Click here to see previous Board Briefs
May 30, 1997
AMSA/EPA Discussing Development of Model Risk Management Plan for POTWs . . .
EPA has informed the National Office that funding assistance is available for AMSA to take the lead in developing a model risk management plan (RMP) for wastewater utilities. The American Water Works Association Research Foundation, through an existing EPA grant, is developing a model RMP for drinking water utilities which is scheduled for completion in late summer of 1997 and may have elements that are applicable to wastewater facilities, such as chlorine. EPA and AMSA are discussing several options to develop a model RMP for wastewater facilities to facilitate compliance by POTWs in states that are interested in assuming the Clean Air Act's Section 112(r)(7) federal program. Under this section, EPA is required to promulgate regulations and appropriate guidance to provide for prevention and detection of accidental releases of chemicals and for response to such releases. The regulations require the owner or operator of stationary sources at which a regulated substance is present to prepare and implement a RMP that must include a hazard assessment that evaluates the potential effects of an accidental release of any regulated substance and must also include a five-year accident release history. Regulated sources have until June 21, 1999 to comply with the RMP requirements. A recommendation to the Board regarding AMSA participation is expected before the Summer Conference in July.
AMSA Reviewing Contractor Proposals for Conducting CMP Pilot Project for Pretreatment Alternative Control Mechanisms . . .
AMSA and the Silver Council held a pre-bid meeting for prospective contractors at the National Office on May 8 to discuss the Association's request for proposals to conduct a demonstration project using the photo processing industry as a model to evaluate the use of alternative compliance mechanisms as a means of controlling wastewater discharges in streamlining local pretreatment limits. Bids were due on May 27; contractor selection will be made the first week in June with an anticipated project startup date of July 1997. The AMSA/Silver Council "Code of Management Practice (CMP) for Silver Dischargers" will be used as the model approach for controlling silver discharges. A total of seven communities will be studied; 5 cities implementing the CMP as a best management practice; one city using a general permit mechanism; and one using a flow-adjusted concentration-based limit. The total grant assistance requested from EPA is $150,000, to be augmented by in-kind services from AMSA and up to $50,000 furnished by the Silver Council.
AMSA Requests WERF Withdrawal of RFP to Conduct Hazardous Air Emissions (HAP) Study of POTW Collection Systems . . .
AMSA's National Office, in conjunction with the Air Quality Committee leadership, sent a letter and accompanying analysis to the Water Environment Research Foundation on May 30 as part of WERF's official appeals process to request permanent withdrawal of a proposed request for proposal to conduct a study of HAP emissions from POTW collection systems. The analysis determined that the RFP was premature and did not accurately reflect the current state of affairs regarding control of HAPs from POTWs. AMSA has been working closely with EPA' s Office of Air & Radiation over the past four years on this issue. These efforts have demonstrated that few POTWs are major sources of HAPs and that innovative and appropriate source control and pretreatment programs are the most effective and cost-efficient technology available to POTWs to reduce HAP discharges into and emissions from collection systems and POTWs. A conference call between AMSA and WERF's Project Subcommittee is anticipated in June to discuss this matter.
AMSA Pretreatment Streamlining Initiatives . . .
AMSA expects to receive an interim draft of EPA's proposed pretreatment program streamlining regulation for review by the membership in early June. A 30-day review period is anticipated. EPA is considering several simplifying changes to the pretreatment program that would reduce the current burden to POTWs and industrial users. These potential changes will provide anticipated flexibility to POTWs and may include exclusions or variable requirements for smaller facilities that contribute insignificant amounts of pollutants, clarification of requirements for implementing pretreatment standards, and more flexible reporting, inspection and sampling requirements. A meeting was held on May 21 between AMSA's National Office and Pretreatment & Hazardous Waste Committee leadership with officials from EPA's Office of Enforcement & Compliance Assurance to discuss streamlining issues and criteria related to significant noncompliance (SNC) and significant industrial users. While OECA remains cautious about allowing revisions to SNC and SIU, the review process will allow AMSA further opportunities to meet again with enforcement officials to iron out issues of mutual concern. The proposed rulemaking is anticipated in the Federal Register by December 1997. In a related activity, AMSA, in conjunction with EPA and other interested stakeholders, will sponsor a meeting in Chicago, IL on June 26-27 to develop a white paper to facilitate pretreatment reinvention through voluntary, local pilot projects.
