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Member Pipeline - Fax Alerts - August 25, 2006

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August 25, 2006

NACWA Files Brief
with Supreme Court Seeking Review of Key Daily Loads Case
This week NACWA and the Wet Weather Partnership (WWP) filed a joint amicus brief (http://www.nacwa.org/getfile.cfm?fn=2006-08-24WWPUSSCAmicus.pdf) asking the U.S. Supreme Court to review a decision by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) stipulating that pollutant limits for a total maximum daily load (TMDL) be expressed as a daily calculation rather than as a monthly, seasonal, or annual average. The brief was filed to support the District of Columbia Water and Sewer Authority (DC WASA), a NACWA member agency, in its bid to have the D.C. Circuit’s decision overturned. NACWA and the WWP argued that the D.C. Circuit’s decision could add to the cost of clean-up and unnecessarily delay water quality improvements, especially for communities that have already invested millions to implement TMDLs with non-daily pollutant loadings. The brief also noted that the D.C. Circuit’s decision directly conflicts with a 2001 ruling by the U.S. Court of Appeals for the Second Circuit, which held that requiring daily calculations for all pollutants would be "absurd." The Supreme Court may be inclined to accept this case for review because of the split of opinions among the two Circuit Courts. NACWA and the WWP sent out a joint press release (http://www.nacwa.org/advocacy/releases/082506.cfm) detailing the vital importance of this case to the efforts of clean water agencies to ensure water quality improvements under the Clean Water Act. NACWA will continue to advocate on this important issue as it plays out in the courts.

NACWA Urges EPA
Support for ORSANCO Wet Weather Standards
This week, NACWA staff and Alan Vicory, Executive Director & Chief Engineer of the Ohio River Valley Water Sanitation Commission (ORSANCO), met with key EPA officials — Benjamin Grumbles, Assistant Administrator for Water; Jim Hanlon, Director, Office of Wastewater Management; Ephraim King, Director, Office of Science & Technology; and Don Brady, Chief, Watershed Branch — to urge the Agency to support ORSANCO's proposed wet weather standards. NACWA provided EPA with a one-pager of talking points (http://www.nacwa.org/getfile.cfm?fn=2006-08-22epatp.pdf), which detailed why ORSANCO’s efforts to develop wet weather water quality standards for the Ohio River basin should be embraced by EPA as a pilot initiative that can lead the way for other, similar watershed initiatives. NACWA also re-emphasized points the Association made when it testified before ORSANCO in May (http://www.nacwa.org/getfile.cfm?fn=2006-05-26ORSANCO.pdf), namely that wet weather standards are essential to achieving the ultimate goals of the Clean Water Act (CWA) and the 1994 Combined Sewer Overflow (CSO) Policy. NACWA’s views were well-received, with Ben Grumbles noting that he thought ORSANCO’s efforts could provide an opportunity for cooperation going forward. Next week, NACWA plans to send EPA a follow-up letter thanking them for the meeting and providing recommendations for Agency engagement in this initiative.

Registration for
NACWA Pretreatment Conference Is Available Online
Those interested in attending NACWA’s 2006 Pretreatment and Pollution Prevention Workshop in New Orleans, La., October 4-6, can now register online! The Workshop, to be held at the Royal Sonesta in the heart of the French Quarter, will provide important information on the implementation of the Pretreatment Streamlining Rule and because emerging contaminants, including endocrine disrupting compounds, remain a top concern for pretreatment officials, the Workshop will feature panels on the types of contaminants being found as well as opportunities for collaboration to address them. Breakout discussions on topics important to pretreatment professionals will continue as a Workshop staple and there will be plenty of opportunities to network with representatives from state government as well as the U.S. Environmental Protection Agency. The deadline to reserve a room at the conference rate of $153 single/double is Tuesday, September 12. Please contact the Royal Sonesta at (504) 586-0300 to reserve your room. More information is available on NACWA’s website (http://www.nacwa.org/meetings/06pret/).