NGWA Washington Update
July 2012
Contact: Christine Reimer, National Ground Water Association, creimer@ngwa.org
Save that Date: NGWA Washington Fly-in is scheduled for
February 25-26, 2013, at the Washington Court Hotel.
Drinking Water and Infrastructure News
U.S. EPA will host a Thursday, August 16, stakeholders meeting to discuss implementation of
updated "lead-free" standards for drinking water products. The meeting will be held from 1:00
p.m. to 4:30 p.m., EDT at U.S. EPA’s facilities in Arlington, VA. The Agency is also providing
access to the meeting by conference call line and webcast. The Reduction of Lead in Drinking
Water Act passed and was signed into law on January 4, 2011. Under the new law, "lead free"
will now mean: not containing more than 0.2 percent lead when used with respect to solder and
flux; and not more than a weighted average of 0.25 percent lead when used with respect to the
wetted surfaces of pipes, pipe fittings, plumbing fittings and fixtures used as part of drinking
water systems. The Agency is holding the meeting in advance of an expected rule proposal this
fall and the January 2014 effective date of the law. According to the Agency announcement, the
purpose of the meeting is to "discuss and solicit input from States, manufacturers, drinking water
systems, other interested groups and consumers on the implementation of the Reduction of Lead
in Drinking Water Act of 2011." Those wishing to participate in person, by teleconference or via
webcast must register by contacting Junie Percy of IntelliTech at (937) 427-4148 ext. 210, or by
email junie.percy@itsysteminc.com no later than August 15, 2012. See U.S. EPA
announcement for more information on the August 16, 2012 stakeholders meeting. Click here
for Frequently Asked Questions regarding the Reduction of Lead in Drinking Water Act. The
FAQ was prepared by NGWA for its members’ benefit.
A July 31 Senate Energy and Natural Resources Committee hearing focused on S. 3385 and
efforts to move rural water project construction in the west forward. The “Authorized
Rural Water Projects Completion Act” would establish an $80 million spending pool for rural
water projects using receipts going to the Reclamation Fund. The receipts come from water and
energy purchases, loan repayments, and other sources. While expressing support for the goal of
safe drinking water in the west, the Administration opposed setting up additional mandatory
spending given the current financial situation. Nathan Bracken, representing the Western States
Water Council, supported S. 3385, noting a recent draft assessment report that estimated $5-8
billion was needed for potable water supply systems in rural areas of the 17 western states. An
additional $1.2 billion was identified for specific Indian water supply projects. The bill was
sponsored by Senator Baucus (D-MT), as well as Senators Bingaman (D-NM), Tester (D-MT),
Harkin (D-IA), Udall (D-NM), Klobuchar (D-MN), Franken (D-MN), Johnson (D-SD), and
Conrad (D-ND).
USEPA and USDA released a first-ever microbial risk assessment guidance to determine health
risks from food and waterborne pathogens. Formal risk assessments for food, water, and
environmentally-relevant chemicals have been undertaken for decades. However, an
overarching microbial risk assessment guideline has not been available until now. The
Guideline applies to viruses, bacteria, protozoa, and fungi that are or maybe pathogenic to
humans. Visit this link for more information on the guideline.
The Rural Utilities Service issued a final rule giving additional priority points to colonias that
lack access to water or waste disposal systems in funding decisions. The change affects the
Section 306C Water and Waste Disposal Loan and Grant Program which provides water and
waste disposal facilities and services to low-income rural communities whose residents face
“significant health risks.” The rule becomes effective August 23, 2012.
