» Update Archive

This edition of NACWA’s Legislative Update, current through the end of October 2011, provides information on the activities of the 112th Congress of interest to the nation’s public clean water agencies.  For more detailed information regarding NACWA activities, click on the web links in selected news items or visit NACWA’s website.  Please contact NACWA’s Pat Sinicropi at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or Hannah Mellman at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any questions or information on the Update topics.

ISSUE AREAS

Hot Topics

Senate Committee Releases FY 2012 Budget for EPA’s State Revolving Funds

The Senate Appropriations Committee released its Fiscal Year (FY) 2012 budget for the EPA’s State Revolving Fund programs.   In line with NACWA’s requests, the committee recommended solid funding numbers for the Clean Water State Revolving Fund (CWSRF) of approximately $1.5 billion as well as the Drinking Water State Revolving Fund (DWSRF) of approximately $963 million.

Earlier this year, the House Appropriations Committee released their budgets for the CWSRF and DWSRF at $689 million and $829 million respectively, marking a significant gap between the House and Senate figures.  It is unclear whether the Interior/EPA Appropriations bill will be voted on by either chamber or folded into a larger omnibus appropriations bill later in the year.  Either way it is clear that the funding numbers will fall somewhere between the House and Senate proposal and NACWA will work to maintain the highest possible level of federal funding.  The Association is also working to ensure an additional $10 billion for the CWSRF in any jobs package that advances.

There are several controversial policy riders on the House appropriations package that seek to limit EPA regulatory efforts.  Democratic leadership in Congress and the White House has vowed to fight these efforts but there has been no indication by either side as to a potential resolution of the rider issue and it will likely delay the final outcome of the FY12 spending measures.  The riders include prohibiting EPA from spending any money on implementing recent regulations under the Clean Air Act (unrelated to NACWA’s sewage sludge incineration efforts) and the Clean Water Act (CWA), including the total maximum daily load (TMDL) for nutrients in the Chesapeake Bay.

House Introduces Bipartisan Bill to Fund Clean Water as Senate Votes Down American Jobs Act

On October 11 the Senate voted down The American Jobs Act of 2011, President Obama’s jobs proposal that sought to create a national infrastructure bank for transportation, water/wastewater, and energy projects.  The move came as no surprise and Senate Democrats are now poised to push for votes on various pieces of the package that may have broader support.  NACWA continues to actively pursue the inclusion of a provision for $10 billion in direct funding for clean water infrastructure in such legislation (see October 7, 2011 Clean Water Current).

Despite this move by the Senate, NACWA was pleased that leaders of the House Transportation & Infrastructure Committee introduced the bipartisan Water Quality Protection & Job Creation Act of 2011 on the same day.  Cosponsored by Representatives Tim Bishop (D-N.Y.), Nick J. Rahall (D-W.V.), Tom Petri (R-Wis.), and Steven LaTourette (R-Ohio), this legislation would authorize approximately $15 billion over five years in investments for water infrastructure projects, establish a $10 billion annual, long-term trust fund, and authorize a total of $2.5 billion for sewer overflow control grants ($500,000 per year over five years).  The bill would also require the Congressional Budget Office (CBO) to issue a report on potential revenue sources to support the $10 billion annual trust fund.

NACWA sent a letter  to Congressman Tim Bishop (D-N.Y.) in support of this bill, which states that due to the pressure of funding shortfalls, aging infrastructure and increasingly stringent regulatory and enforcement regimes, this bill is important to public clean water agencies because it recognizes that new sources of revenue and a robust federal funding partnership are essential.  It also demonstrates the continued momentum toward the establishment of a Clean Water Trust Fund.

The Association looks forward to working with Representatives Bishop, Rahall, Petri, and LaTourette to develop broad-based support for this legislation.

Biosolids

Congressmen Send Letter to EPA Requesting Reconsideration of SSI Rule

Congressmen Steven LaTourette (R-Ohio) and Bill Pascrell (D-N.J.) sent a letter  to EPA Administrator Lisa Jackson, urging the Agency to reconsider the newly imposed Clean Air Act (CAA) maximum achievable control technology (MACT) standards for municipal sewage sludge incinerators (SSIs).  The letter states, “[f]or 46 years Congress has regulated the disposal of sewage sludge pursuant to Section 405 of the Clean Water Act (CWA).  By applying Section 129 standards for sewage sludge incineration emissions, EPA is not only ignoring its CWA statutory authority, but it is also exceeding specific authority in the CAA.  We therefore urge you to reconsider this action and continue to regulate POTWs’ sewage sludge incinerators in accordance with Section 405 of the CWA and pursuant to Section 112 of the CAA.”

This letter is yet another step in NACWA’s ongoing effort to have EPA reconsider the new regulations on SSIs.  NACWA is in the process of obtaining signatories for a Senate counterpart letter and hopes this Congressional support will help ensure that EPA decides to reconsider the rule while at the same time providing clear evidence of Congressional intent as the lawsuit advances.

