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.

October 3, 2008

In this Issue:

• Bail-out Package Contains Additional Spending to Boost the Economy, but Separate Economic Stimulus for Infrastructure Investment Is Unlikely
• WEF Urges House Hearings on Green Infrastructure Mitigation Strategies to Reduce Stormwater Run-off from Transportation Infrastructure
• EPA Releases Climate Change Strategy to Help Manage Water Resources
• Final NPDES General Permit Issued by EPA for Stormwater Discharges From Industrial Activities
• Office of the Inspector General Report Faults EPA Enforcement Strategic Plans
• Office of Inspector General Report Says States Should Give Information on Compliance to SRF Recipients
• EPA Reopens Regional, Headquarters Libraries Closed in 2007
• Members of Congress Propose Goals for Climate Legislation
• EPA Announces Public Comment of BASINS 4.0 Climate Assessment Tool Supporting Documentation and Users Manual
• EPA Smart Growth Program Director Position Available

Bail-out Package Contains Additional Spending to Boost the Economy, but Separate Economic Stimulus for Infrastructure Investment Is Unlikely
The Senate-passed Wall Street Bail-out package contained additional economic incentives to attract more Congressional support, including tax incentives for investments in wind and solar energy technologies. However, a House-passed economic stimulus package containing direct spending on infrastructure investment projects was not included in the package and appears to be dead for the remainder of the Congress.  The House-passed economic stimulus is a stand-alone package containing monies for a range of infrastructure projects, including up to $6.5 billion for the Clean Water State Revolving Fund (SRF).  The Senate did not take action on this measure and is unlikely to do so before it leaves town.  Meanwhile on September 30, President Bush signed an FY08 Continuing Resolution to fund the government through March 2009 at Fiscal Year 2008 levels except for spending for three federal agencies that oversee the country’s military and security needs – Departments of Defense, Homeland Security and Veterans Affairs – which will all receive their FY09 spending allotments.  The CR includes additional monies for disaster relief for recent hurricane victims and a $25 billion loan for the auto industry.  If the House approves the Bail-out package on Friday, Congress will likely recess to return home for the elections though it may return in November for a lame-duck session. 

WEF Urges House Hearings on Green Infrastructure Mitigation Strategies to Reduce Stormwater Run-off from Transportation Infrastructure
WEF joined an array of environmental organizations this week on a letter to House Transportation and Infrastructure Chairman James L. Oberstar (D-MN) and Ranking Member John Mica (R-FL) urging them to hold a hearing on the use of green infrastructure to reduce stormwater runoff from transportation infrastructure.  Congress will consider reauthorization of federal transportation programs in the next Congress.  The letter notes that roads and related infrastructure, such as parking lots, comprise two-thirds of all paved surfaces, and that these hard surfaces are primary sources of stormwater runoff, and that incorporating green infrastructure – such as infiltration swales, rain gardens, permeable pavement – into road designs can help reduce this runoff, while also providing many other environmental benefits.  WEF supported efforts during the last transportation reauthorization battle to authorize a set-aside of up to 2% of transportation dollars to support stormwater mitigation projects.  While the Senate supported the set-aside, the House did not and the provision was not included as part of the final package.  The 111th Congress will again consider legislation reauthorizing federal transportation programs and the requested hearing would help establish the value of stormwater mitigation projects.  WEF has joined with a coalition of 29 organizations to advocate for ah a set aside for stormwater mitigation efforts, including  the National Association of Clean Water Agencies, American Rivers, the Natural Resources Defense Council, Trout Unlimited, and the Chesapeake Bay Foundation. 

EPA Releases  Climate Change Strategy to Help Manage Water Resources
To assist in responding to potential effects of climate change, EPA announced on October 2 a new strategy that focuses on 40 specific actions for the national water program to take to respond to climate change. EPA's "National Water Program Strategy: Response to Climate Change" describes steps for managers to adapt their clean water, drinking water, and ocean protection programs.  EPA water programs are already taking action related to climate change including the WaterSense water efficiency program, green infrastructure for wet weather management, Climate Ready Estuaries, and the proposed national rule for the injection of carbon dioxide underground.  The water strategy identifies specific response actions in five areas:  mitigation of greenhouse gases, adaptation to climate change, research related to water and climate change, education on climate change, and water program management of climate change.  Potential impacts of climate change on water resources reviewed in the strategy include increases in certain water pollution problems, changes in availability of drinking water supplies, and collective impacts on coastal areas. The strategy reflects input provided during a public comment period earlier this year.

