Member Pipeline - Clean Water Current - December 15, 2006
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for the Clean Water Currents ArchiveDecember 15, 2006
NACWA Action Planning Session Shows Support for Green Initiatives, Emerging Issues
NACWA’s Action Planning Session in Kansas City, Mo., on Dec. 12 provided vital feedback from NACWA public agency and private affiliate members on the key emerging issues of: 1) clean water/drinking water/water reuse; 2) nonpoint sources of pollution; 3) urban/suburban stormwater; 4) wetlands; 5) green infrastructure; 6) collection systems; and 7) septic systems. From the outset of the Session, which had more than 60 participants, it was clear that utilities are increasingly thinking and acting on “green” and sustainable principles. The discussions demonstrated the interconnectedness of many of these issues, indicating a vital need to consider them on an integrated water quality basis. Several participants further noted that water quality impacts from air deposition demand increased NACWA attention. All seven issue discussions centered on the fact that utilities would benefit from additional advocacy, public affairs/outreach, and research on these issues. What also became evident is that many municipalities are ahead of the curve in thinking “green” and that local initiatives, from constructed wetlands to land conservation, are underway and provide significant benefits, from cost-savings to improved community relations and enhanced local partnerships.As the Session’s host, Frank Pogge, NACWA Board Member and director of the Kansas City Water Department, noted in his welcoming remarks several key opportunities to forward a proactive agenda on these issues:
“First is the fact that, come January, we will find ourselves with a new Congress and new congressional leadership. The November election brought with it significant changes, and the impacts on our advocacy agenda may be just as significant. The second fact we should bear in mind, is that 2007 will mark the 35th anniversary of the Clean Water Act – an important milestone in water quality progress.”
NACWA will draft a report synthesizing the Session’s discussions that will set forth options for next steps and will be sent to Association members for additional comment later this month. These discussions, in turn, will shed light on a number of strategic emerging issues that will help the Association strengthen its advocacy agenda for 2007 and help ensure continued water quality progress. NACWA would like to thank all participants and the sponsors of this event for making this meeting a success.
NACWA Ramps Up Advocacy on Anticipated NPDES Permit Fee Proposal
NACWA worked this week to stymie efforts by EPA to propose a rule that will shift the funding of the National Pollutant Discharge Elimination System (NPDES) permitting program to an almost entirely fee-based approach. Under the proposed rule, which is expected to be released by Dec. 31, EPA will require that 75 percent to 100 percent of funding for the NPDES permit program come from user fees. Although some state programs are largely supported by NPDES permit fees already, in many states such a shift would signal a significant increase in fees. Additionally, NACWA is concerned that such a move again means the federal government intends to continue shifting clean water funding responsibilities to municipalities despite an expanding funding gap. The impetus for EPA’s new approach comes from language in the Senate version of the Fiscal Year (FY) 2007 EPA funding bill, as well as from the FY07 budget proposed by the White House. EPA has decided to proceed with the new rule even through Congress has not officially approved the funding bill and is not likely to any time soon (see related article).NACWA’s Legal Affairs Committee held a joint conference call on Dec. 13 with the Legal Task Force of the Association of State and Interstate Water Pollution Control Administrators (ASIWPCA) to discuss efforts by each organization to address this proposed shift to fee-based permitting and to solicit comments on the potential impacts of the proposed rule. Because a fee shift could have significant impacts on members of both organizations, NACWA and ASIWPCA have been coordinating very closely on this issue. The Association also joined a coalition organized by Crowell & Moring, a Washington, DC consulting firm, comprised of both regulated entities and regulatory agencies concerned about a shift in funding of the permitting program. Representatives from the coalition are meeting with key individuals at EPA, on Capitol Hill, and in the Office of Management and Budget (OMB) to advocate against the rulemaking. Also, NACWA and the Federal Water Quality Coalition (FWQC) met with EPA senior staff on Dec. 14 to convey its concerns over the Agency’s direction on permit fees. EPA staff reported that they will be releasing the proposed rule for a 45-day public comment period before the end of the year. We will continue to keep the membership informed of developments regarding this important issue. If members have specific information regarding how they might be impacted by such a policy shift, please contact Adam Krantz at 202/833-4651 or akrantz@nacwa.org.
NACWA Files Intervention in BEACH Act Case
NACWA filed a motion (http://www.nacwa.org/private/littrack/) to intervene Dec. 14 in Natural Resources Defense Council (NRDC) v. Environmental Protection Agency, an important case involving recreational water quality criteria currently pending in the U.S. District Court for the Central District of California. The case concerns EPA’s failure to meet certain milestones established by the Beaches Environmental Assessment and Coastal Health (BEACH) Act requiring the Agency to establish new recreational water criteria. Citing the fact that “EPA’s failure to comply with the BEACH Act has an immediate and substantial impact on NACWA’s member agencies,” the motion said the Association’s interest in the case is “to protect and preserve the interests of its members nationwide.” Furthermore, the motion states that “NACWA’s members have a vital interest in being involved at all stages of regulatory development in order to protect the current and future interests of their constituents,” including the ability to plan appropriately for future financial constraints. Early signs suggest that NRDC may oppose NACWA’s entry into the case. However, NACWA has overcome such opposition in past cases and hopes the court will recognize NACWA’s interest and grant intervention.EPA Programs Funded by Earmarks Depend on Key 2007 Budget Decisions
The 109th Congress having officially adjourned, many issues, including EPA’s fiscal year (FY) 2007 budget, have been left unresolved. EPA is currently operating under a Continuing Resolution (CR) that will keep its doors open only through Feb. 15. Early next year, the Democrats will have to decide whether to pass EPA’s and the eight other appropriations bills through a large omnibus spending package or extend the CR through the end of FY 2007, which currently appears likely. On Dec. 11, incoming Appropriations Chairmen — Rep. David Obey (D-Wis.) and Sen. Robert Byrd (D-W.V.) — announced that they would extend current funding levels “with adjustments” through the 2007 fiscal year and put at least a temporary moratorium on all earmarks. In the meantime, EPA’s programs will operate at the lowest funding level of: 1) the FY 2006 budget, 2) the FY 2007 House-passed bill, or 3) the FY 2007 proposal in the pending Senate bill. How this process plays out could directly impact key programs, including the National Biosolids Partnership (NBP), which operate on yearly ‘earmarked’ grants that are added to the annual appropriations legislation that funds EPA. Additionally, NACWA members that have wastewater, storm water, and drinking water projects in either the House or the Senate Interior, Environment and Related Agencies’ appropriations bills will not know the fate of those earmarks until Feb. 15, 2007, at the earliest. Once OMB sends guidance to EPA on how to proceed with its spending for the year, Agency officials will determine the financial effects on relevant programs -— including the grant to the NBP. NACWA will inform members as soon as this information is available.