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TWIW - October 31, 2008

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 31, 2008

In this Issue:

Economic Stimulus Package Could Include Funding for Water Projects; WEF Letter Encourages Congressional Support
Last month, the House of Representatives approved a $60-billion bill that sought to provide a total of $7.5 billion for EPA water programs, including $6.5 billion for EPA's clean water state revolving loan fund and $1 billion for the drinking water revolving loan fund. Of that, EPA had discretion to use 1.5 percent for grants. But a related measure in the Senate stalled delaying consideration of the issue. Since then, key House lawmakers have said they plan to take up a new measure that will spend $150 billion or more to jump-start the economy. At a hearing before the House Transportation & Infrastructure Committee October 29, Chairman James Oberstar (D-MN) said the House plans to introduce an economic stimulus package that includes infrastructure investment at the opening of the post-election session.  

Key groups called on lawmakers to significantly increase the water funds beyond the levels included in the earlier bill.  The U.S. Conference of Mayors, for example, called for $18.75 billion in direct grants to cities to help rehabilitate aging water and sewer infrastructure, comply with EPA sewer overflow requirements and promote source water protection and availability. Committee Chairman James Oberstar (D-MN) vowed to widely distribute the group's material in the House. State environment officials suggested that Congress should provide an additional $6.5 billion in EPA clean water loan funds beyond the $7.5 billion included in the earlier bill. The National Association of Clean Water Agencies is calling on Congress to boost clean water funding levels by $3.5 billion over the previous amount. NACWA sent an October 15 letter to Democratic leaders seeking a total of $10 billion for clean water infrastructure and identified specifics for $3 billion in ready-to-go infrastructure projects. NACWA is asking for “a more significant grant or negative interest loan component that will make funds more attractive to communities that have been hit hard by the economic downturn.”  Citing the NACWA-identified projects, WEF sent a letter to Congress on October 28 urging Congress to include wastewater infrastructure funding in a stimulus package.

GAO Report Finds Value of Enforcement Actions Overstated by EPA
According to a report to Congress from the Government Accountability Office (GAO) released October 21, EPA has exaggerated the fines levied against polluters as the value of penalties paid has tumbled in the past 10 years, The report, Environmental Enforcement: EPA Needs to Improve the Accuracy and Transparency of Measures Used to Report on Program Effectiveness, was requested by Reps. John D. Dingell (D-Mich.), chairman of the House Committee on Energy and Commerce, and Bart Stupak (D-Mich.), chairman of the Energy and Commerce Subcommittee on Oversight and Investigations. The Democrats asked GAO to analyze how EPA calculates and reports civil and criminal penalties, and the value of injunctive relief and pollution reduction when reporting enforcement outcomes.

The total value of penalties assessed on polluters by EPA, when adjusted for inflation, fell from $240.6 million in 1998 to $137.7 million in 2007, according to GAO. The report found that the agency overstated the impact of its enforcement program by reporting the penalties levied rather than the funds actually collected by the Treasury. EPA also understated past accomplishments by reporting only the nominal values of past penalties rather than adjusting them for inflation and excluding the amounts paid to states, making past enforcement actions appear smaller than they really were, according to GAO.  While the value of the penalties paid has fallen, GAO found the estimated value of injunctive relief negotiated through consent decrees more than doubled from $4.4 billion in 1999 to $10.9 billion in 2007 when adjusted for inflation. However, according to the report, those figures only represent estimates of what it will cost violators to fulfill the requirements of the consent decrees.  To view the GAO report, visit:
http://energycommerce.house.gov/Press_110/110_OI.102108.GAO.EPATransparency.pdf.

Public Workshop on Data Requirements for Antimicrobial Pesticides Proposed Rulemaking
EPA is convening a public workshop to explain the provisions of its October 8 proposed rule in the Federal Register to update and revise the data requirements for registration of antimicrobial pesticides. The workshop is intended to provide an opportunity for members of the public to ask questions about the proposed rule and seek any clarification they believe may assist them in submitting comments to the docket for the proposed rule. Any person wishing to comment on the proposed rule must submit any comments to the docket within the timeframe set forth in the Notice of Proposed Rulemaking.  The meeting will be held on November 6, 2008, from 8:30 am to 4:00 pm at the Office of Pesticide Programs (OPP), First Floor Conference Center, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA 22202.  Comments must be received on or before January 6, 2009. To view the Federal Register notice, visit: http://www.epa.gov/fedrgstr/EPA-PEST/2008/October/Day-08/p23127.htm.

WEFTEC.08 is Largest in Conference’s 81-Year History
Record-setting numbers of 21,950 attendees and 1,111 companies using 290,000 net square feet of exhibit space have designated WEFTEC.08 – the Water Environment Federation’s 81st Annual Technical Exhibition and Conference – as the largest event in its 81-year history. The previous records of 19,929 attendees, 1,017 companies and 268,405 net square feet of floor space were set just last year at WEFTEC.07 in San Diego.  Last week’s conference was the premier gathering of water environment professionals that offered the most dynamic educational and training experience in WEFTEC’s history with 31 workshops, 115 technical sessions, and 10 facility tours that addressed the timeliest issues in water, wastewater treatment, stormwater management, energy, green initiatives, science, research, and legislative and political issues.

