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 11, 2007

Provided by the Water Environment Federation, Alexandria, VA

Water Associations, EPA Release Effective Utility Management Practices Report
Six associations representing the U.S. water and wastewater sector in collaboration with the U.S. Environmental Protection Agency (EPA) on May 8 announced the release of Findings and Recommendations for a Water Utility Sector Management Strategy. Designed to advance effective utility management practices, the report culminates a 12-month effort focused on excellence in water and wastewater utility management. In addition to the report, a statement of support was signed by the collaborating organizations and an action list and fact sheet for utility managers were released.  "This initiative is an historic step forward in strengthening our partnership with the associations and the utilities they represent,” said Benjamin H. Grumbles the Assistant Administrator for EPA’s Office of Water.  The report outlines 10 Attributes of Effectively Managed Water Sector Utilities that provide a reference point for utilities seeking to improve performance. They include: product quality, customer satisfaction, employee and leadership development, financial viability, infrastructure stability, operational resilience, community sustainability, water resource adequacy, and stakeholder understanding and support.  “Our utilities have a history of innovation and initiative,” noted WEF Executive Director Bill Bertera. “Sharing insights gained is especially important now when we need policymakers and ratepayers to make water infrastructure a higher priority.”
 
Formalized in a joint Statement of Intent last May, the Effective Utility Management Collaborating Organizations – the American Public Works Association (APWA), American Water Works Association (AWWA), Association of Metropolitan Water Agencies (AMWA), National Association of Clean Water Agencies (NACWA), National Association of Water Companies (NAWC), the Water Environment Federation (WEF) and EPA – appointed a steering committee of sixteen water utility leaders from across the country to develop the report.  Recommended next steps for the group include rolling out the strategy to the water industry; preparing a brief, stand-alone primer for water sector utility managers; continuing the collaboration among the seven organizations; and employing a continual improvement approach to the strategy’s implementation over time.  A complete set of documents and supporting materials are available on WEF’s web site at http://www.wef.org/ScienceTechnologyResources/TechnicalInformation/Projects/
EPAUtilityManagement.htm.  (SJH)

Water Resources Development Act Moves toward Final Passage in Congress
On May 10, the Senate voted to limit debate on the Water Resources Development Act (WRDA) of 2007 (S. 1248), a $13.9 billion bill that would authorize the U.S. Army Corps of Engineers to carry out a wide range of navigation, flood control, water supply, environmental restoration, and water resource-related projects.  A vote on final Senate passage is expected next week.  The House approved a $15 billion version of the WRDA legislation (H.R. 1495) on April 19.  WRDA legislation was last signed into law in December 2000.  "Seven years is far too long to wait for a bill that authorizes essential flood control, navigation, and ecosystem restoration projects," said Sen. Barbara Boxer (D-CA), the Senate Environment and Public Works Committee Chairman and the bill's manager.  Sens. John Kerry (D-MA.) and Russ Feingold (D-WI) may offer an amendment requiring the Corps to evaluate the effects of climate change when planning water resource projects.  Boxer has said that she and the other lead cosponsors of the bill "...will be opposing all amendments if any one of us has a problem with it."  Meanwhile, the Administration today urged elimination of more than 100 projects from the bill.  In a Statement of Administration Policy to the Senate, the President's Office of Management and Budget (OMB) labeled the spending authorized for local wastewater and drinking water infrastructure projects as "unacceptable," and noted that it "strongly opposes" H.R. 1495 in its current form.  The OMB called for elimination of funding for beach nourishment and mine reclamation projects, and expressed "concerns" about construction of a 72-mile federal levee system in coastal Louisiana that was designed before Hurricane Katrina. (SRT)

WEF Urges OMB to Allow EPA to Finalize Proposed Peak Flow Policy
On May 9, representatives from the WEF Government Affairs Committee met with officials from the Office of Management and Budget (OMB) to discuss the U.S. Environmental Protection Agency’s (EPA) December 2005 peak flow policy.  The policy, which was drafted jointly by the National Association of Clean Water Agencies (NACWA) and the Natural Resources Defense Council (NRDC), has been held up at OMB for several months.  WEF believes that the absence of a national policy on peak flow discharges has resulted in an escalation of both cost and anxiety for publicly owned treatment works (POTWs) and supports the EPA policy.  During the meeting, Federation representatives stressed that WEF’s Guide to Managing Peak Wet Weather Flows supplements the policy by providing a facility planning and management approach to both prepare and evaluate the peak flow policy’s utility analysis.  OMB officials expressed reservations about how the policy addresses cost and the potential for communities to be forced to spend without limits to minimize diversions.  WEF encourages its members that support EPA’s policy to contact your Congressperson and urge action by the Administration on this issue.  WEF’s Guide to Managing Peak Wet Weather Flows is available at www.wef.org/marketplace.  (SRT)

