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May 7 Farm Bill - Key farm bill negotiators have agreed on the major issues that
have held up the legislation but are now eyeing the possibility that they may
need to overcome a presidential veto.
"Virtually everything is resolved conceptually, we have to see what
the score is," Sen. Saxby Chambliss (GA) said. But Democrats and Republicans now face a renewed veto
threat from the White House.
"If they do veto it, my goal will be to override them," said
Chambliss. "We're trying to write the best bill to generate those
votes." Principal
negotiators are expected to meet again this afternoon to finalize their
agreement. The Conference
agreement includes $120 million in the USDA rural water and wastewater
grants/loans to funding the backlog (pending and approved funding
applications). We have been told that package includes authorization for USDA
to utilize a lower interest rate on their loan program (details to follow). May 4 House EPA Appropriations Subcommittee Has Starting to Put Together the EPA Funding Bill – we expect to see this initial EPA funding bill be marked-up in the coming weeks. TCR Rule Rewrite Update – EPA and state regulatory agency continue to press forward on more monitoring for small communities in any new rewrite of the TCR rule at last week’s meeting of TCR FACA TWG panel. This despite rural water’s objections and after we were told by the technical experts that there is no substantive reason to increase monitoring on small systems and not large systems (increasing monitoring would increase the chance of finding additional contamination, however, the proposed increased monitoring would only capture an de minimus amount of additional contamination for both large and/or small communities). We also heard that the proposed additional monitoring for small systems is not based on any finding that the proposed additional monitoring is sufficient, necessary, nor related to finding any level of significant amount of contamination that is currently not being detected (see last week’s discussed proposal). EPA’s DBPs Rules Having Unintended Consequences – some alarming field reports from Oklahoma on the implementation of the current EPA Stage I and II rules:
Wetlands Legislation Update – Groups opposing the pending House legislation that would expand the Clean Water Act’s (CWA) jurisdictional scope are offering recommendations to the bill’s sponsor, Chairman Oberstar (MN), urging to narrow the bill’s scope in light of several Supreme Court rulings on the issue. Many, including the American Farm Bureau Federation and the National Mining Association, are unhappy with the current text of the bill, H.R. 2421, and are expected to ask Oberstar to eliminate language they say would expand the water act’s scope to include waters that were not previously covered under the act. The bill and its Senate companion, S. 1870, as written would make all waters of the United States subject to regulation by EPA and the Corps of Engineers, compared to the CWA’s current jurisdiction over “navigable” waters of the nation. At a hearing on April 16, Rep. Oberstar agreed to narrow and clarify the types of waters and activities covered by the bill, saying he is open to making “adaptations” to the bill. Climate Change and Water – EPA reports it will host a webcast on Thursday, May 8, to discuss and answer questions on its draft National Water Program Strategy: Response to Climate Change. EPA introduced the plan March 28 and is accepting comments until May 27. RCAP and West Virginia’s New Source Water Program (see program). EPA IG Drops Efforts to Stop States from
Bonding to Match SRF Grants
– EPA’s Inspector General (IG) has dropped attempts to resolve a
long-standing dispute between the IG and EPA’s Office of Water over whether to
prohibit states from using bonds to meet their clean water state revolving
loan fund (SRF) requirements.
Recently, EPA official told states that the IG -- which favors the
prohibition because it says the current bonds policy leads to the loss of
millions of dollars in SRF money -- is abandoning its push for the agency’s
audit resolution board to resolve a stalemate with EPA, which opposes the
ban. State officials have
previously taken issue with the IG recommendation to block the bond practice,
saying it would give states less flexibility in managing infrastructure
funding. States Back More EPA Regulation – At the Environmental Council of the
States’ (ECOS) spring meeting, the commissioners approved by 25-5 a
resolution that says congressional action is needed to provide clarity on CWA
jurisdiction in light of the Supreme Court’s fractured 2006 ruling in
Rapanos. The resolution says
Congress should “act immediately to reestablish [CWA] jurisdiction to the full
scope of waters protected prior to” the Rapanos ruling and a 2001 Supreme
Court ruling in Solid Waste Agency of Northern Cook County (SWANCC) v. U.S.
