This edition of the National Association of Clean Water Agencies’ (NACWA) Legislative Update, current through October 16, 2008, provides information on the activities of the 110th Congress of interest to the nation’s publicly owned treatment works (POTWs).  For more detailed information regarding NACWA activities related to specific legislation, please click on the web links in selected news items or contact Susie Bruninga at This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it (202/833-3280) or Byron DeLuke at This e-mail address is being protected from spambots. You need JavaScript enabled to view it (202/833-4655).

NACWA’s Bill Tracker provides a direct link to congressional websites where bill texts and summaries are posted.  You can find NACWA letters, statements, alerts, updates and related documents under Legislative in the Member Pipeline section of the NACWA website.

Top Stories

SRF Reauthorization, Overflow Notification Bills Pass Senate Environment Committee

The Senate Environment and Public Works (EPW) Committee approved bills Sept. 17 establishing a sewer overflow notification program and reauthorizing the Clean Water State Revolving Fund (CWSRF) and Drinking Water SRF.  Both bills were reported out of committee by voice vote.  The Sewage Overflow Community Right-to-Know Act (S. 2080), introduced by Sen. Frank Lautenberg (D-N.J.), chair of the Subcommittee on Transportation Safety, Infrastructure Security, and Water Quality, would establish a national program for monitoring, reporting, and notification of sewer overflows.  The Water Infrastructure Financing Act (S. 3500) would provide $38.5 billion over five years for both SRFs.

Sewage Overflow Community Right-to-Know Act (S. 2080)
The version of S. 2080 approved by EPW is based on legislation, H.R. 2452, passed by the full House on June 23.  The House bill largely reflected an agreement NACWA negotiated over several months with American Rivers and key staff from the T&I Committee and Rep. Timothy Bishop’s (D-N.Y.) office. A detailed description of these negotiations can be found in NACWA’s Legislative Alert 08-2.  However, NACWA’s Board of Directors raised concerns with the final version of the House bill, most notably with its definition of sanitary sewer overflows (SSOs) that would amend the Clean Water Act and potentially lead to new liability concerns.  To address this, NACWA sent a letter in July to the Senate EPW Committee seeking a change to this provision and had several key conversations with EPW and T&I staff.  As a result of NACWA’s advocacy, the Senate substitute amendment limits the definition of SSOs to the monitoring, notification, and reporting provisions of the bill only.  Speaking on the legislation at the mark-up, Lautenberg pointed out that the bill contained a technical amendment that addresses liability concerns regarding accidental overflows.

Water Infrastructure Financing Act (S. 3500)
The EPW committee approved S. 3500 after amending it to include Davis-Bacon prevailing wage provisions.  NACWA and the Water Infrastructure Network (WIN) worked hard to get this legislation introduced in the Senate after it was passed by the House.  The Senate bill contains $20 billion in total funding for the CWSRF (fiscal years 2008-2012); $1.35 billion in grants for sewer overflow control projects; and $50 million in grants for critical watershed restoration projects.  The legislation would also clarify that green infrastructure projects qualify for SRF funding and create incentives for CWSRF applicants to incorporate green infrastructure techniques.  These changes were sought in a letter (PDF) NACWA sent Jan. 28 to the EPW Committee.

The reauthorization of the drinking water SRF is a separate title within the legislation.  The drinking water SRF received $15 billion over the same period with targeted grants for lead service line replacement in the District of Columbia, and for contaminant prevention, detection, and response efforts.  A stand-alone grant program would also be authorized to support research into, and development of, alternative technologies to improve both water quality and drinking water supply.  A second amendment reduced the cost of the entire bill by 2 percent, cutting overall funding to $38.5 billion.  President Bush promised to veto the SRF reauthorization bill when it passed the House saying it was too expensive.  The House passed it by a veto-proof majority, but the full Senate has not acted on it, and it seems unlikely that this legislation will become law in this Congress.  However, it is expected to be introduced in the 111th Congress.

