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 16, 2006

Provided by the Water Environment Federation, Alexandria, VA

Senate Panel Passes Chemical Security Legislation
On June 15, the Senate Homeland Security and Government Affairs Committee passed comprehensive chemical security legislation on a vote of 10-0. The Chemical Facility Anti-Terrorism Act of 2005 requires chemical facilities that manufacture, store or otherwise use large quantities of chemicals to undertake security measures to protect against potential terrorist attacks.  Specifically, the legislation grants authority to the Secretary of the Department of Homeland Security (DHS) to require that chemical facilities conduct vulnerability assessments, emergency response plans, and site security plans within six months of issuing regulations.  The legislation establishes a tiered system of facilities, with the highest tier made up of facilities that present the most danger to the public in the event of a terrorist attack.  The Secretary of DHS would have the discretion to require these facilities, as well as lower-tiered facilities, to undertake security measures.  The facilities that are covered by the legislation include facilities that are required to comply with the EPA’s Risk Management Program under the Clean Air Act, including water and wastewater treatment utilities.  The Water Environment Federation wrote to Senator Collins (R-ME), Chair of the Senate Committee, and to its Ranking Member, Senator Joe Lieberman (D-CT), urging them to exclude wastewater treatment plants from this legislation and to give deference to security programs at EPA that are aimed at securing wastewater utilities.  The Committee declined the request; however, Senator James Inhofe (R-OK), Chair of the Senate Environment and Public Works Committee, has threatened to place a hold on the legislation if drinking water and wastewater utilities are not excluded from the bill. He argues that since the legislation would cover these facilities, his committee should have jurisdiction over the bill. The legislation passed the Committee after attempts failed to amend it to require that facilities use inherently safer technologies.  Similar legislation is pending in the House, although no date has been set for a mark-up.  (PS)
 
House Legislation Would Exempt Homebuilders from Stormwater Permits
Congressman John Duncan (R-TN), Chair of the House Subcommittee on Water Resources, introduced legislation that would exempt residential home builders from seeking permits to discharge stormwater from construction sites into a city or town sanitary sewer system. The Stormwater Enforcement and Permitting Act of 2006, H.R. 5558, would streamline existing permitting procedures for residential developers by removing the requirement for a stormwater permit if the developer discharges into a municipal system that already has a Clean Water Act permit. If enacted, the legislation would potentially affect 70,000 builders and developers who are members of the National Association of Home Builders (NAHB), which strongly supports the bill. The bill has thirteen Republican and five Democratic co-sponsors.  The bill is aimed primarily at easing the concerns of residential developers, who spend between $1,500 and $4,500 per acre to comply with federal stormwater regulations, according to a 2005 survey of NAHB members.  Currently, developers who disturb an acre of land or more and operators of municipal stormwater sanitary sewer systems are both required to obtain National Pollutant Discharge Elimination System permits for stormwater runoff under rules adopted by the Environmental Protection Agency in 2003. The bill would also exempt from permitting requirements developers building on sites that are deemed to have a minimal potential for soil erosion, calculated using a "universal soil loss equation" developed by the Department of Agriculture. (PS)

House Science Committee Passes NOAA Authorization; Joint Ocean Commission Develops Congressional Priority Plan
The House Science Committee this week passed legislation authorizing the National Oceanic and Atmospheric Administration (NOAA), the first authorization for the agency since it was created by executive order in 1970. Since then, the agency has operated under a series of narrow, issue-based laws, and has never had its mission and function legislatively defined.  The action follows a recommendation by the Commission on Ocean Policy report issued to Congress two years ago which called for an “organic act” for NOAA.  The legislation was sponsored by Congressman Vernon Ehlers (R-MI), recipient of last year’s WEF Public Officials Award, and would restructure NOAA into four areas:  National Weather Service, research and education, operations and services, and resources management.  The legislation would generally maintain existing programs, but would create a position of deputy assistant secretary of Commerce for science and technology. The U.S. Department of Commerce houses NOAA. 

In the Senate, efforts to refocus attention on improving the nation’s oceans also gained momentum.  At a Capitol Hill event on June 13 hosted by Senators Barbara Mikulski (D-MD) and Christopher Dodd (D-CT), leaders of the Joint Ocean Commission Initiative presented a top ten list of legislative priorities for Congress to act on.  The Joint Ocean Commission Initiative is an initiative to maintain the impetus from the work of the Pew Ocean Commission and the U.S. Commission on Ocean Policy, which issued two reports on the state of our oceans two years ago.  Leon Panetta, former Clinton Administration Chief of Staff, and William Ruckelshaus, EPA Administrator under both the Nixon and Reagan Administrations, were on hand to present their list of recommended actions.  In addition to enacting an “organic act” for NOAA, the list called for creating incentives for ecosystem-based management that builds on existing regional efforts, supporting innovation and competition in ocean-related research and education, authorizing and funding the Integrated Ocean Observing System, acceding to the United Nations Conventions on the Law of the Sea, establishing an Ocean Trust Fund in the U.S. Treasury as a dedicated source of funds for improved management and understanding of ocean and coastal resources by federal and state governments,  increases in base funding for core ocean and coastal programs and direct development of an integrated ocean budget, and enacting ocean and coastal legislation that has already progressed significantly in this Congress.  The Joint Ocean Commission Initiative report, From Sea to Shining Sea, is available at http://www.jointoceancommission.org/press/press/release0613_assets/Sea%20Report.pdf  (PS)
 
