dale Tyler, President CWSA]

 

Alamosa Outbreak Report - waterborne disease struck Alamosa, Colorado in 2008 resulting in 442 reported illnesses and one death.

 

Baltimore’s 36-inch main break in left 100,000 without water for days (more).

 

March 11, 2010

Earmark Circumlocutions – this week, the House Democrat decided to ban all earmarks for “for-profit” organizations, the Senate Democrats quickly denounced this policy, and the House Republicans decided to take a pledge to oppose ALL earmarks.  This last policy by the House Republicans is causing our Dear Colleague sponsors to adjust their previously agreed upon strategy contained in the Dear Colleague letters.  Our Dear Colleague sponsors are considering options on how to move forward on the letters, which should be determined by midday on Friday.

 

New Jersey Joins the Elite Club of Three – states along with Oklahoma and Massachusetts, completing delegation support letters (proof).  Washington and California are on track to join this exulted group.

 

SRF Reauthorization Update - Senate Republicans are blocking floor consideration of a bill (S. 1005) boosting EPA’s water infrastructure funding programs for fiscal years 2011-15 because of concerns that the agency has broadened application of Davis-Bacon prevailing wage requirements beyond what Congress allowed in EPA’s FY10 spending bill.  The bill authorizes $20 billion over five years for EPA’s clean water and drinking water state revolving loan funds (SRFs) and revises the formula for allocating funds among the states. Republicans want to ensure that the agency’s policy does not apply to future SRF funds and they also want to block the policy from applying to state contributions to the SRF. The agency issued the policy Nov. 30 as part of the requirement in its FY10 appropriations law to apply prevailing wage requirements to projects funded through the clean water and drinking water state revolving loan funds (SRFs). The agency’s policy says that Davis-Bacon requirements apply not only to all SRF contracts not finalized by Oct. 1, 2009 -- the start of FY10 -- but to all assistance agreements executed on or after Oct. 30, 2009 and prior to Oct. 1, 2010.

 

USDA Secretary Announces $5 Million in Funding for the Virginia-based Rural Community Assistance Partnership, Inc (more).

 

EPA Stands By Limiting Arsenic Analysis - EPA is rejecting consumer calls for a broader scientific review of its draft assessment on arsenic’s cancer risks and defending the study that the agency says is largely based on a 2001 review of the metal’s risks by the National Academy of Sciences (NAS).  Experts say critics of EPA’s study now have an uphill battle to convince the Science Advisory Board (SAB) to review the study more broadly than they have been asked to by EPA, adding that critics continue to mull their options on Capitol Hill.  EPA says SAB, not EPA, makes the final decision on what it will review.

 

March 6, 2010

TMDL Flexibility – In response to unworkable TMDL in rural New Mexico, EPA responds with the following to Congressional inquiry: “States may revise a TMDL to account for new information or circumstances that may come to light the implementation of the TMDL (see recent news reports).”

 

EPA Discounts Peer-Review Published Arsenic Science (more).  The federal law that directs EPA to determined how to weight science “mandates” that EPA, Use of science in decision making. In carrying out this section, and, to the degree that an Agency action is based on science, the Administrator shall use the best available, peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices... The Administrator shall specify… peer-reviewed studies known to the Administrator that support, are directly relevant to, or fail to support any estimate of public health effects and the methodology used to reconcile inconsistencies in the scientific data."  And last week, it was reported that EPA rejected calls for a broader scientific review of its draft assessment on arsenic’s cancer risks and defending the study that is largely based on a 2001 review of the metal’s risks by the National Academy of Sciences (NAS).  EPA Office of Research & Development (ORD) chief Paul Anastas says SAB, not EPA, makes the final decision on what it will review. “While we ask the SAB to respond to our charge questions, there is nothing that precludes SAB from responding to comments from the public or other interested parties,” Anastas said March 3.  At issue is EPA’s draft “Toxicological Review of Inorganic Arsenic” that includes a cancer slope factor, a measure of a substance’s cancer risk from lifetime exposure, of 25.7 mg/kg/day -- a 17-fold increase from the current safety standard and a seven-fold increase from a 3.67 per mg/kg/day standard EPA’s water office uses for developing drinking water standards for arsenic.  The risk assessment, which the agency released Feb. 21, is based in large part on a controversial Taiwanese study -- the largest existing data set on arsenic exposure -- which EPA used to support its arguments in 2001 when the agency tightened its drinking water standard for arsenic to 10 parts per billion (ppb).  EPA’s draft study has drawn broad criticism from the White House Office of Management & Budget (OMB) and some within EPA who say it may fall short of addressing 2007 recommendations from the agency’s SAB to thoroughly analyze risks of the metal, especially the risks at low doses. While EPA has agreed to have the SAB reconsider the draft assessment, the agency limited the scope of the SAB review to a focused review on how EPA responded to key SAB recommendations in its 2007 report.  The biggest question about the cancer risks of arsenic is whether the fundamental science on arsenic is at a point where we can do anything more to figure out whether there really are risks at low dose and whether the linear dose-response model is appropriate. NAS and SAB both identified research that “suggested” a nonlinear pattern but sided with a linear model in the face of continuing uncertainty.  Scientist Samuel Cohen has presented research purporting to rule out modes of action that would result in cancer risks at very low doses. Cohen’s research shows direct DNA reactivity, the only possible mode of action that would result in cancer risks at very low exposure, has been ruled out (see presentation).

