The degree and detail of the prescribed remedies suggested by these proposed regulations will negate effective TMDL establishment and implementation. If watershed management is the appropriate vehicle for TMDL implementation, then, by definition, the unique characteristics of the water quality and activities within watersheds must be incorporated in any effective management plan. The proposed regulations place a barrier to this management approach and realized water quality benefits. This requirement diverts attention and resources away from the critical issues which do need TMDL analysis. EPA must not view TMDL as a cover all approach to address all impacts to the stream environment, particularly habitat issues.
Alternative approaches are readily available under state authority to address such issues.
The water quality assessment provided by Section 305b is more appropriate for this type of issue. C. Kansas supports the use of Parts one, three and four as subsets of the TMDL process. Additionally, EPA should consider another part describing complex pollutant impairment issues which defy the typical approach to pollution reduction. Issues regarding large interstate waters, atmospheric deposition and naturally-occurring and historical pollutants would be listed in this part. A five-year cycle would seem most fitting for managing the TMDL process on a continuing basis.