Appropriations and Funding

Stimulus Bill With $6.5 Billion for Wastewater Infrastructure Passes House

As Congress wrapped up business in advance of the elections, NACWA was busy meeting with key congressional staff on a possible second economic stimulus package.  NACWA sent a memo on Sept. 4 to Rep. David Obey (D-Wis.), Chairman of the House Appropriations Committee, which stressed the importance of authorizing funding for wastewater infrastructure projects to create jobs, stimulate the economy, and benefit the environment.  The memo included a list of ready-to-go projects totaling close to $3 billion gleaned from an informal survey of NACWA members done this past year.  NACWA also met with congressional staff for several members of the House Appropriations Committee to ensure that, H.R. 7110, which passed on Sept. 26, included $6.5 billion for the clean water state revolving fund (CWSRF), a vast improvement over the $689 million allocation in FY 2008.  Specifically, the bill states the following:

CHAPTER 2--CLEAN WATER

ENVIRONMENTAL PROTECTION AGENCY
State and Tribal Assistance Grants

For an additional amount for `State and Tribal Assistance Grants', $7,500,000,000, to remain available until September 30, 2009, for capitalization grants for State revolving funds, which shall be used as follows:

(1) $6,500,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act, except that the funds shall not be subject to the state matching requirements in paragraphs (2) and (3) of section 602(b) of such Act.

(2) $1,000,000,000 shall be for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act, except that the funds shall not be subject to the state matching requirements of section 1452(e) of such Act:

Provided, That a State shall agree to enter into binding commitments with the funds appropriated under this heading no later than 120 days after the date on which the State receives the funds: Provided further, That, notwithstanding the limitation on amounts specified in section 518(c) of the Federal Water Pollution Control Act, up to a total of 1.5 percent of the funds made available under paragraph (1) of this heading may be reserved by the Administrator of the Environmental Protection Agency for grants under section 518(c) of such Act: Provided further, That section 1452(k) of the Safe Drinking Water Act shall not apply to amounts made available under this heading.

Work on the $60 billion bill stalled, however, after Senate Democrats failed to garner the 60 votes necessary to overcome a Republican filibuster.  The stimulus package was then put on the back-burner as Congress diverted its attention to the financial system rescue measure before heading home for the November elections.  Senate Majority Leader Harry Reid (D-Nev.) announced that the Senate will likely be back in session the week of Nov. 17 for a post-election or “lame duck” session and there is growing support for taking up the stimulus bill after the Nov. elections.  Despite these delays, NACWA urges its members to continue to stress the importance of infrastructure funding that will create jobs and stimulate the economy.   The Association sent a letter to Speaker of the House Nancy Pelosi (D-Calif.), Senate Majority Leader Harry Reid (D-Nev.), and to every member of Congress this week regarding the need to work with congressional leaders to ensure that any second stimulus package include significant grant funding for wastewater infrastructure.  The letter also points out that while H.R. 7110 constitutes a good start, it only provides grant funding of approximately $100 million, and at this point, grants are critical to a successful stimulus package.

NACWA Seeks House Introduction of Affordability/Financial Capability Legislation

NACWA continues to work with interested members of the House on bipartisan affordability/financial capability legislation for introduction in the 111th Congress.  NACWA and its Affordability Workgroup advocated successfully for the introduction of bipartisan legislation (S. 3443) in the Senate calling on EPA to update its 1997 Combined Sewer Overflows – Guidance for Financial Capability Assessment and Schedule Development, and have focused on getting the House to follow suit.  NACWA’s Affordability Workgroup worked closely with Ohio Senators George Voinovich (R) and Sherrod Brown (D) on S. 3443 to establish a realistic approach for defining a utility’s financial capability to address combined sewer overflows (CSOs) and sanitary sewer overflows (SSOs) through a more flexible, site-specific, and integrated approach.  This was first espoused by NACWA in its November 2007 NACWA Financial Capability Compilation (PDF).

