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March 13, 1998

AMSA to Sponsor POTW Risk Management Plan Workshop

AMSA will facilitate a national workshop for POTWs on developing a Risk Management Plan (RMP) to comply with the U.S. Environmental Protection Agency's (EPA) new risk management rule (also known as Clean Air Act section 112 (r) (7)). Under the new chemical accident prevention rule, by June 21, 1999, POTWs that handle, produce, or store either chlorine, sulfur dioxide, anhydrous ammonia, methane, or propane above EPA's threshold quantities will have to implement a risk management program and file a risk management plan with EPA. AMSA's two-day RMP workshop for POTWs will be held on June 25-26 at The Milwaukee Hilton, Milwaukee, Wisconsin. Speakers from EPA, the Occupational Health and Safety Administration (OSHA), and AMSA member agencies with direct experience in developing RMPs will help participants understand the requirements as they relate to their operations. Representatives from OSHA will also provide guidance on the OSHA Program 3 rule, which had a 1995 compliance date.

Since August 1997, representatives from five AMSA member agencies have been serving on a Steering Committee, that along with EPA's Office of Chemical Emergency Preparedness & Prevention and its contractors, is developing a model RMP. The guidance document will be piloted at several member agencies throughout the spring and undergo a peer review to ensure both its user-friendliness and effectiveness in meeting the compliance requirements. The final draft document will be ready for distribution at the June RMP workshop. AMSA members will soon be receiving a Member Update and registration materials with more details about the RMP Workshop agenda. Relevant EPA documents can be obtained from EPA's Chemical Emergency Preparedness & Prevention Office at http://www.epa.gov/swercepp.

No Bipartisan Support for Superfund Bill

The Superfund bill H.R. 2727, which includes an amendment secured by AMSA late last month that limits POTW liability, was approved in an 18-12 vote by the House Transportation and Infrastructure Subcommittee on Water Resources and Environment on March 11. Republicans on the subcommittee, which is chaired by Rep. Sherwood Boehlert (R-NY), unanimously supported the bill. The bill failed to receive bipartisan support, however, with only two Democrats voting in its favor.

The bill with AMSA's amendment has been forwarded to the full Transportation and Infrastructure Committee, but whether the full committee will consider the legislation at all remains to be seen since its chairman, Bud Shuster (R-PA), has said that he would not call it up without bipartisan support. At a meeting with reporters following the mark-up, Rep. Boehlert said he would continue to work with Democrats to resolve remaining differences over the bill.

The AMSA National Office is continuing to pursue POTW Superfund liability relief with the House Commerce Committee and the Senate Environment and Public Works Committee, both of which also have jurisdiction over Superfund legislation. A scheduled early adjournment combined with election-year politics reduce the chance for comprehensive Superfund reform during this Congress. H.R. 3000, the Commerce Committee bill has received little support to date and further consideration for the legislation has not been scheduled. In the Senate, S.8 has been put on hold while the committee considers legislation to reauthorize ISTEA, the major highway funding bill.


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