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July 31, 1998

Confirmation Hearing Held for Chuck Fox

On Thursday, July 30, family and supporters from both inside and outside of the U.S. Environmental Protection Agency (EPA) attended the Senate Environment and Public Works Committee’s confirmation hearing for presidential nominee Chuck Fox who is slated to replace Bob Perciasepe as assistant administrator for the Office of Water. Earlier this week, AMSA submitted a letter in support of Fox’s appointment and those in attendance report that the confirmation hearing went very well. In early September, the Senate Environment and Public Works Committee is expected to continue Fox’s confirma-tion process. At the present time, Fox is serving as acting assistant administrator for the Office of Water.

AMSA Submits Comments on EPA’s New Mercury Analytical Method

On Monday, July 27, AMSA submitted comments to EPA on the proposed new analytical method for mercury detection — Method 1631. The proposed method can detect mercury at 0.2 parts per trillion (ppt) while the method currently used by POTWs, Cold-Vapor Atomic Absorption (CVAA), has a detection level of 200 ppt. AMSA’s comments highlight the fact that EPA has not yet demonstrated whether Method 1631 can precisely and accurately quantify mercury in the ppt range in a wastewater or saltwater matrix. No publicly owned treatment work (POTW) labs were used in testing the method. The cost implications of applying Method 1631 are another significant issue for AMSA members. Based on AMSA estimates, to use the new method labs may incur equipment costs in the $70,000-$125,000 range, with larger labs incurring costs greater than $2 million. The proposed method would also severely reduce sample throughput by a factor of ten. For example, in order to keep pace with current loads of 22,000 samples per year, one member agency noted that, "not including sludge samples, ten additional full-time equivalents would be needed to analyze the samples within the maximum 28-day holding time."

AMSA Petitions EPA to Approve Method 245.7

In addition to the comments submitted on Method 1631, AMSA petitioned EPA to revive, validate, and approve Method 245.7 for the measurement of mercury. Method 245.7 is a less-burdensome, cost-effective method capable of detecting mercury at concentrations from 2 to 4 ppt. But unlike Method 1631, it does not require the costly and time-consuming ultra-clean sampling techniques and gold trap procedures. Members can review AMSA’s comments on Method 1631 online at AMSA’s web site at http://www.amsa-cleanwater.org/private/reguloutreach/waterquality.cfm

AMSA Comments on Draft Biological Opinion for Proposed California Toxics Rule

On July 28, AMSA sent a letter to the Office of Water in support of recent comments submitted by a coalition of California municipalities and municipal interest groups regarding the U.S. Fish and Wildlife Service and National Marine Fisheries Service Draft Biological Opinion for the Proposed California Toxics Rule. Supported in the letter is the opinion that a wide array of technical deficiencies exist in the Services’ draft jeopardy determination and accompanying analysis. AMSA also stressed several technical and procedural issues that have broad national implications. The issues highlighted included: the use of quality assured, peer-reviewed data for decision making; economic or technical assessment of reasonable and prudent alternatives; assurance that TMDL implementation plans and schedules will not require consultation under Section 7 of the Endangered Species Act; and assurance that the Services provide new or additional data to warrant any change in state-of-the-art scientific methodologies for protecting aquatic life, such as the use of soluble metals for protecting against water column toxicity. AMSA’s comments can be reviewed online at: http://www.amsa-cleanwater.org/private/reguloutreach/waterquality.cfm.