| This Week in Washington is a weekly publication of the Water Environment Federation’s Government Affairs department. It provides updates on the latest legislative and regulatory developments that affect the water and wastewater communities. |
|
 |
November 21, 2008
In this Issue:
• House Lawmakers Eye Omnibus to Speed 2009 Spending, Policy Priorities
• Obama Transition Office Announces Teams To Review Operations at EPA
• Rep. Henry Waxman Unseats Rep. John Dingell as Energy and Commerce Chairman
• Waterkeeper Alliance Issues Blueprint for Clean Water Recommendations for Obama Administration
• EPA Revises NPDES Permit Regulation and Effluent Limitations Guidelines for Concentrated Animal Feeding Operations in Response to Waterkeeper Decision
• EPA Publishes Draft TMDLs to Stormwater Permits Handbook
• Proposed Guidelines to Control Pollution from Construction Sites
• 2008 Performance and Accountability Report Lists Environmental Progress
• State, Local Governments Get More Say in Federal Environmental Decision-Making
• New EPA Rule Designed to Improve Environmental Performance of Academic Labs
• EPA and 14 National Organizations Sign Agreement to Help Improve Water Quality
• EPA Seeks Public Comment on Proposal to Add Hazardous Pharmaceutical Waste to Universal Waste Rule
• WEF Honored as a "Green" Leader among Washington, DC Nonprofit Organizations
House Lawmakers Eye Omnibus to Speed 2009 Spending, Policy Priorities
According to a statement issued on November 18 by Interior Appropriations Subcommittee Chairman Norm Dicks (D-Wash.), House appropriators plan to craft a fiscal 2009 omnibus package that President-elect Barack Obama could sign early next year -- a move that could ease attempts to increase funding or roll back Bush-era regulations, The omnibus would deal with the nine remaining spending bills that the House and Senate did not pass this year. Facing veto threats from President Bush over any increased spending, Democrats opted to fund federal agencies for 2009 under a continuing resolution that continues at 2008 levels through early March. By carrying out next year's funding through an omnibus, rather than another long-term continuing resolution, lawmakers will have an opportunity to direct funding increases to certain accounts and to add in policy directives. Dicks said the omnibus could potentially try to reverse some controversial Bush administration regulations by blocking funding for their implementation.
An omnibus would also allow Democrats to restore some of the spending increases they fought for at the committee level -- including increased funding for wildlife refuges, farmland conservation, and key water and air programs that were drastically cut in the Bush administration's budget proposal. Senate appropriations plans are less clear. Sen. Patty Murray (D-Wash.), a prominent member of the panel, said on November 18 that lawmakers are still weighing their options for finishing out the fiscal 2009 measures. It has been several years since lawmakers passed each appropriations bill individually. For fiscal 2008, lawmakers lumped all the domestic spending bills together in one omnibus appropriations measure. And two years ago, they funded federal agencies through a long-term continuing resolution (CR). The CR that Congress passed in September covers all of fiscal 2009 spending bills excluding Defense, Homeland Security and Military Construction-Veterans Affairs. The rest of the federal government will need Congress to take action before the measure expires on March 6 in order to continue operation.
Obama Transition Office Announces Team To Review Operations at EPA
President-elect Obama's transition office announced on November 14 the appointment of agency review teams that will conduct a review of key departments, agencies, and executive offices, including EPA and other natural resources agencies. The teams will provide Obama, Vice President-elect Joe Biden, and their advisers with information to make strategic policy, budgetary, and personnel decisions prior to the inauguration. The EPA review team includes Lisa Jackson, Robert Sussman, and Cecilia Estolano. Lisa Jackson who was appointed in 2006 by Gov. Jon Corzine (D-N.J.) to lead New Jersey's Department of Environmental Protection. Corzine recently appointed her to become his chief of staff. She also served as Corzine's environmental aide when he was a U.S. senator. EPA review team member Robert Sussman is a senior fellow at the Center for American Progress. During the Clinton administration, Sussman served as an EPA deputy administrator, taking a leading role on issues including superfund, global warming, science policy, and the North American Free Trade Agreement. Cecilia V. Estolano is the chief executive officer of the Community Redevelopment Agency of Los Angeles. Prior to joining the agency, Estolano practiced land use and environmental law at Gibson, Dunn & Crutcher. She has served as a special assistant to the Los Angeles city attorney, a senior policy adviser to the assistant administrator of EPA for air and radiation, and a member of the California Coastal Commission.
