EPA Announces Funding to Help Urban Communities Protect Their Waters posted 4/30/10

Agency unveils a $600,000 competitive grant for urban watershed project under Urban Waters Initiative

WASHINGTON - As part of its developing Urban Waters Initiative, the U.S. Environmental Protection Agency (EPA) is making available up to $600,000 in grants for an eligible entity to establish and manage a national competitive urban watershed small grants program, and to provide urban watershed technical services. The successful applicant would support capacity building projects in urban communities that will lead to environmental, public health, and related economic benefits.

As part of Administrator Jackson’s priorities, EPA is developing an urban waters initiative to help communities – especially disadvantaged communities – access, restore and benefit from their waters and the surrounding land. Many urban waters have a wide range of environmental challenges including polluted runoff, sewer overflows, and other contamination. The goal is to help urban communities reconnect with and revitalize the waters that are an important part of their health and prosperity. The agency has requested $5.5 million in grant funds in the FY 2011 budget request under the Community Water Priorities program to focus resources on water quality protection efforts in urban waters.

The urban watershed grant announced today will promote community stewardship by increasing the capacity of local watershed and community groups. Better understanding of their urban watersheds will lead to better decision-making, improved restoration and protection efforts.

Questions about applying for the grant must be received by May 6, 2010 and proposals must be received by EPA by May 19, 2010. The selection of the successful applicant will be announced this summer. Eligible applicants are states, local governments, public and private nonprofit institutions/organizations, federally recognized Indian tribal governments, U.S. territories or possessions, and interstate agencies.

More information on the Targeted Watershed Grants Program: http://www.epa.gov/twg

U.S. EPA Issues New Buy American Guidance
The U.S. Environmental Protection Agency’s Office of Water has posted a second round of questions and answers on the Buy American provisions of the American Reinvestment and Recovery Act. The issues covered include substantial transformation, documentation, manufactured goods definition applied to specific materials, and revised de minimus waiver. A copy of the questions and answers can be found hhttp://www.epa.gov/ow/eparecovery/docs/
2009_09_25_BA_Q&As_Part1_Revised.pdf (posted 2/9/10)

EPA Administrator Announces Plan to Retool and Reinvigorate Clean Water Enforcement Program (posted 10/19/09)

State-by-State Map of EPA Investments Under the Recovery Act
http://www.epa.gov/recovery/map.html

EPA Administrator Announces Plan to Retool and Reinvigorate Clean Water Enforcement Program (posted 10/19/09)

WASHINGTON - The U.S. Environmental Protection Agency Administrator Lisa P. Jackson announced today at a House Transportation and Infrastructure Committee hearing that the agency is stepping up its efforts on Clean Water Act enforcement. The Clean Water Action Enforcement Plan is a first step in revamping the compliance and enforcement program. It seeks to improve the protection of our nation’s water quality, raise the bar in federal and state performance and enhance public transparency.

“The safety of the water that we use in our homes -- the water we drink and give to our children -- is of paramount importance to our health and our environment. Having clean and safe water in our communities is a right that should be guaranteed for all Americans,” said Administrator Jackson. “Updating our efforts under the Clean Water Act will promote innovative solutions for 21st century water challenges, build stronger ties between EPA, state, and local actions, and provide the transparency the public rightfully expects.”

The plan announced today outlines how the agency will strengthen the way it addresses the water pollution challenges of this century. These challenges include pollution caused by numerous, dispersed sources, such as concentrated animal feeding operations, sewer overflows, contaminated water that flows from industrial facilities, construction sites, and runoff from urban streets.

The goals of the plan are to target enforcement to the most significant pollution problems, improve transparency and accountability by providing the public with access to better data on the water quality in their communities, and strengthen enforcement performance at the state and federal levels. Elements of the plan include the following:

· Develop more comprehensive approaches to ensure enforcement is targeted to the most serious violations and the most significant sources of pollution.

· Work with states to ensure greater consistency throughout the country with respect to compliance and water quality. Ensure that states are issuing protective permits and taking enforcement to achieve compliance and remove economic incentives to violate the law.

· Use 21^st century information technology to collect, analyze and use information in new, more efficient ways and to make that information readily accessible to the public. Better tools will help federal and state regulators identify serious compliance problems quickly and take prompt actions to correct them.

Last July, Administrator Jackson directed EPA’s Office of Enforcement and Compliance Assurance to develop the plan in response to data showing that the nation’s water quality is unacceptably low in many parts of the country.

More information on the plan: http://www.epa.gov/compliance/civil/cwa/cwaenfplan.html

EPA Requests OMB Approval to Conduct Survey to Analyze Prevalence of 200 Emerging Contaminants in Drinking Water (posted 4/20/09)
EPA announced in the April 8 Federal Register that it is seeking approval from the Office of Management and Budget to issue a survey to obtain water samples from roughly 25 utilities this year to help analyze the prevalence of about 200 emerging contaminants in drinking water. The notice explains that improvements in analytical chemistry have enabled scientists to detect trace amounts of contaminants that are commonly used in homes and are being released into the environment. The notice explains that improvements in analytical chemistry have enabled scientists to detect trace amounts of contaminants that are commonly used in homes and are being released into the environment. The analysis will use chemical detection methods developed by EPA and the U.S. Geological Survey (USGS), including some methods just recently devised. USGS has methods for detecting many pharmaceuticals, including antidepressants, and for such substances as flame retardants showing up in wastewater. The water samples also will be tested for fluorinated compounds. Perfluorooctanoic acid (PFOA) is a prominent example of a fluorinated compound that has shown up in drinking water. PFOA contamination, associated with the manufacture of Teflon® and other nonstick products, has led to litigation and studies that have warned of health risks. To view the April 8 Federal Register notice, visit: http://fdsys.gpo.gov/fdsys/pkg/FR-2009-04-08/html/E9-7960.htm.

Recovery Act information (posted 2/25/09)
EPA has established a stimulus web site (www.epa.gov/recovery) to provide information on programs within its jurisdiction. A state-by-state breakdown of funds allotted for the clean water and drinking water revolving funds has been posted on this page at: http://www.epa.gov/recovery/srfallotments0209.html. Allocations to individual states are based on existing formulas.

The EPA Office of Water is also close to finalizing guidance to states on administration of the clean water and drinking water funds in accordance to the statutory requirements of ARRA . When available, the guidance will be published on the EPA stimulus web site above and posted on the WEF Stimulus Funding Resources web page at: http://www.wef.org/GovernmentAffairs/StimulusFunding/index.htm.

EPA Releases 2008 Report on the Environment (posted 6/5/08)
On Tuesday, EPA released its 2008 Report on the Environment (2008 ROE), which the agency says uses scientific indicators to measure and report on overall progress toward protecting the environment and human health. The purpose of the 2008 ROE is to create a reliable set of information that can be used for year-to-year comparisons as well as planning. EPA hopes that in the future, the agency will be able to look at the trends of ROE environmental indicators over a span of years. In addition to national scale indicators, the ROE also provides data broken out by EPA Regions. The 2008 ROE is an update of the draft ROE that was released in 2003. The full report is available at www.epa.gov/roe.

House Committee Passes Sewage Notification Bill and Other Water-Related Bills (posted 6/5/08)
The House Transportation and Infrastructure Committee approved H.R. 2452, the Sewage Overflow Community Right to Know Act. The legislation requires publicly owned treatment works to monitor systems for overflows and notify the public and regulatory agencies when they occur. The legislation is sponsored by Congressmen Tim Bishop (D-NY) and Frank LoBiondo (R-NH) and supported by the Water Environment Federation, National Association of Clean Water Agencies, and American Rivers. The White House has expressed support for the legislation, although EPA opposes the use of the Clean Water State Revolving Fund, a low-interest wastewater loan program that helps states construct water treatment facilities, to pay for the monitoring. The full House is expected to consider the legislation within the next several weeks.

In addition to the notification bill, the committee also approved H.R. 135, the Twenty-first Century Water Commission Act of 2007, which authorizes $9 million to establish a commission to provide for water assessments to project future water supply and demand, review current water management programs at each level of government, and develop recommendations for a comprehensive water strategy. The committee approved another bill, H.R. 5770, to provide $1.5 million for a National Academy of Sciences study on the potential effects of climate change on water resources and water quality. Finally, the Committee passed H.R. 5949, the Clean Boating Act of 2008, which restores a Clean Water Act exemption for recreational boaters. None of these bills are expected to face opposition during full House consideration.

