Document NE8jLDYRjb4py0j45GwM6bbdD

Washington Report 1 Volume 17 Number 4 April 1984 WUC ACE TECHNICAL SESSION: HOW SAFE SHOULD DRINKING WATER BE? Against a backdrop of increased emphasis on groundwater pollution, the interrelation ship of groundwater contamination and safety of drinking water, and concern about removing contaminants found only in minute quantities, the Water Utility Council will host a panel dis cussion on "How Safe Should Drinking Water Be?" at the Annual Conference in Dallas. The topic is particularly apropos in light of the current political climate, which suggests basing drinking water standards on best available technology (as do proposed revisions to the Safe Drinking Water Act). National attention is also focused on broadening the data base on health effects of contaminants found using rapidly improving analytical capabilities; increas ing operational problems and costs for removing every trace of complex contaminants; the growing public perception and media hoopla about quality of tap water; and using risk assessment and risk management in developing standards (proposed by EPA Administrator William Ruckelshaus in a 1983 speech). Following an introduction by AWWA President Bill Lynch, an overview of Council activ ities by outgoing Chairman Foster Burba and a review of EPA's drinking water program by Assistant Administrator for Water Jack Ravan, the panel will provide an opportunity to air views of the myriad groups concerned about provision of drinking water. Panelists include Jean Auer, water director for the Bay Area League of Women Voters, representing the public; Vic Kimm, director of the EPA Office of Drinking Water, repre senting the regulatory agency; Foster Burba, president of the Louisville (KY) Water Company, the water supplier; Robert Neal, president of the Chemical Industry Institute for Toxicology, the scientific community; and William Ford, director of the public water program for the Mis^puri Natural Resources Department, the primacy agency. Set for 9:00 am, Wednesday, June 13, the five-member panel promises to both pique your interest and educate you. The WUC will meet at the ACE on Monday, June II. On the agenda are proposed revi sions to the SDWA, groundwater and reports from committees examining emergency response by utilities and suggested policy statements on environmental issues. All members are wel come to attend the meeting. .. Also at the ACE, look for an outstanding keynote speech from Sen. Dennis DeConcini (D-AZ), chairman of the National Water Alliance. DeConcini sees the A1 fiance as providing bipartisan leadership to address the "frightening pattern of inadequate preparation and plan ning, increasingly complex and conflicting resource demands and an inevitable financial shortfall of staggering proportions." He will be joined by Merilyn Reeves, second vice presi dent of the League of Women Voters, who has been active on local, as well as national, water issues. Reeves-is currently a member of the National Drinking Water Advisory Council. ****** V . THE WUC TECHNICAL SESSION AT THE ^CE - DON'T MISS IT!! / AWWA Washington Report is published under the auspices of the AWWA Water Utility Council by the Government Affairs Office, American Water Works Association, 1010 Vermont Avenue, NW, Washington, DC 20005. (202) 628-8303. CAPCO JEN 0020856 IN THE FEDERAL REGISTER ... SECTION 404: On March 29, the Corps of Engineers proposed a rule (49 r ^ 12660) limiting the scope of Clean Water Act section 404 dredge and fill actions al lowable under a nationwide general per mit. The rule affects isolated waters and areas above headwaters, both primarily wetlands areas. Individual permits for 404 activities in such areas will be required if the affected area is larger than 10 acres. Activities covering one to ten acres may require individual permits; the Corps will review the planned action, in consultation with other agencies, to determine whether an individual, or a nationwide, permit is re quired. Submit comments by May 29, 1984 to Office of the Chief of Engineers, ATTN: DAEN-CWO-N, Washington, DC 20314 .. . BUREC 404 PERMITS: Bureau of Reclamation has requested nationwide per mits for activities that will "neither indi vidually nor cumulatively have a significant effect on the human environment" (49 FR 13568). Activities to be conducted under the nationwide permit include training, re search and data collection, construction of authorized projects, operating and mainten ance and various grant programs. Com ments are due May 21 to Dr. Robert Pierce or Sam Collinson, HQDA, DAEN-CWO-N, Washington, DC 20314, (202) 272-0199 ... SUPERFUND: A report prepared by law professor Fred Anderson, University of Utah, concerning use of negotiation in cleaning up hazardous waste dump sites will be discussed at a May 14 meeting of the Administrative Conference of the US com mittee on judicial review (49 FR 14411). The report reviews Superfund implementa tion, suggesting greater use of negotiation