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August 27, 2004 AMSA Fax Alert

Member Pipeline - Fax Alerts - August 27, 2004

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August 27, 2004

EPA Releases
Sewer Overflow Report to Congress, AMSA Takes Action
 This week EPA released its much-anticipated Report to Congress: Impacts and Control of Combined Sewer Overflows (CSOs) and Sanitary Sewer Overflows (SSOs). AMSA reviewed the report and sent out a press release (http://www.amsa-cleanwater.org/advocacy/releases.cfm) noting that its factual findings support the need for a more flexible policy on SSOs, point to the continued progress made by clean water facilities in controlling CSOs, and outline the funding challenges posed by sewer overflow control projects. The report contains important facts on CSOs and SSOs including: 1) the percentage of CSO long-term control plans that have been submitted has increased from 34 to 59 percent since EPA’s last Report to Congress in 2001 and $6 billion has been spent by municipalities as of 2002 to control CSOs; 2) SSOs comprise a much smaller percentage of total overflow volume than EPA previously estimated – down two orders of magnitude from 311 billion gallons per year to 3-10 billion per year; and 3) an estimated $88 billion and $50.6 billion is needed over the next 20 years to control SSOs and CSOs, respectively, showing a need for increased funding via a meaningful federal-state-local partnership.

The report comes in response to a congressional request in 2000. While downplaying the national implications, the report states that “CSOs and SSOs can have impacts on human health and the environment at the local watershed level” and lays out four actions that “should be taken” to reduce the impacts of sewer overflows, including: 1) providing adequate funding for maintenance and improvement of the nation’s wastewater infrastructure; 2) integrating wastewater programs and activities at the watershed level; 3) improving monitoring and reporting programs to provide better data for decision-makers; and 4) supporting stronger partnerships among federal and state agencies, municipalities, industry, non-governmental organizations, and citizens. AMSA will be distributing a more detailed Regulatory Alert to members next week and will discuss with its Wet Weather Committee if a formal response to EPA is necessary. The report is available on EPA’s website (http://cfpub.epa.gov/npdes/cso/cpolicy_report2004.cfm).

Court Grants AMSA Participation in Blending/SSO Case Appeal
On August 24, the U.S. Court of Appeals for the District of Columbia Circuit granted AMSA’s pending motion to intervene in the appeal of the case challenging EPA Headquarters’ and Region 3, 4, and 6’s inconsistent actions on blending and sanitary sewer overflows (SSOs) (PMAA v. Leavitt). Given that EPA still appears far from releasing a final blending policy, the court ordered that briefing in the case – which had been stayed – begin in earnest this fall, with final briefs due in March 2005. The appellants are asking the Circuit Court to review the District Court’s November 2003 decision that regional guidance documents and policies are not final agency action subject to legal review. We will keep the membership apprised of developments in this important appeal. This and other key litigation documents are available on AMSA’s Litigation Tracker (http://www.amsa-cleanwater.org/private/legal_index.cfm).

  • All public utilities that are currently members of AMSA or subscribers to the Water Environment Research Foundation (WERF) have been provided with free and full access to Cleanwater Central. To maintain this free subscription, members must visit the Cleanwater Central website (http://www.cleanwatercentral.org/) and update their facility information by September 30, 2004.
  • Sign up now for AMSA’s 2004 National Pretreatment Coordinators Workshop, October 27-29 at the Norfolk Marriott, Norfolk, Va. Reserve your hotel room by Monday, October 4 by calling the Norfolk Waterside Marriott at 800/228-9290 to ensure the special room rate of $121 single/double. Registration information is available online (http://www.amsa-cleanwater.org/meetings/04pret/).