Member Pipeline - Clean Water Current - December 21, 2006
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for the Clean Water Currents ArchiveDecember 21, 2006
EPA Proposes Permit Fee Rule, NACWA to Comment
EPA announced its proposal today to shift funding of the National Pollutant Discharge Elimination System (NPDES) permitting program to an almost entirely fee-based approach, despite significant opposition from numerous stakeholder groups, including NACWA, which has been part of a broad-based coalition to address the issue. A pre-publication copy of the proposal along with a fact sheet and other information is available on EPA’s website at http://www.epa.gov/owm/cwfinance/npdes-permit-fee.htm. The proposal is intended to encourage states to fund a larger portion of their NPDES permit programs through fees rather than relying on funds allotted under Section 106 of the Clean Water Act (CWA). States lacking an “adequate fee program” could potentially see a reduction in these 106 funds. Likewise, establishing an “adequate fee program” most likely means point source discharges, such as municipal clean water agencies, can expect to pay more when their NPDES permits come up for renewal.
The proposal will have a 60-day comment period once it is published in the Federal Register, which is expected to happen next week. While the pre-publication notice says that states would be the only affected entities, NACWA believes its members will also be affected. The Association will issue a Regulatory Alert next week providing more details about the proposal and seeking member input. (For additional background see the Dec. 15 Clean Water Current at http://www.nacwa.org/private/cwc/20061215.cfm).In advance of today’s proposal, the coalition in which NACWA is participating obtained a bipartisan letter from Sen. James Inhofe (R-Okla.), chair of the Senate Environment & Public Works (EPW) Committee, and Sen. Hillary Rodham Clinton (D-NY), ranking member of the Senate EPW Subcommittee on Fisheries, Wildlife and Water, to the Office of Management & Budget (OMB) opposing the fee-based approach. Specifically, the Dec. 20 letter (http://www.nacwa.org/getfile.cfm?fn=2006-12-20obm.pdf) states that EPA is “under the mistaken belief that they must publish a proposed rule by Dec. 31,” adding that “the Senate language [from EPA’s budget bill requiring EPA to propose such a rule] is obsolete since the bill was not signed into law nor was it even considered by the full Senate.” The Senators’ letter also notes that EPA violated Executive Order 13132, which requires EPA “to consult State and local governments early in the process of developing a proposed regulation with federalism implications.”
Also this week, the permit fee coalition, consisting of state, municipal, and industry groups, sent a letter to Tom Sullivan, chief counsel for advocacy with the U.S. Small Business Administration, updating him on the permit fee issue and requesting that they “intervene as quickly as possible to help forestall EPA action to issue a rule until there is adequate consultation and the likely effects on small entities are evaluated.” NACWA will be discussing with EPA the impact of these efforts on their proposal and will provide members with updates on developments as they become available. Again, a more detailed Regulatory Alert will be sent to members next week.
EPA Expands Data, Adds Wastewater Treatment Category to Water Security Tool
EPA’s Office of Ground Water and Drinking Water announced this week the expansion of the Water Contaminant Information Tool (WCIT), a secure, online database profiling chemical, biological, and radiological contaminants of concern for drinking water and wastewater utilities. EPA added a comprehensive data set on 45 new contaminants of concern— bringing the total number of contaminants in the database to 93. Moreover, for all 93 contaminants, EPA has expanded the scope of WCIT by including four new data categories, including one for wastewater treatment. The other categories are drinking water treatment, environmental impacts, and infrastructure decontamination. As the Agency noted in its release, improving the data on WCIT “enables water utilities, public health officials and federal, state and local agencies to better plan for and respond to intentional or accidental contamination events.” Wastewater utilities can access the site but, given the sensitivity of the WCIT data, access to the tool is tightly controlled via password-protection. To apply for access to WCIT, visit EPA’s website at http://www.epa.gov/wcit. This and other security developments will be discussed at the Security & Emergency Preparedness Committee meeting on Wednesday, Jan. 31, 2007, from 3:45 - 5:30 pm at NACWA’s Winter Conference in St. Petersburg, Fla.EPA Releases Final 2006 Effluent Guidelines Plan
EPA’s Final 2006 Effluent Guidelines Program Plan, published in the Dec. 21 Federal Register (http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-21825.pdf), does not revise any existing effluent guidelines, but identifies four industrial sectors for future study and potential regulation. The industries being studied for possible future regulation are steam electric power generation, coal mining, coalbed methane extraction, and health services. The study of the health services industry will likely be the most significant for many NACWA members because it will focus on the discharge of pharmaceuticals, endocrine disrupting chemicals, and biohazards from health facilities such as hospitals, dental offices and laboratories, and veterinary clinics. NACWA and key committee leaders will carefully review the plan and issue a Regulatory Alert with more detailed information about its potential implications to clean water agencies.NACWA Meeting with New Congressional Staff Leaders
The 110th Congress will convene Jan. 4 under new leadership in the House and Senate. The appointment of new committee and subcommittee leaders and their staff is an ongoing process that will continue into January. NACWA has been contacting and meeting with new committee staff as they are announced to begin the process of building new relationships to further the Association’s water quality agenda in the new Congress. Of particular note, Ken Kopocis, a veteran of the House Water Resources and Environment Subcommittee, is moving across the Capitol to become deputy staff director for infrastructure on the Senate Environment and Public Works Committee. Ken, who has participated in many NACWA meetings over the years, has a keen understanding of water-related issues and is expected to be a major influence on water quality legislation. Ryan Seiger, who has served as counsel on the Water Resources Subcommittee, will take over as senior counsel and staff director. NACWA encourages its members to contact their congressional delegations – especially the new members – early in the new congressional session to increase their lawmakers’ knowledge of clean water issues.NACWA Winter Conference Hotel Fills Up; Alternative Locations Named
With the block of rooms for NACWA’s Winter Conference at the Renaissance Vinoy in St. Petersburg, Fla., already sold out, NACWA has assembled a list of nearby hotels that may be able to accommodate additional reservations. Please refer to the Dec. 20 Special Addition Member Alert, available on NACWA’s website at http://www.nacwa.org/private/cwc/20061220se.cfm for more information. If you are currently looking to reserve an overflow room at the Hilton St. Petersburg, please note that there has been a change in procedure for this property. The hotel will not have a block of rooms reserved under NACWA; rather, if you would like to reserve a room at the Hilton, please contact Nirah Forman, NACWA’s Director of Meeting & Conferences, at (202) 833.8418 or nforman@nacwa.org.
The Clean Water Current will not be published Dec. 29 because of the holiday break. NACWA extends its warmest wishes to you for a safe and happy holiday season and looks forward to an exciting 2007!