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.

May 4, 2007

Provided by the Water Environment Federation, Alexandria, VA

GAO Wastewater Security Report Released
The Government Accountability Office (GAO) issued their latest report on wastewater security, Securing Wastewater Facilities: Costs of Vulnerability Assessments, Risk Management Plans, and Alternative Disinfection Methods Vary Widely (GAO-07-480).  The 64-page report, released to the public on May 1, contains findings on the costs of preparing vulnerability assessments and risk management plans among large wastewater facilities and on the costs of converting to alternative disinfection methods at large wastewater facilities.  A comprehensive methodology review and commentary from the U.S Environmental Protection Agency are also enclosed. The Costs of Converting to Alternative Disinfection Methods section (page-14) contains a noteworthy figure identifying disinfection switching costs for several large wastewater facilities.  WEF will be working with the GAO and others to monitor activities on Capital Hill related to chlorine as an issue of national security.  A full-text version of the report can be found at http://www.gao.gov/new.items/d07480.pdf.  (MB)

Senate Agriculture Committee Urged to Increase Conservation Measures in Farm Bill
During a hearing on May 1 before the Senate Agriculture Committee, a panel that included two senators and Wisconsin Democratic Governor Jim Doyle urged the importance of conservation measures and research and development of bio-fuels to the 2007 farm bill.  In his opening statement, Agriculture Committee Chairman Tom Harkin (D-IA) expressed concern over funding for conservation programs.  "There is an increasing demand for conservation assistance, yet the funding available in the conservation title is not enough to deal with the needs that exist now and those that will continue in the future.”  Sen. Benjamin Cardin (D-MD) used the Chesapeake Bay as an example of the importance of Farm Bill conservation measures to water quality.  “The USDA’s conservation programs are critically important to both sustaining agriculture and simultaneously minimizing its impact on the water resources of the basin. Chesapeake Bay watershed farmers have made extensive use of existing conservation programs and support their expansion under the 2007 Farm Bill.”  Jim Doyle, Governor of Wisconsin, testified on behalf of the Midwestern Governors Association and raised questions about how to make the conservation measures easier for farmers to use.  “I recognize that the conservation title of the farm bill is one of our nation’s most important sections of environmental law. Our farmers and ranchers use this law as the guidepost for taking care of half of the nation’s land.  I must start by asking – if more than half of America's land is managed by farmers – why three out of four farmers get rejected when they seek USDA conservation assistance,” he stated, adding that the new Farm Bill, “should respond to these questions and better recognize the important role played by state government.”  The complete list of witnesses and their testimony are available at http://agriculture.senate.gov/Hearings/hearings.cfm?hearingId=2725.  (SRT)

EPA Proposes Not to Regulate 11 Drinking Water Contaminants on Candidate List
The Safe Drinking Water Act (SDWA) requires the U.S. Environmental Protection Agency (EPA) to make decisions on whether or not to regulate at least five unregulated contaminants every 5 years.  These unregulated contaminants are chosen from a list known as the Contaminant Candidate List (CCL).  EPA published the second CCL (CCL 2) in the Federal Register on February 24, 2005 (70 FR 9071).  EPA announced in the May 1 Federal Register its preliminary regulatory determinations for 11 of the 51 contaminants listed on CCL 2. The preliminary determination is that a national primary drinking water regulation is not appropriate for any of the 11 contaminants considered for regulatory determinations.  Although EPA has not made a preliminary determination for perchlorate, the FR notice includes updated information on its evaluation.  EPA is accepting public comments until July 2 on the regulatory decisions and the information and options the Agency is considering on perchlorate.  To view the Federal Register notice, visit: http://www.epa.gov/fedrgstr/EPA-WATER/2007/May/Day-01/w7539.htm.  (SJH)

NGA Challenges EPA on Contaminant Levels for Smaller Water Utilities
In a letter sent last week, the National Governors Association (NGA) criticized the U.S. Environmental Protection Agency (EPA) for allowing small utilities to supply drinking water that contains contaminants three times above the regulatory concentration limits set in 2006.  In the April 23 letter, the NGA asked EPA Administrator Stephen Johnson to explain how drinking water containing three times the maximum contaminant level (MCL) could be “protective.”  The NGA also wanted to know whether EPA’s enforcement office and the Justice Department had considered the impact of allowing such waivers in other programs, especially the Superfund program. The governors requested that EPA explain why it had ignored the National Drinking Water Advisory Council’s recommendation that affordability be defined as 1 percent of median household income on an incremental, rule-by-rule basis.  According to EPA, its March 2006 proposed revisions comply with the Safe Drinking Water Act Amendments of 1996 – requiring the Agency to consider the issue of affordability for utilities serving fewer than 10,000 people when drafting drinking water standards.  However, the governors attest there should be more scientific data available before states can permit small utilities to supply water containing contaminants at such a magnitude above the federally approved level while claiming it is “protective of public health.” To view the National Governors Association letter, visit http://www.nga.org/portal/site/nga/menuitem.cb6e7818b34088d18a278110501010a0/?vgnextoid=81b0904807f12110VgnVCM1000001a01010aRCRD. To see EPA’s proposed revisions to the guidance, visit http://www.epa.gov/safewater/smallsys/affordability.html.  (MB)

Running Dry’s “Call to Action” Brings Attention to Water Projects in Developing World
On May 1st, the Chronicles Group, Millennium Water Alliance, Water Advocates, and Water for People co-sponsored a screening of Running Dry’s “Call to Action” film.  Special guests included actress Jane Seymour, Patty Simon (wife of the late Senator Paul Simon), and Jim Thebaut (Producer of Running Dry).  Opening remarks were made by the Honorable Edward Markey (D-MA), Chairman of the Select Committee on Energy Independence and Global Warming, commemorating the efforts of these groups and others to develop community water projects helping to provide safe and sustainable drinking water resources and sanitation facilities to people in the developing world.  (MB)

EPA Issues Final Rule on Cooperative Agreements and Superfund State Contracts
EPA announced in the May 2 Federal Register a final rule amending the regulation for Superfund Cooperative Agreements and Superfund State Contracts. The revisions incorporate EPA policy changes since 1990 that impact the regulation.  The rule is effective July 2 and is available at http://www.epa.gov/fedrgstr/EPA-GENERAL/2007/May/Day-02/g7990.htm.  (SJH)

Quote of the Week
"The vitality of thought is in adventure. Ideas won't keep. Something must be done about them."
 - Alfred North Whitehead

This Week in Washington is provided by the Water Environment Federation, Alexandria, VA.  To receive This Week in Washington by e-mail, contact Sharon Thomas, (703) 684-2423 , sthomas@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.