among responsible parties to expedite the voluntary cleanup process. The negotiation in advance of litigation should involve in terested citizens' groups as well as industry and government representatives. The draft report is available from Administrative Conference of the US, 2120 L Street, NW, Washington, DC 20037, (202) 254-7065. ****** GAO REPORTS ON ... GROUNDWATER: Groundwater con tamination is a "significant and widespread problem" and "the extent of contamination is unknown," states GAO's "Federal and State Efforts to Protect Ground Water", GAO/RCED-84-80. In a 15-state study, GAO found only three states that did not see groundwater contamination as a prob lem. The most prevalent groundwater con tamination sources, the report stated, are hazardous waste sites; landfills, lagoons, dumps and junkyards; spills and leaks of petroleum products, including underground storage tanks; and industrial site solvents and chemicals. The diversity of pollutant sources, as well as state and regional dif ferences, may make identifying a uniform, national solution to groundwater contamin ation impossible, GAO said. The 15 states surveyed favored funding, research and de velopment as federal groundwater protec tion activities, with regulatory activities left to state control ... COST-BENEFIT ANALYSIS: GAO recommends that Congress "reexamine the need" for restrictions on use of cost-benefit analysis in environmental rulemaking. "Cost-Benefit Analysis Can be Useful in Assessing Environmental Regulations, Despite Limitations," GAO/RCED-84-62, goes on to state that "cost-benefit analysis shows promise as a tool for assessing envi ronmental regulations" that can "contribute to more cost-effective regulation by syste matically presenting the advantages and disadvantages of alternative regulatory ap proaches." Nor is EPA let off the hook for its poor use of cost-benefit analyses. GAO recommends the agency isolate the most likely estimates of regulatory effects; high light priorities to address the most critical data gaps affecting precision of cost-bene fit analyses in congressional budget submis sions; and submit to Congress the analyses that cannot be used in rulemakings $ue t.ot restrictions in the law. v Reports are available from GAO, Document Handling and Information Services Facility, PO Box 6015, Gaithersburg, Maryland 20760, (202) 275-6241.- CAPCO JEN 0020857 UP ON THE HIL1____ SDWA: Sen. David Durenberger (RMN) has circulated draft proposed amend ments to the Safe Drinking Water Act. The draft requires simultaneous proposal of maximum contaminant level goals and na tional primary drinking water regulations. Other provisions include: publication of a list establishing priorities for review of tox ic pollutants; setting MCL goals at which no known _or anticipated adverse health effects occur; setting MCLs as close to MCL goals as feasible, without considering cost; issu ing variances only after installation of best technology; specifying treatment tech niques that prevent known or anticipated adverse health effects, considering eco nomic and technological monitoring feasi bility; requiring all public water systems to monitor for unregulated contaminants at least once every four years; and banning injection of hazardous wastes into or above aquifers within fc mile of a drinking water source or below a formation containing drinking water. Durenberger plans to intro duce the bill when Congress returns from recess at the end of April . . . GROUNDWATER: Two days of hear ings before House Government Operations subcommittee on environment resulted in conflicting statements on EPA's ground water policy. EPA Deputy Administrator Al Aim called the policy a "solid beginning" in solving the problems of groundwater con tamination. He pointed to the policy's emphasis on state action and control and cited proposed support for state programs from grants, for development of manage ment strategies and implementation plans as well as from technical assistance. Aim acknowledged that funds will be drawn from existing sources identified through discus sions with states and EPA regional offices. Non-federal speakers urged a more aggressive groundwater protection strategy and increased funding. While noting that existing laws are adequate, National Water Well Association's Jay Lehr pointed out that poor implementation results from lack of funds and manpower. Environmental groups cited lack of coordination at EPA in setting standards to address groundwater contam ination. Industry cited consideration of "quality and quantity" as paramount . . . EPA FUNDING: A mixed bag of or ganizations and congressmen supported in creases in EPA funding for FY 85, citing progress by the agency in implementing en vironmental laws. In a rare show of agree ment, environmentalists and industrialists called for more research funds for the agency. Environmental groups cited groundwater contamination as an area needing increased research and attention. At the same