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February 27, 1998
AMSA Efforts Lead to Superfund AmendmentThis week AMSA's National Office successfully concluded negotiations with staff to the House Subcommittee on Water Resources & Environment on an amendment that severely limits POTW liability under Superfund. The amendment to H.R.2727, the Superfund Acceleration, Fairness and Efficiency Act, titled "Innocent Owners and Operators of Sewage Treatment Works," releases POTWs from liability if the POTW can establish compliance with substantive requirements for pretreatment under section 307 of the (CWA) applicable to the hazardous substances that are the subject of the response action, and that the release or threatened release was not caused by a failure to properly operate and maintain the treatment works or by conduct that constitutes gross negligence or intentional misconduct. While not the Association's preferred solution, the amendment goes a long way toward limiting municipal exposure to liability. The amendment will be included in H.R. 2727 for markup on March 4. Additional details regarding the markup and the amendment will be forwarded to members in an upcoming Legislative Alert. The National Office is also working with Hill staff to draft committee report language that provides a clear interpretation of the legislation language. AMSA is also engaged in pending Superfund reauthorization legislation in the House Commerce Committee and in the Senate Environment & Public Works Committee.
AMSA to Draft Urban Wet Weather Legislation AMSA has begun development of broad legislative amendments to the Clean Water Act to address urban wet weather issues and state authorities to regulate nonpoint sources of pollution. The amendments will address key issues of concern for AMSA members and will include language that: 1) codifies EPA's combined sewer overflow (CSO) policy; 2) clarifies sanitary sewer overflow (SSO) liabilities; 3) clarifies stormwater program requirements; and, 4) establishes clear authorities for states to regulate nonpoint sources of pollution. AMSA expects that development of the proposal will be completed by the end of April. Members will be requested to comment on draft versions of the proposal (via an upcoming Legislative Alerts), and to champion the proposal with their Congressional representatives during AMSA's 1998 National Environmental Policy Forum in Washington, DC in May. As a companion piece to the legislation the National Office is developing an overall urban wet weather action plan to incorporate AMSA activities on both legislative and regulatory initiatives. AMSA Meets with EPA Air Office on Draft POTW MACT Proposal AMSA's Air Quality Committee leadership met with EPA's Office of Air Quality Planning & Standards this week to discuss the Association's review comments on the advance draft preamble and rule for the proposed POTW MACT Standard. (A summary of AMSA's comments appeared in the 11/21/97 FaxAlert.) Based on the draft proposal currently at the Office of Management & Budget for final review and approval, no existing POTWs will be required to install controls for hazardous air pollutants (HAPS). EPA acknowledged at the meeting that clarifying language changes will be made to the proposal's preamble and rule based on AMSA's comments. This week's meeting focused on several unresolved policy issues. AMSA strongly recommended that EPA not exclusively rely on emissions estimates generated from its WATER8 model, but allow other more predictive models of wastewater emissions. AMSA urged EPA to allow direct emission source testing data should any ambiguity exist whether a facility is a major source of HAPs. AMSA also recommended clarification of the nomenclature used to divide the POTW community into two categories. EPA indicated that some changes will be made to the rule's preamble based on information presented by AMSA. EPA will also consider this information in any reevaluation of the MACT floor determination. EPA will proceed with the proposed MACT package and use the comment period to solicit further input. AMSA's National Office will distribute copies of the proposal to the membership via a Regulatory Alert following the its anticipated May publication in the Federal Register.