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FOR IMMEDIATE RELEASE
July 14, 2000

EPA WATER RULE CIRCUMVENTS CONGRESS IGNORES SCIENCE AND ECONOMIC IMPACTS

Washington--The National Mining Association expressed disappointment with the Environmental Protection Agency’s race to issue as final controversial revisions to surface water regulations despite a clear directive by Congress meant to prevent EPA from finalizing the rules.

"EPA’s action this week exhibits the agency’s lack of respect for Congress," said NMA President and CEO Richard L. Lawson. "This is just another example of the disregard that EPA and this Administration have for the appropriate workings of government. If their plans are not enacted by Congress, they do an ‘end-around’ and try to accomplish through regulations what they cannot accomplish with legislation," Lawson stated.

EPA Administrator Browner signed revisions to the Total Maximum Daily Load (TMDL) rule despite a Congressionally approved provision in the military construction spending bill that prohibited the implementation of the new regulations until such time as additional review could be completed.

Congress recognized that the TMDL rule would have significant economic impacts and that the agency had failed to adequately consider those impacts. Congress also recognized that the science does not support the need for EPA's new restrictions and, therefore, the rule would require the American people to spend millions of extra dollars in the purchase of products as a result of complying with rules that would in the end provide no additional health or environmental benefit.

Lawson pointed out that the mining industry already is accommodating numerous strict water quality standards under the various environmental regulations it must comply with in order to operate.

"It is disappointing the agency instead rushed ahead to finalize the rules which many believe are sure to fail. We had hoped EPA would use the additional time provided by Congress to address the many concerns raised about the rule."

NMA, along with numerous other industry groups and the states had been looking forward to continuing to work with the EPA to develop a more rational approach to water quality protection. "Unfortunately, that is now not likely to happen," Lawson concluded.