Improvements Announced for Stormwater BMP Database (posted 6/5/08)
Improvements in the International Stormwater BMP Database (www.bmpdatabase.org) were unveiled this week by the Water Environment Research Foundation (WERF) and its partners. The BMP database provides information to improve the design, selection, and performance of BMPs. The upgrades better enable BMP searches, data collection and uploading, and access to BMP performance analyses. With the recent addition of 65 new BMP studies, the database now includes over 300 studies. A new analysis of all the BMPs in the database identifies how different BMP types performed in removing a variety of pollutants. The performance descriptions can assess achievable effluent concentrations, assess effects of BMPs on total loadings, and identify the frequency of potential exceedances of water quality criteria or other targets. The project is working with large data providers to "open the pipeline" of BMP study submissions. If you have data that you are interested in submitting, please contact Jane Clary at clary@wrightwater.com.

EPA Releases Climate Change Strategy (Posted 5/7/08)
EPA's Office of Water released its draft National Water Program Strategy: Response to Climate Change for public review on March 28. The draft document represents EPA's "initial effort to evaluate how best to meet our clean water and safe drinking water goals in the context of a changing climate." Five major goals include: use core water programs to improve mitigation of greenhouse gases, adapt the implementation of core water programs to improve their effectiveness in the context of climate change, strengthen links between EPA water programs and climate change research, educate EPA staff and other stakeholders on climate change impacts on water resources and Agency programs, and establish the management capability within the National Water Program at EPA for sustained engagement of climate change challenges. EPA does not make any recommendations for substantial program changes to deal with climate change and water issues more holistically.

OMB Approves Proposed Water Transfer Rule; Could be Released in May (Posted 5/7/08)
The Office of Management and Budget (OMB) has approved EPAs proposed water transfer rule, clearing the way for it to be officially released by the Agency sometime in May. The long-awaited rule would clarify that interbasin transfers of natural, untreated water do not require a National Pollutant Discharge Elimination System (NPDES) permit. EPA received several comments on the draft version of the rule when it was released in June 2006, expressing support for the Agencys decision to exempt these kinds of transfers from permitting requirements. A number of recent court cases including South Florida Water Management District v. Miccosukee Indian Tribe before the U.S. Supreme Court and Friends of the Everglades v. South Florida Water Management District, currently before the Eleventh Circuit Court of Appeals, have also examined the issue of interbasin water transfers.

Farm Bill Negotiations Between House, Senate Conferees Near Completion (Posted 5/7/08)
Discussions to resolve differences in versions of the Farm Bill passed by the House and the Senate are nearing an end, and provisions that would fund multi-stakeholder projects to address water quality and water quantity challenges remain intact. After just one public farm bill conferee meeting last week, the primary action went back behind closed doors and negotiators reached an agreement on a final resolution that should be announced soon. The negotiated deal includes an agreement on financing and offsets for the bill, particularly for increased spending for conservation, energy, and disaster relief provisions. Bush has reserved judgment until examining the conference report, but expectations are that the White House will sign the emerging bill.

EPA Releases Report on Wastewater Collection and Wet Weather Treatment Technologies (Posted 5/7/08)
EPA last month released the third in a series of reports on municipal wastewater collection and treatment technologies. Emerging Technologies Report on Wastewater Treatment provides clean water agencies with the information on emerging wastewater treatment and in-plant wet weather management technology options. EPA describes the report as providing cost-effective, innovative and 'embryonic' technologies as well as established technologies with innovative applications for treatment and wet weather flow management. Technical and cost data for more than 60 innovative technologies and more than 25 embryonic technologies are provided. The technologies featured in the report are intended to provide more efficient or advanced wastewater treatment or better management of wet weather flows at the treatment plant. The new report is available on EPA's municipal technologies website under the Publications heading. The previous two reports, Emerging Technologies for Biosolids Management and Emerging Technologies for Conveyance Systems: New Installations and Rehabilitation Methods, are also available on the website.

EPA Tool Helps Communities Tap into Energy Savings (posted 3/5/08)
Contact: Shakeba Carter-Jenkins, (202) 564-4355 / carter-jenkins.shakeba@epa.gov

(Washington, D.C. - March 3, 2008) America's drinking water and wastewater facilities can now save energy and reduce their carbon footprint with expanded tools available from EPA's Energy Star Program. Enhancements to Portfolio Manager, the agency's popular energy tracking tool for commercial facilities, allow water utilities to track energy use and associated carbon emissions, set targets for investment priorities, and verify efficiency improvements. Water and wastewater facilities are energy intensive, accounting for more than one-third of municipal energy use. Improving the energy efficiency of America's drinking water and wastewater systems by 10 percent would save more than 5 billion kilowatt-hours each year representing a cost savings of about $400 million annually.

"Wasting energy is sending good resources down the drain," said Benjamin H. Grumbles, assistant administrator for Water. "Energy efficiency is good for the planet as well as the plant managers who make water clean and healthy."

Drinking water and wastewater systems spend about $4 billion a year on energy to pump, treat, deliver, collect, and clean water at the 52,000 community drinking water and 16,500 wastewater facilities in the United States. Through Energy Star, EPA provides a proven energy management strategy and no-cost tools for public and private organizations to save energy and money, as well as demonstrate environmental leadership.

More than 800 organizations - including more than 150 local governments and water utilities - are leading the way toward improved energy efficiency by responding to the Energy Star Challenge, EPA's national call-to-action to improve the energy efficiency of America's commercial and industrial facilities by 10 percent or more. In June 2007, the U.S. Conference of Mayors endorsed the Energy Star Challenge as a key strategy in meeting the goals of the Mayors Climate Protection Agreement.

Energy Star was introduced by EPA in 1992 as a voluntary, market-based partnership to reduce greenhouse gas emissions through energy efficiency. Today, the Energy Star label can be found on more than 50 different kinds of products, new homes and commercial and industrial buildings. Products and buildings that have earned the Energy Star designation prevent greenhouse gas emissions by meeting strict energy-efficiency specifications set by the government. Last year alone, Americans, with the help of Energy Star, saved about $14 billion on their energy bills while reducing the greenhouse gas emissions equivalent to those of 25 million vehicles.

Learn more about Energy Star and Porfolio Manager for drinking water systems and wastewater plants at: http://www.energystar.gov/waterwastewater

Other activities that explore the nexus between water and energy are described at: http://www.epa.gov/waterinfrastructure/bettermanagement_energy.html

EPA Issues Guidebook to Help Water Utilities Improve Energy Management (posted 2/14/08)
EPA announced on Feb. 1 that it has released a new guidance, Ensuring a Sustainable Future: An Energy Management Guidebook for Wastewater and Water Utilities, intended to help utilities systematically assess their current energy costs and practices, set measurable performance improvement goals, and monitor and measure their progress over time. Steadily rising energy costs and associated environmental effects have made energy use one of the most pressing challenges facing water utilities. Energy management is also at the heart of efforts across the industry to ensure that water and wastewater systems are operated in a sustainable way. The guidance follows the Plan-Do-Check-Act methodology embodied in environmental management systems and other utility management tools. In developing the guidance, EPA consulted with utilities that are successfully confronting energy challenges using this approach. An electronic copy of the handbook is available at www.epa.gov/waterinfrastructure/
bettermanagement_energy.html.

EPA Releases Municipal Wastewater Technology Fact Sheets (posted 2/14/08)
EPA’s Office of Water has developed four new fact sheets on innovative municipal wastewater technologies. The fact sheets are part of a continuing EPA effort to provide municipal utilities and state regulators with information on a variety of innovative or cost-effective technologies and best management practices. The new fact sheets, Denitrifying Filters, Side Stream Nutrient Removal, In-Plant Wet Weather Peak Flow Management, and Membrane Bioreactors, along with others previously released by EPA, are available at www.epa.gov/owm/mtb/mtbfact.

