Anti-TMDL coalition in CA Approaches the Governor

Anti-TMDL Coalition in CA Approaches the Governor

August 11, 2000

Governor Gray Davis
State Capitol
Sacramento, CA 95814

Dear Governor Davis:

It has come to our attention that a group that called themselves "The Alliance For Water Quality" has recently written you expressing concerns regarding Federal EPA and State Regional Water Quality Control Board efforts to impose stricter water pollution controls including Total Maximum Daily Loads (TMDLs). To summarize the position of "The Alliance For Water Quality"; new regulations propose tighter restrictions on industrial discharges, as well as first-ever rules aimed at curbing polluted runoff from construction sites, logging operations and farming and the EPA and environmental groups want to force implementation of the rules "in a manner that is extremely costly, ignores necessary scientific foundations and does not consider whether the mandated controls result in any meaningful improvement in water quality." They say, in short, if new pollution controls are put in place, the sky will fall and dire economic consequences will ensue.

We would like to bring to the attention of the Governor that:

Under AB 982 (pursuant to section 13191 of the Water Code) a Public Advisory Group (PAG) was created to report to the legislature. The PAG consists of members an equal number of members of environmentally interested parties and members of the regulated community. The mission of the PAG is to assist in the evaluation of program effectiveness in matters related to the implementation of the Clean Water Act Section 303 (d) requirements (or TMDLs) and other applicable federal regulations, as well as other monitoring and assessment programs. The PAG is to assist in advising the State Water Resources Control Board and the legislature on comprehensive monitoring programs and the structure and effectiveness of TMDL programs and other Federal Clean Water Act requirements.

Many of the parties that signed the letter of concern for "The Alliance for Water Quality" are active members of the PAG. While the PAG is moving forward with recommendations, it is unconscionable that these groups (including the California Chamber of Commerce, the California Manufacturers and Technology Association, the California Farm Bureau Federation, the Forest Resources Council, the Western States Petroleum Association, and the California Business Properties Association) take such action to subvert and prejudice the process that they have committed to as members of the PAG.

It cannot be argued that rehabilitation of water resources using TMDLs or any other methodology is not expensive. It is always expensive to fix degraded resources. It is even more expensive to allow further degradation. Water resources are vital to Californians and the economy of California. The citizens of California have made if very clear that are concerned for the condition of our water resources. The citizens of California want clean water as evidenced by the recent approval of large Water Bonds. Water quality is related to water available for human, industrial, and agricultural consumption as well as the viability of our fisheries and aquatic life. Water quality is a health and safety issue that is large in magnitude. Regional Boards must be allowed, and are mandated under State Water Law, to maintain the public safety and protection of beneficial uses of water.

The use of Total Maximum Daily Loads to develop standards for pollution control is a concept originally promoted by the regulated community itself. This concept incorporates the use of science based monitoring and pollution reduction technology to insure the most economic use of resources and assignment of responsibility of allocation to achieve specific pollution reduction standards. Proper use of TMDLs, in the end, may be proven to be the most cost affective and the only effective way of attaining desired results. TMDLs require both scientific front loading and scientific or peer review and analysis at the end of initial design, and periodically during the implementation process.

Sincerely;

Alan Levine
Coast Action Group
P.O. Box 215
Point Arena, CA 95468