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.

May 5, 2006

Provided by the Water Envionment Federation, Alexandria, VA

House Appropriations Subcommittee Recommends Deep Cuts for EPA and Interior
On May 4, the House Appropriations subcommittee with jurisdiction over budgets for the Environment Protection Agency and the Department of Interior voted on spending for fiscal year 2007.  The Subcommittee’s bill would provide $25.9 billion overall to programs under its jurisdiction, which is $418 million more than President Bush’s request, but $145 million less than current spending.  The bill provides $7.56 billion to EPA, $55 million less than current funding but $254 million more than the administration request.  EPA programs that would suffer the steepest cuts under the proposed spending plan are programs contained within the state and tribal assistance grants account, including the Clean Water State Revolving Fund (SRF).  The spending bill provides $3 billion to STAG programs, which is $209 million below current funding, but $207 million above the President’s request.  While the subcommittee provided greater spending than the President’s request for STAG, it followed the President’s request for the CWSRF, which is funded at $687.5 million, $200 million below current levels. The subcommittee also followed the President’s request for the Drinking Water State Revolving Fund of $841 million (approximately the same as current funding).  During the subcommittee meeting, Ranking Member Norm Dicks (D-WA) stated that the proposed spending levels are “roughly $700 million below the levels necessary to maintain current services” for programs covered under the bill.  The bill now goes to the full House Appropriations Committee for approval, where amendments seeking to increase spending in several areas are expected.  The Senate has not taken up its version of the Interior/EPA spending bill.  (PS)
 
GAO Issues Report on Status of Wastewater Security Measures
The Government Accountability Office (GAO) issued a report on May 1 evaluating security measures wastewater utilities have implemented since the terrorist attacks on 9/11.  GAO surveyed over 200 large wastewater utilities, most of which indicated that they have completed some type of security assessment.  Utilities indicated that most security improvements undertaken since 9/11 have focused on controlling access to treatment plants, while less effort has been directed toward securing collection systems due to technical complexities and costs.  Drinking water utilities were required to conduct vulnerability assessments under the 2002 Bioterrorism Act, but wastewater utilities were not. Senator James Jeffords (I-VT), Ranking Member on the Senate Environment and Public Works (EPW) Committee, has introduced S.1995 which would require that wastewater utilities complete vulnerability assessments. Senator James Inhofe (R-OK), Chairman of EPW Committee is expected to introduce his own wastewater security legislation shortly. The House is not expected to pass wastewater security legislation in this Congress.  Meanwhile, the Senate Homeland Security and Government Reform Committee is considering S. 2145, The Chemical Facility Anti-Terrorism Act, which would require many facilities that manufacture, distribute or store chemicals on-site to submit vulnerability assessments, emergency response plans and site security plans to the Department of Homeland Security.  WEF has sent a letter to Senator Susan Collins (R-ME) and Senator Joseph Lieberman (D-CT), Chair and Ranking Member of the Committee, urging them to exclude wastewater utilities from this legislation, arguing that oversight for security at wastewater utilities should be left to the jurisdiction of the Environmental Protection Agency and pledging to work with the EPW Committee on wastewater specific security legislation. (WEF’s letter is attached).  A copy of the GAO report is available at http://www.gao.gov/new.items/d06390.pdf. (PS)
 
WEF Collaborates with EPA and Other Associations to Improve Utility Management
The Water Environment Federation and five other associations representing the U.S. water and wastewater sector will collaborate with the U.S. Environmental Protection Agency (EPA) to assist local water utilities that would benefit from improved management practices.  This new collaboration was announced May 2, during the WEF/NACWA National Clean Water Policy Forum in Washington.  A joint statement was signed by executive directors from WEF, the Association of Metropolitan Water Agencies, American Public Works Association, American Water Works Association, National Association of Clean Water Agencies, National Association of Water Companies, and the EPA Assistant Administrator for Water Ben Grumbles. "This is an historic step forward in cementing our partnership on sustainable infrastructure," said Grumbles.  "Today we begin an unprecedented and unified effort to advance effective management of water and wastewater utilities and to accelerate the pace of environmental protection."

“Our existing network of treatment facilities, distribution and collection systems are significant public assets worth an estimated $1 trillion,” said Bill Bertera, executive director of WEF.  “Huge additional investments and adoption of new management practices will be needed over the next generation in order to maintain these aging assets and the gains we have made in public health and environmental protection. Legislators, ratepayers, and individual citizens need to know that utility managers are acting as good stewards of these assets if they are going to support this vital investment.” 

