Member Pipeline - Fax Alerts - July 28, 2006
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for the FaxAlert ArchiveJuly 28, 2006
NACWA Says
EPA Draft Memo on TMDLs Falls Short in Resolving Concerns
NACWA submitted comments (http://www.nacwa.org/getfile.cfm?fn=2006-07-27DLcmts.pdf) this week to EPA indicating that draft guidance on total maximum daily loads (TMDLs) does not adequately address the complex legal and policy issues raised by the Court of Appeals for the District of Columbia Circuit’s April 25 decision. In Friends of the Earth v. EPA, No. 05-5015, the court ruled that TMDLs must specify daily pollutant loadings as opposed to monthly, seasonal, or annual loads. In response, EPA shared a draft memo July 13 that, NACWA commented, “takes a moderated approach to a very difficult legal decision.” NACWA said EPA’s determination that TMDLs be expressed as daily limits may best be limited to the District of Columbia because other appeals court circuits have reached opposite conclusions. NACWA also said the draft memo glosses over other important issues raised by the court, including that many pollutants, such as nutrients, bioaccumulative toxics, and solids, simply cannot be meaningfully addressed in a daily manner.On Monday, the D.C. Water and Sewer Authority (DC WASA), a NACWA member and a party in the case, filed its petition for review before the U.S. Supreme Court of the D.C. Circuit’s decision. NACWA submitted an amicus brief supporting DC WASA at the appeals court level, and soon will file another urging the Supreme Court to accept the case for review. DC WASA’s petition for review can be found on NACWA’s Litigation Tracker (http://www.nacwa.org/private/littrack/).
NACWA, Southern Cal Members
Meet With EPA on Kern County Biosolids Issue
NACWA and representatives from several of its Southern California member agencies met with EPA this week to discuss the recent decision by Kern County, California, voters to ban the land application of biosolids. The ban will thwart efforts by several Southern California agencies to safely and effectively manage their biosolids. While EPA has issued many statements reiterating its support of land application, NACWA urged the Agency to identify ways to support local communities facing opposition to biosolids, as in Kern County. Meanwhile, Los Angeles is reviewing its legal options regarding the Kern County ban, and NACWA will continue to advocate on its behalf to ensure the public understands that biosolids can be beneficially used to enhance soil without endangering public health or the environment.NACWA Applauds
EPA Memo Supporting State Flexibility on Mixing Zones
NACWA is pleased with a memo EPA issued July 13 clarifying that states have the authority under the Clean Water Act (CWA) to establish mixing zones as long as certain conditions are met (http://www.nacwa.org/getfile.cfm?fn=2006-07-13mxzn.pdf). The memo was sent by Ben Grumbles, the EPA Assistant Administrator for Water, to the Agency’s regional offices and also introduces the Compilation of EPA Mixing Zone Documents, described as collection of guidance documents that EPA has issued to date on the topic.NACWA worked with its Oregon member agencies to meet with EPA in May and urged the Agency to issue an interpretive statement affirming that the CWA authorizes mixing zones. Consistent with statements Ben made at that meeting, the memo said “EPA has long recognized that the Clean Water Act and its implementing regulations allow for mixing zones and that it is an acceptable and authorized practice for states to allow mixing zones, provided they are used in a manner that protects the designated use of a water body.”
The issue has taken center stage in Oregon where environmental activists have sued EPA Region 10 seeking to have mixing zones banned. Grumbles told NACWA that while the CWA allows mixing zones, states have the ultimate discretion of whether to authorize them in permits. NACWA will continue to track the issue and assist its member agencies in Oregon and other areas where activists seek to challenge the use of mixing zones.
Part II of NACWA, WERF Web Seminar
on Use Attainability Analyses Set for August 3
The second part of the web seminar, Use Attainability Analyses (UAAs): Beyond the Basics, sponsored by NACWA and the Water Environment Research Foundation (WERF) is scheduled to air August 3 from 2 – 3:30 p.m. This informative series is based on Collaborative Water Quality Solutions: Exploring Use Attainability Analyses (UAA Handbook) jointly released by the two organizations. Beyond the Basics will address how to conduct successful UAAs, including those for aquatic life uses and those designed for wet weather. Participation in the first part of the series, held June 28, is not necessary to register for the second. Tapes from the first session are available from NACWA. Please contact Robin Davis, NACWA’s Director of Marketing and Print Management, at (202) 533 -1802 or at rdavis@nacwa.org, to register for this important and interesting session.Presentations from
NACWA Summer Conference Now Available Online
The powerpoint presentations from NACWA’s Summer Conference, Cross-Cutting Clean Water and Drinking Water Issues…Challenging Traditional Boundaries, are now available on the Association’s website (http://www.nacwa.org/private/ppt/06summer/). NACWA wishes to thank all who worked hard to make this conference a success.