[Congressional Record (Bound Edition), Volume 154 (2008), Part 10]
[House]
[Pages 13355-13359]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1630
            RAW SEWAGE OVERFLOW COMMUNITY RIGHT-TO-KNOW ACT

  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I move to suspend 
the rules and pass the bill (H.R. 2452) to amend the Federal Water 
Pollution Control Act to ensure that sewage treatment plants monitor 
for and report discharges of raw sewage, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2452

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Sewage Overflow Community 
     Right-to-Know Act''.

     SEC. 2. DEFINITIONS.

       Section 502 of the Federal Water Pollution Control Act (33 
     U.S.C. 1362) is amended by adding at the end the following:
       ``(25) Sanitary sewer overflow.--The term `sanitary sewer 
     overflow' means an overflow, spill, release, or diversion of 
     wastewater from a sanitary sewer system. Such term does not 
     include municipal combined sewer overflows or other 
     discharges from a municipal combined storm and sanitary sewer 
     system and does not include wastewater backups into buildings 
     caused by a blockage or other malfunction of a building 
     lateral that is privately owned. Such term includes overflows 
     or releases of wastewater that reach waters of the United 
     States, overflows or releases of wastewater in the United 
     States that do not reach waters of the United States, and 
     wastewater backups into buildings that are caused by 
     blockages or flow conditions in a sanitary sewer other than a 
     building lateral.
       ``(26) Treatment works.--The term `treatment works' has the 
     meaning given that term in section 212.''.

     SEC. 3. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF 
                   SEWER OVERFLOWS.

