SPECIAL UPDATE ON NATIONAL GOVERNOR'S ASSOCIATION
DRAFT WATER POLICY PAPER
PHONE CALLS NEEDED BY JULY 13TH
Fisheries and Conservation News from the Pacific
Coast Federation of Fishermen's Associations and the Insititute
for Fisheries Resources
PLEASE REPOST TO YOUR NETWORKS
=================================================
=================================================
This message was forwarded from Kathy Nemsick, Coordinator
of the US Clean Water Network. If you would like additional
information on the National Governor's Association
positions on amendment to the US Clean Water Act and
the efforts some Governors are making to dilute the
protections of the Act, please contact her at (202)289-2395
or by surface mail c/o NRDC, 1200 New York Ave., NW,
Suite 400, Washington, DC 20005.
====================================
This summary was prepared by the Center for Marine
Conservation and the Natural Resources Defense Council
UPDATE ON NATIONAL GOVERNOR'S ASSOCIATION
DRAFT WATER POLICY PAPER
In February, the staff of the National
Governors Association submitted for public and
Governors review a draft rewrite of the Clean
Water Act. In many ways, this draft legislation
was similar to H.R. 961, the "Dirty Water
bill." The Clean Water Network commented
extensively on that draft. Since that time, the
draft legislation has been shelved, and instead
negotiations have centered on the NGA clean
water policies, which are less detailed than the
legislative proposal, but will ultimately serve
as a blueprint for legislative language for the
next Congress.
The topics addressed in the draft policies are
far less sweeping than those in the draft
legislation. The topics include the wetlands,
polluted runoff, stormwater, risk assessment
and cost-benefit analysis, and beach and fish
consumption advisories.
While the policies are an improvement over the
draft legislative language, the policies
recommended by the Natural Resources Committee
for adoption by the Governors (but which may not
have been agreed to in whole by every member of
that Committee) at their annual meeting July 13-
16 weaken the Clean Water Act in the ways stated
by the attached fact sheet.
The negotiations on the water policy were done
within the NGA process and thus were not public,
so we do not know which Governors participated.
(All Governors, even those who were not members
of the Natural Resources Committee were invited
to participate). It appears that there was a
group of governors who actively, but
unsuccessfully worked to prevent weakening
changes to the clean water policy .
ACTION ITEM
Since time is short, and the meeting at which
the Governors will consider the policy is this
weekend, July 13-16, please call your Governor
and ask him/her to reject the Water Resource
Management Policy (NR-3) at the NGA Annual
Meeting in Puerto Rico.
We will send an update once they meet and can
provide you with state specific information to
use with the media to demonstrate the need to
have strong clean water policies not weak ones.
--------------------------------------------
HOW THE DRAFT GOVERNORS ASSOCIATION POLICY
(NR-3 WATER RESOURCE MANAGEMENT)
AFFECTS THE CLEAN WATER ACT
Despite the efforts of some dedicated
Governors who were committed to preventing
the draft National Governors Association
(NGA) policy from weakening the Clean Water
Act, the final draft policy rolls back the
Clean Water Act in the following ways:
Stormwater
in lieu of the enforceable permit program, it
allows discharges to be included in the
polluted runoff program under a revised
Sec. 319;
delays attainment of water quality standards
(WQS) for 15 years;
emphasizes best management practices rather
than effluent limits or water quality
standards;
emphasizes management over prevention;
undermines federal advisory committee process
(FACA).
Beach Protection and Fish Consumption
Standards
opposes national fish consumption and beach
advisory standards;
waives implementation of enforceable measures
to reduce coastal pollution (i.e. program
under Sec. 6217 of the Coastal Zone
Reauthorization Amendments of 1990).*
Wetlands
supports public mitigation banks that are
vulnerable to mismanagement;
supports gridlock through takings
assessments; *
delegates authority to states through partial
state assumption, assumption over
navigable waters, and codification of
state programmatic general permits (SPGPs)
with only optional programmatic oversight
by the EPA (rather than permit-by-permit
review).
Cost-Benefit/Risk Assessment*
over-inclusive: applies to all regulations
with substantial potential impact on
public health or economy, and
legislation;
creates ambiguous and unquantifiable
standards: EPA must certify that benefits
justify costs, and strike appropriate
balance;
fosters unnecessary litigation by subjecting
to judicial review preparation and the
failure to prepare cost/benefit and risk
assessments based on arbitrary and
capricious standard. Failure to prepare
creates a rebuttable presumption.
Polluted Runoff
The existing Clean Water Act controls over
polluted runoff (Sec. 319) are weak and rely
on voluntary measures. The draft NGA policy
fails to reform the program adequately to
ensure that polluted runoff problems are
addressed.
no requirement for enforceable state
programs;
polluted runoff sources are allowed nearly 20
years before they must meet WQS;
interim milestones for programs do not
require improvements to water quality;
no requirements for best management
practices;
no requirement for priority consideration for
threatened and impaired watersheds.
* Existing policies that harm the Clean Water
Act, but are up for renewal next year, not at
the annual meeting on July 13-16.
==========================================
END OF ALERT
==========================================