Clean Water Current Archive

April 18, 2008

Clean Water Issues Get Significant Attention in Hearings This Week on Capitol Hill

Clean water issues took center stage on Capitol Hill this week as both the House Transportation and Infrastructure (T&I) and Senate Environment and Public Works (EPW) Committees held hearings on issues of importance to NACWA members.  At a Senate EPW committee hearing Tuesday, Sen. Barbara Boxer (D-Calif.), chair of the committee, harshly criticized EPA for failing to identify and address the presence of pharmaceuticals in drinking water as required by the Safe Drinking Water Act.  The 1996 law requires EPA to develop a program for chemicals that can harm the natural balance of hormones in the human body.  Several witnesses cautioned against spending large sums of money to regulate pharmaceuticals before the health risks are better understood.  However, Benjamin Grumbles, EPA assistant administrator for water, agreed that “utilities should test their waters for pharmaceuticals if they have the financial and technical resources.”  NACWA will work with the committee to ensure they understand the high cost of such testing given the uncertain risk associated with these compounds.  Soon after the AP reports came out March 9 and 10, NACWA released a Special Edition Clean Water Current providing members with tips on how to respond.

NACWA Pushes for Waste Treatment Exemption in Clean Water Act Jurisdiction Bills
Meanwhile, the House and Senate have both been examining the Clean Water Restoration Act of 2007 (H.R.  2421, S. 2080), legislation to codify the definition of “waters of the United States” currently found in EPA and Corps of Engineers regulations.  Supporters of the bill said recent Supreme Court rulings created uncertainty about the jurisdictional reach of the Clean Water Act.  The Senate EPW Committee held its first hearing on the legislation April 9 to gather information from stakeholders about the potential effects of the bill.

Attention shifted to the House side this week when the T&I Committee held a marathon hearing on the bill April 16.  Rep. Oberstar (D-Minn.), chair of the committee and the bill’s sponsor, seemed to indicate his willingness to work with those who have concerns with the legislation, saying that that H.R. 2421 is “not an inflexible document.”  Although NACWA did not testify at either hearing, the Association has been working hard behind the scenes to ensure the concerns of its members are addressed.   The Association was successful in negotiating an agreement with the committee to ensure that a waste treatment exemption found in the regulations is also included in the House bill.  NACWA also has been working to have that exemption included in the Senate version as well.  In addition, House T&I Committee staff have said they would clarify, either in the bill itself or in accompanying report language, that the bill does cover groundwater.  NACWA will continue to work with the House and Senate committees to ensure its member concerns are addressed as the bill moves forward.

NACWA Coordinating Municipal Effort on Upcoming Senate Biosolids Hearing

NACWA organized a call this week with the Water Environment Federation (WEF), the National League of Cities (NLC), the California Association of Sanitation Agencies (CASA), and other municipal stakeholders to develop a strategy for ensuring a rational discussion and balanced roster of witnesses for an upcoming hearing on biosolids before the Senate EPW Committee.  Sen. Barbara Boxer (D-Calif), chair of the committee, announced that she would look into the practice of land applying biosolids and has requested significant amounts of information from EPA.

This hearing will provide critical insight into Boxer’s motivations and be the determining factor in whether biosolids land application could be facing more concerted opposition in the future.  NACWA reported last fall that Senator Boxer had written a letter to EPA Administrator Stephen Johnson asking the agency to provide her office with a detailed account of all the actions it had taken in the biosolids area for the past five years.  EPA responded with a comprehensive list of the activities in which it is involved through its biosolids program, which is regulated under the Clean Water Act.  At that time, NACWA also contacted Boxer to offer technical information and expertise regarding the management of biosolids.

It appears that the upcoming hearing, which could take place as early as mid-May, is a continuation of this investigation by Boxer’s office.  NACWA is concerned that biosolids opposition groups, armed with the recent press coverage, may have a more receptive audience this year and going into the 111th Congress and a new administration.  NACWA also understands that the Center for Food Safety Coalition, which unsuccessfully petitioned EPA to ban the land application of biosolids in 2003, is encouraging Boxer’s investigation.

NACWA will send a letter to Boxer and other committee members — with input from the fellow organizations on the conference call — underscoring the safety of land application as an environmentally beneficial way of managing biosolids and highlighting the importance of having a municipal wastewater treatment perspective for the hearing.   NACWA will be working with its members in California and other key states to secure similar letters from utilities and key elected officials to Boxer and other key members of the EPW Committee.

