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November 19, 2004 AMSA Fax Alert

Member Pipeline - Fax Alerts - November 19, 2004

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November 19, 2004

AMSA’s Funding Task Force
Makes Progress on Trust Fund Legislation

AMSA’s Clean Water Funding Task Force met this week, via conference call, to discuss draft legislation that would create a federal trust fund to provide financial assistance to communities to achieve the goals of the Clean Water and Safe Drinking Water Acts. Task Force members received an overview of the legislation and learned the results of an economic study of revenue options that are under consideration to finance the trust fund. AMSA anticipates sending the first draft of the legislation to its membership early next week for review and comment. The draft will also be shared with members of the Water Infrastructure Network and with environmental activists and conservation stakeholder groups. A second draft, incorporating member comments, will be circulated for another round of review and comment in mid-December. AMSA hopes to secure sponsors and looks forward to the introduction of legislation in the 109th Congress in February 2005.

On a related note, AMSA has learned that it is likely that the Clean Water State Revolving Fund (CWSRF) will be cut from $1.35 billion to $1.1 billion for FY 05. While AMSA will continue to work toward ensuring that the CWSRF gets full funding in the years to come, Congress’s move can be seen as the first salvo in an a effort to phase out the program. President Bush’s original recommendation to fund the CWSRF at $850 million was endorsed by the House of Representatives. In response, AMSA and a broad coalition of stakeholder groups successfully lobbied the Senate to fully fund the program. The final $1.1 billion figure is a compromise between the House and Senate. The Association believes this demonstrates the critical need for a national dedicated trust fund for clean water. AMSA will provide members with more information when the legislation is passed.

EPA Sets
December 16 Deadline for States to Adopt Bacteria Criteria

EPA this week published a final rule (http://www.epa.gov/waterscience/beaches/bacteria-rule.htm#final) promulgating bacteria criteria for 21 states as required under the 2000 Beaches Environmental Assessment and Coastal Health (BEACH) Act. The final rule, which establishes bacteria criteria for coastal recreation waters in those states that had not yet adopted criteria as protective as EPA’s, will become effective Thursday, December 16, 2004. The final rule included a recommendation AMSA made (http://www.amsa-cleanwater.org/advocacy/comments/2004-08-09OW_2004_0010.pdf) on the proposed applications for the single sample maximum (SSM) values that are part of the Agency’s 1986 criteria. In line with these comments, the final rule recommends that the SSM be used only for making beach notification and closure decisions, and that the geometric mean value be used for assessing water quality standards attainment and in establishing permit limits. The Association will continue to update the membership on bacteria criteria implementation.

Blending Lawsuit Moves Forward Absent Final EPA Policy
This week, AMSA filed its opening brief (http://www.amsa-cleanwater.org/private/littrack/) in the U.S. Court of Appeals for the District of Columbia Circuit in the blending case appeal. In PMAA v. EPA, AMSA and other groups assert that EPA Region 3, 4, and 6’s anti-blending policies are beyond the Regions’ delegated authorities and, therefore, are illegal actions. The Association argues that the lower court erroneously dismissed the case in November 2003 for lack of jurisdiction, as district courts have automatic jurisdiction over any case involving illegal agency action. While the case progresses, the wastewater treatment community awaits a final blending policy from EPA Headquarters. AMSA will keep the membership informed of developments on this important issue as it moves forward this fall.