The Week Ending June 30, 2000
This weekly report is written by ASCE's Government Relations staff. If you have questions or comments about any items in this report, please contact Brian Pallasch, Michael Charles, Martin Hight, Austin Fulk, or Liz Hermsen at 202/789-2200.
Inside This Week:
Congress Seeks to Block TMDL Regulation
In an effort to block a major environmental regulation, the House and Senate approved a bill this week that would prevent the Environmental Protection Agency (EPA) from implementing its proposed Total Maximum Daily Load (TMDL) regulation until at least October 1, 2001. The Senate officially passed H.R. 4425, the Military Construction /supplemental appropriations package, with a voice vote on June 30 and the House passed the bill with a vote of 306-110 on June 29. Leaders of the two houses approved additional language in the supplemental appropriations bill for fiscal year 2000 that would preclude EPA from spending any funds in FY 2000 or FY 2001 to carry out the new TMDL program that was proposed in August 1999.
In a statement released on June 19 during the House consideration of similar language in the EPA appropriations bill, the White House said the president "strongly objects to language blocking implementation of a pending revision to EPA's TMDL water pollution rule, which is intended to provide an effective, common-sense framework for cleaning up remaining polluted waters. This legislative rider would significantly slow efforts to clean up the almost 20,000 bodies of water nationwide that States have identified as still too polluted for fishing and swimming."
It was not clear late this week whether the president would veto the supplemental spending bill, which also contains $8.83 billion for military construction programs in FY 2001 and $11.2 billion in additional spending in FY 2000 to control drug shipments from Columbia and to assist victims of Hurricane Floyd.
Bill Introduced to Repeal Federal Gas Tax
A group of Representatives introduced a bill on June 27 that would roll back the entire 18.3 cents per gallon federal gas excise tax until next spring. Representatives Michael Collins (R-GA), J.D. Hayworth (R-AZ), and Jack Kingston (R-GA) unveiled a broad measure that would repeal the tax until March 31, 2001. H.R. 4776 currently has 16 co-sponsors. President Clinton said on June 28 that any elimination of the gas tax would require Congress to decide where to cut federal highway funding. Presidential candidate George W. Bush said on June 27 the he would want to consider how repealing all or part of the gas tax would affect transportation projects around the country before deciding whether he would support the idea.
In early April, the U.S. Senate voted to defeat a bill that would have suspended a federal excise gas tax of 4.3 cents per gallon. ASCE opposes a repeal of the federal gas excise tax because the tax is a dedicated user-fee, with all of the funds going into the Highway Trust Fund to be used for highway and transit projects. ASCE's policy on transportation trust funds is available on the web.
More Than a Third of Nation's Waterways Remain Polluted -- EPA
The Environmental Protection Agency (EPA) reported this week that 40 percent of the nation's assessed waterways remain too polluted for fishing and swimming. Runoff from agricultural lands and urban areas remains the primary source of the leading pollutants: silt, bacteria, phosphorus and nitrogen, and metals.
"This summer, we will release a new [Total Maximum Daily Load] program to help states address polluted runoff, so that we can once and for all restore the nation's waterways," said Assistant EPA Administrator J. Charles Fox in a statement.
The 1998 figures reflect the states' assessment of a third of the nation's waterways. Among the states' findings, more than 290,000 miles of 840,000 miles of assessed rivers and streams do not meet water quality standards. States also assessed nearly half of all lakes, reservoirs, and ponds, finding nearly half polluted. Of the Great Lakes, 90 percent of their shoreline miles were assessed; of those, 96 percent of the shoreline miles indicated pollution exceeding water quality standards to protect human health. Although threats remain, states found that ground water quality generally remains good and can support many different uses.
Additional information, including a fact sheet and the full report, the "National Water Quality Inventory: 1998 Report to Congress," is available at: http://www.epa.gov/ow.
EPA Defends Rule Curbing Arsenic in Drinking Water
The Environmental Protection Agency (EPA) appeared before Congress this week to defend its decision to establish a new regulatory standard for arsenic in drinking-water.
Assistant EPA Administrator J. Charles Fox told the Subcommittee on Fisheries, Wildlife, and Water of the Senate Environment and Works Committee that the current state of the science could allow EPA to set an arsenic standard as low as three parts per billion. EPA is proposing a new drinking water standard of five micrograms per liter (five parts per billion) for arsenic and taking comment on regulatory options of three parts per billion (the technically feasible level), 10 parts per billion and 20 parts per billion. An official of the Association of State Drinking Water Administrators told the subcommittee that the proposed standard will be difficult to attain. An official from the American Water Works Association said the standard should be between 10 and 20 parts per billion. EPA is proposing a Maximum Contaminant Level Goal (MCLG) of zero for arsenic. The June 22 proposal also attempts to clarify how compliance is demonstrated for many inorganic and organic contaminants in drinking water.
