Member Pipeline - Fax Alerts - December 17, 2004
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December 17, 2004
Court Ruling Upholding Chronic
WET Methods Offers Guidance to AMSA Members
On December 10, the U.S. Court of Appeals for the District of Columbia Circuit (court) upheld EPA’s chronic whole effluent toxicity (WET) test methods. In Edison Electric Institute (EEI) v. EPA, the court found that EPA’s chronic WET test methods were adequately informed by science and public comment, and though while not perfect, were subject to deference. The court’s opinion contains several statements that are helpful to AMSA members on WET issues for the future, including that single WET test failures should not be used to bring enforcement actions; the invalidity of particular WET test results can be raised in enforcement actions; states should compensate for local conditions affecting toxicity such as flow at the permitting stage; and, permittees can challenge permits that regulate at levels that pose only minimal risk to aquatic life. EPA is poised to release a WET implementation guidance soon, which will provide AMSA with an opportunity to comment on how the Agency will manage the WET program going forward. The court’s decision and Legal Alert 04-11 provide more details on the case and are available on AMSA’s website (http://www.amsa-cleanwater.org/private/littrack/).AMSA Reviews Comments
from Members, Other Groups on Trust Fund Proposal
AMSA continues to receive positive feedback from its members, Water Infrastructure Network (WIN) organizations and other key groups on the Association’s proposed trust fund legislation, the Clean & Safe Water Trust Fund Act of 2005 (http://www.amsa-cleanwater.org/private/legreg/legalrts/la04-5b.pdf). The Association is currently reviewing recommendations regarding the proposal and will incorporate the comments into a revised version of the proposed bill. The revised legislation will be distributed within the next two weeks to AMSA members and to these other key groups requesting their endorsement and support. AMSA, through its Clean Water Funding Task Force, is also currently planning a facilitated session with key industry groups and trust fund supporters in February to gauge industry’s reaction to revenue source options for the trust fund. The Association plans to have the legislation introduced early next year in the 109th Congress.New Security Guidance Released
The American Water Works Association, the Water Environment Federation (WEF), and the American Society of Civil Engineers, with a grant from the U.S. Environmental Protection Agency, recently released a set of three security guidance documents covering the design of online contaminant monitoring systems, and physical security enhancements within drinking water, wastewater and stormwater infrastructure systems. WEF’s Interim Voluntary Security Guidance for Wastewater/Stormwater Utilities (www.wef.org/watersecurity/guidance/document) provides information for designers and owner/operators of wastewater/stormwater facilities on design upgrades that improve physical security and techniques to improve management and operating practices to reduce vulnerabilities due to malevolent events. Training materials for each of the guidelines are currently being developed and will be available in spring 2005. Additionally, the interim voluntary guidance documents will be the basis for the development of voluntary consensus standards, to be published in late 2006.
Due to the upcoming holidays, AMSA’s next FaxAlert will be distributed on January 7, 2005. AMSA wishes you a safe and happy holiday!