EPA Issues Additional Guidance to Prevent Stormwater Pollution at Construction Sites
EPA announced on Nov. 19 the availability of sample pollution prevention plans for medium-sized residential subdivisions and for small commercial sites. The two models supplement the guidance, Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Sites. A stormwater pollution prevention plan identifies potential sources of stormwater pollution at a construction site and details how construction operators should keep pollution from running into nearby waterways. The sample plans, EPA Example Construction SWPPP: Medium-Sized Residential Subdivision and EPA Example Construction SWPPP: Small Commercial Site, use hypothetical sites and conditions to demonstrate the development of a prevention plan that meets permit requirements and accurately describes the steps being taken to prevent stormwater pollution. The new sample plans cover site evaluation, assessment, and planning; erosion and sediment control best management practices; "good housekeeping" best management practices; selecting post-construction best management practices; inspections; recordkeeping and training; and final stabilization. The sample medium and small-sized stormwater pollution prevention plans are available at http://www.epa.gov/npdes/swpppguide.
(Posted 12/5/07)

EPA Announces Workshop to Discuss Endocrine Disruptor Screening Program
EPA announced in the Nov. 23 Federal Register that it is convening a 1-day public workshop to discuss the draft policies and procedures for completing the initial screening and testing under the agency's Endocrine Disruptor Screening Program (EDSP) and the burden and cost estimates for the related information collection activities. In two forthcoming notices in the Federal Register, EPA will announce the availability for public comment of the draft policies and procedures the agency is considering adopting for conducting the initial screening and testing under the EDSP, and the draft Information Collection Request (ICR) for the initial screening and testing. The purpose of the workshop is to allow the public to ask questions to help inform their comments on the soon to be published notices. The meeting will be held on Dec. 17. Details regarding the meeting are available at www.epa.gov/fedrgstr/EPA-MEETINGS/2007/November/Day-23/m22895.htm. (Posted 12/5/07)

Final Rule on Lead and Copper in Drinking Water (posted 10/16/07)
EPA issued a final rule intended to improve requirements in the areas of monitoring, customer awareness, and lead service line replacement In the Oct. 10 Federal Register. The final rule makes several targeted regulatory revisions to the existing national primary drinking water regulations for lead and copper (see related story in Sept. 28 issue). The final rule is effective on Dec. 10. A copy of the rule and more information on lead in drinking water are available at www.epa.gov/safewater/lcrmr/index.html.

EPA Issues State Guides for Microbials, Byproducts in Drinking Water (Posted 9/12/07)

EPA released final guidance on August 27 to help states comply with two major rules issued in December of 2005 to help reduce microbial contaminants and disinfection byproducts in drinking water. The Stage 2 Disinfectants and Disinfection Byproducts Rule (Stage 2 DBPR) Implementation Guidance explains how states can help water utilities minimize Cryptosporidium and Giardia that can cause gastrointestinal illness and is available at www.epa.gov/safewater/disinfection/lt2. The Long Term 2 Enhanced Surface Water Treatment Rule (LT2 Rule) State Implementation Guidance explains how states can help utilities balance necessary disinfection with potentially dangerous byproducts formed during the process and is available at www.epa.gov/safewater/disinfection/stage2.

EPA Issues New Water Quality Trading Toolkit (posted 8/22/07)
On August 7, EPA released a new publication to support innovative, market-based approaches to water quality trading. The Water Quality Trading Toolkit for Permit Writers: Interim Technical Guide is intended to provide National Pollutant Discharge Elimination System (NPDES) permitting authorities with the tools they need to incorporate trading provisions into permits. The toolkit is EPA’s first “how-to” manual on trading programs consistent with EPA’s 2003 National Water Quality Trading Policy. EPA hopes the toolkit will help provide national consistency among trading programs and serve as a resource for all stakeholders, including those in the regulated community interested in establishing such programs. Focused on trading nitrogen and phosphorus, the toolkit covers the fundamental concepts of designing and implementing trading programs including the relevant geographic scope, effluent limitations, and trade ratios. The toolkit includes five scenarios that detail for permit writers where trading provisions can be incorporated into a permit and includes hypothetical examples featuring permit language. The document also includes a set of appendices which feature detailed case studies based on actual trading programs. The toolkit is available at www.epa.gov/owow/watershed/trading/WQTToolkit.html .

EPA Report Summarizes TMDLs for Stormwater Sources (posted 8/22/07)

EPA issued a report summarizing 17 total maximum daily loads (TMDLs) that have been developed for stormwater sources in 16 states during the past eight years. The TMDLs included in the report cover a range of pollutants, models used, and different allocation and implementation methods. The report is intended to help TMDL practitioners, NPDES permitting agencies, and permit holders as they develop and implement new stormwater source TMDLs. According to EPA, sediment, pathogens, nutrients, and metals from stormwater impair thousands of waters in the U.S. The report, Total Maximum Daily Loads with Stormwater Sources: A Summary of 17 TMDLs, is available at: www.epa.gov/owow/tmdl/techsupp.html

EPA Releases Report from its Recreational Water Quality Criteria Experts Workshop (posted 8/8/07)
The proceedings from the March 2007 EPA workshop on the development of new, scientifically-based recreational water quality criteria to protect human health were released on June 15 (http://www.epa.gov/waterscience/criteria/recreation/). The report summarizes the experts' findings in seven topic areas and outlines near-term research needs that could be accomplished in two to three years to support development of new or revised criteria by 2012. While EPA has made it clear that the experts' report does not reflect Agency policy, the feedback from the experts will likely be a major consideration as EPA continues to develop the new recreational water quality criteria mandated by the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act). The development of these new criteria will eventually affect the municipal clean water community, especially those agencies that discharge to costal recreational waters.

EPA is currently involved in litigation, Natural Resources Defense Council (NRDC) v. EPA, regarding its failure to establish these new recreational water quality criteria in a timely manner. This case is focused on how much time EPA will be given to meet its BEACH Act obligations, and the experts' report could factor significantly into the ongoing litigation. Additionally, the report will also help guide EPA's research plan outlining how it will meet its obligations under the BEACH Act, which is expected to be released by the end of the summer.

EPA Issues Draft 2007 Science Report on the Environment (Posted 5/21/07)

EPA announced in the May 10 Federal Register that it is providing a 45-day public comment period for the draft document titled, EPA's 2007 Report on the Environment: Science Report. The draft Science Report was prepared by EPA Program and Regional Offices, the Office of Research and Development (ORD), the Office of Environmental Information (OEI), the Office of Policy Economics and Innovation (OPEI), and the Office of the Chief Financial Officer (OCFO), with coordination by the National Center for Environmental Assessment within EPA's ORD. The public comment period ends June 25. The FR notice is at http://www.epa.gov/fedrgstr/EPA-RESEARCH/2007/May/Day-10/r9022.htm.

EPA and USDA Sign MOU to Protect the Chesapeake Bay (Posted 5/21/07)

On May 9, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA) signed a Memorandum of Understanding outlining measures for coordination and cooperation among the two agencies in prioritizing and implementing nutrient reduction activities in the Chesapeake Bay watershed. "Environment and agriculture are teaming up to clean up the Chesapeake like never before," said Benjamin H. Grumbles, EPA Assistant Administrator for Water. According to EPA, the agreement will better align resources, tools, partners, and actions that will keep farmers producing while accelerating progress toward a healthy Chesapeake Bay. The Memorandum of Understanding is available at http://www.epa.gov/region03/chesapeake/signedmou.pdf.

Water Associations, EPA Release Effective Utility Management Practices Report

(Posted 5/21/07)
Six associations representing the U.S. water and wastewater sector in collaboration with the U.S. Environmental Protection Agency (EPA) on May 8 announced the release of Findings and Recommendations for a Water Utility Sector Management Strategy. Designed to advance effective utility management practices, the report culminates a 12-month effort focused on excellence in water and wastewater utility management. understanding and support.

http://www.wef.org/ScienceTechnologyResources/TechnicalInformation/Projects/EPAUtilityManagement.htm.

EPA Accepting Nominations for 2007 Clean Water Act Recognition Awards (Posted 5/21/07)
EPA announced in the May 10 Federal Register the availability of application and nomination information for the 2007 Clean Water Act (CWA) Recognition Awards. The awards recognize municipalities and industries for outstanding and innovative technological achievements in wastewater treatment and pollution abatement programs. Nominations are due to EPA headquarters no later than June 29. The FR notice is at http://www.epa.gov/fedrgstr/EPA-WATER/2007/May/Day-10/w9026.htm.