An EPA report concludes that if Congress is interested in a single standard for radon in drinking
water only an MCL of 4,000 pCi/L could be adopted given current law. Existing law does not
allow the MCL to be less than atmospheric background unless an Alternate Maximum Contaminant
Level is also proposed. 4,000 pCi/L of radon in water matches the average natural background
level of radon in outdoor air. At this time, EPA has proposed but not finalized a national primary
drinking water standard for radon applicable to public water systems under the Safe Drinking
Water Act. (Note: NGWA members have free access to Reducing Problematic Concentrations
of Radon in Residential Well Systems for further information on radon, its occurrence and
treatment)
The House floated in late July the idea of voting for a one-year Farm bill but later changed
course, moving instead to a stand-alone drought bill to assist farmers. In June, the Senate passed
a five-year Farm bill, S. 3240, including provisions authorizing rural water system loan and grant
programs. The House Agriculture Committee passed H.R. 6083 on July 11. The House bill
includes funding for rural water systems, although at lower levels than past years; and
additionally reauthorizes the household water well financing program for an additional five
years. The current law expires at the end of September, putting pressure on both Houses of
Congress to reach an agreement prior to that date.
Highlights of Drinking Water-Related Activity in the States:
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Free arsenic testing for private well owners is being offered to residents of Licking
County, Ohio. The testing is part of a study to identify arsenic occurrence patterns in the
groundwater system. The project is a collaboration of the U.S. Geological Survey,
Licking County Health Department, Ohio Water Development Authority, Ohio EPA,
Ohio Department of Health, Ohio Department of Natural Resources and the U.S. EPA.
Kentucky’s Division of Water is beginning a study on the impacts to domestic water
wells from human and natural contamination. The agency is currently seeking volunteers
who will allow their wells to be tested for E. coli and total coliform and nuisance bacteria
as well as caffeine.
In Michigan, the Berrien Conservation District and Michigan Agriculture Environmental
Assurance Program sponsored free well water screening for nitrates in early July.
Funding for the program came from Michigan pesticide and fertilizer registration and
tonnage fees.
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The Alabama legislature passed the Irrigation Incentive Bill that provides a state income
tax credit of 20 percent of the cost to purchase and install irrigation systems. The bill
also allows the tax credit to be used for the development of water wells.
Missouri Governor Jay Nixon is adding $5-million to the $2-million already available to
help Missouri farmers deepen water wells, drill new ones or expand irrigation systems.
The funding will cover 90 percent of the cost instead of the typical 75 percent cost share.
More than 600 applications have been received at the state level with additional requests
submitted to local officials. Applications must be submitted by Aug. 6 to a soil or water
district or through the state's website at www.mo.gov
Geothermal Heat Pump News
NGWA continues efforts to achieve recognition of geothermal heat pumps as renewable
energy technology under the Energy Policy Act’s federal purchase requirements. EPACT
requires that a certain percentage of federal energy must be from renewable sources with that
amount rising to 7.5% in 2013. NGWA is actively looking at S. 1000 in the Senate and the
Smart Energy Act in the House, as possible vehicles to move forward. On July 12, the House
Subcommittee on Energy and Power and the Subcommittee on Oversight and Investigations
held a hearing on the Smart Energy Act, among other bills. The Smart Energy Act is
bipartisan legislation authored by Reps. Charlie Bass (R-NH) and Jim Matheson (D-UT)
aimed at increasing energy efficiency in both the federal government and private sector.
Senators Shaheen (D-NH) and Portman (R-OH), co-sponsors of S. 1000, are trying to get
floor time for the bill, which passed the Senate Energy and Natural Resources Committee in
September 2011. An agreement to bring S. 1000 before the full Senate is proving elusive,
because of concerns that unrelated amendments may come up that drag out the timeline or
require difficult votes. Senator Shaheen has announced her intention to propose S. 1000 as an
amendment to any bill moving through the Senate. Independent of either S. 1000 or the
Smart Energy Act, NGWA is working to get support for a stand-alone measure focused solely
on adding geothermal heat pumps as renewable energy technology for federal purchase
requirements – Stay Tuned….
