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March 24, 2000
AMSA Testifies at Senate Hearing on TMDLs
This week, AMSA's Water Quality Committee Chair Norm LeBlanc, Technical Services Chief for the Hampton Roads Sanitation District, Va., presented testimony on behalf of AMSA before the Senate Environment & Public Works Committee's Subcommittee on Fisheries, Wildlife & Water. The hearing was the sixth such panel convened by Congress to consider the proposed changes to the U.S. Environmental Protection Agency's (EPA) total maximum daily load (TMDL) program. Subcommittee Chairman Sen. Michael Crapo (R-Idaho) opened the hearing by noting the broad scope and impact of the TMDL proposal and that he was “deeply disturbed” that EPA appeared to be “fast-tracking” the proposal's finalization. LeBlanc's testimony presented AMSA's position on TMDLs, which supports the inclusion nonpoint source pollution. LeBlanc noted AMSA's support for other provisions in the proposal as well — implementation plans and public participation. His testimony emphasized that “true water quality gains can only be realized if nonpoint sources are held accountable for their share of water pollution.” The full testimony will be posted on AMSA's web site, http://www.amsa-cleanwater.org.AMSA Counsel Presents Oral Arguments in Key TMDL Case
AMSA presented oral arguments before the United States District Court for the Northern District of California this week on opposing summary judgment motions in the case of Pronsolino v. Marcus. AMSA counsel has participated in concert with counsel for the Department of Justice in an exchange of summary judgment, response, and reply briefs with the Plaintiffs. In preparation for the oral arguments, Judge Alsup asked each party to be prepared to respond to a list of specific questions on the TMDL program. During extensive oral arguments, the judge expressed particular interest in the potential impacts to POTWs from excluding nonpoint sources from TMDL considerations. Further details will be included in AMSA's March Clean Water News. All of the documents pertaining to the case and Legal Alert 00-03, which contains a thorough summary of the proceedings, will be posted on AMSA's web site — http://www.amsa-cleanwater.org.House Science Committee, IG Fault EPA's Biosolids Oversight
This week, the House Science Committee held a hearing regarding the science and development of the Part 503 biosolids rule. Committee members heard from EPA, biosolids land application opponents, and Dr. Cecil Lue-Hing, former Director of Research at the Metropolitan Water Reclamation District of Greater Chicago and past AMSA president. The Committee was greatly concerned regarding the actions of EPA employees in promoting beneficial reuse. The Committee also questioned the state of science and lack of EPA oversight in the implementation of the 503 rule. Concerns arose over the findings from a March 20 EPA Office of Inspector General report, “Biosolids Management and Enforcement” (Report Number 2000-P-10). The report found that of the 3,700 POTWs that must annually report to EPA Regions on biosolids quality, “EPA reviewed only about 38 percent.” The report recommends that the Assistant Administrators of the offices of Water and Enforcement “provide, by the end of fiscal 2001, an analysis of whether the agency's proposed actions provide sufficient basis for assessing compliance with Part 503 and assuring the public of the protectiveness of land application practices.” Complete testimony from the hearing can be found at http://www.house.gov/science /106_hearing.cfm#Full_Committee. AMSA is preparing a Regulatory Alert to provide further details on the report and EPA's next steps.