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The Water Resources Coalition was established in 2007 to promote the development, implementation and funding of a comprehensive national water resources policy. With member organizations representing state and local governments, conservation, engineering and construction, ports, waterways and transportation services, the Coalition works to ensure that a comprehensive, national water resources policy is developed, implemented and funded to provide a sustainable, productive economy; a healthy aquatic ecology; and public health and safety. For more information, visit the Water Resources Coalition Web site at www.waterresourcescoalition.org. |
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House Committee Approves Bill on Clean Water Standards
The House Transportation and Infrastructure Committee approved a bill that would strip the Environmental Protection Agency of authority under the Clean Water Act to revise state water-quality standards once they are agreed to by the state and EPA.
Under present law, EPA may veto a new state water-quality standard for a previously regulated pollutant if the EPA determines that the new standard is not consistent with the Clean Water Act. H.R. 2018, the Clean Water Cooperative Federalism Act, would give each state the final say in whether a revised state water-quality standard satisfies the Clean Water Act.
The bill was passed 35-20, with 30 Republicans and five Democrats on the committee supporting the bill introduced by Rep. John Mica (R-FL), chair of the committee. 19 Democrats and 1 Republican opposed the bill.
"The bill restricts EPA's ability to second-guess or delay a state's permitting and water-quality certification decisions under the CWA after the federal agency has already approved a state's program," the committee said in a statement released this week.
Some highlights:
- State Water Quality Standards: Restricts EPA's ability to issue a revised or new water quality standard for a pollutant whenever a state has adopted - and EPA has already approved - a standard, unless the state concurs.
- State Section 401 Water Quality Certification: Prohibits EPA from superseding a water quality certification (that a discharge will comply with applicable water quality requirements) granted by a state under section 401.
- Approval of State NPDES Permit Program Authority: Prohibits EPA from withdrawing approval of a state NPDES program, or from limiting federal financial assistance for the state program, on the basis that EPA disagrees with the state regarding a (i) water quality standard that a state has adopted and EPA has approved, or (ii) the implementation of any federal guidance that directs a re-interpretation of the state's approved water quality standards.
- EPA Veto Authority over State NPDES Permitting Decisions: Prohibits EPA from objecting to a state's issuance of an NPDES permit on the basis of (i) EPA's differing interpretation of an approved state water quality standard, or (ii) the implementation of any federal guidance that directs a re-interpretation of the state's approved water quality standards.
- EPA Veto Authority over Corps Section 404 (Discharges of Dredged or Fill Material) Permitting Decisions: Restricts EPA's ability to veto a Corps 404 permitting decision unless the state concurs with the veto.
- State Permit Program for the Discharge of Dredged or Fill Material: Allows a state to assume and administer only parts of the 404 permit program rather than the entire program.
Democrats on the committee said the bill would roll back the country's water-quality programs to pre-1972 levels, the year Congress originally enacted the Clean Water Act. They said the bill would prevent the federal government from employing new scientific data to revise state standards for regulated pollutants without a state's concurrence, even if the science supported stronger standards.
House Minority Leader Eric Cantor (R-VA) says he hopes to have a floor vote on the bill this summer. |
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House Subcommittee Cuts Corps Budget for FY 12
The House Energy and Water Development subcommittee has approved a Fiscal Year 2012 budget for the U.S. Army Corps of Engineers Civil Works program that the subcommittee acknowledges will shortchange the U.S. economy.
The FY 2012 budget request for the Civil Works program totals $4.57 billion, a decrease of $284 million (5.9 percent) from fiscal year 2011. After accounting for one-time rescissions in the 2012 budget request and the 2011 Continuing Appropriations Act, the request is an overall decrease of $424 million from current levels. As in previous years, most of the reduction is in the Construction account. Increases are requested only for the Flood Control and Coastal Emergencies, Regulatory, and Office of the Assistant Secretary of the Army for Civil Works accounts.
"This level of investment, as with previous budget requests, is not reflective of the Corps' importance to the national economy, jobs, and international competitiveness," the subcommittee said this week. "While the (subcommittee) is firmly committed to addressing the nation's deficit problem, (it) urges the administration to take into account--while developing its budget request--the extraordinary economic benefits of the projects historically funded in the Corps accounts. Investments in the water resource infrastructure, particularly navigation infrastructure, not only provide short-term economic benefits by directly creating jobs, but also provide the foundation necessary for long-term economic growth."
