owow
 Office of Wetlands, Oceans & Watersheds
                             Legislative News
                                                                       August 1992
House Holds Hearing on
Constructed Wetlands as
Wastewater Treatment Alternative

The Subcommittee on Investigations and Over-
sight of the House Committee on Public Works
and Transportation held a hearing on Tuesday,
August 4 to discuss wetlands and other alterna-
tive technologies as a way of meeting the waste-
water needs of small communities and rural
areas.  Mike Cook, Director of the Office of
Wastewater Enforcement and Compliance
(OWEC), testifying on behalf of EPA, stated that
constructed wetlands are one of the many prom-
ising alternative technologies these communi-
ties might use to meet their wastewater needs.
Compared with more traditional technologies,
constructed wetlands offer lower capital, main-
tenance, and operating costs.  EPA is aware of
approximately 70 constructed wetlands serving
municipalities at present. Cook explained that
there is presently insufficient data  to develop
performance and design standards for these sys-
tems; however, EPA's Office of Research and
Development is supporting research in this area.

Key issues raised during the hearing included:
"Should the term 'constructed wetlands'  be
avoided given that it might be  confused with
natural wetlands?, To what extent should con-
structed wetlands be regulated?, What are the
technical limitations of these systems?, and Are
there institutional barriers and disincentives that
preclude use of constructed wetlands and other
alternative technologies?" (Contact: Nathaniel
Stevens, 260-5048).
Association of Metropolitan
Sewerage Agencies Drafts
Watershed Management Bill

The Association of Metropolitan Sewerage
Agencies (AMSA) has recently drafted and cir-
culated for comment "The Comprehensive Wa-
tershed Management Act of 1992". As currently
drafted, the bill  would require Governors to
designate one or more watersheds — degraded
or pristine waters — for priority treatment.
Watershed management plans, developed by a
watershed management commission, would be
developed to: 1) identify pollutants of concern,
2) survey the watershed, 3) identify and rank
priority pollutants and sources of concern, and
4) develop minimum  standards of operation
(MSO) for each  pollutant source of  concern,
including publicly-owned wastewater treatment
plants, industrial dischargers, stormwater dis-
chargers, combined sewer overflows, agricul-
tural runoff and drains, and silvicultural runoff.

The bill would require that state water quality
standards be consistent with the priorities iden-
tified in the watershed plan, and would require
that in making recommendations to the state,
the watershed management commission must
take into account the technical and economic
capabilities of priority sources, and the net en-
vironmental benefits expected to be achieved by
attainment of water quality that is sufficient to
achieve previously designated uses.  The bill
would also allow NPDES permittees to petition
their permitting authority to revise their compli-
ance schedules. Where it is determined that
                                                    AMSA - Continued on Page 4
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 Appropriation Updates

 EPA (OWOW Programs)

 EPA Appropriations bills have been passed by
 the House and Senate Appropriations Commit-
 tees, and will move to the floor following the
 August recess. With regard to OWOW-related
 programs, the Senate bill includes $24 million
 for nonpoint source management grants and
 $15 million to provide funding for activities to
 restore or protect water quality in 13 different
 sites around the country. The House would
 provide $63.5 million for nonpoint source grants
 and has added on $19 million for various pro-
 grams or site-specific projects. Language pro-
 viding $500,000 for a National Academy of Sci-
 ences study of wetlands, included in the House-
 passed bill (see July OWOW Legislative News),
 was deleted in the Senate bill. (Contact: John
 Ettinger, 260-9113).

 Agriculture

 The 1993 Agriculture Appropriations bill signed
 by the President on August 14 reduces or elimi-
 nates funding for two agricultural programs
 that remove critical areas from cultivation—the
 Conservation Reserve Program (CRP) and the
 Wetlands Reserve Program (WRP). Under the
 CRP farmers agree to take highly erodible crop-
 lands out of production for 10 years in exchange
 for government rental payments. The WRP is
 an easement-based pilot  program established
 under the 1990 farm bill  to restore prior con-
 verted or farmed wetlands to full function and
 value. The appropriation provides $1.3 billion
 for the CRP  in FY1993, down $33 million, and
 requires that no new leases be issued. No fund-
 ing is provided for the WRP.

 The bfll increases funding for the Water Quality
 Incentives Program to $15 million, up from $6.75
 million in FY 1992. Authorized in the 1990 Farm
 Bill, this program provides financial assistance
 for fanners in water quality impaired areas to
 voluntarily adopt nutrient and pest manage-
            ment practices.  The program is targeted to
            those areas where nonpoint source impacts are
            known to be a problem, such as areas identified
            under Section 319 of the CWA. Funding for the
            Small Watershed Program was also increased to
            $228 million, up $23 million from FY 1992. (Con-
            tact: Sandy Germann, 260-6418).

            Energy and Water

            An Energy and Water Appropriations bill passed
            by the Senate includes provisions that would
            impact the Section 404 regulatory program. In
            its report, the Senate Appropriations Commit-
            tee expressed concern over the practicable alter-
            natives test adopted by the Corps of Engineers
            (COE) in a February 1990 Memorandum of
            Agreement with EPA, and "urged the COE to
            abandon the test and use instead its traditional
            public interest test until a different test is adopted
            pursuant to notice and public comment."  In
            addition, responding to concerns about the Sec-
            tion 404 program  "diminishing the value of
            private property, with resultant loss in State and
            local revenues...", the Committee included lan-
            guage directing the COE to conduct a study by
            March 1, 1993 on:  1) the percent of privately-
            owned property, by state, covered by the 1987
            guidelines, the 1989 manual, and any subse-
            quent proposal, 2) the extent to which the desig-
            nation as Federal jurisdictional wetlands has
            diminished the value of such property, 3) the
            impact of such diminishment on state and local
            property taxes, and federal  revenues, 4) the
            percentage of Federal jurisdictional wetlands
            privately held by persons owning 20 acres or
            less, and 5) which lands held by the Resolution
            Trust Corporation and other Federal agencies
            designated as Federal jurisdictional wetlands
            have experienced a diminution in value, the
            extent of this diminution, and the impact on the
            diminution on the level of appropriated funds
            required by these agencies. These issues will be
            part of the debate when the House and Senate
            convene a conference on the appropriation bill
            following the August recess. (Contact: Suzanne
            Schwartz, 260-8447)
Page 2
OWOW Legislative News
August 1992