EPA has been working with other federal agencies to coordinate work on climate change and water. Recently, EPA issued a joint memorandum with the U.S. Departments of Agriculture, Commerce, Defense, and Interior to describe cooperative efforts on climate change and water issues.  EPA Assistant Administrator for Water Ben Grumbles will be discussing this climate change strategy at WEFTEC in Chicago on Tuesday, October 21 at 1:30 pm during Session 77. For more information on the strategy, visit: http://www.epa.gov/water/climatechange.

Final NPDES General Permit Issued by EPA for Stormwater Discharges From Industrial Activities
EPA announced in the September 29 Federal Register that Regions 1, 2, 3, 5, 6, 9, and 10 finalized EPA's NPDES general permit for stormwater discharges from industrial activity, also referred to as the Multi-Sector General Permit (MSGP). The MSGP consists of thirty four (34) separate Regional EPA permits that may vary from each other based on State or Tribal water quality-based requirements. This permit replaces the existing permits that expired on October 30, 2005. As with the earlier permits, this permit authorizes the discharge of stormwater associated with industrial activities in accordance with the terms and conditions described therein. Industrial dischargers have the choice to seek coverage under an individual permit. An individual permit may be necessary if the discharger cannot meet the terms and conditions or eligibility requirements in the permit. This permit is effective September 29, 2008. EPA will host a Web cast presentation on Wednesday, November 5 from 12 noon to 2 p.m. (Eastern Standard Time) to explain the new permit requirements.  Registration information will be available on http://www.epa.gov/npdes/training two weeks before the Web cast. To view the Federal Register notice, visit: http://www.epa.gov/fedrgstr/EPA-WATER/2008/September/Day-29/w22555.htm.

Office of the Inspector General Report Faults EPA Enforcement Strategic Plans
According to a September 25 report released by EPA’s Office of the Inspector General, EPA Has Initiated Strategic Planning for Priority Enforcement Areas, but Key Elements Still Needed, the agency's enforcement strategic plans are "missing key elements to monitor progress and accomplishments and efficiently utilize agency resources,"  While EPA's strategic plans for air toxics, combined sewer overflows, and mineral processing ably detail environmental benefits and enforcement tools, the Inspector General recommended the agency do more to address performance measures, exit strategies as goals are achieved, and the roles of states in enforcement. According to the White House Office of Management and Budget, performance measures for federal programs should include a target, a time frame to measure performance, methods for leaving the program once the stated goals are achieved, and methods to determine cost efficiency and program effectiveness. None of EPA's Office of Enforcement and Compliance Assurance's three target areas had annual outcome or input measures, and the combined sewer overflows plan did not contain a long-term outcome performance measure. EPA has 90 days to respond to the Inspector General's report and enforcement strategy teams may be issued a policy memo in that time frame directing them to clearly identify strategy goals, input and output measures with targets and time frames, and clearly identifying the roles of states, particularly in addressing combined sewer overflows.  The Inspector General's report on EPA's environmental enforcement priorities is available at http://www.epa.gov/oig/reports/2008/20080925-08-P-0278.pdf.

Office of Inspector General Report Says States Should Give Information on Compliance to SRF Recipients
According to a report released on September 30 by EPA's Office of Inspector General (OIG), states generally comply with federal requirements for monitoring water infrastructure loans and some use innovative techniques to ensure that money from clean water and drinking water revolving funds is used properly.  The report suggested, however, that more states provide recipients with certain information about their federal compliance requirements. According to the OIG, these recipients or borrowers who enter into loan agreements with states include cities, counties, and water districts.  The inspector general conducted the study to determine whether states receiving money from the EPA revolving funds are complying with the Single Audit Act, the Clean Water Act, and the Safe Drinking Water Act.  While the report did not make recommendations, it included practices the inspector general has identified that may benefit certain states. Some dealt with the state revolving fund's technical or project side, such as monitoring construction projects. Others dealt with reviewing and analyzing financial reports.  States are required under the Single Audit Act to provide for the recipients of state revolving fund (SRF) loans certain information on federal awards and compliance requirements for use of the money. States also must monitor the recipients' use of federal funds.

The goal of the monitoring is to ensure that projects meet performance goals and that borrowers spend federal funds in accordance with these laws and regulations, the report said.  The report suggested that EPA require all states to notify borrowers of federal award information to ensure they can comply with the Single Audit Act. The act requires that states inform loan recipients of the Catalogue of Federal Domestic Assistance title and number, award name and number, award year, and name of federal agency.  According to the report, only 10 of 17 states reviewed included this required information in their loan documents.  The EPA Office of Inspector General report, Innovative Techniques for State Monitoring of Revolving Funds Noted, is available at http://www.epa.gov/oig/reports/2008/20080929-08-P-0290.pdf.