Rep. Henry Waxman Unseats Rep. John Dingell as Energy and Commerce Chairman
Rep. Henry Waxman (D-Calif.) is the new chairman of the House Energy and Commerce Committee. Waxman ousted longtime Chairman John Dingell (D-Mich.), 137-122, in a secret ballot vote of the entire House Democratic Caucus on November 20. The House Steering and Policy Committee endorsed Waxman by a 25-22 vote on November 19. With Waxman's victory, he is expected to bring a liberal voice to the podium as he crafts energy and environmental legislation for the incoming Obama administration. Waxman has not given many details of his proposed agenda, but a clear look at his record suggests he will pursue aggressive pollution cleanup for all industrial sectors, as well as some of the most aggressive limits for U.S. business as it embarks on a first-ever mandatory program to curb heat-trapping greenhouse gas emissions. Some of Waxman's biggest legislative accomplishments on the environment stretch back to before Republicans won control of Congress in 1994. He fought Dingell and the Reagan administration in the 1980s over efforts to weaken automobile emission standards. And during the 1990 Clean Air Act amendments debate, Waxman clashed with Dingell while serving as chair of the Health and Environment Subcommittee.
Waterkeeper Alliance Issues Blueprint for Clean Water Recommendations for Obama Administration
The Waterkeeper Alliance -- the environmental group founded by Robert Kennedy, Jr., reportedly under consideration by the Obama transition team to head EPA -- has developed a broad set of recommendations for how the next administration should clean up the nation's waters. The report, A Blueprint for Clean Water, calls for reversing scores of actions by the outgoing Bush administration and then implementing an aggressive agenda to limit water pollution and protect water resources. The paper suggests policy changes on 33 topics, including clarifying the scope of the Clean Water Act over isolated waters, prioritizing permitting of ships' ballast discharges, stricter controls on pharmaceuticals in drinking water, non-point sources, mining and oil and gas issues, sewage and stormwater and other measures.
Among the sweeping recommendations, the paper pushes for Congress to create a Clean Water Trust Fund to finance clean water infrastructure projects; end EPA's use of 301(h) waivers that excuse wastewater treatment plants from secondary treatment; create stringent controls for nutrients, pesticides and pharmaceuticals in water; and treat factory farms as industrial polluters. The group pushes for a boost to enforcement resources and a restructuring of the office to encourage more even standards across the country, a net-gain wetlands policy and impaired waters listing for beaches. To view the Blueprint for Clean Water Report, visit: http://www.insideepa.com/secure/data_extra/dir_08/epa2008_1806.pdf.
EPA Revises NPDES Permit Regulation and Effluent Limitations Guidelines for Concentrated Animal Feeding Operations in Response to Waterkeeper Decision
EPA announced in the November 20 Federal Register that it is revising the National Pollutant Discharge Elimination System (NPDES) permitting requirements and Effluent Limitations Guidelines and Standards (ELGs) for concentrated animal feeding operations (CAFOs) in response to the order issued by the U.S. Court of Appeals for the Second Circuit in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2d Cir. 2005). This final rule responds to the court order while furthering the statutory goal of restoring and maintaining the nation's water quality by ensuring that CAFOs properly manage manure generated by their operations. This final rule revises several aspects of EPA's current regulations governing discharges from CAFOs. EPA is modifying the requirement to apply for a permit by specifying that an owner or operator of a CAFO that discharges or proposes to discharge must apply for an NPDES permit. The final rule also includes an option for an unpermitted CAFO to certify to the permitting authority that the CAFO
does not discharge or propose to discharge.