       Section 402 of the Federal Water Pollution Control Act (33 
     U.S.C. 1342) is amended by adding at the end the following:
       ``(r) Sewer Overflow Monitoring, Reporting, and 
     Notifications.--
       ``(1) General requirements.--After the last day of the 180-
     day period beginning on the date on which regulations are 
     issued under paragraph (4), a permit issued, renewed, or 
     modified under this section by the Administrator or the 
     State, as the case may be, for a publicly owned treatment 
     works shall require, at a minimum, beginning on the date of 
     the issuance, modification, or renewal, that the owner or 
     operator of the treatment works--
       ``(A) institute and utilize a feasible methodology, 
     technology, or management program for monitoring sewer 
     overflows to alert the owner or operator to the occurrence of 
     a sewer overflow in a timely manner;
       ``(B) in the case of a sewer overflow that has the 
     potential to affect human health, notify the public of the 
     overflow as soon as practicable but not later than 24 hours 
     after the time the owner or operator knows of the overflow;
       ``(C) in the case of a sewer overflow that may imminently 
     and substantially endanger human health, notify public health 
     authorities and other affected entities, such as public water 
     systems, of the overflow immediately after the owner or 
     operator knows of the overflow;
       ``(D) report each sewer overflow on its discharge 
     monitoring report to the Administrator or the State, as the 
     case may be, by describing--
       ``(i) the magnitude, duration, and suspected cause of the 
     overflow;
       ``(ii) the steps taken or planned to reduce, eliminate, or 
     prevent recurrence of the overflow; and
       ``(iii) the steps taken or planned to mitigate the impact 
     of the overflow; and
       ``(E) annually report to the Administrator or the State, as 
     the case may be, the total number of sewer overflows in a 
     calendar year, including--
       ``(i) the details of how much wastewater was released per 
     incident;
       ``(ii) the duration of each sewer overflow;
       ``(iii) the location of the overflow and any potentially 
     affected receiving waters;
       ``(iv) the responses taken to clean up the overflow; and
       ``(v) the actions taken to mitigate impacts and avoid 
     further sewer overflows at the site.
       ``(2) Exceptions.--
       ``(A) Notification requirements.--The notification 
     requirements of paragraphs (1)(B) and (1)(C) shall not apply 
     a sewer overflow that is a wastewater backup into a single-
     family residence.
       ``(B) Reporting requirements.--The reporting requirements 
     of paragraphs (1)(D) and (1)(E) shall not apply to a sewer 
     overflow that is a release of wastewater that occurs in the 
     course of maintenance of the treatment works, is managed 
     consistently with the treatment works' best management 
     practices, and is intended to prevent sewer overflows.
       ``(3) Report to epa.--Each State shall provide to the 
     Administrator annually a summary of sewer overflows that 
     occurred in the State.
       ``(4) Rulemaking by epa.--Not later than one year after the 
     date of enactment of this subsection, the Administrator, 
     after providing notice and an opportunity for public comment, 
     shall issue regulations to implement this subsection, 
     including regulations to--
       ``(A) establish a set of criteria to guide the owner or 
     operator of a publicly owned treatment works in--
       ``(i) assessing whether a sewer overflow has the potential 
     to affect human health or may imminently and substantially 
     endanger human health; and
       ``(ii) developing communication measures that are 
     sufficient to give notice under paragraphs (1)(B) and (1)(C); 
     and
       ``(B) define the terms `feasible' and `timely' as such 
     terms apply to paragraph (1)(A), including site specific 
     conditions.
       ``(5) Approval of state notification programs.--
       ``(A) Requests for approval.--
       ``(i) In general.--After the date of issuance of 
     regulations under paragraph (4), a State may submit to the 
     Administrator evidence that the State has in place a legally 
     enforceable notification program that is substantially 
     equivalent to the requirements of paragraphs (1)(B) and 
     (1)(C).
       ``(ii) Program review and authorization.--If the evidence 
     submitted by a State under clause (i) shows the notification 
     program of the State to be substantially equivalent to the 
     requirements of paragraphs (1)(B) and (1)(C), the 
     Administrator shall authorize the State to carry out such 
     program instead of the requirements of paragraphs (1)(B) and 
     (1)(C).
       ``(iii) Factors for determining substantial equivalency.--
     In carrying out a review of a State notification program 
     under clause (ii), the Administrator shall take into account 
     the scope of sewer overflows for which notification is 
     required, the length of time during which notification must 
     be made, the scope of persons who must be notified of sewer 
     overflows, the scope of enforcement activities ensuring that 
     notifications of sewer overflows are made, and such other 
     factors as the Administrator considers appropriate.
       ``(B) Review period.--If a State submits evidence with 
     respect to a notification program under subparagraph (A)(i) 
     on or before the last day of the 30-day period beginning on 
     the date of issuance of regulations under paragraph (4), the 
     requirements of paragraphs (1)(B) and (1)(C) shall not begin 
     to apply to a publicly owned treatment works located in the 
     State until the date on which the Administrator completes a 
     review of the notification program under subparagraph 
     (A)(ii).
       ``(C) Withdrawal of authorization.--If the Administrator, 
     after conducting a public hearing, determines that a State is 
     not administering and enforcing a State notification program 
     authorized under subparagraph (A)(ii) in accordance with the 
     requirements of this paragraph, the Administrator shall so 
     notify the State and, if appropriate corrective action is not 
     taken within a reasonable time, not to exceed 90 days, the 
     Administrator shall withdraw authorization of such program 
     and enforce the requirements of paragraphs (1)(B) and (1)(C) 
     with respect to the State.
       ``(6) Special rules concerning application of notification 
     requirements.--After the last day of the 30-day period 
     beginning on the date of issuance of regulations under 
     paragraph (4), the requirements of paragraphs (1)(B) and 
     (1)(C) shall--
       ``(A) apply to the owner or operator of a publicly owned 
     treatment works and be subject to enforcement under section 
     309, and
       ``(B) supersede any notification requirements contained in 
     a permit issued under this section for the treatment works to 
     the extent that the notification requirements are less 
     stringent than the notification requirements of paragraphs 
     (1)(B) and (1)(C),
     until such date as a permit is issued, renewed, or modified 
     under this section for the treatment works in accordance with 
     paragraph (1).
       ``(7) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) Sewer overflow.--The term `sewer overflow' means a 
     sanitary sewer overflow or a municipal combined sewer 
     overflow.
       ``(B) Single-family residence.--The term `single-family 
     residence' means an individual dwelling unit, including an 
     apartment, condominium, house, or dormitory. Such term does 
     not include the common areas of a multi-dwelling 
     structure.''.

     SEC. 4. ELIGIBILITY FOR ASSISTANCE.

       (a) Purpose of State Revolving Fund.--Section 601(a) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1381(a)) is 
     amended--

[[Page 13356]]

       (1) by striking ``and'' the first place it appears; and
       (2) by inserting after ``section 320'' the following: ``, 
     and (4) for the implementation of requirements to monitor for 
     sewer overflows under section 402''.
       (b) Water Pollution Control Revolving Loan Funds.--Section 
     603(c) of the Federal Water Pollution Control Act (33 U.S.C. 
     1383(c)) is amended--
       (1) by striking ``and'' the first place it appears; and
       (2) by inserting after ``section 320 of this Act'' the 
     following: ``, and (4) for the implementation of requirements 
     to monitor for sewer overflows under section 402''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Texas (Ms. Eddie Bernice Johnson) and the gentlewoman from Virginia 
(Mrs. Drake) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Texas.