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 House Committee Approves
 National Rivers Inventory Bill

 On August 12, the House Interior and Insular
 Affairs Committee approved a bill that would
 require the Department of the Interior (DOT) to
 join with states in developing a national inven-
 tory of the nation's rivers. The bill, H.R. 5001,
 would require DOI to assess the health of rivers
 and update that assessment every five years. It
 would also establish a centralized geographic
 information system containing data relating to
 recreational values, fish and wildlife, water
 quality and water supply values. Representa-
 tive Kostmayer CD-PA), author of the bill, stated,
 "The information and monitoring network that
 would be established under this bill would aid
 our attempts to save endangered species, would
 help steer hydropower away from critical fish
 and wildlife habitat, and would more readily
 enable states to protect unique recreational re-
 sources." The legislation is expected to move to
 the House floor following the August  recess.
 (Contact: Sandy Germann, 260-6418).
 UNCED Follow-Up

 Administrator Reilly has testified before the
 House Foreign Affairs and Merchant Marine
 Committees  and the  Senate Foreign Affairs
 Committee on activities EPA has planned to
 follow-up on commitments made at the United
 Nations Conference on Environment and De-
 velopment (UNCED).  Explaining the conse-
 quences that inadequate water supplies have on
 human lives in developing countries, Reilly de-
 scribed the Office of Water's efforts to promote
 low-cost, low-energy demanding systems based
 on an evaluation  of site-specific water and
 wastewater infrastructure needs. For example,
 he stated that we will continue to examine op-
 portunities to apply natural wastewater treat-
 ment systems, such as constructed wetlands, as
 a way of meeting the sewage treatment needs in
 developing countries.
            OWOW is leading the Agency's efforts to fol-
            low up on two coastal and marine initiatives
            which received mention in UNCED's Agenda
            21, the conference action plan.  First, together
            with OWEC and the Office of International
            Activities (OLA), OWOW is exploring the de-
            velopment of an International Revolving Fund.
            The fund would provide loans to developing
            countries and municipalities to finance the con-
            struction of low-cost wastewater treatment fa-
            cilities that will protect coastal and marine wa-
            ters. Secondly, he stated that we will continue to
            examine opportunities to apply natural waste-
            water treatment systems, such as constructed
            wetlands, as a way of meeting the sewage treat-
            ment needs in developing countries.
            Contaminated Sediments and
            Auburn Dam Expected to Be Key
            Issues During WRDA Floor Debate

            The House and Senate Appropriations Commit-
            tees have each passed bills authorizing the Water
            Resources Development Act (WRDA) of 1992.
            Two major issues are unresolved and likely to be
            raised when the bills come to the floor—provi-
            sions on contaminated sediments and funding
            for the Auburn darn on the American River in
            California.

            The Senate bill, S.2734, contains provisions that
            would affect the existing scheme of managing
            contaminated sediments (see July issue, OWOW
            Legislative News). Senate staff are developing
            new language which appears to be more com-
            patible with existing EPA and COE programs
            and may be offered during the Senate floor de-
            bate. (Contact: John Lishman, 260-8448).

            Both the House and Senate committees deleted
            funding for the Auburn Dam project. The dam
            would complete a previously begun project and
            provide flood control for the Sacramento Valley.
            Two proposals have been offered for the project,
            one with federal funding and one without. Each
                                                     WRDA- Continued on Page 4
August 1992
OWOW Legislative News
Page3

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  "Legislative News" is a regular newsletter
  of the Office of Wetlands, Oceans, and Wa-
  tersheds (OWOW). Its purpose is to provide
  an overview of those legislative issues and
  actions that are particularly relevant  to
  OWOW programs.  Any comments re-
  garding its content should be directed to
  Sandy Germann of OWOW at (202) 260-
  7166.
          AMSA- Continued from Page 1

 compliance schedules are not consistent with
 the  priorities identified in the  watershed
 management plan, and the level of resources
 required to meet that schedule is inconsistent
 with the expected environmental benefits, the
 permitting authority would be allowed to grant
 the modifications.

 A revised bill, reflecting comments received to
 date, is expected in September. (Contact: Sandy
 Germann, 260-6418).
                    WRDA - Continued from Page 3

            of the proposals is opposed by environmental-
            ists who assert that less-costly alternatives are
            available.  While funding for the project was
            deleted from both bills, it is anticipated that
            compromise language will be worked out and
            offered when the bill goes to the House floor for
            a vote. (Contact: Sandy Seig-Ross, 260-9914).
                Legislative Conference Being Held

             The Association of Metropolitan Sewerage
             Agencies will be hosting a legislative confer-
             ence, entitled "Meeting the Challenges of the
             103rd Congress...Will A Changing Congress
             Bring Changing Priorities?" The conference
             will be held September 14 -15 in Washing-
             ton, D.C. For more information, call (202)
             833-AMSA.
 United States Environmental
 Protection Agency (WH-556F)
 401 M Street, SW
 Washington, D.C.  20460

 Official Business
 Penalty for Private Use $300
Page 4
OWOW Legislative News
August 1992

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