» Update Archive

This edition of NACWA’s Legislative Update, current through June 30, 2011 provides information on the activities of the 112th Congress of interest to the nation’s public clean water agencies.  For more detailed information regarding NACWA activities, click on the web links in selected news items, visit NACWA’s website, or contact Pat Sinicropi at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

ISSUE AREAS

Regulatory Prioritization/Affordability

NACWA Poised for Major Push on Money Matters™ Legislation

NACWA has put together a final working draft of its Money Matters™ regulatory prioritization legislation and will undertake discussions this month with key Senate and House offices to secure sponsors to introduce the legislation.  The draft legislation was developed following an April facilitated session and a discussion of the bill at NACWA’s National Environmental Policy Forum in May.  The legislation will continue to be a work in progress as Members of Congress engage on the bill and stakeholders provide ongoing input into the legislation.

The draft legislation ensures that municipalities have the opportunity to shape their Clean Water Act (CWA) compliance programs through a priority-setting process that takes into account financial capability concerns and maximization of water quality benefits.  Under the draft legislation, all CWA requirements would still be complied with, but the utility – through an application and negotiation process with the appropriate state authority and pursuant to EPA-developed guidelines – would have the ability to set achievable compliance timeframes, and the flexibility to alter compliance priorities as the economic, regulatory and scientific/technological landscapes change.  As the Association works toward introducing the legislation, NACWA will be in contact with key public agency members seeking their support in reaching out to their Members of Congress as potential sponsors.

On a related note, Missouri’s State House of Representatives recently offered affordability language in the Clean Water Fees Bill (H.B. 89 ).  The affordability language, which begins on page 41 of the bill, explicitly defines affordability and financial capability, and states that when issuing permits for publicly owned treatment works (POTWs), the state should make a finding of affordability upon which it bases such permits and decisions.  NACWA encourages other states to pursue and introduce similar legislation, as Missouri, Kentucky, and Ohio have.  Each of these state bills is available on NACWA’s Money Matters website.

Nutrient Issues/ Farm Bill Reauthorization

NACWA Testifies at House Hearing on EPA’s Nutrient Policies

On June 24, the House Transportation & Infrastructure Subcommittee on Water Resources & Environment held an oversight hearing on EPA’s policy approach to controlling nutrients in waterways.  Barbara Biggs, Chair of NACWA’s Water Quality Committee and Government Affairs Officer for the Metro Wastewater Reclamation District in Denver, Colorado, testified on behalf of the Association.  Barbara’s testimony focused on NACWA’s recommended principles that should guide the development of numeric nutrient criteria.   Her testimony also discussed Colorado’s approach to developing numeric nutrient criteria and Metro’s experience with it.  In Colorado, wastewater utilities have been working for nearly two years on an approach that includes scientifically derived numeric values for nitrogen and phosphorus – as well as an adaptive implementation plan that ensures nutrient reductions in priority watersheds, including those where point sources are significant contributors – only to be told by EPA that these efforts were not sufficient.

Biggs stated that nutrient-related impacts are the water quality challenge of our time and that NACWA members understand that clean water agencies need to be an equitable partner in any solution to this challenge.  However, Biggs also argued that until agricultural nonpoint sources are asked to do their part in controlling nutrients, we will never realize the nutrient reductions needed in order to have a significant water quality impact (see related Farm Bill story below).

Barbara Biggs was the sole witness representing public clean water agencies.  Other witnesses at the hearing included:  the Honorable Nancy Stoner, Acting Assistant Administrator, Office of Water, EPA; Richard Opper, Director, Montana Department of Environmental Quality, representing the Environmental Council of the States (ECOS); Colleen Sullins, Director, Division of Water Quality, North Carolina Department of Environment & Natural Resources, representing the Association of State & Interstate Water Pollution Control Administrators (ASIWPCA); Bethany Card, Director, Water Quality Programs, New England Interstate Water Pollution Control Commission (NEIWPCC); George Elmaraghy, Chief, Division of Surface Water, Ohio Environmental Protection Agency; and Richard Budell, Director, Office of Agricultural Water Policy, Florida Department of Agriculture and Consumer Services.  All witnesses’ testimony is available on the Subcommittee’s Hearing website.

NACWA Continues to Make Progress on Farm Bill Advocacy

This month, NACWA continued its advocacy efforts to urge policy solutions to addressing agricultural run-off of nutrients within the context of the Farm Bill reauthorization.  Earlier in June, NACWA met with key staff on the Senate Agriculture Committee to begin a dialogue with them on various policy options.  NACWA was joined by the Association of Metropolitan Water Agencies (AMWA).  The discussion was constructive and committee staff was receptive to finding ways to address the nutrient challenge through innovative agricultural policy solutions. During the meeting, NACWA learned that the Senate Agriculture Committee is likely to focus the remainder of this year on holding hearings in anticipation of drafting reauthorization legislation early next year.  NACWA also met with staff for Senator Baucus (D-Mont.) to brief them on this effort.

