[Senate Report 106-485]
[From the U.S. Government Publishing Office]
Calendar No. 934
106th Congress Report
SENATE
2d Session 106-485
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WATER POLLUTION PROGRAM ENHANCEMENTS ACT OF 2000
_______
October 4 (legislative day, September 22), 2000.--Ordered to be printed
_______
Mr. Smith of New Hampshire, from the Committee on Environment and
Public Works, submitted the following
R E P O R T
[to accompany S. 2417]
The Committee on Environment and Public Works, to which was
referred a bill (S. 2417) to amend the Federal Water Pollution
Control Act to increase funding for State nonpoint source
pollution control programs, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
General Statement and Background
The Federal Water Pollution Control Act of 1972 (``Clean
Water Act'') was enacted ``to restore and maintain the
chemical, physical and biological integrity of the Nation's
waters.'' To accomplish this objective, the Clean Water Act
depends upon cooperative efforts by Federal, state, tribal and
local governments to implement the pollution control programs
established under the Act. The success of the Clean Water Act
depends greatly on adequate funding of grant and loan programs,
sufficient personnel, and accurate scientific data. While there
is broad consensus that up to this point, the Act has been
largely successful, there is clear need for additional funding
and scientific data, particularly with respect to nonpoint
source pollution. S. 2417 addresses these needs.
The Clean Water Act divides the sources of pollution into
two categories: point sources and nonpoint sources. Point
sources are discrete conveyances, such as pipes or other man
made conveyances. The Clean Water Act requires each point
source discharging pollutants into the waters of the United
States to obtain a National Pollutant Discharge Elimination
System (NPDES) permit. The purpose of the NPDES program is to
protect human health and the environment. To accomplish this
goal, NPDES permits contain limitations on discharges in order
to meet the State water quality standards. The Clean Water Act
requires states to set standards for the levels of quality that
are needed for bodies of water in order to support their
intended use.
In general, States are responsible for issuing NPDES
permits. The Environmental Protection Agency (EPA) issues
permits in only seven States which have not received delegated
authority for the permit program. Currently, there is a
substantial backlog of expired NPDES permits issued by both the
States and EPA, that have not been reissued. The States use
grants authorized by Section 106 of the Clean Water Act for
administering state water quality programs to establish and
implement their permit program. States identify a lack of
economic resources and staff as a significant reason for their
inability to keep up with the requirements and duties under the
permit program.
Nonpoint source pollution, unlike pollutants from point
sources, comes from diffuse sources. It is caused by rainfall
or snow melt moving over and through the ground. States
currently address nonpoint source pollution under the Clean
Water Act and other Federal and state laws. Unlike point
sources, the impacts of nonpoint source programs are difficult
to measure because of their diffuse characteristics. Nonpoint
sources of pollution are also controlled by a number of
programs. Section 319 of the Clean Water Act provides grants to
States to support a wide variety of activities including
technical assistance, financial assistance education,
technology transfer, demonstration projects and monitoring for
specific nonpoint source implementation projects. The United
States Department of Agriculture (USDA) programs, such as the
Buffer Initiative, Wetlands Reserve Program and the
Environmental Quality Incentive Program also address nonpoint
source problems. In many situations, the USDA and EPA programs
work together in an attempt to control nonpoint source
pollution. However, a comprehensive examination of the programs
and practices currently being used to control nonpoint sources,
and their success or failure, is needed. While great strides
have been made under all these programs, there is still a need
for increased funding, more data, and experienced staff to
implement the programs.
State regulators have multiple ways to examine the waters
in their state to determine the success, or failure, of
environmental programs. States are required to monitor and
assess the status of all waters every 2 years under section
305(b) of the Clean Water Act, and report to Congress a summary
of their findings as part of this process. States compare
monitoring data, or other information, with water quality
standards to determine if their waters are meeting the
standards. The States have not assessed all their waters. In
fact, in the 1998 305(b) Report to Congress, States reported to
have assessed only 23 percent of rivers, 42 percent of lakes
and 32 percent of the estuaries in the United States. States
have been increasing the amount of assessed waters since the
enactment of this section, however, progress has been limited
due to insufficient funding and staff.