Rep.  Robert E. Latta (R-Ohio) had indicated an interest in introducing identical legislation in the House in September, but has since changed his mind, saying he had some concerns with the bill’s grants provisions, which would provide $1.8 billion over five years to states for distressed communities with large investment needs.  There are other Representatives, however, who have expressed interest in introducing the bill, and NACWA will be laying the groundwork for the bill’s introduction into the House next year.  The Senate bill will help spotlight the need for EPA to revise its outdated affordability guidance and provide NACWA members with an additional tool while negotiating consent agreements for overflow control programs.  NACWA will also continue to work with members of the Senate to ensure a bipartisan re-introduction of this legislation in the 111th Congress.

Biosolids

Senate Briefing Canceled After Controversial Letter by Anti-Biosolids Advocates Surfaces

An oversight hearing by the Senate Environment and Public Works (EPW) Committee scheduled for Sept. 11 was abruptly canceled the night before the hearing after the committee learned that land application opponents were using the event to force a quick settlement in a lawsuit.  NACWA had been working closely with committee staff for several weeks to ensure a balanced panel that included the municipal perspective about the steps clean water agencies take to meet stringent Part 503 requirements for biosolids land application under the Clean Water Act.

The formal hearing in which former NACWA President Christopher Westhoff, an assistant city attorney and public works general counsel for Los Angeles, had been asked to testify evolved into a less formal “briefing” after concerns were raised that his testimony would focus too much on Los Angeles’ lawsuit with Kern County.  Westhoff, a recognized expert in the biosolids arena, planned to focus on how the City of Los Angeles and the State of California manage their biosolids and provide a national perspective on the proven safety of land application.  Instead, Leland Myers, the manager of the Central Davis Sewer District (CDSD) in Kaysville, Utah, a NACWA member agency, was selected to provide the municipal perspective at the hearing-turned-briefing.  In his planned testimony, Myers said land application was the most environmentally sound method for managing his district’s biosolids, and that the local citizens “line up” to buy the product for use on their lawns.  NACWA also submitted a prepared statement with Myers’ testimony emphasizing that the method used for managing biosolids — whether land application, incineration, landfilling, or other option — should be a local decision.

"First and foremost, it must be understood that the current management and disposal of biosolids throughout the United States is done within the parameters of a strict regulatory regime, established under the Clean Water Act, which has repeatedly been proven to be scientifically sound and environmentally safe," NACWA’s statement said.  "It is critical that municipalities continue to have the maximum flexibility envisioned by Congress in the Clean Water Act to decide the best method for managing biosolids."

Also scheduled to testify were opponents of land application, including a Georgia farmer who claimed that biosolids spread on his land in the 1970s killed his cattle.  The farmer has been involved in a lawsuit against researchers at the University of Georgia, whom he accused of falsifying data.   The committee learned of a letter from lawyers for the farmer that indicated the briefing was being used as a tool to coerce a rapid settlement in the lawsuit.  It is not clear whether the hearing will be rescheduled at this time.  A detailed explanation of the briefing and its cancellation appeared in the Sept. 12 Clean Water Current.

Green Infrastructure

NACWA Joins Coalition Requesting Congressional Hearing on Green Infrastructure

NACWA partnered with American Rivers and a coalition of environmental and conservation groups Sept.30 to deliver a letter to the House Transportation and Infrastructure (T&I) Committee requesting a hearing on the use of green infrastructure in roadway construction projects.  The letter was sent in advance of the committee’s plans to reauthorize the transportation bill next year and requested an examination of green solutions to reduce polluted stormwater runoff from highways, roads, and parking lots.  Other benefits of green infrastructure outlined in the letter are improved flood control, less air pollution, decreased surface temperatures, and more wildlife habitat.  The request was well-received by T&I committee staff, and NACWA looks forward to working with the committee and members of the coalition to ensure that green infrastructure and other methods to reduce water pollution are a key part of next year’s discussions on reauthorizing the transportation bill.

