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May 19, 2000
EPA Responds to AMSA's Concerns on Nonpoint Policy
This week AMSA received assurances from U.S. Environmental Protection Agency Assistant Administrator for Water Chuck Fox that EPA remained committed to its longstanding policies regarding nonpoint source pollution and total maximum daily loads (TMDLs). Following the May 1 issuance of a joint statement on TMDLs by EPA and the U.S. Department of Agriculture (USDA), AMSA wrote EPA Administrator Carol Browner with concerns that the agreement might be interpreted as a shift in EPA policy away from enforceable nonpoint source pollution controls and proportion share TMDL allocations between point and nonpoint sources (FaxAlert 05/05/00). In a letter responding to AMSA's concerns, Fox stated “unequivocally that this joint statement does not in any way undercut EPA's long-established policy concerning a state's prerogative to develop and implement regulatory nonpoint source controls.” He also noted that “EPA will not approve a TMDL that lacks a 'reasonable assurance' of implementation for all pollution controls needed to attain water quality standards and will develop TMDLs in states that fail to do so.” AMSA will continue to track all developments regarding TMDLs and respond, when appropriate. The National Office will continue to keep AMSA members informed the membership through FaxAlerts, and Regulatory, Legal and Legislative Alerts.House Agriculture Chair Drops TMDL Delay Bill
This week key members of the House Agriculture Committee joined efforts to delay finalization of EPA's TMDL rule. Chairman Rep. Larry Combest (R-Texas) and Ranking Member Rep. Charlie Stenholm (D-Texas) are cosponsors of The Water Pollution Program Improvement Act of 2000, H.R.4502, “on behalf of farmers, ranchers, woodland owners, local governments and states,” according to a joint statement. The lawmakers say that ” criticisms of EPA's proposed rules generally fall into two categories: 1) lack of authority and 2) lack of information.” The bill would commission an independent study of the economics and technical aspects of TMDL implementation and delay the rule's finalization by 18 months. A similar bill was introduced in the Senate by Sen. Michael Crapo (R-Idaho), who serves as chair of the Senate Environment & Public Works Committee's Subcommittee on Fisheries, Wildlife & Water.AMSA also learned this week that a rider that would prevent EPA from spending funds to implement TMDLs may be added to the 2001 House VA, HUD and Independent Agencies Appropriations bill, which is scheduled for mark up on Tuesday, May 23. AMSA members from across the country will discuss the issues raised by these developments and engage their lawmakers on AMSA's priorities during Capitol Hill visits next week.
AMSA's National Environmental Policy Forum . . . Next Week
AMSA is prepared for a pivotal National Environmental Policy Forum & 30th Anniversary Meeting next week. Meeting participants will hear from a number of policy makers from EPA and Congress throughout the week. Next week's FaxAlert and the June Clean Water News will contain further details.