» Clean Water Current Archive

May 1, 2009

Clean Water Agencies Urged To Review Pandemic Preparedness Plans in Light of H1N1 Flu

NACWA is encouraging clean water agencies to review their pandemic preparedness plans and stay up-to-date on developments regarding the H1N1 influenza as the number of reported cases grows. The World Health Organization (WHO) raised the alert level to Phase 5 (out of 6 phases) this week for the H1N1 flu that has infected more than 100 people and resulted in one death in the United States. The Phase 5 alert is a “strong signal that a pandemic is imminent and that the time to finalize the organization, communication, and implementation of the planned mitigation measures is short.”

While no vaccine is available yet for the new virus, U.S. Department of Health and Human Services’ (HHS) and the U.S. Department of Homeland Security’s (DHS) Guidance on Allocating and Targeting Pandemic Influenza Vaccine designates water sector personnel for vaccination priority as Tier 2 (the second highest designation out of five tiers) of the critical infrastructure category for severe and moderate pandemics. Tier 2 groups are those that provide “just in time services”, are relied on by all other infrastructure sectors for their essential operations, and contribute to public health and safety. This will be important for clean water utilities if the H1N1 flu becomes a pandemic, and a vaccination is developed. NACWA and other water sector groups ensured that DHS and HHS provided this Tier 2 designation for water sector personnel in recognition of the critical public health functions that clean water agencies perform on a daily basis. In the meantime, prescription antiviral drugs may be used for people infected with the virus and for prevention in people who have been exposed to the virus.

Information for utilities regarding the H1N1 flu as well as a discussion forum is available on the Water Information Sharing and Analysis Center (Water ISAC), the official communications and operation arm of the Water Sector Coordinating Council (WSCC). In addition, the Pandemic Flu website provides one-stop access to all U.S. government information on the virus. The Centers for Disease Control and Prevention (CDC), DHS, and HHS also have comprehensive information about the H1N1 flu. NACWA will keep members informed about any developments with the H1N1 flu that directly affect utilities.

BEACH Act Reauthorization Bill Reflects NACWA Improvements

A bill to reauthorize the Beaches Environmental Assessment and Coastal Health Act (BEACH Act) was introduced in the House of Representatives April 24 and contained significant improvements over last year’s version of the bill as a result of NACWA’s advocacy efforts. The Clean Coastal Environment and Public Health Act of 2009 (H.R. 2093) would require EPA to develop and validate a rapid test method by October 2012 for use in monitoring coastal recreational waters. Earlier versions of the bill included a 2010 deadline for creation of the rapid test method, which was at odds with the litigation settlement NACWA achieved in August 2008 in Natural Resources Defense Council v. EPA, a federal lawsuit over BEACH Act implementation. NACWA was a party to the lawsuit and helped craft a settlement which set a 2012 deadline, ensuring EPA will have sufficient time to create a scientifically valid rapid testing method. NACWA has since worked with key congressional staff to bring the legislative deadline for creating the rapid test method in line with the litigation settlement, resulting in H.R. 2093’s October 2012 deadline consistent with the legal settlement agreement.

One area of continued concern for NACWA in H.R. 2093 is its definition of a rapid test method, which calls for results to be available “as soon as practicable and no more than two hours from the start of the test method.” NACWA requested that the “as soon as practicable” term replace the two-hour test methods, but the current language is clearly contradictory. NACWA also believes this time limit is not feasible based on current science and will work with congressional staff to revise the two-hour language to allow the ongoing scientific studies to determine an appropriate response time for coastal monitoring rapid testing methods, consistent with the terms of the litigation settlement.

EPA Releases Guidance on Buy American Requirements in Stimulus Bill

EPA released additional guidance April 28 addressing Buy American requirements for projects funded through the American Recovery and Reinvestment Act (ARRA) in order to comply with updated guidance from the White House Office of Management and Budget (OMB) released April 3. In meeting with key Agency staff, NACWA expressed substantial concerns to EPA about the impact of the ARRA’s Buy American requirements on wastewater infrastructure projects eligible for EPA funding through the clean water state revolving fund (CWSRF) program. The EPA guidance, which was issued after numerous discussions with NACWA, is reviewed in more depth in NACWA’s Legislative Alert 09-12 . The guidance clarifies how the Buy American provisions will be applied to projects funded through the CWSRF with ARRA money.

With the exception of several broad national waiver categories, EPA’s regional offices will review and respond to individual waiver requests within two weeks of receiving them. In addition, EPA will form a national coordinating group composed of staff from its headquarters and regional offices to oversee the waiver process and ensure consistency among regions regarding waiver requests. The coordinating group will also consider issuing national or regional categorical waivers that could apply to particular classes of funding recipients, projects, or iron, steel, or manufactured goods. The guidance also contains sample language on contracts and certification that those receiving stimulus funds can use to ensure compliance with all Buy American requirements. NACWA will continue to monitor application of Buy American requirements to stimulus projects and report on any developments.

