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Action Please By: February 27,1998
To: Members & Affiliates
From: National Office
Date: February 20, 1997
Re: RA 98-3

Clean Water Action Plan

Attached is a copy of the joint EPA/USDA Clean Water Action Plan submitted to the Vice President on February 19, 1998. The Action Plan is a result of the Vice President's October 18, 1997 directive to EPA and USDA to work with other federal agencies and the public to develop a Clean Water Action Plan that charts a course toward fulfilling the original goal of the Clean Water Act --"fishable and swimmable" waters for all Americans.

A key element in the Action Plan is a new cooperative approach to watershed protection in which state, tribal, federal, and local governments, and the public first identify the watersheds with the most critical water quality problems and then work together to focus resources and implement effective strategies to solve those problems. The Action Plan also includes new initiatives to reduce public health threats, improve the stewardship of natural resources, strengthen polluted runoff controls, and make water quality information more accessible to the public.

In implementing this Action Plan, the federal government will: 1) support locally led partnerships that include a broad array of federal agencies, states, tribes, communities, businesses, and citizens to meet clean water and public health goals; 2) increase financial and technical assistance to states, tribes, local governments, farmers, and others; and help states and tribes restore and sustain the health of aquatic systems on a watershed basis.

To support the new and expanded efforts to restore and protect the nation's waters as proposed in this Clean Water Action Plan, the President's FY 1999 budget proposes a Clean Water and Watershed Restoration Budget Initiative. The funding provided in this budget initiative will dramatically increase federal financial support for clean water programs in FY 1999 and beyond. The Administration has requested in the 1999 budget, a total increase of $568 million for clean water programs support for EPA, USDA, DOI, and NOAA, with a total increase of $115 million for state nonpoint source programs (Sec. 319) programs and state program management grants (Sec. 106).

The Action Plan describes ten key principles to guide clean water efforts in the years to come and provide an overall context for the specific initiatives proposed in the plan and for investments of additional federal funds proposed in the FY 1999 Clean Water and Watershed Restoration Initiative. Several principles reaffirm key elements of the clean water program defined in 1972. Taken together, however, these ten principles suggest a new course for the nation's clean water program and its evolution based on assessment of past experience and anticipated changes in the broader arena in which it will operate.

To facilitate your review, AMSA has extracted certain key action items from the Plan which are of primary interest to the AMSA membership. As you will notice, many of these actions are currently ongoing, and AMSA is currently involved or has had some past level of involvement in these activities. In the coming weeks, AMSA will be identifying additional opportunities to link AMSA activities with the Clean Water Action Plan goals and action items. At this time, the National Office invites the membership to review the listed key action items, and those not listed, but included in the Plan, and identify concerns or additional areas of primary interest. Key action items of primary interest to the AMSA membership include:

Chapter II - Clean Waters: Healthy People

  • EPA and NOAA will conduct a national survey of mercury and other contaminant levels in fish and shellfish throughout the country during the period 1998-2000. This effort will be coordinated with state and tribal efforts to maximize geographic coverage.
  • By 1998, EPA will develop a multimedia strategy addressing mercury and other persistent, bioaccumulative, and toxic pollutants that cannot be fully addressed through single media controls and approaches. The strategy will include enforcement and compliance efforts to address noncompliance associated with contaminated fish and shellfish areas.
  • EPA will release its Contaminated Sediment Strategy that will coordinate its programs to address the following goals: (1)preventing the volume of contaminated sediment from increasing; (2)reducing the volume of existing contaminated sediment; (3) ensuring that sediment dredging and disposal are managed in an environmentally sound manner consistent with the needs of waterborne commerce; and (4) developing scientifically sound sediment management tools for use in pollution prevention, source control, remediation, and dredged material management.
  • In 1998, EPA will initiate place-based contaminated sediment recovery demonstration projects in five watersheds selected from those identified in EPA's National Inventory of Sediment Quality as being of the greatest concern. Remediation efforts will be coordinated with federal natural resource trustees.
  • EPA will direct enforcement and compliance assistance efforts, together with state and local authorities, at regulated sources contributing to conditions leading to closures of shellfish areas. These efforts will address sanitary sewer overflows, combined sewer overflows, storm water discharges, wet-weather discharges that contain substantial amounts of contaminants, and other point sources that are not discharging in compliance with applicable requirements.
  • In 1998, EPA will develop a specific plan and schedule for the development of a new generation of microbiological criteria for nationally protective beach water quality standards. New standards will be issued by 2003. The plan will include necessary research and interagency coordination, and describe the transition from the total coliforms/fecal coliforms currently in most state and tribal water quality standards to EPA's recommended E. coli and Enterococcus criteria, and new indicators for ear, skin, and respiratory infections. To ensure a nationally consistent system, EPA will establish a schedule for federal promulgation of standards where states fail to enact protective measures.
  • EPA will direct enforcement and compliance assistance efforts, together with state and local authorities, at regulated sources contributing to beach closings. These efforts will address sanitary sewer overflows, combined sewer overflows, storm water discharges, wet weather discharges that contain substantial amounts of contaminants, and other point sources that are not discharging in compliance with applicable requirements.
  • In October 1998, EPA will lead an agreement among federal agencies for directing program authorities, technical assistance, data, and enforcement resources to help states, tribes, and local communities design and implement their drinking water source water assessment and protection programs within the unified watershed protection and restoration efforts described in Chapter III. This agreement will draw on program authorities under relevant laws to assign priority to drinking water source water areas needing protection.
  • EPA will increase enforcement and compliance assistance in those watersheds where sources of drinking water are contaminated or threatened.

