Member Pipeline - Fax Alerts - September 6, 2002
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September 6, 2002
FBI Security Counsel Addresses AMSA Legal Group
This week AMSA member agency attorneys discussed ways to protect sensitive POTW information such as vulnerability assessments with Steve Chabinsky, Principal Legal Advisor for the Federal Bureau of Investigation’s National Infrastructure Protection Center. Chabinsky, speaking on AMSA’s fourth Late Breaking Legal Issues conference call, commended AMSA’s Legal Issues in a Time of Crisis as an excellent resource on security legal issues. Given that the federal Freedom of Information Act (FOIA) and parallel state laws favor disclosure of government information, Chabinsky outlined what POTWs can do if they believe information in their vulnerability assessments should not be released. These steps include taking advantage of federal and state disclosure exemptions that protect information if it: is “in the public interest”; would be privileged in civil litigation; is “purely internal” data; or could result in circumvention of the law if released. For more detail on these issues, see the February 2002 Legal Perspectives, posted on the Member Pipeline at http://www.amsa-cleanwater.org/private/legalp/2002-2legalp.cfm. The Checklist can be obtained at http://www.amsa-cleanwater.org/pubs/publist.cfm.
Wet Weather Enforcement Remains High on Official Agendas
Wet weather and combined sewer overflows (CSOs) remain a top priority for EPA and the states according to key officials in attendance today with AMSA at an enforcement roundtable. John Cruden, Deputy Assistant Attorney General for the Department of Justice’s (DOJ’s) Environment Division, noted that municipal wet weather enforcement cases remain a key element of DOJ’s enforcement portfolio. DOJ also is bringing more criminal prosecutions in cases involving the intentional submission of false environmental reports. He noted that in times of heightened security, regulators must be able to rely on submitted reports, particularly those addressing stored chemical volumes. EPA Region III Administrator Don Welsh confirmed that wet weather and CSOs also remain a regional enforcement priority. In his remarks, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA) John Paul (J.P.) Suarez indicated his focus will be on achieving fair results, and that he will seek to resolve inconsistencies between program office and OECA regulatory interpretations.
AMSA Continues Push for Security Funding Legislation in Senate
AMSA this week met with key staff of the Senate Environment & Public Works Committee to provide background and information in support of Senate action on legislation reflecting the provisions in H.R. 5169, the Wastewater Treatment Works Security Act of 2002 (See AMSA FaxAlert, July 26, 2002). During the meeting, Senate staff expressed concern regarding H.R. 5169’s provision that EPA “may not” ask applicants for their vulnerability assessments as a condition of funding. This issue may be the source of considerable debate as this legislative initiative moves forward.
EPA Leadership/Association Executives Briefed on EMS Report
Jim Hanlon, Director of EPA’s Office of Wastewater Management, joined Water Environment Federation (WEF) Executive Director Bill Bertera and AMSA Executive Director Ken Kirk for a briefing on the findings of the Environmental Management System (EMS) Integration Project Workgroup. The project was a joint initiative of AMSA, WEF and EPA. The primary conclusion of the Workgroup was that it is both feasible and desirable to consider and integrate a variety of management initiatives in the context of a continual improvement management system framework. Important real-world perspective was added to the briefing by EMS Integration Project Workgroup Member, John B. Cook, Assistant General Manager of the City of Charleston Commissioners of Public Works, SC. Additional information on the final report of the workgroup and potential next steps will be forwarded to AMSA’s membership soon.