On the tax side, NGWA is carefully following other renewable energy tax provisions that expire
earlier than the GHP 2016 expiration date as a potential harbinger of things to come. Of note,
the Senate Finance Committee passed a package of tax extenders on August 2 before heading out
for break. The original draft did not include an extension of the production tax credit for wind,
which expire at the end of this year. However, the extension was added into the final bill coming
out of Senate Finance Committee. At the same time, the House passed H.R. 8 that, among other
things, provides an expedited process for moving comprehensive tax reform. While not expected
to pass the Senate, the bill lays out a roadmap to achieving comprehensive tax reform in the next
Congress. Comprehensive tax reform would potentially put everything on the table for
discussion next year.
The United States has made “limited or little progress” toward greater energy efficiency in the
last decade, according to a first-ever International Energy Efficiency Scorecard. The report,
published in early July by the nonprofit American Council for an Energy-Efficient Economy,
ranks the United Kingdom first in energy efficiency among the world's major economies,
followed closely by Germany, Italy, and Japan. The United States stands in 9th place out of the
12 economies reviewed. The report also includes policy recommendations on how to improve the
U.S. ranking, including establishing metrics, adopting more stringent building codes, and
providing incentives among others.
The USDA Rural Utilities Service issued a proposed rule July 26 dealing with loan and
guarantee financial assistance to support rural electric energy efficiency programs. Energy
Efficiency Programs at rural electrics that could be funded under this program include those that
increase energy efficiency at the end user level, modify electric load such that there is a
reduction in overall system demand, effect a more efficient use of current electric distribution,
transmission and generation facilities, attract new business and create jobs or encourage the use
of renewable energy fuels for both demand side management and the reduction of conventional
fossil fuel use. The proposed loan program is estimated to have a maximum funding level of
$250 million annually. According to a news release from USDA Secretary Tom Vilsack:
…ninety six percent of rural cooperatives (RUS primary borrowers) have some form of
an energy efficiency program. This proposed rule will help leverage and expand those
programs for existing borrowers to include a relending program that enables rural utilities
and cooperatives to lend to homeowners and businesses. Eligible projects include
consumer energy efficiency improvements, energy audits, small scale renewable energy
systems, demand side management investments, and consumer education and outreach
programs. This proposed regulation stems from the 2008 Farm Bill, which explicitly
identified energy efficiency as an eligible purpose for USDA funding. Rural utility
companies participating in the program would submit an energy efficiency work plan and
seek reimbursement for costs.
A Request for Proposals for Large Scale Renewable Energy Production for Federal Installations
is expected to be released shortly. The proposal is part of an Army initiative to attract over $7
billion in investments for renewable energy projects over the next 10 years. The law firm of
Baker Botts provides more background on the initiative and suggestions on steps industry
participants can take to get ready to bid, including finding subcontractors.
Highlights of Geothermal Heat Pump-Related Activity in the States:
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New Hampshire is the first state in the nation to allow renewable heat energy, from
geothermal and other thermal resources, to receive the same incentives as renewable
electricity. The program begins in January 2013. Hats off to the New England
Geothermal Professional Association on passage of SB-218.
The Nebraska Well Drillers Association has formed a Geothermal Division. For more
information contact Lee Orton at 402.476-1101 or Lee@h2oboy.net
For a list of state incentives for geothermal heat pumps, use this link.
Groundwater Availability, Protection and Remediation News
A congressional briefing led by the U.S. Geological Survey on Friday (July 27) spotlighted the
importance of monitoring the nation’s groundwater levels and quality. NGWA staff served as
master of ceremonies for the briefing, which attracted House and Senate staff, Agency officials
and key water organizations. NGWA and its members have long championed a National Ground
Water Monitoring Network and the briefing provided an opportunity to highlight its importance
before this audience. U.S. Representative Betty McCollum (D-MN) along with Congressman
Lamborn (R-CO) sponsored the briefing. Representative McCollum echoed the need to monitor
the nation’s groundwater resources.
