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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 - 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14 Agency (EPA) issued a Draft Temperature Guidance Document (Draft Guidance) for
15 public comment and the Draft Guidance resulted from a two year process that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19 WHEREAS, the goal of the Draft Guidance was to provide states and tribes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22 Draft Guidance, EPA Region 10 was expected to expedite Clean Water Act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
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