Recent national coverage by the Associated Press will no doubt be a key discussion topic for the hearing.  NACWA sent its members a Regulatory Alert (RA 08-3) Thursday providing additional details on the most recent story regarding a study in Baltimore where biosolids were used to remediate lead in residential soils.  Most of the sensational claims and statements in the article have already been shown to be untrue by those closely involved with the study, as outlined in NACWA’s alert, but the article, together with an earlier story on a case in Georgia, is nevertheless garnering significant attention at the national level.

OMB Approves Proposed Water Transfer Rule; Could be Released in May

NACWA learned this week that the Office of Management and Budget (OMB) recently approved EPA’s proposed water transfer rule, clearing the way for it to be officially released by the Agency sometime in May.  The long-awaited rule would clarify that interbasin transfers of natural, untreated water do not require a National Pollutant Discharge Elimination System (NPDES) permit.  NACWA commented on the draft version of the rule when it was released in June 2006, expressing support for EPA’s decision to exempt these kinds of transfers from permitting requirements, and has met with officials at EPA, OMB, and other government agencies over the past months to push for final approval of the rule.  NACWA has also advocated against permits for interbasin water transfers in a number of recent litigation matters including South Florida Water Management District v. Miccosukee Indian Tribe before the U.S. Supreme Court and Friends of the Everglades v. South Florida Water Management District, currently before the Eleventh Circuit Court of Appeals.  NACWA will continue to monitor developments regarding this issue and alert the membership when the final rule is released.

NACWA Sends Letter Indicating Support for Revised Sewer Overflow Notification Bill

After months of negotiations and the hard work of several board members, NACWA sent a letter to the House Transportation and Infrastructure (T&I) Committee April 16 expressing its support for legislation setting national standards for monitoring and reporting sewer overflows.  NACWA worked with American Rivers, the main supporter of the bill, and committee staff to rework language in the Raw Sewage Community Right-to-Know Act (H.R. 2452) to address the concerns of its member utilities.  Among other things, the title will be changed  to the less inflammatory Sewage Overflow Community Right-to-Know Act.   NACWA did not get everything it sought in the negotiations with American Rivers, but sent the revised language to its Board of Directors and received approval earlier this month to back the bill.  While the bill is not expected to go anywhere this year, NACWA expects that it could be a priority item in the next Congress.

Beach Protection Act Approved by House

The U.S. House of Representatives overwhelmingly passed the Beach Protection Act of 2007 (H.R. 2537) in a bipartisan voice vote April 16.  Introduced by Reps. Frank Pallone (D-N.J.) and Tim Bishop (D-N.Y.), the legislation would reauthorize the Beaches Environmental Assessment and Coastal Health (BEACH) Act of 2000 for fiscal years (FY) 2008-2012 and provide $40 million annually in grants to states for monitoring and pollution tracking.  In addition, states could be required to use the money to develop and implement rapid testing methods for contamination.  This funding is an increase from the annual $30 million authorized in the 2000 law.  The bill also requires rapid testing and public notification standards at the nation’s beaches and could influence some of the issues being litigated in the related NRDC v. EPA case, in which NACWA is an intervener.  Similar legislation (S. 1506) was introduced in the Senate by Sen. Frank R. Lautenberg (D-NJ) but no hearings have been scheduled.

Please Submit Your 2008 Financial Survey Soon

NACWA requests that you submit your agency’s 2008 Financial Survey by next Friday, April 25.  Additional information on the Survey is available online.  Please contact Chris Hornback 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 if you need a copy of your agency’s customized survey form or would like to discuss your agency’s survey response.

Still Time to Register for NACWA/WEF 2008 Clean Water Policy Forum

There is still time to register for the 2008 National Clean Water Policy Forum, sponsored by NACWA and the Water Environment Federation (WEF) May 4-6.  With the presidential and congressional elections coming up and the gamut of legislative and regulatory issues already on tap, what better time to get together with your colleagues in the nation’s capital to discuss their impacts on the clean water community.  The Policy Forum will feature members of Congress, top EPA officials, and representatives from other stakeholder groups all discussing their perspectives on these important issues.  The deadline for being listed in the Participants List is today.

Although the deadline has passed to register at the Mayflower Renaissance Hotel at the conference rate, rooms may still be available.  Contact the hotel directly at (202) 347-3000.  Those needing assistance can also contact NACWA’s National Office.