Unfted States
Environmental
Agency
Agency
FY 1990
100R89101
March 1989
Wastogton DC 20460
guidance
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TABI,g QF CONTENTS
Page
ADMINISTRATOR'S OVERVIEW i
I. ASSISTANT ADMINISTRATOR1S OVERVIEW 1
II. ENVIRONMENTAL INDICATORS 12
1. Protecting Our Sources of Drinking Water 12
2. Protecting Critical Habitats 13
3. Protecting Surface Water 14
III. ENVIRONMENTAL PRIORITIES 15
A. Protecting Our Sources of Drinking Water-Activities
1. Public Water System Supervision 15
2. Ground-Water Protection 21
3. Underground Injection Control 25
B. Protecting Critical Habitats-Activities
1. Ocean Disposal Site Permitting and
Discharge 30
2. Near Coastal Waters/National Estuary
Program 33
3. Chesapeake Bay 38
4. Great Lakes 39
5. Lake Management 42
6. Wetlands 43
C. Protecting Surface Waters-Activities
1. Water Quality Standards 47
2. Water Quality Monitoring and Analysis 49
3. Water Quality Management 53
4. Nonpoint Source 56
5. NPDES Permitting 58
6. NPDES Enforcement 61
7. Pretreatment 64
8. NPDES and Pretreatment State Program Approval,
Review, and Oversight 67
9. State Revolving Fund Management 68
10. Management of the Ongoing
Construction Grants Program 70
11. Municipal Waste Water Treatment Works
Compliance Maintenance and Infrastructure
Protection 72
12. Municipal Technology Transfer, and Small
Community Outreach 75
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IV. REGIONAL INITIATIVES 79
V. SUPPLEMENT GUIDANCE 81
SPMS MEASURES AND SPMS DEFINITIONS APPENDIX
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ADMINISTRATOR'S OVERVIEW
The following document outlines EPA's environmental program
for FYj1990. It provides an overview of our national program
strategies as well as priorities for permitting, enforcement,
cleanup, and other activities for FY 1990. The most significant
activities;are included in the Strategic Planning and Management
System
(SPMS). Quarterly reports will inform me and other senior
managers about EPA and state progress and accomplishments.
i
AS weiplan for FY 1990 and beyond, our Agency must seek
better ways to manage this country's natural resources and
protect the environment and public health. The challenge to
protect the life sustaining ecosystem has never been greater.
Together we can prevent — not just abate — pollution, address
international environmental problems, and renew the nation's
commitment to ecology and natural resource conservation.
Fundamental to all these goals is better management,
stronger enforcement, and greater participation by the various
groups with which we work.
Controlling Pollution is Not Enough; Pollution Must Be Prevented
from Occurring in the First Place.
The country has learned the hard way that it costs much more
to clean up pollution than to prevent it in the first place. The
average cost of cleaning up a hazardous waste site under the
Superfund program is now over $10 million and rising. Yet the
United States generates billions of tons of effluents, emissions,
and other wastes each year, including nearly 160 million tons of
municipal garbage. Currently, each citizen generates about
three-and-one-half pounds per day. Our nation's communities are
running out of disposal options for this waste. The economically
and environmentally sound answer is waste reduction and
recycling.
EPA will work with state and local governments to meet a
national goal of 25 percent waste reduction and recycling by
1992. We will renew the agency's national leadership role to
help educate the American public on the importance of recycling
and will provide technical assistance to state and local
governments to help meet this goal. EPA will encourage industry
to find substitute materials and industrial processes that are
more efficient and reduce risk. Only with the commitment of each
level of government, -'industry, and the American people will this
nation be able to reduce pollution and protect public health and
the environment.
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| Solving The Moat Dramatic Environmental Problems Will Require
; Unprecedented International Cooperation.
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j { Acid rain, global warning, ozone depletion, destruction of
tropical rainforests, and ocean pollution — all will require an
unprecedented degree of international cooperation. Preserving
the quality of the environment in this country will mean
addressing these problems internationally. We must help more
countries around the world develop without compromising the
environment.
Historically, the United States has shared its scientific
research and pollution control technologies with other countries.
Our standards for air pollutants and automobile emissions have
been adopted by many governments. Recognizing the global nature
of many environmental problems, our country must begin to work
with others to build the legal and institutional framework needed
to address the problems internationally. The Montreal Protocol
to protect the ozone layer from destruction by chlorofluoro-
carbons (CFCs) and the work of the Intergovernmental Panel on
Climate Change are important beginnings. Our country must
provide strong international leadership to address these and
other global environmental problems.
