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.

Senate Fails to Approve Climate Change Legislation; Debate Shifts to House
Democratic leaders called for a cloture vote this week to end debate on the climate change bill (S. 3036) before the Senate and to proceed to vote on the final bill and amendments.  The cloture motion failed 48-36, effectively ending any consideration of climate change for the rest of the year.  Democratic leaders do not expect to bring the bill up again this year.

S. 3036 would have established a “cap-and-trade” system for major industrial emitters of carbon dioxide.  Funds from the purchase of emissions credits would go toward multiple projects, including taxpayer relief and adaptation programs to protect natural resources and help states adjust to the costs of climate change.

The bill’s sponsors realized that they didn’t have the votes to approve climate change legislation in this session but wanted to begin the debate in the full Senate to find out what issues most concerned members and to raise public support for legislation.  Senators who opposed the bill raised multiple concerns, including the potential costs throughout the economy and the bill’s lack of support for promoting nuclear power and for enhancing domestic fossil fuel supplies.

The House of Representatives may also take up climate change legislation this year.  On June 4, Rep. Edward Markey (D-MA), the Chairman of the House Select Committee on Energy Independence and Global Warming, a special committee set up by Speaker Pelosi to deal with climate change, introduced H.R. 6186, which would require the wastewater treatment sector along with animal feeding operations, landfills, and coal mines to meet “performance standards” to reduce emissions of greenhouse gases.  WEF will shortly provide a more detailed analysis of this bill.  John Dingell (D-MI), Chairman of the Committee on Energy and Commerce, plans to hold hearings on climate change legislation later this month.

House and Senate Pass FY09 Budget Resolution
This week, the House and Senate approved an FY09 budget resolution that will cap discretionary spending at $1.013 trillion; $21 billion more than President Bush requested. The House approved the measure with a vote of 214-210 on Thursday after the Senate approved the compromise measure 48-45 on Wednesday.  This is first time since 2000 that Congress has approved a spending plan in an election year.  A number of reserve funds have been included in the budget for energy and infrastructure spending; however, this funding must be offset if enacted.  After the Senate vote, Senate Budget Chairman Kent Conrad (D-ND) said, “We have passed a fiscally responsible budget today….This plan provides tax relief for the middle class. It makes critical investments in energy, education and infrastructure. And it returns the budget to surplus in 2012 and 2013. Passing this budget represents a major accomplishment."

WEF Files Brief in California Biosolids Litigation
On June 2, WEF filed an amicus curiae (friend of the court) brief in the Kern County, California biosolids litigation that has attracted national attention (City of Los Angeles et al v. Kern County, 509 F. Supp. 2d 865 (C.D. Cal. 2007).  The brief was filed with the U.S. Court of Appeals for the Ninth Circuit and supports the position of three southern California public agencies that operate land application programs in Kern County and that are asking the Appeals Court to maintain a district court Judge’s ruling that allows these programs to continue.  The outcome of the Kern County case has the potential to have a significant impact on biosolids programs in every state, not just the Ninth Circuit, because this will be the first appellate decision on whether biosolids bans are legal under the federal Constitution.

The WEF brief documents the scientific, technical, and regulatory foundation for the safety of land application.  WEF has a long-standing position in support of biosolids recycling, including support for land application as one of several management options available to public agencies under the EPA Part 503 regulation. WEF’s Position Statement, Guidance for Regulatory Officials on Biosolids Recycling, adopted in 1996, supports beneficial use programs and state primacy in permitting local biosolids programs based on EPA or more stringent state standards.

The amicus brief and background information are available here. 

EPA Finalizes Rule on Alternative Test Procedures under Safe Drinking Water Act
EPA announced in the June 3 Federal Register a final rule for alternative testing methods for use in measuring the levels of contaminants in drinking water and determining compliance with national primary drinking water regulations.  The Safe Drinking Water Act (SDWA) authorizes EPA to approve the use of alternative testing methods, and the agency is using this streamlined authority to make 99 additional methods available for analyzing drinking water samples required by regulation.  The Federal Register notice and additional information are available at www.epa.gov/safewater/methods/analyticalmethods_expedited.html.

EPA Announces Total Coliform Rule Distribution System Advisory Committee Public Meeting
EPA announced in the June 4 Federal Register that it will hold a meeting of the Total Coliform Rule Distribution System Advisory Committee (TCRDSAC). The purpose of this meeting is to discuss the Total Coliform Rule (TCR) revision and information about distribution systems issues that may impact water quality.  The public meeting will be held on June 18 and 19 in Washington, DC.  Attendees can register for the meeting by calling Kate Zimmer at (202) 965-6387 or by e-mail to kzimmer@resolv.org no later than June 13.

Quote of the Week

The imperfections of a man, his frailties, his faults, are just as important as his virtues.  You can't separate them.  They're wedded. 

- Henry Miller