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March 28, 2003 AMSA Fax Alert

Member Pipeline - Fax Alerts - March 28, 2003

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March 28, 2003

AMSA Urges Exemption for POTWs from Chemical Security Act
AMSA sent a letter this week to Senators James Jeffords (I-VT) and Jon Corzine (D-NJ), cosponsors of the Chemical Security Act of 2003 (S.157), urging them to exempt POTWs from the legislation. Under S.157, some POTWs that use chlorine would be defined as “chemical sources” under Clean Air Act section 112(r) and would be required to reduce or remediate the potential security vulnerabilities created by this “chemical source.” AMSA’s primary concern is that S.157 would be duplicative of many of the security measures currently underway at POTWs, such as performing vulnerability assessments using AMSA’s Vulnerability Self Assessment Software Tool (VSAT). AMSA will continue to meet with key congressional staff on this issue and will keep members fully apprised of any developments regarding S.157. AMSA’s letter is available at http://www.amsa-cleanwater.org/private/legreg/outreach/03-24-03csa.pdf.

AMSA Motion Uncovers Damaging "Rulemakings" on Blending
Action in AMSA's blending and sanitary sewer overflow (SSO) case, Pennsylvania Municipal Authorities Association, et al. v. Whitman (PMAA), heated up on March 21 when the Association filed a motion that strongly opposed EPA's effort to dismiss the case. In PMAA, AMSA, regional POTW group plaintiffs and one city are challenging EPA Headquarters’ and Regions III, IV, and VI’s inconsistent positions on blending and several other wet weather issues. EPA argues that the case should be dismissed because the challenged regional actions are not "final agency actions" subject to court review. AMSA's opposition asserts, however, that the Regions’ positions "represent definitive pronouncements" and have an "immediate impact on the affected entities that have applied for . . . permits or permit renewals." Moreover, AMSA contends that EPA Headquarters must not be allowed to shield the Regions from judicial review "simply by virtue of the fact that it has abdicated its own responsibility to ensure that the [Clean Water Act] . . . is administered in a fair and consistent manner throughout the country." EPA's reply to AMSA's opposition is due April 4, after which the court will decide if the case should proceed. AMSA will keep members up-to-date on developments in this key litigation. AMSA’s motion is available at http://www.amsa-cleanwater.org/private/littrack/03AMSAOppositiontoDismiss.pdf.

AMSA Asks All Members to Send in Their PR Contact Info
Legislative and regulatory policymakers have made it clear to AMSA that hearing from Association members and their constituents is a critical, component to achieving publicly owned treatment works’ (POTW) clean water priorities. To meet this need, AMSA is creating a communications/public relations (PR) listserv to ensure that Association press releases, editorials, and key publications are shared with member PR and communications managers. This will help to ensure a consistency of message, facilitate the exchange of PR ideas and strategy, develop organized grassroots initiatives, and target local media more effectively. Please take a minute to fill out the requested contact information below. If your agency has no official communications representative, please tell AMSA who we should contact for public relations purposes. Please complete the online form below and then click the “submit” button to send the form to AMSA. If you have any questions regarding this initiative please contact Adam Krantz at 202/833-4651 or via e-mail at akrantz@amsa-cleanwater.org.

1) Name:

2) Agency

3) Official Title:

4) Phone Number:

5) Fax Number:

6) E-Mail Address: