Member Pipeline - Fax Alerts - September 26, 2003
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September 26, 2003
AMSA Sends Letter to EPA, Budget Office Urging Release of Blending Guidance
AMSA sent a letter to U.S. EPA’s Assistant Administrator for Water, Tracy Mehan, thanking him for his work in moving the EPA draft guidance on blending to the Office of Management and Budget (OMB) for its review. In the letter, which was also sent to John Graham, Administrator at OMB, AMSA reiterated its support for release of the draft guidance for public review and comment as soon as possible in order to stem the tide of anti-blending enforcement and permitting activities saying, “We are encouraged to hear that the Office of Water recently provided a draft national blending guidance to the Office of Management and Budget for its review.” Although AMSA has not yet seen the draft guidance, Mehan has assured the Association that it makes clear that blending is not a bypass when several key conditions are met and that blending will not be subject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. The Association will address remaining publicly owned treatment works’ concerns with the guidance once it has reviewed it and through the comment process, but is pleased with the progress EPA has made on the blending front and is generally supportive of its approach. The letter can be found on AMSA’s website at http://www.amsa-cleanwater.org/private/legreg/outreach/2003-09-24Mehan.pdf.AMSA Obtains Key Storm Water Victory in Ninth Circuit Court Decision
In response to the Association’s March 10, 2003 amicus brief, the United States Court of Appeals for the Ninth Circuit handed AMSA members a true victory when it vacated and reissued its opinion in the legal challenge to EPA’s Clean Water Act (CWA) Phase II municipal separate storm sewer (MS4) regulation (Phase II rule), Environmental Defense Center Inc. v. EPA. The court’s reissued and corrected opinion makes clear that the CWA’s maximum extent practicable (MEP) standard for MS4s is the only standard with which MS4 National Pollutant Discharge Elimination System (NPDES) permits must comply. AMSA’s amicus showed how a previous court’s distortion of the MEP standard in Defenders of Wildlife v. Browner could lead to increased pressure by citizen groups to include numeric effluent limitations to meet water quality standards in MS4 permits. AMSA is extremely pleased with the outcome of the case. Details of the decision will be included in a forthcoming Legal Alert. The court's decision can be accessed on AMSA’s Litigation Tracker at http://www.amsa-cleanwater.org/private/littrack.Security Legislation Sees Action in Senate, AMSA Urges Member Support
The Senate Environment and Public Works (EPW) Committee has filed its bill report on the Wastewater Treatment Security Act of 2003 (S.1039), which passed the Committee on a vote of 13-6. In minority comments, several Committee Democrats, including Ranking Member James Jeffords (I-VT), Max Baucus (D-MT ), Joseph Lieberman (D-CT), Barbara Boxer (D-CA), and Hillary Clinton (D-NY), voiced opposition to the bill saying “S.1039 fails to increase the level of security of our nation’s publicly owned treatment works”. The Committee’s Democrats may block the legislation from moving quickly to the floor. Three of the Democrats, Harry Reid, (D-NV), Bob Graham, (D-FL), and Thomas Carper, (D-DE), initially voted for the bill, but now say they are no longer in favor of the legislation. AMSA is disappointed with these Senators’ lack of support for S.1039 and is poised to move into action should any “holds” be placed on this legislation. AMSA will continue to work with the Association membership to urge key Senators to resolve issues they may have with S.1039 and to move this critical legislation forward. The report can be found on AMSA’s website at http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.