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.

June 2, 2006

Provided by the Water Environment Federation, Alexandria, VA

EPA Proposes Rule on Water Transfers; No Permit Required
On June 1 the U.S. Environmental Protection Agency (EPA) announced a proposed rule that would clarify that permits are not required for transfers of water from one body of water to another.  The proposed rule would define such transfers as the movement of water between bodies of water without subjecting the water to intervening industrial, municipal or commercial use.  "The Water Transfer Rule gives communities needed flexibility to protect water quality, prevent costly litigation and promote the public good," stated EPA Assistant Administrator for Water Ben Grumbles when announcing the proposed rule.  According to EPA, thousands of water transfers currently in place across the country are vital to the water infrastructure.  Transfers include routing water through tunnels, channels, or natural stream courses for public water supplies, irrigation, power generation, flood control, and environmental restoration.  

Several recent court cases have dealt with whether a permit for water transfers is required under the Clean Water Act's National Pollutant Discharge Elimination System (NPDES) program.  In 2004, the question went before the U.S. Supreme Court in South Florida Water Management District v. Miccosukee Tribe of Indians. The court did not rule directly on the issue, generating uncertainty about the need for a permit. EPA concluded in 2005 that Congress intended water resource-management agencies and other state authorities to oversee water transfers, not the NPDES permitting program. This proposed rulemaking codifies that conclusion.  EPA will accept comments on the proposed rule for 45 days after publication in the Federal Register.  The proposed rule and additional information on water transfers are available at http://www.epa.gov/npdes/agriculture#water_transfer.  (SRT)
 
EPA Releases New Guides for Complying with the Stage 1 Disinfectants and Disinfection Byproducts Rule
EPA announced the availability of three new guides to assist small drinking water systems in complying with the Stage 1 Disinfectants and Disinfection Byproducts Rule (Stage 1 DBPR).  These guides provide information about the health risks associated with disinfectants, disinfection byproducts (DBPs), and residual disinfectants; the monitoring requirements of the Stage 1 DBPR; how to determine if you are in compliance; what to report to the state and customers; and how to maintain compliance through partnerships, treatment, and other options.  The guides and additional information on implementing microbial and disinfection byproduct rules are available on EPA’s website at http://www.epa.gov/safewater/mdbp/implement.html. (SRT)

EPA Begins Annual Beach Monitoring Program
This week EPA’s surveillance helicopter, the “Coastal Crusader,” kicked off the Agency’s annual beach monitoring program by scanning the coastal waters of New Jersey and New York and gathering water samples. Each summer, EPA takes samples of coastal waters to determine whether the levels of bacteria in the water are safe for recreation. In addition, EPA has given New Jersey and New York about $600,000 in grants to help them test for pathogens this year.  EPA uses the helicopter to search for floating debris that can wash up on area beaches and shares data with the U.S. Army Corps of Engineers, which uses skimmer vessels to scrape debris from the surface water. EPA also uses the helicopter throughout the beach season to test for dissolved oxygen up to nine miles off the coastline. In addition, EPA conducts semi-monthly sampling for phytoplankton.  Changes in phytoplankton levels can provide an early warning of noxious algae blooms that threaten water quality and sea life. The sampling results are shared with federal, state and local agencies to help them determine if beach closures are necessary.  Additional information on EPA’s coastal water activities is available at http://www.epa.gov/region02/water/oceans/copter.htm and http://www.epa.gov/ost/beaches.  (SRT)

Quote of the Week: “Water, taken in moderation, cannot hurt anybody." ~ Mark Twain

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/.