GAO Wastewater Security Report Released (posted 5/11/07)

The Government Accountability Office (GAO) issued their latest report on wastewater security, Securing Wastewater Facilities: Costs of Vulnerability Assessments, Risk Management Plans, and Alternative Disinfection Methods Vary Widely (GAO-07-480). The 64-page report, released to the public on May 1, contains findings on the costs of preparing vulnerability assessments and risk management plans among large wastewater facilities and on the costs of converting to alternative disinfection methods at large wastewater facilities. A comprehensive methodology review and commentary from the U.S Environmental Protection Agency are also enclosed. The Costs of Converting to Alternative Disinfection Methods section (page-14) contains a noteworthy figure identifying disinfection switching costs for several large wastewater facilities. WEF will be working with the GAO and others to monitor activities on Capital Hill related to chlorine as an issue of national security. A full-text version of the report can be found at http://www.gao.gov/new.items/d06390.pdf. (MB)

EPA Proposes Not to Regulate 11 Drinking Water Contaminants on Candidate List

(posted 5/11/07)
The Safe Drinking Water Act (SDWA) requires the U.S. Environmental Protection Agency (EPA) to make decisions on whether or not to regulate at least five unregulated contaminants every 5 years. These unregulated contaminants are chosen from a list known as the Contaminant Candidate List (CCL). EPA published the second CCL (CCL 2) in the Federal Register on February 24, 2005 (70 FR 9071). EPA announced in the May 1 Federal Register its preliminary regulatory determinations for 11 of the 51 contaminants listed on CCL 2. The preliminary determination is that a national primary drinking water regulation is not appropriate for any of the 11 contaminants considered for regulatory determinations. Although EPA has not made a preliminary determination for perchlorate, the FR notice includes updated information on its evaluation. EPA is accepting public comments until July 2 on the regulatory decisions and the information and options the Agency is considering on perchlorate. To view the Federal Register notice, visit: http://www.epa.gov/fedrgstr/EPA-WATER/2007/May/Day-01/w7539.htm. (SJH)

NGA Challenges EPA on Contaminant Levels for Smaller Water Utilities (posted 5/11/07)

In a letter sent last week, the National Governors Association (NGA) criticized the U.S. Environmental Protection Agency (EPA) for allowing small utilities to supply drinking water that contains contaminants three times above the regulatory concentration limits set in 2006. In the April 23 letter, the NGA asked EPA Administrator Stephen Johnson to explain how drinking water containing three times the maximum contaminant level (MCL) could be “protective.” The NGA also wanted to know whether EPA’s enforcement office and the Justice Department had considered the impact of allowing such waivers in other programs, especially the Superfund program. The governors requested that EPA explain why it had ignored the National Drinking Water Advisory Council’s recommendation that affordability be defined as 1 percent of median household income on an incremental, rule-by-rule basis. According to EPA, its March 2006 proposed revisions comply with the Safe Drinking Water Act Amendments of 1996 – requiring the Agency to consider the issue of affordability for utilities serving fewer than 10,000 people when drafting drinking water standards. However, the governors attest there should be more scientific data available before states can permit small utilities to supply water containing contaminants at such a magnitude above the federally approved level while claiming it is “protective of public health.” To view the National Governors Association letter, visit http://www.nga.org/portal/site/nga/menuitem.cb6e7818b34088d18a278110501010a0/?vgnextoid=81b0904807f12110VgnVCM1000001a01010aRCRD. To see EPA’s proposed revisions to the guidance, visit http://www.epa.gov/safewater/smallsys/affordability.html. (MB)

EPA Announces New Human Health Research Web Site (Posted 3/8/07)

EPA announced on March 1 that its Human Health Research Program has launched a new web site with the latest information on its research to protect public health. The program's science looks at such questions as why some people are more sensitive to pollution and how exposure to chemicals affects people's health. The site is designed for the general public as well as for the scientific community. The site contains an overview of EPA research, information on how research has contributed to decision making, resource materials available in journal publications and reports, and a listing of meetings and conferences. The web address is http://www.epa.gov/hhrp.

EPA Announces Decision Not to Regulate SSIs Under OSWI (Posted 3/2/07)
EPA has announced that it will not regulate sewage sludge or biosolids incinerators under the Clean Air Act (CAA) provisions for other solid waste incinerators (OSWI). Based largely on information provided by clean water agencies regarding biosolids incineration and emissions, EPA had ultimately excluded SSIs from the final OSWI rule that was published in December 2005. EPA announced in June 2006, however, that it was reconsidering its December 2005 decision in response to a Sierra Club petition, which claimed that EPA had not properly sought comments on its decision to exclude SSIs from Section 129. Although the recent decision means that sewage sludge incinerators will not be governed by Section 129 of the CAA, EPA has always indicated that they will be regulated under Section 112. EPA's Office of Air Quality and Standards has begun work on developing an area source National Emissions Standards for Hazardous Air Pollutants (NESHAP) for SSIs, and new regulations are expected in the next few years.

EPA Announces Revised Aquatic Life Ambient Freshwater Criteria for Copper

EPA announced in the February 22 Federal Register the availability of the revised recommended aquatic life ambient freshwater quality criteria for copper. EPA relied on the biotic ligand model (BLM) to derive the revised criteria and stated in the Federal Register that the application of BLM will replace the need for site-specific modifications, such as Water Effect Ratio, to account for site-specific chemistry influences on metal toxicity. According to the new criteria, freshwater aquatic life should be protected if the 24-hour average and four-day average concentrations do not respectively exceed the acute and chronic criteria concentrations calculated by the BLM. A return interval of 3 years between exceedances of the criterion continues to be EPA's general recommendation. EPA first announced intentions to revise the recommended aquatic life criteria for copper in October of 1999. These criteria are EPA's recommendations; however, state and tribal decision makers have the discretion to adopt different approaches on a case-by-case basis. To view the Federal Register notice go to: http://www.epa.gov/fedrgstr/EPA-WATER/2007/February/Day-22/w3007.htm. (SJH) (Posted 3/1/07)

EPA Issues New Stormwater Guide for Evaluating MS4 Programs

(posted 2/22/07) The Office of Water published a new Municipal Separate Storm Sewer System (MS4) Evaluation Guide on the U.S. Environmental Protection Agency’s (EPA) stormwater website at: http://cfpub.epa.gov/npdes/stormwater/munic.cfm. Available only on the web, the Guide is designed for use by NPDES authorities to evaluate the quality of Phase I and Phase II MS4 programs. It can be used for comprehensive program evaluations or for certain components of an MS4 program. The document is in Microsoft Word format so that permit program managers can modify it to meet the unique components of their programs. On March 7, the Office of Wastewater Management will hold a free web cast to provide an introduction to the Guide. Registration information will be posted by February 23 on the stormwater website at http://cfpub2.epa.gov/npdes/outreach.cfm?program_id=0&otype=1. (SJH)

WERF Seeking Proposals (posted 2/22/07)

The Water Environment Research Foundation (WERF) announced on February 12 that it is requesting pre-proposals for a long-term, comprehensive program leading to sustainability and self-sufficiency of wastewater and solids treatment. WERF is seeking to address the combined challenges of solids volume reduction, resource recovery, and energy management in order to develop and demonstrate economical and environmentally responsible processes that improve wastewater treatment and solids management operations efficiencies and costs by at least 20%. On February 9 WERF also issued a request for proposals (RFP) for research that would provide biosolids managers and facility owners and operators with the information needed to protect groundwater resources in the vicinity of biosolids land application sites. The research should also provide a compendium of current best management practices for groundwater protection at land application sites. Additional information on both RFPs can be found at http://www.werf.org/Content/NavigationMenu/Funding/OpenRFPs/default.htm. (SJH)

House Science Committee Passes Alternative Fuels Infrastructure Bill (Posted 2/6/07)

The House Science and Technology Committee on January 31 passed its first energy-related bill of the year by a unanimous voice vote. H.R. 547, the "Advanced Fuel Infrastructure Research and Development Act," aims to lower the cost for distribution of alternative fuels. The bill directs the Energy Department and the National Institute of Standards and Technology to research ways to use alternative fuels in existing infrastructure, theoretically lowering the cost of bringing those fuels to market. The other major portion of the bill directs DOE and NIST to create an "affordable, portable, quick and accurate way" to test the sulfur content of ultra-low sulfur diesel fuel. The legislation was offered in response to concerns from fuel distributors that diesel fuel picks up enough sulfur during transport to fail the U.S. EPA mandates for sulfur content. (SJH)

White House Issues Executive Order on Developing Rules and Guidance (Posted 2/6/07)

On January 18, the Bush Administration issued an amendment to Executive Order 12866 on Regulatory Planning and Review that imposes new requirements and more specific instructions on how federal agencies draft regulations and guidance documents. It requires agencies to submit guidance documents to the Office of Management and Budget (OMB) for review. Previously only regulations required their review. On the same day, OMB issued a bulletin to all agencies entitled “Final Bulletin for Agency Good Guidance Practices” that establishes policies and procedures for the development, issuance, and use of “significant” guidance documents. According to a memorandum from OMB Director Rob Portman, the bulletin “is intended to increase the quality and transparency of agency guidance practices and the significant guidance documents produced through them.” The amendment to Executive Order 12866 is available at http://www.whitehouse.gov/news/releases/2007/01/20070118.html. The OMB bulletin is at http://www.whitehouse.gov/omb/memoranda/fy2007/m07-07.pdf. (SRT)

