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June 30, 2000
TMDL Rider Sneaks Into Supplemental Appropriations Bill
This week, during conference between the Senate and House on a supplemental appropriations bill containing, among other provisions, emergency funds for Kosovo and Hurricane Floyd relief, Republicans inserted a rider intended to block the administration from using fiscal year 2000-2001 funds to promulgate its total maximum daily loads (TMDLs) program revisions. High level administration officials are weighing their options and developing strategies that will enable the U.S. Environmental Protection Agency (EPA) to move forward with the rule, even without a presidential veto of the entire funding package. This move could easily raise the profile of clean water as a 2000 presidential campaign issue.This latest development raises more questions about the fate of the rule and makes attendance at AMSA's upcoming summer conference — TMDLs . . . Obstacles or Opportunities?, July 18-21 in Louisville, Ky — all the more imperative for those with a stake in the future of the program. The pre-registration deadline for the conference is July 7. Register quickly and easily online at https://www.netstrategies.com/amsa/00julyonlinereg.cfm, or print out registration forms and fax them to the National Office at 202/833-4657. Be sure to sign up for either the 14th Annual AMSA Open golf tournament or for the facility tours scheduled for the afternoon of Thursday, July 20. Registrations received after July 7 will be processed on-site.
Board Approves AMSA's Involvement in Key Lawsuits
This week, based upon the recommendations of AMSA Executive Committee, AMSA's Board voted to involve the Association in three key lawsuits in order to ensure that the interests of POTWs are represented. The cases involve issues of critical importance to POTWs across the country and include the Pronsolino appeal, a challenge of flawed total maximum daily loads listing methods, and support of EPA's permit shield policy.The Executive Committee recommended AMSA's continued participation in Pronsolino v. EPA. On May 23, nonpoint source plaintiffs, including the American Farm Bureau Federation and the American Forest & Paper Association, appealed the opinion, which held that the EPA has the authority under the Clean Water Act to address nonpoint sources in the total maximum daily load (TMDL) program. The U.S. Department of Justice is committing substantial resources to defeating the appeal. AMSA will continue to participate by reviewing documents and assisting the Justice Department in the case.
AMSA will also participate in Piney Run Preservation Association v. Carroll County to protect the integrity of the “permit shield” and to prevent similar suits that hold POTWs responsible for pollutants that are not specifically limited in their NPDES permits. AMSA counsel will prepare an amicus brief in opposition to the U.S. District Court's ruling, which conflicts with EPA's 1994 “permit shield” policy. AMSA's participation was also approved in the City of Anderson v. South Carolina to reinstate an administrative decision that would help POTWs to challenge state and EPA TMDL listing procedures that are based on flawed or unapproved indices.
The Executive Committee also presented information to the Board on a lawsuit involving numeric limits in stormwater permits. The Board will vote on AMSA's participation in this case at its July meeting in Louisville, Ky., when more details will be known on the extent to which AMSA would be involved in the case. In each of these cases, AMSA will seek to minimize legal costs by partnering with other organizations and agencies.
EPA Releases 305b Reports . . . This week, EPA released state 305b water quality reports for 1998. AMSA's June Regulatory Update contains more details, and the full report can be accessed online at http://www.epa.gov/305b/98report/index.cfml.