In addition, EPA is clarifying how the agricultural stormwater discharge exemption criteria are interpreted for unpermitted Large CAFOs. EPA is also requiring CAFOs seeking permit coverage to submit their nutrient management plans (NMPs) with their applications for individual permits or notices of intent to be authorized under general permits. Permitting authorities are required to review the NMPs and provide the public with an opportunity for meaningful public review and comment. Permitting authorities are also required to incorporate terms of NMPs as NPDES permit conditions. Additionally, this action removes the provision that allowed CAFOs to use a 100-year, 24-hour containment structure to fulfill the no discharge requirement for new source swine, poultry, and veal calf operations. Instead, this action authorizes permit writers, upon request by swine, poultry, and veal calf CAFOs that are new sources, to establish best management practice no discharge effluent limitations when the facility demonstrates that it has designed an open containment system that will comply with the no discharge requirements.
This final rule also responds to the court's remand orders regarding water quality-based effluent limitations (WQBELs) and pathogens. EPA is clarifying that WQBELs may be required in permits with respect to production area discharges and discharges from land application areas that are not exempt as agricultural stormwater. Finally, EPA is making the finding that the best conventional technology (BCT) limitations established in 2003 also apply to fecal coliform. These final regulations are effective December 22, 2008. To view the Federal Register notice, visit: http://www.epa.gov/fedrgstr/EPA-WATER/2008/November/Day-20/w26620.htm.
EPA Publishes Draft TMDLs to Stormwater Permits Handbook
EPA's Office of Wetlands, Oceans and Watersheds (OWOW) and Office of Wastewater Management (OWM) have jointly issued a Draft "TMDLs to Stormwater Handbook," available for public comment starting this week at: http://www.epa.gov/owow/tmdl/stormwater/#tmdlresources. According to Assistant Administrator for Water Benjamin H. Grumbles. "This Draft Handbook is an important new tool to connect key regulatory and monitoring programs under the Clean Water Act and reduce impairments. We look forward to strengthening this draft with input from interested stakeholders who share our goal of protecting and restoring the nation's waters."
Currently there are thousands of Clean Water Act section 303(d) waters listed as impaired for stormwater-source pollutants such as pathogens, nutrients, sediments and metals. This Draft Handbook provides a technical reference for TMDL practitioners and permit writers on current methods being used to develop more detailed stormwater-source TMDL allocations, TMDL implementation plans including best management practices, and methods for translating TMDL allocations into NPDES stormwater permit requirements. The Handbook also provides background information on the components of these programs, but assumes that the reader has a working knowledge of both TMDLs and NPDES stormwater permits.
Proposed Guidelines to Control Pollution from Construction Sites
EPA announced on November 19 that it is seeking comments on its proposed guidelines to control the discharge of pollutants from construction sites. The proposal would require all construction sites to implement erosion and sediment control best management practices to reduce pollutants in stormwater discharges. In addition, for certain large sites located in areas of the country with high rainfall intensity and soils with high clay content, stormwater discharges from the construction site would be required to meet a numeric limit on the allowable level of turbidity, which is a measure of sediment in the water. In order to meet the proposed numeric turbidity limit, many sites would need to treat and filter their stormwater discharges. Construction activities such as clearing, excavating and grading significantly disturb the land. The disturbed soil, if not managed properly, can easily be washed off the construction site during storms and enter streams, lakes, and other waters. Stormwater discharges from construction activities can cause an array of physical, chemical and biological impacts. Sediment is one of the leading causes of water quality impairment nationwide, including reducing water depth in small streams, lakes and reservoirs. For more information on the proposal, visit: http://www.epa.gov/ost/guide/construction/.
2008 Performance and Accountability Report Lists Environmental Progress
A new report released on November 17 describes EPA’s environmental and financial progress over the past year. The Performance and Accountability report highlights the agency’s efforts to dramatically reduce air pollution, improve water quality, make significant strides in cleaning up Superfund sites, increase health and environmental safety through pesticide and chemical evaluation, and avoid pollution through strong enforcement actions in fiscal year 2008. The report was delivered to President Bush and Congress, meeting the requirements of the Government Performance and Results Act and other management-related statutes. The 1993 GPRA requires federal agencies to report to Congress annually on the results of their activities during the fiscal year. To view the 2008 Performance and Accountability Report, visit: http://www.epa.gov/ocfo/par/2008par/index.htm.
