The Ferguson Group Blog

"Waters of the U.S." Comment Period Extended

Yesterday, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) announced the second extension of the public comment period for the proposed "Waters of the U.S." rulemaking.  The deadline for comments has now been moved from October 20, 2014 to November 14, 2014.  

EPA and the Corps originally released the new proposed rule on April 21 which would create a new definition for "Waters of the U.S." and greatly expand federal jurisidiction of the nation's waterways. Many local governments as well as the agriculture industry are concerned about the regulatory burden the new definition would create.  See the links below for more information about the proposed rule and the reactions from some of the leading organizations fighting it:

 

- EPA "Waters of the U.S." Website

- American Farm Bureau "Ditch the Rule" Website

- National Association of Counties Information Hub

- National League of Cities Policy Page

 

What are your thoughts on the proposed rule?  How would it impact your community?

 

EPA Announces Brownfields Grants Winners

On May 28, 2014, the Environmental Protection Agency (EPA) announced that 171 communities will receive 264 Assessment, Revolving Loan Fund and Cleanup (ARC) grants totaling $67 million in EPA brownfields funding. These funds will give communities like High Point, NC and businesses like Congress Street Hill Property, LLC of Belfast, ME a chance to return economic stability to under-served and economically disadvantaged neighborhoods through the assessment and clean-up of abandoned industrial and commercial properties. The City of High Point will use community-wide assessment funds to conduct Phase I and Phase II environmental site assessments for both hazardous substances and petroleum. Congress Street Hill Property, LLC will access brownfields cleanup grant funds to remediate the Old Waldo County Jail site which has environmental concerns including inorganic contaminants, metals and PCBs.

View the full list of FY 2014 brownfield award recipients here.

Does your community have properties that require assessment or remediation? If so, you should learn more about EPA’s Brownfields Program by visiting www.epa.gov/brownfields/.

Congress seeks to override EPA’s guidance on fire hydrants

On October 22, the Environmental Protection Agency (EPA) issued guidance that said fire hydrants would be covered by the Reduction of Lead in Drinking Water Act, which mandates the use of lead-free pipes to transmit drinking water. That decision was based on a finding that fire hydrants are sometimes used to deliver drinking water during emergency situations.

In response to the EPA guidance, the House approved H.R. 3588, the Community Fire Safety Act on December 2. The bill would add fire hydrants to a list of products (such as toilets, bidets and shower valves) that are statutorily exempt from the new “lead-free” standards. Lawmakers argued that it would be impossible for local governments to repair fire hydrants or replace them with existing inventory. There was also concern the requirement would pose possible fire risks to communities around the country that might have to violate the law in order to install available hydrants. 

Following action in the House, Senators Pat Toomey (R-PA), Bob Casey Jr. (D-PA), Rob Portman (R-OR) and Charles Schumer (D-NY) introduced legislation to override guidance from EPA. Senate leaders have not said whether they would take up the bill, but the Senate is in session this week and next, and could consider it then.

Without action in Congress, the EPA guidance is scheduled to take effect January 4, 2014.

Lead Fire Hydrants Caught In Conflagration Over EPA Interpretation

The U.S. Environmental Protection Agency (EPA) recently released a “Frequently Asked Questions” document which could have significant negative financial impacts on municipal governments.  Under the Office of Water interpretation of 2011’s Reduction of Lead in Drinking Water Act (P.L. 111-380), fire hydrants are not exempt from the Safe Drinking Water Act (SDWA).  With an effective date of January 4, agencies have little time to object or adapt to EPA’s interpretation.

Under SDWA’s Section 1417, no person may use pipes or other fixtures containing lead in the installation or repair of any public water system providing water for human consumption.  The 2011 law amended Section 1417 to exempt pipes and fittings where water is not anticipated to be for human consumption. EPA decided against exempting fire hydrants because hydrants are known to be used in emergency situations as sources of potable water. 

Opponents of EPA’s position argue the law was never intended to cover fire hydrants, model state laws specifically exempt fire hydrants, and the public health benefit is miniscule while the cost of the decision could be quite large. Several associations are urging key legislators, including Senator Barbara Boxer as author of the legislation, to persuade EPA to change course before January and specifically add fire hydrants to the list of infrastructure exempt under the Act.

