Association Blasts EPA for TMDL Rulemaking

July 14, 2000
Associated Builders and Contractors lambasted EPA for\r\nfast-tracking the promulgation of a controversial water regulation\r\nthat Congress decided to halt.

Associated Builders and Contractors (ABC) lambasted EPA for fast-tracking the promulgation of a controversial water regulation that Congress decided to halt.

The rule seeks to revamped the Total Maximum Daily Load (TMDL) water regulations, which require states to identify bodies of water in which the level of pollutants in the water exceeds state requirements.

ABC, representing 22,000 shop construction and construction related firms, expressed concerns that the rule would "significantly increase the costs of development and redevelopment in affected areas and would inequitably transfer authority from the states to EPA.

"Congress rightfully recognized that the TDML rule would have enormous ramifications on all segments of the economy and sought to delay its release to allow time for further review," said ABC President W. Thomas Musser. "EPA''s release of the TDML rule July 11, in the waning days of the Clinton Administration, is a blatant back-door attempt to circumvent the will of Congress."

Once TDMLSs are established, states are required to restrict the sources of pollutants in affected watersheds.

As a result, construction companies, regulated as point sources of pollution through NPDES permits because of construction runoff, would be heavily impacted by the TMDL program, said ABC.

"The new rule will create expensive, cumbersome enforcement mechanisms that would seek to address water quality issues to the exclusion of all other programs," said Musser. "Moreover, the rule essentially imposes an unfunded mandate on the states and will have disproportionate impact on construction and development activities in arbitrarily chosen areas."

ABC is researching avenues to challenge the implementation of the new TMDL program.

by Virginia Sutcliffe

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

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