Search

Clean Water Advocacy Newsroom

Clean Water Advocacy - Newsroom - AMSA in the News

Proposal to Withdraw EPA Regulation
On Impaired Waters Gets Broad Support

A proposal to withdraw a final rule issued in July 2000 to significantly revise the Environmental Protection Agency's total maximum daily loads program received overwhelming support from industrial dischargers and states in comments submitted Jan. 27.
About 50 comment letters had been submitted, an EPA official told BNA Jan. 29, with most of them supporting the withdrawal.

Several groups indicated that EPA should not only withdraw the 2000 rule, but should move forward with a new proposal to revise the TMDL program. Agency officials told BNA a draft proposed rule is under review by Administrator Christine Todd Whitman.

In July 2000, EPA published a comprehensive rule revising the TMDL program, but its implementation was barred by Congress under pressure from numerous interest groups who sued the agency over the rule (65 Fed. Reg. 43,586; 134 DEN AA-1, 7/12/00).

TMDL s essentially are allocations of pollutant amounts among dischargers, which include a wide range of sources such as industrial facilities, wastewater treatment plants, and farm and forestry operations. The purpose of these allocations is to reduce pollution to levels that can be assimilated without violating water quality standards.

The rule set ambitious schedules for states to complete some 40,000 TMDLs, required implementation plans, and contained nonpoint source provisions, which some said were illegal.

Lawsuits from about a dozen interest groups were filed within months, and Congress ultimately blocked the rule's implementation.

In supporting the withdrawal of the rule, the Federal Water Quality Coalition, which represents industrial and municipal dischargers, agricultural groups, and some trade associations, said the rule had several legal flaws that would have forced EPA to amend or withdraw it, including the provisions relating to nonpoint source controls.

The National Research Council issued a report in 2001 recommending changes that should be incorporated into the TMDL program. EPA officials have said the draft of the latest proposal attempts to incorporate some of those changes. Among the NRC recommendations was a call for an adaptive implementation management approach and better monitoring and assessment tactics.

The American Forest and Paper Association questioned EPA's cost estimates of $900 million to $4.3 billion annually to implement the TMDL program, but said those figures demonstrate the need for a more flexible, cost-effective approach regulation.

The Natural Resources Defense Council, Sierra Club, and the Ocean Conservancy urged EPA to withdraw the 2000 rule but to proceed with the existing program last revised in 1992.

The environmental organizations said that close to 8,000 TMDLs have been developed, showing that progress is finally being made in the program.

"A new rulemaking would be disruptive and would only derail state momentum to clean up our waterways," the groups said. "In lieu of squandering agency resources on rulemaking, keeping the program in regulatory uncertainty, generating new controversy, and delaying continued progress towards cleaning up the nation's waters, we urge the agency to devote its efforts and financial resources to assist the states in implementing the existing TMDL program."

The Association of State and Interstate Water Pollution Control Administrators called on EPA to propose a "workable replacement rule as soon as possible" that would offer an integrated approach that considers both point source and nonpoint source pollution, has a four-year listing cycle for impaired waters instead of the current two years, allows states to evaluate contributions from all sources and make allocations of loads accordingly, and provides an EPA oversight role.

The Association of Metropolitan Sewerage Agencies, which had generally supported the 2000 rule because of its increased emphasis on nonpoint source control, agreed that the regulation should be withdrawn because it has become "distracting and the focus of elimination."AMSA also said the new rulemaking should move forward quickly.

Two regional environmental organizations, the Southern Environmental Law Center and Northeast Environmental Advocates, said they still support the 2000 rule, saying it offers the best chance for cleaning up impaired waters, but did not submit comments.

Several officials in the EPA Office of Water told BNA they do not know the status of the draft proposed rule. Tracy Mehan, EPA assistant administrator for water, told BNA in early January that he hoped to send a draft of the proposed rule to the White House Office of Management and Budget for review as of Jan. 15.

That still has not happened, and agency officials said the draft proposal is being reviewed by Whitman.

The proposal to withdraw the TMDL rule must become final before April 2003 or the 2000 regulation will become effective.



By Susan Bruninga