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.

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January 19, 2007

Provided by the Water Environment Federation, Alexandria, VA

Farm Bill Hearing Focuses on Conservation
The Senate Agriculture Committee held a hearing January 17 on two farm bill conservation programs for working farmlands: the Environmental Quality Incentives Program and the Conservation Security Program (CSP). Both programs pay farmers to make environmental improvements on land still in production. Restoring CSP to a nationwide program is a top priority for Chairman Tom Harkin (D-IA) who is considering carving out an energy component to the program.  CSP is one of Harkin's pet programs, but he has been disappointed with its implementation. When he first included CSP in the 2002 farm bill, Harkin envisioned it as a sweeping new environmental entitlement available to farmers across the country. But the U.S. Department of Agriculture wrote tight rules that limited its implementation to certain watersheds on a rotating basis, largely in response to limited funding.  Currently, CSP pays farmers for improving soil or water quality or enhancing wildlife habitat. Harkin has said he would like to add an incentive to pay farmers for planting energy crops. But some environmentalists are concerned that with the increased focus on energy, the farm bill's conservation programs could be moving further away from one of their other goals: wildlife. To view the WEF position statement on the Farm Bill, visit: http://www.wef.org/NR/rdonlyres/F368C993-7644-498C-93EC-774EBC5956C3/0/FarmBillPolicy.pdf.  (SJH)
 
Clean Water Headlines first Transportation and Infrastructure Panel
The House Transportation and Infrastructure (T&I) Committee's first hearing held on January 19 focused on U.S. water infrastructure.  T&I Committee Chairman James Oberstar (D-MN) wants to look into increasing funding in U.S. EPA's budget for wastewater infrastructure improvements and providing legislative clarity on which water bodies and wetlands are subject to Clean Water Act protection, among other issues. Water Resources Subcommittee Chairwoman Rep. Eddie Bernice Johnson (D-TX) had also talked about prioritizing increased investment in wastewater infrastructure in interviews on her agenda for the new session. Under Bush's fiscal 2007 budget request, the Clean Water State Revolving Loan Fund saw a $200 million reduction from current funding -- dropping from $887 million to $688 million. The White House has consistently cut funding for the program since it reached a record $1.35 billion in fiscal 2004. The National Association of Clean Water Agencies (NACWA) testified at the hearing on reauthorizing the clean water State Revolving Fund (SRF). Executive Director of the Western Lake Superior Sanitary District Kurt Soderberg spoke on behalf of the Association regarding the importance of a federal recommitment to clean water. NACWA emphasized that despite the SRF program’s success, the nation’s clean water objectives cannot be met without dedicated sources of federal revenue. For a summary of the House T&I Committee hearing, visit: http://transportation.house.gov/. (SJH)

House Transportation & Infrastructure Subcommittee Chairmen and Ranking Members Finalized
Presiding over his first meeting as chairman of the House Transportation and Infrastructure Committee, Rep. James Oberstar (D-MN) on January 17 pledged swift action on water infrastructure projects. Oberstar hopes to move 12 "major bills" through his committee, including the long-awaited Water Resources Development Act as early as this March.  The committee's top Republican, Rep. John Mica (R-FL), also announced a series of GOP-specific policies on travel and earmarks for members and staff. The final list of subcommittee chairmen and ranking members are: Aviation Chairman Jerry Costello (D-IL) and ranking member Tom Petri (R-WI);Coast Guard and Maritime Transportation Chairman Elijah Cummings (D-MD) and ranking member Steven LaTourette (R-OH); Economic Development, Public Buildings and Emergency Management Chairwoman Eleanor Holmes Norton (D-DC) and ranking member Sam Graves (R-MO); Highways and Transit Chairman Peter DeFazio (D-OR) and ranking member John Duncan (R-TN).  Railroads, Pipelines and Hazardous Materials Chairwoman Corrine Brown (D-FL) and ranking member Bill Shuster (R-PA);Water Resources and Environment Chairwoman Eddie Bernice Johnson (D-TX) and ranking member Richard Baker (R-LA).  (SJH)

Supreme Court Denies Petition Seeking Review of TMDL Decision
On January 16 the United States Supreme Court let stand a lower court ruling handed down last spring requiring daily pollutant limits for the Anacostia River.  In April 2006, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the word “daily” means “every day” in the Clean Water Act (CWA) for total maximum daily loads (TMDLs).  On July 24, 2006 the D.C. Water and Sewer Authority filed a certiorari petition with the Supreme Court, seeking review of the case, and the National Association of Clean Water Agencies submitted an amici curiae brief to the high court. Both argued that the decision places a burden on wastewater utilities, weakens the national TMDL program, and creates a split between appellate circuits on how TMDLs should be expressed.  On Nov. 24 the U.S. Environmental Protection Agency (EPA) and Friends of the Earth filed separate briefs with the Supreme Court arguing against review of the decision.  EPA began implementing its approach to manage the D.C. Circuit Court decision in November when it issued a nationwide guidance requesting daily load allocations in all TMDLs but allowing them to be implemented through permits in nondaily ways.  EPA is currently drafting a series of fact sheets on how to derive daily load expressions for different types of TMDLs. (SRT)

