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August 6, 2004 AMSA Fax Alert

Member Pipeline - Fax Alerts - August 6, 2004

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August 6, 2004

AMSA Continues
to Garner Media Exposure on Clean Water Issues
The latest edition of the Great Lakes Commission newsletter, The Advisor, features AMSA’s Executive Director, Ken Kirk, in a point-counterpoint article supporting the environmentally sound practice of blending. Kirk emphasized the need for EPA to continue its support for blending and outlined the negative environmental impacts that would result if the practice was prohibited. Kirk noted that municipalities “would have to foot a bill of over $200 billion in upgrades for treatment plants if blending were prohibited – money that could be better spent on projects that would have tangible water quality benefits.” The counterpoint to AMSA’s position was written by Clean Water Action – a national environmental activist organization. EPA is continuing to review comments on its proposed blending guidance and action is not anticipated until after the November presidential election [see related legal story below]. AMSA was also recently quoted on the need for increased funding for wastewater infrastructure in several media outlets across the country, including the Macon Telegraph, Ga., the Duluth News-Tribune, Minn., and the Kansas City Star, Mo. These, and other articles, can be found on AMSA’s Newsroom site (http://www.amsa-cleanwater.org/advocacy/releases.cfm).

AMSA's Legal Cases Stay Hot This Summer
This week, AMSA and other parties challenging EPA's November 2002 whole effluent toxicity (WET) methods filed with the U.S. Court of Appeals for the District of Columbia Circuit the comprehensive volume of relevant rulemaking documents that the Court will use to determine the methods' validity. The submittal to the court contained technical studies, data, and other information that was submitted by municipal agencies or used by EPA in the WET test method rulemaking. Oral argument in this case is scheduled for October 15, with a decision on the WET methods expected in the months thereafter. AMSA was also granted participation by an Ohio federal court in a case to support the City of Cincinnati’s stormwater fee dispute with the U.S. Government. A federal facility within the City’s service area has refused to pay over $100,000 in past-due invoices for stormwater services, alleging the fees are an impermissible "tax" on the federal government. AMSA will file its first documents later this month. Finally, a motion has been filed to reactivate the case challenging various EPA regions' inconsistent approaches to blending. Appellants assert that EPA cannot commit to finalizing the blending policy and thus briefing of the case should begin. AMSA has a pending motion to intervene in the appeal. The Association will provide more information to the membership on these important issues in the coming weeks.

AMSA Seeks
Member Input on 2004 Pretreatment Workshop Agenda

AMSA has begun to develop its agenda for the 2004 National Pretreatment Coordinators Workshop, scheduled for October 27-29, in Norfolk, Va. The 2004 Workshop will build on past successes and allow clean water agencies, EPA, and state representatives the opportunity to share knowledge on numerous technical challenges facing pretreatment professionals. Attendees will also have the opportunity to discuss current Agency pretreatment program initiatives and exchange ideas that can help improve pretreatment programs around the nation. AMSA values member expertise in the pretreatment arena and encourages members to submit topic and/or speaker ideas for the Workshop to National Office Staff. The Association would also like to extend an invitation to those member agencies who wish to volunteer for the working group charged with creating the Workshop agenda. Contact AMSA’s Will Pettit as soon as possible at 202/833-3280 or wpettit@amsa-cleanwater.org if you have topic ideas or would like to volunteer in helping shape the Workshop agenda. AMSA will begin holding conference calls next week to discuss agenda topics.