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.

Provided by the Water Environment Federation, Alexandria, VA

Administration Proposes Good Samaritan Legislation to Clean-up Abandoned Mines
On Wednesday, the U.S. Environmental Protection Agency (EPA) announced its proposal to clean up abandoned hardrock mines in the West by encouraging clean up of these mines by third parties not responsible for the original mine abandonment.  The legislation, entitled “The Good Samaritan Clean Watershed Act,” would limit liability under the Clean Water Act and the Superfund Act for third party “Good Samaritans” who agree to clean-up abandoned hardrock mines under agreements with EPA and designated state regulators.  It is estimated that there are over 500,000 abandoned hardrock mines mostly throughout the West that cause significant water quality pollution due to acid drainage running-off from these mines.  Many of the mines are on private land, and the parties responsible for the pollution and cleanup no longer exist. Although Good Samaritans have been willing to adopt these orphaned mines, lingering legal obstacles have blocked efforts by citizen volunteers not responsible for the pollution to clean up abandoned mine sites, despite the environmental benefits. Under current law, anyone cleaning up an abandoned mine site could become liable for the entire mine cleanup and any runoff from the site.  At a House Water Resources and the Environment Subcommittee hearing on this issue in March, David Williams, Director of Wastewater for East Bay Municipal District, testified about EBMUD’s experience in voluntarily cleaning-up the Penn Mine in Northern California.  Williams testified that by undertaking remediation efforts to stop the acid mine drainage, EBMUD was held liable for cleaning of the entire mine at a cost of $10 million. 

The Administration has asked Congressman John Duncan (R-TN), Chair of the House Water Resources Subcommittee, and Senator James Inhofe (R-OK), Chair of the Senate Environment and Public Works Committee, to introduce the legislation on its behalf.  Though the Administration has asked that Congress expedite passage of this measure, there is no word yet on when Congress will take action.  There is currently legislation introduced in the House (H.R. 1266) and Senate (S. 1848) that would provide partial liability relief to third party Good Samaritans. More information about the Administration’s proposal can be found at: http://www.epa.gov/goodsamaritan/ (PS).

House Appropriations Committee Approves FY07 Interior and EPA Appropriations
On Wednesday, the House Appropriations Committee approved subcommittee recommendations for fiscal year 2007 spending to provide $25.9 billion overall funding to a variety of federal environmental and interior agencies, including the Department of Interior, EPA, the U. S. Forest Service, the Smithsonian Institute and the national Endowments for the Arts and for the Humanities.  This level is $418 million more than President Bush’s request, but $145 million less than current FY06 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 House Committee bill are programs contained within the state and tribal assistance grants (STAG), including the Clean Water State Revolving Fund (CWSRF).  Overall, the spending legislation provides $3 billion to STAG programs, which is $209 million below current FY06 funding, but $207 million above the President’s request.  The Committee followed the President’s request for the CWSRF, which is funded at $687.5 million, $200 million below current funding levels. The subcommittee also followed the President’s request for the Drinking Water State Revolving Fund, which is $841 million.  Funding for wastewater operator training was eliminated. The National Biosolids Partnership is included in the funding proposal at $1 million.  Congressman David Obey offered an amendment that would have boosted funding for the Clean Water SRF by $250 million, but the measure was not approved.  The full House is expected to take up the measure before Memorial Day. (PS)

For specific EPA programs, the House Appropriations bill provides:  
 

EPA Releases New Strategy for Agriculture
EPA released its National Strategy for Agriculture on May 8 to initiate a closer partnership with agriculture in fulfilling the agency's mission. EPA intends to use communication, collaboration and innovation to strengthen its relationship with the agricultural community.  The new strategy builds upon farmers' natural interest in protecting natural resources and the environment, and it seeks to address complex issues through locally-based, collaborative efforts.  The goals of the National Strategy for Agriculture include: increasing EPA employee awareness of agricultural issues; working with the agricultural industry, including production, processing and distribution, in developing and demonstrating environmental protection solutions; coordinating research and technology development and real world application so the needs of agriculture and EPA can be more efficiently met; and, identifying environmental improvement measures for agriculture. Additional information on the National Strategy for Agriculture is available at http://www.epa.gov/agriculture/agstrategy.html. (SJH)

WEF and EPA Announce Final Public Meeting on Designated Uses and Use Attainability Analyses
WEF and EPA are co-sponsoring the last in a series of three public meetings on designated uses and use attainability analyses in Seattle on July 31 and August 1. The primary goals of this meeting are to help educate the public on current water quality standards regulations, policy, and practices related to designated uses and use attainability analyses; and to provide a forum for the public to join in discussions, ask questions, and provide feedback.  Specific information regarding registration, the agenda, and logistics are available at http://www.tetratech-ffx.com/stakeholders/.  If you have any questions, please contact Pat Harrigan at 202.566.1666 or e-mail her at harrigan.patricia@epa.gov. (SRT)

EPA 2006 Science Forum Focuses on Public Health
EPA's fifth annual Science Forum on May 16-18 in Washington, D.C. will focus on the relationship between the environment and public health.  The forum, entitled "Your Environment, Your Health, Your Future," will include internationally recognized speakers, sessions on the latest challenges and advances in human health and environmental science, poster sessions, and exhibits. The Forum will bring together three other federal agencies responsible for public health:  the Centers for Disease Control and Prevention; the National Institute of Environmental Health Sciences; and, the Agency for Toxic Substances and Disease Registry.  Registration for the Forum is required, but admission is free. For more information and to register, visit: http://www.epa.gov/scienceforum. (SJH)

Safer Detergents Stewardship Initiative; Notice of Public Meeting
EPA announced in the May 8 Federal Register that it is developing the Safer Detergents Stewardship Initiative (SDSI) to recognize companies, facilities, and others who voluntarily phase out or commit to phasing out the manufacture or use of nonylphenol ethoxylate surfactants (NPEs). These surfactants are used in detergents and in cleaning and other products. Both NPEs and their breakdown products, such as nonylphenol, can harm aquatic life.  EPA will have a public meeting in Washington, DC on June 12 from 2:00 to 5 pm to discuss its plans for SDSI and to solicit stakeholder views on the initiative.  Details on the meeting, information about SDSIs, and the FR notice are available at http://www.epa.gov/dfe/pubs/projects/formulat/sdsi.htm.  (SJH)
 
EPA Awards $70 Million in Grants for Brownfields Sites
On May 12 EPA awarded $69.9 million in grants to communities in 44 states, two territories, and three tribes to promote the redevelopment of abandoned and contaminated or potentially contaminated waste sites.  The $69.9 million in grants include: 184 grants totaling $36.6 million for conducting site assessment and planning for eventual cleanup at one or more brownfields sites or as part of a community-wide effort., 96 grants totaling $18.3 million for cleanup activities at brownfields sites, and 12 grants totaling $15 million to capitalize a revolving loan fund and provide subgrants for cleanup activities at brownfields sites.  For more information on the grant recipients, visit: http://www.epa.gov/brownfields/archive/pilot_arch.htm. For more information on the Brownfields program, visit: http://www.epa.gov/brownfields. (SJH)

Quote of the Week: “Civilization has been a permanent dialogue between human beings and water."  ~Paolo Lugari

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/.