February 23, 2007

Provided by the Water Environment Federation, Alexandria, VA

EPA Holds Public Meeting on Proposed NPDES Permit Fee Incentive
During a public meeting on February 21, the U.S. Environmental Protection Agency (EPA) heard from several stakeholders opposed to the Agency’s Jan. 4 proposal of a National Pollutant Discharge Elimination System (NPDES) Permit Fee Incentive for Clean Water Act (CWA) Section 106 Grants.  Commenters included the Association of State and Interstate Water Pollution Control Agencies, the New England Interstate Water Pollution Control Commission, and the Federal Water Quality Coalition, which represents a group of industrial companies, municipalities, agricultural parties, and trade associations.  The proposed rule would give EPA the flexibility to set aside Section 106 funds to reward states that are using permit fees to recover at least 75 percent of their permit program costs.  EPA plans to set aside up to 3 percent of any Section 106 program funds that exceed the total appropriated in FY 2006 and start the incentive program in FY 2008.  The proposal is online at www.epa.gov/fedrgstr/EPA-WATER/2007/January/Day-04/w22549.htm.

Commenters at the meeting questioned whether EPA has the authority to interfere with how States distribute CWA grants, insisted that the additional administrative burden on states negates any financial incentive, expressed concern that the proposal marks a shift in the Agency’s focus for the NPDES program from clean water to fees generated, and emphasized the potential for small entities and communities to be adversely affected by increased permit fees.  No one publicly commented in support of EPA’s proposal.  Written comments on the proposal are due to EPA on March 5.  If you would like a copy of WEF’s draft comments, in which the Federation expresses opposition to the proposed rulemaking, contact Sharon Thomas at sthomas@wef.org.  (SRT)

Full House Vote on Clean Water Funding Bills Delayed Until March
A vote by the full U.S. House of Representatives on two funding bills related to clean water that were approved by the House Transportation and Infrastructure Committee has been delayed until March. The Water Quality Financing Act of 2007 (H.R. 720) would reauthorize the clean water state revolving fund (CWSRF) at $20 billion over five years; and the Water Quality Investment Act of 2007 (H.R. 569) would authorize $1.8 billion in grants for combined and sanitary sewer overflow control projects from fiscal year 2008 through 2012. (SJH)

EPA Announces Revised Aquatic Life Ambient Freshwater Criteria for Copper
EPA announced in the February 22 Federal Register the availability of the revised recommended aquatic life ambient freshwater quality criteria for copper.  EPA relied on the biotic ligand model (BLM) to derive the revised criteria and stated in the Federal Register that the application of BLM will replace the need for site-specific modifications, such as Water Effect Ratio, to account for site-specific chemistry influences on metal toxicity.  According to the new criteria, freshwater aquatic life should be protected if the 24-hour average and four-day average concentrations do not respectively exceed the acute and chronic criteria concentrations calculated by the BLM.  A return interval of 3 years between exceedances of the criterion continues to be EPA's general recommendation.  EPA first announced intentions to revise the recommended aquatic life criteria for copper in October of 1999.  These criteria are EPA's recommendations; however, state and tribal decision makers have the discretion to adopt different approaches on a case-by-case basis. To view the Federal Register notice go to: http://www.epa.gov/fedrgstr/EPA-WATER/2007/February/Day-22/w3007.htm.  (SJH)

EPA Issues WaterSense Label for Water-Efficient Landscapes
EPA announced on February 22 that it is issuing its first WaterSense label for landscape irrigation. As part of the Agency's new water-efficiency partnership program, two certification programs for landscape irrigation professionals received the WaterSense label:  the Irrigation Association's (IA) Certified Irrigation Designer program and Certified Irrigation Contractor program. To earn the WaterSense label, IA's certification programs must test for the ability to design, install, and maintain water-efficient landscape irrigation systems.  Additional information on WaterSense is available at www.epa.gov/watersense.  (SJH)

EPA Seeks Public Comment on U.S. Greenhouse Gas Inventory
EPA announced on February 20 that it is seeking public comment on a draft report that analyzes sources of greenhouse gas emissions.  The draft report indicates that overall emissions have grown by 16 percent from 1990 to 2005, while the U.S. economy has grown by 55 percent over the same period. The report, Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2005, will be open for public comment for 30 days after the Federal Register notice is published.  After responding to public comments, EPA will submit, through the U.S. Department of State, the final inventory report to the Secretariat of the United Nations Framework Convention on Climate Change, fulfilling its annual requirement as a party to this international treaty on climate change. The inventory tracks annual greenhouse gas emissions at the national level and presents historical emissions from 1990 to 2005. The inventory also calculates carbon dioxide emissions that are removed from the atmosphere by "sinks," e.g., through the uptake of carbon by forests, vegetation, and soils.  Information on the draft 2007 report and how to submit public comments: http://epa.gov/climatechange/emissions/usinventoryreport07.html. (SJH)

WEF and NACWA Announce 2007 National Clean Water Policy Forum
WEF and the National Association of Clean Water Agencies (NACWA) together will host the National Clean Water Policy Forum on May 8–9 in Washington, D.C.  As the new leadership of the 110th Congress develops its environmental priorities and the 35th anniversary of the Clean Water Act approaches, this meeting will provide a unique opportunity to access the latest federal legislative, legal, and regulatory developments.  Key members of the clean water community, Congress, and the U.S. Environmental Protection Agency have been invited to discuss their priority clean water issues.  The Policy Forum will be preceded on May 7 by a first-of-its-kind Utility Executives Forum and a Welcoming Reception.  Information is available at http://www.wef.org/GovernmentAffairs/GAEvents/ and http://www.nacwa.org/meetings/07may/.   A detailed agenda will be available soon.  (SRT)

Quote of the Week:
“It is impossible for a man to learn what he thinks he already knows.”
~Epictetus

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 online at http://www.wef.org/GovernmentAffairs/TWIW/.