Clean Water Current Archive

March 14, 2008

Rep. Blumenauer Announces Plans to Introduce Trust Fund Bill in April

House Speaker Pelosi Discusses Need for New Infrastructure Investment Plan

NACWA participated in the third of a series of discussions March 13 hosted by Rep. Earl Blumenauer (D-Ore.) to map out a plan for addressing the infrastructure challenges facing the United States.  Blumenauer said he intends to introduce a water trust fund bill in April to invigorate the conversation about infrastructure and innovative ways to fund it.  House Speaker Nancy Pelosi (D-Calif.) also participated in this latest discussion, which was attended by a wide variety of infrastructure organizations, including key water sector groups.  Pelosi indicated the need to “galvanize the American people about the need for this [infrastructure investment].”  As the Government Accountability Office (GAO) begins the process of studying revenue sources for a clean water trust fund, some ideas being discussed by Blumenauer, Pelosi, and others include the concept of a capital budget, an infrastructure development bank, and innovative bond measures.  Pelosi said addressing the infrastructure crisis will involve a number of options, but ruled out “deficit spending”.   Blumenauer also released draft legislation establishing a U.S. Infrastructure Investment Commission, and summary of this draft legislation, that he said is designed to “get congressional buy-in to the infrastructure problem” and develop a comprehensive statement on infrastructure needs.  The Water Infrastructure Network (WIN) has shared its model trust fund legislation with Rep. Blumenauer to help guide the drafting process, and NACWA will also be providing input in the coming weeks.

In related news, NACWA and other key representatives of the nation’s infrastructure stakeholder groups, met with Gov. Ed Rendell (D) of Pennsylvania, who, along with New York City Mayor Michael Bloomberg (I) and Gov. Arnold Schwarzenegger (R) of California, is spearheading a new coalition called Building America’s Future.   The goal is to increase federal funding to rebuild America’s aging infrastructure, including the nation’s water and wastewater infrastructure.  Gov. Rendell asked for the ideas and support of the groups attending the meeting.  NACWA pointed out the importance of not letting the nation’s wastewater infrastructure needs get lost in the broader infrastructure dialogue and urged the coalition to support a clean water trust fund.  Gov. Rendell said that all revenue streams must be on the table and added that the clean water needs in his state are in the tens of billions of dollars.  Rendell’s coalition will be comprised of state and local officials — 13 governors have already signed on — with the short-term goal of working with the presidential candidates and platform committees of the national political parties to “ensure that the next president understands the enormity of the infrastructure crisis and is committed to increasing federal funding.”  NACWA will be working with the coalition staff and will provide members with updates on this valuable effort.

NACWA Helps Members Respond to AP Articles on Biosolids, Pharmaceuticals in Water

A series of articles from the Associated Press (AP) appeared in newspapers around the country this week that addressed two issues of significance to the clean water community.  The first article appeared March 7 and questioned whether the land application of biosolids is a safe practice and based claims to the contrary on an incident that took place more than 20 years ago.  Then a series of AP articles that received significant media attention appeared focusing on the detection of tiny traces of pharmaceuticals in the drinking water in approximately 28 large cities.  NACWA rapidly responded to these media stories with a Special Edition Clean Water Current that provided member agencies with information on how to address these important issues.  NACWA presented the legal background regarding a court decision in a case from Augusta, Ga., that was the basis for AP’s biosolids story.  In addition, NACWA provided links to important resources about biosolids and their strict regulation by EPA.  NACWA also detailed the significant work being done through its Emerging  Contaminants Workgroup in pushing for a national strategy that addresses the use and disposal of pharmaceuticals; increase public education about pharmaceutical disposal; and promote community take-back programs.  NACWA will continue to track these issues and will assist member agencies on strategies for working with local media on issues of importance to the clean water community.

