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Friday, August 1, 1997

AMSA Urges EPA to Regulate SSIs Under CWA §405
This week, AMSA transmitted a letter to Mary Nichols, EPA's Assistant Administrator for Air and Radiation, as follow up to the July 9, 1997 meeting with EPA's Offices of Air and Radiation, Water, and Office of General Counsel to discuss regulation of Sewage Sludge Incinerators (SSIs) under Section 129 of the Clean Air Act. In the letter, AMSA discussed the consent agreement, Gearhart v. Reilly, which requires EPA to develop regulations for dioxin and PCBs associated with sewage sludge and applies to sewage sludge incinerators and land application of sludge, both of which are subject to regulation under Section 405 of the Clean Water Act. POTWs have been operating under initial 405 regulations for four years and AMSA is encouraging the Agency to consider a mechanism under Round II of Section 405 regulations as a more appropriate location for promulgation of new SSI regulations. AMSA also requested future opportunities to work with EPA as standards and regulations are developed.

AMSA Comments on WET Implementation Issues
Also this week, AMSA forwarded a letter to EPA summarizing the highlights of a June 23-24 stakeholder meeting on WET issues, and urging EPA to eliminate enforceable WET tests as permit limits. In the letter, addressed to Mike Cook, Director of EPA's Office of Wastewater Management, AMSA summarizes the three key points which were discussed at meeting regarding §122.44(d)(ii) determinations and also summarizes six types of data and information which were discussed for inclusion in §122.44(d)(ii) determinations. The letter also urges EPA to eliminate enforceable WET tests as permit limits and to adopt an alternative approach discussed by municipal representatives at the June 23-24 meeting. The alternative approach would shift the NPDES permit to a performance based permit where the permit would outline what is expected of the facility, i.e., detect, find and eliminate causes of in-stream toxicity. Fines and penalties would then be based on the POTW failure to perform and not WET test failures. AMSA members will receive a complete text copy of the letter via Regulatory Alert next week.

EPA's Wet Weather Advisory Group Discusses Watershed Policy
On July 28-29, EPA's Urban Wet Weather Federal Advisory Committee met to discuss the major remaining issues for Committee effort. The Committee has been working for the past two years to develop a document titled, "A Watershed Alternative for the Management of Wet Weather Flows," has made several recommendations for improvements to EPA's stormwater program, and has tried to guide EPA on issues related to water quality standards. Consensus on the watershed alternative was not reached as municipal groups urged EPA to adopt language supporting "proportionate share responsibility" within the document. Small workgroup meetings will be held to pursue consensus within the coming months. EPA was also urged to develop a memorandum encouraging Regions and States to "review and revise water quality standards as appropriate" as described in the CSO Policy, and to also highlight other CSO implementation issues of concern.

Ø We hope you have visited http://www.amsa-cleanwater.org, otherwise known as "Clean Water on the Web." All AMSA member agencies should have received individual login codes and passwords this week via AMSA Membership Update. We encourage you to disseminate this information within your agencies and look forward to your active use of the Web site. Please note that it is possible to modify, add, or delete both login and password codes. Please contact Mark Hoeke at 202/833-9106 or mhoeke@amsa-cleanwater.org to make requests.