» Clean Water Current Archive

March 6, 2009

House T&I Committee Approves $18.7 Billion SRF Reauthorization Bill

The House Transportation and Infrastructure (T&I) Committee approved by voice vote and reported out legislation to reauthorize the clean water state revolving fund (CWSRF) yesterday. The Water Quality Investment Act of 2009 (H.R. 1262) provides $13.8 billion over five years for the CWSRF and $1.8 billion in grants to municipalities to address combined sewer overflows (CSOs) and sanitary sewer overflows (SSOs). Another $250 million in grants is included for alternative water source projects, and $750 million is provided for the remediation of contaminated sediments under the Great Lakes Legacy Act. NACWA has been working closely with the T&I Committee staff and sent a letter March 4 to Chairman James Oberstar (D-Minn.) indicating support for the legislation.

The legislation also incorporates provisions from four bills that were approved by the House in the 110th Congress but never passed the Senate. These include requirements for monitoring and reporting of sewer overflows as specified in the Sewer Overflow Community Right-To-Know Act (H.R. 753). Significantly, the language adopted by the T&I Committee this week mirrors the version of the overflow bill approved by the Senate Environment & Public Works (EPW) Committee at the end of last term and incorporates changes recommended by NACWA. The Association is also supporting an ongoing effort by Rep. Donna Edwards (D-Md.) to include dedicated funding for water efficiency, energy efficiency and other green infrastructure projects in H.R. 1262 as it continues to move along the legislative process.

Though there is still uncertainty regarding the floor schedule for the House, Chairman Oberstar said he would like the full House to take up the measure before the Easter Recess. The Senate EPW Committee has not yet begun work on its version of the bill. NACWA will continue to work with both House and Senate Committees to ensure SRF legislation advances as a step toward a long-term, federal investment commitment via a clean water trust fund.

NACWA Comments Seek Better Coordination on Unused Pharmaceutical Management

NACWA called for more coordination at the federal level on a comprehensive strategy for managing unused pharmaceuticals in comments sent to EPA March 4. Responding to EPA's proposed addition of unused hazardous pharmaceuticals to its Universal Waste Rule, NACWA highlighted the many disparate activities currently underway at the federal level on the issue of unused pharmaceuticals. With two offices in EPA, the White House’s Office of National Drug Control Policy, and the Drug Enforcement Agency (DEA) all undertaking efforts to examine the management of unused pharmaceuticals, NACWA underscored the need for a coordinated national strategy. NACWA’s comments supported the universal waste designation of unused hazardous pharmaceuticals, but noted that it would only address a small subset of pharmaceuticals and would potentially cause more confusion among managers of pharmaceuticals unless more outreach is done. NACWA member agencies that manage pharmaceutical take-back programs most likely will not benefit from the universal waste designation because much of the material they collect is exempt as household hazardous waste. Most of the obstacles to municipal take-back programs arise from the handling of controlled substances. NACWA’s Emerging Contaminants Workgroup is developing comments on a separate proposal from the DEA dealing with the Controlled Substances Act and how it affects management of unused pharmaceuticals and is continuing its efforts to improve coordination among the federal agencies.

Oral Arguments Held in Biosolids Land Application Case

The U.S. Court of Appeals for the Ninth Circuit heard oral arguments March 2 in City of Los Angeles et al v Kern County, a significant lawsuit addressing the land application of biosoilds. The case involves a challenge by the City of Los Angeles, the Orange County Sanitation District, and the Los Angeles County Sanitation District, which are NACWA member agencies, to a ban on the land application of biosolids enacted by Kern County, Calif., in 2006. The agencies won their challenge at the District Court level, securing a permanent injunction against the ban based on violations of both federal and state law. Kern County then appealed to the Ninth Circuit, and NACWA filed a brief in June 2008 in support of the member agencies arguing that the injunction should be upheld. The brief reiterated NACWA’s long-standing position that individual municipalities should be able to choose the method of biosolids management that works best for their communities, including the option of land application. A three-judge panel of the Ninth Circuit heard the appeal this week and was active in its questioning. A decision is expected within the year. Additional information about the case can be found on NACWA’s website. NACWA will continue to monitor the litigation and report on any developments.

NACWA Signs onto Letter Urging Support for USGS Streamgaging Efforts

NACWA joined more than 50 other organizations in signing a letter this week urging Congress to support the U.S. Geological Survey’s (USGS) Cooperative Water Program (CWP) and National Streamflow Information Program (NSIP). The coalition letter states that these two programs “have proven to be a source for reliable, scientific information concerning America’s water resources.” This information is required by decisionmakers for a wide variety of planning, design, and management functions, but USGS programs have not received the necessary funding. The letter seeks $110 million annually for the NSIP and $95 million for the CWP. “Nationwide, our need for a well-informed understanding of streamflow, groundwater, tidal surge, precipitation, and other water resource attributes continues to increase every year in relation to our growing population, economic development, changing land uses, and ecological awareness,” the letter said.

Clean Water Policy Forum to Bring Utility Executives Together to Discuss Stimulus Issues

Join your colleagues in Washington, D.C., for the 2009 National Clean Water Policy Forum, where NACWA and the Water Environment Federation (WEF) will provide an exceptional opportunity to hear about the latest developments at the federal level in clean water policy and learn the perspectives and priorities of new leaders in the Administration, the 111th Congress, and the clean water community. This is the time to come to D.C. and address the concerns of your community and the nation regarding the future of clean water policy. Over the past few months the shifting political and economic landscape has already had lasting impacts on the clean water community. With President Obama’s recent signing of the American Recovery and Reinvestment Act (the stimulus package) putting billions of new dollars into the clean water and drinking water state revolving loan fund programs, the implementation of this funding and how the dollars will be disbursed will be a prominent focus at the Policy Forum. This is especially true at the Clean Water Utility Executives Summit, Monday, May 4, 1:30-4:00 pm. At this Executives Summit, utility leaders from around the country will gather in an open-forum, roundtable discussion which will explore issues related to the economic downturn, the opportunities and limitations of the recently passed stimulus package, and the direction this Administration and Congress must take to ensure further water quality progress.

The hotel deadline for the Policy Forum is April 13 so please call the Renaissance Washington Hotel, Washington, D.C., at 202.898.9000 as soon as possible. Additional information is available on NACWA’s website.

NACWA Pretreatment Workshop Hotel Deadline is March 10

Those planning to attend NACWA’s 2009 National Pretreatment and Pollution Prevention Workshop, March 25-27 in Charlotte, N.C., have until next Tuesday, March 10, to reserve a room at the conference hotel at the special rate of $149 per night. Building on the success of the last Workshop’s panel on legal issues that affect pretreatment programs, this year’s Workshop will feature a “Law and Order, Pretreatment Style” panel with two attorneys from both sides of legal cases: one who represents a wastewater treatment facility and one who has represented environmental activists on wastewater cases. Another session will feature a roundtable discussion on developing effective pretreatment working relationships with a range of perspectives on pretreatment issues, with representatives from a pretreatment program, an industrial user, and a wastewater treatment plant operations and maintenance staff member. The complete agenda and online registration is available on NACWA’s Conferences and Professional Development webpage. Reservations for the $149 group rate must be made by March 10 by calling the Hilton Charlotte University Place directly at 704/547-7444 and referencing the NACWA Pretreatment Workshop.