Army Corps of Engineers, which critics say narrowed the scope of the law –
including all waters which are subject to the ebb and flow of the tide; all
interstate waters, including interstate ‘wetlands;’ all other waters such as
intrastate lakes, rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands” and many others. EPA Finds Pharmaceuticals Are in Trace
Amounts – Trace amounts of
a broad class of pharmaceuticals entering wastewater treatment facilities are
so low that an adult would have to a half a gallon of water a day for almost
a year to ingest the equivalent of a single minimal dose of the drugs,
according to an EPA scientists (see more). Sewage
Overflows and Public Notice Legislation - Environmentalists and the wastewater sector have reached a deal to
revise House and Senate legislation that would require wastewater facilities
to notify the public quickly when wet weather causes them to release sewage,
likely increasing the flexibility of reporting requirements and addressing
other concerns of the wastewater treatment industry. In an April 16 letter, the National
Association of Clean Water Agencies (NACWA) says that it will gladly support
the bill, H.R. 2452, “with the understanding that the revised NACWA/ American
Rivers negotiated version of the bill will be included as a substitute
amendment during [T&I committee markup].” Likely changes include alterations to the findings in the
bill as to the health effects of sewer overflows; avoidance of duplicative
reporting language between state and federal requirements; and increased
flexibility and site-specific requirements for monitoring. Pew Study Finds Pollution from
CAFOs – Concentrated animal feeding operations pose "unacceptable
risks" to the environment and public health according to a study by the
Pew Commission on Industrial Farm Animal Production. The study, released April 30, finds surface waters are particularly affected
because the nutrients contribute to eutrophication that causes a dense growth
of plant life and subsequently kills aquatic animals due to lack of
oxygen. PEW’s report calls for
treating CAFOs as industrial operations and implementing a new system to deal
with farm waste to replace today's "inflexible and broken" system
(see report).
April 29 Farm Bill Deal Under Wraps – the Ag Conference Committee was scheduled to take up the agreement reached over the weekend, however, they have postponed their meeting to pass this Conference agreement. No new meeting has been scheduled, but could come as soon as Wednesday. Their meetings are often telecasted on the internet (see homepage). The President has signaled that he will veto the latest package (see more). The Plural of Anecdote is Data* – this small town in Alaska finds that EPA’s tool for completing their IDSE is unusable. The same town finds the SEMS IDSE tool simple and easily to use – and works with previous data imputed for VA/ERPs. We had asked EPA to work with rural water on developing this compliance tool (and others) – yet EPA continues to develop their own tools that are rarely used in small communities. EPA published a press release to threaten communities (some as small as 80 users) with $32,500/day fines for non-compliance with this regulation. Over 250 systems in Washington alone are out of compliance with ISDE. This Alaskan town goes on to note that without SEMS they would have contracted out their VA and IDSE because the EPA rules were too confusing. Consultants can charge $12,000 to complete a VA and $6,500 to complete the IDSE. Rural Water technicians walked most small towns through completion of a VA free of charge. EPA found that over 90% of small communities utilized SEMS to complete the VAs. However, EPA has recently chosen only to provide funding for their funded VA tool that was roundly not used by most communities (see memo). Last point on EPA’s DBPs rules… page 406 of the rule includes the following: At this time... the cancer
epidemiology studies support a potential association between exposure to
chlorinated drinking water and cancer, but evidence is insufficient to
establish a causal relationship.... EPA concludes that a causal link between
adverse reproductive or developmental health effects and exposure to
chlorinated drinking water or DBPs has not been established, but that there
is a potential association.... EPA concludes that no dose-response
relationship or causal link has been established between exposure to
chlorinated drinking water or disinfection byproducts and adverse
developmental or reproductive health effects. EPA's evaluation of the best
available studies, particularly epidemiology studies is that they do not
support a conclusion at this time as to whether exposure to chlorinated
drinking water or disinfection byproducts causes adverse developmental and
reproductive health effects... Michigan Using Federal Money to Get Rid of Gas Chlorine (see ASDWA newsletter). Regulatory Reality – Smallest of small communities in Washington has arsenic level of 10.6 ppb… that’s .11 of part per billion of arsenic above the standard (after rounding for significant figures). EPA says that they don’t know what level of arsenic is a risk to public health; however, the state notice of violation says the level, “poses a chronic risk to health.” That means, 1/10th of a part per billion is the difference between a risk to public and safe water…? Locals say they don’t want the so-called protection that is provided with the federal standard, that they think it is harmful to their local public health interests, and that they locals are very health and living very long (see statement). Regulatory
Reality Part II – In Colorado, 37 small
communities are in violation for radioactive contaminants. One violator, a mobile home, said,
there's no way... his residents will put up tens of thousands of dollars to
punch a new well or to install a water-treatment system at the trailer
park. Since water systems
serving fewer than 15 taps aren't regulated... he is considering removing a
few trailers, "if I got below 15 taps, I don't have to do
anything..." Six people
interviewed in Hillside Trailer Park, Conifer and the town of Vilas — which
all have drinking water in violation of the new radiological standards — said
they were not worried about the uranium and radium in the water. Most said they fretted more about how
much their water will cost in the future than about contaminants that have
been present for decades. The
state's chief medical officer said, "it's hard to statistically identify
higher-than-typical levels of disease when the diseases are rare and the
populations are so small" (see more). April 27 Farm Bill Breakthrough – Congress finds a way to pay for Farm Bill allowing final package to move forward in Congress. Unclear if White House will support deal. Details of final legislation could be ratified this week. (See NYTimes coverage). Appropriations Update, More Cosponsors on the way Leading Affordability Expert and Public Health Advocate Refutes Congress Waxman’s Criticism (see more). House Leader Announces More Water Funding and User
Fees - House Speaker Nancy Pelosi
(CA) is eying a second economic stimulus package as a vehicle for boosting
funding for wastewater, drinking water and other infrastructure projects,
which lawmakers are increasingly struggling to fund in traditional water
funding bills. Announcing recently that lawmakers are considering a
commission to study infrastructure; an “infrastructure bank” to promote public
and private investment; a capital budget for long-term national investment in
infrastructure; and user fees.