                             General Leave

  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I ask unanimous 
consent that all Members may have 5 legislative days within which to 
revise and extend their remarks and include extraneous materials on 
H.R. 2452.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Texas?
  There was no objection.
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I yield myself 
such time as I may consume.
  Madam Speaker, H.R. 2452, the Sewage Overflow Community Right-To-Know 
Act, offered by my colleague on the Committee on Transportation and 
Infrastructure, Mr. Bishop, is an important commonsense proposal to 
enhance the monitoring and public notification of sewage spills.
  I applaud Mr. Bishop's work to raise the public's awareness of sewage 
spills and for his tenacity in bringing together relevant stakeholders 
on this issue to work through potential differences and produce the 
fine product under consideration today. I also applaud the work of our 
colleague, Mr. LoBiondo, for his efforts in supporting and advocating 
for H.R. 2452.
  Public notification of sewage overflows is an important topic that 
has not received the attention it rightly deserves. During committee 
hearings on this legislation last summer, the Subcommittee on Water 
Resources and Environment received testimony on the overwhelming extent 
of the problem of sewage overflows. According to the Environmental 
Protection Agency's own numbers, the frequency and volume of annual 
sewage overflows is staggering.
  For combined sewage systems, EPA estimates that 850 billion gallons 
of raw or partially treated sewage is discharged annually into local 
waters. For separate sanitary sewer systems, EPA estimates that 23- to 
75,000 of these sanitary sewage system overflows occur each year in the 
United States, discharging a total volume of between 3 and 10 billion 
gallons annually.
  Worse still is the fact that these sewage overflows can be laden with 
potentially harmful chemicals, pathogens, viruses, and bacteria and 
often wind up in local rivers and streams, city streets, parks, or, in 
unfortunate cases, directly into people's homes.
  These statistics further emphasize the importance of investment in 
our Nation's water-related infrastructure. For too long our communities 
and citizens have been waiting for us to renew our commitment to 
meeting the water-related infrastructure needs of this country. While 
the House of Representatives strongly approved legislation to reinvest 
and rebuild and replace our failing and outdated waste-water treatment 
infrastructure and sewers, we have faced continued opposition from this 
administration investing in our Nation's infrastructure.
  I remain hopeful that we will be able to send legislation to the 
President this year that will meet the water-related needs that we all 
know exist and are necessary to ensure the economic and environmental 
health of our Nation.
  However, in the interim, we need to make sure that the public is 
aware of sewage levels to give the individuals the opportunity to stay 
out of harm's way. It makes no sense for sewage agencies to know where 
and when overflows are occurring but to avoid making this information 
readily available to the public. This type of practice defies common 
sense. Equally troublesome are agencies that lack sufficient monitoring 
technologies or programs to alert them to the presence of sewage 
overflows.
  The legislation under consideration here today is an essential step 
in protecting the public's health and environment from the dangers of 
sewage overflows. H.R. 2452, the Sewage Community Right-to-Know Act, is 
a commonsense approach to enhance the monitoring and notification of 
sewage overflows to protect human health and the environment. It is 
also an approach that can be achieved without significant burden to 
States and local governments. Monitoring and providing public 
notification on sewage overflows provides the greatest opportunity to 
avoid direct contact and potentially harmful pollutants as well.
  Facilities' rapid responses to overflows in order to minimize the 
potential harm to the environment, this legislation amends the Clean 
Water Act to ensure that all publicly owned treatment works incorporate 
enhanced monitoring notification and reporting requirements into the 
existing permits for those systems under their operational control.
  Under this Act, the Administrator of the Environmental Protection 
Agency is given 1 year to issue regulations to define the parameters 
for monitoring and notification to be carried out by the publicly owned 
treatment works. Following completion of this rulemaking, all publicly 
owned treatment works are required within a defined time period to 
incorporate the monitoring and notification criteria from the 
rulemaking into the existing clean water permits.
  However, to help minimize potential paperwork concerns, this 
legislation allows owners and operators to incorporate the enhanced 
monitoring provisions in their existing permits as such permits come up 
for periodic renewal modification.
  To enhance the availability of public information on sewer overflows, 
H.R. 2452 requires the enhanced notification requirements to take 
effect 30 days after completion of the rulemaking. The legislation 
under consideration today is slightly modified from the version that 
was reported favorably from the Committee on Transportation and 
Infrastructure on May 15 to address a few technical and transitional 
concerns that were unresolved before the committee markup.
  In addition, the bill under consideration today provides a mechanism 
for States with active notification programs to petition EPA for the 
ability to carry out the existing notification programs provided that 
these programs are determined to be functionally equivalent to the 
national standard for State notification programs called for in this 
legislation.
  I commend the ranking member of the subcommittee, Mr. Boozman, and 
the ranking member of the Committee on Transportation and 
Infrastructure, Mr. Mica, and my Chair, Mr. Oberstar, for working in a 
bipartisan fashion to resolve all the outstanding issues related to 
this important legislation.
  Let me conclude by thanking the following organizations for their 
efforts in reaching the compromised language that is under 
consideration today: The American Rivers, the National Association of 
Clean Water Agencies, the Water Environment Federation and the 
California Association of Sanitation Agencies. The hard work and 
willingness of each of these organizations made it possible to reach 
this agreement and to bring forward this important bipartisan 
legislation.
  Madam Speaker, I submit the following for the Record.

