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. "''-1'- ,'.' ~ (j;); ;:hWESTERN ,- . '. 1:~~~~Iii~ STATES WATER (; recycled paper conserves water THE WEEKLY NEWSLETTER OF THE WESTERN STATES WATER COUNCIL Creekview Plaza, Suite A-201 /9~2 East 7145~.?,.j Midya!e, Utah 84047 / (801) ~.61.5~OO I FAX (801) 255-9642 Chairman - Larry Anderson; Executive Director - Craig BeIl; Editor - Craig BeIl; Typist - Alona Banks . CONGRESSIONAL UPDATE Regulatory Reform, '. The Senate this week began formal debate on the Comprehensive Regulatory Reform Act of 1995 (S. 343) introduced by Senators Dole (R-KS) and Johnston (D- LA) (WSW #1090). Over the July 4 break, agreement was reached on provisions streamlining the petition process and deleting the bill's Toxic Release Inventory provision that might have removed 288 new chemicals from the Toxic Release Inventory that have been added since 1994 as required under the Community Right-to- Know Act. However, agreement was not reached on the' supermandategrQvision l<;lnguagli!'which would limit the .' bill's retroactive applicability. A bipartisan group is now threatening to support an alternative bill based on a more mOderate measure.. supported by Senator Roth (R-DE) if additional concessions are not granted. The alternative measure would set the threshold for major rules at $100 million, double the $50M threshold of the Dole-Johnston bill. In place of the automatic-sunsel'pro\fisionof S. 343,lhe alternative versiori"'wollld issue a notice of proposed .' rulemaking warning agencies that a rule <:ould be repealed if they fail toreitiew it. Further, the alternative would limit the risk assessment requirements'.to eleven federal agencies. . Numerous amendments to S. 343 are expected. They are likely to include the alternative bill's increased threshold level. Senator Kennedy (D-MA) proposes restoring the Delaney clause, which would set a zero- risk standard for carcinogenic pesticides in processed foods. Senators Dole and Abraham (R-MI) want to require agencies to place on their review calendar rules recommended by the Small Business Administration. Senators Nunn (D-GA) and Coverdell (R-GA) want to add language clarifying that rules affecting small businesses must also meet cost-benefit requirements. WATER RESOURCES Water,ConserVation - '" - - ':: ~ ,. : .;.. ~, .-."..- " , "TheWestem States Water Council and U.S. Bureau of Reclamatiori co-sponsored ,a workshop on water conservation in the West in San Diego, Califomia on July 10-12. The meeting focused on sfate:and federal efforts to promote water conservation. More than eighty federal, state and local officials pa~icipated. Fourteen states sent representatives to discuss their water conservation programs, alid there were a number of presentations on different policy, proje'ct and program initiatives within Reclamation. The U.S. Bureau of Reclamation's proposed water conservation guidelines, .criteria and separate rules were 'discU~~E1(Lbriefly ,(WSW;~1079). The deadline for COmmeritson the guidelines has been extended through July 25. Ed Osann, Director of Policy and External Affairs, addressed some of the comments received to date and pointed out that there was a clear dichotomy between the views expressed by states and water ,districts. and Ihose<:by, environmental groups. While . -,unable \erstate i,~:<lfai1y policy, decisiOns had been made at this time, he predicted th<;lt,a clE1arer distinction would be made as to'the nature and. purpose of the guidelines and the separate rules. Further; there would be a number of modifications. References to Section.210(b) of the Reclamation Reform'Actwilllikely be removed, and Reclamation's statutory authority otherwise clarified. The requirement for Bureau approval of plans will likely be removed, thus eliminating for the moment the federal action triggering compliance with the National Environmental Policy Act. This will likely apply to both the guidelines and the proposed rules. However, plan implementation may trigger NEPA compliance. The latter are expected to be finalized by December and the former by September, but no decision has been made with respect to the effective date of each.