“With the economy slowing down and job losses accelerating, we must
also look for opportunities to take advantage of the stimulative effect of
investing in infrastructure,” the Speaker said. The effort comes amid ongoing concerns that EPA's drinking
and clean water state revolving loan funds (SRFs) are being provided with too
few dollars to fund crucial infrastructure projects. For example, for fiscal
year 2009 the president is proposing cutting the clean water SRF by $314
million to fund it at $555 million, while the drinking water SRF would get
only a $13 million boost over FY08 to $842 million. House leadership is focusing on a handful of priorities,
including passing a second stimulus package with water infrastructure funding
for various projects, sources say. A number of House and Senate lawmakers
have indicated in recent weeks that funding water infrastructure projects is
a key planned accomplishment in the remainder of the 110th Congress. The Latest TCR Rewrite Proposal – to be considered by the federal advisory panel
looking at a new TCR regulation (see recent proposal on
the table). On The Tube – the CBS Early Show features the rebuilding of Greensburg KS (who relied on KS RWA for restoring their water service). April 24 Drinking Water Contest on CNN and covered in Boston Herald, CNN.com, local CBS, etc. April 22 And the Winner is… Southampton Water, Southampton, MA April 21 Drinking Water Contest Happens Tomorrow – tune in to CNN tomorrow afternoon who will be covering the event. NRP covers the event for their Tues. AM edition. And covered on today’s Capital Hill Power Breakfast program (the finalists). Rural Water’s Response to Senate Hearing on Pharmaceuticals in Water Reports Leading Affordability Expert responds to Congress Waxman’s opposition letter to EPA on affordability. Congressman Etheridge Receives Award for Congressional Rural Leader at Rally. Addresses entire conference with insightful and thoughtful remarks. (see slide show) April 17 Wetlands - EPA told a House Committee this week that the proposed H.R. 2421,
which would remove the term "navigable waters" from the Clean Water
Act, could expand the act's jurisdiction beyond what Congress intended. H.R. 2421 was drafted in response to Rapanos
v. US - determining the extent of federal jurisdiction over wetlands. EPA said removing the term
"navigable waters" could raise "constitutional and
programmatic issues" by greatly expanding Clean Water Act jurisdiction. Pharmaceuticals - Senator Boxer (CA) charged April 15 that
EPA failed to protect the public from potentially dangerous exposure to
pharmaceuticals in drinking water.
However, scientists explained that exposure to the detectable residues
in water creates a risk to human health - at the same hearing. April 16 Sen. McCain say NO earmarks if he is
President NADA! Promises
to veto any bill with earmarks (more).
