AMSA Legislative Update November 2004

This edition of the Association of Metropolitan Sewerage Agencies’ (AMSA) Legislative Update, current through December 6, 2004, provides an overview of bills and initiatives of interest to the nation’s publicly owned treatment works (POTWs) in the 108th Congress. For more detailed information regarding AMSA activities related to specific legislation, click on the web links at the end of selected news items, or contact AMSA’s Lee Garrigan at 202/833-4655 or lgarrigan@amsa-cleanwater.org.

AMSA members can track congressional action on individual bills through AMSA’s Bill Tracker. The Tracker provides a direct link from AMSA’s website to congressional websites where bill texts and summaries are posted, allowing members to research relevant federal legislation. The site also includes the status and most recent action taken on all federal legislation through a link to the Library of Congress’ “Thomas” website. To renew or bookmark the Bill Tracker, go to http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

Appropriations

Congress returned to Washington on November 14 after the elections for a lame duck session to raise the debt ceiling, talk about reorganization issues for the 109th Congress and to consider the remaining appropriations bills before returning home for the Thanksgiving holiday. The House reconvened December 6 to wrap-up year-end business and to put the final touches on the $388 billion omnibus spending measure that was not completed when lawmakers adjourned in November.

Congress Cuts Budget for EPA Clean Water Loan Program
Congress appropriated in the final omnibus spending bill a fiscal year (FY) 2005 funding level of $8.08 billion for the U.S. Environmental Protection Agency (EPA), a decrease of $277 million from the FY 2004 budget. The Clean Water State Revolving Fund (CWSRF) program was cut by 20 percent, from $1.35 billion to $1.1 billion, and is subject to a further across-the-board decrease of 0.8 percent, leaving $1.09 billion to fund local wastewater projects in 2005.

Other relevant program funding levels include $843 billion for the Safe Drinking State Revolving Fund, $18 million for making competitive Targeted Watershed grants, of which $8 million is earmarked for Chesapeake Bay projects to demonstrate effective nonpoint source nutrient reduction approaches for small watersheds.

The Water Information Sharing and Analysis Center (Water ISAC) will receive $2 million and another $310 million will be provided for 667 targeted grants to communities for the construction of drinking water, wastewater and stormwater infrastructure and for general water quality protection. Forty-five percent of a project’s cost must be paid for by the grant recipient.

The final appropriations report can be found on AMSA’s Bill Tracker (http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm) by clicking on H.R 5041 under Budget and Appropriations, then click on House Report 108-674.

AMSA Secures Funding for National Biosolids Partnership
Congress appropriated $980,000 in FY 2005 for the National Biosolids Partnership (NBP) to continue work on its environmental management system (EMS) for biosolids programs. The appropriated amount is subject to an across-the-board cut of 0.8 percent. The House Subcommittee on VA-HUD & Independent Agencies and the full House Appropriations Committee included in its version of EPA’s FY 2005 budget $1 million to fund the activities of the NBP. All programs in the VA-HUD appropriations bill were cut by two percent, which reduced the NBP grant to $980,000. Money was tight in the VA-HUD bill due to needed increases in veterans’ health benefits. The Senate, as it has done in previous years, did not include the NBP line-item in its version of the VA-HUD spending bill.

CSO Policy Clarification Retained in Final EPA Budget Bill
AMSA was successful in its request to appropriators to include language in the House VA-HUD and Independent Agencies funding bill, H.R. 5041 (http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm) to clarify section 402(q) of the Clean Water Act (CWA), which requires that permits, orders and decrees “shall conform to” the 1994 CSO policy. EPA’s 1994 Combined Sewer Overflow (CSO) Policy (Policy) directs CSO communities to develop and implement long-term control plans (LTCPs) to retrofit their sewer systems over a period of years. The clarifying language endorses CWA permits as the primary vehicle for imposing LTCP obligations, and places delegated state permitting authorities in the lead for implementation. The FY 2005 EPA appropriations language, which was retained in EPA’s budget in the final omnibus bill, provides the first-ever legislative history on the intended effect of "shall conform to" in CWA § 402(q). This language should be helpful to CSO communities across the nation seeking permits, and seeking the proper balance between state and federal roles overseeing their CSO remediation efforts.

