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To:

Members, Affiliates & Legal Affairs Committee

From:

National Office

Date:

April 2000

The National Office is pleased to provide you with the March 2000 Legislative Update. The update will provide you with a comprehensive overview of AMSA's recent legislative initiatives and the general outlook on Capitol Hill current to April 11, 2000. The attached Bill Digest provides an abbreviated summary of pertinent legislation that AMSA is currently tracking. If you have any questions or comments, please contact the National Office.

WIN Report Findings Spur New Congressional Caucus
Twenty-one organizations in the Water Infrastructure Network (WIN) are signatories to WIN's funding study entitled, Clean and Safe Water for the 21st Century: A Renewed National Commitment to Water & Wastewater Infrastructure. The report, supported by the nation's cities, mayors, wastewater, water and other groups, found that the funding shortfall in America's water infrastructure sector is due to a decades-long slide in the federal financial commitment to the infrastructure necessary to achieve the goals of the Clean Water and Safe Drinking Water Acts. In response to the report's findings, House Water Resources and Environment Subcommittee Chairman Sherwood Boehlert (R-NY), Ranking Member Robert Borski (D-PA), and other Members of Congress have formed the Water Infrastructure Caucus. At an April 12 press conference on the grounds of the U.S. Capitol, the Congressmen released the report and announced the formation of the Caucus. AMSA members Willie Horton, Executive Director of the Metropolitan St. Louis Sewer District, and Stephen Gorden, Director of the Detroit Water and Sewerage Department, participated in the event. The timing of the report's release gives Congress an opportunity to showcase the financial needs of the water and wastewater sector at events being scheduled in conjunction with Earth Day. The report has been distributed to every member of Congress and is available on AMSA's website.

AMSA Victory in Key TMDL Case Expected to Impact Legislative Discussions
On March 30, 2000, the U.S. District Court for the Northern District of California in the case of Pronsolino v. Marcus upheld the U.S. Environmental Protection Agency's (EPA's) authority under the Clean Water Act (CWA) to develop total maximum daily loads (TMDLs) for waters impaired by nonpoint sources. This is a landmark decision and a major victory for AMSA's membership which risked being held solely accountable for cleaning up impaired waters if nonpoint sources were excluded. AMSA intervened in the lawsuit on the side of EPA to protect the interests of POTWs in the TMDL process.

As a result of the Pronsolino decision, the National Office fully expects an even greater effort by nonpoint source interests to limit the application of the TMDL program to farms, forestry, mining and other nonpoint sources. On April 7, AMSA sent a letter to all Members of Congress announcing the outcome of the Pronsolino case and stressing the need to support EPA's inclusion of nonpoint sources in the TMDL process. Specifically, AMSA encouraged Congress to move forward on the TMDL debate by taking the following steps:

The importance of the decision is clear, considering that at least 40 percent of our nation's water bodies remain impaired, mainly from uncontrolled nonpoint source pollution. AMSA notes that the Pronsolino decision does not provide EPA with any new regulatory authority over nonpoint sources; it does, however, uphold a framework to ensure that all sources of pollution are addressed. The decision affirms the position of AMSA and other point source dischargers that unless nonpoint sources are addressed, water quality goals will never be met. This point is vital to communities that are making significant investments in wastewater infrastructure and must respond to citizens who ask whether they will be able to swim in, fish, or drink the water once these projects are completed.

How can you help on Capitol Hill? AMSA distributed a Special FAXAlert on April 4 asking the membership to make every effort to contact your Members of Congress immediately to explain the importance of the Pronsolino ruling to water quality, and to support the inclusion of nonpoint sources in the TMDL process. The National Office will be issuing a Legislative Alert early next week asking for your calls and letters. If you have any questions, please call Greg Schaner at 202/296-9836.

AMSA Testifies at Senate Hearing on TMDLs
AMSA's Water Quality Committee Chair Norm LeBlanc, Technical Services Chief for the Hampton Roads Sanitation District, Va., presented testimony on behalf of AMSA before the Senate Environment & Public Works Committee's Subcommittee on Fisheries, Wildlife & Water. The late-March hearing was the sixth such panel convened by Congress to consider the proposed changes to the U.S. Environmental Protection Agency's (EPA) total maximum daily load (TMDL) program. Subcommittee Chairman Sen. Michael Crapo (R-Idaho) opened the hearing by noting the broad scope and impact of the TMDL proposal and that he was “deeply disturbed” that EPA appeared to be “fast-tracking” the proposal's finalization. LeBlanc's testimony presented AMSA's position on TMDLs, which supports the inclusion nonpoint source pollution. LeBlanc noted AMSA's support for other provisions in the proposal as well — implementation plans and public participation. His testimony emphasized that “true water quality gains can only be realized if nonpoint sources are held accountable for their share of water pollution.” The full testimony is available on AMSA's web site, http://www.amsa-cleanwater.org.