EPA Administrator Jackson Testifies on Recovery Act Implementation

In related stimulus package news, EPA Administrator Lisa Jackson testified on the implementation of Buy American provisions and other aspects of the ARRA at an April 29 hearing of the House Transportation and Infrastructure (T&I) Committee. The hearing was the first in a series called by T&I Committee Chairman James Oberstar (D-Minn.) to keep tabs on how effectively the $54 billion in federal stimulus money is reaching state and local projects. Specifically, Jackson discussed the EPA’s efforts to dole out cash for the clean water and drinking water state revolving funds (SRFs), including guidance on Buy American and the green projects infrastructure funding provisions. The Agency received $6 billion for the SRF’s in the ARRA and has already distributed over $1.4 billion to 49 states, plus the District of Columbia and American Samoa. Jackson also worked to alleviate concerns committee members had over questions of fraud, waste, error and abuse that had been raised by the Government Accountability Office (GAO) due to a lack of trained staff at EPA. NACWA will continue to work closely with EPA as ARRA dollars are distributed.

Senators Introduce Bipartisan Bill Authorizing $1.8 Billion in Sewer Overflow Grants

Sens. Frank Lautenberg (D-N.J.) and George Voinovich (R-Ohio) introduced legislation this week to authorize $1.8 billion over fiscal years 2010 through 2014 for federal sewer overflow control grants under section 221 of the Clean Water Act. Sens. Robert Menendez (D-N.J.), Sheldon Whitehouse (D-R.I.), and Sherrod Brown (D-Ohio) are also co-sponsors of the bill. The Water Quality Investment Act of 2009 (no bill number yet) would authorize grants directly to local governments during the first two years of the program, while allocating the funding to states based on their need to address overflows for the remaining three years. States would then distribute the grant money to local governments.

A similar authorization for federal grants addressing sewer overflows passed out of the House of Representatives on March 12 as part of the much broader legislation, also called the Water Quality Investment Act of 2009 (H.R. 1262). The $18.5 billion House measure, which was strongly supported by NACWA, authorized $13.8 billion for EPA’s CWSRF program as well as funding to address sewer overflows, water recycling, and efforts to restore water quality in the Great Lakes. However, H.R. 1262 authorized $2.5 billion over fiscal years 2010 through 2014 to control combined and sanitary sewer overflows. NACWA will work to ensure that the Senate ultimately passes this legislation and that it includes the House-passed number of $2.5 billion for overflow projects.

Congress Passes Budget Resolution, Talk of Trust Fund Ramps Up

Congress passed its fiscal year (FY) 2010 budget resolution April 29 with $529.8 billion in non-defense discretionary spending. The Senate passed the resolution by a vote of 53-43, and the House vote was 233-193. The budget trims the Obama administration’s discretionary spending request by $10 billion. The budget resolution caps appropriations and requires that any additional spending be offset by either cuts in other areas or revenue increases. Congress not must begin allocating spending limits for each federal agency, including the EPA.

The Obama Administration requested $10.5 billion for the EPA including a significant increase in investment in the Clean Water and Drinking Water State Revolving Fund for a total of $3.4 billion for both programs -- $2.4 billion for CWSRF and $1.5 billion for DWSRF. NACWA wrote letters of support for this increase and is urging members to weigh in with their congressional delegation to ensure that Congress fully funds President’s Obama’s request.

In related news, Rep. Norm Dicks (D-Wash.), chair of the House Appropriations Subcommittee on Interior, Environment and Related Agencies, reiterated his support for a long-term, dedicated trust fund during a hearing this week before his subcommittee. He also said he believed more grants for water and wastewater infrastructure were needed because loans through the clean water and drinking water state revolving funds (SRFs) are not “adequate to take care of the problem.” Meanwhile, the Senate Environment and Public Works Committee is set to mark up legislation reauthorizing the Clean Water and Drinking Water SRFs May 7. Similar legislation passed the House last month by a vote of 317 to 101.

NACWA met with Chairman Dicks in March to urge his support of a trust fund for water and wastewater infrastructure and for more grants to communities. During the hearing, Rep. Mike Simpson (R-Idaho) also indicated his support for the trust fund concept and said he has been in touch with Rep Earl Blumenauer (D-Ore.) about his upcoming trust fund legislation. NACWA is working closely with Blumenauer to craft legislation to establish a trust fund for water and wastewater infrastructure and anticipates seeing legislative language before summer.

House Approves Legislation to Improve and Coordinate Water Research

The U.S. House of Representatives has passed the National Water Research and Development Act of 2009 (H.R. 1145), which is intended to improve the federal government’s role in implementing federal water research, development, demonstration, data collection and dissemination to address changes in U.S. water use, supply and demand. The initiative calls for an interagency committee, led by the National Oceanic and Atmospheric Administration (NOAA), to oversee the effort. The final measure passed with a 413-10 bipartisan vote and now heads to the Senate Committee on Environment and Public Works for consideration.

Included in the bill were amendments by Reps. Melissa Bean (D-Ill.) and Earl Blumenauer (D-Ore.) calling for federal research on the impact of trace amounts of pharmaceuticals and consumer products in treated drinking water and creating an EPA program to help communities around the country undertake water reuse and recycling projects. EPA would demonstrate, evaluate, and test the techniques and technologies to reuse and recycle wastewater and stormwater at the building site, neighborhood, and watershed scales for urban, industrial, agricultural, environmental, and recreational uses as well as to augment potable water supplies. NACWA will keep the membership updated as the legislation moves through the Senate.

NACWA wishes all of its members traveling to the D.C. for the 2009 National Clean Water Policy Forum a safe trip!