Chapter II - Enhance Natural Resources Stewardship

  • NOAA and EPA, in cooperation with other federal agencies, will develop a coordinated response system that supports state and local efforts in coastal waters for major events, such as harmful algae blooms and Pfiesteria outbreaks. Where appropriate, EPA will work with state and local governments to help focus existing enforcement authorities on reducing pollutant discharges contributing to such events.
  • NOAA and EPA will support the efforts of coastal states to reduce polluted runoff that may contribute to local or regional Pfiesteria problems, by providing technical and financial assistance for implementation of state coastal nonpoint pollution control programs under the Coastal Zone Act Reauthorization Amendments and state nonpoint source management programs under the Clean Water Act.
  • NOAA and Regional Fishery Management Councils will amend Fisheries Management Plans, including the identification of essential fish habitat, by October 1998. The amended Fisheries Management Plans will include options and recommendations to minimize adverse effects caused by state or federal activities.
  • NOAA and EPA will work with coastal states and territories to ensure that they have developed programs to reduce polluted runoff in coastal areas and that these programs are at least conditionally approved by June 1998 and that all programs are fully approved by December 1999, with appropriate state-enforceable policies and mechanisms.

Chapter II - Strong Polluted Runoff Controls

  • EPA and other federal agencies will provide technical assistance to states and tribes to help upgrade polluted runoff programs to address all nine key program elements. Beginning in FY 1999, EPA and all states, territories, and tribes will expedite incorporation of the nine key elements established in national guidance into section 319 Nonpoint Source Management Programs. Also in FY 1999, EPA will advise states and tribes that, beginning in FY 2000, EPA will award any section 319 monies exceeding the $100 million authorized level only to those states and tribes that have incorporated all nine key elements into an approved section 319 Nonpoint Source Management Program.
  • EPA will develop guidance that more specifically defines expectations and procedures for states to follow in fully implementing anti- degradation policies related to polluted runoff and will publish final guidance on this subject by December 1998.
  • EPA and, in coastal states and territories NOAA, will promote by the year 2000 the establishment of enforceable state and tribal authorities needed to ensure the implementation of nonpoint source controls to achieve water quality standards. EPA, in consultation with NOAA, will publish guidance describing existing and potential models of enforceable authority related to polluted runoff and will assist states and tribes in this effort.
  • EPA will work with states to increase the number and dollar amount of loans made through clean water revolving loan fund programs for priority projects to prevent polluted runoff, with the goal of increasing the annual percentage of funds loaned for this purpose to at least 10 percent (or about $200 million) by the year 2001. EPA will also work with states toward the goal of increasing to 25 the number of states using integrated priority-setting systems to make clean water funding decisions by the year 2000.
  • EPA will establish, by the year 2000, numeric criteria for nutrients (i.e., nitrogen and phosphorus) that are tailored to reflect the different types of water bodies (e.g., lakes, rivers, and estuaries) and the different ecoregions of the country, and will assist states in adopting numeric water quality standards based on these criteria over the following three years. If a state does not adopt appropriate nutrient standards, EPA will begin the process of promulgating nutrient standards.
  • EPA will work through the TMDL program to evaluate the linkage of air emissions to the water quality impacts to help determine appropriate reduction actions. EPA will work with states, tribes, and federal land management agencies to employ both Clean Water Act and Clean Air Act authorities to reduce air deposition of nitrogen compounds and other pollutants that adversely affect water quality. EPA will develop a report on methods for this work by the spring of 1999.
  • EPA will publish final regulations in 1999 on Phase II of the storm water program, consider public comments on the proposal, and work with states, tribes, municipalities, and the regulated community to make sure that storm water control measures are implemented as required.
  • EPA will focus its compliance assessment and enforcement resources on addressing noncompliance with existing Phase I storm water requirements by targeting priority watersheds where storm water is of concern.
  • EPA will develop a means to credit pollution load reductions from local growth management efforts in the Total Maximum Daily Loads submitted by states and tribes to EPA under the Clean Water Act.
  • An interagency task force will, in consultation with the Department of the Treasury, identify and assess tax incentive proposals related to water pollution prevention and natural resource enhancement and identify potential changes, with any appropriate offsets, for proposal in future budgets.