The subcommittee also cut the FY 2012 budget for the Bureau of Reclamation to $905.3 million for the Bureau of Reclamation, a reduction of $157 million below fiscal year 2011 and $113 million below the president's 2012 budget request.
For more information visit the Committee's website.
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Senate Committee Examines Federal Flood Insurance Program
The Senate Banking, Housing and Urban Affairs Committee began examining ways to put the National Flood Insurance Program (NFIP) on a sound financial footing. But the administrator of the Federal Emergency Management Agency (FEMA) told the committee this week that that may not be very easy.
Flood losses in 2005 from Hurricanes Katrina and Rita and the 2008 Midwest flood and Hurricanes Ike and Gustav weakened the financial stability of the NFIP due to the impact of storm surge on property and inland flooding on rivers. The NFIP now owes the federal Treasury almost $18 billion that FEMA was forced to borrow to cover losses since 2005. The NFIP, established in 1968, was self-supporting from 1986 until 2005 as policy premiums and fees covered all expenses and claims payments.
FEMA Administrator Craig Fugate said the NFIP is unlikely ever to recover the Treasury debt under the program's current structure. Part of the problem lies in the premiums, which now total $3 billion annually. About $1.5 billion in additional premiums are lost due to the federal policy of subsidizing flood insurance, Fugate said. This means FEMA must borrow from the Treasury to cover the shortfall. "FEMA is unlikely to pay off its full [Treasury] debt, especially if it faces catastrophic loss years," he added.
Fugate said FEMA also is working with the private insurance industry to get them to assume more of the risk of flood losses by insuring lower risk communities. Areas with higher flood risks likely will remain subject to federal subsidies, he said. Another option would be to require flood-prone communities to assume more responsibility by adopting flood mitigation and preparedness measures, with communities refusing to do so receiving less federal disaster assistance.
In a separate report this week, the Government Accountability Office told the Banking Committee and the House Financial Services Committee that FEMA needs to improve its management of the NFIP.
"Because FEMA has not developed goals, objectives, or performance measures for NFIP, it needs a strategic focus for ensuring program effectiveness," the GAO report said. "FEMA also faces human capital challenges, including high turnover and weaknesses in overseeing its many contractors. Further, FEMA needs a plan that would ensure consistent day-to-day operations when it deploys staff to federal disasters. FEMA has also faced challenges in collaboration between program and support offices. Finally, FEMA lacks a comprehensive set of processes and systems to guide its operations, in particular a records management policy and an electronic document management system."
For more information on the GAO report: http://www.gao.gov/products/GAO-11-297 |
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Corps of Engineers Incorporates Climate Change into Planning
Responding to a White House directive, Jo-Ellen Darcy, Assistant Secretary of the Army for Civil Works, has issued a new Corps of Engineers policy on the agency's response to climate change.
The "Policy Statement on the Adaptation to Climate Change" was issued in response to instructions from the Council on Environmental Quality and the Office of Management and Budget on implementing programs to adapt to climate change. The administration's instructions to federal agencies require the agencies to integrate climate change adaptation into their planning, operations, policies, and programs.
The new Corps of Engineers statement requires the Corps to:
- Address climate change adaptation as part of the agency's missions, operations, programs and projects.
- Continue climate change adaptation planning and implementation with expert assistance and interagency collaboration.
- Consider potential climate change impacts when undertaking long-term planning, setting priorities, and making decisions affecting its resources, programs, policies, and operations.
"The successful implementationof this adaptation policy will help enhance the resilience of the built and natural water-resource infrastructure [that] USACE manages and reduce its potential vulnerabilities to the effects of climate change and variability," the policy states. The policy took effect on June 3.
The statement can be accessed on the Corps' website.
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Senate Committee Passes Pesticides Bill
The Senate Agriculture, Nutrition and Forestry Committee on June 21 passed HR 872, which would exempt pesticide users who spray over water from obtaining a second permit under the Clean Water Act. The bill would undue a 2009 court ruling requiring the Environmental Protection Agency to begin issuing the new permits by October 31st. Many water districts are concerned that without the legislation products useful in removing algae from canals will no longer be available.
