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Member Pipeline - Fax Alerts - May 19, 2006

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May 19, 2006

NACWA Takes Strategic Steps on Critical “Daily” Load Case
Following up on the strategic discussions NACWA had on the total maximum “daily” load (TMDL) case leading up to, and during, the National Clean Water Policy Forum, the Association has been taking several significant steps to ensure that the voice of the Nation’s clean water agencies is heard. In the case, Friends of the Earth v. EPA, the U.S. Court of Appeals for the D.C. Circuit held that the term “daily” in total maximum “daily” loads does, in fact, mean “daily”(see the April 28, 2006 for more information regarding the TMDL decision (http://www.nacwa.org/private/faxalerts/20060428.cfm). Critically, NACWA, which filed an amicus brief in the suit, has been gathering information regarding potential legal action by the parties in response to the decision. At present, EPA and the Department of Justice do not appear prepared to seek review by the U.S. Supreme Court. According to statement made by EPA at and after the Policy Forum, the Agency is more focused on a targeted regulatory fix. In light of this development, NACWA and the Federal Water Quality Coalition — of which NACWA is a member— is organizing a meeting with EPA both to gather additional information and offer stakeholder input into this process as necessary. NACWA will keep members apprised of its discussions with EPA and other developments regarding this pivotal issue. The D.C. Circuit opinion is available on NACWA’s Legal Tracker (http://www.nacwa.org/getfile.cfm?fn=2006-04-25foeop.pdf).

House Approves
Deep Cuts to SRF; NACWA Continues Push for Trust Fund
The U.S. House of Representatives agreed on May 18 to the Bush Administration’s request to cut $200 million from the Clean Water State Revolving Fund (CWSRF) when it voted 293-128 to approve $7.6 billion in fiscal year (FY) 2007 funding for EPA. The CWSRF would be funded at $688 million, a 22-percent cut from the $886 million in FY 2006 and a nearly 50 percent cut to the program since FY 2004. NACWA will continue to work with Members of Congress and others to shed light on the critical need for more funding to help clean water agencies improve the quality of the nation’s waterways and protect public health. The Association believes the best way to accomplish this goal is through passage of the Clean Water Trust Act of 2005 (H.R. 4590). Sponsored by Rep. John Duncan (R-Tenn.), chairman of the House Transportation and Infrastructure Subcommittee on Water Resources and the Environment, the bill would create a trust fund to finance water and wastewater infrastructure. NACWA is working to get more cosponsors for this important piece of legislation and continues to urge its public agency members to use the Contact Congress feature on the Association’s homepage (www.nacwa.org) and contact their representatives to cosponsor H.R. 4560.

Supreme Court Decides
First of Three Cases on the Reach of the Clean Water Act
Also on the legal frontier, in the first of three Clean Water Act (CWA) decisions to be issued by the U.S. Supreme Court this year, on May 16 the Court upheld state authority to impose conditions on federal hydroelectric project licensing, under Section 401 of the CWA. In S.D. Warren v. Maine Board of Environmental Protection, the Court concluded that Congress passed the CWA with the goal of protecting water quality from “pollution” in general, a term Congress defined as “the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.” The Court confirmed that the states’ CWA Section 401 authorities include addressing the water quality impacts of dams. The opinion preserves the status quo broad state jurisdiction under CWA Section 401and is posted on NACWA’s Litigation Tracker (http://www.nacwa.org/getfile.cfm?fn=2006-05-16waren.pdf). NACWA will keep members apprised of the decisions in the two remaining Supreme Court cases as they become available.

NACWA Comments on
GASB’s “Pollution Remediation Obligations” Standard
NACWA this week provided the Government Accounting Standards Board (GASB) with comments on its proposed standard, Accounting and Financial Reporting for Pollution Remediation Obligations (Draft Standard). In the initial review of the Draft Standard, NACWA members expressed concern about the potential breadth of the term “pollution remediation,” which could have created reporting requirements for virtually all of their core business functions. As the comments state in greater detail, however, subsequent discussions with GASB representatives have made it clear that core pollution remediation events, including remediation associated with TMDLs or combined sewer overflow (CSO) long-term control plans (LTCPs) and consent decrees, were not the type of events GASB was seeking to cover in its Draft Standard. NACWA’s comments outline several additional remediation scenarios raised by Association public agency members and requests explicit clarification regarding whether reporting requirements for these events may apply. Critically, it seems GASB’s intentions were not to create additional burden for municipal clean water agencies and the Association will update members with their response to our comment effort. NACWA’s comments on the GASB Draft Standard are available on the Association’s Regulatory Correspondence & Outreach webpage (http://www.nacwa.org/private/reg_outreach.cfm).

July Conference Explores Cross-Cutting
Clean Water/Drinking Water Issues, Register Today
NACWA urges you to the save the date for its 2006 Summer Conference and 36th Annual Meeting, Cross-Cutting Clean Water & Drinking Water Issues…Challenging Traditional Boundaries, July 18-21, in Seattle, Washington. Through an agenda prepared in cooperation with the American Water Works Association (AWWA), the Association of Metropolitan Water Agencies (AMWA) and the Water Environment Federation (WEF), NACWA’s 2006 Summer Conference speakers will examine real-world case studies that are challenging the traditional boundaries between the Clean Water Act and Safe Drinking Water Act, and the sometimes conflicting goals of these two major environmental laws. Examples of successful collaboration will help other agencies chart a path toward working together to meet the ever-increasing demand for clean water. Visit NACWA’s conferences and meetings page (http://www.nacwa.org/meetings/06summer/) for updated agenda information or to register for the conference today.

Join NACWA and WERF
for Two-Part Web Seminar on Use Attainability Analyses
Join NACWA and the Water Environment Research Foundation (WERF) for a unique web seminar series focused on the recently released joint publication, Collaborative Water Quality Solutions: Exploring Use Attainability Analyses (UAA Handbook). This two-part series — June 28 and July 12 from 2:00-3:30 p.m. Eastern Time — will give your staff an opportunity to learn more about a key clean water issue without the expense or time required for travel. Register now for this cutting-edge learning opportunity! Visit NACWA’s Conferences and meetings webpage (www.nacwa.org/meetings/06uaa) for the most up-to-date information on the 2006 UAA Web Seminar.