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.

March 9, 2007

Provided by the Water Environment Federation, Alexandria, VA

House Passes Water Bills on Sewer Overflows and Alternative Water Supplies
On March 7, the House passed legislation authorizing $1.7 billion in grants to address sewer overflows over five years.  Under H.R. 569, the "Water Quality Investment Act of 2007," the U.S. Environmental Protection Agency (EPA) would issue grants directly to municipalities during fiscal year 2008. The agency would have to use a special needs-based formula to allocate grants to states starting in fiscal 2009, at which point the states would be able to provide municipalities with the appropriate funds.  H.R. 569 originally sought $1.8 billion, but House lawmakers approved an amendment offered by Rep. Steve King (R-IA) that reduced the total authorization by 5 percent. The Bush Administration voiced opposition to the bill, stating that sewer upgrades are already eligible for Clean Water State Revolving Fund financing. Moreover, the White House said, the "excessive authorization will distort market signals by discouraging utilities and their consumers from moving toward full-cost pricing." To view H.R. 569, visit: http://www.rules.house.gov/110/text/110_hr569.pdf.

On March 8, the House passed legislation to increase investment in alternative water projects through a $125 million pilot program.  H.R. 700, the "Healthy Communities Water Supply Act," passed 368-59, despite objections from the White House over the cost.  The administration issued a statement saying that the authorization of $125 million is “unrealistic in the current fiscal environment.”  The bill would revive a pilot program for projects intended to provide water from alternative sources that was authorized for fiscal years 2002 through 2004 but never funded. Eligible projects include those designed to develop innovative ways to conserve, manage, reclaim, or reuse water or wastewater. The bill also would require EPA to consider whether the project is located in an area with a public water system serving 10,000 or fewer residents when selecting grant recipients, under an amendment offered by Rep. Michael Conaway (R-TX) and adopted by a voice vote. To view H.R. 700, visit: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h700ih.txt.  (SJH)
 
EPA Issues Guidance on Listing Waters Impaired by Mercury
On March 8, the U.S. Environmental Protection Agency (EPA) issued guidance on a voluntary approach for listing waters impaired by mercury from atmospheric sources under Clean Water Act section 303(d).  The guidance, Listing Waters Impaired by Atmospheric Mercury Under Clean Water Act Section 303(d): Voluntary Subcategory 5m for States with Comprehensive Mercury Reduction Programs, allows states that have a comprehensive mercury reduction program to list their waters impaired by mercury from air sources in a subcategory "5m" of their 303(d) lists and defer development of Total Maximum Daily Load (TMDL) plans.  According to EPA, the approach uses Clean Water Act tools to encourage mercury reduction programs and recognizes early actions by states to address their mercury sources and achieve environmental results sooner. For more details visit:  http://www.epa.gov/owow/tmdl/mercury5m/. (SJH)

Senators Propose National Commission on U.S. Infrastructure
A bill seeking to improve the nation's aging infrastructure, including roads, bridges, drinking water systems and dams, was introduced by a bipartisan group of lawmakers on March 6.  Senators Norm Coleman (R-MN), George Voinovich (R-OH), Tom Carper (D-DE) and Hillary Rodham Clinton (D-NY) introduced the "National Infrastructure Improvement Act" of 2007, which would establish a National Commission on Infrastructure of the United States. The commission would focus on economic growth and infrastructure needs.  Under the bill, the commission would conduct a study of the state of the nation's infrastructure by February 2010. This would include documenting the capacity of infrastructure improvements to sustain current and anticipated economic development; assess the age, condition and capacity of public infrastructure; examine repair and maintenance needs; and explore financing methods and investment requirements. (SJH)

Senate Committee Holds Hearing on EPA Budget
U.S Environmental Protection Agency (EPA) Administrator Stephen Johnson testified during a March 7 Senate hearing on President Bush's proposed fiscal year 2008 budget, which would cut EPA’s budget by 4 percent.  Senate Environment and Public Works (EPW) Committee Chairwoman Barbara Boxer (D-CA) chided the EPA chief for not pushing the White House harder as it drafted a spending request that included reductions for wastewater infrastructure, air pollution monitoring, brownfields, and global warming.  Johnson defended Bush's budget, saying the $7.2 billion request reflects the administration's "unwavering commitment to setting high environmental protection standards while focusing on results and performance."  Sen. James Inhofe (R-OK), ranking member of the EPW Committee, said Bush's request employs budgetary tricks that undercut the popular Clean Water State Revolving Loan Fund and several regional water programs. Boxer also repeatedly pressed Johnson for answers on a number of policy-related issues, including plans to adopt a rule exempting concentrated animal feeding operations (CAFOs) from some air pollution reporting requirements. (SJH)

EPA Releases Aquatic Life Benchmarks for Pesticides
On March 7, EPA's Office of Pesticide Programs released "aquatic life benchmarks" for 71 pesticides or pesticide degradation products.  The benchmarks are estimates of the concentrations below which pesticides are not expected to adversely affect aquatic life.  According to EPA, the benchmarks can help states target their water quality monitoring efforts.  By comparing a measured pesticide concentration with its aquatic life benchmark, states can determine the relevance of the pesticide concentration to environmental health and can then identify and prioritize sites and pesticides that may need further assessment.  Benchmarks for carbamates, chlorophenoxy acids, dinitroanilines, organochlorines, organothiophosphates, triazines, and other pesticides are listed for acute and chronic effects on fish, invertebrates, vascular plants, nonvascular plants, and the aquatic community as a whole.  The benchmarks are available at http://www.epa.gov/oppefed1/ecorisk_ders/aquatic_life_benchmark.htm.  (SRT)

EPA Issues New Framework for Assessing Metals Risks
EPA announced on March 8 that it has released the final Framework for Metals Risk Assessment.  The framework outlines key principles about metals that will be considered in conducting human health and ecological risk assessments.  Topics addressed in the framework include principles for conducting metals risk assessments, environmental chemistry and fate and transport, and assessments related to human health, aquatic life, and land issues. The framework is not a mandate on exactly how a particular program must conduct its assessments, but a set of key principles that will be useful in preparing such assessments. The framework is available at http://www.epa.gov/osa/metalsframework.  (SJH)

EPA Issues Draft National Coastal Condition Report
EPA announced in the March 9 Federal Register that the third draft National Coastal Condition Report is available for public comment.  EPA wants input on the information in the report, the availability of additional data, and the appropriateness of conclusions drawn from the information presented. Comments are due May 8.  The FR notice is at http://www.epa.gov/fedrgstr/EPA-WATER/2007/March/Day-09/w4294.htm. (SJH)

EPA Announces Webcast on CSOs
EPA has scheduled a webcast on March 21 to help communities and utility managers understand the fundamental requirements of the Combined Sewer Overflow (CSO) Control Policy.  Advanced registration is required.  Visit http://www.epa.gov/npdes/training to register and for more information. (SJH)

Quote of the Week:
“Being defeated is often a temporary condition. Giving up is what makes it permanent”.
~ Marilyn vos Savant

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/.