OPENING STATEMENT OF ROBERT C. SMITH
MARCH 21, 2000
HEARING ON EPA PROPOSED RULE ON TOTAL MAXIMUM DAILY LOADS

Good Morning. It is a pleasure to have so many knowledgeable individuals here today to testify about the impacts of the Environmental Protection Agency's proposed rule on Total Maximum Daily Loads (TMDLs). The Congressional hearings, as well as my conversations with constituents and various Senators on this issue, have caused me to have great concern about the impacts and legal ramifications of this proposed rulemaking.

This proposed rule is being criticized by state governments, federal agencies, industry, agriculture, and silviculture, not to mention the grass roots contribution to the 30,000 comments to EPA. I have heard from land owners and businesses in New Hampshire and all over the country about this rule. If they have to get new permits for their farms or logging operations, many will have to sell their land to developers. On top of that, the Administrator of the EPA admitted that EPA failed in writing a clear rule. We have a duty to carefully analyze this rule and thanks to hearings like the one today, we can learn more about the rule.

There is one witness that I would like to extend my personal welcome and appreciation for taking his valuable time to come to this committee and testify and that is Tom Thomson of Orford, NH. Mr. Thompson is a well respected forester in New Hampshire and in fact was named the 1997 Outstanding Northeastern tree farmer of the year. A quote by a district conservationist in a tribute story about Tom by the Appalachian Mountain Club can better describe than 1, Tom's love of the land, "If everyone had Tom's stewardship ethic, there would be no environmental problems."

Tom, I understand how valuable your time is in order to run a family business and I thank you and the rest of the witnesses for providing your perspectives on this TMDL proposal. Thank you.

MEMORANDUM

To: Tom Thomson, National Tree Farm Operating Committee

FR: Eric Kingsley, Executive Director

DA: March 21, 2000

RE: Meeting with EPA on TMDLs

Cc: Katy Moffet Rigoil (for delivery to Tree Farm)

Tom:

Thank you for participating in our meeting today with representatives from EPA Region 1. Participants from EPA included Ron Manfredonia (Associate Director Surface Water Program, Office of Ecosystem Protection), Carl Deloi (Director, NH Office Ecosystem Protection), and Rudy Brown. State officials participating were Philip Brace (Director, NH Division of Forests and Lands) and Gregg Comstock AH Department of Environmental Services). Representative from the NH Congressional Delegation included John Cavanaugh (Senator Gregg), Jeff Rose (Senator Smith), and Will Wrobleski (Congressman Sununu). Private forestry interests were Joel Swanson (Champion International), Susan Slack (Society for the Protection of NH Forests). and Jeff Coombs (Chocoua Forestlands).

At this meeting. Mr. Manfredonia indicated clearly, and repeated upon questioning, that silviculture and forestry operations are not, to the best of his knowledge and data, an issue for water quality in EPA Region 1. He indicated that wastewater treatment facilities, combined sewer overflow, and urban storm water runoff were the areas where there were significant opportunities for improvements in water quality in New England.

The conclusion of the meeting with EPA and the state agencies was that there is no reason that the EPA should step in and regulate forestry in this region, as the states and private sector are doing an excellent job of making certain that forestry operations do not harm water quality.