The Clean Water Act requires States to establish a separate
list of waters not meeting the State water quality standards
under section 303(d). The list prioritizes waters taking into
account the severity of the pollution and the uses of the
waters. The Clean Water Act then requires states to develop
Total Maximum Daily Loads (TMDLs) for those waters on the
303(d) list. A TMDL is a calculation of the maximum amount of a
pollutant that a water body can receive and still meet water
quality standards. From that total amount, States then allocate
specific pollutant limitations or ``budgets'' to each source of
the pollutant on an impaired water. The TMDL program has not
been implemented consistently from State to State.
States ability to access their waters under section 305(b)
and to list impaired waters under section 303(d) is dependent
upon comprehensive and accurate monitoring data, economic
resources, and staff. Unfortunately, States currently do not
have comprehensive monitoring data for their waters. A
significant cause for this is lack of sufficient funding.
Objectives of This Legislation
The Water Pollution Program Enhancements Act of 2000 will
make several significant changes to improve the success of the
Clean Water Act.
First, S. 2417 will increase the funding to the Clean Water
Act nonpoint source grant program, section 319. This will
provide States with a much needed increase in economic
resources. These grants will be provided to States to assist
landowners in developing and implementing nonpoint source
pollution control projects. This should have an immediate
impact on state nonpoint source programs.
Second, S. 2417 will increase the funding to the Clean
Water Act point source grant program, section 106. These funds
will be used for water quality monitoring, preparing TMDLs and
developing watershed strategies. The increase in data that
results from this monitoring will greatly benefit all of the
Clean Water Act programs.
Finally, S. 2417 will require two studies to be provided to
the Congress. These studies will provide a comprehensive
analysis of the wide range of programs being used to protect
water quality and their costs and benefits. The studies will
examine programs under the Clean Water Act and other state and
Federal water quality related programs.
S. 2417 will have an immediate and long lasting impact on
the success of the Clean Water Act. It will greatly benefit
both policymakers and those regulators currently implementing
water quality programs.
Section-By-Section Analysis
Section 1. Short Title
Section 1 designates the bill as the ``Water Pollution
Program Enhancement Act of 2000.''
Sec. 2. Definitions
Section 2 definines ``Administrator,'' ``NAPA Study,'' and
``NAS Study.''
Sec. 3. Funding For Water Pollution Control Measures
Section 3 amends section 106(a) of the Clean Water Act to
increase the authorization from the existing level of
$75,000,000 to $250,000,000 for each of the fiscal years 2001
through 2007. Of that amount, $50,000,000 shall be made
available for monitoring, improving the listing process under
303(d), preparing of TMDLs and developing watershed management
strategies.
This increase, if funded, would have an immediate impact on
States' water quality programs. It would greatly improve the
States' ability to implement the NPDES permit program, collect
reliable data, improve the listing process under section
303(d), and develop TMDLs.
Section 319(j) is amended to from the eauthorize
$500,000,000 for each of the fiscal years 2001 through 2007.
The current authorized level for section 319 is $130,000,000.
Of the amount authorized under Section 319(j), not more than
$7,500,000 may be made available to carry out groundwater
quality projects under 319(i). Section 319(j)(3) requires
$200,000,000 of the $500,000,000 authorized under this section,
to be made available to the States for grants to landowners to
develop and implement nonpoint source pollution control
activities and projects to accomplish the goals of the Clean
Water Act. The State will prioritize the use of these funds.
The Federal share of the costs of these projects shall not
exceed 90 percent. These funds cannot be used to accomplish
activities required under Federal or State law. This
restriction is intended only to ensure that recipients cannot
use these funds to comply with permit requirements or other
legal restrictions, such as those imposed under section 9 of
the Endangered Species Act. Grant recipients may use other
Federal programs and eligible in-kind contributions to satisfy
the non- Federal share.
The State nonpoint source programs will greatly benefit by
these additional funds. Additional resources will allow States
to fund a broad range of projects to control nonpoint source
pollution, resulting in real, on the ground improvements. It
will also substantially increase states ability to gather
complete and accurate scientific data in order to make accurate
conclusions about their water quality.
Sec. 4. Reports to Congress
Section 4 requires the Administrator of the Environmental
Protection Agency, no later than 18 months after enactment of
this Act, to submit two reports to the Congress.
The first report is to be conducted by the National Academy
of Sciences (NAS) to study the scientific basis underlying the
development and implementation of the total maximum daily loads
under the Clean Water Act Section 303(d). The study should also
examine the availability and effectiveness of alternative
programs or mechanisms in producing quantafiable reductions of
pollution from point and nonpoint sources. The Congress
authorizes $2,000,000 to carry out this study.
