NGWA Washington Update
November 6, 2013
Table of Contents
Drinking Water Infrastructure News
New lead law effective January 4, 2014; EPA releases FAQs on implementation
Water and energy provisions to be worked out in farm bill conference
Other news
Geothermal Heat Pump News
NGWA continues push to recognize GHPs under federal purchase requirements
Possible peek at what renewable energy tax reform debate might look like
Other news
Groundwater Availability, Protection, and Remediation News
U.S. EPA releases letter clarifying UIC application to ASR projects
NGWA working to provide funding source for managed aquifer recharge projects
Other news
Hydraulic Fracturing and Energy News
NGWA updating position paper; providing input to EPA study
EPA is seeking data for their study of hydraulic fracturing impacts on drinking water
Transportation and Safety News
NGWA readies comments on OSHA proposed silica rule; agency extends comment
deadline
FMCSA incorporates transportation law changes into rules
Other News
Chairs asks for FY 2014 federal discretionary funding top line number to avoid January
shutdown
2014 Congressional Drive-In – Mark your calendars for March 3 Webinar to find out
more
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Drinking Water Infrastructure News
Don’t forget the new lead requirements become effective January 4, 2014. U.S. EPA posted a
revised list of frequently-asked-questions (FAQs) to assist manufactures, retailers, regulators
and the general public in complying with and understanding the requirements of the Reduction
of Lead in Drinking Water Act. The FAQs address the definition of lead free, the effective date,
calculating lead content, third party certification, product labeling, repair and replacement
parts, and exemptions. The Reduction of Lead in Drinking Water Act was enacted on January 4,
2011, to amend Section 1417 of the Safe Drinking Water Act, which covers the use and
introduction into commerce of lead pipes, plumbing fittings or fixtures, solder and flux. The
Reduction of Lead in Drinking Water Act changes the Safe Drinking Water Act definition of “lead
free” and creates exemptions from the Lead Free requirements for plumbing products that are
not used for drinking water. The Reduction of Lead in Drinking Water Act established an
effective date of January 4, 2014. An information sheet on third party certification, which is
not mandated by the Reduction of Lead in Drinking Water Act but may be required under other
laws, was also released by EPA.
Farm bill conferees held their first public meeting on Wednesday, October 30. In the water
supply area, the Senate bill would reauthorize the water and wastewater revolving loan fund at
$30 million subject to annual appropriations. The House would stop funding authorization for
the program. The House bill would also reduce from $30 million to $15 million the rural water
and wastewater grant program. The Senate would not change the grant funding level but
would prioritize funds to rural communities of 5,500 or fewer residents. Overall, the House bill
would encourage a greater role for private and cooperative lenders deemphasizing federal
government funding support. The House bill reauthorizes the household water well financing
program at $5 million; while the Senate version has no comparable provision. The Senate
version would authorize rural water and wastewater technical assistance and training grants for
FY 2014 through FY2018. The House bill has no similar provision. On the energy front, both
the House and Senate bills would reauthorize the Rural Energy for American Program (REAP).
This program has funded geothermal heat pump systems for rural small business and
agricultural producers. The House bill would authorize appropriators to provide up to $45
million annually for REAP. In the Senate bill, REAP would receive an assured $68.2 million
annually in mandatory spending and Congressional members could decide to add up to $20
million more through annual funding bills. The Congressional Research Service report provides
a table comparing current law, the Senate, and House versions of the Farm bill.
A Rural and Small Systems Guidebook to Sustainable Utility Management was released by U.S.
EPA and the Department of Agriculture. Additionally, a “Workshop in a Box” contains a series
of materials and instruction for holding a workshop based on the Guidebook. Both items are
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intended to help rural and small water and wastewater systems provide sustainable services to
their communities.
Brookfield, Connecticut is considering an ordinance that would require testing new wells and
wells at property transfer for arsenic and uranium. The state also recommends five year testing
for existing wells.