The text of P.L. 111-380 is located here:

http://www.gpo.gov/fdsys/pkg/PLAW-111publ380/pdf/PLAW-111publ380.pdf

EPA’s Frequently Asked Questions document from October 2013 – including the relevant Question 5 – is located here:

http://water.epa.gov/drink/info/lead/upload/epa815s13001.pdf

Calling all Rural and Small Water and Wastewater Systems!

The EPA and USDA have rolled out two new tools to help rural and small water and wastewater systems provide sustainable services to their communities.  The first, a new Rural and Small Systems Guidebook to Sustainable Utility Management, will help those systems assess their strengths and priorities for potential improvements, and develop an action plan to address these priorities.  

The second, a "Workshop in a Box," contains a series of materials and instructions to help both rural and small systems and service providers market and conduct workshops based on the guidebook.  According to the EPA, “These tools provide utilities with useful, concise reference points for utility managers seeking to improve organization-wide performance. They include a comprehensive management framework related to operations, infrastructure, customer satisfaction, community sustainability, natural re­source stewardship and financial viability.”  Check it out.

It’s Time to Comment

On July 30^th a proposed National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule was published in the Federal Register.  The proposed rule has to do with replacing several paper-based Clean Water Act NPDES permitting and compliance monitoring reporting with electronic reporting.   EPA plans to phase in the requirements of the final rule over a two year period.  Phase 1 is to be implemented within one year of the rule’s promulgation and Phase 2 is to be implemented within the second year of the rule’s promulgation. EPA will use the Clean Water Act, Section 308 as a backstop if states are unable to meet certain criteria.

Under the proposed rule NPDES permitted facilities physically located in a county or zip code where there is limited broadband access will be granted a temporary waiver, which will be reviewed annually.  NPDES permitted facilities for which electronic reporting would pose an unreasonable burden or expense may be granted a temporary waiver for up to one year at a time.

Those interested have until October 28, 2013 to comment.  EPA predicts the final rule will be established by late 2014 or early 2015.

EPA Highlights New Tools to Help Local Governments Address Climate Change Impacts and Promote Energy Efficiency

EPA’s State and Local Climate and Energy Program office recently published two helpful tools for communities seeking to advance climate change mitigation and clean energy goals.

First, the Coastal Hazards Center at the University of North Carolina at Chapel Hill has developed a handbook to help local governments adapt to climate change. The handbook demonstrates the need for local action and explains the options that are open to local governments. The handbook was written by UNC graduate student Sierra C. Woodruff with Anna K. Schwab and Dylan Sandler with advising from Professor David Brower and Gavin Smith, Executive Director of the Coastal Hazards Center at UNC. You can download the complete handbook here.

Second, the State and Local Energy Efficiency Action Network has produced a guide on energy audits and retro-commissioning. The guide provides a helpful synthesis of existing state and local policies, and discussion of policy options for driving energy audits and retro-commissioning activity within public and private sector buildings.

In recent years, a number of jurisdictions have enacted policies that require building owners to conduct energy assessments or "audits" of their facilities, improve the operating efficiency of existing buildings through "retro-commissioning," or both. This guide distills the experiences of these early-adopter jurisdictions and captures many of the key elements required for the consideration, development, and implementation of state and local audit and retro-commissioning policies. The guide can be downloaded here.

Share your community’s experience with promoting energy efficiency and addressing climate change. What is working for your community?

Will Waterfronts be Tomorrow’s Mainstreets?

Waterfronts and ports in particular, continue to gain attention in Washington, where they are viewed as increasingly integral to the economic development and sustainability of their surrounding communities. A new bill, “The Waterfront of Tomorrow Act,” was announced on July 30th by Congresswoman Nydia Velazquez (D-NY). While the bill’s focus is to help protect New York City from future floods, the bill will need the support of port cities across the nation and has been designed to have nationwide appeal.

If passed, the bill would incorporate ports and harbors into the National Freight Policy provisions included in MAP-21; it would establish a state and local grant program within the Economic Development Administration to establish environmentally sustainable waterfront areas; and it would allow the Environmental Protrection Agency and the U.S. Maritime Administration to jointly establish a “Green Port” designation, which would be accompanied by federal grant funding and technical assistance.

Re-framing waterfronts as tomorrow’s mainstreets is what this bill is all about. The Congresswoman is initially looking at seeking support from California and New Jersey members to build the momentum needed to gain nationwide support. If your community has a waterfront, this is a bill to watch.

