Comprehensive Watershed Managment Issues
EPA Delays Release of Index of Watershed Indicators Until September
Background: EPA's Office of Water and its many public and private partners are using joint information to characterize the conditions of the 2,111 watersheds in the continental United States. According to EPA, the purpose of the project is fourfold: (1) characterize the condition and vulnerability to pollution of the watersheds of the United States, (2) to empower citizens to learn more about their watersheds and work to protect them, (3) provide a basis for dialogue among water managers and, (4) to measure progress towards a goal that all watersheds will be healthy and productive places. EPA stresses that the project is a general guide to watershed conditions, designed to open the door to further dialogue and obtain more detailed information. EPA stresses that NWAP is not a site-specific, detailed, high quality data source on which to base individual activities such as establishing permit limitations. Results of the assessment will be posted on EPA's Internet "Surf Your Watershed" Web site (http://www.epa.gov/surf) via maps and 2-page summary assessments for each watershed. Assessments are expected to be ongoing as new data are identified or added.
Status: EPA has completed Phase I of the project; however, delays in hard copy printing have caused EPA to schedule release of the IWI until September 1997. AMSA will encourage members to validate information in the IWI for their watersheds and forward their concerns to the National Office. Also, AMSA members will also be apprised on how additional information from their agencies can be linked to EPA's site. CONTACT: Mark Hoeke, AMSA 202/833-9106 or Geoff Grubbs, EPA 202/260-7040.
EPA's Draft Framework for Watershed Based Trading
Background: On June 10, 1996, EPA released a draft effluent trading framework document detailing information on the types of trading that can occur within a watershed, such as point-point source, intra-plant, pretreatment, point-nonpoint source and nonpoint-nonpoint source. It lays out the conditions necessary for allowable trading to ensure that waters receive the same or better levels of protection that would be attained without trading, stressing that "total pollutant reduction must be the same or greater than what would be achieved if no trade occurred." The document lists eight principles of effluent trading that pollutant sources must follow in order to meet water quality standards. For example, trades must be developed within a total maximum daily load process or other equivalent analytical and management framework.
Status: EPA has posted a summary of comments received on the effluent trading document on its Internet Web Site at http://www.epa.gov/owow/watershed/tradecom/tradecom.cfml. Comments from 46 organizations, including AMSA can be viewed or downloaded from the site. Though committed to finalizing the document, EPA has cited a lack of staff resources and shifting priorities as delaying its scheduled for release. EPA plans to solicit additional stakeholder input through public meetings. CONTACTS: Mark Hoeke, AMSA 202/ 833-9106, or Mahesh Podar, EPA 202/260-5387.
EPA Issues New TMDL Policy on Schedules and Implementation
Background: Due to the number of lawsuits being filed by environmental groups against EPA and states which have not met TMDL development/implementation requirements under CWA Section 303(d), EPA continues to develop a broad strategy to reinvent the TMDL process. Under CWA Section 303(d), states are required to identify waters in which technology-based effluent limitations are not sufficient to meet water quality-based standards, and requires states to develop TMDLs for these waters which will ensure that applicable water quality standards are met. EPA has formed a federal advisory committee of stakeholder interests to develop recommendations concerning needed changes to the agency's TMDL program implementation strategy, as well as TMDL-related policies, guidance, regulations and priorities. AMSA is represented on the Committee and has formed an internal TMDL working group to help identify priority issues among AMSA member agencies. On March 24, 1997 EPA distributed a draft policy that targets nonpoint source pollution while setting the "pace and implementation" of total maximum daily loads (TMDLs). The draft was sent to the agency's regional water division directors and water quality branch chiefs, as well as the Agency's TMDL FACA for comment (see April 1997 Regulatory Update).
