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August 15, 2003 AMSA Fax Alert

Member Pipeline - Fax Alerts - August 15, 2003

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August 15, 2003

AMSA Releases Report on Potential Wastewater Infrastructure Funding Sources
AMSA’s Wastewater Infrastructure Funding Task Force has taken another important step toward the goal of establishing a dedicated funding source for the nation’s clean water infrastructure, releasing a key report entitled A National Clean Water Trust Fund: Principles for Efficient and Effective Design. This report examines the rationale for setting up a clean water trust fund and the criteria used to determine the feasibility of various funding sources. The report also catalogues viable sources of revenue for such a trust fund and estimates the amount of revenue these sources could provide. AMSA urges its public agency members to share this report with their Boards, local elected and appointed officials, and local business leaders in an effort to heighten the level of discussion on the need for a clean water trust fund.

Although the report does not recommend or seek support for any of the identified funding sources, it describes, in detail, four main categories: Polluter Pays (namely, industries that depend directly on wastewater treatment services pay into the fund); Beneficiary Pays (those entities and individuals who benefit the most from wastewater treatment services pay into the fund); the Nation as a Whole Pays (the benefits of clean water accrue to everyone and everyone should pay to ensure this public good); and Specific Groups of Users Pay (funding would be obtained from activities deemed “societal bads” — often called a “sin tax”). A detailed summary of this report was sent to members via Member Update 03-15. The 30-page report is available on the Correspondence and Outreach section of AMSA’s website at http://www.amsa-cleanwater.org/private/legreg/outreach/2003-08-05TrustFundPrinciplesV5.pdf.

EPA Water Chief Tells AMSA that Agency Will Move Ahead on Blending
In a meeting this week with EPA’s Assistant Administrator for the Office of Water, G. Tracy Mehan III, AMSA received assurances that a draft national blending guidance continues to be a priority and will likely be sent to the Office of Management & Budget in the near future. AMSA has also learned from EPA officials that the guidance will make it clear that blending is not a bypass when several key conditions are met and that blending will not be subject to a “no feasible alternatives” test — two important recommendations AMSA consistently has made to EPA throughout discussions on the blending issue. AMSA held a conference call this week with Wet Weather Issues Committee and SSO Workgroup leaders to ensure that, as the blending guidance progresses, it takes into full account the concerns of the publicly owned treatment work community.

On a related note, the plaintiffs in the ongoing wet weather lawsuit — Pennsylvania Municipal Authorities Association v. Whitman (PMAA) — sought an injunction against EPA this week, urging the United States District Court for the District of Columbia to stop EPA Regions from prohibiting the practice of blending until the court makes a final ruling on the issue in the PMAA case. AMSA is an intervenor in the PMAA suit, which, in addition to awaiting a ruling on the plaintiffs’ motion, also awaits the court’s decision on EPA’s motion to dismiss the suit. AMSA believes the case is ripe for judicial review and has urged the court to allow the case to proceed. The motion for injunction is available on AMSA’s Litigation Tracker at http://www.amsa-cleanwater.org/private/littrack/2003-08-14inj.pdf.


  • On Monday, President Bush nominated Utah’s Governor Michael O. Leavitt to be the next Administrator of EPA. No dates have yet been set for his confirmation hearing. Also, EPA’s General Counsel, Robert Fabricant, announced his resignation from the Agency on Thursday, and will be leaving EPA on September 3.