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October 25, 2007
To: Members, Committee on Appropriations, U.S. Senate
Re: S. 1696, the FY 2008 Interior, Environment and Related Agencies Appropriations Legislation
I am writing on behalf of the National Conference of State Legislatures (NCSL) concerning future Senate floor consideration of the FY 2008 Interior, Environment and Related Agencies appropriations legislation. While the Senate has not yet begun floor consideration of their legislation we believe it important to highlight key issues of concern for the nation’s state legislatures as this process continues.
Clean Water State Revolving Fund (CWSRF)
We urge the Senate to look beyond the legislation reported out of Committee and amend S. 1696 to fund the CWSRF at no less than $1.125 billion for FY 2008 when it acts on the FY 2008 Interior, Environment and Related Agencies Appropriations bill. NCSL was encouraged by the passage of legislation in the House that would provide funding the State Clean Water SRF at $1.125 billion for Federal Fiscal Year 2008 in H.R. 2643. NCSL has consistently urged Congress to strengthen the federal commitment to the CWSRF and restore funding for the CWSRF to at least the fiscal year 2004 level of $1.342 billion. It is imperative that this critical state-federal partnership for maintaining clean water and protecting public health be fully funded. While the FY 2007 Continuing Resolution restored funding for the CWSRF to $1.084 billion, much ground has been lost in recent years. As such, we are concerned by the Senate Appropriations Committee’s decision to report out legislation that would reverse course and again cut funding for the CWSRF to $887 million.
The Environmental Protection Agency has identified a $535 billion gap in needed infrastructure funding over 20 years. The American Society of Civil Engineers (ASCE) graded the condition of the nation’s wastewater infrastructure as a D-, noting that, “Older systems are plagued by chronic overflows during major rain storms and heavy snowmelt and, intentionally or not, are bringing about the discharge of raw sewage into the U.S. surface waters.” In light of the mounting evidence that our identified wastewater infrastructure needs far exceeds even current funding levels, NCSL opposes any efforts to reduce funding for the CWSRF.
Regulatory Review: Clean Water Act Set-aside Proposals
NCSL would also like to add its voice to the concerns raised over efforts by the U.S. Environmental Protection Agency (EPA) to limit state funding and flexibility under Section 106 of the Clean Water Act (CWA) through the implementation of set-aside programs such as the National Pollutant Discharge and Elimination Systems (NPDES) fee rule and statistically representative monitoring programs. As you know, states are primarily responsible for permitting, monitoring and enforcing state water quality management programs under the CWA. These programs are funded through a combination of federal funds, state funds and user fees. NCSL is concerned that the underlying design of these proposals is intended to shift the cost of this federally mandated program to the states while placing environmental progress second to program administration. In addition, NCSL is concerned that EPA has exceeded its authority to allocate funds and mandate state administrative decisions as directed by Congress under the federal Clean Water Act.
NCSL urges the Senate to ensure that final action on the FY 2008 Interior, Environment and Related Agencies makes it clear that further set-asides by EPA of Clean Water Act Section 106 funds are contrary to Congressional intent. In addition, NCSL recommends adding language to prevent EPA from moving ahead with implementation of the NPDES fee rule which has received overwhelming negative comments and flaunts Congressional intent.
Included in the House Committee Report on H.R. 2643 was language with regards to the funding set-asides for statistically representative monitoring programs and the NPDES fee rule. The Committee explicitly rejected the proposal to limit funds provided for water quality monitoring to only those activities that meet standards for statistically representative monitoring programs. Furthermore, the Committee expressed its belief that these funds should be available in part to fund States’ monitoring need for Total Maximum Daily Loads (TMDL) and NPDES permits. In addition, the Committee rejected the $5 million request for an NPDES Fee pilot incentive program and urged EPA delay implementation of this program until concerns raised during the comment period can be addressed. NCSL urges the Senate to support this effort.
NCSL has long supported the importance of the state-federal partnership to protect and improve our national water quality. Both the overall value and the needs of these programs exceed current funding levels. For additional information, please have your staff contact Tamra Spielvogel (202-624-8690; tamra.spielvogel@ncsl.org) in NCSL’s Washington, D.C. office.
Sincerely,
Senator Beverly Gard
Indiana Senate
Chair, NCSL Agriculture, Environment and Energy Committee
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