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HJM010....................................................by WAYS AND MEANS
WATER - TOTAL MAXIMUM DAILY LOADS - Stating findings of the Legislature and
requesting the United States Environmental Protection Agency to delay, and
the United States Congress to hold hearings, on the proposed regulations of
the Environmental Protection Agency under Section 303(d) of the Clean Water
Act relating to Total Maximum Daily Loads.
03/29 House intro - 1st rdg - to printing
03/30 Rpt prt - to 2nd rdg
Rls susp - ADOPTED, voice vote
Title apvd - to Senate
Senate intro - 1st rdg - to Res/Env
04/04 Rpt out - to 10th Ord
04/05 10th ord - ADOPTED - voice vote
Title apvd - to House
To enrol - rpt enrol - Sp signed - Pres signed
04/06 To Secretary of State
HJM010
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE JOINT MEMORIAL NO. 10
BY WAYS AND MEANS COMMITTEE
1 A JOINT MEMORIAL
2 TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES IN CONGRESS
3 ASSEMBLED, AND TO THE CONGRESSIONAL DELEGATION REPRESENTING THE STATE OF
4 IDAHO IN THE CONGRESS OF THE UNITED STATES.
5 We, your Memorialists, the House of Representatives and the Senate of the
6 State of Idaho assembled in the Second Regular Session of the Fifty-fifth
7 Idaho Legislature, do hereby respectfully represent that:
8 WHEREAS, the state of Idaho is fully committed to achieving and maintain-
9 ing water quality for public use and recreation and the protection of aquatic
10 ecosystems; and
11 WHEREAS, substantial progress has already been made toward this objective
12 nationwide through the investment of almost one trillion dollars by the munic-
13 ipal and industrial sectors of the economy and an effective federal, state and
14 local partnership with the private sector, in which the states have primary
15 and lead authority; and
16 WHEREAS, the state's direct experience demonstrates that achievement of
17 water quality goals depends upon the use of sound science and quality data, an
18 iterative approach to water quality management, a commitment to accommodating
19 economic development, the careful investment of limited resources to maximize
20 environmental benefits, and broad-based public support; and
21 WHEREAS, the state's direct experience also demonstrates that the remain-
22 ing water quality challenges are complex, difficult and site-specific, requir-
23 ing tailored solutions, better science and monitoring data; and
24 WHEREAS, the state has many effective regulatory and cooperative programs
25 underway that are achieving better and greater protection of water quality
26 than can be achieved with a prescriptive federal approach; and
27 WHEREAS, Section 303(d) of the Clean Water Act, pertaining to total maxi-
28 mum daily loads (TMDLs), is but one of the many tools that the state and local
29 governments have to assure effective water quality management and is not
30 always the most efficient and effective; and
31 WHEREAS, the U.S. Environmental Protection Agency's recently proposed TMDL
32 regulations exceed their authority; impose upon the states many new
33 prescriptive, costly, unattainable and often unnecessary requirements; posi-
34 tion the U.S. Environmental Protection Agency to arbitrarily take over state
35 program activities; and halt economic development in many waters far into the
36 future; and
37 WHEREAS, the proposed regulations impose "unfunded mandates" on the state
38 agencies; and
39 WHEREAS, the proposed regulations circumvent the state-based best manage-
40 ment practices approach under Section 319 of the Clean Water Act to managing
41 nonpoint source runoff from land-based activities, such as forestry, and
42 superimpose a federal regulatory program on millions of landowners, reversing
43 more than two decades of precedent under the Clean Water Act; and
44 WHEREAS, the proposed regulations contain inconsistent and vague terminol-
2
1 ogy that will lead to more state and federal litigation and misallocation of
2 resources while stifling creativity and development of more cost-effective
3 approaches at the state level.
4 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
5 sion of the Fifty-fifth Idaho Legislature, the House of Representatives and
6 the Senate concurring therein, that the United States Environmental Protection
7 Agency should, in partnership with the states, reconsider and significantly
8 revise its TMDL proposed regulations and guidance, while taking a more reason-
9 able approach that:
10 1. Recognizes the limits of the TMDL statutory tool and relies on the
11 many effective approaches states have undertaken under the Clean Water Act
12 and other statutory authorities in partnership with local government, fed-
13 eral agencies and the private sector;
14 2. Uses Section 303(e) rather than Section 303(d) to inventory water
15 quality generally and establishes a more focused basis for listing of
16 waters under Section 303(d);
17 3. Provides states the ability to deal, in the most reasonable, cost-ef-
18 fective manner possible, with complex or difficult water quality situa-
19 tions, such as where legacy pollutants, air deposition and nonpoint
20 sources contribute to impairment;
21 4. Provides fair and workable procedures for issuing new or renewed per-
22 mits, which allow flexibility in making reasonable progress in reducing
23 loadings, without imposing unnecessary restrictions stifling economic
24 growth;
25 5. Postpones the April 2000 listing of 303(d) waters for which TMDLs will
26 be required until two years after promulgation of changes to the existing
27 regulations;
28 6. Is performance based, enabling states to take alternative
29 "functionally equivalent" approaches through regulatory and other means
30 states deem appropriate so long as their water quality standards will be
31 achieved; and
32 7. Focuses the federal government on the priority need for better funding
33 of state monitoring and watershed technical assistance.
34 BE IT FURTHER RESOLVED that we request the congressional authorizing com-
35 mittees and other interested committees to conduct comprehensive hearings on
36 the proposed rules and the Section 303(d) program in general, and ensure that
37 a comprehensive analysis of the economic and program impacts of the entire
38 TMDL program is completed; and
39 BE IT FURTHER RESOLVED that due to the continued proliferation of
40 lawsuits, court orders and consent decrees that are placing an onerous burden
41 on many states, the U.S. Environmental Protection Agency should support state
42 efforts to renegotiate those requirements based on improvements made to the
43 national program.
44 BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representa-
45 tives be, and she is hereby authorized and directed to forward a copy of this
46 Memorial to the President of the Senate and the Speaker of the House of Repre-
47 sentatives of Congress, and the congressional delegation representing the
48 state of Idaho in the Congress of the United States.
STATEMENT OF PURPOSE
RS 10331C1
This House Joint Memorial petitions the Environmental Protection
Agency (EPA) to postpone implementation of proposed Total Maximum Daily
Load (TMDL) regulations. The EPA is proposing the regulations under Section
303 (d) of the Clean Water Act.
The proposed TMDL regulations are in excess of the authority delegated
to EPA by the CWA and would impose unfunded mandates on the State of Idaho.
This Memorial encourages EPA to work cooperatively with the states to
promulgate scientifically sound regulations that accommodate state water quality
programs.
FISCAL IMPACT
None.
Contact
Name: Representative Don Pischner
Representative Chuck Cuddy
Phone: (208) 332-1111
STATEMENT OF PURPOSE/FISCAL NOTE HJM 10