[[Page 13357]]

                                                    June 23, 2008.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         Rayburn House Office Building, Washington, DC.
     Hon. John Mica,
     Ranking Member, Committee on Transportation and 
         Infrastructure, Rayburn House Office Building, 
         Washington, DC.
     Hon. Tim Bishop,
     Cannon House Office Building,
     Washington, DC.
     Hon. Frank LoBiondo,
     Rayburn House Office Building,
     Washington, DC.
       Dear Chairman Oberstar, Ranking Member Mica, and 
     Representatives Bishop and LoBiondo: On behalf of our members 
     and supporters across the nation, thank you for reporting 
     H.R. 2452, the Sewage Overflow Community Right-to-Know Act. 
     Our organizations strongly support this legislation and 
     applaud your efforts to suspend the rules and pass the bill.
       By requiring public notification, H.R. 2452 could protect 
     millions of Americans from exposure to untreated sewage 
     spills that could make them sick. This first line of defense 
     is critical as hundreds of billions of gallons of raw and 
     partially treated sewage are dumped into our streams, rivers 
     and lakes every year. Many American are unaware when a sewage 
     spill occurs in the local waterways where their families swim 
     and play.
       The bacteria, viruses and parasites found in untreated 
     sewage can cause severe symptoms including gastrointestinal 
     problems, infection and fever, as well as heart, liver or 
     kidney failure, arthritis and even cancer. By requiring the 
     public to be notified when sewage spills threaten their 
     health, we can help Americans protect their families by 
     avoiding contaminated areas until the threat has passed.
       Thank you again for your hard work on this important 
     legislation. We look forward to working with you to see this 
     bill enacted into law this Congress.
           Sincerely,
         Eli Weissman, Director of Government Affairs, American 
           Rivers; Christy Leavitt, Clean Water Advocate, 
           Environment America; Tiernan Sittenfeld, Legislative 
           Director, League of Conservation Voters; Nancy Stoner, 
           Director, Clean Water Project, Natural Resources 
           Defense Council; David Jenkins, Government Affairs 
           Director, Republicans for Environmental Protection; 
           Angela Howe, Legal Manager, Surfrider Foundation.
         Paul Schwartz, National Policy Coordinator, Clean Water 
           Action; Shawnee Hoover, Legislative Director, Friends 
           of the Earth; Corry Westbrook, Legislative Director, 
           National Wildlife Federation; Will Callaway, 
           Legislative Director, Physicians for Social 
           Responsibility; Debbie Sease, National Campaigns 
           Director, Sierra Club.
                                  ____

                                            California Association


                                       of Sanitation Agencies,

                                    Sacramento, CA, June 23, 2008.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Washington, DC.
     Hon. John Mica,
     Ranking Republican, Committee on Transportation and 
         Infrastructure, House of Representatives, Washington, DC.
       Dear Chairman Oberstar and Ranking Member Mica: On behalf 
     of the California Association of Sanitation Agencies (CASA), 
     I write in support of H.R. 2452, which would address the 
     important issue of reporting and notification for sewer 
     overflows. This legislation represents the culmination of a 
     collaborative approach involving wastewater treatment 
     operators and the environmental community. We appreciate the 
     committee's willingness to address CASA's concerns.
       CASA understands that the legislation has been amended to 
     address one of our major concerns, which relates to 
     longstanding California requirements for notification of 
     regulatory authorities and the public in the event of a sewer 
     spill that threatens public health or the environment. 
     Specifically, the amendment provides a delegation process so 
     that existing state notification programs designed to inform 
     the public of health threats emanating from sewer overflows 
     will not be supplanted, provided EPA determines that the 
     programs are substantially equivalent to the federal program. 
     This is vital to avoid inefficient and potentially confusing 
     duplication of effort. Further, this amendment will allow 
     POTWs to target their limited resources to fulfilling their 
     responsibilities as first responders when spills occur. 
     Second, we understand that the committee report clarifies 
     that satellite collection systems are not subject to the 
     provisions of the bill. This is important because many 
     regional POTWs do not manage these upstream systems, and have 
     no authority for spills that occur from facilities outside 
     their jurisdiction.
       There is one provision in the amended bill that has given 
     rise to a new concern. This new provision is designed to 
     ensure that the notification provisions of the bill will be 
     implemented in a timely matter. However, as written, there is 
     no mechanism for informing permittees of their new, fully 
     enforceable obligations, which appears to be at odds with 
     basic due process rights. We hope that as Congress considers 
     the bill that this matter can be further reviewed and 
     addressed prior to final passage.
       Again, we appreciate the opportunity to work with the 
     committee on this important legislation.
           Sincerely,
                                                     Kamil Azoury,
     President.
                                  ____