EPA Extends Compliance Dates for NPDES Permits for Concentrated Animal Feeding Operations
EPA announced in the May 10 Federal Register that it is proposing to extend compliance dates in the National Pollutant Discharge Elimination System (NPDES) permitting requirements and Effluent Limitations Guidelines and Standards (ELGs) for concentrated animal feeding operations (CAFOs).  In the meantime, EPA will complete rulemaking to respond to the decision of the Second Circuit Court of Appeals in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005).  EPA is proposing to extend the date by which newly defined CAFOs must seek NPDES permit coverage from July 31, 2007, to February 27, 2009.  EPA is also proposing to extend the deadline by which permitted CAFOs are required to develop and implement Nutrient Management Plans from July 31, 2007, to February 27, 2009. Comments on this proposed action must be received on or before June 11.  To view the Federal Register notice, visit: http://www.epa.gov/fedrgstr/EPA-WATER/2007/May/Day-10/w9027.htm. (SJH)

WEF Honors Public Officials at National Clean Water Policy Forum
This week WEF and the National Association of Clean Water Agencies (NACWA) co-hosted the 2007 National Clean Water Policy Forum, which brought over 130 water and wastewater professionals to Washington DC.  During the event, WEF awarded its 2007 Public Officials Award to Senator George Voinovich (R-OH) and L. Preston Bryant, Jr., Secretary of Natural Resources for the Commonwealth of Virginia.  The Public Officials Award is presented to elected or appointed public officials that have made documented, significant contributions in the areas of clean water legislation, public policy, government service, or other areas of public prominence that resulted in improvements to the water environment.  (SRT) 

EPA Issues Draft 2007 Science Report on the Environment
EPA announced in the May 10 Federal Register that it is providing a 45-day public comment period for the draft document titled, EPA's 2007 Report on the Environment: Science Report.  The draft Science Report was prepared by EPA Program and Regional Offices, the Office of Research and Development (ORD), the Office of Environmental Information (OEI), the Office of Policy Economics and Innovation (OPEI), and the Office of the Chief Financial Officer (OCFO), with coordination by the National Center for Environmental Assessment within EPA's ORD.  The public comment period ends June 25.  The FR notice is at http://www.epa.gov/fedrgstr/EPA-RESEARCH/2007/May/Day-10/r9022.htm.  (SJH)

USEPA and USDA Sign MOU to Protect the Chesapeake Bay
On May 9, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA) signed a Memorandum of Understanding outlining measures for coordination and cooperation among the two agencies in prioritizing and implementing nutrient reduction activities in the Chesapeake Bay watershed.  "Environment and agriculture are teaming up to clean up the Chesapeake like never before," said Benjamin H. Grumbles, EPA Assistant Administrator for Water.  According to EPA, the agreement will better align resources, tools, partners, and actions that will keep farmers producing while accelerating progress toward a healthy Chesapeake Bay.  The Memorandum of Understanding is available at http://www.epa.gov/region03/chesapeake/signedmou.pdf.  (SRT)

EPA Establishes Human Impacts of Climate Change Advisory Committee
EPA announced in the May 10 Federal Register that it is establishing the Human Impacts of Climate Change Advisory Committee (HICCAC).  The purpose of the Committee is to provide advice on the conduct of a study analyzing the effects of global change on human health and welfare that will be conducted as part of the U.S. Climate Change Science Program (CCSP).  HICCAC will advise on the specific issues that should be addressed in the assessment, appropriate technical approaches, the nature of information relevant to decision makers, the content of the assessment report, and other scientific and technical matters.  The draft prospectus for the study is on the CCSP Web site at
http://www.climatescience.gov/Library/sap/sap4-6/sap4-6prospectus-final.htm.  A copy of the Committee Charter will be available at
http://www.fido.gov/facadatabase/ after it is filed with Congress.  EPA’s announcement is at http://www.epa.gov/fedrgstr/EPA-AIR/2007/May/Day-10/a9023.htm.  (SJH) 

EPA Accepting Nominations for 2007 Clean Water Act Recognition Awards
EPA announced in the May 10 Federal Register the availability of application and nomination information for the 2007 Clean Water Act (CWA) Recognition Awards. The awards recognize municipalities and industries for outstanding and innovative technological achievements in wastewater treatment and pollution abatement programs.  Nominations are due to EPA headquarters no later than June 29.  The FR notice is at http://www.epa.gov/fedrgstr/EPA-WATER/2007/May/Day-10/w9026.htm.  (SJH)

Quote of the Week:
“You don't stop laughing because you grow old. You grow old because you stop laughing.”
 - Michael Pritchard

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. This Week in Washington is available on-line at  http://www.wef.org/GovernmentAffairs/TWIW/.