There also needs to be a strong recognition of the important role that interstate river basin organizations will assume in this program and EPA should direct adequate funding to such organizations so they may carry out this role. Flexibility Needs to be Provided for TMDLs on Interstate Waters Lack of flexibility provided to the states to develop TMDLs is particularly evident in the rulemaking's approach to addressing interstate waterbodies. ICWP urges U.S. EPA to recognize the role that interstate organizations can play in implementing the TMDL program. Most existing interstate river basin commissions are set up on a watershed basis and provide an excellent means for coordinating water quality efforts among political jurisdictions sharing the watershed. The TMDL rulemaking provides an opportunity for EPA to urge states to work through interstate river basin organizations to secure agreement on management approaches and maintain consistency across state lines.
Interstates provide a good forum for conflict resolution.
Although EPA notes that it considered a variety of options for establishing TMDLs on interstate waterbodies, the proposed rulemaking simply states that EPA may establish TMDLs for such waterbodies. ICWP instead urges that the agency take a more flexible approach to the issue, which urges interstate cooperation which will ultimately make the program more successful in such waters. The states should decide whether or not EPA should become directly involved in the development of TMDLs on interstate waters. Some interstate water issues may be relatively simple and could easily be resolved by the neighbor states. In more complex situations, states should have the option of requesting EPA's involvement or utilizing interstate river basin organizations to develop the TMDLs.