AMSA Weighs in on Audit Issue
The National Office forwarded a letter on May 15 to the leadership of the House Appropriations Subcommittee on VA, HUD and Independent Agencies requesting committee action to address ongoing problems with Clean Water Act construction grant audits. At issue is second guessing and re-evaluations of previously approved project costs by auditors that result in situations where municipalities have been asked to return grant assistance based on perceived program shortcomings and can sometimes jeopardize local bond ratings or raise borrowing costs. To remedy the problem, AMSA requested that the committee include language in its report to 1998 appropriations legislation for the Environmental Protection Agency (EPA) which directs the Agency to uphold project costs eligibility determinations that are supported by decision documents (such as engineering and construction contracts, grant payments, approvals of plans and specifications) except in cases where EPA can show that the original decision was arbitrary, capricious or an abuse of law at the time that the decision was made. Similar letters were forwarded by members of the Public Agencies for Audit Reform.
AMSA Web Site Being Readied for Launch
Following Board authorization in May, the National Office has quickly moved ahead with preparations for the launch of AMSA's Web Site, scheduled for mid-July. The site will feature both public access and "members only" components. AMSA member agencies will find themselves with a new way to access AMSA's outreach and communication tools, track new legislative and regulatory developments and stay informed of upcoming conferences and events. Each AMSA member agency will have a unique login code and password, allowing organization staff to maximize their use of Association information and their participation in national legislative and regulatory policy development.
Key features of the "members only" component will include, but are not limited to, index and text of AMSA Alerts and Updates searchable by key word; on-line form access for meeting registration and address changes; membership and committee rosters with searchable database capabilities; direct link to the full text Clean Water Act; directory of key Environmental Protection Agency and Capitol Hill contacts; and, a AMSA National Office staff directory with direct links to staff e-mail addresses. Look for AMSA at http://www.amsa-cleanwater.org in July.
AMSA Committee Structure Finalized
Discussions regarding the structure through which AMSA will address watershed management issues have continued since the Board's consideration of the issue in May. With considerable input from AMSA's leadership, President Cecil Lue-Hing has determined that it is appropriate to shift the responsibility for AMSA's involvement in -- and response to -- watershed management issues from the existing Comprehensive Watershed Management Committee to a newly-formed Watershed Management Workgroup of the Regulatory Policy Committee. This workgroup, to be chaired by Margie Nellor of County Sanitation Districts of Los Angeles County will serve a coordinating role among relevant special committee efforts and review and assign new watershed issues and initiatives within AMSA's committee/workgroup/working group structure. Other recent changes to AMSA committee structure include the renaming of the Privatization Workgroup to the Competitiveness Workgroup.
Planning & Bylaws Committee to Meet Next Week
AMSA's Planning & Bylaws Committee will meet next Friday and Saturday, June 6-7, in San Francisco, California. Preliminary agenda items include membership structure, dues structure, organizational issues, AMSA's role in regional and state issues, and Web Site policy issues. The Committee's report will serve as a stimulus for consideration of organizational and strategic planning issues at the July 18 Leadership Retreat.
Plans for July Leadership Retreat Underway
Board members are reminded to be sure their plans to attend AMSA's 1997 Summer Conference, Point and Nonpoint Sources. . . Balancing Responsibility for Pollution Prevention, next month in Seattle include participation in our July annual Leadership Retreat and July Board of Directors Meeting. The retreat will take place the afternoon of Friday, July 18, and will be followed that evening by a special social function. The Planning & Bylaws Committee plans to present a slate of issues for facilitated discussion (see related Board Brief entry). The success of the retreat is ensured by a high level of participation among AMSA's Board and committee leadership -- all are urged to attend. The retreat will be followed on Saturday morning, July 19, with our regular summer Board of Directors meeting.
Competitiveness Handbook/Workshop Proposal Under Review
On Monday, June 2, AMSA's Executive Committee will give consideration to a proposal titled, Thinking, Getting and Staying Competitive -- An AMSA Handbook and Workshop(s), submitted to AMSA by Ken Rubin of Apogee Research, Inc. and Alan Manning of EMS Services, Inc. The concept for the proposal was developed in cooperation with the National Office, and is supported by the leadership of the Association's Competitiveness Workgroup. There is also the potential that AMSA and the Association of Metropolitan Water Agencies (AMWA) could partner on this project. Following Executive Committee consideration next week, the Board may be asked to review and respond to a recommendation to proceed with this new project.
AMSA Continues Legislative Outreach
National Office staff met again this week with key staff from local and state organizations to discuss common positions and priorities regarding reauthorization of the Clean Water Act. As we heard from Congressional leaders last month at our National Environmental Policy Forum, the Clean Water Act is anticipated to see action during the 105th Congress. Majority and minority leadership and staff for the House Transportation & Infrastructure Committee are encouraging AMSA and other Clean Water Act stakeholders to enter into negotiations with each other this year in an effort to reach consensus on key CWA issues. Committee staff urged this cooperation during a May 20 meeting they called to provide follow up to an April 25 bipartisan letter by the committee's leadership that urged cooperation among stakeholders in the development of CWA legislation.