 Climate Adaptation

Senator Cardin Introduces Legislation to Upgrade Water Infrastructure

Senator Ben Cardin (D-Md.) introduced the Water Infrastructure Resiliency & Sustainability Act of 2011, legislation to help communities fund needed system upgrades in order to adapt to changing hydrological conditions resulting from climate change.  The bill establishes a program through which wastewater and drinking water agencies are eligible for funding to undertake infrastructure projects to address challenges like drought, extreme wet weather and flooding, and rising sea levels—all of which will threaten water quality and quantity, as well as public health and the economy.  Senate Majority Leader Harry Reid (D-Nev.) and Barbara Boxer (D-Calif.), Chairman of the Senate Environment & Public Works Committee, have joined Senator Cardin in cosponsoring this bill.

This bill is the Senate counterpart to legislation by the same name introduced last August by Representative Lois Capps (D-Calif.), and is similar to a proposal incorporated in climate change legislation last Congress which NACWA helped to craft.  Though passage of any climate change legislation by this Congress is unlikely, this bill serves as an important marker for ensuring that the nexus between clean water management and climate change is clear.

Green Infrastructure/Stormwater Management

NACWA Holds Capitol Hill Briefing on Green Infrastructure

NACWA joined with a number of other organizations to hold a briefing October 25 on Capitol Hill regarding the important role green infrastructure can play in helping municipalities manage wet weather flows, improve water quality, and enhance community livability.  Kyle Dreyfuss-Wells, Manager of Watershed Programs at NACWA member agency the Northeast Ohio Regional Sewer District and Chair of NACWA’s Stormwater Management Committee, spoke about how green infrastructure can provide a valuable complement to gray infrastructure in addressing wet weather issues.  She highlighted some of Cleveland’s innovative green infrastructure projects that have helped to reduce runoff, flooding and erosion, as well as provide additional environmental and aesthetic benefits.  A copy of Dreyfuss-Wells’ presentation can be found here .  Other groups joining NACWA at the briefing were American Rivers, the Water Environment Federation, and the American Society of Landscape Architects.

Following the briefing, NACWA met with several Congressional offices, including leadership staff on the Senate Environment & Public Works Committee, to express support for the Green Infrastructure for Clean Water Act.  This legislation, introduced by Senator Tom Udall (D-N.M.) and Representative Donna Edwards (D-Md.), would provide federal grant money and technical assistance to help fund and implement green infrastructure projects.  Although this bill is unlikely to come up for a vote this year, NACWA stressed the importance of funding for green infrastructure as a way to encourage its use by communities in managing wet weather issues throughout the country.

Nutrient Issues/Farm Bill Reauthorization

NACWA Seeks Utility Endorsements for Farm Bill Recommendations

NACWA is asking its member utilities to sign on in support of policy recommendations  in the next Farm Bill that would reduce nutrient run-off from agricultural lands.  The recommendations were developed with input from NACWA’s Farm Bill workgroup and from members of the Healthy Waters Coalition, a group of municipal water, wastewater, public works, state regulators, agriculture and conservation organizations convened by NACWA to advocate for stronger agricultural policies to reduce nutrient run-off.  The recommendations represent a consensus on key policies that should be pursued if serious efforts are to be made to address excessive phosphorus and nitrogen levels in U.S. waterways.  The Coalition plans to roll out these recommendations for all Members of Congress early next year if and when Congress undertakes  work on drafting a Farm Bill.  There remains a possibility that the Farm Bill may be negotiated as part of the work the Super-Committee is undertaking in which case this will limit some of NACWA’s ability to seek these changes.

Nevertheless it is crucial that the stage be set for any eventual discussions so NACWA is urging your utility to sign on to these recommendations now to demonstrate that wastewater utilities from across the country are concerned about this issue and want Congressional action to address it.  The deadline to sign on to these recommendations is November 11, 2011. Please contact NACWA’s Thea Graybill, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it to endorse the policy recommendations.

Nutrient Issues Remain a Focus on Capitol Hill; DC Water, EPA Testify at Senate Hearing

NACWA Board member, George Hawkins, General Manager of DC Water, testified before the Senate Water & Wildlife Subcommittee on October 4.  The hearing explored nutrient pollution issues with a focus on viable approaches for controlling nutrient loadings into the nation's waterbodies.  Hawkins testified that DC Water is undertaking several water quality control projects, including a $900 million enhanced nutrient control project to reduce DC Water’s total nitrogen loading to the Chesapeake Bay from 5 million pounds annually to 4.4 million pounds, resulting in a two percent reduction in the total wastewater treatment contribution of nitrogen to the Bay.  Hawkins testified that these marginal improvements in nutrient load reductions require an enormous level of investment that could be better spent upstream on reducing nutrient loads from other pollutant sources, including agricultural run-off.

