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Member Pipeline - Fax Alerts - May 26, 2006

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May 26, 2006

NACWA Testifies in Support of Wet Weather Standards
 This week, NACWA presented testimony (http://www.nacwa.org/getfile.cfm?fn=2006-05-26ORSANCO.pdf) to the Ohio River Valley Water Sanitation Commission (ORSANCO) to support ORSANCO's proposed wet weather standards. NACWA's testimony asserted that wet weather standards — such as those proposed by ORSANCO — are essential to achieving the ultimate goals of the Clean Water Act (CWA) and the U.S. EPA's 1994 Combined Sewer Overflow (CSO) Policy. NACWA emphasized that the proposed wet weather standards: 1) allow all communities along the Ohio River basin to meet appropriate bacteria standards in a practical and cost effective manner; 2) put CSO discharges in perspective with other sources of bacteria; and 3) properly acknowledge that there are times when river flows make it unsuitable for primary contact recreational use. NACWA noted that wet weather standards protect public health while at the same time ensure that wastewater treatment control measures result in meaningful water quality improvements. NACWA's testimony also emphasized the reduced federal and state funding for water quality improvements and the need for a renewed federal-state-local investment in meeting the goals of the CWA. NACWA member agency representative Jeff Eger, of Sanitation District No. 1, Ky., serves as an ORSANCO commissioner.

NACWA Meets with EPA Officials on Mixing Zones
 This week, NACWA met with EPA Assistant Administrator for Water Ben Grumbles, EPA General Counsel Ann Klee, Region 10 Administrator L. Michael Bogert, and others to urge EPA Headquarters to issue a policy statement that reaffirms that mixing zones are legal regulatory tools that lie in the discretion of states. Mixing zones have been under attack in past years -— most recently in the Pacific Northwest. Oregon municipalities have estimated that without mixing zones, increased treatment costs at only four city agencies could reach $2.7 to $3.8 billion. NACWA's Oregon member agencies asked the National Office to complement their efforts back home by bringing the voice of the clean water community to bear on this important issue in Washington, DC. We will report on further developments in this critical area in the May Regulatory Update.

NACWA Continues
Advocacy Efforts in Senate on Security Legislation
 The Senate Environment and Public Works (EPW) Committee successfully marked up The Wastewater Treatment Works Security Act of 2005 (S. 2781), which would provide $200 million in grants through 2010 on a voluntary basis for clean water agencies to assess vulnerabilities and make security enhancements (see the May 12, 2006 FaxAlert at http://www.nacwa.org/private/faxalerts/20060512.cfm for additional information on NACWA’s advocacy efforts in support of this legislation). The Committee’s vote followed party lines, leading to a 10-8 vote in favor of the legislation. The Committee rejected an amendment, also on a 10-8 party line vote, that was offered by Senator James Jeffords (I-VT). The amendment, which NACWA opposed, would have required all wastewater plants to complete vulnerability assessments, site security plans and emergency response plans, while also requiring high-risk facilities to transition from toxic “high risk” chemicals such as chlorine to “feasible alternatives”. Chairman James Inhofe (R-OK) said the amendment would place a “large and undue” financial burden on local governments. An effort by Senator Obama (D-IL) to put a hold on S.2781 until hearings can be held to provide additional information on the progress wastewater treatment plants have made in the security arena was also defeated on a party line vote of 10-8.

NACWA sent a letter (http://www.nacwa.org/getfile.cfm?fn=2006-05-22Inhofe.pdf) to Chairman Inhofe on May 22 in support of S. 2781, noting that it “represents an important step in acknowledging the commitment made by POTWs to both protect the environment and provide continuity of service to the American people.” NACWA expects that Senator Jeffords will place a hold on the bill, as he did last year with similar legislation, which could derail progress on the bill. NACWA will continue to advocate on behalf of this legislation and will provide additional details on S.2781, as well as on Association efforts on chemical security legislation being discussed in the Senate, in its upcoming May Legislative Update.