» Clean Water Current Archive

July 31, 2009

NACWA Letter Requests Participation in EPA Enforcement Policy Review

NACWA sent a letter  July 29 to EPA Administrator Lisa Jackson requesting that public clean water utilities be allowed to participate in the development of a new action plan for increased transparency and effectiveness in Clean Water Act enforcement.  The letter was in response to Jackson’s July 2 memorandum, Improving Water Quality Transparency and Effective Enforcement of Clean Water Act Requirements, directing the EPA Office of Enforcement and Compliance Assurance (OECA) to develop an action plan to enhance both the effectiveness and the public transparency of state and federal enforcement actions under the Clean Water Act (CWA).  NACWA’s letter emphasizes the important partnership between EPA and the clean water community in achieving the Clean Water Act’s goals and requests that the agency acknowledge this partnership by including NACWA members in discussions regarding any new enforcement policy.  The letter points out that the July 2 memo specifically calls for state groups such as the Environmental Council of the States (ECOS) and the Association of State and Interstate Water Pollution Control Administrators (ASIWPCA) to participate in the development of the policy, but does not include consultation with any municipal groups, which would be directly affected by any resulting product.  NACWA requests that this oversight be rectified by directing OECA to include municipal clean water utilities in deliberations to develop an action plan.  The Association will report any new developments to the membership as they occur.

House Passes BEACH Act Bill That Reflects NACWA Recommendations

Legislation reauthorizing the Beaches Environmental Assessment and Costal Health Act (BEACH Act) was passed by the House July 29 on a voice vote and would require states to establish a monitoring and notification program for coastal recreational waters, including the Great Lakes.  Among the requirements is a six-hour rapid test method to detect pathogen levels.  NACWA effectively made the case that the rapid test method should be increased from two to six hours and that report language should be included to clarify that the testing requirements only apply to monitoring programs authorized under the BEACH Act and not to the general National Pollutant Discharge Elimination System (NPDES) permit program.  The Senate Environment and Public Works (EPW) Committee passed similar legislation in June with a four-hour rapid test method, but the full Senate has not yet voted on the bill.  NACWA will continue to work with congressional staff to ensure that the final bill includes the lengthier six-hour rapid test method and addresses other member concerns.
 

Other Key Bills to be Taken up After August Recess
Meanwhile, the House has wrapped up its work for the summer and will head into its August recess today.  The Senate will work for one more week on several clean water bills that may come up for consideration, but most likely will be put off until after the recess.  Topping the list is the reauthorization of the clean water state revolving fund (CWSRF).  Senate Majority Leader Harry Reid (D-Nev.) “hotlined” the bill, meaning he wants to get it up for a vote quickly and requested that those with objections raise them now.  The goal is to have the Water Infrastructure Financing Act (S. 1005) go up for a vote without amendments that would potentially derail its passage.  Because there is a “big four” agreement among the chairs and ranking members of the Senate Environment and Public Works (EPW) Committee and of the subcommittee to move a clean bill, any efforts to amend it would need to be approved by this bipartisan group of senators, which would likely sideline any controversial amendments on the floor.  The Senate also may consider its version of the BEACH Act bill, separate legislation on notification requirements for sewer overflows, and the Clean Water Restoration Act, which seeks to clarify the jurisdictional reach of the CWA.