This Week in Washington is a weekly publication of the Water Environment Federation’s Government Affairs department. It provides updates on the latest legislative and regulatory developments that affect the water and wastewater communities.

December 22, 2005

Provided by the Water Environment Federation, Alexandria, VA

EPA Proposes Policy on Peak Wet Weather Discharges from Treatment Plants
The U.S. Environmental Protection Agency (EPA) proposed a new policy for addressing peak wet weather discharges at wastewater treatment plants in today's Federal Register.  The EPA policy is based on one developed jointly by the National Association of Clean Water Agencies (NACWA) and the Natural Resources Defense Council (NRDC).  The two organizations presented their policy to EPA in late October and encouraged the Agency to adopt it.  The proposed policy interprets the 40 CFR 122.41(m) bypass provisions and the term “no feasible alternatives” as they apply to peak wet weather flow diversions from publicly owned treatment works (POTWs) serving separate sanitary sewer systems.  The policy states that in limited situations, a NPDES permit can approve anticipated diversions around biological treatment units, provided the facility demonstrates that there are no feasible alternatives and that diverted flows receive a minimum of primary treatment.  EPA’s press release on the policy states that the Agency expects that over time, the need for blending “can be eliminated from most treatment plants serving sanitary sewer collection systems.  That can happen through various approaches such as enhancing storage and treatment capacity and reducing sources of peak wet weather flow volume.”  Public comments on the proposed policy are due January 23.  The policy is available at http://www.epa.gov/npdes/wetweather.  If you are a WEF member interested in working with the Wet Weather Work Group to develop WEF comments on the policy, please contact Sharon at sthomas@wef.org.  (SRT)

Senate Approves Across the Board Cut in Final Spending Measure
The Senate last night approved the FY06 Defense Appropriations Bill which contains a 1% across-the-board cut to domestic discretionary programs, except to programs within the Veterans Administration.  The Senate passed the appropriations measure only after Democrats successfully filibustered an earlier version over a provision that would have opened the Alaska Wildlife Refuge to oil drilling.  Democrats forced Republicans to strip this provision from the bill in order to get passage.  The 1% across-the-board cut applies to all programs within the Environmental Protection Agency, including the Clean Water State Revolving Fund.  The bill also contains $29 billion for recovery efforts to communities devastated by Hurricanes Katrina and Rita. The measure now must win passage in the House before it is enacted.  The House is expected to pass it by unanimous consent later today.  (PS)

National Assessment of Tap Water Quality Finds More than 140 Contaminants with No Enforceable Safety Limits
An Environmental Working Group (EWG) study released on December 20 has revealed that tap water in 42 states is contaminated with more than 140 unregulated chemicals that lack safety standards, according to an EWG press release.  The 2½-year investigation included an analysis of more than 22 million tap water quality tests, most of which were required under the federal Safe Drinking Water Act, the release said.  According to the release, public health officials have not set safety standards for the 140 chemicals found, even though millions drink them everyday.  The most common among the chemicals found were disinfection byproducts, nitrates, chloroform, barium, arsenic and copper, the release added.  EWG is a nonprofit research organization based in Washington, D.C.  To view the executive summary, visit: http://www.ewg.org/tapwater/findings.php. (SJH)

EPA Praises Legislation to Reduce Global Persistent Organic Pollutants
The U.S. Environmental Protection Agency on December 19 commended  Rep. Paul Gillmor, chairman of the House Energy and Commerce Subcommittee on Environment and Hazardous Materials, for introducing legislation that would allow the United States to join three international environmental agreements to address persistent organic pollutants (POPs).  They are the Stockholm Convention on Persistent Organic Pollutants (POPs), the Rotterdam Convention on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, and the POPs Protocol to the Convention on Long Range Transboundary Air Pollutants.  This legislation, coupled with recently introduced Agriculture Committee bills, fills the gaps necessary in domestic law for the United States to fulfill the terms of these international agreements.  POPs include substances such as DDT, PCBs and dioxins.  They are toxic, persist in the environment for long periods of time, and accumulate as they move up the food chain. More information on these three agreements is available at http://www.epa.gov/oppfead1/international/pops.htm. (SJH)

EPA Proposes to Extend CAFO Permitting Deadline as Agency Revises Regulations
On December 21, the U.S. Environmental Protection Agency (EPA) proposed an extension of the February 13, 2006 NPDES permit application deadline in the Concentrated Animal Feeding Operations (CAFOs) regulation and the December 31, 2006 due date for nutrient management plans.  EPA has proposed March 30, 2007, as the new deadline for these activities.  Comments on the proposed extension are due by January 20.  A copy of the proposal is available at http://www.epa.gov/fedrgstr/EPA-WATER/2005/December/Day-21/w24303.htm.

The CAFO rule was issued by EPA in February of 2003 and established permit requirements and effluent guidelines for CAFOs. The new rule required up to 11,000 additional facilities to apply for permits by 2006. The rule also required permitted facilities to develop and implement nutrient management plans.  EPA is in the process of developing options for revising the CAFO rule to comply with the Second Circuit Court of Appeals' decision issued in Waterkeeper v. EPA, 399 F.3d 486 (2nd Cir. 2005).  EPA will issue a proposed rule to revise the 2003 CAFO regulations for public comment in early 2006. (SRT)

This Week in Washington will not be distributed Friday, December 30 due to the Holiday.  The newsletter will resume its normal schedule on Friday, January 6, 2006.
Happy Holidays and Best Wishes for the New Year!

Quote of the Week:  “Perhaps the best Yuletide decoration is being wreathed in smiles.” -Unknown

This Week in Washington is provided by the Water Environment Federation, Alexandria, VA. To receive This Week in Washington by e-mail, contact Lisa Jones, (703) 684-2400 ext. 7741, ljones@wef.org. For more information on this week's stories, please contact the WEF staff whose initials appear at the end of the item in which you are interested. TW –Tim Williams (703) 684-2437, twilliams@wef.org; SRT - Sharon Thomas, (703) 684-2423, sthomas@wef.org; SJH - Sam Hadeed (703) 684-2418, shadeed@wef.org; PS-Patricia Sinicropi (703) 684-2416, psinicropi@wef.org. This Week in Washington is available on-line at http://www.wef.org/PolicyAction/USGovernmentAffairs/TWIW/.