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Clean Water Advocacy - Newsroom - AMSA in the News

AMSA FEARS "ELECTION POLITICS" WILL BLOCK CONTENTIOUS BLENDING POLICY

Date: February 9, 2004 -

SANTA MONICA, CA -- Despite intense lobbying efforts, Association of Metropolitan Sewerage Agency (AMSA) officials say election politics are likely to block EPA's blending policy from moving forward this year.

The officials say the Bush administration is likely to back away from the policy as the November elections approach because many environmentalists view it as an environmental rollback. "The Bush administration knows this is a no-win for them," one AMSA official said last week at the organization's conference here. "This policy helps big, Democratic cities with histories of overflows. It's easy for Bush to back away from this to make it look like he's appealing to environmentalists."

EPA's proposed blending policy, published in the Federal Register in November, would allow publicly owned treatment works (POTWs) to mix treated wastewater with partially treated wastewater during wet weather events. Blending is used so that POTWs can meet their National Pollutant Discharge Elimination System (NPDES) permit limits without "washing out" biological treatment systems with an overwhelming influx of wastewater.

Currently, blending is an accepted practice in some EPA regions, but inconsistent enforcement practices between regions have sparked concerns and litigation by municipalities that have been barred from blending.

AMSA has historically supported blending because the group says it enables municipalities to treat increased wastewater volumes during wet weather events and minimizes harm to POTW infrastructure. The group has lobbied heavily in favor of the policy, and joined a coalition of more than 20 municipal organizations in writing a letter to EPA Administrator Mike Leavitt to support it.

But as the Feb. 9 deadline for comments on the draft policy approaches, AMSA is having trouble solidifying support for blending among municipal groups. Specifically, several AMSA sources said the American Society of Civil Engineers (ASCE) reportedly did not support blending because the group believes the requirements EPA is placing in the draft policy on wastewater treatment facilities that want to incorporate blending into their NPDES permits transforms the policy into a rulemaking, which violates the Administrative Procedure Act.

The AMSA source says the group fears this lack of support could prevent EPA from finalizing the blending policy because it could reflect a split among industry officials over whether the policy should move forward.

"Having one of our own community members weigh in against it would not be good at all," the source said at the conference.

AMSA sent a letter to ASCE executive director Pat Natale Jan. 30, asking ASCE to abandon its opinion that blending "constitutes poor engineering and compromises environmental quality," according to the letter. The letter is available on InsideEPA.com.

An ASCE spokesman declined to comment.

Environmentalists and some bipartisan lawmakers, however, have said they oppose blending because the process allows dischargers to bypass secondary treatment of some of their wastewater, provided that their effluent meets NPDES permit limits. These stakeholders have argued that this lesser standard of treatment harms the environment.

A bipartisan group of 64 House lawmakers, led by Reps. Clay Shaw (R-FL) and Frank Pallone (D-NJ), wrote a letter last month to Leavitt, criticizing the policy. "This draft guidance would turn back the clock on clean water protections, and we urge the EPA to enforce and strengthen these protections, rather than consider actions that would increase the threat of waterborne illnesses and environmental degradation," the lawmakers say in a Jan. 12 letter to Leavitt. (Water Policy Report, Jan. 26, p3).

However, four top House Republican chairmen issued a competing letter to Leavitt, which supports blending. The chairmen say in the letter that they support an even more liberal blending policy than the one EPA has proposed, which they claim includes regulatory-like requirements that impose specific conditions on the use of blending. The letter was signed by Transportation & Infrastructure Committee Chairman Don Young (AK), Government Reform Committee Chairman Tom Davis (VA), water resources subcommittee chair John Duncan (TN) and natural resources & regulatory affairs subcommittee chairman Doug Ose (CA).

An AMSA source says EPA's decision on whether to move forward with blending will depend more on who weighs in on the issue than on the actual merits of the policy itself. It's a numbers game at this point," the source said last week at the AMSA conference. "What it's going to come down to in the end is who has more letters of support, not the real details of the policy."