» Clean Water Current Archive

May 15, 2009

Senate Panel Approves $38.5 Billion SRF Bill That Reflects NACWA Recommendations

The Senate Environment and Public Works (EPW) Committee approved by voice vote yesterday legislation reauthorizing the Clean Water and Drinking Water State Revolving Funds (CWSRF and DWSRF). The Water Infrastructure Financing Act of 2009 (S. 1005) would provide $20 billion for the CWSRF and $15 billion for the DWSRF for fiscal years 2010 through 2014. The House already passed its version of the bill in March, called the Water Quality Investment Act of 2009 (H.R. 1262), reauthorizing the CWSRF at $13.8 billion over fiscal years 2010 through 2014. NACWA strongly supported both the House and Senate bills and is urging the Senate to move the bill quickly to the floor for passage.

The legislation included several key provisions for which NACWA successfully advocated. In particular, the adoption of an affordability amendment advanced by Sen. George Voinovich (R-Ohio) would require EPA to gather information and data for the purposes of revising its 1997 Combined Sewer Overflows – Guidance for Financial Capability Assessment and Schedule Development document. NACWA’s Ohio members were critical to the success of this effort. The bill also allows for up to 30 percent of the CWSRF dollars to be used as additional subsidization in the form of grants for principal forgiveness for disadvantaged communities or to promote the use of green infrastructure. Another $5 million would be authorized for a new EPA program to provide training and technical assistance to utilities on effective utility management in line with the joint EPA-water sector effort on Effective Utility Management. Finally, the bill authorizes $1.8 billion over fiscal years 2010 through 2014 for federal sewer overflow control grants.

The controversial “Buy American” provisions that were in the stimulus package were not included in the Senate bill. Several member agencies have expressed concern that these provisions could delay and increase cost and potential liability for wastewater infrastructure projects. The Senate committee also did not include the Community Sewer Overflow Right-to-Know Act, as the House did in its SRF reauthorization bill, though it is expected to be marked up by the committee next week as stand-alone legislation. For more information on these provisions, please see Legislative Alert 09-12.

Formula, Davis-Bacon Could Slow Progress on the Senate Floor
The SRF reauthorization bill now moves to the Senate floor where it may be held up by Davis-Bacon prevailing wage provisions and questions over the state allotment formula. Sens. Lamar Alexander (R-Tenn.) and John Barrasso (R-Wyo.) voted against the bill during markup because of these issues, and Sen. James Inhofe (R-Okla.) EPW ranking member, plans to lead an effort on the Senate floor to strip the Davis-Bacon provisions from the legislation.

The changes in S. 1005 to the allotment formula will likely be very contentious on the Senate floor and would also need to be resolved in conference as the House SRF reauthorization bill did not alter the existing formula. While it does not have a position on Davis-Bacon or the formula, NACWA has written several letters supporting S. 1005 overall and will continue to work with congressional staff and NACWA’s members to ensure its passage in the Senate.

NACWA Raises Concerns Over Emerging Contaminants Database

The planned public release of a new EPA database on the removal rates of certain emerging contaminants at wastewater treatment plants is raising serious concerns for NACWA’s Emerging Contaminants Workgroup. NACWA provided an initial list of the workgroup’s issues to EPA this week and plans to meet with agency staff later this month to ask for more details on how the data were selected and how the information will be properly annotated to indicate their limitations. NACWA strongly supports public access to this information but is concerned that EPA’s proposed method of providing that information to the public will result in erroneous and misleading conclusions.

The database would allow users to select a particular wastewater treatment process and receive an aggregate removal rate for each contaminant based on all the published literature in the database for that treatment process. This method of collecting data concerns the Workgroup because it oversimplifies the complex nature of analyzing for these contaminants in a wastewater matrix and could mislead users of the database. NACWA has raised issues with the current analytical methods available for evaluating these chemicals as many of them are still in the development phase and few, if any, of these methods have undergone rigorous inter-laboratory validation. NACWA emphasized that combining removal rates from different studies with potentially different analytical methods, sample type and frequency, and then presenting the result as an aggregated value would require extensive review to ensure the data were of sufficient and similar quality. NACWA understands that only limited review of the data was conducted.

NACWA believes a forum is needed for collecting and sharing this type of data to help improve current analytical methods and better evaluate the wastewater treatment plant process, but believes the proposed database is not an appropriate way to share this information. NACWA is requesting that, at a minimum, EPA provide an opportunity to review and comment on the criteria used to either include or exclude data and that if the database is posted online, EPA include detailed qualifying language as to the severe limitations of the system’s outputs.

NACWA Works to Include POTW-Generated Biomass in Renewable Electricity Standards

NACWA is working with Senate Energy and Natural Resources Committee staff to have language included in comprehensive energy legislation that would allow biomass generated by the municipal wastewater treatment process to be counted as a renewable energy source and part of a renewable electricity portfolio standard (REPS) program. Sen. Jeff Bingaman (D-N.M.), chair of the committee, is leading the effort to establish a renewable electricity portfolio standard by which a percentage of the nation’s electricity generation must come from renewable sources by specified deadlines. By qualifying as a renewable energy source, biomass generated from the municipal wastewater treatment process would have a ready market under the REPS and wastewater utilities would be at a competitive advantage in selling electricity generated from biomass at their facilities back to the grid. Bingaman hopes to complete work on comprehensive legislation by the Memorial Day recess and NACWA will update its members on progress as we move forward.

Registration Now Open
National Agenda on Water to be Focus of NACWA’s Summer Conference

Registration is now open for NACWA’s Summer Conference and 39th Annual Meeting, The New Regulatory Climate. . . Clean Water Agencies Prepare to Act at the InterContinental Milwaukee July 14-17. As the national regulatory focus begins to shift for clean water issues, utilities will show their environmental leadership on issues such as nutrients, watershed management, and emerging contaminants. These issues framed NACWA’s Critical Issues Action Initiative (CIAI), and in turn, will serve as the foundation for the Summer Conference. Summer Conference speakers and panels will explore possible regulatory changes, actions that utilities will need to take in response to these changes, and how utilities can prepare for new environmental roles and responsibilities. Online registration is now available and an agenda and additional information on our special events will be available early next week.