House leaders drop legislation to limit earmarks (more). Pharmaceuticals Hearing in Senate – a rough day for the EPA witnesses (more). Rural water’s comments on the hearing. More Rural Water Grants in KY - the Kentucky General Assembly is set to
include funding for $225 million in water and sewer construction projects in
the 2008 budget. The state
assembly has issued over $680 million since 2000. KY RWA reports that these are grant dollars. The legislature previously agreed to
sell $100 million worth of bonds using tobacco settlement money and $50
million worth of bonds using coal severance tax money earlier this month. House Speaker Jody Richards said he
wasn't happy that the budget was so stark, but said that water and sewer
projects were vital for people who don't have running water in the 21st
century. Richards said there's
not an agreement with Gov. Steve Beshear on the deal and that the
governor could veto that bill without the legislature being able to override
it. April 13 Total Coliform Rule Reform – Three U.S. federal agencies (EPA, Small Business, and OMB) recently declared that they, “support[s] an approach which uses total coliform as a trigger for investigation and/or corrective action rather than as a basis for an MCL violation and notification of the public.” There seems to be a consensus that the current TCR, which identities TC as an MCL, and requires timely public notice to each consumer is not appropriate – and more likely misleading to the public. The total coliform violations (which don’t necessarily indicate any harmful contamination) often cause significant public alarm. Despite the overall agreement that the rule is inappropriately designed and confuses the public, it continues to be broadly enforced. Approximately 9,000 public water systems violate the rule each year and are forced to send out the unnecessarily alarming public notice letters. Rep Waxman Rips Plans to Improve SDWA for Small Communities – EPA’s proposal to revise Safe Drinking Water Act affordability criteria to allow identification and use of small system variances undermines public health protections, contradicts the agency’s environmental justice principles and ignores strong objections by water supply and public health experts, says Congressman Waxman (CA). In a letter to EPA, the Congressman says the reform proposals listed by EPA are “simply unjustifiable from a public health and ethical standpoint” for threatening to “expose significant populations in the U.S. to chemical contamination levels in drinking water that are up to three times what the law now allows.” Rep. Waxman cited comments opposing the proposal from AWWA, ASDWA, RCAP and other organizations as well. NRWA (and many in Congress) have long supported a change in EPA policy in order to increase public health protection in rural and small communities. Rep. Waxman’s letter infers that $1,000 a year in water bills for low-income households is appropriate. Congress, including Rep. Waxman, unanimously voted to require EPA to revise its policy on affordability and variances, and this EPA reform proposal was in response to Congress’s directive to EPA. The Congressional Research Service just published a report on the Safe Drinking Water Act for Congress, including a section on variances and affordability for small communities containing the following: “Prompted
by intense debate over the
revised arsenic standard and its potential cost to small communities, the
[Congressional] conference report for EPA’s FY2002 appropriations (H.Rept.
107-272) directed EPA to review its affordability criteria and how small
system variance programs should be implemented for the arsenic rule. EPA
began the review and sought the advice of the EPA’s National Drinking Water Advisory
Council (NDWAC) and Science Advisory Board (SAB). After considering recommendations from its affordability
work group, the NDWAC reported to EPA in 2003. The council acknowledged the
statutory basis for small system variances and recommended changes, but
cautioned that “significant practical, logistical, and ethical issues
mitigate against the use of variances.”
The National Rural Water Association, a member of the NDWAC
work group, dissented and issued a separate report urging EPA to adopt a safe
and affordable variance approach that would make variances available to small
communities, as authorized by Congress” Farm Bill Update – Lawmakers
Racing Farm Bill Deadline Wetlands Definition
Continues to be Controversial in Congress – At a Senate hearing last week on the Clean Water Restoration
Act (S. 1870),
a number of state and federal officials urged lawmakers to delete the word
"navigable" from the definition of CWA jurisdictional waters. They
warned that allowing two recent Supreme Court rulings to stand without
Congressional clarification jeopardizes the drinking water quality of 111.6
million Americans. As described by Environment & Public
Works Committee Chairman Barbara Boxer (CA), the court’s narrower
view of CWA reach removes regulatory oversight of all intermittent and
ephemeral streams and other headwaters. She noted USEPA has determined that
those sources are relied on by many drinking water systems that need to
protect their sources from contamination. "The Rapanos Decision and guidance have presented the
opportunity for some large [publicly owned treatment works] and other
dischargers to argue that their discharges do not require Clean Water Act
pollution limits said an Arizona official. However, Republican senators from Oklahoma, Wyoming, Idaho and Louisiana expressed
concern that removing “navigable” from the definition of regulated waters
would expand the role of the federal government and pre-empt states and local
authorities from controlling water quality. With
party-line Republicans staunchly standing against passage of the so-called
Clean Water Restoration Act, Senate Democrats may be seeking ways to
compromise in moving the bill forward, with environment committee Chair
Barbara Boxer (CA) looking to moderate Max Baucus (MT) to help ferry the
Clean Water Act (CWA) legislation through. Boxer insisted at the hearing that Rapanos, decided
by “activist members of the Supreme Court,” is causing “massive confusion”
for EPA and the U.S. Army Corps of Engineers. But several Senate Republicans held to their belief that
the bill is an underhanded bid to broadly expand the jurisdiction of EPA to
“puddles” and “backyards” of citizens, demonstrating just how far apart
opposing sides are on the issue.
