AMSA Testifies During First CWA Hearing of the 105th Congress
AMSA testified during the first Clean Water Act (CWA) hearing of the 105th Congress, which was convened by the House Transportation & Infrastructure Subcommittee on Water Resources & Environment. AMSA Board Member Erwin Odeal, Executive Director, Northeast Ohio Regional Sewer District, represented the Association and presented testimony directed to Clean Water and Drinking Water Infrastructure Needs. Subcommittee Chair Sherwood Boehlert (R-NY) called the hearing to address traditional CWA funding issues as well as the viability of using privatization as a tool to meet current and future CWA needs. A second CWA hearing has been scheduled for April 29 to address wetlands.
The hearings are viewed as both fact finding and educational for the House Transportation & Infrastructure Committee, the largest committee in the House of Representatives. Membership of the committee grew from 63 during the last Congress to 73 this year, with 25 new members. The Water Resources and Environment Subcommittee alone has 34 members.
AMSA's testimony drew heavily on the findings of the Association's recently released 1996 Financial Survey for needs-related information. AMSA highlighted the pay-offs of investing in the national clean water program and urged Members of Congress to continue to provide funding. AMSA also took the opportunity to promote the Association's goal of comprehensive watershed management and linked it to the funding issue. Copies of AMSA's 1997 Financial Survey, Evaluating Privatization: An AMSA Checklist and Managed Competition: Developing & Responding to RFQs and RFPs were forwarded, along with the testimony, to the committee.
AMSA will also submit testimony to the House Appropriations Subcommittee on VA, HUD & Independent Agencies for hearings scheduled on April 30 and May 1. The subcommittee has jurisdiction over the Environmental Protection Agency and has noted particular interest in exploring privatization as an option for expanding capital funding of POTWs. AMSA will include copies of both "checklist" publications with the testimony.
AMSA Weighs in on Biosolids Labeling Bill
Among the legislation being tracked by the Association is H.R.289, sponsored by Representative Jose Serrano (D-NY, Bronx), which would amend the Food, Drug and Cosmetic Act to require the labeling of any food or ingredient that was produced on land which sewage sludge was applied unless application terminated more than one year before the date on which production began. Staff from the National Office met last month with Nadine Berg, a legislative assistant to the Congressman, to discuss the implications of the legislation and the reasoning behind its introduction. It appears that the bill is not a high priority of Representative Serrano's and they don't expect the legislation to see any action. Also attending the meeting were representatives from the Washington, DC office for the City of New York and AMSA member agency New York City Department of Environmental Protection.
Among the co-sponsors of the legislation is Representative Nancy Pelosi (D-CA). In early April, AMSA Treasurer Michele Plá met with Congresswoman Pelosi to share AMSA's concerns regarding the legislation.
EPA Budget Hearings Held by Both Chambers
Both House and Senate appropriators held hearings in mid-April to hear from leadership at the Environmental Protection Agency (EPA) regarding its fiscal year 1998 (FY'98) budget request. Only Agency testimony was invited. To date, the Senate has not announced any plans to hold "stakeholder" hearings regarding the Agency's budget. As noted above, AMSA plans to provide testimony to House appropriators in the near future.
For 1998, the Administration requested a total budget of $7.6 billion for the Agency. This is a 12% increase from FY'97. $750 million of the $900 increase was targeted for accelerating cleanups at Superfund sites. The Agency came under fire during recent House hearings, where Representative Jerry Lewis (R-CA), Chair of the House Appropriations Subcommittee on VA, HUD & Independent Agencies, questioned EPA's priorities in requesting such a substantial increase in Superfund money while moving ahead with potentially costly Clean Air Act proposals on ozone and particulate matter. During questioning, EPA Administrator Carol Browner stated that doubling efforts to cleanup Superfund sites is a major priority of the Agency, and she noted that no final decision had been made on the air rules. There has been very little discussion in committee about the Agency's request for support of the water program.
