Clean Water Current - January 16, 2009

January 16, 2009

House Includes $6 Billion for Wastewater Infrastructure in Stimulus Proposal

The House Appropriations Committee yesterday released the draft American Recovery and Reinvestment Act of 2009 , legislation designed to create jobs and help the economy by providing funding for infrastructure projects and other things. The bill contains $6 billion for the Clean Water State Revolving Fund (CWSRF); $2 billion for the Drinking Water State Revolving Fund (DWSRF); and $3.8 billion for rural water and wastewater systems as part of the larger $63.5 billion in infrastructure spending. Half of the CWSRF funding will be made available to states in the form of grants or grant-equivalents, a portion of which is targeted for green infrastructure projects in line with NACWA’s recommendations. NACWA issued Legislative Alert 09-01 providing more details, including language from the draft bill, and a press release applauding the funding as a move in the right direction. “While NACWA has identified more than $17 billion in ready-to-go infrastructure projects, the $6 billion is an important step in re-establishing the critical federal, state, and local partnership needed to ensure we can continue to provide vital clean water services,” NACWA Executive Director Ken Kirk said in the release.

NACWA and its public agency members have been meeting regularly with congressional staff and sending letters to House and Senate leaders urging that a minimum of $10 billion be included for wastewater infrastructure. The CWSRF funding in the draft bill demonstrates that NACWA’s long-standing efforts to inform members of Congress about the growing water and wastewater funding gap, and the need for a federal recommitment to help municipalities address it, are yielding results.

Speaker of the House Nancy Pelosi (D-Calif.) has said she wants to wrap up work on this package prior to the Presidents Day recess the week of Feb.16. The release of the House draft bill is only the beginning of the vital process of getting stimulus legislation passed, and NACWA member agencies are strongly encouraged to talk to their members of Congress about their funding needs and the importance of ensuring the stimulus bill contains grants that can be quickly accessed to allow critical infrastructure projects to move forward.

Public Agency Members Urged to Make the Case for Grants
NACWA and its members will continue to advocate for ensuring that funding for wastewater infrastructure projects remain a significant part of the overall stimulus package as it progresses through the House and Senate. NACWA also continues to urge its member agencies to contact their congressional representatives about the importance of making these funds available in the form of grants.

NACWA Offers One-Stop Resource for Members Seeking Funding
NACWA will ensure that it’s members have up-to-date information and all the guidance available to take full advantage of available funding in the stimulus legislation—including not only CWSRF funds, but also those that may be available to agencies and municipalities through monies directed to the U.S. Army Corps of Engineers, the Bureau of Reclamation, the U.S. Department of Agriculture, and Community Development Block Grants. The Association plans a detailed analysis on the implementation of the stimulus package and how utilities will be able to access the funds for their projects. Also in development are one or more collaborative web seminars with state officials to provide public member agencies with information and allow them to ask questions on the implementation of the stimulus bill. Both the analysis and the web seminar (date TBD) are slated for soon after the stimulus bill becomes law. Additional information on these items will be made available in upcoming communications.

Cam Davis Rumored to Be Next Head of EPA Water Office; Other Officials Also Named

According to a memo circulating at EPA citing credible information from a former agency official, President-Elect Obama is close to naming his choices to lead the program offices at the agency. Cameron Davis, president of the Alliance for the Great Lakes, will likely be named assistant administrator (AA) for the EPA Office of Water. He has worked as a staff attorney for the Office of Regional Counsel at EPA’s Region V office in Chicago and served the United Nations Environment Programme in Nairobi, Kenya. NACWA has worked with him recently and met with him over the phone to discuss a number of issues related to the Obama transition.

Also expected to be named to various key EPA positions are Douglass Scott, director of the Illinois EPA and a former colleague of Obama from his days in the Illinois legislature, for the EPA Office of Air and Radiation; Grant Cope, who now works for Sen. Barbara Boxer (D-Calif.), chair of the Senate Environment & Public Works Committee, as AA for the Office of Solid Waste & Emergency Response; and Eric Schaefer, who runs the Environmental Integrity Project, to be the AA of in the Office of Enforcement & Compliance Assurance.

Scott has a long record in public service, including working as an attorney for the city of Chicago and serving as mayor of Rockford, Ill., for four years. He chairs the air committee for the Environmental Council of States (ECOS). Cope worked for the U.S. Public Interest Research Group before joining Boxer’s staff. Schaeffer resigned from EPA during the Bush administration over concerns he had that the agency was not doing enough to enforce environmental laws and regulations.

Those being considered for the deputy administrator position include former EPA General Counsel Gary
Guzy and Jonathan Cannon, who served as the agency’s chief financial officer and assistant administrator for the Office of Administration & Resources Management both during the Clinton administration.

NACWA is already working on its agenda for the upcoming National Clean Water Policy Forum in Washington, D.C., May 3-6, 2009. This meeting will provide a unique opportunity for NACWA members to meet many of these new clean water policymakers who will be leading EPA’s and Congress’ initiatives. The Association will be providing members with additional information on the Policy Forum as it becomes available.

