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HQ Memo to Regions Supports Integrated Planning to Achieve Clean Water Goals

An October 27 Memorandum from Cynthia Giles, Assistant EPA Administrator for Enforcement and Compliance Assurance, and Nancy Stoner, Acting Assistant Administrator for Water, proclaims the support of EPA senior management for an integrated approach municipal stormwater and wastewater management.

Significantly, the memorandum acknowledges that many states and local governments are facing financial difficulties due to the recession and that these circumstances should be considered in determining how to make the most cost-effective investments.  It also states that integrated planning does not imply that water quality standards or regulations will be lowered.  Rather, integrated planning will “help municipalities responsibly meet their CWA obligations by maximizing their infrastructure improvement dollars though the appropriate sequencing of work.”  Further, “integrated planning can lead to the identification of sustainable and comprehensive solutions, such as green infrastructure, that improve water quality” while also providing other community benefits.

EPA Deputy Administrator Bob Perciasepe, Region III Administrator Shawn Garvin, Giles and Stoner, met with members of the US Conference of Mayors Urban Water Council and key outside experts, including WEF, on October 28 to discuss the memorandum and plans for moving forward.   A senior Agency official told the group that “there is no more important relationship” for EPA than that with municipalities, and that the Agency is committed to “finding a more effective way to achieve (CWA) goals.” 

The October 28 session capped off a series of meetings over the past 24 months where the Mayors group made the case to EPA for increased flexibility and ability to set priorities as part of CSO/SSO enforcement efforts.  This included a January 2010 meeting with EPA Administrator Lisa Jackson and a December 2010 meeting with technical staff from EPA and municipalities. 

To implement this new policy direction, EPA will develop of a new framework that identifies the essential components of an integrated plan, describes a process for identifying communities that might benefit from an integrated approach, and spells out how integrated plans can be implemented within the existing CWA enforcement and permit regime.  Once the framework is in draft form, EPA plans to hold meetings with states and local governments, utilities and environmental groups to obtain their feedback. EPA also hopes to identify cities with integrated plans that can serve as models for others.

Although reaction to the new EPA directive was generally positive, some participants in the October 28 meeting expressed concern that cities are seeking more than extended compliance schedules or “sequencing” of multiple requirements.  They believe cities should be given the opportunity to make the case for choosing to make some investments, and not make others, if water quality and economic circumstances dictate.  In response, EPA said that they believe there is sufficient flexibility in existing regulations to allow for consideration of financial capability issues.  Enforcement officials also signaled their intention to have the new framework apply to settled enforcement actions as well as current or future actions.  This means cities could ask to have their Consent Decrees reopened if they think they have a better plan to propose.

EPA says it will post additional information on this effort, as it becomes available, at this link

 

January 18, 2013

House Passes Sandy Aid Bill and Senate Likely to Approve Next Week  [-]

On Jan. 15, the House passes an Emergency Supplemental Aid Bill to help states affected by Superstorm Sandy.  The $50.5 billion package for disaster relief will provide new aid heading to communities hit by the storm.  In late 2012, the Senate passed a similar package for $60.4 billion, which later expired at the end of the 112th Congress. That bill is largely reflected in both the package passed in House on Jan.15 and in the $9.7 billion measure expanding borrowing authority for the National Flood Insurance Program (HR 41) that was cleared on Jan. 4 by the House and has been signed into law by the President. The two House-passed bills combined are equal to the $60.4 billion requested by the President.

Due to resistance from fiscally conservative Republican members of the House, the initial aid package offered in the House was for $17 billion, and the chairman of the House Appropriations Committee, Rep. Hal Rogers (R-KY) pledged to provide additional funding through the regular annual appropriations bills.  However, Speaker John Boehner (R-OH) also took steps to allow the House to vote Jan. 15 on a $33.67 billion amendment by House Appropriations Energy and Water Subcommittee Chairman Rodney Frelinghuysen (R-NJ) that provided many of the other funds requested by Obama and backed by the Senate. Ultimately, the amendment offered passed and was incorporated into Rogers's bill.  But the amendment and the overall bill only managed to clear the House with heavy Democratic support.  Minus that, there was not enough Republican support to pass either one. On final passage, the tally was 241-180, with 192 Democrats and only 49 Republicans voting in favor. Voting against the measure were 179 Republicans and 1 Democrat.

The Frelinghuysen amendment contains line-item funding to aid water and wastewater facilities recover and design for possible future natural disasters.  In areas impacted by the storm in EPA Region 2 there is $500 million in capitalization grants through the Clean Water State Revolving Funds for wastewater  facilities and $100 million for capitalization grants through the Safe Drinking Water Act.  The aid package will require states that use the funding to use not less than 20 percent but not more than 30 percent of the amount of its capitalization grants to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans or grants or any combination of these.  Rep. Bill Pascrell (D-NJ) attempted to offer an amendment to lift the 30 percent cap, but the House Rules Committee restricted the total number of amendments offered to the bill to three.  The aid package requires that funding be used for “projects whose purpose is to reduce flood damage risk and vulnerability or to enhance resiliency to rapid hydrologic change or a natural disaster at treatment works” in EPA Region 2.

The Senate is expected to consider the House aid package next week and comments out of Senate Democratic leaders suggest that the package will be cleared fairly quickly because the bill is relatively similar to the package previously passed by the Senate.  “It's great news for families, communities, and small businesses in our region that the House—after weeks of delay—finally passed an emergency relief bill for Superstorm Sandy,” said Sens. Frank Lautenberg (D-NJ), Charles Schumer (D-NY), Bob Menendez (D-NJ), and Kirsten Gillibrand (D-NY). “Our region extends a helping hand any time another community suffers from a major disaster, and we're pleased that the House voted to provide this emergency relief for New Jersey and New York.”

In a separate statement, Schumer, the No. 3 Democrat in the Senate, said the House bill is “close enough” to what officials from the region need. He said he will urge his colleagues to pass it quickly.

 

EPA Releases Financial Capability Framework for Municipal Clean Water Act Requirements  [+]
ASCE Releases Final Report in Failure to Act Series, Detailing Comprehensive Impacts of Failing to Invest in America’s Infrastructure  [+]
Integrated Planning Workshops Scheduled  [+]
Secretary Salazar, USGS Director McNutt Both Leaving Interior  [+]
Agriculture Secretary Vilsack to Continue Service in Obama Administration  [+]
EPA’s 2011 Toxics Release Inventory Shows Air Pollutants Continue to Decline  [+]
EPA January 30 Webinar on New Recreational Criteria  [+]
Register for WEF-AWWA Fly-In, April 17-18  [+]