Republicans continued to contend that the bill would greatly expand
the scope of the CWA, leading to increased litigation and tight control by
EPA, as well as creating difficulty for ranchers and family farmers. Pharmaceuticals
– A subcommittee of the Senate Committee on Environment and Public Works
has scheduled a hearing on
"Pharmaceuticals in the Nation’s Water: Assessing Potential Risks and Actions
to Address the Issue" for April 15. Committee Chair Sen. Boxer (CA), wrote USEPA when the
Associated Press series on pharmaceuticals in the nation's drinking water
broke last month, demanding an answer to a number of questions by April
4. EPA’s inspector general (IG) is joining members of Congress and others
who are raising concerns that the agency should be doing more to limit
pharmaceuticals and other emerging contaminants in drinking water and is
suggesting that the agency needs better information and analytical methods to
evaluate which chemicals in water supply systems to regulate. Last month, EPA acknowledged the
agency is asking both internally and among interested stakeholders whether
the agency’s screening process to place chemicals on its contaminant candidate
list (CCL) is adequate. EPA in February released a new proposed CCL, known as
the CCL3, that includes 104 contaminants but no pharmaceuticals. SRF Funding Unlikely to
Increase in Congress – House appropriators appear unlikely to boost funding for
the clean water state revolving fund (SRF) above the level contained in the
president’s fiscal year 2009 budget.
During a recent hearing of the House Appropriations interior and
environment subcommittee, lawmakers made it clear that because EPA has not asked
for increased funding, the appropriators are unlikely to include it in the
FY09 spending bill. Under the
Administration’s proposal, the clean water SRF would be cut to $555 million,
reflecting a $134 million cut from the FY08 omnibus spending law that funded
the program at $689 million. EPA
officials have repeatedly downplayed the need for increased SRF levels,
saying the proposed budget figures will meet the agency’s long-term goals for
the fund. Instead, officials have stressed the need for private investment
and greater efficiencies at utilities.
EPA has often advocated the use of private activity bonds (PABs),
reiterating the agency’s request for Congress to amend the tax code to lift
the current cap on PABs that states can issue for water infrastructure needs.
U.S. Water
Systems Falling Apart – in Need of $Billions (AP
picks up the story)
Senator Byrd is Still the Chairman – talk continues on Senator Byrd’s Chairmanship April 6 Earmark Policy in Congress Still Fluid – The Senate panel looking at the issue to report soon – and the House took a vote last week to enact a one-year moratorium on earmarks. Farm Bill Still Bogged Down in Congress with White House Threatening a Veto (details). EPA’s Environmental Appeals Board Action May Limit CWA Citizen Enforcement Suits - against wastewater treatment plants because the board held that regulators must give facilities the option of including regulatory compliance schedules in permits, instead of or in addition to consent decrees, which courts have held provide industry with a defense against citizen suits (more). Pharmaceuticals in Drinking Water, EPA questions just-issued draft list of contaminants in light a national survey showing widespread presence of pharmaceuticals in drinking water (more). Fight Brewing in House Over Content of Competing Bills to Regulate the Chlorine in Your Water Supply (more). EPA Requests Comments on Impacts of Climate Change on Water Supplies (more). March 14 Earmarks survive in the Senate for this Congress. Last night, the Senate rejected a measure to prohibit earmarks this year. And in the House, where House Speaker Pelosi (is weighing a similar proposal and is expected to announce this week whether the House of Representatives will institute a one-year ban), said, "I see the value of earmarks. I would like for us to be able to move forward in a way that we have put forth, limiting the numbers, making them more transparent so that the public can see who is doing them." But there may be a de facto moratorium this year if Congress is unable to approve appropriations bills that the president will sign, she said. (see Post coverage). Farm Bill – extended for one month, with the President pressuring Congress to finish new bill by April or extend it for one more year. Consequences of Pharmaceuticals Report - the Senate Environment and Public Works Committee
announced March 10 they will convene a hearing to examine reports that say
trace amounts of pharmaceuticals have been detected in drinking water
supplies across the United States.
