Government Relations

Senate Subcommittee Holds Hearing on Pharmaceuticals in Water

The Senate Committee on Environment and Public Works Subcommittee on Water Quality chaired by Senator Frank Lautenberg (D-N.J.) held a hearing on pharmaceuticals in our nation’s water. At the hearing, the Environmental Protection Agency (EPA) received some criticism for its perceived lack of initiative in listing contaminants under the Safe Drinking Water Act directives and for its proposed budget cuts to the clean water state revolving fund.

Substantively, there were several competing ideas as to what should be done about pharmaceuticals. The EPA reiterated its commitment to following a “four-pronged plan to deal with emerging contaminants: a focus on scientific research; communicating any risks to the public; partnering with the pharmaceutical industry and local, state and federal agencies; and establishing regulations.”

Barbara Boxer, Chairman of the full Committee, demanded that the EPA accelerate the testing process for pharmaceuticals, develop rules and programs for safe disposal, and ask water companies to test their water for pharmaceuticals — voluntarily — and publicize the results. Likewise, several Senators and witnesses expressed discontent that any contaminants — regulated or unregulated — should be in drinking water.

Witnesses from the U.S. Geological Survey and the American Water Works Association testified that it would be “highly unrealistic” to test for every chemical in the environment — stressing that there is a need for prudence in mandated testing. Additionally, they tried to illuminate the fact that even if utilities were to test for pharmaceuticals, they would not know the meaning of the tests.

There was a reoccurring suggestion that involved forming a partnership at various levels of the government with utilities and the pharmaceutical industry to educate consumers on “responsible disposal techniques” and to facilitate take-back programs.

House Passes Bill on Beach Water Pollution

The House of Representatives passed a bill to reauthorize a law on beach water pollution. The bill, HR 2537, reauthorizes the Beaches Environmental Assessment and Coastal Health Act, which establishes uniform criteria for beach water testing.

A key component of the bill is public notification: Local authorities must notify the public within 24 hours of detecting a contaminated water sample. If the beach is not closed, a sign must be erected to indicate to beach-goers that the water may be contaminated. Funding is provided for states to use in monitoring, tracking and notification programs.

Senators Lautenberg (D-N.J.) and Voinovich (R-Ohio) have introduced a companion bill; but, as of now, no further Senate action is scheduled.

Green to Take Key Subcommittee Chair

Rep. Gene Green (D-Texas) will be taking over as Chairman of Energy and Commerce Subcommittee on Environment and Hazardous Materials. This panel has important jurisdiction of drinking water issues and the Safe Drinking Water Act. Green is taking over the gavel from Rep. Al Wynn (D-Md.), who announced he will be retiring from the House in June.

Green is fairly junior on this particular Subcommittee, but is the next most senior on the full Committee, directly behind Wynn. The newly minted Chairman Green may have an early test, as he is stepping into a jurisdictional dispute with the House Homeland Security Committee over the regulation of water utilities for security purposes. Wynn has introduced legislation that, if passed, would clarify the Energy and Commerce Committee’s authority in this area.

Wynn is resigning his seat following his loss in a March primary. He will be taking a position with the lobbying and law firm Dickstein Shapiro. The panel shuffling also leaves an opening for another Democrat to join Energy and Commerce, which is considered a choice committee assignment. As of this writing, the seat had not been assigned by the House Democratic Leadership.