Overview

Section 303(d) of the 1972 Clean Water Act requires states to develop additional pollutant reduction goals for impaired water bodies that have not attained designated water quality standards. A total maximum daily load (TMDL) is the amount of a given pollutant that can be allowed to enter a water body without causing further impairment. TMDLs have been required since 1972, but this controversial program has drawn recent attention due to a spate of lawsuits regarding federal versus state issues and the exact process for implementing TMDLs. On July 11, 2000, the U.S. Environmental Protection Agency finalized a widely contested rule regarding the TMDL program.

The rule is problematic on a number of levels. It dramatically expands EPA's authority to regulate nonpoint source runoff by intervening in state water quality decisions, yet it fails to give states sufficient flexibility in determining their water quality priorities and strategies. The rule sets a rigid time frame for states to meet these new requirements, yet fails to provide financial assistance to states or technical assistance to growers to help them meet new requirements that may be placed on them. Most importantly, EPA has failed to provide a sound scientific basis for its requirements.

Corn growers want to ensure that the listing of impaired waters on states' 303(d) lists is based on sound science and that farmers and other stakeholders are included in the development and implementation of TMDLs at the state and local levels.

Like all farmers, corn growers' livelihoods depend on preserving and enhancing the quality and viability of the land and water resources placed in our care. Corn growers across the country are working closely with local, state and federal governments and the private sector in a variety of innovative water quality improvement efforts. But there is widespread concern that the EPA rule will fail to give farmers proper credit for the voluntary measures that they are taking to improve water quality and will unnecessarily impose burdensome new regulations on agriculture.

Action Needed

NCGA fully supports the congressional intent of the Clean Water Act. But in its attempt to impose the TMDL rule, EPA is clearly exceeding the scope of the statute. In addition, the agency is deliberately skirting the proper policymaking channels, failing to provide a sound scientific basis for its requirements, and imposing burdensome new regulations on the states.

For EPA to charge ahead with this flawed rule will not benefit water quality, nor will it set the stage for a productive process to improve the TMDL process in the future. Therefore, NCGA supports congressional efforts to delay the implementation of the TMDL program until these issues are resolved.

ST. LOUIS OFFICE

WASHINGTON D.C. OFFICE