EPA Reopens Regional, Headquarters Libraries Closed in 2007
EPA announced on September 30 that it has reopened three regional and two headquarters libraries to agency employees and the public that it had closed in 2007 in a cost-cutting measure that trimmed $2.5 million from the agency's $7 million library budget.  The formerly closed libraries include the Region 5, 6, and 7 facilities in Chicago, Dallas, and Kansas City, Kan., respectively, and the EPA Headquarters and Chemical Libraries in Washington, D.C. They are part of the agency's National Library Network, comprising 26 facilities--including 10 regional libraries.  The announcement follows a July 15 agreement with the American Federation of Government Employees on the closing (73 Fed. Reg. 55,071).  Under the terms of the agreement most of the materials that were removed from the headquarters and chemical libraries, including many of the $300,000 worth of science journals retrieved from management's order to recycle them, will be returned to headquarters and catalogued.  EPA also said staffing, operating hours, or services will be expanded at other library locations--such as on-site professional library staff at the Region 3 satellite library at Fort Meade, Md.  Information on EPA library services and repositories is available at http://www.epa.gov/natlibra/libraries.htm. Information on EPA's National Environmental Publications Internet Site is available at http://www.epa.gov/nscep/.

Members of Congress Propose Goals for Climate Legislation
On October 2, 152 members of Congress sent a letter to House Speaker Nancy Pelosi (D-Calif.) regarding greenhouse gas emissions and future climate bills addressing the threat of global warming. They stated that any comprehensive climate legislation should include a mandatory emissions trading scheme which would cut greenhouse gas emissions to 80 percent below 1990 levels by mid-century, as well as include caps for emissions. Four key goals were outlined in the letter: reduce emissions to avoid dangerous global warming, transition America to a clean energy economy, recognize and minimize any economic impacts from global warming legislation, and aid communities and ecosystems vulnerable to harm from global warming. Any climate legislation would most likely not be proposed until the 111th Congress convenes in January 2009. To view the letter, visit: http://oversight.house.gov/story.asp?ID=2204.

EPA Announces Public Comment of BASINS 4.0 Climate Assessment Tool Supporting Documentation and Users Manual
EPA announced in the October 2 Federal Register a 30-day public comment period for the draft document titled, “BASINS 4.0 Climate Assessment Tool (CAT): Supporting Documentation and Users Manual'' (EPA/600/R-08/088). The document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development. The Office of Research and Development, in partnership with EPA's Office of Water, recently developed a Climate Assessment Tool (CAT) for the Office of Water's BASINS 4.0 watershed modeling system. BASINS CAT provides a flexible set of capabilities for creating user-defined climate change scenarios for assessing the influence of climate variability and change on water quantity and quality using the Hydrologic Simulation Program--FORTRAN (HSPF) watershed model. This report provides documentation and technical user support including a discussion of tool capabilities with hands-on tutorials demonstrating the application of BASINS CAT to a range of problems. BASINS 4.0 (with the BASINS CAT) can be downloaded from EPA's BASINS Web site at:
http://www.epa.gov/waterscience/basins/b3webdwn.htm.  To view the Federal Register notice, visit: http://www.epa.gov/fedrgstr/EPA-IMPACT/2008/October/Day-02/i23247.htm.

EPA Smart Growth Program Director Position Available
EPA is looking for a dynamic smart growth expert to lead their Development, Community, and Environment Division (DCED).   EPA's Smart Growth Program is a nationally recognized source of information, expertise, and examples of cutting edge practices.  The program works closely with The Smart Growth Network, a national coalition of public and private organizations seeking to improve development practices
across the U.S.  The successful candidate will combine in-depth knowledge of smart growth implementation issues; demonstrated experience successfully leading diverse coalitions; excellent analytical and writing skills; impeccable public speaking and consensus-building skills; familiarity with green building issues; strategic planning
experience; and have the skills and experience necessary to manage a highly skilled, interdisciplinary staff of about 20 professionals.  The position is in Washington, DC in the Office of the Administrator, Office of Cross Media Programs.  This is a GS 15 position with a salary range of $115,317 to $149,000.  The current solicitation closes Thursday October 23, 2008.  Any US citizen is eligible to apply.  The announcement (number HQ-OA-DE-2009-0001) is posted on the USAJOBS website (www.usajobs.gov).  It can be accessed by going to that website and typing in the announcement number.

Quote of the Week
I lived what most people call the good life. I was happy, but deep inside I always felt that, with the short amount of time we are given to live and love in this world, we spend too much time loving things instead of people.
- Antonia Brenner

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.