In addition, NACWA convened another meeting of the Healthy Waters Coalition on June 21to continue work on a final set of policy recommendations that all Coalition stakeholders can support.   It is anticipated that consensus can be achieved by the end of July on these recommendations and unveiled to the public after the August Congressional recess.  NACWA’s Farm Bill workgroup has been actively involved in developing these recommendations and will continue to play an active role in advising and participating in this legislative effort.   At the June meeting, the Coalition agreed to send a follow-up factsheet on nutrient pollution to Congress focused on the various sources of nutrient loading and the degree to which run-off from agricultural operations contribute to the problem.  The first factsheet was distributed in April and focused on the nutrient problem in general.

NACWA was also invited to make a presentation on June 22 to EPA’s Farm, Ranch and Rural Communities Committee which advises the agency on matters related to agricultural policy.  NACWA presented on the Association’s efforts related to the Farm Bill.  NACWA has also been invited to participate in July at a Future 500 gathering hosted by the Johnson Foundation at the Wingspread Conference Center in Racine, Wisconsin which will focus on product stewardship approaches to addressing water quality issues within the agricultural sector.

Finally, NACWA officially learned that it was awarded a grant by the Turner Foundation in support of its outreach and advocacy efforts on the Farm Bill.  Turner is awarding NACWA $50,000 to complete a white paper examining the nutrient control issue from an urban ratepayer perspective, as well as to draft a broader plan setting out a communications, messaging, outreach, and advocacy strategy focused on reducing nutrient run-off from agricultural lands in the context of the next Farm Bill and beyond.

The white paper is currently being drafted and examines the costs of nutrient removal at water and wastewater treatment utilities versus the cost of reducing nutrient run-off at the farm.  Public agency members serving on NACWA’s Farm Bill Workgroup are also serving on a review team for the white paper, which is expected to be completed by September 1.  NACWA will distribute it at that time to the full membership for use in their nutrient-control advocacy efforts.

The Turner Foundation became interested in this project in large part because of a desire to have the municipal community, including water and wastewater leaders, play an integral role in the debate over nutrient reductions from farms.  The objective of organizing the voices of municipal elected and appointed officials will play a central role in the broader plan being developed pursuant to the initial grant. NACWA is seeking to ensure that the Turner Foundation grant marks only the beginning of a broader effort that can be supported by additional foundations interested in ensuring that sustainable farm policy and water quality concerns are addressed in the next Farm Bill.

Security & Emergency Preparedness

Chemical Security Bill Passes House Panel, Senate Panel to Mark Up its Version — Both Currently Exclude Water, Wastewater Facilities

On June 22, by a 26-5 bipartisan vote, the U.S. House of Representatives Homeland Security Committee’s Subcommittee on Cybersecurity, Infrastructure, Protection & Security Technologies cleared legislation (H.R. 901 ) to amend the Homeland Security Act of 2002 and reauthorize the Department of Homeland Security’s (DHS) Chemical Facilities Anti-Terrorism Standards (CFATS) program for seven years.  The CFATS program is designed to secure the nation’s chemical facilities from terrorist attacks and other security threats.  H.R. 901, as it currently stands, would continue the exemptions for water and wastewater facilities in the CFATS program.  H.R. 901 will now proceed to the House floor; however, it is unclear whether the House leadership will move this bill or a competing piece of legislation (H.R. 908 ) pending in the House Energy & Commerce Committee, which also continues the exemption for water and wastewater facilities.

Meanwhile, the Senate Homeland Security and Governmental Affairs Committee will mark up legislation (S. 473 ) on June 29 that was introduced by Committee Ranking Member Susan Collins (R-Maine) to extend a DHS program designed to secure the nation’s chemical security facilities from terrorist attacks and threats, and reauthorize CFATS.  Like H.R. 901, S.473 continues the water and wastewater facility exemption and is the primary piece of chemical security legislation moving through the Senate.  That being said, Senator Frank Lautenberg (D-N.J) has introduced the Secure Water Facilities Act (S. 711) and the Secure Chemical Facilities Act (S.709), which would establish a CFATS program for  water and wastewater facilities and reauthorize the CFATs program at the DHS.  S. 711 has been referred to the Senate Committee on Environment and Public Works and S. 709 has been referred to the Senate Committee on Homeland Security and Governmental Affairs but no committee action has been taken on Senator Lautenberg’s bills.  NACWA will continue to monitor these two pieces of legislation and keep its members updated on any developments as they occur.