State, Local Governments Get More Say in Federal Environmental Decision-Making
Answering the call of state and local governments to give them more involvement in the development of federal environmental rules, EPA announced on November 19 a new policy to broaden its consulting efforts with intergovernmental partners when new regulations and policies cost more than $25 million each. This is a significant lowering of the previous consultation threshold of $100 million. EPA’s new policy updates existing policy that was put in place to carry out Executive Order 13132, Federalism. The order requires the federal government to consult with elected state and local government officials before proposing regulations or actions that have substantial direct effects below the national level, either by virtue of their implementation costs or their preemption of state or local authority.
When the order was first issued in 1999, EPA and other federal agencies adopted an interpretation of “substantial direct effects” consistent with the Unfunded Mandates Reform Act (UMRA), a 1995 law that set the state and local consultation threshold at $100 million per rule. Based on its experience in conducting rulemakings over the last several years, EPA has determined a need for state and local input on a wider range of regulations and is lowering the consultation threshold to $25 million. EPA’s action comes at a time when state and local officials are calling for a stronger working relationship with their federal partners in solving many of today’s major environmental challenges. The National Governors Association, the National Conference of State Legislatures, the Council of State Governments, the National Association of Counties, the National League of Cities, the International City/County Management Association and the U.S. Conference of Mayors recently issued a joint statement urging the incoming Administration to “adopt a policy of constructive engagement” and to “cooperate and consult with state and local leaders.” These seven associations, along with three others (National Association of Towns and Townships, County Executives of America, and Environmental Council of the States), constitute the group of 10 organizations with whom EPA will consult under its new Federalism policy. For more information on how EPA develops regulations, visit: http://www.epa.gov/lawsregs/index.html. To view Executive Order 13132: Federalism, visit: http://www.epa.gov/fedreg/eo/eo13132.htm.
New EPA Rule Designed to Improve Environmental Performance of Academic Labs
EPA announced on November 18 that it has finalized the Academic Laboratory rule to help improve the environmental performance of teaching and research laboratories owned by eligible academic entities. This rule provides increased regulatory flexibility, while enhancing safe management of hazardous waste. Eligible academic entities include colleges and universities, and teaching hospitals and nonprofit research institutes that are either owned by or formally affiliated with a college or university. Eligible academic entities will be able to decide where (at the laboratory, at an on-site central accumulation area, or at an on-site treatment, storage or disposal facility) the hazardous waste determination is made. They also must ensure that certain conditions are met to protect human health and the environment. This flexibility not only allows eligible academic entities to determine the most effective and environmentally protective method of compliance, but it also ensures that a Resource, Conservation & Recovery Act (RCRA)-trained professional will be making the hazardous waste determination.
The rule requires the development of a laboratory management plan, which is expected to result in safer laboratory practices and increased awareness of hazardous waste management. In addition, the rule provides incentives for eligible academic entities to dispose of old and expired chemicals that may pose unnecessary risk. For more information on the Academic Laboratory Rule, please visit: http://www.epa.gov/osw/hazard/generation/labwaste/.
EPA and 14 National Organizations Sign Agreement to Help Improve Water Quality
EPA announced on November 20 that wastewater treatment systems serving 25 million homes across the country will be improved, thanks to an agreement among EPA and 14 national organizations. The organizations will work together to improve management of septic wastewater systems by exchanging information and providing technical assistance to their members, states and local municipalities. Nearly one quarter of the nation’s housing and commercial development depend on onsite and septic wastewater treatment systems. When properly sited, designed, and maintained, these systems perform at a high level. However, between 10 and 20 percent fail each year, posing a great threat to surface and groundwater. Malfunctioning systems are the second greatest threat to groundwater quality in the United States. More information on EPA's wastewater treatment system program: http://epa.gov/owm/septic.
EPA Seeks Public Comment on Proposal to Add Hazardous Pharmaceutical Waste to Universal Waste Rule
EPA announced on November 20 that it is proposing to add hazardous pharmaceutical waste to the Universal Waste Rule in an effort to help provide a streamlined system for disposing of hazardous pharmaceutical waste that is protective of public health and the environment.. The proposed rule encourages generators to dispose of pharmaceutical waste that is classified as non-hazardous under the Resource Conservation and Recovery Act as universal waste. The proposal will also facilitate the collection of personal medications that are classified as household hazardous waste so they can be managed properly. The proposed rule applies to pharmacies, hospitals, physicians’ offices, dentists’ offices, outpatient care centers, ambulatory health care services, residential care facilities, and veterinary clinics, as well as other facilities that generate hazardous pharmaceutical waste. It does not apply to pharmaceutical manufacturing or production facilities.
