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Friday, July 11, 1997
AMSA/EPA Meet to Discuss Section 129 Policy and Legal Issues
Earlier this week, AMSA's Incineration Workgroup leadership met with senior officials from EPA's Offices of Air and Radiation, Water, and Office of General Counsel to discuss policy and legal issues related to the Agency's January 14, 1997 Federal Register notice of additional information under Section 129 of the Clean Air Act to establish new source performance standards and emission guidelines for new and existing solid waste incineration units including units that incinerate municipal sewage sludge. The meeting was requested by AMSA to address concerns raised in the Association's March 17 comments that strongly opposed the Agency's proposal which would potentially result in the elimination of this practice.
While no definitive policy actions were taken at the meeting, several key items were discussed as EPA considers a cost-effective approach to address further emission controls on sewage sludge incinerators (SSIs). AMSA representatives made the case that EPA does not have the authority to regulate SSIs under Section 129 and POTWs are not major sources of hazardous air pollutants under Section 112. Furthermore, AMSA recommended that EPA consider regulation of SSIs under the existing Part 503 sewage sludge regulations if additional controls are required. The control of any potential dioxin releases into the environment appears to be a major factor in EPA's desire to regulate SSIs and could potentially impact beneficial use programs through land application. After EPA's dioxin risk assessment is released later this year, the Agency will have to go back to the court relating to the schedule for Round 2 of the Part 503 regulation. EPA indicated that some of the concerns raised by AMSA may be premature as the Agency is in the initial data gathering stage and pledged to work with the Association over the ensuing months on the various regulatory control options.
House Appropriators Recommend $7.2 Billion for EPA
The U.S. House of Representatives Committee on Appropriations earlier this week recommended a $7.2 billion funding bill for the Environmental Protection Agency (EPA) for fiscal year 1998. The recommended total is an increase of $432.7 million dollars from FY'97 and a decrease of $413.4 million from the President's budget request.
AMSA successfully joined with the California Association of Sanitation Agencies (CASA) and the Public Agencies for Audit Reform (PARA) in lobbying the Committee to include language in its report to remedy problems associated with the Clean Water Act construction grant audit process. In a May 15 letter to Appropriations Chair Rep. Jerry Lewis (R-CA), AMSA noted that situations had occurred where audits of clean water grants have been conducted and findings have been made seeking millions of dollars in disallowed project eligibility costs based on auditor second guessing and re-evaluations of previously approved project costs. In the report, the Committee directed the Agency to uphold all project cost eligibility determinations for EPA grants that are supported by decision documents of the Agency or designated state agency.
According to reports in trade press, Representative Carrie Meek (D-FL) offered an amendment that recommends that the Agency work with Dade County, FL, and provide $2.5 million, to conduct a national demonstration project to identify the most efficient procedures for solving sanitary sewer overflows created by storm water. The amendment was approved by voice vote with no dissenters. For additional information see Legislative Alert 97-4.
Please be advised that there will not be a FaxAlert forwarded on July 18 due to activities related to AMSA's 1997 Summer Conference in Seattle. The FaxAlert will resume on July 25.