Member Pipeline - Fax Alerts - October 14, 2005
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for the FaxAlert ArchiveOctober 14, 2005
GAO Provides Key Updates on
Unfunded Mandates and New TMDL Reports
NACWA met this week with representatives of the Government Accountability Office's (GAO) Natural Resources and Environment Team on several reports that GAO is currently undertaking in the clean water arena. Significantly, NACWA was informed that an ongoing GAO study on the cost to municipalities of unfunded mandates in the water arena could not be completed because it was simply too complex to calculate the cost of existing and forthcoming regulations under the Clean Water Act (CWA). NACWA had provided significant input into the study through meetings between GAO and leaders of the Association's Regulatory Policy and Water Quality Committees. Instead of its typical detailed report, GAO will provide the Senate Environment & Public Works Committee, which requested the report, with a cover letter and a PowerPoint slideshow outlining some of their findings soon. NACWA will make sure this information is available to members when it becomes available.Additionally, because of the difficulties that resulted from the study on unfunded mandates, GAO is pursuing several more narrowly tailored studies on the challenges and successes associated with the implementation of critical CWA programs. Specifically, NACWA and GAO held a preliminary discussion on the challenges associated with implementing the total maximum daily load (TMDL) program. The discussion focused on critical TMDL-related challenges, including the lack of regulatory controls on nonpoint source polluters and the need to solve the delays caused by the growing permit backlog. The Association and GAO also discussed innovative approaches to dealing with TMDL implementation, including the NACWA-supported efforts to develop an adaptive implementation approach. GAO will likely contact NACWA member agencies regarding site-specific TMDL-related challenges as work on the report continues. GAO is also conducting a similar report on stormwater control but could not provide additional details on this effort. NACWA will work with GAO to ensure these reports fully reflect the priorities of the clean water community.
NACWA Provides EPA with
Comments on Pesticide Registration Review Requirements
NACWA provided EPA’s Office of Pesticide Programs (OPP) with comments (http://www.nacwa.org/getfile.cfm?fn=OPP-2004-0404_NACWACmnts.pdf) on the Agency’s proposed rule regarding procedural regulations for pesticide registration review this week. In its comments, the Association requested EPA thoroughly evaluate the potential for adverse water quality impacts caused by pesticides entering sewers during registration review. NACWA also recommended the need for adequate risk management strategies; prioritization of reviews of pesticides known to impair or threaten water quality; consideration of potential costs to clean water facilities; creation of meaningful stakeholder participation opportunities; and a public comment period of at least 60 calendars days to allow treatment facilities time to adequately review relevant documents and coordinate with other agencies and scientific experts. NACWA will work with the Agency to ensure these comments are incorporated in the final rule.EPA Finalizes Policy for
Electronic Reporting, Incorporates NACWA Comments
EPA signed its Cross-Media Electronic Reporting Rule (CROMERR) (http://www.epa.gov/fedrgstr/EPA-GENERAL/2005/October/Day-13/g19601.htm) this week in an effort to make environmental reporting easier for the regulated community. The rule establishes the legal framework for electronic reporting (ER) under all of EPA’s environmental regulations, including those for clean water agencies. Upon initial review of the rule, NACWA was pleased to note that significant changes were made to EPA’s original proposal, including making the rule less prescriptive and more performance-based – consistent with the Association’s February 27, 2002 comments (http://www.nacwa.org/getfile.cfm?fn=02-27-02CROMERRR.pdf). Significantly, the rule does not apply to records utilities are required to maintain under EPA programs, a provision the Association argued would be unnecessarily burdensome and costly. NACWA staff will complete an in-depth review of the rule and provide members with an update via a Regulatory Alert next week.Make Plans to Attend NACWA’s 2005 Law Seminar
NACWA encourages members to make their hotel plans now for the 2005 Developments in Clean Water Law Seminar. The deadline to receive the discount room rate of $125 double/single for the Seminar is Wednesday, October 19. Visit NACWA’s Conferences & Meetings webpage (http://www.nacwa.org/meetings/05law/) for more information.