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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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2001, Region 10 of the U.S. Environmental Protection 14 Agency (EPA) issued a Draft Temperature Guidance Document (Draft Guidance) for 15 public comment and the Draft Guidance resulted from a two year process that 16 involved the EPA, the U.S. Fish and Wildlife Service, the National Marine 17 Fisheries Service, state environmental quality departments and tribal repre- 18 sentatives; and 19 WHEREAS, the goal of the Draft Guidance was to provide states and tribes 20 in Region 10 with guidance when developing or revising their own temperature 21 standards and if the states or tribes adopted standards consistent with the 22 Draft Guidance, EPA Region 10 was expected to expedite Clean Water Act 23 approval and Endangered Species Act consultation; and 24 WHEREAS, the EPA Draft Guidance process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 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