Status: On August 8, 1997, EPA issued a final policy statement on Total Maximum Daily Loads (TMDLs) which provides direction to EPA Regions and States regarding TMDL schedule development and implementation. Highlights of the policy include: 1) allowing states 8 to 13 years to develop TMDLs for impaired and threatened waters; and 2) directing states to develop implementation plans which ensure achievement of nonpoint source load allocations in waters impaired solely or primarily by nonpoint sources. The policy is intended to set forth a nationally consistent approach for establishing and implementing TMDLs, and to supplement existing regulations and guidance. With regard to TMDL schedule development, the new policy stipulates that "Each EPA Region should secure a specific written agreement with each State in the Region establishing an appropriate schedule for the establishment of TMDLs for all waters on the most recent section 303(d) list, beginning with the 1998 list." Appropriate schedules are defined by the policy as "expeditious and normally should extend from eight to thirteen years in length, but the length may vary depending on state specific factors." The policy also clarifies that States consider both impaired and threatened waters for inclusion on their 1998 section 303(d) lists. The new policy also establishes a process for implementation of TMDLs for waters impaired solely or primarily by nonpoint sources. The policy states, "For all section 303(d)-listed waters impaired solely or primarily by nonpoint sources, each EPA Region should work in partnership with each State to achieve TMDL load allocations for nonpoint sources. All available Federal, State, and local programs and authorities should be used, including non-regulatory, regulatory, or incentive-based programs authorized by Federal, State, or local law." States are directed to submit plans for implementing load allocations for nonpoint sources as part of water quality management plans (WQMPs) or of equivalent watershed planning processes. The policy states that each State implementation plan should include reasonable assurances that the nonpoint source load allocations established in TMDLs [for waters impaired solely or primarily by nonpoint sources] will in fact be achieved. Where a State does not develop a plan for achieving TMDL load allocations for nonpoint sources, the policy directs EPA regions to take additional steps, including: 1) require the state to update its state WQMP under 40 CFR 130.6; 2) focus grant money toward states that are providing reasonable assurances that nonpoint source load allocations established in TMDLs will be achieved; 3) initiate source-by-source reviews of, and where necessary object to, NPDES permits in the watershed and in upstream and downstream watersheds, where the permit regulates the same pollutant covered by the TMDL and further reductions at the point source will speed progress towards achieving water quality standards; and, 4) Deny or revoke a state's enhanced benefits status under the new section 319 nonpoint source guidance. A copy of the new policy was sent to the membership via Regulatory Alert RA 97-20. CONTACT: Mark Hoeke, AMSA 202/833-9106 or Don Brady, EPA 202/260-5368
EPA Releases State Source Water Assessment and Protection Programs Guidance
Background: On April 4, EPA released draft guidance designed to assist states in the development of new Source Water Assessment Programs mandated by the Safe Drinking Water Act amendments of 1996. The assessments mark the first step of a long-term SDWA program designed to protect sources of drinking water from pollution. The April 8 draft guidance outlines time frames, processes, public involvement requirements and the scope of what constitutes an approvable state source water protection program, and provides information on coordinating the program with other state and federal pollution control efforts.
Status: AMSA submitted comments on the draft guidance on June 13, 1997. In its comments, AMSA supports the concept of source water protection and strongly encourages measures to link watershed management and source water protection efforts. One of AMSA's major concerns was that in order to develop meaningful source water assessments, states will need more than two years to complete the assessments and that the guidance should recognize the significant need to include local governments and water purveyors in the development of a state's assessment program and in the completion of the source water assessments. EPA issued a final "State Source Water Assessment and Protection Programs Guidance" on August 5, 1997. The final guidance allows states up to 3½ years from initial EPA approval of a state SWAP to complete source water assessments. EPA also indicates that it will be publishing a technical document to assist states in accomplishing efficient and effective susceptibility determinations. Copies of the document (EPA 816-R-97-009) can be obtained by calling EPA's Safe Drinking Water Hotline at: 1-800-426-4791 or e-mail at Hotline-SDWA@epamail.gov. CONTACT: Mark Hoeke, AMSA 202/833-9106.
American Heritage Rivers Initiative
Background: During this year's February 5th State of the Union address, President Clinton announced an initiative to designate American Heritage Rivers to help communities alongside them revitalize their waterfronts, and clean up pollution. Each community supporting a American Heritage River will be given resources to catalyze their community's work on behalf of a restored, revitalized river. The President has committed to designating 10 American Heritage Rivers this year.
Status: The public comment period on the design of the American Heritage Rivers Initiative closed on August 20, 1997. Nomination packets are available by calling 1-888-40RIVER or by accessing the American Heritage Rivers Initiative homepage at http://www.epa.gov/OWOW/heritage/rivers.cfml. Nominations are due December 10, 1997. President Clinton will designate the first 10 rivers in January 1998. CONTACT: Karen Hobbs, Council of Environmental Quality 202/395-5750.