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November 3, 2000

Congress Delays Remaining Budget Bills Until After Elections
This week, the Republican congressional leadership and the White House reached an impasse in their efforts to complete the federal government’s fiscal year 2001 budget. With lawmaker attendance dwindling and the elections drawing closer, the 106th Congress will take up unfinished legislative business in a rare "lame-duck" session. The move became necessary to allow Members of Congress time for last-minute campaigning in their states and districts. This latest development will certainly affect the ultimate fate of the Wet Weather Quality Act of 2000, for which the House Transportation & Infrastructure Committee staff are seeking an appropriate legislative vehicle – such as an omnibus funding bill (See FaxAlert, Oct. 27).

Although the President already signed the U.S. Environmental Protection Agency’s (EPA) funding bill, the elections will undoubtedly impact and complicate negotiations on other pending environmental legislation. With one of the tightest presidential races on record and the potential for Democrats to gain control of the House, strategies could shift significantly after the elections, increasing or decreasing the willingness of the parties to compromise on several issues, including the environment. In this climate, we may see environmental riders added to, removed from, or changed in the remaining bills. AMSA is in close contact with House and Senate committee staff in order to anticipate and respond to any legislation that would impact AMSA members. The Senate is in recess until Nov. 14; the House, until Nov. 13. Both approved an extended continuing resolution to fund government activities.

 

EPA Bans Great Lakes Mixing Zones, Seeks National Rule
This week, EPA Administrator Browner signed a ban on mixing zones in the Great Lakes for bioaccumulative chemicals of concern (BCCs) such as mercury or PCBs. Five of the eight Great Lakes states already have mixing zone bans in place, and the remaining three – New York, Ohio, and Pennsylvania – now have 18 months to adopt similar provisions. The rule bans mixing zones for new BCC discharges and phases out existing mixing zones over a 10-year period. There is also a limited exception that would allow facilities "minimal use" of mixing zones in cases of "unreasonable" economic effects. The Agency also announced plans to initiate national mixing zone regulations, with a proposal scheduled for mid-2001. The Agency indicated that it "seeks to develop a regulation with a clear set of limitations and guidelines for [the use of] mixing zones to increase consistency in water cleanup efforts and improve public participation in the decision-making process." AMSA has actively voiced the concerns of POTWs with respect to a mixing zone phase-out.

 

2000 Law Seminar and First-Ever Primers Surpass Expectations
This week, in Phoenix, Arizona the 2000 AMSA/Association of Metropolitan Water Agencies Law Seminar has been extremely well-received. With 80 participants taking part in the Clean and Safe Drinking Water Act primers, the first-ever offering surpassed AMSA’s expectations and demonstrates the high and growing level of interest in municipal water and wastewater legal issues. Seminar attendance has increased each year, with over 125 participants this year. AMSA plans to build on the success and growing popularity of the Law Seminar in order to continue enhancing the Association’s legal affairs support for member agencies.