The NAS study will provide the Congress with a
comprehensive examination of the current status of the TMDL
program from a scientific perspective. States are using various
programs and methods to accomplish the goals of the Clean Water
Act, and this study should provide an analysis of those
programs. This will not only greatly benefit the Congress, but
other States that may learn of more effective programs to
control pollution.
The second report is to be conducted by the National
Academy of Public Administrators (NAPA) to examine the
effectiveness of existing voluntary and other programs being
implemented in producing quantifiable reductions in pollution
from point and nonpoint sources in order to attain water
quality standards. The study will also analyze the costs and
benefits associated with these programs. The Congress
authorizes $3,000,000 to carry out this study.
There is a great need to have information not only on the
universe of programs that exist to reduce pollution from point
and nonpoint sources, but also on the costs and benefits
associated with those programs. This data will be extremely
beneficial for both State and Federal policymakers as they
evaluate the most cost effective ways to reduce pollution.
Regulatory Impact
Section 11(b) of rule XXVI of the Standing Rules of the
Senate requires publication in the report the committee's
estimate of the regulatory impact made by the bill as reported.
No regulatory impact is expected by the passage of this bill.
The bill will not affect the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(P.L. 104-4), the committee makes the following evaluation of
the Federal mandates contained in the reported bill: S. 2417
imposes no Federal intergovernmental mandates on State, local
or tribal governments.
Legislative History
On April 13, 2000, Senator Michael D. Crapo introduced S.
2417, a bill to amend the Federal Water Pollution Control Act
to increase funding for State nonpoint source pollution control
programs, and for other purposes. On May 18, 2000, the
Committee on the Environment and Public Works Subcommittee on
Fisheries, Wildlife, and Drinking Water held a hearing on the
``Water Pollution Program Enhancement Act of 2000.'' On July
26, 2000, the Committee on the Environment and Public Works
held a business meeting to consider S. 2417 and it was
favorably reported by the committee by voice vote.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 14, 2000.
Hon. Robert C. Smith, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has prepared
the enclosed cost estimate for S. 2417, the Water Pollution
Program Enhancements Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman, who can be reached at 226-2860.
Sincerely,
Dan L. Crippen.
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Congressional Budget Office Cost Estimate
S. 2417, Water Pollution Program Enhancements Act of 2000, as ordered
reported by the Senate Committee on Environment and Public
Works on July 26, 2000
Summary
S. 2417 would authorize the appropriation of $750 million
for each of fiscal years 2001 through 2007 for the
Environmental Protection Agency (EPA) to continue activities
associated with the prevention, reduction, and elimination of
water pollutants and nonpoint source water pollution. The bill
also would authorize a one-time appropriation of $3 million for
the National Academy of Sciences (NAS) to study the total
maximum daily load program, and a one-time appropriation of $2
million for the National Academy of Public Administrators
(NAPA) to study State and local government programs for
reducing water pollution.
CBO estimates that implementing this legislation would cost
almost $2 billion over the next 5 years, assuming appropriation
of the authorized amounts. The bill would not affect direct
spending or receipts; therefore, pay-as-you-go procedures would
not apply.
S.2417 contains no intergovernmental or private sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no other costs on State, local, or tribal
governments.
Estimated Cost to the Federal Government
The estimated budgetary impact of S.2417 is shown in the
following table. The costs of this legislation fall within
budget function 300 (natural resources and the environment).
For the purpose of this estimate, CBO assumes that S. 2417 will
be enacted near the start of fiscal year 2001 and that the full
amounts authorized by the bill will be appropriated for each
fiscal year. Outlay estimates are based on historical spending
patterns for this program.
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2000 2001 2002 2003 2004 2005
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SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Budget Authority a.......................................... 316 0 0 0 0 0
Estimated Outlays........................................... 205 230 220 142 47 0
Proposed Changes................................................ 205 230 220 142 47 0
Water Pollution Programs:
Authorization Level..................................... 0 750 750 750 750 750
Estimated Outlays....................................... 0 38 150 375 600 713
NAS and NAPA Studies:
Authorization Level..................................... 0 5 0 0 0 0
Estimated Outlays....................................... 0 3 2 0 0 0
Spending Under S. 2417:
Authorization Levela........................................ 316 755 750 750 750 750
Estimated Outlays........................................... 205 271 372 517 647 713
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a The 2000 level includes the amount appropriated for that year for the water pollution control programs that S.
