To:
Members & Affiliates
From:
National Office
Date:
April 26, 2000
Subject:
TMDL Bill Would Delay EPA Rule
Reference:
LA 00-6
The “Water Pollution Program Enhancements Act of 2000” (S. 2417) was introduced April 13, by Sen. Mike Crapo (R-ID) and Senate Environment and Public Works (EPW) Committee Chair Bob Smith (R-NH). According to Crapo, he introduced the bill because he believes that “EPA is moving far too quickly for Congress to stand aside and allow this regulation to move ahead.” Crapo stated, “My disagreement with the proposed rule is not its basic objective, which is aimed at cleaning up our Nation's waters - but the hurried approach EPA has elected to take, and their refusal to address the very numerous, very real concerns, of states, cities, and stakeholders.”
Senator Crapo held two hearings in his EPW Subcommittee on Fisheries, Wildlife and Water on EPA's proposed changes to the total maximum daily load (TMDL) program. AMSA presented testimony at the second hearing earlier this Spring. Although EPA took the unusual step of informing Congress of expected changes to the proposal in the final rule, Crapo says that “States have responded with universal concern to this proposed rule that saddles them with enormous regulatory burdens and exorbitant costs in carrying out their water quality management programs. Not only is this proposal onerous and costly to implement, but States have testified that it is not likely to improve water quality, and in fact, may have a detrimental effect on States with existing programs that have proven to be successful.
The bill would significantly increase funding for sections 106 and 319 under the Clean Water Act. Funding under section 106 would be made available to the States and specifically directed to: 1) collect reliable monitoring data; 2) improve lists of impaired waters; 3) prepare TMDLs; and 4) develop watershed management strategies.
Of the $500 million available for implementation of section 319, $200 million is required to be made available by the States for grants to private landowners to carry out projects that will improve water quality. These funds would be available only to farmers, ranchers, family forestland managers and others.
The bill directs the EPA to contract with the National Academy of Sciences (NAS) for an 18-month study on the quality of the science used to develop and implement TMDLs, the costs associated with TMDL implementation, and the availability of alternative programs or mechanisms to reduce the discharge of pollutants from point sources and nonpoint source pollution. A three-year watershed management pilot program for five states also is included. The final provision of the legislation requires EPA to postpone a new TMDL rule until it reviews the NAS study.
Industry supporters of the Smith-Crapo bill include companies and associations representing major manufacturing and service industries. The National Association of State Departments of Agriculture, the National Association of State Foresters, and the American Farm Bureau Federation also are lobbying hard to persuade additional Senators to sign-on to the bill.
In a related development, a bi-partisan group of Senators are circulating a letter to Appropriations Subcommittee Chair Christopher “Kit” Bond (R-MO) asking for appropriations bill language which would prohibit EPA from implementing and enforcing the TMDL rule for one year. The list of Senators is on the enclosed letter.
Although AMSA recognizes the benefits of providing funds to states and non-point sources to protect water quality, AMSA opposes the Smith-Crapo bill (S. 2417) and all other legislative efforts to delay a final TMDL rule. EPA's final TMDL rule is expected to include needed revisions in the TMDL program which would allocate fair-share pollutant load reductions to non-point sources.
AMSA members are encouraged to discuss their concerns with the TMDL program in meetings and through correspondence with their individual Congressional delegations. The AMSA National Environmental Policy Forum & 30th Annual Meeting in Washington, DC, May 20-24, provides an excellent opportunity to meet with your Members on TMDL issues and other legislative concerns.
For more information, contact AMSA's Lee Garrigan at lgarrigan@amsa-cleanwater.org or by phone at 202/833-4655.
Attachments:
- Water Pollution Program Enhancements Act of 2000 (S.2417) (PDF Format)
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- Letter to Appropriations Subcommittee Chair Christopher “Kit” Bond (Please contact Robin Davis, 202/833-3280 or rdavis@amsa-cleanwater.org,for a copy of this letter).
