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September 17, 1999
Court Upholds Permits in Arizona Stormwater Case
This week, the Ninth Circuit Court of Appeals upheld the position of AMSA and Arizona municipalities in Defenders of Wildlife v. Browner and rejected the position of both environmentalists and U.S. Environmental Protection Agency (EPA) that Clean Water Act (CWA) Section 402(p) is ambiguous and that compliance with water quality standards is required for municipal stormwater permits. Earlier this year, AMSA and other municipal organizations filed an amicus brief arguing that the CWA clearly states that municipal stormwater discharges are not required to meet water quality standards. The court relied on the points in the amicus and intervenors' briefs to make its determination. The court's opinion states that “we agree with the intervenors and amici: . . .the Water Quality Act [of 1987] unambiguously demonstrates that Congress did not require municipal storm sewer discharges to comply strictly with [water quality standards].” The decision was released on September 15, and the text is available on the court's web site at www.ce9.uscourts.gov/ in the “Opinions” section under Defenders v. Browner.The court maintained, however, that EPA has the discretion to include either best management practices or numeric limits if it determines that compliance with state water quality standards “is necessary to control pollutants.” The court does not explicitly state that the Agency's discretion is bounded by the limits of what is “practicable.” Still, AMSA, the Arizona municipalities and other municipal groups involved in the case feel the decision is a step in the right direction. Legal-Alert 99-4 will be sent next week and contain further details.
Senate Panel Approves EPA Funding Bill, Supports NBP, SRF
This week, the Senate Appropriations Committee approved the fiscal 2000 VA, HUD & Independent Agencies funding bill, including $1.35 billion for the State Revolving Loan Fund (SRF) and $900,000 for the National Biosolids Partnership (NBP). Last week the House approved its version of the same funding bill with SRF and NBP funding levels that differ only slightly. These minor differences are important because there will likely be little change in the funding levels when the Senate and the House conference to iron out differences in the two spending packages. The Senate Appropriations Subcommittee for VA, HUD & Independent Agencies approved funding the Environmental Protection Agency at $7.3 billion for fiscal 2000. The bill departs from the Clinton administration's EPA priorities by denying money sought for new programs and restoring money the agency would cut from the SRF and giving preference to state grant programs.EPA Administrator Carol Browner responded to the Senate subcommittee's action by saying, “I am deeply concerned about our future ability to protect the nation's public health and environment.” Subcommittee Chairman Kit Bond (R-Mo.) said, however, that the administration had made “the wrong choice” in proposing a 40 percent cut in state clean water revolving funds, and the bill would add $550 million to restore the money. The full Senate Appropriations Committee marked up the bill, and there was no change in the funding levels for either the NBP or the SRF. Bond said he expected the bill to reach the Senate floor next week.
AMSA Files for TMDL Comment Deadline Extension . . .
This week AMSA petitioned EPA for a 120-day comment period in order to thoroughly respond to the Agency's proposed Total Maximum Daily Load (TMDL) regulations and guidance. AMSA urged the extension due to the TMDL proposal's broad scope and significant potential impacts.AMSA Index Responses Due September 24 . . .
he deadline to receive responses to AMSA's annual index of national sewerage rates is September 24. The AMSA Index provides a valuable national snapshot of industry trends. Fax completed questionnaires to Jon Schellpfeffer at 608/222-2703.