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June 28, 2001

AMSA/WEF/WERF Strategic Alliance Discussions Continue
Discussions specific to opportunities for strategic alliances between AMSA, the Water Environment Federation (WEF) and the Water Environment Research Foundation (WERF) have proceeded. The task force focusing on this issue met on June 20 at a facilitated meeting to consider a white paper developed by the executive directors of the three organizations. With the goal of supporting and ensuring achievement of municipal clean water goals, the task force has moved forward with finalization of a report for the leadership of each of the three organizations. We anticipate being in the position to share this report with the Board of Directors at their July 20, 2001 meeting in Milwaukee, Wisconsin.

Technical Action Fund Pledges Top $100,000
Voluntary pledges in support of AMSA’s Technical Action Fund have topped $100,000.00. To date, the Association has received pledges totaling $109, 250.00 – and taken in $78,250 of the monies pledged. This response represents an impressive show of support for the important work undertaken by the Fund. AMSA’s members are to be commended.

AMSA 2002 Budgets to be Presented for Adoption
The National Office, in collaboration with AMSA leadership, has moved forward with work on the 2002 General Fund and Technical Action Fund budgets. The budgets, as presented, will reflect accrual accounting practices, rather than the mix of accrual and cash based accounting previously utilized. The Board will consider the budgets for preliminary adoption at their July 20, 2001 meeting. Additional improvements in accounting practices and processes are planned prior to the end of the calendar year and will be described in detail in the Board materials forwarded to members in advance of the July meeting.

AMSA Staff Briefed on ISO EMS and Sewer Management Initiatives
The spotlight continues on environmental management systems (EMS) as a means to enhance environmental performance and improvement, particularly with NBP’s continuing EMS development and the new AMSA/EPA/WEF partnership to develop a utility-wide EMS. On June 25, AMSA staff were briefed by one of the lead US negotiators on the international EMS standard, International Standards Organization (ISO) 14001, to gain additional understanding on how ISO 14001 was developed and how it has been implemented to date. Chris Bell, of Sidley, Austin also provided a status report on a new French proposal for an international voluntary standard for managing a wastewater system, including collection, treatment, biosolids, and maintenance. A preliminary US response to the French proposal is due July 20, and Bell outlined options for involvement in the development of this international standard. AMSA is coordinating with WEF on this new ISO initiative.

Pronsolino to Be Argued July 9 (Note: Attorney/Client Privileged Information)
Oral argument will be held July 9 before the 9th Circuit (San Francisco) in Pronsolino v. Marcus – the next pivotal Clean Water Act (CWA) case. AMSA is assisting the U.S. Department of Justice (DOJ) in a moot court preparation session for the argument on July 3. The lower California court in Pronsolino found that impaired waters should be listed under CWA 303(d) and be subject to TMDLs without regard to the source of the pollutants – point sources only, nonpoint sources only, or a combination of both. When nonpoint source groups appealed to the 9th Circuit, AMSA filed a brief supporting EPA and DOJ in their argument that nonpoint source-only impaired waters are subject to listing and TMDLs. If the 9th Circuit overturns the California court – an unlikely result – it is expected that Pronsolino will be appealed to the U.S. Supreme Court.

TMDL Litigation Evolves (Note: Attorney/Client Privileged Information)
AMSA may hear before the July 4 holiday how EPA plans to move forward with the litigation over the July 2000 TMDL rule. EPA is certain to extend the effective date of the July 2000 rule beyond the present October 1, 2001 date to allow more time to resolve controversial issues. Accordingly, the 1992 TMDL regulations will remain on the books for some time still. AMSA and other challengers to the rule recommended to the Department of Justice this week that the government pursue settlement discussions in the case through the end of the year, with the hope that we would reach agreement on several changes to the July rules to benefit AMSA members, such as streamlining the listing and delisting procedures and the complex and multi-part TMDL lists required by the rules. Issues unlikely to settle, such as whether nonpoint source impaired waters are subject to listing and TMDLs and the role of implementation plans, might move to briefing through this process. EPA appears to favor a complete stay of the case in order to hold a new public stakeholder dialogue – which AMSA believes will not lead to improvements in the TMDL program in the near future.

Dates and Cities Set for Regional Asset Management Workshops
To complement the asset management handbook, Managing Public Utility Assets to Minimize Cost & Maximize Performance, AMSA will be conducting a series of four regional workshops on this important topic in the Spring of 2002. The curriculum is currently in development and is scheduled to be finalized in late-fall 2001. The National Office Staff has already begun to plan for the four regional workshops and is currently working to secure hotel space. The workshops are scheduled for the following dates and locations:

San Francisco, CA — February 28 - March 1, 2002

Baltimore, MD — April 4 - 5, 2002

Atlanta, GA — April 25 - 26, 2002

Kansas City, MO — June 6 - 7, 2002

We hope to see you, and several members of your staff, at one of the asset management workshops!

Board Materials Near Completion
Development of materials in support of the July 20, 2001 Board of Directors Meeting is nearing completion. Board members should expect to receive their materials on Tuesday, July 10.