                                           National Association of


                                         Clean Water Agencies,

                                    Washington, DC, June 23, 2008.
     Hon. James L. Oberstar,
     House Committee on Transportation and Infrastructure, Rayburn 
         House Office Building, Washington, DC.
     Hon. John Mica,
     House of Representatives, Rayburn House Office Building, 
         Washington, DC.
     Hon. Tim Bishop,
     House of Representatives, Cannon House Office Building, 
         Washington, DC.
       Dear Chairman Oberstar, Ranking Member Mica and 
     Representative Bishop: The National Association of Clean 
     Water Agencies (NACWA) appreciates your ongoing leadership 
     on, and commitment to, clean and safe water in the United 
     States. As the leading advocacy organization representing the 
     nation's public wastewater treatment agencies, NACWA has been 
     working diligently with your staff and with American Rivers 
     to come up with a common-sense bill to establish a 
     consistent, national framework for monitoring and reporting 
     sewer overflows. The result of this effort is the Sewage 
     Overflow Community Right-to-Know Act (H.R. 2452) being 
     considered by the House today. The bill goes a long way to 
     address the needs and concerns of NACWA's public agency 
     members, and we appreciate the hard work and good faith you 
     have shown in helping craft this language.
       NACWA, however, must share the bill and accompanying report 
     with its Board of Directors before indicating whether it can 
     offer its support for the legislation. We expect to have a 
     decision on that matter this week. Again, thank you for your 
     leadership on this issue.
           Sincerely,
                                                         Ken Kirk,
                                         NACWA Executive Director.

  I reserve the balance of my time.
  Mrs. DRAKE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in support of H.R. 2452, the Sewage Overflow 
Community Right-to-Know Act.
  Our Nation has nearly 23,000 miles of ocean and gulf shoreline along 
the continental United States, 5,500 miles of Great Lakes shoreline and 
3.6 million miles of rivers and streams. Public confidence and the 
quality of our Nation's waters is important to every citizen of this 
Nation, but it is also critical to industries that rely on safe and 
clean water.
  To improve the public's confidence in the quality of our Nation's 
waters and protect public health and safety, Representatives Bishop and 
LoBiondo introduced H.R. 2452, the Sewage Overflow Community Right-to-
Know Act. Sometimes, especially during wet weather, sewage systems can 
leak or overflow. This can be caused by inadequate design or capacity 
or by breaks in the system of pipes that are often old and in need of 
repair.
  H.R. 2452 requires the publicly owned treatment works develop and 
implement a feasible monitoring program that is reasonably able to 
detect the occurrence of an overflow or leak in their sewer systems in 
a timely manner and to notify the public and health authorities 
whenever a release would threaten public health and safety.
  The Environmental Protection Agency is to develop regulations to help 
local utilities implement these monitoring and notification 
requirements starting 180 days after these regulations have been 
issued. EPA or the States, as the case may be, are to incorporate these 
monitoring and notification requirements into local utilities' Clean 
Water Act permits on a rolling basis as their permits come up for 
renewal.
  This should provide for the orderly implementation of this program 
and minimize the need to reopen utilities' permits. To minimize 
burdening local utilities with duplicative notification requirements, 
States that have substantially equivalent release notification programs 
in place may seek EPA's approval to implement the State's notification 
program instead of the requirements under H.R. 2452. The bill 
authorizes the use of State revolving

[[Page 13358]]

