Search Government Affairs!

Narrow your search by selecting one or more of the options below:
Keywords



To find WEFTEC materials please visit WEFTEC.ORG!

The U.S. Court of Appeals for the Seventh Circuit on August 24 granted EPA’s request for remand of a portion of a stormwater construction rule so the agency can determine whether it needs to revise the discharge limits for construction sites (Wisconsin Builders Ass'n v. EPA, 7th Cir., No. 09-4113, 8/24/10). The decision means the agency can re-examine the first enforceable numeric limit on the amount of pollutants in stormwater that may be discharged from certain construction and development sites. In its August 13 filing for remand of certain portions of the final rule, EPA indicated that it would re-examine the limit through a narrowly-tailored notice-and-comment rulemaking and, if necessary, revise that portion of the limit before proceeding with its defense of the rule - Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category, published in the December 1, 2009 Federal Register. The agency also asked the court to remand the administrative record for the rule so that EPA could better explain the rationale for its new standards. It asked that the court hold the case in abeyance for 18 months, until February 15, 2012, to allow time to fix the rule. According to EPA, the rule affects about 82,000 companies, including residential and commercial construction companies and civil engineering firms involved in highway, street, and bridge construction.

 

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  [+]