"Every day, millions of Americans rely on groundwater sources for their drinking water,
including nearly 80 percent of Minnesotans. The National Groundwater Monitoring
Network is a critical resource," she said. "Congress must continue to do everything
possible to ensure our nation's drinking water remains a safe and plentiful resource."
Given the current drought situation, there was considerable interest in groundwater, its current
status, its potential to sustain water supplies during drought, and ways to recharge groundwater
in times when there is excess water for later use.
Senators Pryor (D-AR) and Moran (R-KS) announced the formation of a bipartisan Senate Water
Caucus “to help build momentum in addressing our nation’s water challenges.” The caucus will
work with experts in the private and public sector to identify issues affecting water quantity and
quality, as well as develop long-term strategies to ensure a sustainable water supply. As part of
these efforts, the Senate Water Caucus will explore emerging technologies; financing options;
best management practices; conservation opportunities; and greater coordination of water
infrastructure projects among local, state and federal governments. NGWA will be reaching out
to the Senators to find out additional information on the Water Caucus and offering NGWA’s
assistance.
Congressional leaders in both parties appear to have reached agreement to extend funding for the
federal government for six months at the level agreed to in last year’s debt deal, $1.047 trillion.
No riders restricting U.S. EPA or Energy Department policies would be attached to the measure.
The proposed extension is seen as a way to avoid a government shutdown and contentious debate
over policy riders prior to the election. Both parties may also be factoring in their expectations of
the election outcome.
EPA sought nominees to attend a technical workshop on determining the importance of water to
the U.S. economy. The workshop will be held in Washington, DC on September 19, 2012.
EPA withdrew a proposed rule that would have required information to be submitted to the
agency about concentrated animal feeding operations (CAFOs). EPA will instead use existing
federal, state, and local sources of information to gather data about CAFOs and help ensure that
CAFOs are implementing practices that protect water quality. EPA also signed a memorandum
of understanding with the Association of Clean Water Administrators (ACWA) to facilitate the
exchange of information.
EPA recently corrected Table 10 (on page 51) of the technical report entitled EPA's Vapor
Intrusion Database: Evaluation and Characterization of Attenuation Factors for Chlorinated
Volatile Organic Compounds and Residential Buildings, which is posted on OSWER's website,
EPA released fact sheets, case studies and other information on projects that have been
undertaken using the Clean Water State Revolving Fund’s (CWSRF) Green Project Reserve. The
Green Project Reserve requires all CWSRF programs to direct a portion of their capitalization
grant toward projects that address green infrastructure, water or energy efficiency, or other
environmentally-innovative activities.
A USDA report finds that farmers have considerable flexibility to adapt to changes in local
weather, resource conditions and price signals by adjusting crops, rotations and productions. The
report suggests that such adaptation, using existing crop production technologies, can partially
mitigate the impacts of climate change on national agricultural markets. However, the authors
note that adaptive redistribution of production may have significant implications for both
regional land use and environmental quality.
The Senate Environment and Public Works Committee held a hearing August 1 to examine the
latest climate change science and location adaptation measures. Chairman Boxer (D-CA)
pointed to the growing body of evidence regarding climate change and the need for action to
reduce emissions. Ranking member Inhofe (R-OK) countered that the “global warming
movement has completely collapsed and cap-and-trade is dead and gone.” He suggests that what
drove the collapse was that “the science of the United Nations Intergovernmental Panel on
Climate Change (IPCC) was finally exposed. For years I had warned that the United Nations was
a political body, not a scientific body…”
The Department of Energy announced on July 26 that $7 million will go to eight projects to
improve the efficiency and reduce the costs associated with carbon capture. The projects’ goal is
to achieve at least 90 percent carbon dioxide removal while delivering carbon dioxide at a
capture cost of less than $25 per ton. The Phase 1 projects will focus on an engineering and
economic analysis of the technologies while identifying the Phase 2 research and development
needs to bring the technology closer to commercialization. The selection of Phase 2 projects will
occur next year based upon Phase 1 results.