Senate Panel Hearing Focuses on Abandoned Mine Clean-up
The Senate Environment and Public Works Committee held a hearing this week on legislation promoting voluntary clean-up of abandoned hard rock mines. The hearing focused on two pieces of legislation that would establish a Good Samaritan program within EPA to grant limited liability relief to third parties who were not responsible for the original mine pollution but who volunteer to pay for remediation costs.  The first bill, S. 1848, The Good Samaritan Cleanup of Inactive and Abandoned Mines, is sponsored by Senators Wayne Allard (R-CO) and Ken Salazar (D-CO), and would authorize EPA to issue permits on a case-by-case basis to “Good Samaritans” to remediate abandoned mines, and provide immunity under a number of environmental laws.  The second bill, S. 2780, the Good Samaritan Clean Watershed Act, is similar to the first bill, but would grant liability relief only under the Clean Water Act and the Superfund Act.
 
Witnesses at the hearing raised concerns that neither pieces of legislation contain any water quality standards by which the Good Samaritans would be required to clean up the mines, and expressed concern that without rigorous standards, remediation efforts may exacerbate the situation and worsen water quality. At the hearing, Senator Barbara Boxer (D-CA) argued that there are current tools in place to facilitate remediation by third party “Good Samaritans”, including administrative orders and protections under the Brownfields program.  Other groups pointed to legislation pending in the House, H.R. 1266, Abandoned Hardrock Mines Reclamation Facilitation Act, as a preferred approach to this issue because it requires that third parties follow applicable water quality standards and provide assurance that remediation will not worsen water quality.  It is not clear when further action on these bills might be taken. (PS)
 
EPA Launches New Water Efficiency Program
On June 12 the U.S. Environmental Protection Agency launched WaterSense, a new water efficiency program intended to educate American consumers on making water choices that save money and maintain high environmental standards without compromising performance.  "Efficient products and informed consumers lead to smart water use. EPA's WaterSense program will provide water solutions that are a win-win for our wallets and our environment. WaterSense just makes sense," said EPA Administrator Stephen Johnson.  The WaterSense program aims to raise awareness about the importance of water efficiency, ensure the performance of water-efficient products, and provide good consumer information. The WaterSense label will be placed on products and services that perform at least 20 percent more efficiently than their counterparts.  According to EPA, the average household adopting water efficient products and practices can save 30,000 gallons per year.  Manufacturers can certify that products meet EPA criteria for water efficiency and performance by following testing protocols specific to each product category. In addition, products will be independently tested to ensure EPA specifications are met. These products will be available to families and businesses early next year.  Information about the WaterSense program is available at www.epa.gov/watersense.  (SRT)

WEF and EPA Co-Sponsor Final Public Meeting on Designated Uses and Use Attainability Analyses
The Water Environment Federation and U.S. Environmental Protection Agency are co-sponsoring the last of three Open Public Meetings on Designated Uses and Use Attainability Analysis on July 31 and August 1 in Seattle, WA. 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 analysis; and to provide a forum for the public to join in discussions, ask questions, and provide feedback.  The public meeting will be held at the Sheraton Seattle Hotel (phone 888-627-7056 or 206-621-9000). The cutoff date for the reserved block of rooms is July 7.  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 at harrigan.patricia@epa.gov. (SRT)

EPA Pollution Prevention Information Network Grants; Request for Applications
EPA announced in the June 15 Federal Register that approximately $700,000 will be available to support grants to States in Fiscal Year (FY) 2006 for programs to promote the use of successful pollution prevention techniques by businesses and technical assistance providers. This provision is allowed under the authority of the Pollution Prevention Act of 1990. This grant program seeks to increase access to pollution prevention information and ensure the information is available to all facilities, businesses, or technical assistance providers. Federal funds must be matched dollar for dollar, and the maximum cost of an application is $240,000 with $120,000 from federal funding. Applications must be received on or before July 31, 2006.  To view the Federal Register notice, visit: http://www.myspy.us/cgi-bin/nph-paidmember.cgi/111011A/http/www.epa.gov/fedrgstr/EPA-TOX/2006/June/Day-15/t9361.htm.  (SJH)

Registration Open for Conference on Cross-Cutting Clean Water & Drinking Water Issues
The National Association of Clean Water Agencies, in cooperation with WEF, American Water Works Association, and Association of Metropolitan Water Agencies, is hosting a conference July 18 - 21 in Seattle, WA, to highlight issues of importance to both the clean water and drinking water communities.  Issues such as new, more stringent requirements for pathogens and disinfection byproducts, emerging contaminants, advanced wastewater treatment and the increased demand for water – are contributing to mounting challenges in the relationships between drinking water and clean water agencies.  Speakers will examine real-world case studies that are challenging the traditional boundaries between the Clean Water Act and Safe Drinking Water Act, and the sometimes conflicting goals of these two major environmental laws.  Registration, agenda, and additional information are available at http://www.nacwa.org/meetings/06summer/.   (SRT)

Quote of the Week: “Individual commitment to a group effort -- that is what makes a team work, a company work, a society work, a civilization work.”   ~Vince Lombardi

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/.