Highlights included a keynote address by Professor John Anthony Allan featuring the concept of “virtual water” which measures how water is embedded in the production and trade of food and consumer products. In addition, the Mayor of Chicago, Honorable Richard M. Daley, shared the recently unveiled Chicago Climate Action Plan and insisted that the Nation’s cities reinvest in infrastructure and stressed that they will need help with financing. In addition, moderator Jack Conaty, Chicago Fox News political editor, led a lively and exciting discussion of the Presidential candidate’s views on climate change, water quality, infrastructure investment, and other critical issues. Presidential candidates Barack Obama and John McCain were represented by Cameron Davis and Marianne Horinko, respectively at this campaign forum.

EPA 2008 National Clean Water Act Recognition Award Winners
EPA recognized municipalities and industries for outstanding and innovative technological achievements in wastewater treatment and pollution abatement programs.  An inscribed plaque was presented to first and second place national winners at the annual Clean Water Act Recognition Awards presentation during a ceremony held on October 20 at the Water Environment Federation's Technical Exposition and Conference (WEFTEC). Recognition is made for outstanding programs and projects in operations and maintenance at wastewater treatment facilities, biosolids management and public acceptance, municipal implementation and enforcement of local pretreatment programs, cost-effective storm water controls, and combined sewer overflow controls. To view the complete listing of awardees in each category, visit: http://www.epa.gov/fedrgstr/EPA-WATER/2008/October/Day-21/w24693.htm.

WEF Launches New Features to Website
WEF has launched the first phase of its program to use its website – www.wef.org - to provide access to the world’s best science, engineering, and technical practices for water quality improvement. Visitors will find a redesigned, more user-friendly site including new components such as WEF’s first “WaterBlog”, a new section called “Today’s Water Hero” and a major new library of resources called “Access Water Knowledge”, with comprehensive technical and educational material for water quality professionals.
 
Access Water Knowledge provides online access to WEF publications including the new Proceedings of the Water Environment Federation a searchable database of papers presented at WEF conferences since 2000.  It also incorporates Knowledge Centers for key information including on: Biosolids, Collection Systems, Infrastructure, Membranes, Microconstituents, Nutrient Removal, Stormwater, Sustainability (Energy and Climate Change), Utility Management, Wastewater Treatment, Wastewater Treatment Design, Industrial Wastewater Treatment, Wastewater Treatment Operations, Water Reuse, Water Security, Watershed Management and Wet Weather
 
These areas offer convenient access to information from WEF and other credible sources, including the latest technical research, books and articles, news features, as well as WEF’s training and networking opportunities for water quality professionals.  Phase II developments including the addition of a more complete water library that will be a one-stop-shop for visitors by integrating WEF’s broad array of technical resources is now underway.  Slated to launch in 2009, the site will feature a new look and search system that will allow users easy access to the latest in water quality information, research and news. 

Meeting of the EPA Local Government Advisory Committee
The Local Government Advisory Committee (LGAC) and the Small
Community Advisory Subcommittee (SCAS) will meet on November 5-7, 2008 in Boston, MA. The Committee and Subcommittee meetings will be held in the EPA Region 1 Office on the eleventh floor Conference Center. The focus areas of the meeting will be: energy efficiency and the challenges of local governments to meet these growing demands; climate change; sustainable water infrastructure; regulatory issues; small communities issues; watersheds and coastlines; military issues; product stewardship; and green buildings. This is an open meeting and all interested persons are invited to attend. The LGAC meeting will be held at EPA's Region 1 Office, located at 1 Congress Street, Boston, MA on November 5-7, 2008 in the Eleventh Floor Conference Center. The Committee's and Subcommittee meeting minutes and summary notes will be available after the meeting online at http://www.epa.gov/ocir and can be obtained by written request to the DFO. The Committee will hear comments from the public between 12:30 p.m. and 1 p.m. on Thursday, November 6, 2008. To view the Federal Register notice, visit: http://www.epa.gov/fedrgstr/EPA-MEETINGS/2008/October/Day-22/m25171.htm.

Public Meeting of the EPA National Drinking Water Advisory Council
EPA announced in the October 24 Federal Register a meeting of the National Drinking Water Advisory Council (NDWAC), established under the Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.). The Council will consider various issues associated with drinking water protection and sustainable infrastructure. The Council will also receive updates about several on-going activities including consumer outreach, water security and the agreement reached by the Total Coliform Rule/Distribution System Federal Advisory Committee.  The Council meeting will be held on November 19, 2008, from 1 p.m. to 5 p.m., November 20, 2008, from 8:30 a.m. to 5:45 p.m., and November 21, 2008 from 8 a.m. to noon Eastern Time.  The meeting will be held at the Phoenix Park Hotel, located at 520 North Capitol Street, NW., Washington, DC 20001.  Members of the public who would like to attend the meeting, present an oral statement, or submit a written statement, should contact Veronica Blette, by e-mail at: blette.veronica@epa.gov, by phone, 202-564-4094.  To view the Federal Register notice, visit: http://www.epa.gov/fedrgstr/EPA-MEETINGS/2008/October/Day-24/m25410.htm.

Quote of the Week
Go confidently in the direction of your dreams! Live the life you've imagined. As you simplify your life, the laws of the universe will be simpler.
     - Henry David Thoreau (1817 - 1862)

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.


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