Community water systems, which are public water systems that serve at least 15 locations or 25 residents regularly year round, will be required to reduce the arsenic concentration from the current standard of 50 parts per billion to five parts per billion within three years. At the same time, EPA is proposing that non-transient, non-community water systems be required to notify people served by these systems when arsenic exceeds the drinking water standard. These are public water systems that are not community water systems and serve at least 25 of the same people more than 6 months per year (schools and nursing homes).
Gore Announces Transit Proposal
As part of his "National Energy and Environmental Security Trust Fund," Presidential candidate Al Gore on June 29 proposed $25 billion, over ten years, in federal grants and other incentives for communities that choose to establish more energy-efficient transportation methods. His "Keep America Moving Initiative" would include investments in communities for clean and safer buses; light rail, subway, and other rail systems; high-speed trains; and renovated rail stations. Gore said in his announcement, "You deserve the independence to get in your car and drive anywhere you want to go, on your own schedule, without emptying your wallet at every filling station. You should also have the choice to park your car at a light rail station and be moved swiftly into a newly-thriving downtown -- without having to worry about gridlock, a parking lot or rush-hour traffic. Transportation choices mean real freedom."
Army Corps Will Hold Discussion Sessions
The U.S. Army Corps of Engineers (USACE) is initiating a "dialog with its stakeholders," the public and other federal, state, and local agencies about future water resource challenges facing the nation. The discussion will be accomplished through a series of regional sessions. The goal of these sessions is to reach a broad spectrum of interests to better define water resource challenges and define national requirements. The results of the sessions will be compiled into a report and shared with interested parties.
The session's schedule and locations are: July 11 Waltham, MA; July 12 Atlanta, GA; July 18 Omaha, NE; July 27 Honolulu, HI; August 2 Chicago, IL; August 7 Louisville, KY; August 10 Dallas, TX; August 17 Richmond, VA; August 17 New Brunswick, NJ; September 15 Anchorage, AK; September 19 Vancouver, WA.
Information about schedule updates and registration is available on the USACE website or by calling toll free 877-447-6342. For specific questions contact Mark Gmitro at 703-428-7214, the USACE Institute for Water Resources.
Issues Survey Now Available On-Line
The 2001 Issues Survey you probably already received in your mailbox is now available on the World Wide Web! If you haven't sent in the survey already, please fill out the survey on-line. ASCE's Government Relations Department is asking you, as an important member of our Key Contact Program, to help us set our compass for 2001 on the most important public policy issues for the civil engineering profession at the federal and state/local levels. Your responses to the survey will be compiled into a report for ASCE's Committee on Government Affairs and Board of Direction to assist in determining our public policy priorities for the 107th Congress. Please complete the on-line survey by July 14, 2000. If you have any questions, please contact Liz Hermsen, Manager of Grassroots Programs at govwash@asce.org or (202) 789-2200.
State Legislative Update
ASCE continues to provide updates on state legislation affecting civil engineers as state legislative sessions progress. For more information on the following bills, or any other state legislative matters, please contact Austin Fulk, ASCE's Manager of State Government Relations, at (202) 789-2200 or via email at govwash@asce.org.
Delaware
The Delaware Section's Regional Report Card on their state's infrastructure drew attention to the conditions of infrastructure across the state, and is already starting to pay off with legislative results. Two bills dealing with dams and combined sewer overflows have been introduced in the Delaware legislature based on the Report Card's findings. H.B. 669 addresses a major failing in Delaware's infrastructure identified by the Report Card: the lack of a regulatory agency to oversee the state's estimated 171 dams. Because of this, the state earned a grade of "F" for its dams. H.B. 669 would create a program to oversee and inspect Delaware's dams and protect the public from hazards associated with them, and has received a great deal of favorable attention in the Delaware media. The Delaware News Journal's top story for June 30 mentions the Delaware section's review of the state's dam safety. The other bill, H.B. 671, bans the operation of combined sewer overflow systems in the state after 2008 in an effort to clean up the state's waterways. This bill is a reaction to low grades given to wastewater (D+), storm water discharge (D), and drinking water (D) on the Report Card. Hats off to the Delaware Section for effectively using their Report Card as a tool to impact public discussion of infrastructure and the direction of public policy.