Geothermal Heat Pump News
NGWA is working to push the Shaheen-Portman energy efficiency bill, S. 1392, through the
Senate. NGWA members in selected states sent email messages asking their Senators to
support the overall bill and a provision that would recognize geothermal heat pumps as
renewable energy. NGWA thanks its member for their quick response. It has had a very
positive impact on discussions with Senate offices. However, because of issues beyond any
GHP language, it remains uncertain whether the energy efficiency bill will pass the Senate this
year.
While currently focused on the wind production tax credits, the House Committee on Oversight
and Government Reform’s October 2 hearing provided a preview of points that may come up
over extending or maintaining any renewable energy tax credits. Some hearing participants
questioned the number of clean energy jobs cited in some studies, whether a technology has
moved beyond research and warrants a tax credit, and whether state renewable portfolio
standards offset the need for federal tax credits. Other hearing participants supported the tax
credits, citing the benefits of a diverse energy mix, the long-term incentives offered to other
energy sources, and the external environmental costs of fossil fuels that are not accounted for
in their pricing. One speaker outlined a framework for transitioning away from the production
tax credits. The plan would include extending the current production tax credits for multiple
years to provide adequate time for Congress to adopt the Master Limited Partnership Parity Act
(MLP) and the IRS to develop a Revenue Ruling expanding Real Estate Investment Trust (REIT)
to include renewable energy. The idea is that MLPs and REITS, which are used now for fossil
fuel projects, could eventually provide alternative private sector financing to renewable energy
projects rather than federal tax credits. Whether such a transition plan gathers any supporters
and is extended to the investment tax credits that include geothermal heat pumps remains to
be seen. NGWA continues to monitor the debate and proactively educate congressional offices
about the benefits of GHPs. NGWA’s Geothermal Heat Pump Subcommittee has discussed
many of the topics raised and will meet again at the NGWA Expo.
The Department of Energy’s Building Technologies Office (BTO) is seeking feedback on a
Prioritization Tool which will be used for programmatic decision-making. Currently, commercial
and residential geothermal heat pump systems are rated high from a technical aspect but they
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drop when other factors, such as cost, are included. The BTO specifically is seeking feedback on
data, assumptions and outputs of the various energy efficiency technologies and activities
analyzed by the Prioritization Tool. For details, see the RFI announcement DE-FOA-0001024 or
e-mail questions about the RFI to BTO_P_Tool_RFI@go.doe.gov. Responses must be received
no later than 5:00 p.m. EDT on December 24, 2013.
Bills to establish a federal renewable electricity standard were introduced in late October.
Senator Tom Udall (D-NM) introduced S. 1595. Senator Ed Markey (D-MA) introduced S. 1627
(bill yet to be posted). Both bills were referred to the Senate Energy and Natural Resources
Committee. The outlook for their passage is doubtful, but the bills continue efforts by some
Senators to bring attention to climate change.
The Massachusetts Clean Energy Center, in partnership with the Massachusetts Department of
Energy Resources is seeking construction grant applications for qualifying commercial-scale
biomass boiler, geothermal heating and cooling and district energy projects. Grants are also
available for feasibility, design and engineering studies. Applications can be submitted by: (1)
public, private, vocational and regional schools serving any subset of grades K-12; (2) municipal
buildings; (3) greenhouses and (4) not-for-profit organizations. Further information is available
on the solicitation page.
Maine Efficiency launched a new rebate program to reduce home heating costs. Within days of
its announcement, the 50 rebates of up to $5,000 for the purchase of wood pellet or
geothermal heat pump systems were gone
Groundwater Availability, Protection, and Remediation News
U.S. EPA issued a letter to the Florida Department of Environmental Protection clarifying the
application of the Safe Drinking Water Act’s Underground Injection Control rules to aquifer
storage and recovery projects. Overall the letter recognized the growing need for “innovative
water management tools” to sustain water availability. The agency specifically recognized that
using ASR can be “an important component of a long-term water management strategy.” The
letter walks through the various rule provisions and provides a framework for the use of ASR in
situations where there is the potential for constituents, such as arsenic, to be released.
NGWA joined with other water organizations and the U.S. Conference of Mayors in a letter
urging the House to pass the Water Infrastructure Finance and Innovation Act (WIFIA) this year.