EPA Extends Comment Period for Storm Water General Permits (Posted 2/6/07)
On December 11, 2006 (71 FR 71540), EPA published a notice of the availability of seven National Pollutant Discharge Elimination System (NPDES) General Permits for Storm Water Discharges from Industrial Activities and requested comments on the draft by January 10. EPA announced in the January 30 Federal Register that it has extended this comment period to February 13. To view the Federal Register notice, visit: http://www.epa.gov/fedrgstr/EPA-WATER/2007/January/Day-30/w1426.htm. (SJH)

EPA Public Meeting on Proposed NPDES Permit Fee Incentive Program (Posted 2/6/07)

EPA announced in the January 30 Federal Register that it will conduct a public meeting on February 21 on the proposed regulatory revision for the NPDES Permit Fee Incentive for Clean Water Act Section 106 Grants Allotment Formula. This proposed rule was published in the Federal Register on January 4 (72 FR 293. EPA officials will give a presentation on the proposed regulation followed by a public comment session. The meeting will be held from 1:00 - 4 pm EST at EPA Headquarters, EPA East Building in conference room 1153. To view the Federal Register notice, visit: http://www.epa.gov/fedrgstr/EPA-WATER/2007/January/Day-30/w1420.htm. (SJH)

House Water Resources Subcommittee Approves Wastewater Bills (Posted 2/6/07)

The House Transportation and Infrastructure Committee's water panel approved three bills on its markup agenda on January 31, including reauthorization of a key loan program, the Clean Water State Revolving Loan Fund (SRF). The Subcommittee on Water Resources and Environment passed the "Water Quality Financing Act of 2007," or H.R. 720, which would reauthorize the SRF at $20 billion over 5 years for fiscal years 2008 through 2012. The Subcommittee also approved by voice vote an amendment to H.R. 720 offered by Rep. Charles Boustany (R-LA) that requires the Government Accountability Office to conduct a study of other potential funding and investment mechanisms and revenue sources for meeting the nation's water infrastructure needs. Also passing the committee was H.R. 569, the "Water Quality Investment Act of 2007," which would authorize $1.8 billion over the next five years for grants that would help municipalities pay for improvements and upgrades to reduce the problem of overflows from sanitary sewer systems and combined systems. The "Healthy Communities Water Supply Act," or H.R. 700, would provide $125 million to fund pilot alternative water supply projects. (SJH)

EPA Finalizes List of Unregulated Contaminants for Monitoring by Drinking Water Systems (1/16/06)

On January 4 EPA published the final list of 25 chemicals that must be monitored by public drinking water utilities under the Unregulated Contaminant Monitoring Regulation (UCMR). Approximately 4,000 utilities will be required to monitor the chemicals during a 12-month period between 2008 and 2010 to provide EPA and other interested parties with data on the occurrence of these contaminants in drinking water. The Agency will use the monitoring data to make determinations on whether or not to regulate these contaminants. EPA is required by the Safe Drinking Water Act (SDWA) to publish a list of contaminants to be monitored every five years. EPA published the first set of contaminants in 1999. Perchlorate is the only contaminant removed from the proposed list, published in August of 2005. Monitoring for perchlorate was conducted during UCMR 1, and EPA agreed with a large number of public comments that the Agency has a valid set of data on perchlorate occurrence and potential exposure. EPA will evaluate exposure and health effects data in order to make a determination on whether or not to regulate perchlorate. The final rule is available at http://www.epa.gov/fedrgstr/EPA-WATER/2007/January/Day-04/w22123.htm (SRT)

EPA Announces Availability of Grants for Beaches and Coastal Areas (1/16/07)

This week the U.S. Environmental Protection Agency (EPA) announced the availability of almost $10 million in grants for beach water quality monitoring and public notification programs. According to an EPA press statement, the agency has provided nearly $62 million in the last seven years under the Beaches Environmental Assessment and Coastal Health (BEACH) Act of 2000. Thirty states and five territories are eligible for the grants. The amount of money awarded is based on the length of the beach season, miles of beaches, and number of beachgoers. EPA is focusing efforts on developing new technologies to rapidly analyze beaches for bacteria contamination. "The Bush Administration is committed to keeping America's beaches and Great Lakes shores clean and healthy," said EPA Assistant Administrator for Water Benjamin H. Grumbles. "By improving water quality and informing beachgoers, EPA is helping States and communities protect public health and coastal ecosystems and economies." Additional information is available at www.epa.gov/waterscience/beaches/grants/. (SRT)

EPA Announces New Directors of Research on Water, Human Health, and Ecology (1/16/07)

On January 11 EPA announced the selection of four national program directors in the Office of Research and Development. Charles Noss, former deputy executive director at the Water Environmental Research Foundation, will lead the agency’s research on water quality. Audrey Levine, former faculty member of the Department of Civil and Environmental Engineering at the University of South Florida in Tampa, will lead research for drinking water, Hugh Tilson will be in charge of human health research, and Rick Linthurst will direct ecological research. They will join four other scientists selected by ORD in 2005 to lead research in air, pesticides and toxics, contaminated sites and resource conservation, and global change and mercury. (SRT)

Incentives Proposed for Clean Water Permit Fees (Posted 1/2/07)
Contact: (Media only) Dale Kemery, (202) 564-4355 / kemery.dale@epa.gov
Other inquiries: Lena Ferris, (202) 564-8831 / ferris.lena@epa.gov

(Washington, D.C. - Dec. 21, 2006) A proposed EPA rule would provide a financial incentive to states to use fees when running a clean water permit program. EPA's rule would allot up to three percent of state water pollution control grant funds to states that have adequate National Pollutant Discharge Elimination System (NPDES) permit fee programs.

"We encourage states to use permit fees for additional funding for their clean water programs," said EPA Assistant Administrator of Water Benjamin H. Grumbles. "A variety of tools and funding approaches are needed for a strong program, including having permitted facilities share the cost of keeping water clean."

The increased cost of administering water permit programs has prompted some states to levy permit fees to cover shortfalls. Certain states, however, still operate with little or no reliance on permit fees. The proposed NPDES Permit Fee Incentive for Clean Water Act Section 106 Grants; Allotment Formula is designed to create financial incentives to prompt more states to implement adequate fee programs and shift part of the financial burden to those who benefit from the permits. It will also allow states to move funds to other critical water quality program activities. The proposed rule would not take effect until after Oct. 1, 2008. The proposed rulemaking includes a 60 day public comment period.

About the proposed permit fee: http://www.epa.gov/owm/cwfinance/npdes-permit-fee.htm

About water pollution control programs: http://www.epa.gov/owm/cwfinance/pollutioncontrol.htm

USEPA and Friends of the Earth Urge Supreme Court Not to Review TMDL Decision (Posted 12/4/06)

On November 24, the U.S. Environmental Protection Agency (EPA) and Friends of the Earth, represented by Earthjustice, filed separate briefs with the Supreme Court arguing against review of the U.S. Court of Appeals for the District of Columbia Circuit decision in April that the word "daily" means "every day" in the Clean Water Act for total maximum daily loads (TMDLs). The DC Water and Sewer Authority filed a certiorari petition with the Supreme Court July 24 seeking review of the case, and the National Association of Clean Water Agencies submitted an amici curiae brief to the high court. Both argued that the decision places a burden on wastewater utilities, weakens the national TMDL program, and creates a split between appellate circuits on how TMDLs should be expressed. In Natural Resources Defense Council Inc. v. Muszynski, the 2nd U.S. Circuit Court of Appeals ruled that the term TMDL is open to a broader range of meanings than discharge loads expressed in daily increments.