In the proposal forwarded last February, the Administration requested $2.078 billion for the water program, down from $2.23 billion in 1997. The difference includes a $158 million decrease in the water infrastructure program, $100 million of which is a reduction in funding for both the clean water and drinking water State Revolving Funds (SRF). According to Agency representatives, a sizable portion of the reductions will be offset by requests for funds to assist states in specific water quality areas. The budget request provides a total of $1.8 billion for State Revolving Funds. The Agency has requested $1.075 billion for the Clean Water SRF and $725 million for the Drinking Water SRF. A total of $150 million was requested to address water quality problems along the U.S. - Mexico border, $50 million was requested to bring wastewater treatment to U.S. Colonias settlements along the Texas border, and $15 million was requested to provide assistance to Alaskan rural and native villages. Also requested was $113 million for the construction of wastewater treatment facilities for Boston Harbor, Bristol County, MA, and New Orleans, LA.
The Administration requested $274.9 million for the Agency's Water Quality Program. This is an increase of $2 million over 1997. Some specific provisions include:
$2.0 million for the President's Right-to-Know Initiative to increase public knowledge of the risks to human health from exposure to contaminated water at beaches and to provide accessible comprehensive water quality information to the public;
$2.3 million for an urban revitalization initiative to address cities' special environmental needs;
$3.0 million to support development, revision and promulgation of effluent guidelines that have the greatest potential for reducing risks to public health;
$8.7 million to enhance EPA's capabilities to directly assist specific states in developing watershed level total maximum daily loads; and,
$5 million to increase support of the President's commitment to bolster ongoing nonpoint source pollution control and prevention programs.
Members of the House Appropriation's Committee are expected to consider POTW privatization as they set the Agency's budget for 1998. Last month, AMSA provided comments to the Environmental Protection Agency on a draft paper titled, "Response to Congress on Privatization of Wastewater Facilities." The paper was requested by the House Committee via the committee report accompanying the Agency's 1997 budget legislation. AMSA found the draft paper to be lacking in a number of critical areas and urged the Agency to make significant revisions prior to submitting it to Congress. Based on conversations with Agency staff, it seems that time constraints prevented substantial edits from being made. AMSA will provide the members of the Appropriations Committee with both Evaluating Privatization: An AMSA Checklist and Managed Competition: Evaluating and Responding to RFQs and RFPs, with comments later this month.
Superfund
Reauthorization of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) was identified as a high priority by both House and Senate committees with jurisdiction. In late January, Senators Robert Smith (R-NH) and John Chafee (R-RI) introduced the only comprehensive Superfund reauthorization package to date. S.8, the Superfund Cleanup Acceleration Act of 1997, was the subject of two Senate Environment and Public Works Subcommittee on Superfund, Waste Control and Risk Assessment hearings in March. No action has been reported since then. Additional bills addressing brownfields and other specific Superfund initiatives have also been introduced in the Senate.
Although no comprehensive bill has been introduced on the House side, National Office staff met with professional staff to the House Transportation & Infrastructure Subcommittee on Water Resources & Environment to secure support for AMSA's Superfund amendment. Staff to Chairman Boehlert have reiterated the Chairman's support for the amendment and indicated the Subcommittee's willingness to work toward a bipartisan introduction of AMSA's amendment at the appropriate time. The amendment, which was crafted last year, is as follows:
Proposed Remedy: Amend the statute's definition of "owner/operator" to exclude POTWs.
Amend the definition of "owner or operator" in Section 101 (20) of the Comprehensive Environmental Response, Compensation and Liability Act (33 U.S.C. §9601(20)) by inserting a new subparagraph (E) as follows:
(E) The term "owner or operator" does not include an owner or operator of a publicly owned sewer or publicly owned treatment works as defined in §212(2) of the Federal Water Pollution Control Act. The exclusion in this paragraph shall not apply when a release or threatened release of a hazardous substance from such sewer or treatment works is caused by failure to properly operate and maintain the sewer or treatment works through conduct of the owner or operator which is negligent, grossly negligent, or which constitutes intentional misconduct.