The bill would establish a way to finance large water infrastructure projects or bundled small
projects. NGWA successfully got language included in a Senate bill so that managed aquifer
recharge projects would be included under a WIFIA pilot scale financing program. NGWA is
working to do the same in the House.
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On October 31, the Senate rejected the House-passed version of the Water Resources
Development Act and called for a conference committee to resolve the differences. The Senate
WRDA bill includes the NGWA language that would make managed aquifer recharge projects
eligible for funding under a new pilot financing program. Moving to a conference committee is
a positive sign that there may be final action on WRDA this congress.
Environmental groups and others are pushing back against U.S. EPA’s announcement that
clean-up standards could be eased. As reported in Inside EPA, one environmentalist believes
that communities will react negatively to any broad move away from drinking water standards
from the current practice of looking at case-by-case exceptions. A state official is also quoted in
the article as saying that he expects states will be very cautious given groundwater is a drinking
water source. Some groups are also raising questions about potential negative repercussions to
technology development and pollution prevention, according to the newsletter. See NGWA’s
October 2013 Washington Update for additional background on the initial EPA announcement
Science, Space, and Technology Committee Chairman Lamar Smith (R-TX) and Environment
Subcommittee Chairman Chris Stewart (R-UT) on October 18 sent a letter to the Environmental
Protection Agency (EPA) raising concerns over a new draft rule that they believe would greatly
expand the agency’s regulatory authority under the Clean Water Act (CWA). “A sweeping
reinterpretation of EPA jurisdiction would give the agency unprecedented control over private
property across the nation,” the Chairmen wrote. “Any attempt to issue a proposed rule before
completing an independent examination by the agency’s own science advisors would be to put
the cart before the horse.” See the October 2013 Washington Update for information on
groundwater’s treatment.
EPA's WaterSense program released a Draft WaterSense Professional Certification Program
Labeling System and three draft revised specifications for professional certification programs
for public comment. EPA established specifications in 2006 to recognize certification programs
for irrigation professionals in three areas: system design, installation and maintenance, and
system auditing. The draft documents create a consolidated set of requirements that
complement and streamline each WaterSense program specification and are intended to
provide a more sustainable framework for program growth. The changes will also expand the
benefits of WaterSense partnership to all professionals certified through WaterSense labeled
programs and phase out the individual partnership designation. Written comments must be
received by November 19, 2013 and should be directed to watersense-programs@erg.com.
President Obama released an executive order on November 1 directing federal agencies to
prepare the nation for the impacts of climate change. In the water area, the executive order
specifically directs agencies to complete an inventory and assessment of “proposed and
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completed changes to land and water-related policies, programs and regulations necessary to
make the Nation’s watersheds, natural resources and ecosystems, and the communities and
economies that depend on them, more resilient in the face of a changing climate.” NGWA
member Mike Block serves on the Advisory Committee for Water Information’s Climate Change
Adaptation Work Group that is focused on adaptation within the water sector.
The House Subcommittee on Water and Power held a hearing on October 10 focused on
reauthorization of the Reclamation States Emergency Drought Relief Act, H.R. 3176. The hearing
also addressed H.R. 3189. This bill would prohibit placing a condition on any federal permit,
lease, or other use agreement that requires the transfer, relinquishment, or impairment of any
water right to the Department of Interior or the U.S. Department of Agriculture. Senator
Barrasso (R-WY) joined by others introduced a similar bill, S. 1630, dealing with water rights on
October 31. The text of the bill has not yet been posted.
Idaho is considering legislation that would establish a state-run aquifer recharge program in the
Eastern Snake River Plain. The program would award credits to private parties who recharge
the aquifer. The credits could be sold to groundwater irrigators to meet mitigation
requirement or potentially to allow new groundwater withdrawals, which are currently subject
to an aquifer-wide moratorium. Capital Press, October 11, 2013.
In mid-October, a moratorium was placed on new well drilling and expansion of Nebraska’s
Lower Platte North Natural Resources District. The recent action mirrors a Lower Platte South
NRD moratorium that went into effect September 19, according to the Banner-Press
Hydraulic Fracturing and Energy News
The NGWA Hydraulic Fracturing Position Paper is out for review by member volunteers.
