NOR'WESTER NEWSLETTER ISSUE #318                                                

masthead

January 15, 2009
In This Issue:
House Appropriations Chairman introduces stimulus bill
NPDES Vessel Permit challenged before enforcement begins
Register for PNWA's 75th Annual Mission to Washington, DC
House Appropriations Chairman introduces stimulus bill

Today, Congressman Dave Obey (D, WI-7) unveiled details of the "American Recovery and Reinvestment Bill of 2009", an $825B stimulus package which is intended to help stabilize the economy and restore public confidence.

"The economy is in a crisis not seen since the Great Depression. Credit is frozen, consumer purchasing power is in decline, in the last four months the country has lost 2 million jobs and we are expected to lose another 3 to 5 million in the next year,'" Obey noted.  The Chairman added that Congress will be considering the bill in the next two weeks, which includes $275 billion in tax cuts and $550 billion in infrastructure and other investments.
Following are the highlights of the bill:
  • Clean, Efficient, American Energy
  • Transforming our Economy with Science and Technology, including expanding Broadband Infrastructure for rural and underserved communities
  • Modernizing Roads, Bridges, Transit and Waterways
  • Education for the 21st Century
  • Tax Cuts to Make Work Pay and Create Jobs
  • Lowering Healthcare Costs
  • Helping Workers Hurt by the Economy
  • Saving Public Sector Jobs and Protect Vital Services
 
Funding is proposed for the U.S. Army Corps of Engineers.  $2B has been included for Corps construction projects, and $2.225B has been included for operations & maintenance.  Additionally, $25M has been added for Corps regulatory activities.  A total of $4.5B has been included for the Corps of Engineers.
 
PNWA's membership strongly supports this proposed increase for Corps, given the significant underfunding of federal navigation projects nationwide and here in the Northwest.  We look forward to quick action in the House and Senate to move a package, so that the President may sign this much-needed stimulus into law in the next month.
 
PNWA staff contact: Kristin Meira
 
NPDES Vessel Permit challenged before enforcement begins

Vessels operating in the waters of the U.S. will be required to comply with EPA's NPDES Vessel General Permit (VGP) beginning February 6. The VGP applies to all U.S. and foreign flagged vessels except recreational vessels. It covers 26 discharges incidental to the normal operation of vessels.
 
While the following may sound daunting, vessel operators were pleased that Oregon withdrew what EPA interpreted as a denial of the permit and the deadline for enforcement was extended. We anticipate that vessel operations will continue without interruption after enforcement begins, despite uncertainty about how enforcement will evolve over time.
                
Provisions of the Permit. Vessel operators must use Best Management Practices (BMPs), although some BMPs are not clearly described and continually changing. Operators must document and be prepared to defend their compliance.
 
(The content of the next two paragraphs was not changed, but it was reorganized.) The permit requires that noncompliance be reported to EPA by the operator. Enforcement can come from EPA or the states. One of the concerns is that enforcement may also come from private citizens or citizen groups. As with other Clean Water Act provisions, the law gives citizens and groups the power to enforce the law when they believe the federal government has not done so.
 
Civil penalties may be up to $37,000 per day per occurrence. Negligent violations may also include criminal penalties such as fines or imprisonment. Challenges from citizens, if they prevail, also may result in the same fines or jail time plus payment of legal fees to the plaintiffs. Further, citizen suits can prevail without needing to prove intent, negligence or actual injury or environmental damage.
 
Ballast Water.  One of the 26 discharges covered is ballast water. The permit requires that ballast water be exchanged at least 200 miles offshore to prevent the introduction of invasive species. More work is expected on ballast water requirements. House Committee on Transportation and Infrastructure Committee Chair James Oberstar has said he wants to update ballast water legislation during the 2009 session of Congress.
 
Lawsuit Filed.  Environmental groups are not satisfied. Northwest Environmental Advocates, People for Puget Sound and the Center for Biological Diversity filed a lawsuit January 12 challenging the VGP permit. Their press release says they are doing so "because it allows ships to discharge untreated ballast water..." They claim that exchanging ballast water in the open ocean is not sufficient to protect against invasive species. They want all ballast water to be treated at shore side facilities.  
 
PNWA will keep you posted on implementation issues, Congressional activity on ballast water and progress on the lawsuit.
 
PNWA contact: Glenn Vanselow
 
 

Make your plans today for the PNWA's 75th Annual Mission to Washington, DC.  A list of featured speakers and topics is now available on our website, www.pnwa.net. 

 

Click here to register today!