We briefed the Committee, this week, on the rural water issues with
this report and other issue before the Committee (including variances,
security, SRFs, TCE, perchlorate, arsenic exemptions, etc). The date of the hearing has not been finalized,
but will likely occur in early April, the committee said in a statement. The presence of pharmaceuticals in
water has been noted by federal officials for some time. In the statement released by the Senate
committee, Boxer said she was "alarmed at the pharmaceutical residues
that reportedly are turning up in the drinking water of more than 41 million
Americans. Senator Lautenberg and I will be convening an oversight hearing on
this matter as soon as possible to determine what can be done to protect our
children and families." March 10 Rural Water Memo on EPA’s Decision Not Funding a Small Community RAMCAP Model March 9 Farm Bill Ebbs and Flows - A short-term extension of the existing
farm bill appears likely. Key
program in the current law expired on March 15th, and an extension until
April 15 may be in the works.
Lawmakers are seeking to bridge differences of opinion over funding
between Congress and the White House; they were reportedly close to dividing
available money among the separate titles of the farm bill. In addition to disagreement between
Congress and the White House - some Senators
are at odds over, which Committee in the Senate gets to write key
portions of the bill. EPA Chief Under Pressure - Administrator Johnson is facing
questions about his credibility in leading the agency in the face of
conflicts with Congress over controversial decisions. In addition to facing criticism over
his decision to deny California a Clean Air Act waiver, he is also facing
fresh protests from four key agency unions that last week suspended
collaborative efforts with his office over concerns that he does not
negotiate in good faith. And
adding further to the criticism of the Administrator are the results of a
just-released federal investigation into his appearance at a 2006 fundraiser
for a Colorado Republican congressional candidate. Johnson continues to have the support of President Bush. Is Groundwater At Risk from CO2 Storage - Drinking water utilities are urging EPA
to slow development of rules for geologic carbon dioxide sequestration, and
are calling on the agency to first research the risks to water resources
posed by CO2 storage. Utility
officials are concerned that a program encouraging use of the untested
approach could parallel the controversy surrounding the fuel additive MTBE,
which was intended to cut air emissions, but resulted in widespread
groundwater contamination and sparked multi-billion dollar product liability
lawsuits to win cleanup costs from industry. EPA water chief Benjamin Grumbles said in a March 5
statement that the agency is "committed to proposing a rule this summer
and continuing our collaborative work on research and development." Water utility sources say that if CO2
is injected into aquifers it could lower the pH of the water, making it more
acidic. This in turn can cause heavy metals like arsenic, manganese and boron
in surrounding rocks to leach into the aquifer, creating a potential health
threat and increasing the costs of drinking water treatment. And pressure introduced into saline
aquifers by sequestration could force saltwater into drinking water wells,
the sources add, thereby making it undrinkable without added filtration.
These fears have prompted drinking water scientists to place carbon
sequestration high on their list of research priorities. SRF Funding More Popular in Congress Than
White House - House and
Senate budget committees are taking the first steps toward restoring proposed
cuts to EPA's fiscal year 2009 budget, crafting a budget bill for this year
that will likely to reject millions of dollars in cuts that the
administration has proposed to some of the agency's core mandatory programs. The proposed budget cuts have been
widely criticized by both Democratic and Republican lawmakers in Congress and
one state source says the president's EPA request is the lowest funding level
since 1997. The Senate Budget
Committee majority staff recently released an analysis of the
administration's budget request that identified cuts to EPA's clean water
state revolving loan fund (SRF) as a major area of concern. Under the
Administration proposal, the CWASRF would be decreased to $555 million,
reflecting a $134 million cut from the FY08 omnibus spending law that funded
the program at $689 million. The Scope of Wetlands Debate - Key Democratic backers of a House bill
that would extend the jurisdictional scope of the Clean Water Act (CWA) to
all waters in the nation appear now to be voicing dissent over the
legislation in response to industry and agriculture sector fears that it
could impose EPA regulations on waters previously beyond the agency's
reach. Industry and agricultural
officials have opposed the legislation, H.R. 2421. Consequently, the bill has
seen resistance from many GOP lawmakers and struggled to gain traction among
some Democrats. Proponents of the bill, however, contend that it would not
expand federal authority, but rather would resolve the ongoing controversy
over the water act's limits after a host of controversial suits in federal
courts that have cast doubt on where its jurisdiction begins and ends. Nevertheless, it appears dissent
among certain Democrats is surfacing behind the scenes. (Contact us for more
information on this topic) USEPA Tool Can Cut Utility Energy Use - Energy Star Portfolio
Manager, USEPA's energy tracking tool, has been enhanced to fit the needs
of the nation's energy-intensive water and wastewater utilities. Originally developed for the USEPA
Energy Star Program's commercial facilities focus, the online benchmarking
tool allows utilities to track energy use, calculate carbon footprints,
verify efficiency improvements and set targets for investment
priorities. Water and wastewater
facilities account for more than one-third of municipal energy use.
