Western States Water Council 2005 Report

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built, it is far more likely that diverse stakeholders will be able to agree on plans for restoring water quality and far more likely that these important plans will be implemented." It adds, "Current court orders and consent decrees require EPA to establish (if the States do not) approximately 2000 TMDLs in the next 18 to 24 months. These requirements are in place independently of any separate requirements in the July 2000 rule. Accordingly, EPA does not believe that an 18 -month delay in the ... rule's effective date will in any significant way slow the development of TMDLs." In the interim, EPA determined to continue to operate under the 1985 TMDL regulations, as amended in 1992, and States would continue to develop TMDLs to meet water quality standards intended to clean up the Nation's waters. Some opposed to the delay expressed concern that TMDLs established between now and April 30, 2003, might not include implementation plans, as an essential required component. However, the July 2000 rule provided EPA with the flexibility to approve a TMDL without an implementation plan during a 9 -month transition period, or one half of the 18- month delay, and "...EPA is also working in other ways to ensure that management measures reflecting load allocations in TMDLs are undertaken." The notice states, "EPA is committed to structure a flexible, effective TMDL program that States, Territories and authorized Tribes can support and implement. "so In the Fall of 2001, EPA scheduled a series of five public listening sessions across the country on the TMDL program and related issues. The purpose was to improve understanding of the TMDL program, provide current program status information, get stakeholder perspectives on key issues, and identify and discuss ideas on how to address TMDL program issues. EPA plans to use information from the listening sessions as it considered regulatory changes expected to be proposed in 2002. The five sessions focused on: (1) Implementation of TMDLs Addressing Nonpoint Sources; (2) the Scope and Content of TMDLs; (3) EPA's Role, the Pace /Schedule for Development of TMDLs, and NPDES Permitting Pre and Post TMDL; (4) Listing Impaired Waters; and (5) All TMDL Issues." EPA's fourth public listening session was held in Oklahoma City on November 15 -16, at the same time as the Council's regular meetings. Over 160 people attended, including many WSWC Water Quality Committee members. Chuck Sutfin, Director of EPA's Assessment and Watershed Protection Division, met earlier with Council members, at the WSWC's invitation." He discussed key issues and EPA's timetable for implementing the TMDL program. Mr. Sutfin focused on issues associated with listing impaired waters and "reasonable assurance" requirements. His presentation and subsequent dialogue with WSWC members and others mirrored EPA testimony." "Copies of the rule deferral are available online http: / /www.epa.gov /owow /tmdl /defer. See also www.epa.goy /owow /tmdl /examples. 51 Western States Water, Issue #1430, October 12, 2001. 12 Western States Water, Issue #1435, November 18, 2001. 53Western States Water, Issue #1436, November 23, 2001. 47