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.

Federal Court Strikes Rule Exempting Oil and Gas Projects from Permitting Requirements
On May 23, the U.S. Court of Appeals for the Ninth Circuit vacated a rule exempting oil and gas construction activities from Clean Water Act permitting requirements for stormwater discharges containing sediment (Natural Resources Defense Council v. EPA, 9th Cir., No. 06-73217, 5/23/08).  The case involved a rule finalized by EPA in June 2006 that exempted oil and gas activities from National Pollutant Discharge Elimination System (NPDES) permit requirements.  At issue was whether or not the agency overstepped by not requiring permits for oil and gas construction runoff containing sediment.  According to EPA, the rule was promulgated to codify changes to the Clean Water Act resulting from the Energy Policy Act of 2005; however, the court found that the amending statute made no "mention" of sediment discharges.  In the 2-1 majority opinion, the court concluded that the EPA rule "constituted an impermissible construction" of Section 402(l)(2) of the Clean Water Act.

“It is well known that sediment pollution from oil and gas development can impair water quality and destroy aquatic habitat. Yet under the guise of enforcing the 2005 Energy Act, EPA exempted projects from the requirements of the Clean Water Act. Today, the court rightly decided that the EPA rule was arbitrary and capricious. The law clearly requires oil and gas projects ensure that their activities do not contribute to violations of water quality standards,” said Sharon Buccino, senior attorney at NRDC.

EPA is reviewing the decision and considering its next steps.

Senate Set to Debate Climate Change Legislation
Senate Majority Leader Harry Reid (D-NV) announced that during the week of June 2, the Senate will take up debate on major climate change legislation.  The original bill approved by the Senate Environment and Public Works Committee last December, S. 2191, known as the Lieberman-Warner bill or the Climate Security Act (CSA), has the strong support of several major environmental organizations.

The purposes of the bill are to establish a federal program to reduce greenhouse gas emissions in the U.S. between 2007 and 2050 and to avert the catastrophic impacts of global climate change while maintaining economic growth, creating new jobs, and not imposing hardship on citizens.  The bill calls for an absolute cap on total emissions of 6 pollutants (carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, and perfluorocarbons) from all “covered entities” in the electric power, transportation, and industry sectors.  These entities, according to the bill, are responsible for 87% of U.S. greenhouse gas emissions.

The bill allows anyone to buy, hold, sell, and retire emission allowances under a “cap and trade” system.  EPA would develop regulations to set up a system of “offset allowances,” in which covered facilities may offset their emissions with something done by a non-covered facility that has reduced the number of CO2 equivalents that the facility otherwise would have emitted in that calendar year.  Billions of dollars are provided in the bill in the form of “transition assistance” to oil refiners and natural gas providers, as well as taxpayers who need assistance with energy costs.

Senator Reid introduced a new version of the climate bill, S. 3036, that incorporates S. 2191, as well as an amendment that the Congressional Budget Office says will make the package budget neutral by creating a fund of $955 billion through 2050 to pay off the federal budget deficit.  A wide range of amendments are expected, including those to boost nuclear power and oil and gas exploration off the U.S. coasts.

The House has had hearings on, but has not formally taken up, climate change legislation, and Congress is not expected to pass a final bill before the November elections.

Coalition Urges Action to Combat Global Warming and Protect the Great Lakes
On May 28, the Healing Our Waters-Great Lakes Coalition released a report detailing the likely impacts of global warming on the Great Lakes region.  Great Lakes Restoration & the Threat of Global Warming predicts lower lake levels, decreased water quality, loss of native species, and increased pressure to divert Great Lakes water.  The report provides recommendations for curbing global warming and restoring the Great Lakes ecosystem to preserve its adaptive capacity.  “We have solutions to confront global warming and protect the Great Lakes,” said Jeff Skelding, national campaign director for the Healing Our Waters-Great Lakes Coalition.  “It is paramount that Congress act now, because the longer we wait, the problems will get worse and the solutions more costly.”  The Healing Our Waters-Great Lakes Coalition consists of more than 100 zoos; aquariums; museums; and hunting, fishing, and environmental organizations.  The report is available at www.healthylakes.org.

Beach Water Quality Improving, According to EPA
EPA released the 2007 Swimming Season Update this week, which shows state and territorial beach water quality managers are improving monitoring and prevention.  According to EPA, beaches were open for use 95 percent of beach days in 2007 (beach days are those counted during the beach season for a given area).  During the 2007 swimming season, some beaches were restricted because of contamination-related closings, but most beaches that did have closings were closed for less than two days. 

Coastal and Great Lakes states and territories report beach monitoring and notification data to EPA on their coastal recreation waters.  EPA maintains an electronic monitoring and notification database, and provides states and territories with BEACH Act grants for monitoring and reporting their beach information. The BEACH Grant program has made available $71 million to 35 coastal and Great Lakes states and territories since the passage of the BEACH Act in 2000.  The information submitted by coastal states and territories to EPA regarding beach closings and advisories is reflected in the annual Swimming Season Update.  Additional information about the EPA beaches program is at www.epa.gov/beaches/. 

USGS to Host Congressional Briefing on Climate Change Impacts on the Colorado River
On Friday, June 6, the U.S. Geological Survey (USGS) will host a congressional briefing on how science can be used to anticipate and address the impacts of climate change on the Colorado River.  Scientific research indicates that warmer temperatures may create substantial water supply shortages in the Colorado River.  This would greatly impact the more than 25 million people who rely on this source for water and power.  According to USGS, science-based tools and information are needed to adapt to changing climate conditions in this region of growing population and limited water resources.  Speakers will include: Terrance Fulp, Deputy Regional Director of the Bureau of Reclamation’s Lower Colorado Region; Eric Kuhn, General Manager of the Colorado River Water Conservation District; and USGS Scientist Gregory McCabe.  For more information visit: www.usgs.gov/solutions/climate_change/06june08.html. 

EPA Creates Council to Protect Large Aquatic Ecosystems
EPA announced on May 27 that it has established a national Council of Large Aquatic Ecosystems. The council, made up of the director of each of 10 existing large aquatic ecosystem programs and other senior managers, will work to support implementation of these ecosystem programs, facilitate communication among them, and improve links to core programs, budget and strategic planning processes, and research planning. The aquatic ecosystem programs included on the council are the Chesapeake Bay, Great Lakes, Gulf of Mexico, Long Island Sound, South Florida, Lake Champlain, Puget Sound, Columbia River, San Francisco Bay, and Pacific Islands. More information is available at www.epa.gov/owow/pdf/large_aquatic_ecosystems_memo.pdf.

EPA Issues Specification for WaterSense Homes
On May 22, EPA's WaterSense program released a draft specification for water-efficient single-family new home certification.   According to EPA, the specification is designed to ensure not only sustainable, efficient water use but also a high level of user performance satisfaction.  "The WaterSense New Homes specification is family friendly and climate-ready," said Assistant Administrator for Water Ben Grumbles. "Homeowners will save water, money, and energy and communities will have an important new tool for sustainable growth and water efficiency."  EPA will accept comments on the draft specification through July 21, 2008.  For more information, visit www.epa.gov/watersense/specs/homes.htm.

Quote of the Week
Have courage for the great sorrows of life and patience for the small ones; and when you have laboriously accomplished your daily task, go to sleep in peace. 
~Victor Hugo

To receive This Week in Washington via e-mail, contact Martha Ravenhill at mravenhill@wef.org.