"Energy efficiency is good for the planet as well as the plant managers who
make water clean and healthy," said Ben Grumbles, chief of USEPA's Water
Office. In a memorandum
exploring the nexus of water and energy, Grumbles cited studies that showed
approximately 56 billion kWh are used for supply and treatment of drinking
water, the equivalent of 44.8 million tons of greenhouse gas released into
the atmosphere. Source Water Protection - The Source Water Collaborative is launching a campaign, "Your
Water. Your Decision," to help local decision-makers take advantage
of opportunities to protect sources of drinking water, understand the costs
involved and consider ways to pay for it. The SWC, a group of 16 national organizations, including
AWWA, and three federal agencies, including USEPA, was formed in February
2006 with a goal of protecting sources of drinking water. New York Congressman Introduces
Bill to Tighten TCE Standards as companion for Senator Clinton proposal last year. Chemical Safety Bill Passed House Committee – The House Homeland Security Committee
yesterday approved draft legislation that would expand the scope of existing
chemical facility security regulations.
The draft bill would allow state governments to institute their own
chemical security regulations as long as they expand on or exceed Homeland
Security Department rules already in place, a fundamental shift from current
practices. The panel approved
the bill, 15-7, which would also bring security at water and wastewater
treatment utilities under the purview of DHS. The bill would ensure that the
DHS regulations already in place are implemented for years past their current
sunset date of October 2009. Homeland Security Chairman Bennie Thompson
(D-Miss.) will likely formally introduce the draft bill next week, when it
will presumably head to the Energy and Commerce Committee, where Chairman John
Dingell (D-MI) has made no secret of his interest in assuming jurisdictional
control over the proposal. The
Energy and Commerce panel has oversight of the Safe Drinking Water Act, which
the Homeland Security Committee measure addresses via the water facility
security provisions. "There is no question that the
committee has full jurisdiction over the existing [chemical facility
security] program," a Dingell spokesman said yesterday. An attempt by Rep. Dan Lungren (R-CA)
to alter the inherently safer technologies (IST) language failed, 11-16. The IST provisions of the bill would
require all chemical facilities listed by DHS in a four-tier framework as
sites "of interest" to review their manufacturing processes or uses
of various chemicals. But only chemical facilities in the top security risk
tier, Tier 1, could be legally compelled by DHS to stop using certain highly
dangerous substances by replacing them with less dangerous alternatives. In the case of water and wastewater
treatment facilities, the bill could require elemental chlorine to be
replaced with the less dangerous sodium hypochlorite, or bleach. From Our North Dakota News Bureau - AP Probe
Finds Drugs in Drinking Water March 2 EPA Appropriations Subcommittees hearings Total Coliform Rule Rewrite News AWWA's Waterweek coverage of the U.S. Small Business Administration top ten regulatory reforms Farm Bill News The EPA IG news on a plan to block states from using bonds to match their SRF grants DHS
to Regulate Chemicals in Your Water System Feb 27 U.S. Small Business Admin.’s Office of Advocacy announces the 2008 r3 Top 10 Rules for Review as part of
the Regulatory Review and Reform
(r3) initiative, the recommendations
will be transmitted to the appropriate federal agencies for their
action. SBA picks rural water’s
affordability petition as one of their top 10. Our Announcement – rural water’s petition –, and the comments that started this effort by U.S. Senators Feb 14 House Interior Appropriations Subcommittee instructions
for funding requests Feb 6 Total Coliform Rule is on the Road to Reform – We have about 6 of rural water’s brightest participating on two EPA panels that are in the process of crafting changes to the EPA TCR Rule... See each of the panel’s lists of proposals for reform and background documents on the rule. Click for the EPA FACA Panel’s proposals and the EPA SBRFA Panel’s proposals. Feb 5 News Roundup – New Chemical Security legislation runs into committee jurisdiction dispute in House, several House Members request study on EPA’s effort to list new drinking water standards (including perchlorate), and another group of House Members asks for study on a new Clean Water Trust Fund. Jan 30 The President has announced a new Executive Order to limit earmarks – what does this mean for rural water? Update (password required). Jan 28, 2008 ASDWA’s Push to Allow State to Retain the Option of