The committee passed the legislation in a voice vote off the Senate floor. There were no amendments offered.
Ranking Member Pat Roberts (R-KS) said, "This bill will eliminate a double layer of red tape that ultimately costs producers and consumers, and I stand ready to protect public health and reduce duplicative regulations by moving this bill to the Senate floor."
However, after the vote, holds were placed on the bill by several Democratic Senators. When asked about the parliamentary maneuvering, Chairwoman Debbie Stabenow (D-MI) indicated while she prefers the regulatory solution she is addressing concerns raised by Senate Environment and Public Works Chairwoman Barbara Boxer (D-CA.) and Maryland Senator Ben Cardin (D-MD). Stabenow emphasized that her staff has spoken with Boxer's about the measure and that Boxer's concerns about the bill will be worked out before it is brought to the Senate floor.
The House passed the measure in March by a 292-130 vote. It earned the support of all the chamber's Republicans and 57 Democrats. |
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ASPBA Working on WRDA Provisions
The Water Resources Development Act currently being drafted in the Senate and forthcoming in the House provides the water resources community with a great opportunity to improve the laws governing our nation's most important resource: its water. The American Shore and Beach Preservation Association (ASBPA), a Water Resources Coalition member, is taking advantage of this opportunity by working to have the Senate Environment and Public Works Committee (EPW) include three provisions in the bill that would greatly increase the effectiveness of federal participation in shore protection efforts.
The first proposed change is in regards to the Army Corps of Engineers' Regional Sediment Management (RSM) program, which helps to protect coastal communities from flooding and shoreline erosion by tying beach replenishment to local dredging operations. These RSM projects allow the Corps to place recently dredged sand on the beach, where it provides needed shoreline protection, rather than back into the ocean. The cost of placing the sand on the beach, instead of out at sea, is minimal. Unfortunately, the current law only allows for RSM projects that are tied directly to a federal navigation channel, thereby severely limiting the Corps' ability to manage sediment throughout an entire region. ASBPA is working to have this requirement removed so that the Corps is free to manage sediment on a truly regional scale, as the program title suggests.
ASBPA is also proposing a provision that would create a process for reauthorizing coastal protection projects that are nearing the end of their 50-year authorization. Starting in 2015, many of America's coastal communities that rely on the Corp's beach replenishment program to protect their homes, infrastructure, and environment will be losing federal involvement in these programs. ASBPA's WRDA proposal would allow the Corps of Engineers to begin assessing the viability and importance of continuing a project several years before its authorization expires, so that no communities would be left vulnerable. This proposal would still direct the Corps to perform a rigorous, scientific assessment to determine a federal interest in continuing support of this water resource project.
The final proposed change would allow the Army Corps an increased ability to leverage non-federal investment to complete studies and projects on time and on budget. Currently, non-federal entities are barred from contributing to a shore protection project at levels above their cost-sharing agreement. ASBPA's provision would give non-federal sponsors the ability to pay for up to 100% of the cost of a study or project, without the Corps being obligated to repay the funding. This provision will help to get more Corps projects completed on time and will produce final projects that fully meet local design specifications.
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Obama Nominates New EPA Assistant Admistrator of Water
President Obama has named Kenneth J. Kopocis to be the Assistant Administrator of Water at the Environmental Protection Agency. If confirmed by the Senate, he will replace Peter Silva, who resigned earlier this year.
Kopocis has been a longtime member of the Democratic staff on the House Transportation and Infrastructure Committee. He served as chief counsel on the subcommittee on water resources and the environment, which has jurisdiction over the Clean Water Act and the Water Resources Development Act (WRDA).
From 1985 to 1993, he served as assistant counsel to the water resources subcommittee before moving up to staff director and senior counsel. From 2006 to 2008 Kopocis was deputy staff director for infrastructure on the Senate Environment and Public Works Committee. In 2007, he helped steer the most recent WRDA bill into law over President Bush's veto.
He previously served as an attorney in the Government Accountability Office and at the General Services Administration. Kopocis holds a Bachelor of Science degree from the University of Nebraska, Omaha, and a law degree from the College of William and Mary. |
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Sincerely,
Brian Pallasch and Marco Giamberardino
Co-Chairs
Water Resources Coalition |
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