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July 12, 2000
Browner Signs New TMDL Rule
On July 11 U.S. Environmental Protection Agency (EPA) Administrator Carol Browner signed a rule enacting controversial total maximum daily load (TMDL) program revisions. The action would “ control the greatest remaining threat to America's waters — nonpoint source pollution,” she said. President Clinton called EPA's action a “critical, common-sense step.”In finalizing the rule, the administration upgraded it to “major rule” status, which gives Congress 60 days to review it and strike it down. EPA has also adjusted the effective date of the rule to October 1, 2001, which coincides with the delay that Congress would have imposed with a rider in an emergency funding bill. The TMDL rider was inserted in a $20-billion emergency appropriations bill. When the president signs the bill — including the TMDL rider — into law on July 13, it will bar the Agency from spending fiscal year 2001-2002 funds to implement the rule. Publishing the rule in the Federal Register before the president's signature on the funding bill allows the Agency to finalize the rule. However, there may, be legislative attempts to nullify the rider and allow EPA to begin implementing the new rule before October 2001.
The latest move to finalize the rule is not likely to end the controversy — or the attempts to stop the rule. Other, more drastic riders are likely to crop up in several pending appropriations bills — including EPA's. The opposition is rallying and nonpoint source issues are clearly rising on the national agenda. Last week, AMSA sent a letter of support to EPA and White House officials that said, “the TMDL rule provides an initial framework for attacking the remaining water quality problems on a watershed basis and for allocating pollution control responsibilities according to relative contributions.” As a supporter of the rule, after thorough consideration and discussion, AMSA will seek opportunities to engage in the debate based on the direction of AMSA's leadership.
From an initial analysis of the rule and indications from EPA headquarters, the National Office believes that, although the rule is not perfect, its strong stance on nonpoint source pollution and state implementation plans look favorable for POTWs — especially those on waters impaired by nonpoint source pollution. The National Office will provide a full analysis and a copy of the rule to the membership via Regulatory Alert this week.
Complete TMDL Rule Now Available Online
In order to weigh in as soon as possible on future AMSA policy discussions, members are encouraged to review the TMDL rule, which is posted as a “pdf” file on EPA's web site at http://www.epa.gov/OWOW/tmdl/. AMSA's summer conference in Louisville next week will be critical — not only in learning about and discussing the implications of the rule, but in charting AMSA policy to continue protecting the interests of the nation's POTWs. Next week's FaxAlert will provide further information on any developments that arise from the conference.