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Clean Water Advocacy - Newsroom - NACWA in the News

Stupak Will Lead Bipartisan Attack on EPA Wastewater Language

Tasha Eichenseher and Darren Samuelsohn, E&E Daily reporters

As the House Appropriations Committee heads into today's markup of the U.S. EPA's fiscal year 2006 spending measure, Rep. Bart Stupak (D-Mich.) yesterday confirmed he intends to introduce an amendment that would prevent EPA from issuing new guidance on a controversial method for treating sewage during storm events.

Stupak said he and Rep. Clay Shaw (R-Fla.) plan to offer the amendment next week when the full House takes up the spending bill for EPA, which also funds the Interior Department and U.S. Forest Service.

Wastewater management is expected to be a primary focus of the markup and full floor debate, as the new House Interior and Environment Appropriations Subcommittee last week approved a $240 million cut to the EPA's Clean Water State Revolving Loan Fund. The CWSRF provides seed money for local wastewater infrastructure upgrades and repairs.

Cuts to the fund were the sharpest in EPA's budget under the House plan, with the wastewater program shrinking from just over $1 billion last year down to $850 million.

The federal government has estimated a funding gap of more than $300 billion over the next 20 years to bring aging wastewater infrastructure up to date and help communities and facility managers comply with water quality standards. Others have estimated that number as high as $1 trillion over the next 20 years.

With funding so tight this budget cycle, in part because of a restructuring of the appropriations process which now pits EPA against Interior and the Forest Service for limited dollars, some Hill Democrats have indicated that Stupak's amendment is a means of drawing attention to the wastewater infrastructure issue without forcing a tedious debate over money.

On the other hand, aides to key Hill Democrats last week said they may have success increasing the popular loan program for wastewater treatment plant infrastructure if they can find offsets in the same spending bill that do not adversely affect other programs.

The blending debate
Stupak's amendment would link infrastructure funding shortages to a controversial method of wastewater management called blending or bypass -- a process in which facility operators skip a secondary treatment step and mix untreated and treated wastewater to manage flows during peak storm events.

The need for blending is the result of outdated infrastructure that is either no longer extensive enough to serve a growing population or is suffering from corrosion and leaks. Both problems can result in a lack of capacity to store and treat wastewater when sewer systems are flooded by rain.

During a Transportation and Infrastructure subcommittee hearing last month on sewage blending, local government officials said they have allowed the practice for years and argued it can be an effective and safe way of dealing with wastewater.

In November 2003, EPA proposed a blending policy that codified blending treatment under certain conditions as long as discharges met all Clean Water Act standards. The public comment period for the proposed policy ended in February 2004. According to EPA, the agency is in the process of analyzing the more than 98,000 comments it received. The proposed policy says that blending is allowed under certain conditions as long as all end-of-pipe discharges meet Clean Water Act standards.

But environmentalists and bipartisan coalitions of senators and representatives have said the practice of sewage blending is a violation of the CWA and endangers public health and the environment by releasing raw sewage and its associated bacteria.

Eliminating secondary treatment results in water "filled with viruses, parasites and nutrients," said Nancy Stoner, an attorney with the Natural Resources Defense Council.

"We think that practice should be discouraged and only allowed when there is no feasible alternative," Stoner said.

EPA is trying to define blending as something else so that it will not be under the jurisdiction of the "bypass" rule, Stoner added, arguing that according to EPA's figures, under current wastewater management practices, there will be as much sewage in the nation's waterways by 2025 as there was in 1968 before passage of Clean Water Act.

The industry has said that without blending, facilities nationwide would have to pay up to $200 billion for upgrades that are not necessary.

Ken Kirk, executive director of the National Association of Clean Water Agencies, formerly the Association of Metropolitan Sewerage Agencies, contends that overflows during storm events are hard to address by expanding facility capacity and that eliminating blending will result in more sewage discharges, not less.

"It's a long-standing practice that has been supported by the EPA and is necessary during peak weather events," he said. "There is a critical infrastructure crisis before us and, if anything, blending highlights the need to focus our attention on wet weather [issues]."

EPA said it proposed guidance on the matter "in response to confusion over Clean Water Act requirements for blended wet weather discharges from sewage treatment plants." A decision by EPA's office in Philadelphia to bar blending prompted Pennsylvania wastewater treatment plants to sue the agency. Although the federal district court overseeing Pennsylvania largely upheld the practice of blending in a decision last year, the plaintiffs have appealed it to the U.S. Circuit Court of Appeals for the District of Columbia. Oral arguments are expected this month (E&E Daily, April 11).

At the heart of the issue for many is a lack of information on and standards for pathogens, including cryptosporidium and giardia, in the nation's waterways. Joan Rose, a professor in public health at Michigan State University, testified before a Transportation and Infrastructure subcommittee that more studies are needed to link wastewater effluent from blending to human health.

NRDC's Stoner contends that part of the problem is that blended effluent may meet existing water quality standards, but those standards do not cover the pathogens found in wastewater. Both have described blending as a risk to human health (E&E Daily, April 14, 2005).

Stupak's solution
Stupak said he plans to offer H.R. 1126, which he introduced in March, as an amendment to the spending bill.

The "Save Our Waters From Sewage Act" would block EPA from implementing their proposal to allow blending by amending the Federal Water Pollution Control Act to prohibit a wastewater facility from diverting flows from the treatment facility with the exception of unavoidable situations or when the facility warns the public of the bypass.

A Stupak spokesperson said the amendment would block spending for EPA's proposed guidance, a common strategy used to halt policy changes.

"This is an important issue, especially in the Great Lakes, where there are 400 cities dumping 400 billion gallons of sewage a year," Stupak said, adding that releases destroy aquaculture, the environment and tourism.

With nearly 90 bipartisan cosponsors at this point and a chance to testify on the issue in front of Transportation and Infrastructure Water Resources and Environment Subcommittee Chairman John Duncan (R-Tenn.), Stupak said he is encouraged and expects at least one more hearing.

In February, the congressman joined 134 other members of the House of Representatives in sending a letter to acting EPA Administrator Stephen Johnson in opposition of blending.

"The proposed guidance is inconsistent with sewage treatment standards," the members wrote. "It would undo many of the public health and environmental gains achieved over the last 30 years under the Clean Water Act."

Twenty-five Republicans signed the letter. Last December, Senate Democrats and independent Sen. Jim Jeffords of Vermont wrote a similar letter to EPA. Stupak said the agency did not address the concerns raised in the letter, saying they were still reviewing the policy (E&E Daily, Feb. 23).

Democrats have said the overall House GOP budget is the cause for the wastewater shortfall. The wastewater loan fund, they note, has been reduced almost $500 million over the last two fiscal years by tightfisted Republican budget writers (E&E Daily, May 5).

Today, the Appropriations Committee is considering a $26.2 billion spending bill that includes $7.71 billion for EPA. The EPA budget was a cut from its $8.02 billion funding level for FY '05, but House Republican leaders were also quick to note that their bill is $187 million above President Bush's proposal of $7.52 billion (E&E Daily, May 9).