Clean Water Act

The Obama Administration released a national Clean Water Framework this week, which was accompanied by the release of a draft guidance document from the US EPA and Army Corps of Engineers that updates Federal guidance regarding where the Clean Water Act (CWA) applies nationwide. The new framework has the potential to expand regulators’ ability to oversee wetlands and other marginal waters compared to earlier guidance prepared by the Bush administration. Specifically, the administration’s guidance document seeks to clarify exactly which waterways, water bodies and wetlands are covered by the CWA. The proposal would expand the number of aquatic areas subject to CWA regulation. 
The draft guidance is now open for 60 days of public comment, and can be viewed here. 

Delta

The Delta Stewardship Council: The Delta Plan

The third draft of the Delta Stewardship’s Council Delta Plan was released on April 22, 2011. This draft connects initial findings made in the previous versions to additional recommendations from the second draft. A first staff draft was released in February, a second last month, and a fourth will be posted in mid-May before an official public review draft Delta Plan and an Environmental Impact Report are released in June, 2011. Following a 45-day review period, additional drafts and comment periods will extend through the fall before the Council’s expected adoption of a final Delta Plan in November, 2011. To view a copy of the draft, view the Delta Stewardship Council’s website: http://deltacouncil.ca.gov/.

Solid Waste

AB 1178 (Ma) – Request for Comments
As Amended April 4, 2011

AB 1178, by Assembly Member Ma, passed out of the Assembly Natural Resources Committee this week. This bill would prohibit a city, county, or local agency from restricting or limiting in any way the importation of solid waste based on the place of origin. The bill makes several findings and declarations, including that “restrictions on the disposal of solid waste that discriminate on the basis of place of origin of the waste are an obstacle to, and conflict with, statewide and regional policies to ensure adequate and appropriate capacity for solid waste disposal.” The author has indicated that she will accept amendments exempting publically owned and operated landfills from these restrictions, therefore making the bill applicable only to privately owned landfills. Amendments are not yet in print. This bill has been referred to the Assembly Appropriations Committee. 

AB 34 (Williams) – Request for Comments
As Amended April 14, 2011

AB 34, by Assembly Member Williams, would require Cal Recycle to develop, by July 1, 2012, a guidance document to assist enforcement agencies in the adoption of site-specific odor performance thresholds for compost facilities. The bill also creates a process for the enforcement of performance standards. This bill will be heard on May 2, 2011 in the Assembly Natural Resources Committee. 

Water Quality

SB 482 (Kehoe) – Request for Comments
As Amended April 25, 2011

SB 482, by Senator Christine Kehoe, would transfers beach water quality monitoring and reporting requirements from the California Department of Public Health (CDPH) to the State Water Resources Control Board (SWRCB). Specifically, the bill would modify the beach water quality monitoring program, also known as the AB 411 program, with the goal of finding a sustainable funding source. The intent is to have Municipal Separate Storm Sewer System (MS4) and Publically Owned Treatment Works (POTW) permittees do or pay for all of the monitoring. The bill would also expand the weekly monitoring requirements to year-round (instead of April – Oct). This bill will be heard in the Senate Environmental Quality Committee on May 2, 2011.