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April 1, 2005 AMSA Fax Alert

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April 1, 2005

AMSA Submits Comments
on EPA Draft Whole Effluent Toxicity Guidance

AMSA submitted comments (http://www.amsa-cleanwater.org/advocacy/comments/2005-03-31AMSACmtsOW-2004-0037.pdf) to EPA this week on the Agency’s November 2004 draft National Whole Effluent Toxicity Implementation Guidance Under the NPDES Program (http://www.epa.gov/npdes/permitbasics). The comments focused on long-standing issues that still have yet to be addressed by EPA, primarily related to the use of chronic, sub-lethal endpoints, where reasonable potential and permit compliance may be more functions of methods themselves instead of actual effluent quality. The Association is also concerned that the guidance may hinder states which already use better WET permitting approaches and will increase the likelihood that dischargers will receive a WET limit due to the statistics of EPA’s reasonable potential process. AMSA’s preferred method for implementing chronic WET permit limits, where an initial test failure is not a violation but instead triggers accelerated testing and toxicity evaluation steps, was not incorporated into the guidance. The Association plans to continue discussions with EPA on these issues as the Agency works to address comments on the draft guidance.

AMSA Files Two Briefs in Effluent Limitation Guideline Litigation
This week, AMSA filed two briefs in Our Children’s Earth Foundation (OCE) v. EPA to support the Agency’s approach to the effluent limitation guidelines (ELG) program both for direct dischargers and the pretreatment program for indirect dischargers. AMSA is an intervenor in this case, in which OCE has alleged that EPA has not: reviewed all ELGs annually; reviewed effluent limitations based on best available technology economically achievable (BAT) and best conventional pollutant control technology (BCT) every five years; issued timely biennial effluent guidelines plans under § 304(m); or adopted a proper 2004/2005 effluent guidelines plan. AMSA’s briefs in the case provide legislative history on Congress’ intent regarding the ELG program and emphasize the appropriateness of EPA’s approaches in this arena in past years. A hearing is scheduled before the U.S. District Court for the Northern District of California on May 11. AMSA’s briefs in the OCE case will be posted to the Association’s Litigation Tracker (http://www.amsa-cleanwater.org/private/littrack/) early next week.

Hotel Deadline Nears for
AMSA’s 35th Annual Meeting and May Policy Forum

The deadline to receive the discounted hotel room rate for AMSA’s 35th Anniversary Annual Meeting, as well as the AMSA/WEF National Clean Water Policy Forum, May 1-4 in Washington, DC, is April 8. After the deadline AMSA must release all unreserved rooms and reservations will be accepted only if space is available with no guarantees that the special conference rate of $219 single/double will apply. Also, the President’s Reception & 35th Anniversary Gala on the evening of May 2, 2005 will be black tie optional and details regarding tuxedo rentals will be in a future AMSA Member Update. The Policy Forum will highlight the latest legislative and regulatory developments in our nation’s Capitol while AMSA’s new name will be unveiled at the 35th Anniversary Annual Meeting. Among the attendees at the Policy Forum will be Representatives Bill Pascrell, Jr. (D-NJ), senior member of the House Transportation & Infrastructure Committee and EPA’s Assistant Administrator for Water, Benjamin Grumbles. Also slated for the program is EPA’s recently nominated Acting Administrator, Stephen Johnson. Don’t delay, call the Marriott at Metro Center, 202/737-2200, and reserve your hotel accommodations today for this historic event. For agenda, hotel and registration information, visit AMSA’s Conferences & Meetings website (http://www.amsa-cleanwater.org/meetings/05nepf/).