loan funds to help communities pay for this monitoring and notification 
program.
  Under this program, EPA and local utilities must define the 
appropriate amount of monitoring to reduce risk and reasonably protect 
human health. However, they need to be careful not to unwisely use up 
funds that are meant to address the very infrastructure problems that 
are causing the release of sewage in the first place.
  I congratulate Representatives Bishop and LoBiondo on sponsoring this 
bill. The public has a right to know when their waters are threatened 
by sewage release. So I encourage all Members to support this bill.
  Mr. OBERSTAR. Madam Speaker, I rise in strong support of H.R. 2452, 
the ``Sewage Overflow Community Right-to-Know Act''. Let me begin by 
congratulating our Committee colleague, the gentleman from New York 
(Mr. Bishop), for introducing legislation to provide common-sense 
standards for public notification of both combined sewer overflows and 
sanitary sewer overflows. This well-thought-out legislation will be a 
welcome addition to Federal efforts in protecting public health as well 
as the natural environment.
  The most reliable way to prevent human illness from waterborne 
diseases and pathogens is to eliminate the potential for human exposure 
to the discharge of pollutants from combined sewer overflows (``CSOs'') 
and sanitary sewer overflows (''SSOs''). This can occur either through 
the elimination of the discharge, or, in the event that a release does 
occur, to minimize the potential human contact to pollutants.
  Unfortunately, Federal law does not provide uniform, national 
standards for public notification of combined and sanitary sewer 
overflows. Notification of sewer overflows is covered only by a 
patchwork of Federal regulations, State laws, and local initiatives 
aimed at limiting human exposure to discharges.
  Potential human exposure to the pollutants found in sewer overflows 
can occur in a variety of ways. According to the Environmental 
Protection Agency (``EPA'), the most common pathways include direct 
contact with sewer discharges in recreational waters and beaches, 
drinking water contaminated by sewer discharges, and consuming or 
handling contaminated fish or shellfish. However, humans are also at 
risk of direct exposure to sewer overflows, including sewer backups 
into residential buildings, city streets, and sidewalks.
  In October 2007, in my own Congressional district, basements and city 
streets across the city of Duluth were flooded with sewer overflows 
that resulted from massive rainstorms in the Lake Superior basin. The 
Western Lake Superior Sanitary Sewer District reported at least seven 
major sewage overflows in its service area, with reports of numerous 
additional backups into local streets and basements.
  Similarly, earlier this month, heavy rains in the Midwest and 
flooding along the Mississippi River system resulted in a significant 
overload to the sewer systems and treatment works, and resulted in the 
release of untold gallons of untreated or partially treated sewage into 
the homes and street of communities along the Mississippi River system. 
As families are starting to return to their homes, they are in need of 
information on any health risks from coming into contact with 
potentially contaminated waters.
  The cost of eliminating CSOs and SSOs throughout the nation is 
staggering. In its most recent Clean Water Needs Survey (2000), EPA 
estimated the future capital needs to address existing CSOs at $50.6 
billion. In addition, EPA estimates that it would require an additional 
$88.5 billion in capital improvements to reduce the frequency of SSOs 
caused by wet weather and other conditions.
  Upon being elected Chairman of the Committee on Transportation and 
Infrastructure, I made it a priority to renew the Federal commitment in 
addressing the nation's wastewater infrastructure needs.
  In March 2007, the House approved two bills reported from the 
Committee on Transportation and Infrastructure--H.R. 720, the ``Water 
Quality Financing Act'', and H.R. 569, the ``Water Quality Investment 
Act''--to reauthorize appropriations for the construction, repair, and 
rehabilitation of wastewater infrastructure, including measures to 
address CSOs and SSOs.
  H.R. 720 authorizes appropriations of $14 billion over four years for 
the Clean Water State Revolving Fund, which is the primary source of 
Federal funds for wastewater infrastructure. H.R. 569 authorizes 
appropriations of $1.7 billion in Federal grants over 5 years to 
address combined sewers and sanitary sewers. Both bills are pending 
before the United States Senate.
  However, even with significant increases in Federal, State, and local 