Clean Water Act Federalism and Jurisdictional Issues

House T&I Committee Approves Bill Restricting EPA's Role in Permitting Process

On June 22 the House Transportation & Infrastructure Committee (T&I), with the support of Chairman John Mica (R-Fla.) and Ranking Member Nick Rahall (D-W.Va.), cleared the Clean Water Cooperative Federalism Act of 2011 (H.R. 2018 ) on a 35-19 vote.  The bill, co-sponsored by three Democrats and 15 Republicans, would strip EPA of its authority to block Clean Water Act (CWA) permits for dredge-and-fill activities and to overrule state-approved discharge permits, water quality certifications, and water quality standards.  H.R. 2018 would block EPA’s ability to revise state water quality standards under Section 303 without State approval, take away the Agency’s authority to overrule state-granted water quality certifications under Section 401, and also remove EPA’s authority to object to state-approved National Pollutant Discharge Elimination System permits under Section 402.  In addition, the bill includes an amendment offered by Representative Shelley Capito (R-W.Va.) that would apply the restrictions imposed on EPA’s authority to all pending permits or new and revised water quality standards.  H.R. 2018 will now move to the House floor for consideration.  The legislation is not expected to advance further than the House and has been roundly denounced by environmental organizations as the new “Dirty Water Bill”.  NACWA will continue to monitor the bill’s progress and keep the membership informed as developments occur.

Pesticide Permitting Bill Sees Opposition from Senate Democrats after Committee Markup

The House of Representatives passed a bill (H.R. 872 ) that would undo a 2009 federal appeals court ruling in National Cotton Council vs. U.S. EPA where the court ordered EPA to issue permits for farmers who spray pesticides over water under CWA authority.  The Senate Agriculture Committee recently took up the bill and passed it, although several key Senate democrats - including the Senate Environment and Public Works (EPW) Chairwoman Barbara Boxer (D-Calif.) and Senator Ben Cardin (D-Md.), Chair of the Water and Wildlife Subcommittee, both openly criticized the legislation.  The National Cotton Council ruling has provoked controversy among environmental groups, legislators from farm states, and EPA since it was issued in 2009. The court has ordered EPA to begin issuing the new permits by October 31 and the agency plans to release the new permitting requirements on July 30.  The court ordered deadline has forced legislators to act quickly. The House passed H.R. 872 in March by a 292-130 vote.  NACWA will continue to monitor the legislation’s progress and keep the membership updated on any developments as they occur.

RECENTLY INTRODUCED CONGRESSIONAL LEGISLATION

• Representative Timothy Bishop (D-N.Y.) introduced the Long Island Sound Improvement Act Amendments of 2011 (H.R. 2110) on June 3, 2011 to amend the Federal Water Pollution Control Act to reauthorize and improve activities for the protection of the Long Island Sound watershed and for other purposes.  The legislation currently has twelve cosponsors.
  
• Senator Susan Collins (R-Maine) introduced the Comprehensive National Mercury Monitoring Act (S. 1183) on June 13, 2011 to establish a national mercury monitoring program and for other purposes.  Senator Thomas Carper (D- Del.) is currently the only cosponsor of S. 1183.
  
• Representative Stephen Fincher (R-Tenn.) introduced the Regulatory Balance Act (H.R. 2175) on June 14, 2011 to require the Secretary of Agriculture, the Administrator of EPA, and the Commissioner of the Food and Drug Administration to submit a cost-benefit analysis to the Congress before implementing proposed regulations. The legislation currently does not have any cosponsors.
  
• Representative John Carney (R-Del.) introduced H.R. 2325 on June 23, 2011 to direct the Secretary of the Interior to establish a program to build on and help coordinate funding for restoration and protection efforts of the 4-State Delaware River Basin region, and for other purposes.  The legislation currently has a total of nine cosponsors.

KEY CONGRESSIONAL HEARINGS

• The House Science, Space and Technology’s Committee’s Subcommittee on Energy and Environment held a hearing on June 1, 2011 to discuss harmful algal blooms and action plans for scientific solutions.  For more information regarding this hearing, please go to the Committee’s webpage.
  
• The Senate Agriculture, Nutrition and Forestry Committee held a hearing on June 23, 2011 to discuss Farm Bill accountability and the importance of measuring performance, while eliminating duplication and waste.  For more information regarding this hearing, please go to the Committee’s webpage.
  
• The House Transportation and Infrastructure Committee’s Water Resources and Environment Subcommittee held an oversight hearing on June 24, 2011 to discuss EPA’s nutrient policies.  For more information regarding this hearing, please see article above or go to the Committee’s webpage.