EPA/USDA Submit Clean Water Action Plan to Vice President
Background: On October 18, 1997, the 25th Anniversary of
the Clean Water Act, Vice President Al Gore issued a memorandum
calling for a "comprehensive approach to water quality at
all levels of government," and directed U.S. Department of
Agriculture (USDA) Secretary Dan Glickman and EPA Administrator
Carol Browner, in consultation with all other affected agencies,
to develop a "comprehensive Action Plan." The Plan is
to provide "enhanced protection from public health threats
posed by water pollution; more effective control of polluted runoff;
and, promotion of water quality protection on a watershed basis"
as its three major goals.
Status: The joint EPA/USDA Clean Water Action Plan was
submitted to the Vice President on February 19, 1998. The Action
Plan was distributed to the membership via Regulatory Alert RA
98-3. The Action Plan describes a 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. 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
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). AMSA has extracted certain key action
items from the Plan which are of primary interest to the AMSA
membership (see RA 98-3). 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. 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.
CONTACT: Geoff Grubbs, EPA 202/260-7040 or Mark Hoeke, AMSA 202/833-9106.
EPA TMDL Advisory Committee Crafts Third Revision to Committee Report
Background: Due to lawsuits filed in over 30 states by
environmental groups against EPA concerning TMDL program oversight
requirements under CWA Section 303, 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. Under Section 303, EPA must develop TMDLs when states fail
to do so. 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.
Cheryl Creson of California's Sacramento Regional County represents
AMSA on the TMDL Committee. Twenty other representatives from
states, municipalities, environmental groups, academia, industry,
agriculture, and forestry interests make up the TMDL advisory
group that is drafting a report which it hopes to finalize and
submit to EPA in June 1998. EPA plans to propose revisions
to its Total Maximum Daily Loads (TMDL) program regulations and
accompanying guidance in November 1998 and will finalize these
revisions in October 1999.
Status: EPA's TMDL federal advisory committee met for
the fourth time in a series of five meetings on January 21-23,
1998 in Salt Lake City, Utah. During the meeting, consensus was
reached on several outstanding issues that had been left unresolved
in the Committee's latest January 15 draft committee report, such
as two-year listing/delisting cycles, federal land management
agency roles and responsibilities, provisions for "equivalent"
TMDLs, and a seven-step hierarchy approach to TMDL development.
The Committee disagreed on several other issues, however, such
as developing candidate lists for waters needing more data, and
whether waters expected to meet water quality standards through
point source controls should be listed. One notable issue raised
in the Committee's current report, and which was discussed during
the meeting, was EPA and state's rarely used regulations concerning
new source prohibitions for impaired waters. EPA is concerned
that it may be vulnerable to litigation on this issue and wants
the issue addressed in the Committee's final report. Current EPA
regulations at 40 CFR 122.4(I) provide that "no new permit
may be issues to a new source or a new discharger, if the discharge
from its construction, or operation will cause or contribute to
the violation of water quality standards." In the interim
period between listing and TMDL development, the Committee has
tentatively agreed that such a prohibition should be applied.
However, the Committee has also recommended that the regulations
be modified such that stakeholders are given flexibility to develop
stabilization plans that include trading or offset activities.
This flexibility would allow for prohibition exemptions when overall
loadings decrease. The Committee will be drafting a revised version
of its report by March 2 and will solicit public comment before
finalizing the report at its May 4-6 meeting in Atlanta, Georgia.
AMSA's TMDL working group is currently reviewing the Committee's
January 15 report, and the general membership will receive a copy
of the Committee's March 2nd draft when available in an upcoming
Regulatory Alert. A final meeting of the Committee is scheduled
for May 4-6, 1998 in Atlanta, Georgia. CONTACT: Mark Hoeke,
AMSA 202/833-9106 or Don Brady, EPA 202/260-5368
House Republicans Sue President Clinton on 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. Over 125 nominations were received for American
Heritage Rivers designation.
Status: A group of House Republicans have sued President Clinton over the American Heritage Rivers Initiative. The group argues that the President has overstepped his executive power in issuing the program, which lawmakers fear would place thousands of miles of rivers and communities under federal control and undermine private property rights. In a brief filed last month, the group argues that Clinton's program, "attempts to engage in land use planning and local zoning so as to preserve and protect rivers, and their immediate environments, including the 'characteristic of the natural, economic, agricultural, scenic, historic, cultural, or recreational resources of the river that render it distinctive or unique.' Defendant Clinton has no authority under the Constitution to engage in land use planning and local zoning." The suit was filed by Reps. Helen Chenoweth (R-ID), Richard Pombo (R-CA), Bob Schaffer (R-CO), and Don Young (R-AL). Designation of the first 10 rivers under the program is expected in mid-March to April 1998. CONTACT: Karen Hobbs, Council of Environmental Quality 202/395-5750.