Using Bonds for State SRF Match (see memo) House Republicans Crafting Earmark Reform – final proposal still being crafted. Proposal to Allow USDA to Guarantee Municipal Tax Exempt Funding Instruments (proposal). NYTimes Features Raising Cost of Public Infrastructure Projects (article). House Subcommittee Passes New and Board DHS Regulatory Bill – to cover chemical supplies in local water and wastewater systems (news article and copy of the bill). EPA Water Earmarks in the FY08 Omnibus Appropriations (see the list). Jan 22, 2008 Is Sodium Hypochlorite Safer Than Gas Chlorine? – rural water George in MD has produced a nice bit of research on the topic for your review. George also provided this sage comment, “this data (p.24) goes to something that I think all parties are missing. That is that every gallon of Sodium Hypochlorite on the road contains 1 pound of available chlorine. It is a highly reactive liquid being transported in light weight 1500 gallon plastic containers on the back of stake bed trucks. One 1500 gallon load of this stuff has ¾ tons of chlorine gas in solution. How can anyone say that is safer than a steel container transported under chains and lock down?” Jan. 21, 2008 New Arsenic Study
in Environmental Health Perspectives – says “We found no significant
association between exposure to arsenic and risk for cancers of the lung,
bladder, liver, kidney, prostate, colorectum or melanoma skin cancer;
however, the risk for non-melanoma skin cancer decreased with increasing
exposure. The results indicate
that exposure to low doses of arsenic might be associated with a reduced risk
for skin cancer.” Chemical Security Markup – This Wednesday, a House Homeland Security Subcommittee plans to mark-up a bill to place broad new regulatory authority of the chemicals in water and wastewater systems (“Chemical Facility Anti-Terrorism Act of 2008.") See our statement on the bill. See AWWA’s statement on the bill. Article
on Water Policy Outlook for the Coming Year Dec. 26, 2007 President signs Omnibus into law today – however the President has asked for options to curb special interest spending (which would include rural water’s EPA funding). The President asked OMB, to "look at avenues by which the federal government can address those earmarks." FYI - Back in the Reagan administration, OMB crafted a way to not fund Congressional earmarks because they were only included in the reports that accompany the law – and not specifically in the law. However, pressure from Congress, at the time, resulted in OMB not carrying through on the threat not to fund earmarks included in the reports. Nothing yet indicates that the current administration is dusting off the Reagan proposal. National Water Summit to Convene Next Week - Rural Water’s President Rodney Tart (NC) and Vice President Joe Liles (KY) will represent all of rural water at next week’s Water Summit in Washington DC. All the major water associations will be represented (AWWA, NACWA, WEF, NAWC, AMWA, and NRWA). Each group is asked to identify three priorities for their association for 2008 – check out a summary of rural water’s three priorities to be presented. Inhofe Bill in the News - NRWA gets some favorable
coverage from AWWA’s Waterweek, this week. Dec. 23, 2007 Chemical Security Roundup – The following recent actions and trends have proponents (like Rural Water) of gas chlorine concerned about the movement against the use of gas a disinfectant: a House Committee's hearing last week on chemical security, a draft bill released by the same House Homeland Security Committee that allows for federal government involvement in local disinfection choices, state legislation (like this in TN) moving toward limiting the use of chlorine gas, and major gas chlorine supply companies announcing that they are eliminating sales of small gas cylinders. MD Rural Water’s president who has been closely following this issue offers these comments. Rural Water will be meeting with the key Congressional Committees in January and urging them to continue to allow communities the option of using gas chlorine. To date, we have been well received by these Committees who have intimated they are not looking to cause harm (by eliminating the use of gas) in small water supplies. Also interesting is this study from down-under showing more hazards result from the use of hypo than gas. TCR Reform - The EPA sponsored panel that is working on revising the Total Coliform Rule is getting down to drafting proposals for a new rule (see the status and the agenda for drafting proposals). Rural Water has two representatives participating in the process – on the EPA panel.
Privatization
Happenings – Governor Schwartznegger calls
for greater use of private sector financing for public works projects.
And, the National Association of Regulatory Utility Commissioners is urging
Senators to allow Private Utilities access to Clean Water Revolving
Funds. Rural Water has urged the same Senators to
limit public subsidies (like the SRFs and USDA funding) to only public sector
recipients. Three U.S. Senators Introduce
Sweeping Small Community SDWA Reform Legislation (S. 2905). See rural water’s initial comments. Also see rural water’s petition before
the U.S. SBA on this issue, and the comments that
started this effort with U.S. Senators – that were sent to EPA in May, 2006. |
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