Recently published Groundwater papers and other relevant research are incorporated into the
update. NGWA will also be providing a bibliographic listing of relevant Groundwater articles to
U.S. EPA as part of their call for data and peer reviewed articles for the agency’s ongoing study
of the potential impacts of hydraulic fracturing on drinking water (see item below). (Note: If
you are an NGWA member with relevant expertise, please consider volunteering for the NGWA
Hydraulic Fracturing Task Force)
U.S. EPA is soliciting relevant data and scientific literature specific to the potential impacts of
hydraulic fracturing on drinking water resources. While EPA is conducting a thorough literature
search, they are especially seeking studies or other primary technical sources that are not
available through the open literature. Interested persons may provide scientific analyses,
studies, and other pertinent scientific information, preferably information which has undergone
scientific peer review. The EPA will consider all submissions but will give preference to all peer
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reviewed data and literature sources. EPA’s Federal Register Request for Information to Inform
Hydraulic Fracturing Research Related to Drinking Water Resources will be closing on Friday,
November 15, 2013.
Transportation and Safety News
The Federal Motor Carrier Safety Administration issued a final rule on October 1 incorporating
changes made in the Moving Ahead for Progress in the 21st Century (MAP-21) law. Among the
provisions are those related to safety fitness for new operators, increased penalties for
operating without a registration, employer responsibilities related to drivers with revoked or
suspended CDLs and others. A complete summary list is available from FMCSA.
OSHA extended its deadline for comments on crystalline silica proposed rule to January 27,
2014. NGWA’s DOT/OSHA Subcommittee will be developing comments to ensure OSHA is
aware of current industry practices and to recommend any needed changes before the rule
becomes final.
Other News
In the bipartisan plea, Senate Appropriations Chairwoman Barbara A. Mikulski (D-MD) and her
House counterpart, Harold Rogers (R-KY) asked the budget conference committee to settle on a
FY 2014 top line spending figure no later than December 2, but preferably by November 22.
The appropriations committee would then try to develop an omnibus spending bill before the
FY 2014 stop gap funding measure expires January 15. The omnibus bill may include some
individual spending plans but would likely just continue funding at current levels for many
agencies and departments. U.S. EPA and Interior would likely fall into the category of receiving
funding at current levels. The chairs also requested that as part of the budget conference final
agreement a FY 2015 overall discretionary spending number be set to facilitate moving
appropriations bill through the normal process next year.
Something new is coming in 2014 - the First-Ever NGWA Congressional Drive-in. How is the
Congressional Drive-in different from a typical NGWA Washington Fly-in? Congressional Drivein meetings will take place in your State. NGWA will provide tips and information on scheduling
meetings during a March 3 noon Eastern brown bag webinar, but participants will make their
own meeting appointments. The week of March 17 is the target timeframe for you to schedule
your meetings, as Congress will be on recess and many Congressional members will be back in
their States. However, unlike the NGWA Washington Fly-in, if that week doesn’t work for your
schedule, you can arrange a meeting with your Congressional members or their staff at an
alternate time. Also, unlike a Washington Fly-in, there are no airfare or hotel arrangements to
make – you’ll be driving to the meetings from your home or office. Like the Washington Fly-in,
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NGWA will provide you, during the March 3 brown bag webinar, with the necessary background
information to make your meetings productive. We’ll go over the key parts of a meeting, what
issues you may want to discuss, and what handouts are available from NGWA for your use. So
the 2014 Congressional Drive-in will cost you $0, it can take place at a time convenient to you,
and you’ll get materials and information from NGWA at the March 3 brownbag – what a deal or
at least we hope many of you will think so!!! Note: the 2014 Congressional Drive-in will take
the place of the NGWA Washington Fly-in for next year. We’ll reassess hosting a 2015 NGWA
Washington Fly-in after we see what unfolds on the Hill next year and how the election season
is moving forward.
Newsletter edited by: Christine Reimer, NGWA Government Affairs, creimer@ngwa.org, 800.551.7379, ext. 560
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