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.

March 31, 2006

Provided by the Water Environment Federation, Alexandria, VA

House Panel Looks at Abandoned Mine Clean-Up
The House Subcommittee on Water Resources and Environment held a hearing Thursday examining how to clean up abandoned rock mines that cause water quality problems due to acid mine drainage.  Specifically, the House panel looked at whether passage of Good Samaritan legislation would encourage clean-up of these abandoned mines and if so, what it should cover.  It is estimated that up to 12 million miles of streams and tributaries are polluted because of acid mine drainage from abandoned mines where there is no longer an owner that can be held liable for clean-up.  Good Samaritan legislation would support clean up of these sites by a third party who is willing to pay for the costs of clean up to achieve improved water quality.  Currently, third parties are often reluctant to pay for cleaning up these sites because of liability issues they could assume under environmental laws such as the Clean Water Act or Superfund law. 

Witnesses providing testimony included Ben Grumbles, EPA Assistant Administrator for the Office of Water, Dave Williams; Director of Wastewater at East Bay Municipal Utility District; Paul Frohardt, Administrator of the Colorado Water Quality Control Commission, who testified on behalf of the Western Governors’ Associations and the Western States Water Council; John Mudge Director of Environmental Affairs of Newmont Mining Corporation who testified on behalf of the National Mining Association; and Velma Smith, Senior Policy Advisor for National Environmental Trust.  All testified in support of Good Samaritan legislation, noting that federal legislative relief for third parties is necessary in order to encourage them to step forward and remediate these sites. Currently, there is legislation introduced in the House (H.R. 1266) and Senate (S. 1848) that would provide partial liability relief to third party Good Samaritans that are willing to pay for remediation at abandoned sites.  It is not clear whether this legislation will be voted on this Congress, despite widespread acknowledgement that Good Samaritan legislation would be helpful.  Information on the hearing is available at http://www.house.gov/transportation/water/03-30-06/03-30-06memo.html.  (PS)

EPA and Army Corps of Engineers Propose Rule on Compensatory Wetlands Mitigation
On March 28 EPA and the U.S. Army Corps of Engineers proposed to revise regulations governing compensatory mitigation for activities authorized by permits issued by the Department of the Army. The proposed regulations are intended to establish performance standards and criteria for the use of permittee-responsible compensatory mitigation and mitigation banks, and to improve the quality and success of compensatory mitigation projects for activities authorized by Army permits. The proposed regulations are also intended to account for regional variations in aquatic resource types, functions, and values, and apply equivalent standards to each type of compensatory mitigation. The proposed rule includes a watershed approach to improve the quality and success of compensatory mitigation projects in replacing losses of aquatic resource functions, services, and values. The proposal includes a requirement for in-lieu fee programs to meet the same standards as mitigation banks after a five-year transition period.  Public comments on the proposal are due May 30.  The proposed rule and additional information, including a fact sheet and Q&A sheet, are available at http://www.epa.gov/wetlandsmitigation/.  (SRT)

EPA Praised for Katrina Response; Announces New Grants for Hurricane-Impacted Communities
In a March 29 report issued by the U.S. Environmental Protection Agency's (EPA) Inspector General (IG), EPA was credited for providing "quality and timely information" about the potential health risks of raw sewage following last year's hurricanes in Alabama, Mississippi, and Louisiana. Entitled "EPA Provided Quality and Timely Information Regarding Wastewater after Hurricane Katrina," the report notes that no sewage-related illnesses were reported in the affected areas. The IG concluded that EPA did a "good job" helping states, wastewater treatment facilities, and communities protect rescue workers and the general public. A total of 208 wastewater treatment facilities were affected in various degrees by Hurricane Katrina--117 in Mississippi, 78 in Louisiana, and 13 in Alabama; however, only 10 percent of those facilities were still inoperable 4 weeks after the storm. The IG did not examine issues associated with industrial wastewater, septic tanks, or portable toilets. The report is available at http://www.epa.gov/oig/reports/2006/20060328-2006-P-00018.pdf.  
 
In related news, EPA announced a new grant program on March 30 titled, Environmental Justice Grants in Support of Communities Directly Affected by Hurricanes Katrina and Rita.  Organizations with projects to address local environmental or public health issues stemming from the hurricanes must apply by April 30.  Eligible applicants are limited to local non-profit community-based organizations and local environmental justice networks, local universities or colleges, and local churches located within the states of Louisiana and Texas.  Total funding for the project is $150,000, and the Agency will make awards for $25,000 or $50,000 only. Additional information is available at http://epa.gov/region6/6dra/ejtribal/ej/index.htm. (SRT)

Guidelines for Monitoring Initiative Funds Under Section 106 Grants 
On March 29 EPA announced the availability of guidelines describing the formula it will use to allot Clean Water Act (CWA) Section 106 water pollution control program grant funds that have been targeted in EPA's appropriation process to support enhanced monitoring efforts by states, interstate agencies, and tribes for FY 2006 and beyond. The guidelines also describe the specific activities that recipients must carry out under the monitoring initiative in order to receive the funds. These activities include two components: implementation of comprehensive monitoring strategies, including building capacity for state-scale, statistically-valid surveys of water condition, and collaboration on statistically-valid surveys of the nation's waters. The guidelines are effective on March 29 and are available at
http://www.epa.gov/owm/cwfinance/pollutioncontrol.htm and http://www.epa.gov/owow/monitoring.  (SRT)
 
Kent County, DE Celebrates Three National EMS Accreditations, including NBP Certification 
The Kent County Regional Wastewater Treatment Plant held a staff recognition ceremony on March 24 for their success in receiving three national accreditations in areas of health, safety, and the environment.  The Kent County is the first public agency in the country to be certified under the NBP EMS program, the ISO 14001 standard, and the OHSAS 18001 standard.  Certification and auditing services were provided by KEMA-Registered Quality, Inc. The plant recently completed the implementation of an Environmental, Health and Safety Management System (EHS-MS).  The EHS-MS is a series of procedures designed to reduce the facility’s environmental, health, and safety impacts on the community.  The EHS-MS was developed over the course of the past three years.  Kent County also received accreditation for the British Standards Institute’s Occupational Health and Safety Assessment System (OSHAS) 18001 specification.  The plant is also one of nearly 90 agencies to adopt the National Biosolids Partnership EMS requirements and was the 11th agency in the country to receive NBP certification in December 2005.  (SJH)

Considerations for Developing Alternative Health Risk Assessment Approaches for Addressing Multiple Chemicals, Exposures and Effects; External Review Draft
EPA announced in the March 31 Federal Register a 45-day public comment period for the draft document titled, “Considerations for Developing Alternative Health Risk Assessment Approaches for Addressing Multiple Chemicals, Exposures and Effects'' (EPA/600/R-06/013A). The draft document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development. EPA is releasing this draft document for the purpose of pre-dissemination peer review and stated that the draft does not represent any Agency policy or determination. The public comment period ends May 15.  The notice is available at http://www.myspy.us/cgi-bin/nph-paidmember.cgi/111011A/http/www.epa.gov/fedrgstr/EPA-RESEARCH/2006/March/Day-31/r4746.htm. (SJH)
 

Quote of the Week:  “Perseverance is not a long race; it is many short races one after another. “  ~Elliott, Walter

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/.