hearing, the AWWA Research Foundation called for a second $1 million add-on to the EPA budget to be matched by the RF. The resulting $2 mil lion will be used to continue the joint fed eral-water utility research program which has already identified 15 projects to be funded with FY 84 monies and 20 research areas for FY 85. Federal funding will pro vide time for the utility industry to develop a self-supported research program . . . WATER RESOURCES: Senate Energy review of S 1739, passed by Senate Environ ment in November 1983, should be com pleted by the end of April. No action has been taken on Title 8, which provides a loan program for public water supplies. Admin istration representatives disagreed on cost sharing, with the Corps' William Gianelli saying it provides "a new direction" and re lieves the federal dollar burden of water project construction; and Interior's William Horn charging that the cost-sharing provi sions conflict with Administration policy. Water policy board opponents charge that creating another level of bureaucracy will not solve water policy coordination prob lems while supporters allege that the board would develop, coordinate and provide di rection to federal water policy. HR 3678, reported by House Public Works in August, is also undergoing addi tional review, although not of Title 8, the House public water supply loan program. House interior voted to retain the water policy board and removed restrictions on its study of interbasin transfers in the Columbia River Basin. House Merchant Marine added provisions allowing nonfederal interests to begin construction of author ized projects after completion of environ mental impact statements ... t V CAPCO JEN 0020858 AROUND WASHINGTON ... EPA has officially opened an Office of . . . EPA's new water pollutant control Groundwater Protection, headed by newly policy proposed use of bipJogical and chem appointed Director Marian Mlay. The of ical methods to assess toxic substances in fice will coordinate all agency groundwater surface water. The agency expects*1 the in activities, provide guidance to EPA regional tegration of biological and chemical groundwater programs and develop policies methods to aid industries as well as munici and guidelines for groundwater activities. palities in measuring the impact on receiv A Groundwater Steering Committee, under ing waters and subsequently controlling pol the aegis of the groundwater office, will lutants to a greater extent than use of make recommendations on budget requests and review proposed policy. A Groundwater Oversight Committee chaired by Jack technology-based requirements. Choice of method is left to the states, depending on the individual situation. States will also be Ravan, assistant administrator for water, expected to develop water quality-b.ased will be given staff support from the effluent limits for inclusion in any national I groundwater office . . . pollutant discharge elimination system I permit issued under the policy. EPA will . . . EPA has formed an intergovern mental task force on nonpoint source pollu provide guidance on the limits to those states requesting it . . . tion, chaired by assistant administrator for water Jack Ravan. Federal task force . . . Workshops on financing and user members include, in addition to EPA, the charges for wastewater treatment will be ! Soil Conservation Service, Agricultural conducted by the Water Pollution Control i Stabilization and Conservation Service, Federation on June 6-7 in Hyannis, MA; and Forest Service, Office of Surface Mining, July 11-12 in San Francisco. Topics include Corps of Engineers and Tennessee Valley Authority; six state representatives will also participate. Task force goal is to de institutional and financing alternatives, revenue requirements, cost distribution, rate design, industrial considerations, medi velop new approaches to control of pollu tion from nonpoint sources . . . ation and the EPA viewpoint. WPCF will also hold five workshops on 1984 construc . . . Interior Department has approved a flood control and storage system for the Central Arizona Project. Plan 6 includes construction of New Waddell Dam on the Agua Fria River, Cliff Dam on the Verde River and modification of Roosevelt and Stewart Mountain Dams on the Salt River. It will protect Phoenix from flooding and provide sufficient storage to ensure water delivery to the entire CAP service area. Costs will be shared between the Bureau of tion grants guidelines, on May 21-22 in San Francisco; June 4-5 in Denver; June 7-8 in Ne^'Orleans; June 18-19 in Chicago; and June 21-22 in Boston. The construction grants workshops will focus on project per formance certification, pre-treatment, re serve capacity and maximum allowable project costs. For information on the workshops, contact Education Division, WPCF, 2626 Pennsylvania Avenue, NW, Washington, DC 20037, (202) 337-2500. Reclamation and CAP beneficiaries . . . 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