The panel, chaired by Senator Ben Cardin (D-Md.), heard from a number of witnesses, including EPA Acting Assistant Administrator for Water, Nancy Stoner.  Stoner was questioned about EPA’s efforts on numeric nutrient criteria and whether the Agency would allow States to use narrative criteria, as appropriate.  Stoner responded that EPA continues to work cooperatively with States and that the Agency was holding a workshop with the States to explore the issue further, including the possible use of biological indicators in a "weight of evidence" approach to nutrient criteria.  Stoner, however, did not directly answer the question of whether States would be allowed to use narrative, instead of numeric, criteria to address nutrients.  Other witnesses included representatives from the U.S. Department of Agriculture's Natural Resources Conservation Service, the U.S. Geological Survey, the State of Oklahoma Water Quality Control Agency, environmental organizations and farming interests.  The hearing webcast is archived on the Senate’s Environment & Public Works’ website.

Regulatory Prioritization/Affordability

Momentum Gathers on Money Matters™ Objectives with Administration, Congress

Building on the momentum generated through its recent high-level meetings with the EPA as part of the Association’s Money Matters™ campaign, NACWA staff and key member agency leaders met with senior EPA water and enforcement officials on the need for a new, more flexible approach to meeting the mandates of the Clean Water Act (CWA).  During the meeting, which took place October 3 in Milwaukee during the Clean Water America Alliance’s Urban Water Sustainability Leadership Conference, EPA committed to initiating a new effort to craft an integrated planning framework that would address many of the elements of NACWA’s Money Matters™ draft legislation.  EPA will now be looking to NACWA and its members for further technical input on the elements of an integrated planning approach and the types of flexibility clean water agencies will need to prioritize CWA requirements in order to ensure that limited resources can be spent on a prioritized basis — namely on those programs that will have the greatest benefit for their communities.  NACWA's Advocacy Alert 11-22 provides a summary of the meeting, as well as an outline of EPA’s activities to date and next steps.

Most importantly, EPA sent a memorandum  to its Regional Administrators and regional water and enforcement office directors outlining its plans to develop an integrated planning framework and marking its first effort in writing that details this initiative.  The framework is intended to help clean water agencies identify cost-effective and protective solutions to meet their CWA wastewater and stormwater obligations, and then prioritize their investments to address the most pressing water quality issues first.

Meanwhile, NACWA continues to maintain an aggressive effort on Capitol Hill to boost support for its legislation and to encourage Members of Congress to weigh in with EPA regarding the importance of advancing with this initiative in a timely manner.  Last Friday (September 30), Senator Sherrod Brown (D-Ohio) sent a letter  to EPA Administrator Lisa Jackson commending the Agency for its work with NACWA and other stakeholders on an integrated permitting system.  Senator Brown’s letter urged EPA to move quickly on the effort and to establish deadlines for EPA’s work.  In addition, NACWA sent a letter  of support to Senator Brown in support of his legislation, the Clean Water Affordability Act, which authorizes $250 million annually for five years in grant financing to help local communities address wet weather challenges, including projects to correct combined sewer overflows (CSOs), and requires EPA to revise its outdated guidance on financial capability for communities negotiating CSO consent decrees.  NACWA plans to maintain pressure on all fronts to provide the relief the clean water community needs.

RECENTLY INTRODUCED CONGRESSIONAL LEGISLATION

• Representative Marlin Stutzman (R- Ind.) introduced Rural Economic Farm and Ranch Sustainability and Hunger (REFRESH) Act of 2011 (H.R. 3111) on October 5, 2011 to reform and reauthorize agricultural programs, and for other purposes.  The legislation currently does not have any cosponsors.

• Senator Richard Lugar (R-Ind.) introduced the REFRESH Act of 2011 (S. 1658) on October 5, 2011 to reform and reauthorize agricultural programs, and for other purposes — companion legislation to H.R. 3111 (above bullet).  The legislation currently does not have any cosponsors.

• Senator Olympia Snowe (R-Maine) introduced Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of 2011 on October 13, 2011 to amend the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998, and for other purposes.  The legislation currently has six cosponsors.

CONGRESSIONAL HEARINGS

• The Senate Subcommittee on Water and Wildlife held a hearing on October 4, 2011 entitled, “Nutrient Pollution: An Overview of Nutrient Reduction Approaches”.  For more information on this hearing, go to the Committee’s website. This hearing is also discussed in the article — Nutrient Issues Remain a Focus on Capitol Hill; DC Water, EPA Testify at Senate Hearing — above.

• The U.S. House of Representatives’ Subcommittee on Oversight and Investigations held a hearing on October 12, 2011 on line-by-line review of EPA’s federal budget entitled, “Cutting EPA Spending”.  For more information on this hearing, go to the Committee’s website.

• The U.S. House of Representatives’ Transportation and Infrastructure Committee held a hearing on October 12, 2011 entitled “National Infrastructure Bank: More Bureaucracy & More Red Tape”. For more information on this hearing, go to the Committee’s website.

• The Senate Committee on Energy and Natural Resources held a hearing on October 20, 2011 to examine shale gas production and water resources in the Eastern United States.  For more information on this hearing, go to the Committee’s website.