November 7, 1997

The Honorable Franklin D. Raines
Director
Office of Management & Budget
Old Executive Office Building
17th & Pennsylvania Ave.
Washington, D.C. 20036

Dear Director Raines:

The Western Governors' Association (WGA) recently passed the attached resolution 97-008, State Implementation of Total Maximum Daily Loads Program (TMDLs) Under the Clean Water Act. The governors noted in the resolution support for the goals of the Clean Water Act and urged EPA to work cooperatively with the states to develop and implement a comprehensive TMDL program that provides flexibility to accommodate state and local conditions.

As called for in the resolution, the WGA held a successful meeting in Jackson, Wyoming on September 30, and October 1, 1997, that addressed TMDL implementation issues under the Clean Water Act. Approximately 60 senior officials attended representing 16 of the 18 WGA states and a number of federal agencies.

States are now faced with a limited range of choices regarding TMDL implementation. While we generally agree with the increased emphasis being placed on TMDL implementation, states do not have the fiscal resources necessary to accelerate state implementation efforts mandated by schedules associated with resolution of lawsuits filed against the Environmental Protection Agency. Without the provision of additional federal funds for states to implement TMDLs, states may be unable to implement the Clean Water Act requirements with the limited state resources now available. Moreover, by providing the states with resources, EPA itself will be relieved of its obligation to establish TMDLs in those states that do not do so.

The President can play a significant role in providing the needed assistance to the states for TMDL implementation by including the following provisions in the new fiscal year 1999 budget:

* Realistic and stable long-term funding that reflects the true cost of the entire spectrum of state TMDL activities (i.e., collection of scientifically credible data, coordinating input by stakeholders, developing plan requirements and monitoring) necessary to achieve the desired goals of the Clean Water Act.

* A holistic approach that provides for funding to address all the necessary tools needed to accomplish the many interrelated components associated with successful implementation.

* The budget must also note the importance and need to fund activities to coordinate the TMDL program with other federal agencies/programs and funding sources such as: Endangered Species Act requirements, Farm Programs, Safe Drinking Water Act, Federal Land Management Planning and Program Requirements.

As Governors and managers of state budgets, we understand the limitations placed upon government leaders. TMDLs are a significant issue for all the states and for EPA and the time is right to provide the full resources needed for the TMDL program. We are sure you share this concern and we look forward to working with you on this issue in the future.

Sincerely,

John Kitzhaber, M.D.
Governor of Oregon
Co-Lead, Lands and Waters

Jim Geringer
Governor of Wyoming
Co-Lead, Lands and Waters

Attachment 1

cc: EPA Assistant Administrator Bob Perciasepe

T. J. Glauthier. OMB

Page last updated 10/15/1999