MOST RECENT DEVELOPMENTS:
Congress has begun consideration of legislation to fund EPA’s clean water and other programs for FY2007. The President’s budget, released in February, requested $687.6 million for grants to capitalize clean water state revolving funds (SRFs), 22% less than FY2006 funding. On May 18 the House passed H.R. 5386, providing EPA appropriations, and agreed to the clean water funding level requested by the President.

In July 2005, Congress passed the conference report on energy policy legislation, H.R. 6 (P.L. 109-58); one provision (Section 323) provides a permanent exemption from stormwater runoff rules for the construction of exploration and production facilities by oil and gas companies or the roads that service those sites. In January, EPA proposed a rule to implement this provision of P.L. 109-58.

Abstract: Congress enacted the last major amendments to the Clean Water Act in 1987 (P.L. 100-4). Since then, the Environmental Protection Agency (EPA), states, and others have been working to implement the many program changes and additions mandated in the law. At issue today — more than 30 years after enactment of the core law — is what progress is being made to achieve its goals. In general, states and environmental groups fault EPA for delays in issuing guidance and providing assistance to carry out the law. EPA and others are critical of states, in turn, for not reaching beyond conventional knowledge and approaches to address their water quality problems. Environmental advocates have been criticized for insufficient recognition of EPA’s and states’ need for flexibility to implement the act. Finally, Congress has been criticized for not providing adequate resources to meet EPA and state needs. Appropriations for clean water programs, especially water infrastructure, are a continuing issue.

Three issues have predominated recently in connection with implementation of the law. The first involves funding to construct municipal wastewater treatment plants under the state revolving fund (SRF) provisions of the 1987 amendments. Budgetary constraints on federal aid for wastewater treatment and large remaining funding needs are long-standing concerns. The President’s FY2007 budget requested $688 million for these SRF grants, 22% less than FY2006 funding, and in May 2006 the House passed legislation providing the level requested by the President (H.R. 5386). The Senate Appropriations Committee approved the same level in June. Final action did not occur before the 109th Congress adjourned in December, thus carrying over this legislative activity to the beginning of the 110th Congress.

 [read report]

Topics: Water, Legislative, Pollution