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.

NRC Report Considers Impacts of Biofuels Production on Water Resources
On October 10, the National Research Council (NRC) released a report on the implications of biofuels production on water quality and quantity in the U.S.  In 2007, President Bush called for the production of ethanol in the U.S. to reach 35 billion gallons per year by 2017.  According to the report, the administration aims to increase that production to 60 billion gallons per year by 2030, making it likely that biofuels—fuels derived from biological materials—will play a key role in America’s energy future.  The NRC convened a committee to look at how shifts in the nation's agriculture to include more energy crops could affect water management and long-term sustainability of biofuel production.  The committee’s report, Water Implications of Biofuels Production in the United States, discusses the current policy framework and outlines policy options that could help protect water resources.  These include alternative subsidies to reduce impacts of biofuels production on water use and quality, policies to encourage best agricultural practices, and policies to encourage biofuels produced from cellulosic alternatives, which are expected to have less impact on water quality per unit of energy gained than ethanol.  The report and a press release are available at http://books.nap.edu/catalog.php?record_id=12039.

House Resources Committee Approves Bill to Establish Water Commission
On October 10, the House Natural Resources Committee unanimously approved a bill that would establish a water commission to study and develop recommendations for a comprehensive water strategy to address future water needs.  Sponsored by Rep. John Linder (R-GA), the Twenty First Century Water Policy Commission Act of 2007 (H.R. 135) would authorize $9 million for the Commission.  The Commission would study current water management programs of federal, state, and local agencies and private sector entities directed at increasing water supplies and consult with those agencies and entities to develop recommendations for a comprehensive water strategy.  The strategy would identify incentives intended to ensure an adequate water supply to meet U.S. needs for the next 50 years and include financing options.  Five of the nine water experts on the Commission would be appointed by the president, two by the House speaker, and two by the Senate majority leader.  The commission would be eliminated upon completion of the strategy.  The bill text is available at www.govtrack.us/congress/bill.xpd?bill=h110-135&tab=summary.

EPA To Develop Regulations for Geologic Sequestration of Carbon Dioxide
On October 11, EPA announced plans to develop regulations for geologic sequestration, a process of injecting captured carbon dioxide in deep rock formations for long-term storage.  According to EPA, the regulations will ensure that there is a consistent and effective permit system under the Safe Drinking Water Act (SDWA) for commercial-scale geologic sequestration programs to help reduce the effects of climate change.  "Addressing global climate change will require fundamental changes in the way the world generates and uses energy," said EPA Administrator Stephen Johnson. "By harnessing the power of geologic sequestration technology, we are entering a new age of clean energy – where we can be both good stewards of the Earth, and good stewards of the American economy."  The SDWA established the Underground Injection Control (UIC) program to allow the safe injection of fluids into the subsurface in a manner that does not endanger current or future underground sources of drinking water.  EPA plans to propose regulatory changes to the UIC program in the summer of 2008 and will invite the public and stakeholders to provide input.  According to a press release, EPA is working with the Department of Energy as it carries out its carbon sequestration research and development program and is also coordinating efforts to evaluate potential impacts on health, safety and the environment.  On October 9, the Department of Energy announced plans to invest $197 million over ten years in three large-scale carbon sequestration projects - the largest single set in the world to date.  Additional information about geologic sequestration activities under the UIC program is available at www.epa.gov/safewater/uic/wells_sequestration.html.

Microbial Risk Assessment Thesaurus Released by EPA
EPA has released a compendium of microbial risk assessment (MRA) terms to assist risk assessors, managers, and communicators; academia; the public; and the regulated community communicate more effectively.  According to EPA, federal and international agencies, private sector organizations, and academics use terms and definitions differently in their microbial risk assessments.  The Thesaurus of Terms Used in Microbial Risk Assessment is a compendium of these definitions.  By providing insight into how various entities use and define MRA terms in their activities, the Thesaurus is designed to increase transparency and contribute to a common understanding of the MRA process and presentation of results.  The major fields of risk assessment covered include air toxics, carcinogens, ecological, environmental, food safety, nuclear radiation, and water safety.  The Thesaurus is available at www.epa.gov/waterscience/criteria/humanhealth/microbial/thesaurus/.

Record Clean Air Act Enforcement Announced
On October 9, the U.S. Department of Justice (DOJ) and EPA announced that American Electric Power (AEP) has agreed to reduce and cap sulfur dioxide and nitrogen oxide emissions from its coal-fired power plant by more than 813,000 tons per year, pay a $15 million penalty, and spend $60 million on projects to mitigate the adverse effects of its past excess emissions.  The settlement resolves a lawsuit filed against AEP in 1999, alleging the company violated the New Source Review requirements of the Clean Air Act.  According to DOJ and EPA, this is the single largest environmental enforcement settlement in U.S. history, both in the value of injunctive relief and the amount of stationary source emissions to be reduced.  “Today’s settlement will save $32 billion in health costs per year for Americans,” said Granta Nakayama, Assistant Administrator for EPA’s enforcement and compliance assurance program.  The agreement imposes emission caps on 16 AEP-owned plants in Indiana, Kentucky, Ohio, West Virginia, and Virginia.  The AEP settlement was lodged in the U.S. District Court for the Southern District of Ohio and is subject to a 30-day public comment period.  The consent decree is available at www.epa.gov/compliance/resources/cases/civil/caa/americanelectricpower1007.html.

Final Rule on Lead and Copper in Drinking Water
EPA issued a final rule intended to improve requirements in the areas of monitoring, customer awareness, and lead service line replacement In the Oct. 10 Federal Register.  The final rule makes several targeted regulatory revisions to the existing national primary drinking water regulations for lead and copper (see related story in Sept. 28 issue).  The final rule is effective on Dec. 10.  A copy of the rule and more information on lead in drinking water are available at
www.epa.gov/safewater/lcrmr/index.html.  

Quote of the Week:
“Nay, be a Columbus to whole new continents and worlds within you, opening new channels, not of trade, but of thought."
 - Henry David Thoreau, Walden

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