AMSA received some support for POTW Superfund relief from the National League of Cities, the International City/County Management Association, the National Association of Counties, the National Association of Towns and Townships, the U.S. Conference of Mayors, the Municipal Waste Management Association and the American Communities for Cleanup Equity in testimony delivered on behalf of the organizations on March 5 to the Senate Subcommittee. Citing the Washington Suburban Sanitary Commission case, the testimony urged Senators to extend liability relief, similar to that already proposed in the legislation for municipal owners and operators of co-disposal sites, to POTWS. AMSA's proposed amendment provides more comprehensive protection of POTWs and the National Office will continue to work with these organizations as final POTW language is crafted for Superfund reform.
Interstate Waste/Flow Control Legislation
Several bills have been introduced on both the House and Senate side to control the movement of solid waste across state borders and to provide municipalities with flow control authority. AMSA has been carefully watching all legislation for impact on the movement of biosolids. At the time of this writing, no single bill has received particular attention. However, Representative Bob Franks (R-NJ) has introduced legislation that is very similar to a bill that passed the Senate and received significant consideration in the House during the 104th Congress.
ISTEA Legislation Recently Introduced
Legislation to reauthorize the Intermodal Surface Transportation Efficiency Act (ISTEA) was recently introduced in both Chambers. Senator Daniel Patrick Moynihan (D-NY) introduced S.586 on April 15 and Representative Bud Shuster (R-PA) introduced his legislation, H.R.1268, on April 10. These multi-billion dollar authorizations are expected to take up a considerable amount of legislators time over the next few months. The current Act expires on September 30, 1997. The National Office will review both pieces of legislation for impact on water quality, including provisions addressing stormwater run-off. Press accounts indicate that the Moynihan bill has received the endorsement of several environmental organizations, including the Natural Resources Defense Council.
Briefly . . .
Endangered Species
It has been reported that Senators John Chafee (R-RI) and Dirk Kempthorne (R-ID) have bee circulating draft Endangered Species Act Reauthorization legislation among Senate colleagues for reaction. As soon as legislation is introduced the National Office will review it for impact on AMSA member agencies.
Children's Environmental Protection Act
Senator Barbara Boxer (D-CA) and Representative Jim Moran (D-VA) announced plans on April 16 to introduce legislation to protect children from unnecessary and preventable health risks. The proposed Children's Environmental Protection Act of 1997 would require the Environmental Protection Agency to ensure that pollution limits are set at levels that protect children, not average adults.
Senate and House Panels Examine EPA Proposed Air Rules
EPA's proposed standards for ground-level ozone and particulate matter were the topics of several Senate and House hearings in mid-April. The proposed standards are quite strict and would be extremely costly to implement (estimates as high as $8.5 billion/year). Committees are expected to address the scientific issues and EPA compliance with the Small Business Regulatory Enforcement and Fairness Act (SBREFA).
At the National Office . . .
Why Watersheds?
Work continues on AMSA's watershed amendments and Why Watersheds? publication. On April 14, members and AMSA National Office staff met in Washington, DC to refine the watershed amendments. The amendments and the publication are anticipated to be released in July during AMSA's 1997 Summer Conference in Seattle, WA.
Congressional Handbook Forwarded
AMSA's Government Relations Handbook was forwarded to the membership during the last week in April. The Handbook was customized by AMSA National Office staff to assist members in contacting their Congressional Representatives, as well as key staff on Capitol Hill and at EPA headquarters and regions. The special insert pulls out phone numbers, addresses and membership for Congressional committees with jurisdiction over key AMSA issues and provides similar information for EPA's water offices.
AMSA@ . . . Planned for Launch this Summer
The development of AMSA's website, planned for launch during the 1997 Summer Conference, offer considerable opportunity to reach more Members of Congress and Hill staff. The National Office has been discussing options for providing information to the Hill through the website and to promote the Association as a technical resource on water quality issues.
Position Statements Fowarded to Members
AMSA's 1996-1997 Position Statements were forwarded to the membership for final review and approval. Members are expected to approve the statements during the Association's Annual Business Meeting on May 5 in Washington, DC.