 

Appropriations Update – current cosponsors and Oklahoma joins Mass in completing state delegation letter (see more)

 

EPA Extends Comment Period In the Very Contentious Case of Proposed Water Quality Standards in the Sunshine States (more) – Florida Rural Water and other are suing to half the proposed EPA regulations.

 

Private Water Company Calls for Tax Break to Private Water Supplies in Congressional Jobs Bill (more).  The Cato Institute's report on "The Corporate Welfare State: How the Federal Government Subsidizes U.S. Businesses."

 

USA Today Headlines, “Tap water contaminant 'castrates' frogs…  an herbicide that contaminates the tap water consumed by millions of Americans has been found to produce gender-bending effects in male frogs, "chemically castrating" some and turning others into females, a study shows. Frogs in the experiment were exposed to amounts of the weed killer atrazine that are comparable to the levels allowed in drinking water by the Environmental Protection Agency (more).”   NPR interview lead scientists on this issue (NPR).

 

Discarded One Ton Gas Chlorine Tank Ruptured – in Indio, California, sent five workers to the hospital. The District Attorney's office is now trying to determine whom this container belonged to (more).

 

Congress Urges EPA to be Reasonable on Water Regulations – but EPA Administrator Lisa Jackson is rejecting Congressional calls to review drinking water requirements for low-income areas that cannot afford treatment plant upgrades, saying Safe Drinking Water Act (SDWA) standards are health-based protections and there are other means to provide financial assistance to utilities.  At a Feb. 24 House appropriations subcommittee hearing, Rep Simpson (ID) raised concerns of rural areas frustrated at high costs associated with making small reductions in contaminants. Simpson said his constituents are asking, “Why are we spending this ungodly amount of money to reduce our arsenic levels from 12 to 10 and sometimes 11 to 10?”  Simpson’s questions came the day before Sen. James Inhofe (R-OK) reintroduced legislation, S. 3038, that would make reasonable requirements on small systems that cannot afford the pricey upgrades that are often required by more stringent EPA drinking water regulations.  But Administrator Jackson replied at the House hearing that “it’s EPA’s job to promulgate regulations that protect human health and the environment. And the levels of arsenic that are detrimental to human health and the environment are no different depending on which community you’re in.”  Senator Inhofe's bill would limit EPA’s enforcement ability, blocking the agency to take an enforcement action against a system serving less than 10,000 people without first ensuring that it has sufficient funds to meet the requirements of the regulation.  The bill also directs EPA to take additional considerations into account when deciding whether to force a rate hike, particularly that “the affordability criteria are no more costly on a per-capita basis to a small water system than to a large water system.”

 

More Toxic Water Articles from the New York Times, this week’s headline, “Rulings Restrict Clean Water Act, Foiling E.P.A.

 

The Washington Post features, “Manure becomes pollutant as its volume grows unmanageable

 

Rural Water and Security and Emergency Response – your state associations have been the vanguard in providing these critical services.  And your colleagues from MS (Kirby), LA (Pat), AR (Dennis), and TX (Tommy) presented to the U.S. Federal Emergency Management Agency on this topic this week to see if rural water and FEMA could begin a new partnership to assist the country’s water suppliers during emergencies (see briefing book).

 

Montana Senator Tester to EPA: Big city water standards drain rural, frontier communities - "we need to make sure that we’re not eliminating the ability of communities to provide water or they will disappear (more)"

 

February 28, 2010

Appropriations Update – Mass Rural Water finalizes Dear Colleague letter. (see more)

 

Regulatory Relief Introduced in U.S. Senate – U.S. Senator Inhofe (OK), together with Senators Crapo (ID), Barrasso (WY), Vitter (LA), and Risch (ID), introduced S.3038, the Small System Drinking Water Act of 2010, a bill to assist small communities comply with Federal drinking water standards, and require the Environmental Protection Agency (EPA) to utilize all of its resources provided by the 1996 Safe Drinking Water Act amendments (SDWA). "My goal is to ensure that small towns across the country have safe, affordable drinking water and that the laws are fair to small and rural communities," Inhofe said. "Today there are simply too many regulations coming out of Washington that come with a steep price tag for local communities. It is unreasonable to penalize and fine local communities because they cannot afford to pay for regulations we impose on them especially given all of the misguided spending coming out of Washington today. Forcing systems to raise rates beyond what their ratepayers can afford only causes more damage than good." (more)