The National Research Council will undertake a project to look at Trends and Opportunities in
Federal Earth Science Education and Workforce Training. The study will:
1. Examine and assess ongoing and previous programmatic efforts in Earth science-related
education and workforce training at Federal research and development agencies. As part of this
examination, the legislative authority granted to the various federal agencies for STEM
education and training will be described.
2. Discuss criteria for "successful" Earth science-related education and workforce training efforts
and identify successful Federal programs and activities based on these criteria.
3. Identify the effective approaches used in these successful programs or activities.
4. Identify the critical skill sets and the gaps in Earth science education and workforce training
that could have most significant impact to enhance the recruitment and retention of diverse and
skilled scientists in this field.
5. Identify opportunities for Federal research and development agencies to leverage ongoing
education and workforce training efforts to increase the recruitment of a diverse Earth science
student population and workforce and identify gaps which may hinder agencies' abilities to
leverage these efforts.
6. Identify ways that the Federal Government can strengthen its Earth science education and
training activities.
Highlights of Groundwater Availability, Protection and Remediation-Related Activity in the
States:
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A New Jersey court invalidated the NJDEP cleanup rule that applicants for the de
minimus quantity exemptions certify that the property is clean. The court found that the
requirement went beyond the Industrial Site Recovery Act. Contrary to news reports that
the ruling is a “big win for business,” Gerard Giodano, with the law firm of Cole Schotz
Meisel Forman & Leonard, notes that if there is contamination present other state laws
may come into play.
Hydraulic Fracturing News
The U.S. Environmental Protection Agency announced on July 25 that it completed its sampling
of private drinking water wells in Dimock, PA and concluded that the contaminant concentration
levels present do not require additional Agency action. EPA did find hazardous substances,
specifically arsenic, barium or manganese, in well water at five homes at levels that could
present a health concern. These constituents can occur naturally in groundwater. In all cases the
residents have now or will have their own treatment systems that can reduce concentrations of
those hazardous substances to acceptable levels at the tap. EPA provided the residents with all of
their sampling results and has no further plans to conduct additional drinking water sampling in
Dimock. Between January and June 2012, EPA sampled private drinking water wells serving 64
homes, including two rounds of sampling at four wells where EPA was delivering temporary
water supplies as a precautionary step in response to prior data indicating the well water
contained levels of contaminants that pose a health concern. At one of those wells EPA did find
an elevated level of manganese in untreated well water. The two residences serviced by the well
each have water treatment systems that can reduce manganese to levels that do not present a
health concern. For more information on the results of sampling, visit this link. (Note: NGWA
members have free access to best suggested practices for reducing arsenic or manganese in
residential well systems.)
The U.S. EPA extended its deadline for comments on the draft Guidance for Permitting Oil and
Gas Hydraulic Fracturing Using Diesel Fuels to August 23, 2012. NGWA’s Hydraulic
Fracturing Task Force is finalizing the Association’s comments to meet the new deadline.
U.S. Senator Lisa Murkowski (R-AK) questioned Bureau of Land Management (BLM) officials
about the agency’s failure to properly seal abandoned federally drilled oil and natural gas
exploration wells in the National Petroleum Reserve-Alaska (NPR-A). The exchange took place
during a July 12 Senate Energy and Natural Resources hearing. Federal agencies drilled 136
exploratory oil and gas wells in the NPRA between 1944 and 1982. Only 16 of the 136 wells
have been properly sealed, and seven of those were taken care of by the North Slope Borough,
not BLM. The remaining 120 wells are in various conditions of non-compliance with state law.
The drill sites, many of which are contaminated by wood, metal, plastic, glass and concrete
debris are also littered with rusting barrels once filled with contaminants, according to the
Senator. “Addressing this issue may require me to seek a solution through the Appropriations
Committee to direct the BLM to appropriately prioritize the importance of cleaning up these
legacy wells,” Murkowski said. NGWA has a long-held position paper on the importance of
properly sealing abandoned wells of all types. The need for proper sealing of abandoned wells
was reiterated in the recent position paper on unconventional oil and gas development using
hydraulic fracturing.
