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EPA is soliciting comments on the memo released by EPA November 12, 2010 in response to stakeholder concern that input was not obtained prior to the release of the document.  The document was developed to provide an update to a 2002 memo that EPA issued on establishing TMDL waste-load allocations (WLAs) for stormwater sources and NPDES permit requirements based on those WLAs.  The 2002 memo generally preserved EPA's historic position that numeric water quality-based effluent limits for stormwater sources are neither necessary nor feasible.  The 2010 memo was issued to be a revision to the 2002 memo and discusses the use of numeric water quality-based effluent limits in stormwater permits, including surrogates such as stormwater flow volume or amount of impervious cover.  EPA also mentions that the possibility of states to disaggregate the WLAs assigned to stormwater sources in TMDLs.  Previously, EPA allowed states to provide gross or aggregate WLAs for all stormwater sources.  On another point, EPA discusses the option for states to more actively exercise their residual designation authority to regulate previously unregulated stormwater sources. 

 

The 2010 memo was released to the surprise to many in the water sector, as no public engagement was made prior to the document’s release.  Specific stakeholder concerns have focused on the application of numeric effluent limitations in stormwater permits.  While the EPA has claimed that the memo does not intend to result in a widespread use of this practice, some stakeholders are concerned that end-of-pipe  numeric effluent limitations will be placed on every outfall in a municipal separate sewer system. Comments will be accepted through May 16, 2011 and EPA plans to make a decision by August 15, 2011 to either retain the memorandum without change, to reissue it with revisions, or to withdraw it.  WEF will be developing and submitting comments through the Government Affairs  Committee Stormwater Workgroup.

 

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  [+]