EPA Letter to Congress Outlines Possible Changes to TMDL Rule
On April 5, EPA sent a letter to House and Senate committee chairmen with jurisdiction over environmental issues. The letter outlines proposed changes the Agency intends to make to its proposed TMDL rule. It appears that AMSA's primary concerns — nonpoint sources, offsets, implementation plans, time tables, and other issues — have been positively addressed by EPA. The proposal drops the requirement that 303(d) lists of impaired waters include “threatened watets” and drops the provision calling for offsets for new or expanding facilities. The Agency also intends to clarify that while all sources of pollution to a water body will be considered in the development of the TMDL, Clean Water Act permits will not be required for diffuse runoff from forestry operations.

In response to EPA's letter, Senate Environment and Public Works Committee Chairman Bob Smith (R-N.H.) on April 6 indicated that he was pleased and that he sees “some progress being made. ” Smith met with EPA's Assistant Administrator for Water, Chuck Fox, to discuss his concerns that EPA's plan to promote “budgets” for water bodies to limit nonpoint pollution would cost farmers and foresters a fortune. However, Smith is expected to introduce legislation this month that would ease their pain by providing for $250,000,000, for fiscal years 2001 through 2007 for grants to states under Section 106(a) of the Clean Water Act.

The final TMDL rule is expected to be issued by the end of June 2000. AMSA's 2000 Summer Conference will focus on the changes and implementation challenges surrounding total maximum daily loads.

House, Senate Committees Voice Interest in Clean Water Act Reauthorization
The efforts of AMSA and its municipal partners to push Congress to improve the nation's wet weather programs are paying off. Momentum is building on Capitol Hill to take action on a package wet weather amendments to the Clean Water Act some time in the next few weeks. As the House and Senate Committees complete work on estuary and clean lakes programs, key staff are indicating that they will next turn to the consideration of wet weather legislation. All sides admit that the window for action could be as short as 4 weeks, which means that wet weather legislation will be on the fast track. Although it is not yet clear which issues will or will not be addressed, both House and Senate staff indicate that the language must have substantial bipartisan support.

The AMSA-led Urban Wet Weather Priorities Act of 2000 (H.R. 3570) and the CSO Control & Partnership Act (H.R. 828) are among some of bills being considered. In the House Water Resources & Environment Subcommittee, Chairman Sherwood L. Boehlert (R-NY) declared his interest in wet weather flows legislation in a March 24 speech. In the Senate, Environment & Public Works Committee Chairman Bob Smith (R-NH) has publicly stated his interest in addressing all wet weather issues together, including combined sewer overflows (CSOs), sanitary sewer overflows (SSOs), and stormwater management, under one approach. In meetings with his Committee's staff, they have indicated a preference to work on wet weather legislation that addresses all programs, and reiterated the House's requirement to focus on bipartisan legislation that could be unburdened by serious controversy.

In order to capitalize on this high-level interest in amending the Clean Water Act, on March 31, AMSA and the other municipal organizations supporting H.R. 3570, sent a joint letter to all members of the House Transportation & Infrastructure Committee urging additional Members to sign on to the bill. In addition, the National Office has encouraged AMSA members via Special FaxAlert and Legislative Alert, to contact their Members of Congress to express support for the bill and urge them to sign on as cosponsors.

We need your support to keep up the pressure and take advantage of this opportunity. Additional cosponsors for H.R. 3570 and messages of support are needed to mobilize key legislators into action on wet weather legislation. We could not have advanced this far without your help. Please take a few moments today to call your Senators and Representatives, or their key legislative aides, to weigh in on the importance of this wet weather legislation to your agency and the nation's POTWs and ask for their vocal support. You may also want to consider talking to your delegation personally during their April recess. You should particularly emphasize the following points:

H.R. 3570 Shifts Debate Towards Broader Wet Weather Legislation
Considering that AMSA started from scratch in 1999, developed a consensus legislative approach that is supported by numerous national organizations (National League of Cities, National Association of Counties, U.S. Conference of Mayors, National Association of Flood & Stormwater Management Agencies, American Public Works Association, and Water Environment Federation), and successfully lobbied for the bill's introduction in the opening days of this session, the recent indications from staff on the possibility of a bill demonstrate the influence of our message on the Hill. Despite the fact that AMSA has only just begun lobbying for additional cosponsors (we now have a total of four), the presence of H.R. 3570 in the House has greatly influenced the debate on wet weather. As a direct result of the bill's introduction, the question on the Hill is now centered around how to craft legislation that addresses the major issues in H.R. 3570. It is clear that no issues have been ruled out or taken off the table at this time. In fact, there appears to be support within the Committees for AMSA's primary issues on sanitary sewer overflows (SSOs), combined sewer overflows (CSOs), urban stormwater, and funding.