2417 would reauthorize.
Pay-As-You-Go Considerations: None.
Intergovernmental and Private-Sector Impact
S. 2417 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no other costs on
State, local, or tribal governments. The bill would authorize
$750 million annually from 2001 through 2007 for grants to
States and interstate agencies to implement programs to control
water pollution, including managing nonpoint sources of
pollution.
Estimate prepared by: Federal Costs: Susanne S. Mehlman (226-
2860) Impact on State, Local, and Tribal Governments: Victoria
Held Hall (225-3220) Impact on the Private Sector: Lauren Marks
(226-2940)
Estimate approved by: Peter H. Fontaine Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
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Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.)
[As Amended Through P.L. 105-394, November 13, 1998]
AN ACT To provide for water pollution control activities in the Public
Health Service of the Federal Security Agency and in the Federal Works
Agency, and for other purposes.
* * * * * * *
grants for pollution control programs
Sec. 106. [(a) There are hereby authorized to be
appropriated the following sums, to remain available until
expended, to carry out the purposes of this section--
[(1) $60,000,000 for the fiscal year ending June
30, 1973; and
[(2) $75,000,000 for the fiscal year ending June
30, 1974, and the fiscal year ending June 30, 1975,
$100,000,000 per fiscal year for the fiscal years 1977,
1978, 1979, and 1980, $75,000,000 per fiscal year for
the fiscal years 1981 and 1982, such sums as may be
necessary for fiscal years 1983 through 1985, and
$75,000,000 per fiscal year for each of the fiscal
years 1986 through 1990;
[for grants to States and to interstate agencies to assist them
in administering programs for the prevention, reduction, and
elimination of pollution, including enforcement directly or
through appropriate State law enforcement officers or
agencies.]
(a) Funding.--
(1) In general.--There are authorized to be
appropriated $250,000,000 for each of fiscal years 2001
through 2007, to remain available until expended, for
grants to States and interstate agencies to be used in
carrying out this section, including--
(A) the administration of programs for the
prevention, reduction, and elimination of
pollutants; and
(B) enforcement carried out directly or
through appropriate State law enforcement
officers and agencies.
(2) State activities.--Of the amount authorized
under paragraph (1) for any fiscal year, $50,000,000
shall be made available to States for--
(A) the collection of reliable monitoring
data;
(B) the improvement of lists prepared under
section 303(d)(1);
(C) the preparation of total maximum daily
load allocations under section 303(d); and
(D) the development of watershed management
strategies.
* * * * * * *
SEC. 319. NONPOINT SOURCE MANAGEMENT PROGRAMS.
(a) State Assessment Reports.--
* * * * * * *
[(j) Authorization of Appropriations.--There is
authorized to be appropriated to carry out subsections (h) and
(i) not to exceed $70,000,000 for fiscal year 1988,
$100,000,000 per fiscal year for each of fiscal years 1989 and
1990, and $130,000,000 for fiscal year 1991; except that for
each of such fiscal years not to exceed $7,500,000 may be made
available to carry out subsection (i). Sums appropriated
pursuant to this subsection shall remain available until
expended.]
(j) Authorization of Appropriations.--
(1) In general.--Subject to paragraphs (2) and (3),
there is authorized to be appropriated to carry out
subsections (h) and (i) $500,000,000 for each of fiscal
years 2001 through 2007, to remain available until
expended.
(2) Groundwater quality.--Of the amount authorized
under paragraph (1) for any fiscal year, not more than
$7,500,000 may be made available to carry out
subsection (i).
(3) Project grants.--
(A) In general.--Of the amount authorized
under paragraph (1) for any fiscal year,
$200,000,000 shall be made available to States
to provide grants to landowners to develop and
implement nonpoint source pollution control
projects or activities to restore or improve
the water quality of impaired water that has
been identified by a State as a priority for
restoration.
(B) Cost sharing.--
(i) Federal share.--The Federal
share of the costs of any project or
activity funded under this paragraph
shall not exceed 90 percent.
(ii) Non-federal share.--The
recipient of a grant under this
paragraph may use funds from other
Federal programs and eligible in-kind
contributions to satisfy the non-
Federal share.
(C) Limitation.--Grants under this
paragraph shall not be made available for
projects or activities that are required to be
carried out under Federal or State law.
* * * * * * *