 

Chemical Security Legislation in the Senate – a bipartisan group of senators is pressing legislation to extend the DHS current chemical facility security rules by five years, warning that a competing House bill to expand chemical security programs at DHS and EPA would impose costly burdens on the economy. Four Senators introduced S. 2996, a bill to extend for five years DHS' Chemical Facility Anti-Terrorism Standards (CFATS) – rules that cover high-risk chemical facilities, but exempt water utilities.  The House passed H.R. 2868 in November, which included a provision to require facilities that pose the greatest risk to conduct an inherently safer technology (IST) review, which could result in changes to local disinfection-type preferences.  We have not heard any comments from the Senate Environmental Committee on how this bill will affect the movement of any chemical security legislation to regulate water supplies.  AWWA released this letter this week opposing any inherently safe technology review of local disenfection choices (letter).  The Senate Homeland Security Committee will hold a hearing on Wed. focusing on the effectiveness of the Chemical Facility Anti-Terrorism Standards (CFATS) program and how best to reauthorize it.  See rural water’s thoughts on this question.  And rural water and AWWA, et al. statement on the topic as well (water sector statement).

 

February 24, 2010

Public Private Partnerships – the future of private water growth (more)?

 

Global Water Roundup – Water Ravages Portuguese Island (see video) – at least 42 people have died in floods and mudslides caused by torrential rain. Haiti - heavy rains Haiti's capital worsened squalid camps and highlighted the urgent need for shelter, aid workers are racing against time to provide only basic protection when the rainy season begins around May (more).  Italy: sabotaged oil storage tank causes spill of tons of oil into Po river.  Local municipalities forced not to use the water. (more). China - authorities use fish to try to clean up the lake severely polluted by sewage as well as industrial and agricultural waste, triggering a blue-green algae plague tainting the drinking supply of millions of residents (more).  Locally made ceramic pots filters provide economical household drinking water treatment in Yemen (more from NPR).

 

EPA In Congress Defending Their Budget and Environmental Policies – see this week’s Senate testimony by EPA Administrator.  Most of the Senate interrogatory focuses on climate change, however, Senate Boxer inquired about small communities’ ability to comply with the arsenic rule (77:30 into the video).  And Senator Klobuchar talks about small community compliance in Minnesota at 107:45 on the time indicator.

 

February 23, 2010

What Does EPA’s New Sustainability Policy Mean for Water Supplies…?  Here is what David with AZ rural water (and a sitting Member on the EPA Advisory Committee) posits: this could be where EPA will start pushing the "Full Cost Pricing" of water rates and tie that into their sustainability formulas.  Also don't be surprised if consolidation doesn't come to the front of the pack again as a way to achieve sustainability.  At the most recent NDWAC meeting I expressed concerns regarding the impact of green energy programs and how underwriting these initiatives will most likely be detrimental to rural systems attempts to become, or continue to be, sustainable.

 

EPA Includes Plans For Water Utility Sustainability In Budget - EPA has included plans in its fiscal year 2011 budget request to create sustainability requirements for drinking water and wastewater utilities receiving state revolving fund (SRF) loans for infrastructure maintenance, repair and upgrades.  The agency will “produce new guidance to improve state capacity development programs,” and will “develop information to promote voluntary restructuring of unsustainable water systems,” EPA says in its congressional justification documents for the FY11 request.

 

February 22, 2010

Climate Change and Your Water Supply – NRWA has been appointed to the EPA advisory panel to make recommendations on how water supplies and EPA should manage climate change.  As the process advances our representative on panel raise the point that is unclear is there is a difference between climate change and emergency management planning – that relying on there "climate change" is creating redundancy in how water systems currently manage their resources.  And the need analysis the data used to conclude that a water system needs to expand (see more).

 

February 21, 2010

Arsenic Science EvolutionEPA is seeking a “focused” Science Advisory Board (SAB) review of its draft study on arsenic's cancer risks to examine whether the agency properly addressed criticisms from a prior SAB review of the study, but many are attacking the proposed review as too narrow and ignoring key scientific disputes they have with the study. EPA's draft assessment found arsenic cancer risks at a level that would likely trigger tough regulatory requirements.  According to EPA's Federal Register notice on Feb. 19, EPA has sent its Integrated Risk Information System (IRIS) assessment of inorganic arsenic to SAB for a new, second peer review to assess how the agency applied the board's criticisms of the study in its 2005 review.  Some experts believe emerging research shows an exposure threshold below which the metal is largely harmless, undercutting EPA's draft findings that there is no safe exposure level.  The Federal Register notice is seeking SAB and public input only on EPA's response to SAB's 2005 review on the draft arsenic study.