investment, it is likely that sewer overflows will continue. In the 
event that a release does occur, the most effective way to prevent 
illness is to provide timely and adequate public notice to minimize 
human exposure to pollutants.
  H.R. 2452, the ``Sewage Overflow Community Right-to-Know Act'', 
amends the Clean Water Act to provide a uniform, national standard for 
monitoring, reporting, and public notification of sewer overflows. This 
legislation, which was approved by the Committee on Transportation and 
Infrastructure by voice vote, will strengthen the monitoring and public 
notification requirements of the Clean Water Act to encourage increased 
awareness and public notification of overflows in an expeditious 
manner.
  The bill under consideration this afternoon is a slightly modified 
version of this legislation as reported by the Committee. The bill, as 
amended, makes a few technical and clarifying changes to the bill, as 
well as addresses a few transitional issues on the implementation of 
this Act.
  The framework of this amendment was developed jointly by the majority 
and minority Members of the Committee, it consultation with the 
National Association of Clean Water Agencies, the Water Environment 
Federation, the California Association of Sanitation Agencies, and 
American Rivers. I appreciate the hard work by all parties to help move 
this common-sense legislation to increase public awareness of combined 
sewer overflows and sanitary sewer overflows.
  Again, I applaud Mr. Bishop for introducing this common-sense 
legislation to ensure that our citizens are made aware of the potential 
public health threats caused by sewer overflows. I urge my colleagues 
to join me in supporting H.R. 2452.
  Mr. BISHOP of New York. Madam Speaker, on behalf of the residents of 
eastern Long Island, I would like to commend Chairman Oberstar, 
Chairwoman Johnson and Congressman LoBiondo for their leadership and 
unwavering dedication to clean water issues. I would also like to thank 
the Transportation and Infrastructure Committee staff for their hard 
work and commitment to advancing this legislation to the full House 
today.
  Madam Speaker, the EPA estimates that sewer overflows discharge 
roughly 850 billion gallons of raw or partially treated sewage annually 
into local waters. These discharges, laden with potentially harmful 
chemicals and pathogens, often end up in local rivers, lakes, streams, 
and the ocean.
  In response, the Transportation & Infrastructure Committee has taken 
appropriate measures to restore the federal commitment to our Nation's 
wastewater infrastructure. In the 110th Congress, we have passed the 
Water Quality Financing Act, authorizing funds for the State Revolving 
Fund; and the Beach Protection Act, to carry out coastal recreation 
water quality monitoring and notification programs. Today, we take our 
commitment to water quality one step further by passing the Sewage 
Overflow Community Right-to-know Act.
  As the saying goes, an ounce of prevention is worth a pound of cure: 
The best way to avoid human health and environmental concerns from 
sewer overflows is to ensure that they never occur in the first place. 
However, even with significant increases in investment, sewer overflows 
will continue to occur. Therefore, it is imperative that we provide the 
public with comprehensive and timely notification of sewer overflows. 
We need to make sure that the public is aware of sewer overflows to 
give communities the opportunity to protect themselves.
  It makes no sense for operators of local sewer systems to know where 
and when overflows are occurring, but not to promptly notify the 
public. Notification of sewer overflows will help the public avoid 
direct contact with potentially harmful chemicals and pathogens, and it 
will facilitate rapid response to overflows in order to minimize the 
potential harm to the environment.
  Accordingly, the Bishop/LoBiondo Sewage Overflow Community Right-to-
know Act provides for the monitoring, reporting and public notification 
of sewer overflows from Publicly Owned Treatment Works by requiring 
POTWs to institute and utilize programs to alert operators to 
overflows, notify the public within 24 hours of discovery of an 
overflow by an operator, and notify public health officials when human 
health is endangered.
  The bill requires the Environmental Protection Agency establish 
criteria to guide POTWs in assessing whether a sewer overflow has the 
potential to affect human health and developing communication measures 
to ensure the public is notified. The bill also establishes a process 
for EPA to determine if a State's existing notification program is 
substantially

