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.

April 6, 2007

Provided by the Water Environment Federation, Alexandria, VA

Supreme Court Rules that EPA Has Power to Act on Greenhouse Gases
In one of its most important environmental decisions in years, the Supreme Court ruled on April 2 that the U.S. Environmental Protection Agency (EPA) has the authority to regulate greenhouse gases in automobile emissions.  The court further ruled that the agency could not sidestep its authority to regulate the greenhouse gases that contribute to global climate change unless it could provide a scientific basis for its refusal.  The 5-to-4 decision was a strong rebuke to the Bush administration, which has maintained that it does not have the right to regulate carbon dioxide and other greenhouse gases under the Clean Air Act, and that even if it did, it would not use the authority.  The ruling does not force EPA to regulate auto emissions, but it would likely face further legal action if it failed to do so.  Writing for the majority, Justice John Paul Stevens said the only way the agency could “avoid taking further action” now was “if it determines that greenhouse gases do not contribute to climate change” or provides a good explanation why it cannot or will not find out whether they do.  The court also decided a second Clean Air Act case on April 2, adopting a broad reading of EPA’s authority over factories and power plants that add capacity or make renovations that increase emissions of air pollutants. In doing so, the court reopened a federal enforcement effort against the Duke Energy Corporation under the Clean Air Act’s “new source review” provision.  The vote in the second case, Environmental Defense v. Duke Energy Corp., No. 05-848, was 9 to 0. (SJH)

Report Claims Millions at Risk of Exposure to Gaseous Chlorine Water Disinfectant, Water Utilities Respond
A report by the Center for American Progress (CAP) addressing the safety hazard of the nation’s continual employment of gaseous chlorine as a water disinfectant created a stir amongst water utilities. The report warns that the transport of toxic gaseous chlorine, en route to 24 drinking water and 13 wastewater facilities, leaves roughly 26 million Americans at risk of exposure. Released April 2nd, Toxic Trains and the Terrorist Threat: How Water Utilities Can Get Chlorine Gas Off the Rails and Out of American Communities, claims that utilities frequently cited cost as the reason for not converting from chlorine gas. Author Paul Orum recommended that Congress assist water utilities in mandating the conversion. The report was rebuked; however, by water utilities who state that substituting gaseous chlorine as a disinfectant is not simply a monetary issue.  Executive director of the Association of Metropolitan Water Utilities, Diane VanDe Hei, noted that utilities that have yet to phase out gaseous chlorine usually face several exogenous factors, such as environmental, public, health, financial, or engineering constraints.  VanDe Hei also attested that gaseous chlorine cannot be completely phased out, for if not used as a primary disinfectant, it is always used as a complimentary agent in maintaining residual disinfection in the distribution system.  Tom Curtis, executive director of the American Water Works Association, noted that in substituting chlorine, other threats arise, such as the distribution of lower quality drinking water and higher disinfectant storage costs. Curtis added that there are few alternatives which can treat pathogens and dangerous byproducts as thoroughly.  For the online version of the CAP report, visit http://www.americanprogress.org/issues/2007/04/pdf/chemical_security_report.pdf.  (MB)

CWA Enforcement Reins Held Tight by U.S. Court of Appeals
In charging a Virginia man for violating the Clean Water Act (CWA), the U.S. Court of Appeals exemplified their support of tightening the reins of U.S. environmental enforcement.  On March 28, the Fourth Circuit affirmed the ruling made on April 28, 2005, convicting D.J. Cooper on nine counts for “knowingly discharging a pollutant from a point source into the waters of the United States.”  Despite receiving successive notices from the Department of Environmental Quality (DEQ), Cooper illegally operated a sewage lagoon, whose end flow is the Albemarle Sound, by way of the Appalachian’s Roanoke River.  This violation is noted under Section 402 of the CWA, which prohibits the discharge of pollutants from a point source into U.S. waters without a National Pollution Discharge Elimination System (NPDES) permit.  Cooper, of Bedford County, VA, was sentenced to 27 months of prison and a total of $270,000 for all nine counts of conviction.  Visit http://pacer.ca4.uscourts.gov/opinion.pdf/054956.P.pdf to view the Fourth Circuit's United States v. Cooper decision. (MB)