EPA believes it can manage the decision using the approach outlined in a memo issued November 15; by requesting daily load allocations in all TMDLs but allowing them to be implemented through permits in non-daily ways. "The court of appeals erred in holding that the [Clean Water Act] requires EPA to establish TMDLs as daily load allocations," EPA wrote in its brief. "Nevertheless, the court's decision does not warrant this Court's review. EPA recently issued a nationwide guidance for expressing TMDLs as daily loads. As a result, future controversies about the meaning of the CWA's provisions for TMDLs will likely arise in significantly different contexts." Fear that a Supreme Court ruling on the case might require a major overhaul of the TMDL program is one of the reasons for EPA’s position. (SRT)

EPA Recognizes Companies and Individuals for Water Efficiency (Posted 12/4/06)

EPA announced on November 27 the winners of a new awards program aimed at recognizing outstanding leadership and innovation in water efficiency. Winners of the first Water Efficiency Leader (WEL) Awards were chosen by a panel of national water experts and based on three criteria: leadership, innovation, and water saved. EPA has developed the WEL Awards in addition to a variety of other initiatives, such as a product labeling program and a national organization to foster water efficiency. The program allows EPA to document best practices, share information, and create a network of water efficiency leaders. Award recipients gain national recognition for their accomplishments, the opportunity to learn from other leaders, and the right to market themselves as recipients of this award. To view the Water Efficiency Leader Awards, visit: http://www.epa.gov/water/wel/. (SJH)

EPA Issues Final Regulation on Application of Pesticides to Waters of the US (Posted 12/4/06)

In the November 27 Federal Register, EPA issued a final regulation stating that the application of a pesticide in compliance with relevant requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not require a National Pollutant Discharge Elimination System (NPDES) permit in two specific circumstances. The first circumstance is when the application of the pesticide is made directly to waters of the U.S. to control pests that are present in the water. The second circumstance is when the application of the pesticide is made to control pests that are over or near waters of the U.S. This rulemaking is based on the Agency's interpretation of the definition of the term “pollutant” under the CWA as not including such pesticides. This final rulemaking replaces EPA's previously published Interim and Final Interpretive Statements on the issue. The final regulation is effective on January 26, 2007. To view the Federal Register notice, visit: http://www.epa.gov/fedrgstr/EPA-PEST/2006/November/Day-27/p20002.htm. (SJH)

EPA Inventory of Sources and Releases of Dioxin-Like Compounds now Available (Posted 12/4/06)

EPA announced in the December 1 Federal Register that it has released a final report titled, “An Inventory of Sources and Environmental Releases of Dioxin-Like Compounds in the U.S. for the Years 1987, 1995 and 2000” (EPA/600/P-03/002F), which was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development (ORD). The purpose of this report is to present a comprehensive inventory and overview of sources and environmental releases of dioxin-like compounds in the United States. The major identified sources of environmental releases of dioxin-like compounds are grouped into six broad categories: combustion sources, metals smelting, refining and process sources, chemical manufacturing sources, natural sources, and environmental reservoirs. The document will be available electronically through the NCEA Web site at http://www.epa.gov/ncea. To view the Federal Register notice, visit: http://www.epa.gov/fedrgstr/EPA-RESEARCH/2006/December/Day-01/r20294.htm. (SJH)

EPA Creates Award to Recognize Leadership in Water Quality Trading (Posted 12/4/06)

On November 20, EPA announced the initiation of a new awards program to recognize outstanding leadership in designing or implementing water quality trading programs and policies. The Blue Ribbon Water Quality Trading Awards will identify initiatives that have achieved or will achieve environmental and economic benefits and that most closely align with U.S. EPA's Water Quality Trading Policy. The Award is designed to help EPA promote water quality trading and create a network of trading leaders throughout the country. Nominations must be received by January 16, 2007. For more information about the Blue Ribbon Water Quality Trading Awards Program, visit http://www.epa.gov/owow/watershed/trading/awards.html. (SRT)

Democrats Elect House and Senate Leaders, Some Committee Posts Decided (posted 11/21/06)

The House and Senate Democrats elected their caucus leaders this week, selecting Nancy Pelosi as the first woman Speaker of the House and Steny Hoyer (D-MD) to the post of House Majority Leader. Senate Democrats elected Senator Harry Reid (D-NV) as their Majority Leader and Senator Dick Durbin (D-IL) Majority Whip. Senate Republicans also elected their leaders, awarding the post of Minority Leader to Senator Mitch McConnell (R-KY) and the post of Minority Whip to Senator Trent Lott (R-MS). Senator Reid also indicated that Senator Barbara Boxer (D-CA) will become Chair of the Senate Environment and Public Works (EPW) Committee when the 110th Congress convenes next year, and that Senator Dianne Feinstein (D-CA) will likely take over as Chair of the Senate Interior, Environment and Related Agencies Appropriations Subcommittee. With the Democratic House leadership race decided, Congressman John Murtha (D-PA) will likely remain Chair of the Defense Appropriations Subcommittee, and Congressman Norm Dicks (D-WA) will likely remain Chair of the House Interior and Related Agencies Appropriations Subcommittee, with jurisdiction over EPA’s budget. There was speculation that if Murtha was elected House Majority Leader, Dicks would move into the post of chair of the defense appropriations panel.

Today, Senator Boxer announced the re-organization of the Senate EPW Committee, expanding the number of subcommittees from 4 to 6. The subcommittees and their chairs will be: Subcommittee on Public Sector Solutions to Global Warming, Oversight, Children's Health Protection, and Nuclear Safety, chaired by Boxer herself. Joseph Lieberman (I/D-CT) will head the Subcommittee on Private Sector and Consumer Solutions to Global Warming and Wildlife Protection. Frank Lautenberg (D-N.J.) will chair the Subcommittee on Transportation Safety, Infrastructure Security, and Water Quality. Among other things, that subcommittee has jurisdiction over drinking water, chemical, and wastewater security. Tom Carper (D-DE) will chair the Subcommittee on Clean Air, Nuclear Plant Security, and Community Development. Sen. Max Baucus (D-MT) will chair the Subcommittee on Transportation and Infrastructure and Hillary Rodham Clinton (D-N.Y.) will head the Subcommittee on Superfund and Environmental Health. (PS)

EPA Releases Memo on Establishing TMDL “Daily” Loads (posted 11/21/06)

In response to a U.S. Court of Appeals for the District of Columbia Circuit decision in April that the word "daily" means "every day" in the Clean Water Act for total maximum daily loads (TMDLs), the U.S. Environmental Protection Agency (EPA) finalized a memo on November 15 clarifying their expectations for TMDL time increments. In the memo, EPA states that all TMDLs should contain daily limits, but that there is flexibility in how these limits are implemented. “EPA recommends that all future TMDLs and associated load allocations and wasteload allocations be expressed in terms of daily time increments. However, EPA does not believe that the Friends of the Earth decision requires any changes to EPA’s existing policy and guidance describing how a TMDL’s wasteload allocations are implemented in NPDES permits.” In the memo, EPA provides examples demonstrating flexibility in how daily time increments may be expressed in TMDLs. EPA also makes it clear that the development of future TMDLs according to state schedules is the highest priority at this time, not revising already approved TMDLs. EPA expects to release three draft fact sheets on how to apply the flexibility outlined in the memo to actual TMDL development methods sometime next week. WEF has met with EPA to discuss their approach to the court decision and its implications on the TMDL program and has a work group ready to comment on the fact sheets. If you would like a copy of the EPA memo, please e-mail your request to sthomas@wef.org. (SRT)

U.N. Report Reports Proliferation of Dead Zones (Posted 10/25/06)

There are about 200 low-oxygen "dead zones" threatening fisheries worldwide, according to a report by U.S. scientists attending a United Nations meeting on marine pollution in China. A primary cause of the problem: nitrogen-rich farm runoff. Algal blooms can also be triggered by nutrients from sewage, animal wastes and atmospheric deposition from the burning of fossil fuels. The best known low-oxygen, or hypoxic, area in the U.S. has spread over more than 6,000 square miles in the Gulf of Mexico. The dead zone emerges each spring and summer, as snowmelt from the Missouri and Atchafalaya rivers reaches the gulf. Other hypoxic areas have appeared off South America, China, Japan, southeast Australia and New Zealand. Robert Diaz, a professor at the Virginia Institute of Marine Science, told the U.N. meeting that the full list of new or newly registered dead zones would be available in early 2007. Diaz said the list would include areas in the Archipelago Sea, Finland; the Fosu Lagoon, Ghana; the Pearl River Estuary and the Changjiang River, China; the Mersey Estuary, United Kingdom; the Elefsis Bay, Aegean Sea, Greece; Paracas Bay, Peru; Mondego River, Portugal; Montevideo Bay, Uruguay; and the Western Indian Shelf. The data presented at the Beijing conference shows that nitrogen exports to the marine environment from rivers are expected to rise globally by 14 percent by 2030 when compared with the mid 1990s. To download a copy of the report, visit: http://www.gpa.unep.org/document_lib/en/pdf/report2-webversion_(global_soe).pdf. (SHJ)

