Comprehensive Watershed Management Issues
AMSA Participates in EPA's National Watershed Assessment Project Experts MeetingBackground: EPA's Office of Water and its many public and private partners are using joint information to characterize the conditions of the 2,150 watersheds in the continental United States. According to EPA, the purpose of the project is fourfold: (1) characterize the condition of 2,150 watersheds in the U.S.; (2) to stimulate and empower citizens who will now have access to this aggregated information; (3) provide a baseline for a dialogue among water managers; and, (4) to measure progress towards a goal of healthy watersheds. 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: On March 12-13, EPA convened a meeting of approximately 40 experts to discuss issues, concerns, and next steps relating to its National Watershed Assessment Project (NWAP). The March 12-13 meeting focused on making recommendations for improving the quality and usefulness of the data presented and what additional data layers may be needed to provide accurate assessments of watershed health. During the meeting the group held several breakout discussions on individual data layers used to characterize watershed condition and vulnerability. Two of the data layers, which compared point source discharge loading information with permitted loads, were discussed in the "loads over limits" breakout, in which AMSA participated. AMSA, as well as EPA's Office of Wastewater Management, and some states are concerned that the preliminary loading data maps inaccurately portray actual compliance rates. Several issues were discussed including how to handle data below detection, and how to estimate monthly loadings from daily maximums when no monthly average is reported, especially in the case of residual chlorine. EPA hopes to complete Phase I and have it available for public release by late spring 1997. 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, and affected industry involvement and public participation are crucial components to trading.
Status: AMSA submitted its comments on EPA's "Draft Framework for Watershed-Based Trading." on September 6, 1996 (see September 1996, Regulatory Update). EPA offices are internally discussing their concerns, as well as comments received on the framework, including those from AMSA, and will solicit additional stakeholder input through public meetings, potentially in Spring 1997. Assistant Administrator for Water, Bob Perciasepe, has re-stated his commitment to finalize the Framework in his recent National Water Program Agenda (distributed to the membership via Regulatory Alert RA 97-5). CONTACTS: Mark Hoeke, AMSA 202/ 833-9106, or Mahesh Podar, EPA 202/260-5387.
Draft TMDL Policy Issued
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.
Status: On March 24, 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 for comment. Agency headquarters officials have stressed that the March 24 draft "will not preclude" the work being conducted by the agency's TMDL stakeholder advisory committee, and requested comments from committee members by the April 16 deadline. The officials have also noted that the draft "may be modified based on" recommendations developed by the group. In developing comments for the advisory committee, municipal interests -- including AMSA -- offered full support for the draft's emphasis on controlling nonpoint sources, but expressed concerns on whether it intends to include achievement of TMDL goals in its eight-13 year time period for scheduled completion of TMDLs. Another concern was that threatened reduction and denial of grant dollars to states may further exacerbate problems and preclude future implementation of TMDL goals. The eight-13 year time frame for the completion of TMDLs in the draft policy charges each EPA region with securing a specific written agreement with each of its states "establishing an expeditious schedule for the completion of TMDLs." Noting that state listings of all impaired waters as required by Section 303(d) of the Clean Water Act have been completed, EPA headquarters is requesting draft schedules from the regions by Oct. 1, 1997, with final schedules due April 1, 1998. Calling the establishment of a TMDL the beginning of the process -- "A TMDL improves water quality when the pollutant allocations are implemented, not when TMDLs are approved" -- the draft policy urges rapid implementation of pollutant allocations through the national discharge permitting program, state nonpoint source management programs, state and local water quality requirements, grassroots watershed improvement efforts, and programs conducted by other federal agencies. Much of the draft policy addresses implementation of pollutant allocations for nonpoint source dominated water quality impairments. Previous agency guidance failed to address the TMDL process regarding water quality impairments resulting entirely or predominantly from nonpoint sources. The draft points to state Section 319 nonpoint source management programs as the primary implementation mechanism. The draft policy adds that the implementation measures contained in State water quality management plans required by 40 CFR Part 130.6 must "provide a reasonable assurance that the load allocations for nonpoint sources identified in the TMDLs will be achieved." The draft also lists a number of steps that can be taken to ensure state implementation of necessary nonpoint source controls, such as greater emphasis on permitting and enforcing unpermitted small point sources that are generally regulated as nonpoint sources, and reduction or denial of grant dollars. The TMDL Advisory Group is scheduled to hold its next meeting June 11-13, in Milwaukee, Wisconsin. CONTACT: Mark Hoeke, AMSA 202/833-9106 or Don Brady, EPA 202/260-5368
EPA Releases Draft 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: EPA is accepting comments on the draft document until June 13, 1997. AMSA members will receive a copy of the guidance in an upcoming Regulatory Alert, which will also solicit comments from the AMSA membership. In a related issue, AMSA has been participating in a National Drinking Water Advisory Committee workgroup on source water protection. The purposes of the working group are to: (1) assist in the development of the national SWP guidance for States, and (2) initiate discussion among various groups that will be critical to the success of the SWP program for the long term. 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 Administration is on a fast track to make recommendations to the President in May 1997. Several stakeholder meetings are being held this month to provide feedback on the overall program, and on specific components, such as criteria used for designation and how to develop a toolbox of federal resources that meet community needs and interests. Additional information can be obtained from the American Heritage Rivers Initiative homepage at http://www.epa.gov/OWOW/heritage/rivers.cfml. A Federal Register notice inviting nominations is scheduled to appear in June.AMSA distributed a Regulatory Alert RA 97-7 advising its members of the upcoming regional meetings. CONTACT: Karen Hobbs, Council of Environmental Quality 202/395-5750.
Related Items of Interest
The U.S. EPA and the U.S. Department of Agriculture will conduct a National Watershed Project Symposium in Washington, D.C. to highlight the achievements in water quality through watershed projects. Slated for September 22-26, 1997, the symposium will present accomplishments of local projects funded under EPA's Section 319 National Monitoring Program and USDA's Demonstration, Hydrologic Unit Area Programs, and Management Systems Evaluation Areas. The symposium will also feature lessons learned in the Farm*A*SST/Home*A*SST programs. The symposium will be held at the Hyatt Regency on Capitol Hill in Washington, D.C. For a copy of the agenda, contact the Conservation Technology Information Center at 765/494-9555, e-mail ctic@ctic.purdue.edu, or visit the Internet Web site at http://www.ctic.purdue.edu.