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January 20, 2006 NACWA Fax Alert

Member Pipeline - Fax Alerts - January 20, 2006

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January 20, 2006

NACWA White Paper Provides
Guidance on Controlling Mercury Discharges from Dental Clinics
NACWA released its White Paper (http://www.nacwa.org/advocacy/special.cfm), Controlling Mercury in Wastewater Discharges from Dental Clinics, this week to assist those communities, or states, that decide to recommend or require dental clinics to install amalgam separators. The White Paper will aid clean water agencies in understanding the technical issues associated with the generation and treatment of wastewater from dental clinics. Many clean water agencies are faced with determining what, if any, steps to take to address mercury-bearing wastewater from dental clinics. The White Paper examines the three main approaches to limiting mercury discharge including: 1) implementing numerical wastewater limits; 2) recommending or requiring ‘best management practices’; and 3) recommending or requiring the installation of amalgam separators. The White Paper also includes various case studies and a discussion of the potential benefits associated with a uniform certification program. NACWA would like to thank all of its members who provided input on this publication and, in particular, Peter Berglund, member of NACWA’s Mercury Workgroup and Principal Engineer for the Metropolitan Council Environmental Services’ Industrial Waste and Pollution Prevention Department, St. Paul, Minn. for his contributions.

NACWA, Industry Coalition
Discuss Senate Chemical Security Bill, Member Input Requested
NACWA and nearly two dozen industry and other municipal groups met this week to discuss the Chemical Facility Anti-Terrorism Act of 2005 (S. 2145) (http://www.nacwa.org/private/legreg/legupdate/leg_tracker.cfm#2). S. 2145 was introduced on a bipartisan basis in December 2005 by Senate Homeland and Government Affairs (HGA) Committee Chair Susan Collins (R-ME) and Ranking Member Joe Lieberman (D-CT). The legislation would require the Department of Homeland Security (DHS) to regulate the security of thousands of chemical facilities nationwide, including publicly owned treatment works (POTWs) covered by Clean Air Act §112(r), which NACWA estimates includes over 30% of its public agency members. The bill also gives the DHS Secretary the discretion to include additional clean water facilities that are deemed to be high-risk and vulnerable to terrorist attack. Facilities covered under S.2145 would be required to conduct vulnerability assessments, create site security and emergency response plans, all of which would be subject to approval by the Secretary of DHS. These assessments and plans would also have to be filed with DHS. Facilities that fail to comply with the security standards would be subject to fines and penalties. Significantly, the bill does not provide financial assistance for public entities to comply with the bill's mandates. Industry groups' concerns primarily focused on the extremely broad discretion being given to DHS, as well as concerns that the bill would require significant duplication of effort without necessarily improving facility security, given that significant hardening of facilities has already taken place since the attacks of September 11, 2001.

In response to the bill, NACWA will be seeking member comments via a Legislative Alert, as well as discussing this issue at both the Security & Emergency Preparedness and Legislative Policy Committee meetings at the Association's upcoming Winter Conference. NACWA will be meeting soon with HGA Committee staff to discuss the impact of the bill on POTWs, potential changes to the bill, and the possibility of financial assistance for public entities that would have to comply with the new regulations. Also, the industry coalition leaders will be drafting a letter to Senators Collins and Lieberman outlining their priority concerns. NACWA will share this letter with its members when it becomes available and make a determination about whether to be a signatory at that time.

NACWA Encourages Member Input in Public Relations Survey
NACWA continues to seek member responses to its Public Relations Survey. The survey will be the basis for a media relations document providing critical information to utility members for garnering public support and dealing with the press. The Association urges all member agencies to complete the survey by Friday, January 27, 2006. To access the survey, click the CleanWater CentralTM link on the right hand side of NACWA’s homepage (www.nacwa.org) or login to the CleanWater CentralTM website directly (www.cleanwatercentral.org) and enter your utility username and password. For more information, please refer to Member Update 06-01 (http://www.nacwa.org/private/membcomm/memupdate/mu06-01.cfm).