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March 3, 2000
Senate Comes Down Hard on TMDLs
This week, the Senate weighed in on the U.S. Environmental Protection Agency's (EPA) proposed changes to the total maximum daily load (TMDL) program, marking the fourth congressional hearing on the embattled program in a month. The Senate Environment & Public Works Committee's Subcommittee on Fisheries, Wildlife & Water heard testimony on the costs and impacts to states of the TMDL proposal. Subcommittee Chair Sen. Michael Crapo (R-Idaho) was highly critical of the proposal. In his statement, he faulted the Agency and its proposal for requiring the submission and approval of state TMDL implementation plans, targeting certain forestry operations for National Pollutant Discharge Elimination System permits and for not adequately involving private landowners and other impacted stakeholders affected by the proposal. Crapo expressed alarm at EPA's schedule for finalizing the TMDL program changes and said “This suggests to me that this rule is being fast-tracked in the face of overwhelming concern from states, communities, and stakeholders —even other departments within this Administration.” Other key senators were also critical of the proposal. Sen. Bob Smith (R-N.H.), Chair of the Senate Environment & Public Works Committee, said “I believe that we achieve better results if we work with the States and landowners, instead of against them, as EPA has done.” Smith listed his main concerns: possible conflicts between the TMDL program and voluntary state programs; lack of adequate water quality data on which to base listing decisions; and the “massive financial and resource impact on the States and private sector.” Sen. Ron Wyden (D-Ore.) shared these concerns, adding that TMDLs should be coordinated with efforts to recover endangered species. EPA Assistant Administrator for Water Chuck Fox countered the criticism. “Some who have commented on the proposed regulations have suggested that we are asking the country to take too great a step toward cleaner water and that we should set aside these proposals,” Fox stated. “I respectfully and strongly disagree.” AMSA will continue to inform lawmakers of the importance of addressing all sources of impairment, including nonpoint.AMSA Urges Validation of Alternative Mercury Test Method
This week, AMSA formally requested EPA to develop a schedule, in writing, for the validation and approval of EPA Method 245.7. The low-level mercury test method, if approved, will have a critical impact on cost-effective pollution prevention monitoring. AMSA petitioned EPA to conduct a rulemaking process to validate and approve EPA's draft Method 245.7 as an economical alternative to the extremely costly Method 1631. Despite early indications from EPA that it would proceed with the final validation process, AMSA has learned that due to dramatic budget cuts within EPA, there will be no further efforts associated with validation studies for the draft Method 245.7. AMSA will continue to work with EPA on adopting the method.AMSA Comments on EPA TMDL Listing Change . . .
This week, AMSA prepared comments on EPA's February 2 proposal to revise the TMDL regulations by eliminating the regulatory requirement that states submit to EPA by April 1, 2000, lists of impaired and threatened waters. AMSA supported the elimination and recommended that EPA require the listing data to meet certain standards and adopt final criteria for delisting waters.