Over the next 12 months, the water associations and EPA will identify the attributes of effectively managed utilities, identify methods for measuring utility progress toward goals, and develop a strategy to promote more widespread adoption of effective management practices across the water sector.  The associations plan to appoint a Steering Committee of utility leaders to guide the effort, and additional input will be obtained through focus group meetings and meetings with the members of each associations. The first meeting will be in June 2006.   For more information on the collaboration, visit    http://www.wef.org/ScienceTechnologyResources/TechnicalInformation/Projects/
EPAUtilityManagement.htm. (TW)

EPA Releases Status Reports on each of the Great Lakes
EPA announced the release of biennial status reports on each of the five Great Lakes on May 4. The reports are comprehensive environmental management plans that provide details on the steps needed to ensure protection, restoration, and environmental maintenance of Lakes Superior, Michigan, Huron, Erie and Ontario.  The lake-wide plans are a requirement of the Great Lakes Water Quality Agreement between the United States and Canada to restore and maintain the chemical, physical and biological integrity of the Great Lakes. All of the plans, except for Lake Michigan which is entirely in the United States, were developed with Environment Canada. The plans outline the environmental status of each lake, highlight successes, identify problems, and propose solutions. The reports also include priorities for projects and programs that will advance some of the recommendations of the Great Lakes Regional Collaboration Strategy, developed by stakeholders under a 2005 presidential executive order. The plans are available at http://www.epa.gov/glnpo/gl2000/lamps/index.html.  (SRT)

Hearing Examines Progress of Chesapeake Bay Cleanup
A May 4 hearing in the Water Resources and Environment Subcommittee of the House Transportation and Infrastructure Committee examined progress being made to restore the Chesapeake Bay and meet ambitious pollution reduction goals set by EPA and the six states in the Chesapeake’s 64,000 square mile watershed.  EPA Assistant Administrator for Water Ben Grumbles told the panel that one goal, to remove the Bay from EPA’s list of impaired waters by 2010, would definitely not be achieved.  But Grumbles said the 2010 goal was helpful in spurring progress and should not be adjusted.   A bill introduced by Representative Wayne Gilchrist (R-MD) would renew the federal Bay program and increase annual authorizations from $40 million to $50 million.  Gilchrist said his bill (H.R.4126) was in response to an October 2005 Government Accountability Office (GAO) report which said that progress on the Bay cleanup may have been exaggerated due to reliance on models, and that little accountability for progress toward goals existed between the federal government and the six states. GAO estimated that nearly $3.7 billion in direct funding, including $972 million in federal funds, had been spent on Bay restoration between 1995 and 2004.  The President’s FY 2007 budget requests $26 million for the EPA Chesapeake program office, an increase of $4 million.  The Chesapeake Bay watershed is home to 16 million people in six states and the District of Columbia. State and local government and environmental group representatives testifying at the hearing agreed with Grumbles about the 2010 goal, and said that increased funding and attention is needed to address pollution from agriculture and urban runoff.   They also called for increased use of trading to achieve nutrient reductions, and expressed dismay over proposed cuts to the Clean Water State Revolving Loan Fund (SRF) program.  More information on the hearing is available at http://www.house.gov/transportation/. (TW)

EPA Unveils First-Ever Assessment of U.S. Wadeable Streams
What's the state of the union's streams? EPA set out to answer that question in a just-completed, multiyear study of wadeable streams across the country released on May 5, Wadeable Streams Assessment (WSA), is the first consistent evaluation of the streams that feed rivers, lakes, and coastal waters. Alaska and Hawaii were not included in the report but have pilot projects underway. "Wadeable streams" are those which are shallow enough to be adequately sampled without a boat. They are essential natural resources that have been under-sampled in the past. Conducted between 2000 and 2004, the study was based on sampling at 1,392 sites selected to represent the condition of all streams that share similar ecological characteristics in various regions. It was a collaborative effort that involved dozens of state environmental and natural resource agencies, federal agencies, universities and other organizations. More than 150 field biologists were trained to collect environmental samples using a standardized method. The survey found that stream conditions vary widely across the diverse ecological regions of the country, and that streams in the West were in the best condition. Humans, the researchers found, have a significant impact on wadeable streams. A majority of streams showed evidence of human influence along the streams, such as dams, pavement and pastures. The WSA measured key chemical and physical indicators that reveal stress, or degradation of streams. The most widespread stressors observed are nitrogen, phosphorus, and streambed sediments, which smother aquatic habitat and degrade conditions for fish. Nitrogen and phosphorus are nutrients that can increase the growth of algae, decrease levels of dissolved oxygen and cloud the water. To view the Wadeable Streams Assessment, visit: http://www.epa.gov/owow/streamsurvey.  (SJH)

EPA Announces Stormwater Phase II Training Workshops
The U.S. Environmental Protection Agency (EPA) is holding workshops for city and county stormwater managers called "Getting In Step With Phase II: A Workshop for Municipal Stormwater Program Managers." The workshops are intended to provide local, state, and federal stormwater managers with innovative tools and real-world examples of how to reduce pollutants in urban runoff and comply with NPDES Phase II stormwater requirements. The two-day workshops will provide in-depth training on illicit discharge detection and elimination, post-construction runoff controls, construction management, and public education and involvement.  The agenda for each workshop will vary depending on the needs of communities in that area.  Workshops are May 3 - 4 in Fort Worth, Texas; May 31 - June 02 in Albany, New York;  August 14 - 15 in Phoenix, Arizona ; and September 21- 22 in Lexington, Kentucky.  Registration is available on-line at http://cfpub2.epa.gov/npdes/courses.cfm?program_id=0&outreach_id=200&o_type=1 (SRT).

Quote of the Week: “Patience and tenacity of purpose are worth more than twice their weight of cleverness.”  ~Thomas H. Huxley

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/.