In a matter related to the biosolids article, NACWA sent a letter to EPA March 11 encouraging the agency to work with the U.S. Department of Agriculture (USDA) in appealing the Augusta, Ga., case.  As NACWA pointed out in the legal background section of the Special Edition Clean Water Current, many factually incorrect assertions were made in the court case that served as the basis for the AP story.  NACWA said in the letter that an appeal, being considered by USDA, would help set the record straight by demonstrating the strength and effectiveness of the Clean Water Act’s Part 503 regulations that stringently regulate the management of biosolids.

If your agency has been dealing with the press on these issues, NACWA would appreciate your contacting Susie Bruninga 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 with this information.  The Association’s Communications and Public Relations Committee seeks to share successful media strategies among its members and your agency’s input could help other utilities.

Legal Issues Call Focuses on Recent CWA Ruling, Pending Climate Change Legislation

The NACWA Legal Affairs Committee held a Late Breaking Legal Issues conference call this week to discuss current legal developments affecting the clean water community, including a recent court decision on discharge permits to impaired waters and pending climate change legislation in Congress.  Brent Fewell, of NACWA legal affiliate Hunton & Williams, led off the call with a presentation on the recent decision from the Ninth Circuit Court of Appeals in Friends of Pinto Creek v EPA.  The court ruled against the use of an offset analysis in issuing new discharge permits to impaired waterways, a decision which conflicts with earlier rulings in Minnesota and Virginia.  In those cases, the courts said offset analyses could be used in permitting decisions.  The Ninth Circuit decision could significantly affect clean water utilities looking to obtain National Pollutant Discharge Elimination System (NPDES) permits for new or expanded discharges to impaired waters.  Participants on the call also discussed the potential impact of the court ruling on their local communities, including the possibility that activist groups might try to achieve similar legal decisions in other parts of the country.

Bill Anderson, of NACWA legal affiliate Williams Mullen, discussed pending federal legislation to address climate change, focusing specifically on the Lieberman-Warner Climate Security Act (S. 2191), which was reported out of the Senate Environment and Public Works Committee in December and is expected to go to the Senate floor in the coming months.  The discussion focused on the potential impacts of climate change legislation on publicly owned treatment works (POTWs), including possible financial opportunities for POTWs under a cap-and-trade approach as outlined in S. 2191.  Participants also discussed the need for clean water utilities to track regulatory developments related to climate change at the state and regional level.

Handouts from the March 12 call, along with information on future calls, can be found on the Legal section of the website’s Member Pipeline.  Suggestions for future call topics may be sent to Nathan Gardner-Andrews at ngardner-andrews@nacwa.org This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

NACWA Encourages Those Attending Policy Forum to Plan Hill Meetings, Visit EPA

Join your colleagues May 4-7, 2008 in Washington, D.C. for 2008 National Clean Water Policy Forum sponsored by NACWA and the Water Environment Federation (WEF).  Your visit to Washington would not be complete without taking advantage of the opportunity to visit the offices of your members of Congress or to schedule meetings with staff at the U.S. Environmental Protection Agency (EPA).  Meeting regularly with members from your district and their staff is critical to educating and building a positive and lasting relationship with your federal elected officials.  For your convenience, NACWA and WEF will provide briefing papers that reflect the clean water community’s national legislative and regulatory priorities, which we encourage you to share during your Hill or EPA visits.

Also, during the Policy Forum, NACWA and WEF will host a Capitol Hill Reception on Tuesday, May 6, from 6:00 - 7:30 pm in the House Transportation and Infrastructure Committee Room, (2167 Rayburn House Office Building).  Join us for an evening of networking in this high-profile venue and invite members from your congressional delegation or EPA officials with whom your Agency works.  You may download an invitation to the 2008 Capitol Hill Reception from NACWA’s website to send to your prospective guests.  For more information regarding the Capitol Hill Reception, please contact NACWA’s Manager of Legislative Affairs Byron DeLuke at bdeluke@nacwa.org This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or 202/833-4655.

The hotel deadline for the 2008 National Clean Water Policy Forum is approaching, so make your accommodations today by calling the Renaissance Mayflower at (202) 347-3000 to guarantee the special conference rate of $285 single/double by April 14.  For agenda and online registration information, visit NACWA’s homepage (www.nacwa.org) and click on the Register Now icon.