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.

January 27, 2006

Provided by the Water Environment Federation, Alexandria, VA

Senate Hearing Scheduled on Coastal and Estuarine Protection Act
The Senate’s National Ocean Policy Study Subcommittee, Chaired by Senator John Sununu (R-NH), of the Senate Commerce, Science and Transportation Committee will hold a hearing on S.1215, The Coastal and Estuarine Land Protection Act on Wednesday, February 8, at 10:00 am.  The proposed legislation directs the Secretary of Commerce to establish a Coastal and Estuarine Land Protection Program to protect the environmental integrity of undeveloped coastal and estuarine areas. It authorizes the Secretary to make program grants to coastal States for the purpose of acquiring property interests. It also authorizes a regional watershed protection demonstration project that: (1) leverages land acquisition funding from other Federal conservation or acquisition programs; (2) involves partnerships with Federal, State, and non-governmental entities; (3) creates conservation corridors; (4) protects habitats under imminent threat of development or conversion; (5) provides water quality protection for areas under the National Estuarine Research Reserve program; and (6) provides a model for future regional watershed protection projects.   The bill is sponsored by Senator Judd Gregg (R-NH) and currently has twenty-one co-sponsors.  Companion legislation in the House, H.R. 3187, is sponsored by Representative Jim Saxton (R-NJ) and has twenty-eight co-sponsors.  The hearing on February may be webcast live.  For information about how to access the webcast, go to the Committee’s website at http://www.commerce.senate.gov/. (PS)

EPA Administrator Names John Howard as Head of Policy Advisory Group
U.S. Environmental Protection Agency (EPA) Administrator Stephen Johnson on January 26 appointed John L. Howard, Jr. as the new chair of the National Advisory Council for Environmental Policy and Technology (NACEPT), a group that since 1988 has provided advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues.  NACEPT represents diverse interests from academia, industry, non-governmental organizations, environmental groups, and local, state, and tribal governments.  It has directed the work of approximately 30 standing committees and has produced over 50 major reports containing over 1,000 recommendations to the EPA Administrator.  Mr. Howard currently is a Partner at Vinson & Elkins LLP, one of the world's largest international law firms.  He has previously served as the Senior Associate Director for the White House Council on Environmental Quality and the Environment and Natural Resources Policy Director for then-Governor Bush in Texas.  Additional information on the Council is available at:  http://www.epa.gov/ocem/nacept. (SJH)

EPA Releases New Tool for Determining Cause of Ecological Harm to Rivers and Streams
On January 25 EPA released a new web-based tool, the Causal Analysis/Diagnosis Decision Information System (CADDIS), that simplifies determining the cause of contamination in impaired rivers, streams and estuaries.  CADDIS provides a standardized and easily accessible system to help scientists find, use, and share information to determine the causes of aquatic impairment.  Causal analyses look at stressor-response relationships, meaning the effect of a specific substance or activity on the environment.  Typical water stressors include excess fine sediments, nutrients, or toxic substances.  CADDIS was developed by EPA scientists through partnerships with EPA programs and regions, as well as states and tribes.  The version of CADDIS released this week is the first of three.  Future versions will include modules to quantify stressor-response relationships and databases and syntheses of relevant literature on sediments and toxic metals.  CADDIS is available on EPA's Web pages at:  http://www.epa.gov/caddis. (SJH)

EPA Provides Faster Bacterial Contamination Test for Beach Waters
This week EPA announced the success of a new rapid method for testing beach water quality that reduces the time for detecting bacterial contamination from 24 hours to two.  In a paper published in the January issue of "Environmental Health Perspectives," EPA researchers presented some of the first findings of the National Epidemiological and Environmental Assessment of Recreational (NEEAR) Water Study.  NEEAR is a multi-year research project being conducted by EPA and the Centers for Disease Control and Prevention. The first phase of the project assessed the new method in the Great Lakes.  In tests done at two Great Lakes beaches, researchers verified that the new method accurately predicts possible adverse health effects from bacterial contamination.  The next phase will collect and analyze similar data at ocean beaches.  "This research provides a new DNA-based tool that can be used by Great Lakes beach managers to test the water quality in the morning and make same-day decisions on beach warnings or closing — often before people even go into the water to swim, " said George Gray, assistant administrator for the Office of Research and Development.  Additional information on the NEEAR Water Study is available at: http://www.epa.gov/NEEAR/. (SRT)

GAO Report Criticizes EPA’s Data on Lead in Drinking Water
The Government Accountability Office (GAO) released a report this week highly critical of EPA’s database as inadequate to determine whether implementation of its lead rule is effective.  According to GAO, EPA does not have data for over 30 percent of large and medium-sized systems’ and 70 percent of all community systems’ efforts to implement the lead rule.  In addition, GAO questioned the reliability of the data EPA does have because it found that some states reported few to no violations.  The report also concluded that few schools and childcare facilities have tested their water for lead levels as a response to the Lead Contamination Control Act of 1988 or as part of current operating procedures.  Thus, the GAO was unable to determine how pervasive lead contamination is in schools and childcare facilities.   The report drew immediate reaction from Members of Congress.  Senator Jim Jeffords (I-VT), Representative John Dingell (D-MI), and Representative Hilda Solis (D-CA) requested the report after lead was found in tap water in the District of Columbia.  Senator Jeffords released a statement saying, “This GAO report confirms that there are large holes in federal safe drinking water regulations….The EPA has failed to act in a meaningful way to plug these gaps….”  Senator Jeffords is Ranking Member of the Senate Environment and Public Works Committee with jurisdiction over the Safe Drinking Water Act.   Ben Grumbles, EPA Assistant Administrator for Water, said the agency was “strongly advocating” a voluntary program to encourage school districts to test drinking water, but noted that the GAO report “accurately characterizes the incompleteness of new milestones.”  He went on to say that “it is important to note that an absence of new milestone data does not necessarily mean that utilities did not take steps to implement corrosion control.”  The GAO report can be found at www.gao.gov. (PS)

