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.

January 5, 2007

Provided by the Water Environment Federation, Alexandria, VA

EPA Proposes NPDES Permit Fee Incentive Using CWA Section 106 Grants Allotment
The U.S. Environmental Protection Agency (EPA) announced in the January 4 Federal Register that it is proposing rulemaking for public comment on a National Pollutant Discharge Elimination System (NPDES) Permit Fee Incentive for Clean Water Act (CWA) Section 106 Grants.  EPA is proposing to use its CWA Section 106 authority to provide a financial incentive to States to utilize an “adequate” fee program when implementing an authorized NPDES permit program. EPA proposes to amend its existing Section 106 grant allotment regulation to provide the Agency with the flexibility to allot separately a permit fee incentive amount.  Eligibility for this set-aside is limited to those States authorized by EPA to implement the NPDES program, and the proposed rulemaking would not be effective prior to fiscal year 2008. 

EPA is proposing that States annually submit the total percentage of NPDES program costs recovered through permit fee collections and a statement that the amount of permit fees collected is used to defray NPDES program costs.  EPA will determine the amount of a full share of the set-aside amount (capped at 50 percent of the State's Section 106 grant allotment in the previous year) by dividing the set-aside amount by the number of eligible States.  A full share will be the same amount for each eligible State.  The percent of a full share that each eligible State will receive will be determined by the following formula: a State will receive 25% of a full share if it has collected permit fees that equal or exceed 75% of total State NPDES program costs; 50% of a full share if it has collected permit fees that equal or exceed 90% of total program costs; or a full share if it has collected permit fees that equal 100% of total program costs.  Comments must be received on or before March 5.  WEF is preparing comments (e-mail sthomas@wef.org if you are a WEF member and would like to contribute).  The FR notice is at http://www.epa.gov/fedrgstr/EPA-WATER/2007/January/Day-04/w22549.htm and a fact sheet and related info are at http://www.epa.gov/owm/cwfinance/npdes-permit-fee.htm. (SRT)

EPA Finalizes List of Unregulated Contaminants for Monitoring by Drinking Water Systems
On January 4 EPA published the final list of 25 chemicals that must be monitored by public drinking water utilities under the Unregulated Contaminant Monitoring Regulation (UCMR). Approximately 4,000 utilities will be required to monitor the chemicals during a 12-month period between 2008 and 2010 to provide EPA and other interested parties with data on the occurrence of these contaminants in drinking water.  The Agency will use the monitoring data to make determinations on whether or not to regulate these contaminants.  EPA is required by the Safe Drinking Water Act (SDWA) to publish a list of contaminants to be monitored every five years.  EPA published the first set of contaminants in 1999.  Perchlorate is the only contaminant removed from the proposed list, published in August of 2005.  Monitoring for perchlorate was conducted during UCMR 1, and EPA agreed with a large number of public comments that the Agency has a valid set of data on perchlorate occurrence and potential exposure.  EPA will evaluate exposure and health effects data in order to make a determination on whether or not to regulate perchlorate.  The final rule is available at http://www.epa.gov/fedrgstr/EPA-WATER/2007/January/Day-04/w22123.htm.  (SRT)

Columbus Water Works, GA and City of Raleigh, NC Public Utilities Receive NBP EMS Certification
The National Biosolids Partnership is pleased to recognize the Columbus, GA Water Works and City of Raleigh, NC Public Utilities Department as the newest wastewater agencies in the nation to be certified and admitted to the Partnership’s environmental management system (EMS) for biosolids program. The Columbus Water Works and City of Raleigh Public Utilities Department are among 92 wastewater agencies currently participating in the NBP EMS program. Columbus Water Works was certified on November 15, 2006 and City of Raleigh on December 19, 2006. There are now 15 NBP EMS certified wastewater agencies.  For more information, visit the NBP web page – www.biosolids.org. (SJH)

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/.