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 13, 2007

EPA to Establish Agriculture Advisory Group
In an effort to forge a closer relationship with the farm community, EPA Administrator Stephen Johnson presided over the agency's first-ever dialogue with leaders of the agriculture industry on July 12 in Washington, DC.  Johnson discussed three primary issues with attendees: (1) environmental issues facing agriculture in the next 10 years; (2) how the changing face of agriculture will impact the environment; and, (3) how EPA can improve its relationship with agricultural producers and get them more involved in environmental protection.  The participants also discussed the role of agriculture in domestic energy production (ethanol, wind power, etc.) and their desire to see this opportunity develop in an environmentally sustainable manner.  During the meeting, Johnson announced his plan to establish a permanent advisory group on agricultural issues to advise EPA on regulations and policy from a rural perspective.  The meeting was held under the auspices of the National Strategy for Agriculture that Johnson signed in May 2006. The strategy sets forth an EPA vision for agriculture that includes greater coordination of environmental protection efforts.  Groups represented at the meeting included the American Farm Bureau Federation, American Farmland Trust, American Soybean Association, National Corn Growers Association, National Council of Farmer Cooperatives, National Cattlemen's Beef Association, Renewable Fuels Association, National Corn Growers Association, and others.  EPA's National Strategy for Agriculture is available at www.epa.gov/agriculture/agstrategy.html.  

EPA to Award $8 Million to Rural Systems for Source Water Protection and SDWA Compliance
EPA announced on July 9 that it intends to award up to $8 million to train and offer technical assistance to small or rural drinking water utilities to comply with requirements under the Safe Drinking Water Act (SDWA).   Funding will be offered in two areas: (1) source water and wellhead protection grants ranging from $1 to $3 million, and (2) rule compliance, capacity development, and operation of water systems grants ranging from $2 to $5 million.  Small water systems are defined by EPA as those serving fewer than 10,000 people; very small systems are those serving fewer than 3,300 people.  According to EPA, 94 percent of water utilities in the U.S. serve fewer than 10,000 people, and approximately 60 percent of these systems serve fewer than 150 connections.  Funding proposals must be received by August 22.  Additional information is available at www.epa.gov/safewater/smallsys.html#eleven.

EPA Invites Public Comment on Design of Nanotechnology Stewardship Program
On July 12, EPA requested public comment on the agency's proposed approach to developing a voluntary Nanoscale Materials Stewardship Program (NMSP) and on its current approach for determining whether a nanoscale material is a "new" or "existing" chemical substance under the Toxic Substances Control Act (TSCA).  According to the Federal Register notice, “NMSP is a voluntary program intended to complement and support EPA's new and existing chemical programs under TSCA and will help provide a firmer scientific foundation for regulatory decisions by encouraging the development of key scientific information and appropriate risk management practices for nanoscale chemical substances.”  EPA's NMSP approach proposes to cover, but is not limited to, existing chemical nanoscale materials manufactured or imported for commercial purposes as defined by TSCA and calls on manufacturers of these materials to develop and report key information.  EPA is seeking comment on a concept paper for the NMSP and the Information Collection Request for the program, as well as comments on a document outlining its current approach for determining whether a nanoscale material is a "new" or "existing" chemical substance under TSCA.  Manufacturers and importers of nanoscale materials that meet the definition of "chemical substances" under TSCA are subject to different requirements and reporting depending on whether they are considered "new" or "existing" chemicals.  EPA will hold a public meeting on August 2 and written comments are due September 10.  Information on the public meeting and copies of each document available for public comment are available at www.epa.gov/oppt/nano/nmspfr.htm.

EPA Issues Draft Technical Document on Expression of Daily Loads in TMDLs
EPA issued a draft technical document for the development of total maximum daily loads (TMDLs) called Options for the Expression of Daily Loads in TMDLs.  EPA’s intent is to provide technically sound options for developing daily load expressions in TMDLs calculated using allocation timeframes greater than daily (e.g., annual, monthly, seasonally).  The technical document supports EPA’s November 2006 policy memorandum entitled Establishing TMDL Daily Loads in Light of the Decision by the U.S. Court of Appeals for the D.C. Circuit in Friends of the Earth, Inc. v. EPA et. al., No. 05-5015 (April 25, 2006) and Implications for NPDES Permits that clarified EPA’s expectations concerning the appropriate time increment used to express TMDLs in light of the April 2006 court decision.  The memorandum is posted at www.epa.gov/owow/tmdl/dailyloadsguidance.html and the draft 62-page technical document is available at www.epa.gov/owow/tmdl/draft_daily_loads_tech.pdf.

Quote of the Week:
“Superstition, idolatry, and hypocrisy have ample wages, but truth goes begging.”
 - Martin Luther

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.