Environmental Groups Say EPA Performance Track Program is Rewarding Polluters
Thirty-one environmental groups are criticizing U.S. EPA's Performance Track initiative, which they say offers regulatory incentives for companies that violate environmental laws.  At issue is the National Environmental Performance Track, which was launched in 2000 with the aim of recognizing and rewarding companies that "consistently exceed regulatory requirements, work closely with their communities, and excel in protecting the environment and public health."  Of the program's 371 participants, 14 have violated one or more federal environmental laws in at least six of the last 12 quarters, environmentalists told EPA Administrator Stephen Johnson in a letter January 25.  The letter also cites hazardous air emissions from at least six Performance Track pulp and paper plants that either increased or declined less than the industry-wide average between 1999 and 2003.  Written by former EPA regulatory chief Eric Schaeffer, who is now with the Environmental Integrity Project, the letter was signed by representatives of U.S. Public Interest Research Group, Greenpeace, Friends of the Earth, West Virginia Rivers Coalition, National Parks and Conservation Association, Environmental Coalition of Mississippi, Iowa Farmers Union, Clean Air Watch, and several other groups.  EPA issued a statement on the program this week. "Performance Track is a national program developed to recognize facilities and corporations that show their commitment to the environment by going beyond regulatory compliance to better protect human health and the environment," it said. "All members must have an EPA-supported environmental management system in place, demonstrate continued environmental improvements, report measurable results and have a record of sustained compliance." (SJH)

U.S. Settles Environmental Lawsuit Against NY City Involving Underground Storage Tank Systems
The US Attorney for the Southern District of New York and the EPA Regional Administrator announced on January 26 that the United States has settled a civil lawsuit against the City of New York involving violations of the Resource Conservation and Recovery Act (RCRA) in connection with the City's underground storage tank systems. The settlement, filed in Manhattan federal court, requires the City to pay $1.3 million in civil penalties and to bring substandard tank systems into compliance with federal law. The Consent Decree also requires the City to undertake an additional environmental project to improve the City's ability to identify releases from its underground storage tanks.  The U.S. charged in the lawsuit that, from at least 1997, the City has been violating RCRA in connection with its underground storage tank systems.  New York City owns at least 1600 underground storage tanks in over 400 locations throughout the New York City metropolitan area, including all five boroughs. (SJH)

EPA Issues Guidance for Perchlorate Cleanups
EPA issued new protective guidance for cleaning up perchlorate contamination on January 26, recommending a preliminary clean-up goal of 24.5 parts per billion in water.  EPA's guidance is derived from the agency's reference dose for perchlorate, and the preliminary goal is a starting point for an evaluation of site-specific conditions.  EP’s intent is to provide clear guidance to site managers to help ensure national consistency in evaluating perchlorate.  Perchlorate has been detected in groundwater or drinking water at approximately 45 of the 1,500 sites on the Agency's National Priorities List.  The guidance document is available at:  http://epa.gov/newsroom/perchlorate.pdf. (SJH)

EPA Issues Toolkit to Help Schools Reduce Lead in Drinking Water
On January 26 EPA released a toolkit to encourage school officials and child care facilities to reduce lead in their drinking water.  The "3Ts for Reducing Lead in Drinking Water at Schools and Child care Facilities Toolkit" contains materials to implement a voluntary Training, Testing, and Telling strategy.  The "3Ts Toolkit" explains how to test for lead in drinking water; report results to parents, students, staff, and other interested parties; and take action to correct problems.  The toolkit also includes an update to a 1994 EPA technical guidance to help schools design and implement testing programs.  The toolkit is available at:
http://www.epa.gov/safewater/schools/guidance.html.  (SJH)
 
NBP Releases 2005-2006 Annual Report
The National Biosolids Partnership is pleased to announce the release of its 2005-2006 Annual Report. The Report includes an overview of the NBP environmental management system (EMS) program, 2005 accomplishments, 2006 action plan, listing and geographical locations of participating EMS agencies, introduction to the newly created ‘tiered recognition program,” testimonials from participating EMS agencies, financial summary, and listing of volunteer contributors.  Electronic copies of the report will be posted in several locations on the NBP web page (see Technical Resources directory and select NBP Downloadable Documents submenu). Readers can view the 2005-2006 Annual Report by visiting: http://www.biosolids.org/docs/NBP_2005_06_annual_rpt.pdf.  In addition, an NBP Biosolids EMS Success Stories Brochure (2003-2005) will be available in early February. (SJH)

Quote of the Week: “Nothing is a waste of time if you use the experience wisely.”    ~Auguste Rodin

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/.