[[Page 13359]]

equivalent to, or better than, the requirements established in this 
bill, and should be allowed to continue.
  This bill is a result of hard work by several organizations who 
believe that Americans deserve clean, safe waters. Without their many 
insights this legislation would not have been possible. Therefore, I 
would like to thank American Rivers, the National Association of Clean 
Water Agencies, the Water Environment Federation, and the California 
Association of Sanitation Agencies for the countless hours they have 
given to refine the bill's language to ensure that public health and 
the environment are protected.
  Madam Speaker, I encourage my colleagues to vote in favor of this 
commonsense legislation, and I again thank my friend and colleague, Mr. 
LoBiondo, for his leadership and support in authoring the bill.
  Mr. LoBIONDO. Madam Speaker, I rise in strong support of H.R. 2452, 
the Sewage Overflow Right-to-Know Act.
  Last year, nearly 250,000 gallons of partially treated sewage leaked 
from the Asbury Park, New Jersey, sewer treatment plant into the 
Atlantic Ocean threatening beach goers for miles down the shore. It was 
the result of a broken pipe that went undetected for over 6 hours. 
Fortunately, no one got sick and the environment did not suffer any 
long term consequences. But that is not always the case.
  The EPA estimates approximately 900 billion gallons of untreated 
sewage enter our waterways each year, sickening nearly 3.5 million 
people annually.
  That is why I was pleased to join with Representative Bishop to 
introduce H.R. 2452, the Sewage Overflow Community Right-to-Know Act. 
This commonsense legislation will help keep the public safe from 
waterborne illness by requiring sewer operators to put in place 
monitoring systems to detect overflows and to promptly notify the 
public in the event of an overflow. While some States and localities 
have strong notification programs in place already, the majority do 
not. Establishing a minimum standard for public notification is the 
right thing to do.
  H.R. 2452 makes sewer operators eligible for existing grant funds and 
loans to help defer the cost of implementing monitoring and 
notification programs, and it provides flexibility to States that 
already have these critical programs in place.
  I want to thank the National Association of Clean Water Agencies and 
American Rivers for working with Chairman Oberstar and Ranking Member 
Mica to make improvements to this legislation. The bill before us today 
represents a good compromise between all interested parties.
  I want to thank Chairman Oberstar, Ranking Member Mica, Chairwoman 
Johnson, and Ranking Member Boozman for their assistance and support. I 
also want to thank Jon Pawlow on Mr. Mica's Staff, Ryan Seiger on Mr. 
Oberstar's staff, and Mark Copeland on Mr. Bishop's staff for their 
tremendous effort. I urge all members to support this common-sense 
measure.
  Mrs. TAUSCHER. Madam Speaker, I rise in support of H.R. 2452, the Raw 
Sewage Overflow Community Right-to-Know Act. Sewer overflows present 
serious threats to the environment and to human health. Our crumbling 
wastewater infrastructure has resulted in an increasing number of 
sewage spills, most commonly through combined sewer overflows and 
sanitary sewer overflows.
  As this Congress works to reauthorize the Clean Water State Revolving 
Fund and improve our wastewater infrastructure, it is essential that 
our constituents receive prompt notification when a spill occurs. H.R. 
2452 provides a national Standard for such notification and permits the 
use of Clean Water State Revolving funds for publically-owned treatment 
works to monitor their infrastructure for spills.
  In California, we have an existing notification process that is the 
most aggressive in the Nation. I applaud Chairman Oberstar and his 
staff for recognizing the existence of State notification programs and 
ensuring that duplication of State and Federal standards does not 
overburden local sanitation officials. In this bill, States like 
California may operate their own notification program if the EPA 
certifies that it is substantially equivalent to the Federal program.
  I would like to include a letter from the California Association of 
Sanitation Agencies that expresses full support for H.R. 2452. I 
commend Mr. Bishop and Mr. Oberstar for their hard work on this 
legislation, and urge my colleagues to support the Raw Sewage Overflow 
Community Right-to-Know Act.

                                         California Association of


                                          Sanitation agencies,

                                    Sacramento, CA, June 23, 2008.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         U.S. House of Representatives, Washington, DC.
     Hon. John Mica,
     Ranking Republican, Committee on Transportation and 
         Infrastructure, U.S. House of Representatives, 
         Washington, DC.
       Dear Chairman Oberstar and Ranking Member Mica: On behalf 
     of the California Association of Sanitation Agencies (CASA), 
     I write in support of H.R. 2452, which would address the 
     important issue of reporting and notification for sewer 
     overflows. This legislation represents the culmination of a 
     collaborative approach involving wastewater treatment 
     operators and the environmental community. We appreciate the 
     committee's willingness to address CASA's concerns.
       CASA understands that the legislation has been amended to 
     address one of our major concerns, which relates to 
     longstanding California requirements for notification of 
     regulatory authorities and the public in the event of a sewer 
     spill that threatens public health or the environment. 
     Specifically, the amendment provides a delegation process so 
     that existing state notification programs designed to inform- 
     the public of health threats emanating from sewer overflows 
     will not be supplanted, provided EPA determines that the 
     programs are substantially equivalent to the federal program. 
     This is vital to avoid inefficient and potentially confusing 
     duplication of effort. Further, this amendment will allow 
     POTWs to target their limited resources to fulfilling their 
     responsibilities as first responders when spills occur. 
     Second, we understand that the committee report clarifies 
     that satellite collection systems are not subject to the 
     provisions of the bill. This is important because many 
     regional POTWs do not manage these upstream systems, and have 
     no authority for spills that occur from facilities outside 
     their jurisdiction.
       There is one provision in the amended bill that has given 
     rise to a new concern. This new provision is designed to 
     ensure that the notification provisions of the bill will be 
     implemented in a timely matter. However, as written, there is 
     no mechanism for informing permittees of their new, fully 
     enforceable obligations, which appears to be at odds with 
     basic due process rights. We hope that as Congress considers 
     the bill that this matter can be further reviewed and 
     addressed prior to final passage.
       Again, we appreciate the opportunity to work with the 
     committee on this important legislation.
           Sincerely,
                                                     Kamil Azoury,
                                                        President.

  Mrs. DRAKE. Madam Speaker, I yield back the balance of my time.
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I have no further 
requests for time, and I ask for support of this bill.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Texas (Ms. Eddie Bernice Johnson) that the House 
suspend the rules and pass the bill, H.R. 2452, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to amend the Federal 
Water Pollution Control Act to ensure that publicly owned treatment 
works monitor for and report sewer overflows, and for other 
purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________