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May 5, 2000
EPA-USDA TMDL Agreement Poses Policy Challenge for AMSA
This week, AMSA met with U.S. Environmental Protection Agency (EPA) officials to discuss the implications for POTWs of a total maximum daily loads (TMDLs) agreement between EPA and the U.S. Department of Agriculture issued on May 1. The EPA-USDA agreement is the result of an interagency work-group formed to resolve conflicts arising between the two agencies over portions of the TMDL proposal that address nonpoint source pollution from agriculture and logging operations. Of greatest concern to AMSA are statements in the agreement that could be interpreted as reversals of longstanding EPA policy. For instance, the agreement states that “EPA and USDA agree that voluntary and incentive-based approaches are the best way to address nonpoint source pollution,” which AMSA is concerned may weaken EPA's traditional approach, which has consistently called for combined voluntary and enforceable controls. The agreement also states that “Under the EPA proposal, States have the flexibility to allocate pollution load reductions between nonpoint and point sources as they consider appropriate and are not required to allocate pollution reductions to specific categories (e.g. agriculture) in proportion to pollution contributions.” AMSA is concerned that this statement may undermine the principle pervading the entire TMDL effort — that “fair share” pollution reductions be required of all sources of impairment in proportion to their contribution to water quality degradation. AMSA has clearly outlined these concerns in a May 5 letter to EPA Administrator Carol Browner. The full text of the EPA-USDA agreement is available on the web site of EPA's Office of Water at www.epa.gov/owow/tmdl/tmdlwhit.cfml. AMSA's letter to Browner will be posted on AMSA's web site at www.amsa-cleanwater.org/private/legreg/outreach/outreach.cfm.AMSA Reviews EPA Wet Weather Enforcement Strategy
AMSA is currently reviewing an EPA Office of Enforcement & Compliance Assurance (OECA) municipal wet weather enforcement strategy, which was issued to EPA Regions on April 27. The strategy urges EPA regional enforcement offices to “increase federal and state enforcement and compliance assistance” for combined sewer overflows (CSOs) and sanitary sewer overflows (SSOs). While the CSO portion of the strategy stresses adherence to the nine minimum controls and long-term control plan requirements in the 1994 CSO Policy, the SSO strategy calls for Regions to “inventory” their priority collection systems and target 20 percent of “priority” systems on a yearly basis. In March, AMSA wrote EPA Administrator Carol Browner to express concern with the premature timing of the strategy and its likely conflicts with pending new SSO regulations. Next week AMSA members will receive a Regulatory Alert containing further analysis of the guidance and identifying key issues likely to impact wastewater agencies.Participation Critical for National Environmental Policy Forum . . . The pre-registration deadline for AMSA's National Environmental Policy Forum, May 20-24 in Washington, DC, is May 10. During the forum, AMSA members will have ample opportunity to engage Congress and EPA on critical water quality issues such as TMDLs and nonpoint source pollution, urban wet weather flows and wastewater infrastructure funding. Send in your registration form today, or register online at www.amsa-cleanwater.org/mtgs/may00/may00.cfm.