Meetings and Conferences

NACWA Plans Informative Hot Topics Breakfast at WEFTEC 2008 in Chicago

NACWA will hold its annual Hot Topics Breakfast on Tuesday, Oct. 21, during WEFTEC 2008 in Chicago.  NACWA members attending WEFTEC are encouraged to attend and listen to key EPA staff provide updates on critical water quality-related topics.  Ephraim King, director of EPA’s Office of Science and Technology, Craig Hooks, director of the EPA Office of Wetlands, Oceans, and Watersheds, and others have been invited to attend and will be joined by key members of their staff to discuss issues including nutrient controls, effluent guidelines, and whole effluent toxicity, just to name a few.  The breakfast is an informal session and will provide ample opportunity to discuss these issues with senior EPA officials.

Clean Water Advocacy Center to be a Presence on Critical Issues
NACWA has once again teamed up with the Water Environment Federation (WEF) and the American Public Works Association (APWA) to host the Clean Water Advocacy Center (CWAC) at WEFTEC ’08.  This is the second year that the CWAC (Booth # 34003) will be communicating – with your help – the importance of clean water and infrastructure funding to the candidates running for president and the Congress.  This year the CWAC will feature photo opportunities with both presidential candidates (of the cardboard cut-out variety) to attract visitors and encourage support for clean water as a central priority of any new administration.  Come sign on to a letter asking our new President to make support for clean water a priority in his new administration, and get your photo taken with the candidate of your choice.

Ken Kirk to Speak on Panel about Financial Crisis, Opportunities in Congress
In addition, NACWA Executive Director Ken Kirk will speak on a panel from 8:30 a.m – noon, Monday, Oct. 20, where he will be joined by Ben Grumbles, EPA assistant administrator for water; Dick Lanyon, general superintendent of the Metropolitan Water Reclamation District (MWRD) of Greater Chicago; and Sandi Allen, of the New York Department of Environmental Conservation, to discuss “Fees, Finance, and the Future: Water is Life and Infrastructure Makes it Happen.”  Ken will provide the municipal perspective in context of the current economic crisis and discuss opportunities in the upcoming Congress.  Closing out the panel discussion will be Chicago Mayor Richard Daley.

Water Quality

NACWA Testifies at House Subcommittee Hearing on Emerging Contaminants

The House Transportation and Infrastructure (T&I) Subcommittee on Water Resources and Environment held a hearing September 18 regarding emerging contaminants in U.S. waters.  Keith Linn, environmental specialist for the Northeast Ohio Regional Sewer District, testified on behalf of the Association and provided his utility’s perspective on this issue.  Specifically, Linn focused on the state of science on emerging contaminants, the major data gaps that still exist, and the increasing public and media attention this issue is receiving.  He stressed that sound science, not fear, be applied to this issue so that regulations and subsequent technology standards do not arise out of a public perception that a problem exists.

Linn also described what NACWA and its member agencies are doing to address the issue.  NACWA has led efforts to remove potentially harmful products that add little or no practical value, such as soaps and detergents containing triclosan, from the chain of commerce; participated in discussions with EPA on permethrin-impregnated clothing and copper and silver biocides; and established a partnership with the Product Stewardship Institute to develop a comprehensive approach for managing the disposal of unused pharmaceuticals and personal care products.  In addition, many NACWA members have established pharmaceutical take-back programs at the local level despite federal narcotics laws and guidelines that continue to advise that certain drugs be flushed into the sewer system.  The Association issued a press release echoing Linn’s comments.

NACWA will continue to work with congressional staff and EPA to ensure that emerging contaminants are addressed in a cooperative manner with the regulated community.  Witnesses’ testimonies from the hearing are available on the House T&I Committee’s website .