2002 Legislation
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HOUSE JOINT MEMORIAL NO. 18 – EPA, draft temperature guidance doc

HOUSE JOINT MEMORIAL NO. 18

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View Statement of Purpose / Fiscal Impact



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HJM018....................................................by WAYS AND MEANS
ENVIRONMENTAL PROTECTION AGENCY - Stating findings of the Legislature and
requesting that the Environmental Protection Agency take certain steps in
regard to a Draft Temperature Guidance Document, which deals with state
water temperature standards in streams.
                                                                        
02/19    House intro - 1st rdg - to printing
02/20    Rpt prt - to Env Aff
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/27    3rd rdg - ADOPTED - voice vote - to Senate
02/28    Senate intro - 1st rdg - to Res/Env
03/07    Rpt out - rec d/p - to 10th Ord
03/08    10th ord - ADOPTED - voice vote
    Title apvd - to House
03/11    To enrol
03/12    Rpt enrol - Sp signed
03/13    Pres signed
    To Secretary of State

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                HOUSE JOINT MEMORIAL NO. 18
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                   A JOINT MEMORIAL
  2    TO THE PRESIDENT OF THE UNITED STATES, TO THE  SENATE AND HOUSE OF REPRESENTA-
  3        TIVES OF THE UNITED STATES IN CONGRESS ASSEMBLED,   TO  THE  CONGRESSIONAL
  4        DELEGATION  REPRESENTING  THE STATE OF IDAHO IN THE CONGRESS OF THE UNITED
  5        STATES, TO THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION
  6        AGENCY, THE REGION TEN OFFICES OF THE ENVIRONMENTAL PROTECTION AGENCY, THE
  7        NATIONAL MARINE FISHERIES SERVICE, THE  SECRETARY  OF  THE  UNITED  STATES
  8        DEPARTMENT  OF THE INTERIOR AND THE SECRETARY OF THE UNITED STATES DEPART-
  9        MENT OF COMMERCE.
                                                                        
 10        We, your Memorialists, the House of Representatives and the Senate of  the
 11    State  of  Idaho  assembled  in  the Second Regular Session of the Fifty-sixth
 12    Idaho Legislature, do hereby respectfully represent that:
                                                                        
 13        WHEREAS, on October, 2001, Region 10 of the U.S. Environmental  Protection
 14    Agency (EPA) issued a Draft Temperature Guidance Document (Draft Guidance) for
 15    public  comment  and  the Draft Guidance resulted from a two year process that
 16    involved the EPA, the U.S. Fish and  Wildlife  Service,  the  National  Marine
 17    Fisheries  Service,  state environmental quality departments and tribal repre-
 18    sentatives; and
 19        WHEREAS, the goal of the Draft Guidance was to provide states  and  tribes
 20    in  Region  10 with guidance when developing or revising their own temperature
 21    standards and if the states or tribes adopted standards  consistent  with  the
 22    Draft  Guidance,  EPA  Region  10  was  expected  to  expedite Clean Water Act
 23    approval and Endangered Species Act consultation; and
 24        WHEREAS, the EPA Draft Guidance process reflects federal views  and  fails
 25    to  reflect  state  agency and private sector views and the EPA Draft Guidance
 26    process excluded  nonfederal  land  management  entities  and  private  sector
 27    stakeholders; and
 28        WHEREAS, the Environmental Protection Agency provides only ninety days for
 29    the  public  to review a document under development for over two years and the
 30    Draft Guidance contains several arbitrary policies and legal defects; and
 31        WHEREAS, the Draft Guidance is not consistent with Sections 303 and 304 of
 32    the Clean Water Act and Sections 6, 7 and 9 of the Endangered Species Act; and
 33        WHEREAS, the Draft Guidance treats Endangered Species Act Section  7  con-
 34    sultation  as  a  basis  of  additional EPA authority over state water quality
 35    standards; and
 36        WHEREAS, the Draft Guidance identifies state water  temperature  standards
 37    so  low  that  they  are  impossible to meet even in streams currently running
 38    through federal wilderness areas; and
 39        WHEREAS, the Draft Guidance states that  areas  of  "cold  water  refuges"
 40    should be designated as Outstanding Resource Waters; and
 41        WHEREAS,  the  Draft  Guidance  would substantially increase the number of
 42    state streams and water bodies on the 303(d) list thus subject to Total  Maxi-
 43    mum Daily Load (TMDL) development; and
 44        WHEREAS,  the Draft Guidance would unlawfully short-circuit the TMDL proc-
                                                                        
