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May 20, 2005 NACWA Fax Alert

Member Pipeline - Fax Alerts - May 20, 2005

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May 20, 2005

EPA Action, House Amendment
Set Back Blending Policy, NACWA to Continue Advocacy Effort

EPA sent a letter to Congress yesterday stating that “based on our review of all of the information received, we have no intention of finalizing the blending policy as proposed in November 2003.” Also yesterday, the U.S. House of Representatives passed an amendment to the EPA budget bill (http://www.nacwa.org/advocacy/co/2005-05-19STUPAK.PDF) stating that no fiscal year 2006 “funds from EPA’s budget may be used to finalize, issue, implement or enforce the proposed [November 2003 EPA blending] policy.” NACWA and a coalition of municipal groups worked hard to ensure that the House amendment was framed as narrowly as possible and does not preclude EPA from working toward a consistent, national policy on blending. Furthermore, as EPA noted in its press release (http://www.nacwa.org/advocacy/co/051905co.cfm), the Agency will “continue to review policy and regulatory options to manage this issue” albeit reiterating the view voiced by EPA officials at NACWA’s May Policy Forum that “blending does not constitute a long-term solution.”

Recent activity on the blending issue has afforded NACWA and its public agency members an opportunity to visit congressional offices and to send letters and a revamped NACWA “Truth Alert” (http://www.nacwa.org/advocacy/co/2005-05-19btruth.pdf) voicing the vital need for a blending policy. As Chairman of the House Subcommittee on Water Resources and the Environment, John J. Duncan (R-TN), noted in his floor statement on the blending amendment yesterday, “this amendment is opposed by [over] 38. . . national and State water organizations whose job it is to protect the environment and provide communities with clean water.” In his floor statement, Rep. Bart Stupak (D-MI), who spearheaded the anti-blending amendment effort, noted that “our amendment will not cost a thing. It will not change a thing. It leaves things just the way they are right now.” Given EPA’s unfortunate decision not to finalize its policy, NACWA has voiced its disappointment to the media and will continue its efforts to advocate on behalf of blending in the congressional, regulatory and legal arenas. Specifically, the Association will urge the Senate to strip the House amendment from the final EPA budget package during conference talks expected this summer and will work, through its active committee structure, to develop a strategy on blending that accounts for these recent developments.

Federal Action to Halt
Blending Guidance Heightens Importance of Legal Advocacy

With EPA considering its options on blending, NACWA’s litigation activity becomes even more important. This week, NACWA and other municipalities presented oral arguments before the U.S. Court of Appeals for the District of Columbia Circuit on the need for a consistent national blending policy. The three-judge panel expressed concern with EPA’s failure to supervise its regions and to act over the course of several years on a blending policy. The court, however, also asked several questions regarding alternatives to a national EPA policy, including whether the blending issue could be addressed through state-by-state action. A decision from the court is expected this summer.

NACWA’s Blending
Activity Highlights Need for Wet Weather Funding

NACWA’s blending advocacy has helped bring to Congress’ attention the enormous cost of controlling wet weather flows. The House Transportation and Infrastructure Committee approved legislation (H.R. 624) this week that authorizes $1.5 billion in grants over five years (2006-2011) for municipal sewer overflow control projects. NACWA will continue to work to ensure passage and funding for H.R. 624.

  • NACWA’s Executive Director, Ken Kirk, participated in a videotaped interview on Environment & Energy Daily TV that highlighted the municipal position on current clean water issues, including blending, budget concerns, and solutions to the funding gap. Also interviewed, was Nancy Stoner, clean water director for the Natural Resources Defense Council. The video can be downloaded at http://www.eande.tv/main/?date=051605.