NACWA Provides Expert Review of EPA Greenhouse Gas Inventory

NACWA submitted comments this week on EPA’s Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2007, Expert Review Draft (Draft Inventory) outlining how to more accurately estimate emissions of methane and nitrous oxide from publicly owned treatment works (POTWs). NACWA’s work on the Inventory is part of the Association’s Critical Issues Action Initiative. The wastewater treatment category of the Inventory consistently ranks as one of the top sources for nitrous oxide and methane emissions in the nation, although the emissions are much smaller in magnitude than for the highest ranked categories. It is important to note, however, that the wastewater category is broad, including municipal wastewater treatment, septic systems, and industrial wastewater treatment. NACWA’s review focused on the portion of the wastewater treatment emissions from municipal facilities, which are a fraction of the total wastewater treatment emissions.

EPA met with NACWA and considered the Association’s suggestions. NACWA’s comments said that “Although EPA’s general methodology has not changed in the current Draft Inventory, several values used in the calculations of nitrous oxide emissions have been adjusted, resulting in lower emissions estimates for POTWs. NACWA is pleased with these adjustments, and has recommendations for further adjustments that may eliminate over-estimation of nitrous oxide emissions.” The comments also provided more detailed information on how the nitrous oxide methodology could be further adjusted, including a literature review to support the Association’s position and detailed information on the emissions measurements performed at a NACWA member agency facility. NACWA will continue to work with EPA on this important issue as part of its strategy to address climate change and its potential impacts on the clean water community and will submit more comments in April on the public review draft of the Inventory.

Supreme Court Denies Review in Pinto Creek Appeal

The U.S. Supreme Court announced Jan. 12 that it would not review a controversial appeals court decision on National Pollutant Discharge Elimination System (NPDES) permits for new discharges to impaired waters. NACWA and the California Association of Sanitation Agencies (CASA) asked the high court in a July 2008 brief to review the ruling by the U.S. Court of Appeals for the Ninth Circuit in California in Carlota Copper v. Friends of Pinto Creek. The associations argued that the October 2007 decision should be overturned because it will place severe restrictions on when NPDES permits can be issued for new discharges to impaired waters, even when such discharges would be “offset” by actions intended to result in a net environmental gain or improved water quality for the waterbody. The ruling could have negative implications for wastewater treatment agencies in states within the Ninth Circuit’s jurisdiction, including a de facto prohibition on the construction of new treatment plants, unless very stringent standards are met. The brief pointed out that the Ninth Circuit decision conflicts with Cities of Annandale and Maple Lakes, a 2007 case from the Supreme Court of Minnesota upholding the use of an offset analysis when issuing permits for new dischargers. NACWA filed a brief in the 2007 Minnesota litigation supporting the use of such an analysis.

The NACWA/CASA brief in Pinto Creek, which was also joined by the California League of Cities, sought a Supreme Court review of the Ninth Circuit ruling because of the conflict with the Annandale case and stressed the importance of offset analyses as a tool for permitting authorities to use in improving overall water quality. Because the Supreme Court declined the case, the Ninth Circuit ruling stands but only applies to states within that court’s jurisdiction. NACWA is disappointed with the Supreme Court’s decision and will work to limit the impact of the Ninth Circuit ruling in other parts of the nation. Additional information on the case, including a copy of the NACWA brief, can be found in the Litigation Tracking section of the Member Pipeline on NACWA’s website.

NACWA PR Committee Eyes Opportunities for National Environmental Education Week

NACWA’s Communication and Public Relations Committee held a conference call this week to hear a presentation on the 2009 National Environmental Education Week, sponsored by the National Environmental Education Foundation. This week-long educational event with the theme “Be Water Wise” will be held April 12-18. Program coordinators provide educators with resources, including lesson plans and age-appropriate classroom activities that focus on water quality and conservation. Program suggestions include water quality testing, lab activities, providing study guides to accompany showings of Liquid Assets and planning trips to local wastewater treatment facilities. Communities interested in participating in the program and becoming partners are encouraged to visit the Foundation’s website at www.eeweek.org.

The committee also discussed efforts by member agencies to advocate for wastewater funding in the economic stimulus package through numerous calls to their congressional delegations and other activities. This advocacy has also been bolstered by efforts to get local public television stations to air Liquid Assets: The Story of Our Water Infrastructure. Several committee members indicated that activities surrounding the airing of this 90-minute documentary from Penn State University have been wildly popular and successful. NACWA provided financial backing for the production of the documentary and continues to promote efforts to get it distributed and broadcast as widely as possible.

Applications Are Now Available for NACWA’s 2008 Peak Performance Awards

Applications for the 2008 Peak Performance Awards are now available and NACWA member agencies are encouraged to submit their nominations as soon as possible. As announced in this week’s Member Update 09-01, the Peak Performance Awards program acknowledges member agency facilities for excellence in wastewater treatment as measured by their compliance with their National Pollutant Discharge Elimination System (NPDES) permit requirements. The deadline for submissions is April 10, 2009. More information on the Peak Performance Award program, including its standards and how to apply, can be found on the NACWA website at www.nacwa.org/peakperformance.