EPA Reports Acid Rain Program Success (Posted 10/25/06)

EPA released its Acid Rain Program 2005 Progress Report on October 16, marking the 11th year of the program. Since 1995, the program has significantly reduced acid deposition in the United States by decreasing sulfur dioxide (SO2) and nitrogen oxides (NOx) emissions. According to EPA, overall compliance with the Acid Rain Program has been consistently high, nearly 100 percent, with no units out of compliance in 2005. In 2005, SO2 emissions from electric power generation were more than 5.5 million tons below 1990 levels. NOx emissions were down by about 3 million tons below 1990 levels. The Acid Rain Progress report summarizes human health and environmental improvements due to the program and includes sections on compliance strategies, surface water quality monitoring, environmental justice, and EPA's framework for accountability. Complete emission and allowance data, as well as atmospheric deposition and air quality maps can be found at: http://www.epa.gov/airmarkets. To view the Acid Rain Program 2005 Progress Report, visit: http://www.epa.gov/airmarkets/cmprpt/arp05. (SJH)

EPA Invites Public Participation in Development of Nanotechnology Program (Posted 10/25/06)

This week EPA sent letters to organizations and individuals inviting participation in the design and development of a stewardship program that will help the agency better understand the potential risks and benefits of nanotechnology. Nanotechnology is the science of creating or modifying materials at the atomic and molecular level to develop new or enhanced materials and products. The stewardship program will complement the agency's new and existing chemical programs under the Toxic Substances Control Act (TSCA). "By bringing people together to address this emerging technology, we can be well positioned to ensure the responsible development of nanotechnology, while at the same time, realizing its promise for a better tomorrow," said Jim Gulliford, assistant administrator for Prevention, Pesticides and Toxic Substances at EPA. Development and implementation of this program will include public scientific peer consultations to discuss risk management practices and characterization for nanoscale materials; an overall framework document describing the TSCA program for nanoscale materials; a document on distinguishing the TSCA Inventory status of "new" versus "existing" chemical nanoscale materials; a concept paper describing EPA's thinking for the Stewardship Program; workshops examining the pollution prevention opportunities for nanoscale materials; and a public meeting to discuss these documents and program elements. Additional information about the Nanoscale Materials Stewardship Program under TSCA is at http://epa.gov/oppt/nano/index.htm. (SRT)

Guide to Disposing of Drinking Water Treatment Plant Waste (Posted 10/25/06)

A new guide to help drinking water treatment plants properly dispose of their solid waste by-products is now available from the U.S. Environmental Protection Agency (EPA). The eight-page guide gives step-by-step recommendations on identifying whether solid waste is hazardous, determining the regulatory status (based on size) of a treatment plant that produces waste, and waste disposal options. It also provides EPA references and websites to learn more about federal regulations regarding solid waste disposal under the Resource Conservation and Recovery Act. To view the guide, visit: http://www.epa.gov/safewater/arsenic/pdfs/guide_arsenic_disposalhazardous-nonhazardous.pdf. (SJH)

EPA Requests Nominations for Drinking Water Contaminant Candidate List (Posted 10/25/06)

EPA announced in the October 16 Federal Register that it is requesting nominations of chemical and microbial contaminants for possible inclusion in the third drinking water Contaminant Candidate List (CCL 3). EPA is requesting information that shows the nominated contaminant may have an adverse health effect on people and that the contaminant occurs or is likely to occur in public water systems. Nominations must be received on or before December 15. Nominations can be submitted through the CCL3 nominations website at http://www.epa.gov/safewater/ccl/ccl3.html or by mail. To view the Federal Register notice, visit: http://www.epa.gov/fedrgstr/EPA-WATER/2006/October/Day-16/w17099.htm. (SJH)

EPA Requests Proposals for Activities to Advance Methane Recovery and Use as a Clean Energy Source (Posted 10/16/06)
EPA announced on October 11 that it is requesting proposals to fund projects and activities that support the Methane to Markets Partnership. The partnership is an international initiative to reduce global methane emissions by promoting methane capture-and-use projects in four major sectors including agriculture (animal waste management), coal mining, landfills, and oil and gas systems. EPA expects to award up to 20 cooperative agreements through this announcement, ranging from $25,000 to $300,000 per award, for a total of $2.5 million. EPA is requesting proposals for projects that support the partnership broadly, but that may include the following types of activities: directly identify, characterize, or implement methane capture-and-use projects – including technology transfer, feasibility and pre-feasibility studies, training and capacity building, or database development for potential sites. EPA seeks proposals from international governments, as well as public or private non-profit organizations. Proposals are due by Dec. 4. Additional information is available at http://www.epa.gov/methanetomarkets/activities.htm or at http://www.grants.gov/search/search.do?oppId=11145&mode=VIEW. (SJH)

New Manifest Form Required for All Hazardous Waste Handlers (Posted 9/19/06)
EPA announced on September 5 that all hazardous waste generators and treatment, storage, and disposal facilities must use EPA's standardized hazardous waste manifest form. Since 1980, the manifest form has provided a complete paper trail of a waste's progress from generation to disposal. It also identifies the type, amount, and toxicity of hazardous waste being shipped. The standardized form that is being implemented today, will save waste handlers and regulators time and money, while guaranteeing the continued, safe management of hazardous waste. The standardized form reduces or eliminates many of the variables in state requirements. EPA's new manifest form also provides check boxes and adds fields that allow for better tracking of complicated shipments, such as container residues, rejected wastes, and interstate shipments. The new form also makes it easier to collect data for hazardous waste reporting. EPA has ensured uniformity by authorizing printers and providing them with precise specifications. Like the old form, each standardized form carries a unique preprinted manifest tracking number. The standardized form also allows multi-state waste handlers to register and use their own manifest forms everywhere they do business. EPA estimates about 139,000 businesses in approximately 45 industries ship about 12 million tons of hazardous wastes annually. These businesses use between 2 and 5 million hazardous waste manifests. For more information on the Standardized Manifest Form, visit: http://www.epa.gov/epaoswer/hazwaste/gener/manifest/.

Draft Guidance for Implementing the Methylmercury Water Quality Criterion (posted 8/15/06)
In January 2001, EPA published ambient water quality criteria (AWQC) recommendations for methylmercury for the protection of people who eat fish and shellfish. This criterion, 0.3 mg methylmercury/kg fish tissue wet weight, marks EPA's first issuance of a water quality criterion expressed as a fish and shellfish tissue value rather than as an ambient water column value. This document provides technical guidance to states and authorized tribes exercising responsibility under section CWA 303(c) on how to use the new fish tissue-based criterion recommendation as they develop their own water quality standards for methylmercury.

http://www.epa.gov/waterscience/criteria/methylmercury/guidance-draft.html

NRDC Sues EPA for Missing BEACH Act Deadline (Posted 8/8/06)

The Natural Resources Defense Council (NRDC) filed a lawsuit against the U.S Environmental Protection Agency (EPA) on Aug. 3 for allegedly failing to comply with the requirement to update water quality criteria under the Beaches Environmental Assessment, Cleanup, and Health Act of 2000 (BEACH Act). The Act requires EPA to study human illnesses caused by polluted beach water by October 2003 and to promulgate revised water quality standards by October 2005. According to NRDC, current beach water health standards do not adequately protect the public, are 20 years old, and rely on obsolete monitoring methods and outdated science. NRDC filed the lawsuit in the U.S. District Court for the Central District of California, and released their 2006 report, Testing the Waters 2006: A Guide to Water Quality at Vacation Beaches, the same day. A copy of the report is available at http://www.nrdc.org/water/oceans/ttw/titinx.asp. (SRT)

EPA Proposes Short-Term Regulatory Revisions and Clarifications of Lead and

Copper Rule (Posted 7/21/06)

In the July 18 Federal Register, EPA proposed seven targeted regulatory changes to the

National Primary Drinking Water Regulations (NPDWR) for lead and copper. The proposed revisions are intended to strengthen the implementation of the Lead and Copper Rule (LCR) in the following areas: monitoring, treatment processes, customer awareness, and lead service line replacement. The proposed changes do not affect the basic requirements of the LCR, the lead or copper maximum contaminant level goals, or the lead and copper action levels. The proposal is an outgrowth of EPA's March 2005 drinking water lead-reduction plan, which was developed after analyzing the efficacy of the regulation and how states and locals were implementing it. EPA is accepting public comments submitted by September 18. The proposed rule is at http://www.epa.gov/fedrgstr/EPA-WATER/2006/July/Day-18/w6250.pdf (SRT)

