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 9, 2006

Provided by the Water Environment Federation, Alexandria, VA
 
GAO Reports on Benefits of Clean Water State Revolving Fund
The Government Accountability Office issued a report this week examining how states allocate funds administered through the Clean Water State Revolving Fund program and how states measure the benefits of those allocations.  The report was requested by Congressman Charles Taylor (R-NC) and Congressman Norm Dicks (D-WA), Chairman and Ranking Member of the House Appropriations Subcommittee on Interior, Environment and Related Agencies.  Specifically, the report examined the extent to which states use their CWSRF dollars to support conventional wastewater treatment infrastructure versus other eligible projects; the strategies states use to allocate their CWSRF dollars among eligible projects; and, the measures states use to ensure that their allocation strategies result in the most efficient and effective use of CWSRF dollars.  GAO found that 60 percent of CWSRF dollars are used by states to fund improved wastewater treatment plants, with the remaining amount supporting the construction or rehabilitation of sewer and storm water collection systems.  CWSRF assistance for nonpoint source activities represents only 4 percent of total CWSRF dollars, although nearly a quarter of all projects. GAO also found that states employ a variety of strategies to allocate the CWSRF funds designed to meet the unique needs of a particular state.  In addition, the report found that states use a uniform set of financial and environmental measures to help determine efficient and effective use of CWSRF resources.  The report is available at www.gao.gov.  (PS)
 
EPA Exempts Oil and Gas Site Construction from NPDES Permit Requirement
On June 7 the U.S. Environmental Protection Agency (EPA) announced that it will publish a rule that exempts construction activities at oil and gas sites from the requirement to obtain an NPDES permit for stormwater discharges except in very limited instances.  According to EPA, the exemption is consistent with the Energy Policy Act of 2005 signed by the President on August 8, 2005.  The rule encourages voluntary application of best management practices for oil and gas field construction activities to minimize erosion and control sediment to protect surface water quality.  It also retains the right of states to regulate these activities under other laws and authorities.  The final rule is effective June 12 and is available at http://cfpub.epa.gov/npdes/stormwater/oilgas.cfm.  (SRT)

New Guidance Helps Small Drinking Water Systems Identify Affordable-Treatment Options
EPA announced on June 6 that it has released a new guidance document to help small drinking water systems provide safe and affordable drinking water to their customers.  The document, Point-of-Use or Point-of-Entry Treatment Options for Small Drinking Water Systems, provides operators and water officials with valuable information about treatment devices that can be installed at a consumer's tap (Point of Use) or on the water line to a consumer's home or building (Point of Entry).   The guidance describes pertinent requirements of the Safe Drinking Water Act and current Federal regulations. It also contains a summary of individual state requirements and a collection of case studies that illustrate how small systems have implemented these treatment options in the past.  Point-of-use devices, such as reverse-osmosis filters, are usually installed under a kitchen sink and can comply with drinking water standards for such contaminants as arsenic, lead, and radium. Point-of-entry devices are installed outside the home or business and can treat an even wider variety of contaminants. Depending on local conditions, the devices may reduce costs by more than 50 percent.  Owners and operators of small drinking water systems will find the guidance useful during the planning stage, including pilot testing, public education, and operation. Maintenance and other implementation issues are also covered.  The guidance is available at http://epa.gov/safewater/smallsys/ssinfo.htm#two.  (SJH)

Water Transfers Proposed Rule in the Federal Register
On June 7 EPA published a proposal in the Federal Register to amend its Clean Water Act (CWA) regulations to expressly exclude water transfers from regulation under the National Pollutant Discharge Elimination System (NPDES) permitting program.  (The announcement of this proposal was covered in last week’s issue).  The proposed rule would define water transfers as an activity that conveys waters of the United States to another water of the United States without subjecting the water to intervening industrial, municipal, or commercial use.  Comments to EPA must be received on or before July 24. The proposed rule is available at http://www.epa.gov/npdes/regulations/water_transfers_preamble_final.pdf.  (SJH)

TRI Program Adopts Reporting by NAICS Codes
EPA announced on June 6 that owners and operators of facilities subject to Toxics Release Inventory (TRI) reporting must identify their principal business activities using North American Industry Classification System (NAICS) codes beginning with reports due July 1, 2007, for releases and other waste management activities for the 2006 calendar year.  Standard Industrial Classification (SIC) codes were used in the past.  EPA is not adding or deleting industry groups subject to reporting requirements, but is identifying the NAICS codes that are subject to TRI. The Office of Management and Budget plans to update the NAICS system every five years. The next update is scheduled for 2007. TRI-covered NAICS codes, if affected by these updates, will be revised accordingly.   Additional information to help facilities convert from SIC to NAICS is at http://www.epa.gov/tri/tridata/naics/.  (SJH)

Quote of the Week: “Like swift water, an active mind never stagnates”  ~ Unknown

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/.