Legislation to Raise Farm Bill Funding for Bay Cleanup Introduced in Congress
On March 29, Rep. Chris Van Hollen (D-MD) introduced a bill to increase funding explicitly for the cleanup of the Chesapeake Bay, and for other existing farm bill programs.  Proposing to allocate 200 to 300 million dollars annually to affiliated programs, the Chesapeake’s Healthy and Environmentally Sound Stewardship of Energy and Agriculture Act of 2007 (H.R. 1766) would expand national conservation efforts, emphasizing improvements in soil and water quality and developments in renewable energy production.  Granting funds to help clean up the nitrogen, phosphorus and sediment pollution in the Chesapeake Bay, the act would also target the Environmental Quality Incentives Program, the Conservation Reserve Program, the Conservation Security Program, and the Wetlands Reserve Program, all of which fall under the 2002 Farm Bill expiring this September.  To read more about the bill, visit http://www.govtrack.us/congress/bill.xpd?bill=h110-1766. (MB)

U.S. and China Sign Watershed Agreement
On March 27, in the aftermath of the globe’s 15th World Water Day and China’s 20th World Water Week celebrations, the U.S. and China signed a proactive watershed agreement.  Amplifying U.S. technological assistance to China’s water resource institutions, this agreement bolsters a partnership between the two countries to improve China’s access to safe and sustainable water sources.  The crafters of the agreement attest that reductions in energy consumption and air pollution, both locally and globally, will be made in the process.  Under the agreement, EPA will work with China to investigate and implement the best water management practices yielding improved health and water accessibility in China.  Integrated River Basin Management (IRBM); man-made wetlands; water resources monitoring; and wastewater reuse are the core areas outlined in the agreement’s framework. To read the U.S.-China Memorandum of Understanding visit http://www.epa.gov/water/chinamou.pdf.  (MB)

EPA and USDA Announce Study of Winter Manure Spreading and Runoff Impact
U.S. Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA) have started a new study about the impact on streams, rivers, and lakes from the agricultural practice of winter manure spreading.  Some farmers prefer to spread manure on their fields in the winter to avoid the cost of storage and because frozen soil can handle the weight of manure spreading equipment.  Freeze and thaw cycles create a risk of polluted runoff when manure is applied in the winter.  "The purpose of the study is to improve the science used to make decisions about the safety of winter manure spreading," said EPA Regional Water Division Director Jo-Lynn Traub. "The agencies are trying to balance environmental protection with the needs of farmers."  The study is being conducted at several small experimental watersheds at a USDA research facility near Coshocton, Ohio. The study started in February and the agencies expect to publish results next year. It is a joint study by EPA Region 5, EPA Office of Research and Development and USDA Agricultural Research Service.  More information about the study is available on EPA's Web site at http://www.epa.gov/region5/agriculture.  (SRT)

Register Today for the National Clean Water Policy Forum – Hotel Deadline April 13
Register now for the National Clean Water Policy Forum, May 6–9 in Washington, D.C., held jointly by WEF and the National Association of Clean Water Agencies (NACWA).  As the new leadership of the 110th Congress develops its environmental priorities and the 35th anniversary of the Clean Water Act approaches, there has never been a better time to come together in the heart of the action – Washington, DC.  Key members of the clean water community, Congress, and the U.S. Environmental Protection Agency will discuss their priority clean water issues.  The Policy Forum program will cover topics ranging from wet weather management to climate change and water quality protection measures in the Farm Bill.  In addition to the educational benefits, the Policy Forum will provide you with an opportunity to network with representatives from Capitol Hill and the Executive Branch agencies, as well as other water quality professionals.  The program includes evening receptions, three issue forums, a utility executive’s summit, and a regulatory roundtable breakfast.    Hotel information, registration, and a detailed agenda are at http://www.wef.org/GovernmentAffairs/GAEvents/ and http://www.nacwa.org/meetings/07may/.   (SRT)

New EPA Web Module Offers Watershed Outreach Training
EPA's Watershed Academy recently posted a free, updated online training module titled, "Getting In Step: A Guide to Conducting Watershed Outreach Campaigns."  This module offers a step-by-step system to help local governments, watershed organizations and others maximize the effectiveness of public outreach campaigns to help solve nonpoint source pollution problems and protect local waterways.  The module is based on EPA's outreach guide by the same name posted at: http://www.epa.gov/owow/watershed/outreach/documents/.  To view the new Getting in Step online training module, visit http://www.epa.gov/watertrain/gettinginstep/.  (SJH)

Quote of the Week:
“Wisdom is not a product of schooling but of the life-long attempt to acquire it.”
~Albert Einstein

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; MB - Maya Buchanan (703) 684-2416, mbuchanan@wef.org. This Week in Washington is available on-line at  http://www.wef.org/GovernmentAffairs/TWIW/.