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)
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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
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OWOW Legislative News
August 1992
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