EPA Announces Drinking Water SRF Allotments and Additional Grants for Drinking Water Programs (Posted 7/10/06)
On July 5, the U.S. Environmental Protection Agency (EPA) announced that states, territories and tribes will share more than $940 million from three EPA grant programs to support the quality and security of the nation's drinking water. Over $837 million will support Drinking Water State Revolving Fund (DWSRF) programs. Texas and California have the highest share of state funding in allotments for fiscal year 2006 and tentative allotments for fiscal year 2007. The Safe Drinking Water Act requires EPA to allot grant funding to each state based on its proportional share of total eligible needs. Shares are based on a formula, and each state must receive a minimum of 1 percent of the funds available to all states. The tentative allotments for 2007 are based on the amount of President Bush's fiscal year 2007 DWSRF budget request, $841.5 million. An additional $98 million in grants will fund the Public Water Supervision System. This system operates under the Safe Drinking Water Act and provides resources to implement and enforce drinking water regulations and programs. Finally, EPA will provide $5 million in FY 2006 counter-terrorism grants to states and territories. For more information, visit: Public Water Supervision System: http://www.epa.gov/safewater/pws/grants/ and Drinking Water State Revolving Funds: http://www.epa.gov/safewater/dwsrf/allotments/. (SJH)

Revised Rule Proposed for Lead in Drinking Water (Posted 7/10/06)
EPA announced on July 6 that it plans to strengthen its rules for lead in drinking water by revising the Lead and Copper Rule of 1991. The proposal would revise monitoring requirements, require that utilities receive state approval of treatment changes, revise public notification requirements, and require systems to reevaluate lead service lines that may have previously been identified as low risk after any major treatment changes that could affect corrosion control. The proposal is an outgrowth of EPA's March 2005 drinking water lead-reduction plan, which was developed after analyzing the efficacy of the regulation and how states and locals were implementing it. The proposal will be published in the Federal Register in the near future. The proposal and information about lead in drinking water is located at: http://www.epa.gov/safewater/lead. (SJH)

Court Rules EPA Failure to Regulate Stormwater at Construction Sites Violates CWA (Posted 7/10/06)

The U.S. District Court for the Central District of California ruled that the U.S. Environmental Protection Agency’s (EPA) failure to establish pollution standards for stormwater from construction sites violates the Clean Water Act (CWA). The ruling resulted from a September 2004 lawsuit filed by the Natural Resources Defense Council (NRDC) and other environmental groups challenged EPA’s decision not to promulgate national effluent guidelines and new source performance standards for stormwater runoff from construction sites. "The EPA isn't protecting our water, it's protecting asphalt," said Nancy Stoner, director of the Clean Water Project at NRDC. "The parking lot lobby may be happy about that, but Americans who like to swim, fish, and drink clean water are out of luck. Now the EPA has to do its job to safeguard public health." The court rejected EPA’s argument that the CWA gives the agency discretion to determine if national guidelines are appropriate for construction sites and stated that 33 U.S.C. Section 1314(m) requires the agency to set standards for all identified point sources of toxic and nonconventional pollutants. According to a written statement from the agency, EPA will study the decision to determine its next steps. A copy of the decision is available at http://docs.nrdc.org/water/wat_06062901A.pdf.). (SRT)

EPA Launches New Water Efficiency Program (Posted 6/19/06)

On June 12 the U.S. Environmental Protection Agency launched WaterSense, a new water efficiency program intended to educate American consumers on making water choices that save money and maintain high environmental standards without compromising performance. "Efficient products and informed consumers lead to smart water use. EPA's WaterSense program will provide water solutions that are a win-win for our wallets and our environment. WaterSense just makes sense," said EPA Administrator Stephen Johnson. The WaterSense program aims to raise awareness about the importance of water efficiency, ensure the performance of water-efficient products, and provide good consumer information. The WaterSense label will be placed on products and services that perform at least 20 percent more efficiently than their counterparts. According to EPA, the average household adopting water efficient products and practices can save 30,000 gallons per year. Manufacturers can certify that products meet EPA criteria for water efficiency and performance by following testing protocols specific to each product category. In addition, products will be independently tested to ensure EPA specifications are met. These products will be available to families and businesses early next year. Information about the WaterSense program is available at www.epa.gov/watersense. (SRT)

EPA Proposes Rule on Water Transfers; No Permit Required (posted 6/7/06)

On June 1 the U.S. Environmental Protection Agency (EPA) announced a proposed rule that would clarify that permits are not required for transfers of water from one body of water to another. The proposed rule would define such transfers as the movement of water between bodies of water without subjecting the water to intervening industrial, municipal or commercial use. "The Water Transfer Rule gives communities needed flexibility to protect water quality, prevent costly litigation and promote the public good," stated EPA Assistant Administrator for Water Ben Grumbles when announcing the proposed rule. According to EPA, thousands of water transfers currently in place across the country are vital to the water infrastructure. Transfers include routing water through tunnels, channels, or natural stream courses for public water supplies, irrigation, power generation, flood control, and environmental restoration.

Several recent court cases have dealt with whether a permit for water transfers is required under the Clean Water Act's National Pollutant Discharge Elimination System (NPDES) program. In 2004, the question went before the U.S. Supreme Court in South Florida Water Management District v. Miccosukee Tribe of Indians. The court did not rule directly on the issue, generating uncertainty about the need for a permit. EPA concluded in 2005 that Congress intended water resource-management agencies and other state authorities to oversee water transfers, not the NPDES permitting program. This proposed rulemaking codifies that conclusion. EPA will accept comments on the proposed rule for 45 days after publication in the Federal Register. The proposed rule and additional information on water transfers are available at http://www.epa.gov/npdes/agriculture#water_transfer. (SRT)

EPA Releases New Guides for Complying with the Stage 1 Disinfectants and Disinfection Byproducts Rule (posted 6/7/06)

EPA announced the availability of three new guides to assist small drinking water systems in complying with the Stage 1 Disinfectants and Disinfection Byproducts Rule (Stage 1 DBPR). These guides provide information about the health risks associated with disinfectants, disinfection byproducts (DBPs), and residual disinfectants; the monitoring requirements of the Stage 1 DBPR; how to determine if you are in compliance; what to report to the state and customers; and how to maintain compliance through partnerships, treatment, and other options. The guides and additional information on implementing microbial and disinfection byproduct rules are available on EPA’s website at http://www.epa.gov/safewater/mdbp/implement.html. (SRT)

EPA Begins Annual Beach Monitoring Program (posted 6/7/06)
This week EPA’s surveillance helicopter, the “Coastal Crusader,” kicked off the Agency’s annual beach monitoring program by scanning the coastal waters of New Jersey and New York and gathering water samples. Each summer, EPA takes samples of coastal waters to determine whether the levels of bacteria in the water are safe for recreation. In addition, EPA has given New Jersey and New York about $600,000 in grants to help them test for pathogens this year. EPA uses the helicopter to search for floating debris that can wash up on area beaches and shares data with the U.S. Army Corps of Engineers, which uses skimmer vessels to scrape debris from the surface water. EPA also uses the helicopter throughout the beach season to test for dissolved oxygen up to nine miles off the coastline. In addition, EPA conducts semi-monthly sampling for phytoplankton. Changes in phytoplankton levels can provide an early warning of noxious algae blooms that threaten water quality and sea life. The sampling results are shared with federal, state and local agencies to help them determine if beach closures are necessary. Additional information on EPA’s coastal water activities is available at http://www.epa.gov/region02/water/oceans/copter.htm and http://www.epa.gov/ost/beaches. (SRT)

State Drinking Water Fund Report Tops $9 Billion for Infrastructure Improvements
EPA released the Drinking Water State Revolving Fund (DWSRF) 2005 annual report on May 18. The first of its kind, the report stated that almost $9.5 billion in drinking water improvements has been invested by the states since 1996. Congress established the program in 1996 to help finance infrastructure improvements. The report focuses on nearly 4,400 projects that have ranged from treatment, transmission and distribution, and rehabilitation of wells to developing new sources of water, upgrading storage facilities, and consolidating water systems. Since the program's inception, almost 73 percent of all DWSRF loans have been made to water systems serving fewer than 10,000 people. Additional information on the DWSRF annual report is at http://www.epa.gov/safewater/dwsrf. (SJH)