 

USDA Secretary Tom Vilsack Announces Funding for 47 Rural Water Projects in 19 States – funded through the American Recovery and Reinvestment Act, are expected to provide construction jobs and create infrastructure needed to support community growth (more from USDA).

 

February 17, 2010

1926(b) News – Larry with TN rural water asks if we should build alliances with other small community and rural associations in reaction to the recently adopted resolution by the National League of Cities opposing 1926(b).  Thank you Larry, and we will immediately initiate a dialogue with NLC to better understand the reason for their resolution.  A similar initiative was advanced with NLC in the 90s, which we were able to handle through dialogue with NLC – our longtime ally.  We will update you on the dialogue.  Also this week, the Rural Water Alliance released this video on 1926(b).  

 

Environmentalists Becoming Disappointed with President (NYTimes).

 

EPA Steps-in to Regulate Water Quality in Florida – and ignites controversy (see EPA rules and public meeting schedule). Last year, EPA agreed to set specific limits on phosphorus and nitrogen in Florida waters to settle an ongoing lawsuit. It’s the first time the EPA has stepped in and set water quality standards for a state. The proposed regulations are out for public review and comment, and they are drawing opposition and support.  Public radio features the issues this week (hear broadcast).  FL Rural Water (and other water associations) take strong stand in opposition EPA’s rules (see comments).

 

Broad Water Coalition Presses for More Private Activity Bonds for Water Projects (see letter to Senate urging for inclusion of legislation in Senate Jobs Bill).

 

Can TMDLs Be Made to Be Reasonable and Locally Supported? Today we asked EPA to see if we can work together to make such objective happen… in a test case on the Mora River in New Mexico where a TMDL is resulting in some unintended consequences.  And where an aggressive non-point source & septic system management program would be less expensive, more environmentally beneficial, and promote greater environmental justice in the community & river.  We asked EPA if they would consider working with us on the implementation of an alterative compliance plan for the Mora River.  It is likely that many similar situations will occur as the TMDL program matures and, if successful, this case study could be used by many more communities to realize economic and environmental benefits for TMDL compliance (more on Mora).

 

Mandatory Misleading of the Public? – this week, Cleveland was mandated to inform 113,000 consumers that their water violated federal health standards (more).  However, “there was no impact on the cleanliness or quality of the water… and at no time was the public health jeopardized.” In a different federal agency (USDA), the government official says about public notification for food, “We do not believe that obligatory [GMO] labeling is necessary, because it would suggest a health risk where there is none…mandatory [public notice] labeling could mislead consumers about the safety of these products (cite).”

 

EPA Fines NE Dairy $350,000 for Discharging to City System – and fines city $150,000 and the cost of wind turbine and solar panels for local school (more).

 

February 14, 2010

Louisiana Rural Water’s Movie About… Water (see LRWA PSA televised in the state)

 

February 14, 2010

TMDLs and Adverse Impacts – the Mora River (NM) TMDL is causing quite a stir in Congress – highlighting the impacts of EPA’s TMDL program that result in harming low-income communities and resulting in negligible environmental benefits (see their latest missive to Congress). 

 

CDC Lowers Their Estimate on Disease Outbreaks Resulting from Public Water Supplies – but fails to correct the New York Times on the reliance on CDC’s outdated assumptions.  According to NRWA’s representative attending EPA’s recent climate change meeting in Las Vegas, CDC said that their estimates of 40 percent certain disease outbreaks from water supplies has been reduced to about 10 percent now that they look at how the data is recorded.  Our representative on the EPA Advisory panel said this is a direct result of NRWA questioning the data during these EPA Advisory panel deliberations (nice work!).  Feel free to thank rural water Paul for staying with this issue so the public gets the accurate information (even if the NYTimes doesn’t…..).  FYI – we did respond, but the NYTimes chose not to include the full perspective.

 

NPR’s Comprehensive Discussion on All Things Water – from the Diane Rehm show featuring: Steven Solomon, author “Water,” the environmental change at the Wilson Center, and the chief of water at the World Bank (listen to discussion on NPR).

 

NOAA Expansion of Authority to Handle Climate Change (New York Times)

 

Louisiana Rural Water’s Movie About… Water (see LRWA PSA televised in the state)

 

Private Activity Bonds Legislation Gains Traction – according the private water industry, H.R. 537, water private activity bond bill is gaining significant support largely due to its jobs-making potential (see NAWC report).  State rural water associations are backing this bill in order to increase the amount of tax-exempt funding available to their membership.  Notably FL and TX rural water associations are backing this legislation as well as other state associations.

 

 

 

 

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