Comprehensive Watershed Management Issues
EPA To Release Index of Watershed Indicators (Formally National Watershed Assessment Project) In JulyBackground: 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: On May 1, EPA distributed its most recent draft of the Index of Watershed Indicators (IWI) to Regional and State water quality directors for comment. EPA has made several modifications from previous drafts which include: the addition of explanations and caveats to the data layer maps, refinement of data handling techniques, refinement of data presentation, and updates with more recent data. AMSA met with EPA officials on May 22 to comment on several issues regarding the presentation and packaging of IWI when it is released to the general public. AMSA, still concerned with the potential misuse of the data by special interests, recommended that EPA more clearly indicate that the maps represent a broad range of years, all of which are not concurrent, and that the data do not indicate trends. Also, in previous drafts of the project, AMSA had concerns with two map layers which compare point source discharge loading information with permitted loads. One issue concerning estimation of loadings from data reported below detection was addressed by assuming zero monthly loading for these data. Another issue was how to estimate monthly loadings from daily maximums when no monthly average is reported, especially in the case of residual chlorine. The latest drafts of these maps estimate monthly loadings from daily maximum monitoring points by multiplying these daily loads by 30, except for chlorine, which was calculated as only a one-day loading. The result of these two changes was a drastic reduction in the number of watersheds which show average discharges above permitted loading limits. EPA hopes to complete Phase I and have it available for public release by mid-July 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 Summer 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). On May 13, EPA posted a summary of comments to the effluent trading document on its Internet Web Site. Comments from 46 organizations, including AMSA can be viewed or downloaded at http://www.epa.gov/owow/watershed/tradecom/tradecom.cfml. CONTACTS: Mark Hoeke, AMSA 202/ 833-9106, or Mahesh Podar, EPA 202/260-5387.
Revisions to TMDL Process
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: AMSA submitted its concerns and recommendations to EPA on its draft TMDL Implementation Strategy on May 13. The strategy explains EPA's vision, priorities and steps it will take to help states meet TMDL program requirements. The strategy identifies issues for which EPA may develop guidance and/or make regulatory changes. The strategy also describes activities that are currently underway, have been recently initiated, or for which EPA will direct a greater portion of its available resources. In its comments, AMSA notes the strategy generally addresses the major technical and public participation components necessary for successful implementation of the TMDL process, but expresses concerns about the lack of emphasis placed on nonpoint source regulation and funding issues. AMSA notes that the draft strategy associates implementation of nonpoint controls with available funding resources, reinforcing the inequity in EPA's authority-tight control on point sources, and marginal control authority on nonpoint sources. AMSA recommends that "the implementation strategy should recognize the need for supplementary resources and funding from EPA at both the state and local level." AMSA also advocates that minimum implementation standards for best management practices (BMPs) be established for nonpoint sources within 303(d) watersheds, and that water quality compliance activities be based on implementation of these BMPs, similar to EPA's national approach for urban stormwater permitting. Additional AMSA comments/recommendations include: (1) EPA should establish a process where designated uses are routinely reviewed for appropriateness, (2) support for a phased approach to TMDL development where such an approach would not inappropriately base significant decisions on inadequate data, and hamper efforts to refine loading allocations when more data become available, (3) support for modification of the current listing cycle from two to five years, (4) EPA should focus monitoring and assessment assistance on providing resources to support additional ambient monitoring efforts, and (5) EPA should consider potential adverse impacts of a water pollution control program on a community when developing or implementing TMDLs. EPA plans to issue an interim TMDL Strategy following comment review and has already begun implementing some of the Strategy's components. EPA will also consider recommendations from its TMDL Federal Advisory Committee (FACA) as they are developed and will periodically revise the strategy to reflect the committee's recommendations, other stakeholder feedback, and scientific developments. The next TMDL FACA meeting is scheduled for June 11-13, 1997 in Milwaukee, Wisconsin. Issues to be discussed include listing waters criteria for TMDL approval, EPA management and oversight, and science & tools. 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. The National Office distributed the guidance via Regulatory Alert, RA 97-9 which solicited comments from the AMSA membership. Comments are due to the National Office by June 6, 1997. CONTACT: Mark Hoeke, AMSA 202/833-9106.
American Hritage 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: In the May 19 Federal Register, the President's Council of Environmental Quality issued a proposal and request for comments on the overall design of the American Heritage Rivers program. The proposal describes the benefits of designation which include recognition by the presidential proclamation, the assignment of a single contact/liaison for all federal resources, coordinated delivery of federal resources, federal commitment to a "good neighbor policy" to ensure that all federal actions complement American Heritage River goals and objectives, and encouragement of private sector opportunities to restore, protect, and revitalize designated rivers. Comments on the proposed program are being accepted until June 9, 1997. Additional information can be obtained from the American Heritage Rivers Initiative homepage at http://www.epa.gov/OWOW/heritage/rivers.cfml. 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 www.ctic.purdue.edu.