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.

EPA and Corps of Engineers Issue Joint Guidance on Wetlands
 and Intermittent Streams
Wetlands and streams that either flow intermittently or are linked indirectly to traditional navigable waters will be evaluated by EPA and the U.S. Army Corps of Engineers (Corps) on a case-by-case basis to determine Clean Water Act jurisdiction, according to joint guidance issued by the two agencies on June 5.  In the guidance, the Corps and EPA identify which waters of the U.S. are subject to federal jurisdiction under Section 404 of the Clean Water Act.  Using the guidance, the agencies will determine whether a "significant nexus" exists in each instance between traditional navigable waters and intermittent, non-navigable tributaries, wetlands adjacent to such tributaries, and wetlands separated from relatively permanent tributaries by uplands, dikes, or berms.  In the guidance, the agencies clarified that swales, small washes characterized by infrequent flow, and ditches, including roadside ditches and uplands that do not carry a large volume of water, are not covered under Section 404.  Both agencies will retain federal jurisdiction over navigable waters that are defined as those engaged in interstate commerce and subject to the ebb and flow of the tide, as well as wetlands and streams adjacent to traditional navigable waters. The guidance will be published soon in the Federal Register.  (SJH)

Bush Administration Reduces Roadblocks to Good Samaritan Mine Cleanup
Backed by the Bush Administration, EPA is clearing legal roadblocks that make it difficult for private parties, such as Good Samaritans, to help reclaim hard rock mine sites responsible for degrading water quality throughout the western U.S.  Under a portfolio of policies and model tools released June 6, EPA and voluntary parties will now be able to sign on to “Good Samaritan Settlement Agreements.”  These agreements will provide key legal protections to Good Samaritans as non-liable parties as well as a federal covenant not to sue under the Superfund law, otherwise known as the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  The agreements will also provide protection form third-party contribution suits.  The parties responsible for the pollution from orphan mine sites usually no longer exist or are not financially liable; however, interested parties are often willing to voluntarily clean up these sites.  The fear of being help liable under the Clean Water Act or CERCLA has prevented many remediation projects from materializing. More information on EPA’s Good Samaritan tools can be found at www.epa.gov/compliance/resources/publications/cleanup/superfund/factsheet/goodsam-tools-fs.html.  (MB)

EPA Stormwater Program Progresses Slowly, GAO Reports
A new Government Accountability Office (GAO) report, issued May 31, reveals that EPA has made little progress in implementing stormwater pollution requirements for urban communities.  According to the report, approximately 11% of municipal storm sewer systems have not received permits as of December 2006 – even though the deadline was in 1993 for large communities and for in 2003 for small communities.  The GAO found that 11 of the 220 large urban areas and 809 of the approximately 5,000 smaller communities were not permitted as of fall 2006.  In the report, GAO claimed that over half of all state and federal permitting authorities have not issued all of their permits and that some permitting authorities – including those in Texas, Washington, and EPA Region 6 – have not issued any of their Phase II permits for smaller communities. 

According to the report, legal challenges were partially responsible for delays in issuing separate storm system permits, particularly the U.S. Court of Appeals for the Ninth Circuit decision in 2003 that small municipalities covered under the Phase II stormwater rule must make their compliance plans available to the public for comment (Environmental Defense Center v. EPA, 1/16/03). GAO also found other factors, such as budget constraints, as contributing obstacles.  The report, Clean Water: Further Implementation and Better Cost Data Needed to Determine Impact of EPA's Storm Water Program on Communities (GAO-07-479), is available at http://www.gao.gov/new.items/d07479.pdf.  (MB)

EPA Showcases Green Infrastructure Project at Headquarters
On June 1, EPA held a dedication ceremony for the Ariel Rios South courtyard project, which showcases green infrastructure techniques and low-impact development practices such as rain gardens, permeable concrete, and a cistern.  EPA Administrator Stephen Johnson dedicated the courtyard and emphasized the importance of managing stormwater and its associated pollutants by imitating natural systems to help absorb, infiltrate, evaporate and reuse excess stormwater – rather than using traditional infrastructure that collects, stores and transports water through large, buried sewer systems.  (MB)

WEF to Host Speakers on Water Issues in Palestine and Israel
On June 14, WEF is offering a unique opportunity for the public to hear from Dr. Shaddad Attili and Mr. Fuad Bateh, policy advisors with the Adam Smith Institute (UK) assigned to the Palestinian Negotiations Support Unit, on water and environmental issues pertaining to the Palestinian negotiating position with Israel.  During the briefing, Dr. Attili will provide an overview of the shared water resources between the Palestinians and Israel and contrast the equitable sharing of freshwater resources with the disparity of allocation that occurs when one party has control over common water resources.  The briefing will cover the importance of aligning a bilateral solution beneficial to both Palestine and Israel with a regional arrangement among the other Jordan River basin states.  The briefing will be held June 14 from 9:30 a.m. to 11:00 a.m. at the Center for Strategic & International Studies,1800 K St. NW, in the third floor conference room.  For additional information, contact Maya Buchanan at mbuchanan@wef.org. 

Quote of the Week:
“Do not be too moral. You may cheat yourself out of much life. Aim above morality. Be not simply good; be good for something.”
 - Henry David Thoreau

This Week in Washington is provided by the Water Environment Federation, Alexandria, VA.  To receive by e-mail, contact Sharon Thomas at 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, twilliams@wef.org;  SRT - Sharon Thomas, sthomas@wef.org; SJH - Sam Hadeed, shadeed@wef.org; PS - Patricia Sinicropi,  psinicropi@wef.org; MB - Maya Buchanan, mbuchanan@wef.org.  This Week in Washington is available on-line at www.wef.org/GovernmentAffairs/TWIW.