Bill Introduced to Promote Pilot Communities/Extend Clean Water Permit Terms in Implementing EPA Integrated Planning and Permitting Framework

On July 17th, Reps. Steve Chabot (R-OH), Mike Simpson (R-ID), and Sam Graves (R-MO) introduced H.R. 2707, the Clean Water Compliance and Ratepayer Affordability Act of 2013. The bill that would provide local communities the flexibility to use innovative and cost-effective approaches to federal Clean Water Act (CWA) compliance, either under an Environmental Protection Agency (EPA) CWA permit or court-approved consent decree. The bill would create a pilot program for 15 communities across the country to transparently work with the EPA to develop new, more flexible ways for communities to meet CWA compliance goals under the agency’s new Integrated Planning and Permitting Framework.

H.R. 2707 facilitates flexible compliance solutions by providing the EPA with the direction and authority to work cooperatively and collaboratively with pilot communities to: lengthen the terms of Clean Water Act permits to up to 20 years; adjust implementation plans under consent decrees; take into account worsening economic conditions affecting a community’s ability to afford wet weather investments; and strengthen a community’s ability to use innovative and adaptive approaches to solve wet weather problems.

The immediate need for this legislation could not be more pressing as many communities across the nation, currently reeling from the strain of high unemployment, stagnant economic conditions, and the housing crisis, grapple with unfunded federal mandates for water infrastructure improvements to meet stringent CWA requirements. While reducing and eliminating sewer overflows and ensuring stormwater flows do not pollute waterways should be our primary goal, allowing communities to use new, cost effective methods, such as “green” infrastructure and adaptive management, to accomplish these tasks can reduce costs while fixing the problems at hand. The legislation directs the EPA to provide these struggling communities with the flexibility and realistic timelines to plan, implement and assess results in a transparent, integrated process in order to inform future investments in clean water projects.

The Perfect Storm Coalition, made up of communities facing these daunting mandates, has lobbied for the introduction of H.R. 2707 for the past several years, and looks forward to congressional hearings on the legislation. The Coalition is also working with the Senate to introduce a companion bill. If your community is concerned about massive investments in clean water infrastructure required by the EPA or the courts to meet CWA regulatory mandates, please consider joining the Coalition and pushing for the bipartisan adoption and enactment of this important legislation.

Federal Agencies Want YOU To Be A Grant Reviewer

Are you looking to increase your chances of submitting a successful grant application? If so, you should consider becoming a federal grant reviewer!

Most agencies like to engage grant peer-reviewers from various fields to read applications and provide an analysis and rating of the quality of each grant application based upon the application requirements and selection criteria.

The grant review experience will help you gain knowledge in preparing grant applications and provide you with an in-depth look at the grant evaluation process.  It also gives you the opportunity to network with other professionals in your field and federal officials. Being a grant reviewer will expose you to new ideas that you may be able to bring back and implement in your own profession or agency.

Each agency has a different process, and some even offer compensation for your time and efforts. Highlighted below are some of the key offices and/or divisions within federal agencies that are seeking peer reviewers and a brief narrative on how to get involved.  

Bureau of Justice Assistance (BJA)

The BJA looks for peer reviewers with expertise in a broad range of criminal justice backgrounds including but not limited to crime prevention, adjudication, law enforcement and gangs, tribal justice, corrections, research and statistics, information, technology and social services. Participants will review remotely but are required to participate in an orientation call before beginning their reviews.  Reviewers will score 10-20 applications within 2 weeks, and are paid $125 per application.  To become a reviewer, you can submit a current resume including an e-mail address to Chris Casto at [email protected], and for more information you can visit their website by clicking here.

Office of Juvenile Justice and Delinquency Prevention (OJJDP) U.S. Department of Justice (DOJ)

The OJJDP is seeking researchers and practitioners with expertise related to the juvenile justice field.  Those interested are asked to email their current resume along with a brief explanation of their justice-related knowledge and experience (gangs, substance abuse, mentoring, tribal juvenile justice, etc.) to [email protected].  Reviewers will be compensated for their services.  Additional information can be found on OJJDP’s website under funding inquiries.

