Member Pipeline - Fax Alerts - September 12, 2003
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September 12, 2003
EPA Sends Blending Guidance to Office of Management and Budget for Review
Spurred by continued discussion between AMSA and key EPA staff, the Office of Water has sent its draft blending guidance to the Office of Management and Budget (OMB) for review. This marks an important step in the overall process of securing a national blending guidance and has served as the voice their support for a reasonable blending guidance. AMSA has been the voice of the wastewater community citing the importance of allowing publicly owned treatment works to blend peak excess flows in full compliance with effluent limits contained in their permits. AMSA continues to assert that blending is not a bypass under the Clean Water Act or EPA regulations and has urged EPA to clarify that permitting agencies may incorporate blending in permits. To date, OMB has provided no indication of any changes they may want to make in the guidance. Following OMB review, EPA will release the guidance for public comment. AMSA will provide more information in future Updates and Alerts as they become available.AMSA Files Supreme Court Amicus in Pivotal Clean Water Act Case
On Wednesday, AMSA submitted its amicus brief to the U.S. Supreme Court in a Clean Water Act (CWA) case, South Florida Water Management District v. Miccosukee Indian Tribe of Florida that could potentially lead to the restructuring of National Pollutant Discharge Elimination System (NPDES) program. AMSA and member agency the New York City Department of Environmental Protection (NYCDEP) urged the Court to overturn an Eleventh Circuit decision that dams, levees, flood control, and other local government water transfer and management structures “add” pollutants, and thus should receive NPDES permits. The Eleventh Circuit's decision, if not overturned, will add over two million dams and diversion structures nationwide to the NPDES program. AMSA feels that the water quality impacts of such water management structures should be evaluated and controlled, but directs the Court's attention to federal and state law provisions other than the NPDES program to accomplish this goal. AMSA is joined in the brief by the Association of Metropolitan Water Agencies (AMWA), the American Water Works Association (AWWA) and the National Association of Flood and Stormwater Management Agencies (NAFSMA). The brief is available on AMSA’s website at http://www.amsa-cleanwater.org/private/littrack/.AMSA Encouraged by Proposed Changes to Effluent Guidelines
On September 10, 2003, EPA published a proposed rule to amend certain provisions of the Centralized Waste Treatment Effluent Guidelines. AMSA, along with several industrial stakeholders, met with EPA on August 7, 2003, to discuss the proposed revisions, and to encourage the Agency to make additional changes, including the removal of molybdenum limitations from the organics subcategory. AMSA’s Pretreatment and Hazardous Waste Committee Chair, Guy Aydlett, Director of Water Quality at Hampton Roads Sanitation District, Virginia Beach, Va., highlighted the fact that the Agency’s recommendation of biological treatment for organic wastestreams does not consistently or effectively remove metals; therefore, a limit on molybdenum is not only unachievable, but unwarranted. EPA is now considering whether to delete the molybdenum limitations from the organics subcategory, but is seeking additional data to show the appropriateness of such a change, including data characterizing influent and effluent pollutant levels from facilities using biological treatment to treat organic wastestreams. AMSA will solicit input from the membership in an upcoming Regulatory Alert, and will comment during the 30 day public comment period.