Chapter II - Improve Information and Citizens' Right to Know

  • The National Water Quality Monitoring Council will, by the end of 2000, compare sampling and laboratory methods and protocols leading to performance-based acceptable methods; establish reference parameters for specific monitoring purposes; identify core environmental indicators; establish consistent use of biological metrics; and develop guidelines on quality assurance and control.
  • The National Water Quality Monitoring Council, in coordination with the Committee on Environment and Natural Resources, will publish a national report describing current state of monitoring and models for assessing sources and impacts of polluted runoff; critical gaps and targeted areas in need of monitoring and modeling; priority polluted runoff research and assessment projects; and recommendations for improvements, including institutional roles and reporting of results at watershed, tribal, state, and national levels.
  • In 1999, EPA, in collaboration with other federal agencies and states, will initiate a tracking system to report key indicators of the success of programs to reduce nutrient runoff to waters.
  • In 1999, EPA, in cooperation with other federal agencies, states, tribes, and the National Water Quality Monitoring Council, will standardize monitoring and reporting by point source dischargers to support water quality and watershed management information needs.
  • EPA will collaborate with other federal agencies, states, and tribes to develop a state-of-the-art information system, building on the Index of Watershed Indicators, Surf Your Watershed, and STORET to present meaningful information to the public over the Internet about the health of aquatic systems in each of the more than 2,000 watersheds in the country.

Chapter III - Unified Watershed Assessments

  • States should work with other appropriate agencies, governments, organizations, and the public to create Unified Watershed Assessments that identify watersheds that do not meet clean water and other natural resource goals and where prevention action is needed to sustain water quality and aquatic resources. Federal agencies will ask state conservationists and state environmental agency leaders to jointly convene this process and to involve a full range of appropriate parties.
  • Federal agencies will provide technical assistance or funding support for state efforts to develop unified assessments of watershed health.

Chapter III - Restore Aquatic System Health on a Watershed Basis

  • By October 1998, states and tribes should work with appropriate agencies, organizations, and the public to define watershed restoration priorities, with special attention to watersheds most in need of restoration and protection. This schedule must be coordinated with section 303(d) of the Clean Water Act and provide an opportunity to bundle Total Maximum Daily Loads on a watershed scale. The schedule should identify the highest priority watersheds to be addressed in the first two years (through 2000).
  • EPA, in cooperation with other federal agencies, states, and tribes, will upgrade the National Index of Watershed Indicators in 1998 to support unified watershed assessments and to assist in evaluating the priority-setting process.
  • EPA and USDA, in consultation with NOAA, DOI, and other federal agencies, the states, and the National Watershed Forum, will submit a Watershed Restoration Progress Report to the President, the nation's governors, tribal leaders, and the public, evaluating progress in implementing restoration actions and recommending any actions needed to improve progress toward meeting clean water goals. Reports will be provided at the end of the year 2000 and periodically thereafter.

Chapter III - Building Strong Partnerships to Speed Restoration and Protection

  • To support local organizations and citizens in locally based watershed protection efforts, and to encourage the organization of such groups nationwide, EPA, USDA, DOI, NOAA, and other federal agencies will increase information and technical assistance available to these groups.

Chapter III - Watershed Management Framework

  • Federal agencies will prepare an analysis and implementation plan (with milestones and measures) detailing opportunities (including staff training) to orient federal programs and regulatory processes on a watershed basis and make these programs more collaborative and innovative.

Additional Copies
To obtain additional copies of the Clean Water Action Plan, call, write, or fax your order to EPA's clearinghouse, the National Center for Environmental Publications and Information, 1-800-490-9198, P.O. Box 42419, Cincinnati, Ohio, 45242, (513) 489-8695 (fax). Ask for EPA-840-R-98-001. The Clean Water Action Plan is also available for viewing on the Internet. Visit http://www.epa.gov/cleanwater.