Currently the federal Universal Waste Rule includes batteries, pesticides, mercury-containing equipment, and lamps. Universal wastes typically are generated in a wide variety of settings including industrial settings and households, by many sectors of society, and may be present in significant volumes in non-hazardous waste management systems. Comments will be accepted for 60 days following publication in the Federal Register, which is expected within two weeks. Information on the proposed rule: http://www.epa.gov/epawaste/hazard/wastetypes/universal/pharm.htm.
WEF Honored as a "Green" Leader among Washington, DC Nonprofit Organizations
WEF recently was honored with a 2008 Green Leadership Award from Bisnow on Business, a regional trade publication, in partnership the U.S. Green Building Council, the George Washington University, and the Sustainable Business Network of Washington, in recognition for WEF’s efforts to promote sustainability and energy efficiency. The first annual award was given to 20 organizations in five categories—associations, real estate, legal, tech, and medical—that have implemented green initiatives and are leading the way to sustainability in the Washington, D.C. metro region. WEF is now in the third phase of its Low Carb(on) Diet program aimed at reducing the organization’s carbon footprint through individual and organizational actions and ultimately helping other organizations in our sector with similar efforts. The first phase focused on WEF’s building and facilities. The second phase engaged WEF staff and visitors to their building through an educational outreach program.
WEF cut its electricity consumption in half after making upgrades to its heating and cooling systems, including replacing rooftop units and thermostats and sealing all windows to prevent heat loss and gain. The Federation also is installing a new energy management system that will allow real-time, online controls of HVAC and lighting to allow for downtime, seasonal adjustments, and better control in individual areas. Books, journals, magazines, newsletters, and other publications are the backbone of WEF’s goal to educate its members. To reduce the environmental effects of producing these items, many have either been scaled back or are being produced digitally. Those items that are still printed are produced on post-consumer, recycled-content paper. Proceedings for WEF’s annual conference, which draws nearly 22,000 attendees, have been produced on CD-ROM for several years.
WEF recycles all paper, cardboard, glass, metals, and other materials. Trash bins have been removed from under employee’s desks and replaced with recycling bins; non-recyclable trash needs to be placed in centrally located “wet” bins. Other efforts include: Green Seal certified cleaning products in use since 2005, incentives for employees to use mass transit. bicycle racks and showers for employees who commute by bike, flexible work schedules to reduce commuting times, minimum 30% post-consumer recycled paper in all copiers and printers, all Xerox machines are Energy Star qualified and leased for easy upgraded, all Xerox printers/copiers toner cartridges are recycled and returned for refill; and use of low-emissions paint and construction materials.
Other large-scale projects in the works include a green roof and green terrace, which will help to reduce stormwater runoff, reduce energy consumption, and help to absorb carbon from the atmosphere. The green roof will extend the life of the roof to 40 years compared to 10 to 15 for a standard roof. The terrace will provide an outdoor area with tables and paths for employees to enjoy. WEF also has committed to helping others reduce their environmental effects. To educate our members on technical issues, WEF has developed a Community of Practice on Sustainability and has launched the annual Sustainability Conference, both of which are geared toward helping businesses and organizations in the water business to improve the sustainability of the entire water sector, from how business is conducted in offices through implementation of projects in the field.
Quote of the Week
What counts is not necessarily the size of the dog in the fight - it's the size of the fight in the dog.
- Dwight D. Eisenhower (1890 - 1969), speech to the Republican National Committee, January 31, 1958
Note: This Week in Washington will be on hiatus next week in observance of the Thanksgiving Day holiday. TWIW will resume publication on December 5. Have a safe and enjoyable holiday!
This Week in Washington is provided by the Water Environment Federation, Alexandria, VA and is available on-line at www.wef.org/GovernmentAffairs/TWIW. To receive by e-mail, contact Sam Hadeed at shadeed@wef.org.