Water Quality Issues in the 110th Congress: Oversight and Implementation Page: 23 of 24
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CRS-20
Finally, concerns have been expressed about a court ruling on regulation of
ballast water, which is used by tankers, bulk cargo carriers, and cruise ships to
stabilize vessels during transport. Ballast water is often taken on in the coastal
waters of one region and discharged at the next port of call, as cargo is off-loaded or
added. Clean Water Act rules currently exempt ballast water discharges from CWA
permit requirements. Because of the growing problem of the introduction of invasive
species into U.S. waters via ballast waters, environmental groups sued EPA to force
the agency to rescind the regulatory exemption. In March 2005, a federal district
court ruled in favor of the groups, and in September 2006, the court remanded the
matter to EPA with an order that the challenged regulation be set aside by September
30, 2008, and requiring the agency to issue CWA permits after that date (Northwest
Environmental Advocates v. EPA, No. C 03-05760 SI (N.D.Cal, Sept. 18, 2006)).
Significantly, the court's ruling applies fully to all types of vessel discharges that are
covered by the regulatory exemption, including sewage, gray water, and bilge water.
EPA and the shipping industry have appealed the ruling; some observers argue that
legislative clarification of this issue is needed, because an appeal might not be
resolved before the deadline mandated by the district court.
Continuing Issue: Appropriations
Although the 1987 Clean Water Act amendments dealt extensively with
financial aid issues, funding questions have continued to arise and be addressed in
the context of appropriations.25
FY2007. The President's FY2007 budget requested $687.6 million for clean
water State Revolving Fund capitalization grants, 22% less than in FY2006 and 37%
below the FY2005 funding level. As in recent budgets, the Administration proposed
no funding for congressionally designated water infrastructure grants, but it did seek
a total of $40.6 million for Administration priority projects in Puerto Rico, Alaska
Native Villages, and at the U.S.-Mexico border. Advocates of the SRF program
(especially state and local government officials) contended that the cuts will impair
their ability to carry out needed municipal wastewater treatment plant improvement
projects. Administration officials said that cuts for the SRF in FY2007 were
necessary because Congress boosted funds above the requested level in FY2005 and
2006. A group of state officials contended that the budget unfairly targeted state and
local environmental grants.
On May 18, 2006, the House passed H.R. 5386 (H.Rept. 109-465), providing
the requested level of $687.6 million for clean water SRF grants. The Senate
Appropriations Committee approved the same funding level for clean water SRF
grants when it reported H.R. 5386 on June 29 (S.Rept. 109-275). However, the
Senate did not act on this bill before the 109th Congress adjourned in December 2006,
24 (...continued)
Laws Complementary or In Conflict? by Claudia Copeland.
25 For additional information, see CRS Report 96-647, Water Infrastructure Financing:
History of EPA Appropriations, by Claudia Copeland.
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Copeland, Claudia. Water Quality Issues in the 110th Congress: Oversight and Implementation, report, March 5, 2007; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc806127/m1/23/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.