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.

April 28, 2006

Provided by the Water Environment Federation, Alexandria, VA

WEF, Black & Veatch Release New Report on Wastewater System Damage in Gulf Coast
WEF, in collaboration with Black & Veatch and several municipal water agencies, released a new report earlier this week that assesses damage and reconstruction costs to wastewater systems affected by last year’s Hurricane Katrina in the Gulf Coast. The report, Assessment of Reconstruction Costs and Debt Management for Wastewater Utilities Affected by Hurricane Katrina, was presented to Congress, U.S. EPA and USDA. The report is available at http://www.wef.org/NR/rdonlyres/DF8D6AED-D72E-49A3-9711-E956D750E720/0/katrinafinal.pdf. (PS)

D.C. Circuit Court Rejects Seasonal and Annual TMDLs for the Anacostia River
On April 25 the U.S. Court of Appeals for the District of Columbia Circuit reversed an earlier DC District Court decision by ruling that the word "daily" means "every day" in the Clean Water Act for total maximum daily loads (TMDLs) (Friends of the Earth Inc. v. EPA, D.C. Cir., No. 05-5015, 4/25/06).  The case centered on violations of water quality standards for dissolved oxygen and turbidity in the Anacostia River.  EPA had approved a TMDL limiting the annual discharge of pollutants that lower dissolved oxygen levels and a seasonal TMDL for limiting turbidity.  The earlier decision found it reasonable for EPA to approve seasonal and annual TMDLs for the Anacostia; however, the Court of Appeals looked at the language of the Clean Water Act and stated that "nothing in this language even hints at the possibility that EPA can approve total maximum 'seasonal' or 'annual' loads." The court rejected both EPA's argument that some pollutants are not suited to daily loads and the District of Columbia Water and Sewer Authority’s argument that the court should be more flexible in its interpretation of "daily" because of sewage discharges caused by wet weather events.  The court argued that the EPA Combined Sewer Overflow Policy does not support an alternate interpretation of the word "daily" for TMDLs.  The court remanded the case back to district court with instructions to vacate the EPA approvals for the seasonal and annual TMDLs. The D.C. Circuit's decision is available at http://pacer.cadc.uscourts.gov/docs/common/opinions/200604/05-5015a.pdf.  (SRT)

EPA Releases Semi-Annual Regulatory Agenda and FY07 Water Program Guidance
The U.S. Environmental Protection Agency (EPA) published its semi-annual regulatory agenda in the April 24 Federal Register. EPA publishes the semiannual regulatory agenda to update the public about regulations and major policies currently under development, review, or completed or canceled since the last Agenda.  The Spring 2006 semi-annual regulatory agenda is available at http://www.epa.gov/fedrgstr/EPA-GENERAL/2006/April/Day-24/g2943.pdf.

On April 24, EPA Deputy Assistant Administrator, Michael Shapiro, announced the availability of the FY 2007 National Water Program Guidance.  The Guidance describes priorities for the National Water Program for FY 2007, along with strategies for accomplishing measurable results under the water-related subobjectives of the EPA Strategic Plan.  In the Guidance, EPA identified the following five propriety areas for special attention in FY 2007:  support sustainable water infrastructure, contribute to the President’s wetlands goals, improve monitoring, restore and improve water quality on a watershed basis, and improve compliance with drinking water standards.  The document is available at http://www.epa.gov/water/waterplan/index.html#VI. (SJH)

EPA Announces Process for Funding Great Lakes Sediment Remediation Projects 
EPA announced a final rule on April 25 outlining the process for identification, evaluation, selection, and implementation of projects for funding under the Great Lakes Legacy Act of 2002
The Legacy Act authorizes the appropriation of $50 million annually for fiscal years 2004-2008 for contaminated sediment remediation projects and smaller amounts of funding for other activities.  The new rule applies only to sediment remediation project selection and implementation.  Congress appropriated $9.9 million in fiscal year 2004, $22.3 million in 2005, and $29.6 million in 2006 for Legacy Act cleanups.  President Bush has requested $49.6 million in the proposed 2007 budget.  A request for projects will be issued within 90 days after the rule is published in the Federal Register.  Proposals may be submitted at any time.  More information on Great Lakes Legacy Act is at http://www.epa.gov/glla/. (SJH)

WEF Responds to Activist Attack on Wastewater Profession
WEF Executive Director Bill Bertera submitted a Letter to the Editor of the International Journal of Occupational and Environmental Health (IJOEH) as a rebuttal to an article published in the January-March 2006 issue.  The article, written by Dr. Caroline Snyder, a long-time critic of biosolids, appeared with other papers in a “special issue” of the journal that focused on “corporate corruption of science.”  Dr. Snyder’s paper stated, “EPA and the wastewater treatment industry have worked with Congress to fund wastewater trade associations, including WEF and others, to promote land application, supporting industry-friendly scientists and discouraging independent research, to prevent local governments from restricting land application and to thwart litigation against municipalities and the industry.”

In his response, Bertera stated that in making these conclusions, Dr. Snyder tied together many disparate events and statements from a wide variety of sources.  Further, Bertera stated that the assumptions underlying the paper’s hypothesis are unsupported, and most researchers agree with the National Academy review panels that recycling biosolids to soils presents negligible risk.   To view the January-March 2006 IJOEH article by Dr. Snyder, visit: http://biosolids.org/docs/IJOEH_1104_Snyder.pdf.  To read the April-June 2006 IJOEH Bertera letter and response from Dr. Snyder, visit: http://biosolids.org/docs/Bertera_Snyder_Apr_June2006_Ltr_to_Editor.pdf.  The letters also appear on pages 190-192 of the IJOEH April-June 2006 journal: http://www.ijoeh.com.  (SJH)

EPA's 2006 Clean Water Act Recognition Awards: Availability of Application and Nomination Information  
EPA announced in the April 25 Federal Register the availability of application and nomination information for the U.S. EPA's 2006 Clean Water Act (CWA) Recognition Awards. The awards recognize municipalities and industries for outstanding and innovative technological achievements in wastewater treatment and pollution abatement programs.  Nominations are due to EPA headquarters no later than June 9.  Application forms and instructions are available at http://www.epa.gov/owm/mtb/intnet.htm. (SJH)

37 Facilities Join EPA’s Performance Track Program
EPA announced on April that 37 new facilities have agreed to joint the National Environmental Performance Track program. The facilities have made environmental commitments in a wide range of categories.  23 new members have committed to reducing their energy use over the next three years and others have plans to reduce water use and hazardous waste generation.  The program includes over 400 members in 46 states and Puerto Rico.  In 2004, Performance Track members collectively reduced their water use by more than half a billion gallons, reduced their hazardous waste generation by 800 tons, and reduced their use of nonrenewable transportation fuels by more than 43,000 gallons.  For more Information on the National Environmental Performance Track program, visit: http://www.epa.gov/performancetrack/. (SJH)

Quote of the Week: "Wisdom is meaningless until our own experience has given it meaning.”  ~Bergen Evans

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/GovernmentAffairs/TWIW/.