                                           2
                                                                        
  1    ess and immediately require point sources to obtain thermal  offsets  or  meet
  2    temperature water quality standards without a mixing zone; and
  3        WHEREAS,  implementation  of  the  Draft Guidance would result in substan-
  4    tially increased costs to both the state of Idaho and the private sector.
  5        NOW, THEREFORE, BE IT RESOLVED by the members of the Second  Regular  Ses-
  6    sion  of  the  Fifty-sixth Idaho Legislature, the House of Representatives and
  7    the Senate concurring therein, that we respectfully request that the  Environ-
  8    mental Protection Agency do the following:
  9        (a)  Suspend the current Draft Guidance;
 10        (b)  Create  a  more open and inclusive process including both private and
 11        state sector land management entities, counties, cities, utilities,  busi-
 12        ness, industry and other affected stakeholders; and
 13        (c)  Recast the Draft Guidance to create an alternative outcome consistent
 14        with  federal  and state law and current national guidance under the Clean
 15        Water Act and the Endangered Species Act and be consistent with  the  best
 16        available scientific and technological information; and
 17        (d)  Include an economic impact analysis of any future draft guidance; and
 18        (e)  Include  an analysis of the costs to states and the private sector of
 19        implementation of any standards created in any future Draft Guidance.
 20        BE IT FURTHER RESOLVED that the Chief Clerk of the  House  of  Representa-
 21    tives  be, and she is hereby authorized and directed to forward a copy of this
 22    Memorial to the President of the United States, to the President of the Senate
 23    and the Speaker of the House of Representatives of Congress, and the  congres-
 24    sional  delegation  representing  the  State  of  Idaho in the Congress of the
 25    United States, to the Administrator of the United States Environmental Protec-
 26    tion Agency, the Region 10 offices of the Environmental Protection Agency, the
 27    National Marine Fisheries Service, the Secretary of the United States  Depart-
 28    ment of the Interior and the Secretary of the United States Department of Com-
 29    merce.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 12112

The purpose of this joint memorial is to urge the President,
Congress and the Departments of Commerce and Interior to require
Region 10 EPA, the National Marine Fisheries Service, and the US
Fish and Wildlife Service to suspend the current Region 10 EPA
Draft Temperature Guidance document, create a more open and
inclusive process including both private and state sector land
management entities, counties, cities, utilities, business,
industry and other affected stakeholders, recast the Draft
Guidance to create an alternative outcome consistent with federal
and state law, and current national guidance under the CWA and
ESA and be consistent with the best available scientific and
technological information and include an Economic Impact Analysis
of any future Draft Guidance with an analysis of expected costs
to states and private sector of implementation of any future
guidance.

                          FISCAL IMPACT
The Memorial will have no fiscal impact on state funds.





Contact
Name: Rep. Frank Bruneel
Phone: (208) 332-1000
Name: Rep. Jack Barraclough
Phone: (208) 332-1000
Name: Jane A. Gorsuch, Intermountain Forest Association 
Phone: (208) 342-3454
Name: Ken Harwood, Idaho Association of Cities
Phone: (208) 344-8944
Name: Dick Rush, IACI
       (208) 343-1849
Name: Norm Semanko, Idaho Water Users Association
Phone: (208) 344-6690
Name: Lynn Tominaga, Idaho Farm Bureau Federation
Phone: (208) 342-2688





STATEMENT OF PURPOSE/FISCAL NOTE                      HJM 18