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Water Headlines for June 2, 2006Benjamin H. Grumbles Water Headlines is a weekly on-line publication that announces publications, policies, and activities of the U.S. Environmental Protection Agency’s Office of Water. In This Week’s Water Headlines:
EPA Proposes Rule: Permits Not Needed for Water TransfersOn June 1, EPA proposed a rule that clarifies that permits are not required for transfers of water from one body of water to another. Such transfers include routing water through tunnels, channels, or natural stream courses for public water supplies, irrigation, power generation, flood control, and environmental restoration. "The Water Transfer Rule gives communities needed flexibility to protect water quality, prevent costly litigation and promote the public good," according to EPA Assistant Administrator for Water Benjamin H. Grumbles. "President Bush is committed to cleaning and protecting the nation's water resources, and this rule keeps the Clean Water Act focused on water pollution, not water allocation." Thousands of water transfers currently in place across the country are vital to the water infrastructure. Whether a permit is needed under the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) has been an issue in numerous court cases in recent years. The proposed rule would define such transfers as the movement of water between bodies of water without subjecting the water to intervening industrial, municipal or commercial use. In 2004, the question of whether NPDES permits were necessary for water transfers went before the U.S. Supreme Court in South Florida Water Management District v. Miccosukee Tribe of Indians. The court did not rule directly on the issue, generating uncertainty about the need for a permit. EPA concluded in 2005 that Congress intended water resource-management agencies and other state authorities to oversee water transfers, not the NPDES permitting program. This rulemaking codifies that conclusion. EPA will accept comments on the proposed rule for 45 days. More water transfers information: http://www.epa.gov/npdes/agriculture#water_transfer New Rule on Cooling Water Intake SystemsOn June 1, EPA signed a final rule, established under the Clean Water Act, which will provide increased protection to fish, shellfish and other aquatic life. This action sets standards for cooling water intake structures at new oil and gas extraction facilities either at offshore or coastal locations. The rule applies to an estimated 124 new rigs and platforms expected to be built over the next two decades. These facilities could require as much as 20 million gallons of water a day to cool the equipment. Derived from Section 316(b) of the Clean Water Act, this is the final action of a three-phase process that began by implementing requirements for new facilities, but did not include offshore or coastal oil and gas facilities. The second rule addressed existing power plants that use more than 50 million gallons of cooling water per day. Cooling water intake structures at existing manufacturing facilities and certain power generators will continue to abide by section 316(b) requirements established on a case-by-case, best professional judgment basis through the water permitting program. The final rule does not change the regulatory requirements for facilities subject to the first and second regulations. More information: http://www.epa.gov/waterscience/316b/ph3.htm Water Efficiency Workshop in Washington, DCThe California Urban Water Conservation Council will be holding a workshop in Washington, DC, on Tuesday, June 6, 2006, to discuss their draft report: "Developing a Framework for an Alliance for Water Efficiency." The report is a summary of the results of their research into creating a national organization for water efficiency which was sponsored by a grant from the U.S. Environmental Protection Agency. The purpose of the workshop will be to obtain stakeholder views on the report’s recommendations and will cover the topics of Board Member selection, designation of initial functions for the new organization, rollout of funding options, and membership. The Draft Report is posted at http://www.cuwcc.org/national_cwe.lasso Comment on Draft EPA Strategic PlanEPA has just posted a draft of the Agency Strategic Plan for 2006 - 2011 for public review and comment. The draft plan can be found at: http://www.epa.gov/ocfopage/plan/plan.htm Water elements of the Plan are found in Goal 2 (Clean and Safe Water) and in parts of Goal 4 (Healthy Communities and Ecosystems). Comments on the draft plan are due July 17. As indicated on the website, it is possible to submit comments electronically using the form on the website. Subscribe to Water HeadlinesPlease forward this message to your friends and colleagues who share an interest in water-related issues and would like to hear from EPA’s Office of Water. To subscribe to the Water Headlines listserve: Send an email message, leave the subject line blank, and address it to: In the body of the message write: Subscribe Water Headlines first name last name (Please leave one blank space between each word, do not include any other message, and use your actual name- i.e. Subscribe Water Headlines Robert Jones)
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