The omnibus bill also included a statement of support by Congress for EPA’s promotion of environmental management systems (EMSs) and urged the agency to examine additional regulatory incentives that could be provided to “organizations” that implement an EMS.

Clean Water Legislation

AMSA Draft Trust Fund Bill Widely Distributed
AMSA released an early draft of its long anticipated trust fund bill via AMSA Legislative Alert 04-5 (http://www.amsa-cleanwater.org/private/legreg/legalrts/la04-5.cfm) in November. The Clean & Safe Water Trust Fund Act of 2005 (Trust Fund Act) and an accompanying bill overview, were sent to AMSA members, WIN member organizations and other stakeholder groups in November for review and response by December 10. The Trust Fund Act was drafted in response to the overwhelming financial needs of local wastewater and water utilities and the lack of available federal funds in the U.S. general treasury to fund existing clean water programs. It is especially timely due to the steady erosion of the federal government’s commitment to clean water in EPA’s fiscal year 2005 budget. The AMSA Clean Water Funding Task Force has been supporting this effort for two years. AMSA encourages its members to read the draft bill and provide comments by December 10, 2004 to Lee Garrigan at lgarrigan@amsa-cleanwater.org or by fax to 202/833-4657.

Bill Calls for National Commission on Infrastructure
Two members of the Senate Environment and Public Works Committee have introduced a broad-ranging bill that would establish a National Commission on the Infrastructure of the United States to carry out a study of the state of infrastructure in America. Retiring Senator Bob Graham of Florida (D) and Senator George Voinovich of Ohio (R) introduced S. 2993, the “National Infrastructure Improvement Act of 2004” (http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm) in response to recent disagreements in both bodies of Congress and the Administration over the appropriate level of federal expenditures for surface transportation and highways. In remarks on the Senate floor, Senator Graham said the real issue goes beyond the highway funding dispute and reveals a need to assess all of the needs of America’s infrastructure.

Graham said, “The reality is that our nation is in the midst of an infrastructure crisis. In almost every one of these areas (including water and sewer systems), America is losing ground at an alarming pace and inadequate funding on the part of the federal government is the leading cause.”

The new commission would assess the problems and recommend solutions. There is no indication whether Senator Voinovich will reintroduce the bill in the new, 109th Congress next year.

Environmental Protection

Senate Confirms EPA Water Administrator
Just prior to the Thanksgiving holiday, the U.S. Senate confirmed President George W. Bush’s nominee to head EPA’s Office of Water. Benjamin Grumbles, who has been acting in the post since the departure last year of Tracy Mehan, has won an appointment as Assistant Administrator. Also confirmed were Stephen Johnson as Deputy Administrator, Ann Klee as General Counsel, and Charles Johnson as the Chief Financial Officer.

Bill Seeks to Outlaw Blending by Stopping EPA Guidance
A Michigan congressman has taken aim at the practice of blending and introduced a bill that seeks to bar the Administrator of EPA from promulgating regulations or issuing guidance that would authorize a publicly owned treatment works to divert flows to bypass a portion of its treatment facility. H.R. 5421, Save Our Water From Sewage Act of 2004, was introduced by Rep. Bart Stupak (D-MI) in response to EPA’s November 2003 draft guidance that would allow publicly owned wastewater treatment facilities to blend during heavy rains. Stupak says he intends to fight for the bill and will reintroduce it in the 109th Congress next year.

Stupak was one of 58 Members of Congress that signed a letter earlier this year to EPA Administrator Mike Leavitt in opposition to the guidance. The bill will expire this year when the 108th Congress adjourns. AMSA will send a letter to Rep. Stupak explaining the municipal need for a final blending guidance and will ask him to refrain from reintroducing his bill next year. AMSA members and staff also have scheduled a December meeting with EPA Assistant Administrator of Water Benjamin Grumbles to discuss the agency’s progress on issuing the guidance. A copy of the two-page bill can be found under Environmental Protection on AMSA’s Bill Tracker (http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm).