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May 7, 1999
Farmers' TMDL Lawsuit May Call for AMSA Intervention
In a TMDL lawsuit with far-reaching implications for municipal dischargers, farm groups are challenging the regulation of nonpoint source pollution under Section 303(d) of the Clean Water Act. The lawsuit — Pronsolino and the American Farm Bureau Federation v. Marcus and Browner (U.S. District Court for the Northern District of California, No. C99-1828) — cuts to the heart of the Act's authority over nonpoint sources, and with the Natural Resources Defense Council and the Sierra Club likely to intervene in the case, AMSA must give serious consideration to joining the case as well. The farmers contend that Section 303(d)(1)(A) of the Clean Water Act “specifically limits the identification and listing of water segments to those that fail to meet water quality standards due to point sources of pollution.” If nonpoint sources are exempt from TMDLs, point sources could bear the entire cleanup burden in waters primarily impaired by nonpoint sources. AMSA's Legal Affairs Committee will take up this issue and pass recommendations to the Board of Directors when it meets on May 25, during the Association's conference in Washington, DC. Federal Report Links 'Dead Zone' to Agricultural Runoff
AMSA is reviewing recently released reports on nutrient loadings in the Mississippi Basin because they lay important groundwork for the comprehensive control of nonpoint source pollution from crops and pastures, the leading cause of water quality impairment in the country. The six reports were compiled by the White House's Hypoxia Working Group, which has spent the last 18 months researching the causes of the Gulf of Mexico's “dead zone” and the costs and benefits of addressing the problem. The six reports contain information on the characterization of hypoxia; the ecological and economic consequences of hypoxia; the sources of nutrients in the Mississippi Basin; the water quality effects of reducing nutrient loads; evaluating methods for reducing nutrients; and evaluating the costs and benefits of reducing nutrient loads. Comments on the reports are due Aug. 2, 1999.AMSA plans to submit comments on the report after discussion and review by the Water Quality Committee. The reports are available on-line via EPA's web site at www.epa.gov/msbasin. Based on the reports and comments, the National Oceanic & Atmospheric Administration will compile an integrated assessment for the White House Committee on Environment and Natural Resources (CENR) and Mississippi River Gulf of Mexico Watershed Nutrient Task Force. The CENR must then report its recommendations to Congress by May 2000. The reports find that the most feasible approach to reducing nitrogen in the basin is to reduce the over-application of commercial fertilizers. This approach, combined with targeted wetlands restoration would cost-effectively achieve a 20 percent reduction in nutrient loadings in the basin. The reports also discuss point/nonpoint trading and demonstrate that municipal sources account for less than 5 percent of nutrients in the Mississippi Basin.
National Environmental Policy Forum Deadline Approaching
The registration deadline for AMSA's upcoming conference, May 22-26 in Washington, DC is May 14. After this date, registration will be handled on-site. For further information visit AMSA's web site at www.amsa-cleanwater.com or call the National Office at 202/833-AMSA.