A Duke University study of well water in northeastern Pennsylvania suggests that naturally
occurring pathways could have allowed salts and gases from the Marcellus shale formation deep
underground to migrate up into shallow drinking water aquifers. The study found elevated levels
of salinity with similar geochemistry to deep Marcellus brine in drinking water samples from
three groundwater aquifers, but no direct links between the salinity and shale gas exploration in
the region. See Duke University release for summary and author’s comments about the “good
news-bad news” that he sees in the study findings.
The Natural Resources Defense Council released a best practices document for hydraulic
fracturing. The BSP addresses several areas including well construction, water use, operation
and maintenance, and site characterization.
Highlights of Hydraulic Fracturing-Related Activity in the States
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The Pennsylvania Department of Environmental Protection Secretary in a letter to the
Clean Air Council, an environmental group, stated that methane may have leaked through
perforations in a Bradford gas well resulting in impacts to private wells and streams in
the area.
Pennsylvania Representative George’s H.B. 2556 would require pre-drilling testing of
private water wells at the request of a landowner residing within 5,500 feet of a proposed
Marcellus shale gas well. For news coverage, see this link.
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Resources for the Future (RFF) released a study comparing 31 states’ regulations to the
American Petroleum Institute's (API) best practice guidelines for conducting safe oil and
gas drilling and fracturing operations. RFF acknowledged difficulty in compiling the
results because states address some crucial safety concerns through a well-by-well
permitting process, rather than through regulations. An example of a critical concern that
may not be adequately addressed, according to RFF, is pre-drill testing of water wells.
The study found that regulations in 22 states do not mention pre-drilling water quality
testing, including major producers such as Texas, Arkansas, Michigan and Pennsylvania,
four of the five largest U.S. shale gas producers in 2009. API says best practice is to test
water samples from any water sources near a well before drilling or fracturing.
The North Carolina legislature “accidentally” passed a law allowing oil and gas hydraulic
fracturing to take place in the state. The law’s passage came when Representative Becky
Camey hit the wrong button and unintentionally voted to override Governor Perdue’s
veto of legislation banning the practice in the state.
Transportation News
President Obama signed a new two-year highway bill on July 6. Among other provisions, the
new law requires the U.S. Department of Transportation to develop regulations requiring
electronic-on-board recorders for commercial motor vehicles involved in interstate commerce
and operated by a driver subject to the hours of service and record of duty status under 40 CFR
395. Separately efforts are being made through the appropriations process to withhold funding
for that rulemaking. The new law also requires a study by March 31, 2013 of the hours of duty
restart provisions in the December 2011 Federal Motor Carrier Safety regulations. Of note,
neither the December 2011 regulations nor the new Highway bill makes changes to the
groundwater industry’s limited relief that allows the clock to restart following “an off-duty
period of 24 or more consecutive hours.” H.R. 4348 (Public Law 112-141) funds highway
projects through the end of fiscal year 2014.
NGWA submitted comments in July to the Federal Motor Carrier Safety Administration
highlighting impacts to the industry’s specialized vehicle operators and employers from agency
action. In particular, the letter addressed concerns with the Compliance Safety Accountability
(CSA) Program and its Safety Management System (SMS), including problems in removing
erroneous information from the system, holding employers responsible for unauthorized
employee hand-held cell phone use while driving, recording of accident data, correction of
potential out-of- service violations at the site, and lack of a “no contest” option for violations.
The House Small Business Committee held a hearing July 11 titled “Is FMCSA’s CSA Driving
Small Businesses Off the Road? The hearing focused on flaws in the SMS that potentially
identify safe operators as unsafe. Small businesses comprise the majority of regulated firms.