Western States Water Council 2005 Report

• Year: 2001
• Title: Western States Water Council Annual Report 2001
• Author: Western States Water Council
• Description: Annual report 2001
• Publications - Doc Type: Other

and logging. One of the changes allowed state waterways to be reclassified as lower - quality, which
could then be polluted to a greater extent before constituting a CWA violation. Another change
relaxed state standards for the discharge of about 100 carcinogens into surface and ground waters.
Steve Mashuda represented the Earthjustice Legal Defense Fund and environmental groups in
the lawsuit. He was disappointed with the decision. "EPA's approval of the loopholes at issue in
this case was a significant missed opportunity to keep Montana's clean waters clean." In 1998, the
environmental groups claimed that EPA failed to carry out its CWA duties by allowing the lowering
of the state's water quality standards. In March 1999, the environmentalist groups changed the
lawsuit to challenge EPA's approval of state water law changes.41
Total Maximum Daily Loads
On June 19th, the National Academy of Sciences released a report recommending changes to
the TMDL program. One key finding of the NAS report was that many states lack sufficient data
to develop TMDLs for all of their impaired waters.42 In July 2000, the Clinton administration issued
a clean -up rule for about 21,000 of the nation's lakes, ponds, rivers and streams that did not meet
water quality standards. The rule directed that state developed clean -up plans be drafted, and
restoration efforts start within 8 -13 years. The rule provided that states would have to establish
TMDLs for each body of water found to contain excessive amounts of pollutants listed in §304(a)(2)
of the Clean Water Act.43 Conservative members of Congress had criticized the Clinton TMDL
rules, and utilities, manufacturers, and farm groups had challenged it in court, claiming that the rule
would cost them tens of billions of dollars annually."
On July 16th, EPA Administrator Christie Whitman proposed delaying by 18 months the
effective date of the TMDL rules published on July 13, 2000. She stated, "We have an existing
TMDL program and this review will not stop ongoing implementation of that program, development
of water quality standards, issuance of permits to control discharges, or enforcement against
violators. EPA and states will continue to cooperate to identify impaired waters and set protective
standards for those waters." On August 9th, EPA published in the Federal Register formal notice
of its decision to review and revise proposed rules for implementing the TMDL program. 4' The
delay required the concurrence of the District of Columbia Circuit Court to stay action pending on
related lawsuits. Whitman explained, "I am asking for this additional time to listen carefully to all
parties with a stake in restoring America's waters -- states, cities, small towns and rural communities,
plus industry, the environmental community and farmers - -to find a better way to finish the important
job of cleaning our great rivers, lakes and streams.... [W]e need an effective national program that
41 Western States Water, Issue #1422, August 17, 2001.
42 Western States Water, Issue #1424, August 31, 2001.
43 Western States Water, Issue #1418, July 20, 2001.
44Ibid.
41 Western States Water, Issue #1421, August 10, 2001.
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