2000 Legislation
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HOUSE JOINT MEMORIAL NO. 10 – Water, total maximum daily loads


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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

Bill Text

  ||||              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
  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-
  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 / Fiscal Impact

                 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
                    FISCAL IMPACT
     Name:  Representative Don Pischner
          Representative Chuck Cuddy
     Phone:  (208) 332-1111 
                                                  STATEMENT OF PURPOSE/FISCAL NOTE                               HJM 10