Click Here to see previous Fax Alerts
May 25, 2000
Widespread Opposition Casts Doubt on TMDLs' Future
During AMSA's 30th Anniversary Annual Meeting and National Environmental Policy Forum, there were a number of legislative and political developments relating to TMDLs that — depending upon the U.S. Environmental Protection Agency's (EPA) response — could affect AMSA's support for the rule. The next few weeks leading up to the finalization of the TMDL program revisions are critical in AMSA's determination of whether to support the rule. AMSA will closely monitor EPA's responses to a number of threats to the rule that have emerged over the past week. If the rule is finalized as described by EPA, AMSA will extend its full support. The broad consensus of AMSA members and leadership who gathered this week in Washington, DC was that POTWs are better off with the new rule than without it. At the same time the Association acknowledges the importance of better data and funding for state TMDL implementation. AMSA members and leadership expressed concern that any delay will adversely impact POTWs and water quality by fostering increased TMDL litigation, inequitable allocation of pollutant loadings to point sources and the continuation of water quality impairments from nonpoint sources. A delay of the new rule means that the existing rule will remain in effect.Appropriations Rider May Halt New TMDL Rule
The House Appropriations Subcommittee on VA, HUD & Independent Agencies marked up the appropriations bill on Tuesday, May 23 and added a rider that would delay the TMDL rule. The Committee explains the action is the result of a “multitude of concerns with the timing, impact and cost of the proposed TMDL rule” and notes that “the Committee's action should be interpreted as nothing more than a brief holding action on this rule until these matters get sorted out and further addressed by the EPA, Congress, the States and the business community.” This latest attempt to slow implementation of the TMDL revisions enters a mix of legislation that ranges from “carving out” nonpoint sources from the Clean Water Act to requiring further economic study. Even if the TMDL-delay rider eventually makes it through House-Senate appropriations conference committee and to the president's desk for signature, EPA has pledged to finalize the TMDL regulations this summer and move forward with implementation. AMSA will closely monitor developments and report them to the membership through frequent alerts and updates.Boehlert, Environmental Groups Call for TMDL Withdrawal
Adding to the pressure on EPA to back down from its TMDL revisions, House Water Resources & Environment Subcommittee Chair Rep. Sherwood Boehlert (R-N.Y.) and several environmental groups have urged EPA Administrator Carol Browner to withdraw the TMDL proposal. Despite the opposition, EPA Assistant Administrator for Water Chuck Fox and other EPA officials and staff told AMSA members during this week's Policy Forum that EPA plans to finalize the controversial rule. These groups' call for the withdrawal of the rule, in effect, grants nonpoint sources continued cover. This goes to show you that anything is possible in Washington!Pronsolinos Appeal TMDL Loss
In addition to the intense amount of legislative and regulatory activity on TMDLs in Washington, DC this week, AMSA received notice that Plaintiffs would appeal the Pronsolino decision. Next Week, AMSA members will receive a Legal Alert containing further details on this important development.Attend AMSA's TMDLs Conference This Summer . . . With all the recent activity on TMDLs, AMSA's summer conference, TMDLs . . .Opportunities or Obstacles?, is well timed to provide valuable insights into the future direction of the controversial program. The conference is scheduled for July 18-21 in Louisville, Ky. The agenda is nearly finalized, and AMSA members will soon receive notification by mail. Information on the conference is also posted prominently on AMSA's web site. The deadline for hotel reservations at AMSA's special conference rate is June 15. Members are encouraged to register early for what promises to be a crucial meeting for POTWs impacted by TMDLs.