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April 7, 2000

AMSA Wins Pivotal TMDL Decision
In a precedent-setting court victory for clean water in America, AMSA has helped win the first-ever court opinion on the Clean Water Act's authority over nonpoint source inclusion in total maximum daily loads (TMDLs). On March 30, the United States District Court for the Northern District of California ruled that all sources of water pollution — point and nonpoint — must be included in (TMDLs) (Pronsolino v. EPA, No. C 99-01828). The decision is posted on AMSA's web site, www.amsa-cleanwater.org/private /faxalerts/pronsolino.pdf. With this victory for EPA and AMSA, agriculture and logging interests will intensify their efforts to obtain legislative “carve-outs” from the Clean Water Act for nonpoint source pollution. Anticipating these moves, AMSA is redoubling efforts to inform Congress of the importance of all sources' inclusion in TMDLs. Please refer to the April 4 Special FaxAlert urging AMSA members to contact their lawmakers on TMDLs.

EPA, Senate Meet on TMDL Proposal
Senate Environment Committee Chairman Bob Smith (R-N.H.) met this week with J. Charles Fox, EPA assistant administrator for water, about proposed TMDL rule changes. After meeting with Fox, Smith said, “I am pleased that the administration is listening to citizens' concerns, and taking these issues seriously. I definitely see some progress being made, but you can be sure I will carefully review this latest proposal to ensure that the states retain their current authority to regulate non-point sources of water pollution.” In a letter to Smith, Fox said EPA was responding to state concerns over the cost of enforcement. He said the agency had delayed the required filing date for lists of impaired waters and had devoted more money to assisting states with TMDL implementation.

Congress to Launch Major Water Infrastructure Funding Effort
Prompted by the work of AMSA and other organizations to gain attention for critical water infrastructure needs, Congressional environmental leaders will launch a major, long-term clean and safe water funding initiative next week. On April 12 at 3:30pm on the grounds of the Capitol, Reps. Sherwood Boehlert (R-N.Y.) and Robert Borski (D-Pa.) — the Chairman and Ranking Member of the House Subcommittee on Water Resources & the Environment — will announce the formation of a Congressional Water Infrastructure Caucus. They are to be joined by the leadership of the House Commerce Committee with jurisdiction over drinking water, other Members of Congress with pending clean and safe water bills, a local elected official and a municipal water and wastewater agency official. The Water Infrastructure Caucus will gather political momentum for gaining permanent federal funding solutions for clean and safe water infrastructure by educating Congress and the public on the growing needs. The centerpiece of this effort is the Water Infrastructure Network's (WIN) report Clean & Safe Water for the 21st Century: A Renewed National Commitment to Water and Wastewater Infrastructure, which documents the $23-billion-a-year funding gap for water and wastewater infrastructure and makes the case for a greater federal role in financing the nation's drinking water and clean water needs. In advance of the April 12th release of the report, AMSA members will be able to access the report and press materials on AMSA's web site, http://www.amsa-cleanwater.org. Additional plans call for the distribution of the complete report to all AMSA members by Legislative Alert next week. Complete coverage of the event will appear in the April Clean Water News.