AMSA Regulatory Alert (RA 01-18)

To: Members & Affiliates, Water Quality Committee
From: National Office
Date: October 4, 2001
Subject: EPA ANNOUNCES TMDL LISTENING SESSIONS
Reference: RA 01-18

On October 1 the U.S. Environmental Protection Agency (EPA) announced that it will conduct five public listening sessions on the Total Maximum Daily Load (TMDL) program and related issues in the National Pollutant Discharge Elimination System (NPDES) program before the end of the year. These public sessions are one of the first steps the Agency is taking to explore potential modifications to the controversial July 2000 rule, which has been withdrawn for 18 months of reconsideration (see 66 Fed. Reg. 41,817). EPA will use the information received at these public listening sessions to assist the Agency in proposing modifications to the TMDL regulations in mid-2002. EPA is seeking input on all aspects of the TMDL program in these listening sessions including listing of impaired waters, the scope and content of regulations, and program implementation.

TMDLs remain one of AMSA’s top priority issues. While the Association was one of the groups that litigated over the final rule, AMSA has supported EPA’s extension for further review of the rule. In comments filed with EPA on September 10, AMSA supported EPA’s proactive steps to reassess the rule and stated that further review could lead to retaining beneficial sections while improving overall regulatory components. AMSA’s Water Quality Committee will be working to ensure that AMSA is represented at each listening session. For a comprehensive overview of AMSA’s positions on key aspects of the TMDL program, download the Association’s July 2001 TMDL White Paper at http://www.amsa-cleanwater.org/advocacy/7-18-01tmdlwhitepaper.pdf.

Schedule for Listening Sessions
Each listening session will include small group discussions and general discussions to report the highlights and/or raise questions from the small group sessions. An hour will be provided at the end of the meetings for oral statements. Four of the public meetings will focus on specific themes/issues regarding EPA’s TMDL program and will culminate with the fifth meeting, in Washington, DC, which will be used to summarize the first four public meetings and provide an additional opportunity to provide comments to EPA. The listening sessions are scheduled as follows:

• TMDL Listening Session: Implementation of TMDLs Addressing Nonpoint Sources
  October 22 - 23, 2001
  The Congress Plaza Hotel, Chicago, IL
  Topics to be discussed include: How can we ensure TMDLs are implemented? What existing technical tools, authorities/programs, and funding sources are available to ensure implementation?

• TMDL Listening Session: Scope and Content of TMDLs
  November 1 - 2, 2001
  Doubletree Hotel Sacramento, Sacramento, CA
  Topics to be discussed include: Are TMDLs appropriate for all impaired waters and pollutants? How can TMDLs be defined to facilitate the use of adaptive management? How can we develop TMDLs to encourage stakeholder involvement in the allocation process? How can TMDLs be defined to promote a watershed approach?

• TMDL Listening Session: EPA's Role, the Pace/Schedule for Development of TMDLs, and NPDES Permitting
  November 7 - 8, 2001
  Atlanta Capitol Plaza Hotel, Atlanta, GA
  Topics to be discussed include: How can EPA most effectively support and ensure State TMDL development?; requirements for EPA action in response to States' action or inaction; schedules for development and implementation of TMDLs; NPDES permitting in impaired waters prior to the establishment of a TMDL; and implementing TMDLs in NPDES permits, including the schedule and role of States and EPA in issuing these permits.

• TMDL Listening Session: Listing Impaired Waters
  November 15 - 16, 2001
  Hilton Oklahoma City Northwest, Oklahoma City, OK
  Topics to be discussed include: Timing: How often should the section 303(d) list be submitted to EPA (every 2, 4, or 5 years)? Scope: Should the reporting requirements for section 305(b) and section 303(d) be integrated into a single report? List Credibility: What steps should be taken to ensure credible lists of impaired waters? Data and information: What can be done to improve data and information available to support listing decisions? Public review: How can we improve public understanding of listing decisions?

• TMDL Listening Session: All Issues
  December 11, 2001
  Wyndham Washington, Washington, DC
  

Those who would like to provide comments may do so by registering on EPA’s website at http://www.epa.gov/owow/tmdl/meetings/. Participants who submit comments will present their comments at the listening session in the order that they registered and to the extent that time is available. EPA is also accepting written statements before and after the public listening sessions.

AMSA will continue to report to the membership with further details on the sessions and on which member agency representatives will represent our views on these important topics. If you plan to attend any of the listening sessions or plan to submit comments, please contact Chris Hornback, AMSA at 202/833-9106 or chornback@amsa-cleanwater.org.