Bureau of Justice Assistance (BJA), Office of Justice Program (OJP), DOJ

The OJP seeks qualified professionals to evaluate grant applications based on the specialist’s expertise, demographics and prior experience as a reviewer.  A reviewer generally has 2-4 weeks to review 10-30 applications and is asked to participate in a webinar, call, or in-person peer review that lasts 1-2 days.  Non-federal reviewers are compensated $125 per application. To start the process or for more information, email the OJP at [email protected], and visit their website.

Environmental Protection Agency (EPA)

The EPA conducts peer review on applications submitted in response to extramural research competitions.  To become a reviewer, experts may nominate themselves to be part of the Peer Reviewer Information System (PRIS) by sending an email request including brief curriculum vitae to Benjamin Packard, [email protected].  For more information on becoming an EPA reviewer, click here.

Department of Transportation (DOT)

The Department of Transportation does have grant reviewers for specific grant programs.  For more information on those grants, you can visit DOT’s website here.

Department of Labor (DOL)

To become a reviewer, prospective panelists must complete a panelist profile including contact information, your area of expertise, a brief bio and an updated resume. Secondly, one must complete an online training module and lastly, must rate a sample grant application and document evaluative feedback in a Panelist Rating Workbook. Each panelist can expect a workload of 10-15 applications. You can register online, or can contact Linda Metchikoff-Hooker, a DOL contractor for the grant reviewing process at (714) 434-3553 or [email protected].

Institute of Museum and Library Science (IMLS)

The IMLS urges future reviewers to familiarize themselves with IMLS grant programs and read existing reviewer handbooks before considering becoming a panelist. IMLS looks for museum reviewers and library reviewers, each expertise deals with different grants.  If you are still interested, your information can be submitted online or you can contact the IMLS Office of Library Services at (202) 653- 4700 or [email protected].

National Institute of Health (NIH)

The NIH looks for peer reviewers who have previously received grant support for the NIH as well as scientists who are well-qualified and accomplished to review applications for funding and R&D contract proposals.  To be added to the database of reviewer volunteers, email [email protected] with 1-2 sentences describing you area of expertise and a copy of a brief bio. Additional information can be found here.

Corporation for National and Community Service (CNCS)

The CNCS looks for reviewers with at least 5 years of experience in a field such as education, research, analysis, literacy, human services, nonprofit, grant writing, public health and environment.  To become a reviewer, you must complete an online application. If you have any questions, you can contact CNCS at [email protected].  For basic information on becoming a peer reviewer, visit their website.

Health Resources and Services Administration (HRSA) at U.S. Department of Health and Human Services (HHS)

HRSA looks for grant reviewers with expertise in HIV/AIDS, organ transplant, rural health, primary care for underserved people, maternal and child health and health professions training.  These grant reviews are usually held in Washington, DC for 3 to 5 days, while some are conducted via teleconference or independently reviewed remotely.  If travel is necessary, HRSA makes arrangements and pays for travel expenses.  Reviewers receive an honorarium for their services.  For information on being a reviewer and how to apply, click here, or for inquiries on the process, you can contact the HRSA at [email protected].

Administration for Children and Families (ACF) at HHS

At the ACF there are opportunities to be a grant reviewer for ACF programs such as the Administration on Children, Youth and Families (ACYF), the Administration for Native Americans (ANA), Administration on Developmental Disabilities (ADD), the Office of Community Services (OCS), the Office of Family Assistance Child Care Bureau (CCB) and the Office of Head Start (OHS).  Each program has a different way to apply to be a grant reviewer.  For more information, click here.

Office of National Drug Control Policy (ONDCP) with the Substance Abuse and Mental Health Services Administration (SAMHSA)

The ONDCP and the SAMHSA look for reviewers with experience and knowledge in mental health services, community-based system of care and services for adults with mental illnesses, children with serious emotional disturbances, substance abuse prevention and substance abuse treatment services, programs and activities.  If chosen, reviewers are for selected for particular grant programs based on their knowledge, education and experience.  Some grant reviews will require on site meetings usually in Washington, DC, however it varies depending on the grant being reviewed.  The reviewers receive taxable compensation for their services.  For more information, visit SAMHSA’s website.  To apply, you can fill out a reviewer contact form online or download the form at the bottom of the given website.  To email the form and submit your resume electronically, email [email protected].

Federal Emergency Management Agency (FEMA) Firefighter Grant

In the case of FEMA firefighter grant peer review opportunities, FEMA directly contacts the National Association of State Fire Marshalls.  The Association then contacts stations in the area that would be of assistance.