The House Water Resources & Environment Subcommittee is convening a meeting of key stakeholders on April 19 in an attempt to achieve consensus on wet weather legislation. AMSA has been asked to participate in the discussions, along with the National League of Cities, Association of State & Interstate Water Pollution Control Administrators, EPA, and several environmental groups. Both majority and minority staff will be facilitating the dialogue, and the sponsors of H.R. 3570 and other wet weather bills will be participating. While it is unclear at this time if consensus can be reached between all the parties, AMSA will continue to advocate for including provisions on regulatory consistency and funding for all wet weather issues, including CSOs, SSOs, and stormwater, similar to those in H.R. 3570. AMSA has made it clear to all parties that it will not support legislation that reinforces the status quo, especially with respect to SSOs. At this point, all issues are still open to negotiation. The House staff plans to distribute a draft set of provisions which will include a mix of language from existing wet weather bills as the starting point for discussions.

EPA Draws Fire from House Science Committee Over Handling of Biosolids Critics
On March 22, the House Science Committee held a hearing regarding the science and development of the Part 503 biosolids rule. Committee members heard from EPA, biosolids land application opponents, and Dr. Cecil Lue-Hing, former Director of Research at the Metropolitan Water Reclamation District of Greater Chicago and past AMSA president. The Committee was greatly concerned regarding the actions of EPA employees in promoting beneficial reuse. The Committee also questioned the state of science and lack of EPA oversight in the implementation of the 503 rule. Concerns arose over the findings from a March 20 EPA Office of Inspector General report, “Biosolids Management and Enforcement”(Report Number 2000-P-10). The report found that of the 3,700 POTWs that must annually report to EPA Regions on biosolids quality, “reviewed only about 38 percent.” The report recommends that the Assistant Administrators of the offices of Water and Enforcement “provide, by the end of fiscal 2001, an analysis of whether the agency's proposed actions provide sufficient basis for assessing compliance with Part 503 and assuring the public of the protectiveness of land application practices” Complete testimony from the hearing can be found at http://www.house.gov/science /106_hearing.cfm#Full_Committee. AMSA members will receive the full report via an upcoming Regulatory Alert.

House Committee Moves Reauthorization Bills for Lakes, Estuaries and Coastal Areas
The House Transportation & Infrastructure Committee is in the process of completing work on several non-regulatory bills that focus financial and technical assistance to the countries lakes, estuaries, and select coastal areas. The Committee voted to approve H.R. 2328 on March 16 reauthorizing the Clean Lakes Program through 2005 at $50 million annually. Also clearing the Committee on March 16 was H.R. 3039, which reauthorizes the Chesapeake Bay Program at $30 million annually through 2005. The House is scheduled to vote on these bills during April. The House Water Resources & Environment Subcommittee approved several Clean Water Act bills on April 5, including H.R. 1237, to reauthorize the National Estuary Program; H.R. 673, the Florida Keys Water Quality Improvement Act; H.R. 3313, the Long Island Sound Restoration Act; H.R. 55, the Long Island Sound Preservation & Protection Act; H.R. 2957, the Lake Pontchartrain Basin Restoration Act; and H.R. 1106, the Alternative Water Source Act. The full Committee has scheduled bill mark-ups for later this week. House Committee staff have indicated that by completing work on these bills, they can now focus on other Clean Water Act issues such as wet weather flows legislation.

AMSA Steps Up Campaign for National Biosolids Partnership Funding in FY 2001
AMSA and the Water Environment Federation (WEF) are requesting $1.3 million in FY 2001 funding for Phase 3 of the National Biosolids Program. Congress approved $900,000 for the Program for the past two fiscal years. The new funding will be used to expand the use of the Program's Environmental Management System (EMS) by pilot communities. In a major show of support for this effort, the bipartisan leaders of the House Water Resources & Environment Subcommittee, Congressmen Sherwood L. Boehlert (Chairman) and Robert A. Borski (Ranking Minority Member) sent a letter on March 15 to the House Appropriations Subcommittee on VA, HUD & Independent Agencies asking for the approval of the full $1.3 million request. A copy of the letter is posted on the AMSA website at http://www.amsa-cleanwater.org in the Correspondence & Outreach section of the Member Pipeline.

The membership has been actively engaged in this campaign. Many members helped by calling or writing their Senators and Representatives on the Appropriations Subcommittees which is certain to make a powerful impact. It is not too late to contact Congress to urge their support for the Partnership's request. Please refer to Legislative Alert 00-2 for specific instructions and a sample letter. If you have not already prepared a letter, it is not too late to do so. If you have any questions, please contact Greg Schaner at 202/296-9836.

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