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Comprehensive Watershed Management Issues

EPA Releases Index of Watershed Indicators

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.

Status: On Oct. 2, EPA released its Index of Watershed Indicators (IWI), a comprehensive assessment of 2,111 watersheds nationwide. The study identifies 16% of our nation's watersheds as having "good" water quality, 36% as having "moderate" water quality, and 21% are said to be in "serious" jeopardy. Information on specific watersheds can be found on the EPA web site at: http://www.epa.gov/surf/iwi. AMSA plans to conduct a formal data review of IWI later this month. Assessments are expected to be ongoing as new data are identified or added. CONTACT: Mark Hoeke, AMSA 202/833-9106 or Geoff Grubbs, EPA 202/260-7040.

EPA Releases Draft Nonpoint Source Pollution Control Strategy

Background: In May 1996, the U.S. Environmental Protection Agency published, in cooperation with the States, issued a national Nonpoint Source Program and Grants Guidance, which describes the Agency's goals for an enhanced Section 319 program which provides improved technical assistance and cooperation to help State implementation. As a followup to this guidance, EPA and the States have embarked on a collaborative process to engage other watershed stakeholder interests with the hope of improving nonpoint source control programs nationwide. EPA has recognized that current efforts to control nonpoint source pollution are not enough to attain beneficial uses of waterbodies in the U.S., and has asked States, and other interests to focus efforts to "do more" and "quicken the pace" of nonpoint source control.

Status: On October 14, 1997, EPA officially released a draft strategy titled, "Nonpoint Sources -- Picking up the Pace, EPA's Draft Proposed Strategy for Strengthening Nonpoint Source Management." The strategy presents an overall vision that "all States and Tribes, with active assistance and participation of all stakeholders, are implementing dynamic and effective nonpoint source programs to achieve and maintain beneficial uses of water by the year 2013." The strategy describes a suite of programs and activities that EPA has or has proposed to initiate to help States in their efforts to control nonpoint source pollution. Highlights of some key programs and activities proposed include: 1) development of nutrient water quality standards; 2) strengthening EPA's anti-degradation policy, 3) developing air deposition reduction strategies; 4) promotion of State enforcement tools; 4) strengthening NPDES regulations for animal waste discharges; 5) strengthening urban runoff controls (through implementation of Stormwater Phase II program); and 6) Revision of regulations or guidance regarding State certification for activities on Federal lands (Section 401). A copy of the draft nonpoint source control strategy will be distributed to the membership via an upcoming Regulatory Alert. Also, on October 14-15, 1997, EPA and the States convened a two-day meeting of leading State, Federal, local, and private sector groups to identify both the key activities that each organization is willing to enter into, or has entered into, to support effective State nonpoint source programs, and the priority concerns and needs that the organization has to assure long-term success in the partnership. CONTACTS: Dov Weitman, EPA 202/260-7088, or Mark Hoeke, AMSA 202/833-9106.

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 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. A copy of the 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

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: 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.