Out of sight, out of mind—until of course, 2 million people are left wondering why they don’t have clean drinking water.

This weekend’s Massachusetts Water Resources Authority (MWRA) water main break, which spilled millions of gallons of drinking water into the Charles River, should alert us to a larger and often hidden crisis of under-funded water infrastructure across the country. The underground pipes that provide our drinking water and that convey our sewage away from homes and businesses are typically hidden from sight, but are increasingly drawing attention through catastrophic failures.

While the cause of the MWRA pipe burst is not yet clear (officials report the pipe was only 7 years old), this incident signals that continued oversight and investment is needed to keep our water infrastructure working to protect health and the environment.

In 2009, New England spent around $113M in federal funds on drinking water and wastewater infrastructure (plus $2.2M or more in state funds and further expenditures by cities and towns).   The U.S. EPA has estimated New England’s needs at $11.5B for drinking water infrastructure and $8.5B for wastewater infrastructure over a 20-year period.  A national EPA “gap analysis” backed by the General Accounting Office found that unless rates of spending on drinking water and wastewater infrastructure increase substantially, we will come up short by about $500B for necessary upgrades by 2020.  Industry groups representing the operators of drinking water and wastewater systems agree, and the American Society of Civil Engineers has rated U.S. water infrastructure a “D-.”

Major upgrades are also required for our storm sewer systems (the pipes that channel rain water from street catch basins, parking lots, and driveways into nearby rivers and streams) to reflect modern pollution removal methods and to prevent sewage from mixing with the rain water. (Recall the sewage overflows that occurred during storms this past March.)

How to fill the investment gap?

The U.S. EPA and state environmental agencies provide funds for all of the above through loans and grant programs, but these won’t fill the gap entirely.  One proposal in Congress, introduced yesterday, would remove caps on private investment and could potentially create new jobs and bring in significant tax revenues.  Another would create a national trust fund supported by taxes on corporations.  Another option is for local water and sewer rates to increase to reflect “full cost pricing.”

In Massachusetts, a Water Infrastructure Finance Commission has been convened, and CLF will be involved in the discussions.

If there is any silver lining to this incident, it is that we have been reminded how much we rely on our water and wastewater systems – and how disruptive the consequences will be if we don’t make the investment to manage them proactively.

To learn more, check out the trailer for Liquid Assets, a documentary about America’s water infrastructure, or EPA’s web site.

The average American spends 2 ½ hours a day in the car. That’s about 73,000 hours in a lifetime—and tons of havoc wreaked on the environment. The transportation sector is the fastest growing single source of greenhouse gas (GHG) emissions in the country, which pollute the air and contribute to global warming.

Tackling this challenge means both reducing the amount of driving by smarter development and building transit and reducing the pollution pouring out of each car. Four out of five of the New England states did the next best thing—reduced the amount that cars would be allowed to pollute in the first place.

Yesterday, the Obama Administration adopted those regulations nationwide, unveiling the first-ever federal clean cars standard that will limit the maximum level of GHGs that can be emitted by new cars and trucks. The new laws are expected to cut GHG emissions from new cars by 34 percent between models made in 2009 and those made in 2016—a change equivalent to taking 21.4 million of today’s cars off the road.

This decision is a major victory for CLF. When it comes to clean cars, we’ve been here since the beginning. For two decades CLF has fought for stronger limits on tailpipe emissions from cars.

Early national tailpipe emissions and fuel efficiency standards adopted in the 1960s and 70s improved the fuel economy of the average American vehicle from 13 miles per gallon in 1975 to 22.6 mpg in 1987 and began the process of reducing pollution from cars. Over the course of the 1980’s and 1990’s CLF worked in New England to ensure that our states in partnership with California would lead the nation in a journey towards lower emissions cars.

That journey took a new and interesting path in 2002 when the state of California adopted the Pavley standards, also known as the California Clean Car Standards, which set stringent emission standards for global warming pollutants  from cars.

CLF participated in the California process, urging that the standards be written in a manner that would allow them to be implemented in our states.  Once the standards were in place CLF then, working with allies in many states, launched a largely successful effort to get the standards adopted in the New England states.

It wasn’t easy. The automakers fought back by suing in both California and in New England. CLF served as “local counsel” to a coalition of environmental groups as we all worked with the states to achieved victory in two landmark cases in Vermont and Rhode Island in 2008, forcing automakers to comply with state emissions regulations and in effect implementing the “clean cars program” in every New England state except New Hampshire.

The momentum from the legal victories in Vermont and Rhode Island, as well as the parallel victory our allies achieved in court in California, provided key fuel for the effort that led to the adoption of those state standards on the national level.

But the work’s not done. Today, CLF is focused on pushing hard for the adoption and implementation of a Northeast/Mid-Atlantic Low Carbon Fuel Standard (LCFS) to gradually lower the carbon content of fuel. In 2008, CLF successfully worked with the governors of 11 northeast and mid-Atlantic states as they formulated and signed an agreement in which they pledged to develop an LCFS in the future.

CLF also continues to aggressively protect the right of the states to develop a statewide LCFS, and deter opponents who could threaten the longevity of those standards. CLF served as a third party legal counsel on behalf of the state of California in federal litigation challenging the state’s precedent-setting LCFS. Lastly, CLF is forcefully engaging with congressional staff, senators and representatives to fend off federal legislation that would thwart the ability of the states to continue to lead the LCFS effort and the next generation of car standards.

President Obama’s adoption of the California standards nationwide, ending a longtime battle between states and automakers, demonstrated to us at CLF that what happens here in New England really can serve as a model for other states, and that states have the power to create momentum for sweeping change that can influence policy on the federal level. CLF is proud that New England continues to lead the nation in taking action to identify and solve environmental problems and will continue to fight to ensure the states have, and use, the tools to provide a powerful model for national action.

CLF in the News:

New Federal Car Emissions Standards Hailed in Maine, Anne Mostue, MPBN
White House Follows Vermont’s Lead on Clean Cars, Paul Burns, vtdigger.org

Yesterday’s Boston Globe editorial in response to Monday’s New York Times article on the Clean Water Act makes the point that Massachusetts is in a unique position because the state’s waterways are regulated under a more flexible state water act enforced by the Massachusetts Department of Environmental Protection (DEP). However, that’s not a panacea. Massachusetts must still support and enforce the terms of the federal Clean Water Act to keep pollution at bay.

While the DEP may enforce discharge permits in Massachusetts, it’s the federal Environmental Protection Agency (EPA) that has primary responsibility for issuing them. Two US Supreme Court decisions in 2001 and 2006 have undermined the authority of the EPA by calling into question what defines a waterway eligible for protection under the Clean Water Act.  The confusion over which of these waterways are legally protected has left 52% of Massachusetts’ waterways at risk for increased pollution, because EPA is no longer asserting its jurisdiction to regulate pollution flowing into them.

Congress needs to act quickly convey that the Clean Water Act applies to all waterways and must be enforced broadly and effectively.

The Clean Water Restoration Act, first introduced in Congress in April 2009, would amend the Clean Water Act to clarify that the Act applies to all US waterways as it did prior to the Supreme Court decisions. Passing the CWRA will send a message to polluters that all waterways merit equal protection under the law, and that the EPA will continue to enforce the terms of the CWA to prevent further environmental damage.

If we want clean waterways, not just for Massachusetts but throughout New England, here’s our chance to make sure that the EPA has full authority to do its job right, by passing the Clean Water Restoration Act.

Support the Clean Water Restoration Act