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.

July 6, 2007

Take Back the Tap Report Advocates Use of Tap Water
Choosing tap water over bottled water is better for consumers’ health, their pocketbooks, and the environment, according to a new report released June 28 by Food & Water Watch, a citizen advocacy group dedicated to stopping the corporate control of food and water.  The report, Take Back the Tap, is being released on the heals of a San Francisco executive order banning the use of city funds for bottled water and a U.S. Conference of Mayors resolution to study problems with bottled water consumption.  In 2005, Americans spent $8.8 billion for almost 7.2 billion gallons of non-sparkling bottled water.  “Utilities all over the country spend millions of dollars to deliver clean, safe, affordable water right to the kitchen sink,” said Susan Leal, San Francisco Public Utilities Commission General Manager. “Relying on bottles that use lots of energy to produce and are sometimes trucked or even flown thousands of miles and ultimately become a municipal solid waste problem just makes no sense,” concluded Leal.  The report pointed out that while EPA regulates all public drinking water systems, the Food and Drug Administration (FDA) regulates only 30 to 40 percent of bottled water sold across state lines.  While EPA requires up to several hundred water tests per month by utility companies, FDA requires only one water test per week by bottling companies, the report said.  In addition, nearly 40 percent of bottled water is filtered or treated tap water, according to the report, which is available at www.foodandwaterwatch.org/water/pubs/reports/take-back-the-tap. 

House Passes Appropriations Bill Including Amendment to Block EPA Emissions Proposal
The House of Representatives on June 27 passed a $27.6 billion EPA and Interior Department appropriations bill (H.R. 2643) for fiscal year 2008 that blocks an EPA proposed rule on emissions limits for major sources of air pollution.  The bill, approved by a vote of 272-155, includes an amendment offered by Rep. Eddie Bernice Johnson (D-TX) that prohibits funding of a proposed rule that would have allowed major sources of air pollution to avoid complying with the Clean Air Act's maximum achievable control technology (MACT) standards if their emissions fell below certain thresholds. Under current law, major-source facilities that emit 10 tons per year of a single hazardous air pollutant or 25 tons per year of any combination of air pollutants must permanently comply with MACT.  The amendment that cut off funding for the proposed rule was part of an overall bill providing $8.1 billion for EPA and $10.2 billion for the Interior Department.  President Bush has promised to veto the bill because it exceeds spending limits in his fiscal year 2008 budget request. 

Supreme Court Reverses Earlier Ruling on Endangered Species Act Role in NPDES Permits
On June 25, the U.S. Supreme Court ruled in a 5-4 decision that a federal court could not add Endangered Species Act (ESA) protections as a criterion before transferring National Pollutant Discharge Elimination System (NPDES) permit authority from EPA to a state under the Clean Water Act (CWA) (National Association of Home Builders v. Defenders of Wildlife, 6/25/07).  The decision reversed a U.S. Court of Appeals for the Ninth Circuit ruling that EPA must comply with Section 7(a)(2) of the ESA in addition to the nine criteria listed under Section 402(b) of the CWA when approving the transfer of authority for permitting.  The case involved the transfer of NPDES permitting authority from EPA to Arizona, and the Ninth Circuit ruling returned permitting authority to EPA (Defenders of Wildlife v. EPA, 8/25/05).  CWA Section 402(b) states that EPA "shall approve" each state NPDES program after the state meets nine criteria, none of which includes compliance with ESA Section 7(a)(2).  ESA was enacted after the CWA and states in Section 7(a)(2) that federal agencies must consult with the U.S. Fish and Wildlife Service or with National Oceanic & Atmospheric Administration Fisheries to ensure their actions do not harm a listed species or its habitat.  Text of the Supreme Court decision is available at www.supremecourtus.gov/opinions/06pdf/06-340.pdf.

EPA Region 8 Proposes General NPDES Permit for Municipal Solids
On July 3, EPA Region 8 proposed a new general permit for facilities that generate, treat, use, or dispose of municipal solids.  The proposed National Pollutant Discharge Elimination System (NPDES) permit would replace the original 5 year permit set to expire in August 2007.  According to EPA, the renewal permit is very similar to the previous permit.  EPA Region 8 is requesting public comments on the proposed NPDES permit until August 2. The draft permit and accompanying fact sheet are available at www.epa.gov/region08/biosolids.  To view the July 3 Federal Register notice, visit: www.epa.gov/fedrgstr/EPA-WATER/2007/July/Day-03/w12857.htm. 

Water Infrastructure Financing Tool to Help Borrowers
EPA has developed a new financial comparison tool intended to help states, municipalities, utilities, and other borrowers identify the most cost-effective method to fund a wastewater or drinking water management project.  The Financing Alternatives Comparison Tool (FACT) calculates and compares costs associated with financing options for infrastructure projects. Potential borrowers can enter project information and data from multiple financing options, and FACT will produce a comprehensive analysis that incorporates financing, regulatory, and other important cost factors.  It will also create a variety of useful reports and graphs including a summary report which compares various financing options using key financial figures.  The software program is available on CD ROM or may be downloaded for free from the Clean Water Financing website at www.epa.gov/owm/cwfinance/cwsrf/fact.htm.

EPA Establishes Advisory Committee to Revise Total Coliform Rule for Drinking Water
EPA announced the formation of a federal advisory committee to help develop a rule to better control microbial contaminants in drinking water distribution systems in the June 29 Federal Register.  EPA has chartered the committee for two years and expects that once an agreement is reached, it will take the agency three years to propose a rule.  EPA's 1989 Total Coliform Rule was developed to detect potentially dangerous pathogens in drinking water distribution systems through monitoring by utilities.  The current Total Coliform Rule requires utilities to monitor for total coliform contamination in the distribution system.  In 2003, the agency announced its intention to revise the rule, both to reduce the burden on utilities and to evaluate its effectiveness.  The Federal Register notice is available at www.epa.gov/fedrgstr/EPA-WATER/2007/June/Day-29/w12649.htm.   

EPA Announces Pollution Prevention through Nanotechnology Conference
EPA announced in the July 2 Federal Register that it is convening a conference on the benefits of nanotechnology in pollution prevention and to encourage the development of nanotechnology.  The conference will be held on September 25 and 26 in Arlington, Virginia.  Additional information is at www.epa.gov/fedrgstr/EPA-MEETINGS/2007/July/Day-02/m12764.htm.

Quote of the Week:
“Optimism is the faith that leads to achievement. Nothing can be done without hope and confidence.”
 - Helen Keller

This Week in Washington is provided by the Water Environment Federation, Alexandria, VA and is available on-line at www.wef.org/GovernmentAffairs/TWIW.   To receive by e-mail, contact Sharon Thomas at sthomas@wef.org