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September 23, 2005 NACWA Fax Alert

Member Pipeline - Fax Alerts - September 23, 2005

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September 23, 2005

OMB Approves Pretreatment Streamlining Rule, EPA Poised to Sign Final Rule
NACWA has learned that EPA’s Pretreatment Streamlining Rule has been approved by the Office of Management and Budget (OMB) and has been sent back to the Agency for final signature. NACWA's years of advocacy on behalf of such a rule have been instrumental in its progress. The Association has consistently pushed for improvements to the rule that would benefit the public and the environment. Specifically, the Association has urged EPA to include two key provisions addressing equivalent mass limits for concentration limits and a more realistic definition of a non-significant categorical industrial user (http://www.nacwa.org/advocacy/co/2005-03-17PretStrmltr.pdf). The Association has also convened meetings with EPA and provided crucial data to advance NACWA’s efforts in the final rulemaking stage. While the details of the final rule remain unknown, NACWA will provide updates to the membership as soon as information becomes available via a Regulatory Alert. EPA is expected to sign the final rule in the coming days.

GAO Survey Seeks Information on Security Efforts
The U.S. Congress recently asked the Government Accountability Office (GAO), an agency that evaluates federal programs and policies for the Congress, to report on activities that crucial wastewater facilities have taken since 9-11 to improve security. To respond to this request, GAO has developed a web-based survey directed at wastewater facilities serving residential populations of 100,000 or greater. The survey will be e-mailed to many NACWA member agency facilities soon. At NACWA’s request, GAO has confirmed that responses will be aggregated with those of other facilities and presented in a report to the Congress in a summary form only. GAO will not release individually identifiable data from this survey, unless compelled by law or required to do so by the U.S. Congress, both of which are highly unlikely. In order to provide Congress with accurate and up-to-date information as it considers action in this area, NACWA members that receive this survey are encouraged to complete it in a timely and thorough manner.

NACWA Fall Leadership Retreat Focuses on Regulatory Issues, Trust Fund Legislation
NACWA held its 2005 Fall Strategic Leadership SessionM this week in Washington, D.C., moving the ball forward on several critical issues relevant to the clean water community. NACWA issue leaders led robust discussions on hot-button topics including blending, sanitary sewer overflows (SSOs), emerging pollutants, overlapping regulations relating to clean water and drinking water, security and NACWA’s trust fund effort. In light of the lack of national guidance on blending and SSOs, NACWA will continue to work with EPA to ensure consistent national programs are established for both of these critical issues. NACWA leaders determined that it is imperative that the Association increase its involvement in the emerging pollutants arena, which is gaining heightened federal attention. Additionally, the leadership agreed that talks between the clean water and drinking water communities must continue to address overlapping Clean Water Act (CWA) and Safe Drinking Water Act (SDWA) concerns. The meeting ended with an interactive discussion on NACWA’s trust fund effort with members focusing on next steps in making the Clean Water Trust Act of 2005 a legislative reality. A more detailed account of the meeting will be included in the August-September issue of Clean Water News.

D.C. Circuit Court Denies Rehearing of Blending Case
This week, the U.S. Court of Appeals for the District of Columbia Circuit denied the request of the Pennsylvania Municipal Authorities Association (PMAA) and other groups to rehear the court’s June 3 decision to dismiss the legal challenge to EPA Region 3, 4, and 6’s anti-blending policies. NACWA is now focusing its efforts on working with stakeholders to craft a viable national policy on peak wet weather flow management. The Association encourages any community whose permit is formally denied, or objected to, because of blending to notify the Association’s General Counsel, Alexandra Dunn at adunn@nacwa.org. This information is critical as NACWA continues to seek clarity on the regulatory provisions applicable to blending.