USGS Releases First Annual Streamflow Summary 
Streamflow conditions last year reached record-breaking highs in the Northeast and near-record lows in other areas of the country, according to a new report from the U.S. Geological Survey (USGS), “Streamflow of 2006 – Water Year Summary.  ”The report compares changes in streamflow conditions over the course of 2006 to conditions over the past 75 years.  “Despite these regional highs and lows, however, streamflow conditions nationwide were relatively typical,” says Harry Lins, hydrologist with the USGS surface-water program. “We expect in any given year that one percent of streamgages will experience a new all-time record high or all-time record low streamflow. In 2006, two percent of streamgages reported new record high streamflow, most of which were in New England, and one percent of streamgages experienced new record lows.”  Below normal conditions were prevalent in Texas and other states in the central and southern Great Plains, parts of the Southeast, and Alaska.  USGS plans to provide similar summaries every year and collects data from more than 7,400 streamgages.  The summary report is available at http://water.usgs.gov/waterwatch/2006summary/. (SRT)

Great Lakes Day in Washington Announced for March 6 and 7
The annual Great Lakes policy forum, co-sponsored by the Great Lakes Commission and the Northeast-Midwest Institute, will be held March 6-7 in Washington, D.C.  The purpose of the event is to provide an opportunity for the region’s policymakers and opinion leaders, as well as Members of Congress and staff, to share priorities for the region and strategies for advancing a federal legislative agenda for the Great Lakes.  The agenda includes a breakfast reception featuring remarks by members of Congress, and organizers are hopeful that a hearing on invasive species will be scheduled for March 7.  Representatives of the Great Lakes Commission and partner organizations will also visit congressional offices to discuss matters of regional importance.  Information on the event, including an agenda, is available at http://glc.org/greatlakesday/.  (SRT)

NBP Releases 2006-2007 Annual Report
The National Biosolids Partnership (NBP) announced on January 16 the release of its 2006-2007 Annual Report. The Report includes an overview of the NBP environmental management system (EMS) program, 2006 accomplishments, 2007 action plan, listing and geographical locations of participating EMS agencies, testimonials from participating EMS agencies, NBP EMS program offerings, platinum level program recipients, financial summary, listing of volunteer contributors, and more. Hard copies of the Annual Report will be distributed to a broad list of individuals over the next several weeks. Electronic copies are posted in several locations on the NBP web page, www.biosolids.org.  To view the NBP 2006-2007 Annual Report, visit: http://www.biosolids.org/docs/NBP_2006_2007_AnnualReport.pdf. (SJH)

EPA Proposes Rule to Amend Hazardous Waste Code F019 Listing
EPA announced in the January 18 Federal Register that it is proposing to amend the list of hazardous wastes from non-specific sources (called F-wastes) under 40 CFR 261.31 by modifying the scope of wastes that fall under EPA Hazardous Waste No. F019.  The Agency would be amending the F019 listing to exempt wastewater treatment sludges from zinc phosphating when used in the motor vehicle manufacturing process. EPA is proposing two options that would require the wastes be disposed in a landfill unit that meets certain liner design criteria. The proposed modifications to the F019 listing would not affect any other wastewater treatment sludges.  Comments must be received on or before March 19.  To view the Federal Register proposed rule, visit: http://www.epa.gov/fedrgstr/EPA-WASTE/2007/January/Day-18/f640.htm. (SJH)

EPA Guidance Encourages Farmers to use Methane from Manure to Generate Power
EPA released a guidance on January 18 to help farmers turn manure into usable energy.  The guidance, "A Protocol for Quantifying and Reporting the Performance of Anaerobic Digestion Systems for Livestock Manures," provides state agencies, project developers, and others with information to standardize the process used to evaluate the performance of anaerobic digestion systems used to produce and capture biogas methane emissions from livestock manure. Anaerobic processing uses bacteria that produce methane from manure in the absence of oxygen. Farmers can use the methane to generate electricity or sell it to a utility, generating more farm income, according to EPA.  EPA estimates that waste methane recovery systems are feasible at about 7,000 dairy and swine operations in the United States. In 2005, about 110 systems were operational or under construction, and another 80 were in the planning stages, according to the agency.  The standardized guidance was developed jointly by EPA's AgStar program, the Association of State Energy.  To view the guidance, visit: http://www.epa.gov/agstar/resources/protocol.html. (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/.