Renewing the Commitment tp Ecology and Natural Resource
Conservation.
At the heart of EPA's mission is protecting the environment:
the country's streams, marshlands, estuaries, lakes, seashores,
and skies and the creatures they support. The American people
expect tangible environmental progress; they .expect that valuable
natural resources will be preserved for future generations. EPA
needs to monitor how well we are doing. Are we protecting our
wetlands from the pressures of development? Are beaches safe for
swimming, shellfish beds for harvesting crabs and oysters? The
Agency must renew our commitment to preserving or improving the
quality of important natural resources now threatened or degraded
by pollutiono
In addition, this Agency needs more long-term scientific
research to help answer critical questions: How do toxic
chemicals behave after they are released into the environment?
What are the risks associated with long-term exposures to them?
How resilient is the ecosystem? Improving our understanding of
the relative risks of. toxic pollutants in water or air will help
EPA set priorities better. Knowing more about the sources of
these pollutants — e.g., from urban or agricultural runoff or
small dry cleaning and other operations —will help us deal with
the problems more effectively.
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Gattinor More Environmental Results Means Batter Management.
Stronger Enforcement, and Greater Participation b the
There is a great deal to do and never enough time, people,
or money to do it all. The Agency must get smarter about setting
priorities among competing environmental needs — • priorities
based on the potential to reduce or prevent significant health
and environmental risks. Over the next few years EPA's budget
decisions will need to be more closely linked with analyses of
where the greatest opportunities lie for reducing or preventing
risks .
EPA also needs to get a better handle on the extent to which
our national, regional and local programs are achieving tangible
environmental results. We now realize, for example, that
dispersing industrial pollutants with tall stacks may reduce
emissions in close proximity to a source but may also bring acid
rain to lakes thousands of miles away. We need to assess the
long-term consequences of our nation's environmental strategies:
Do they effectively reduce or eliminate risks or merely transfer
them to another medium? If the programs created years ago have
not effectively addressed problems such as ozone, ground water
contamination, or acid deposition, then they must change.
Over the next few years EPA needs to redouble efforts to
track environmental conditions and trends to evaluate the
effectiveness of its programs. This Guidance document describes
environmental indicators now available to do this and work
underway to fill the gaps. In addition, regional, state and
local managers will have to place greater emphasis on tracking
the progress of their efforts. The environmental indicators
developed to help manage environmental problems in the Pacific
Northwest, the Great Lakes, and Chesapeake Bay should be a model
for other managers.
Better management is not the only requisite. Equally
important is executing EPA's primary responsibility to implement
the environmental laws of this land and enforce them with a sense
of vigor and urgency. If compliance with the regulatory
structure slips, it could lead to serious degradation in
environmental quality.
EPA's enforcement policies call for aggressive and timely
actions. To meet the growing demands on compliance monitoring
and enforcement, we must work effectively as a team. We must
continue to build strong working relationships within EPA, with
state and local governments, and with the Department of Justice.
Those involved in an enforcement action need to agree on their
respective roles early on and maintain good communications
throughout.
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We must place greater emphasis on enforcement in all
programs. In particular, we must increase the cleanups conducted
by responsible parties under Superfund through expanded
enforcement. Finally, many of the best ideas are to be found
across the country. They are being quietly tried and tested by
state and local governments, private firms, and non-profit
groups. We at EPA need to listen to their ideas and promote
those that are successful. Our regional offices are in a good
position to work with local innovators and facilitate the
transfer of good ideas to interested managers across the nation
and internationally.
I encourage every program office to consult broadly with
industry, environmental groups, state and local governments, and
other interested parties as we develop regulations, policies, and
legislative proposals. A high priority for the next four years
will be to build active, effective working relationships with
diverse interests. Cooperative problem-solving by these parties
has repeatedly borne fruit.
I look forward to working with the dedicated and
knowledgeable staff at EPA and with our counterparts in state
government. The full cooperation and involvement of everyone are
needed to help this nation and the world achieve a healthy,
productive environment.
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FY 1990 WATER PROGRAMS AGENCY OPERATING GUIDANCE
ASSISTANT ADMINISTRATOR'S OVERVIEW
The Water portion of the Agency's FY 1990 Operating Guidance
provides national direction to EPA, States, Indian Tribes, and
the regulated community in carrying out programs mandated under
Federal water protection statutes. These statutes include: the
Safe Drinking Water Act (SDWA), as amended by the Lead
Contamination Control Act of 1988; the Clean Water Act (CWA); and
the Marine Protection, Research and Sanctuaries Act (MPRSA), as
amended by the Ocean Dumping Ban Act of 1988. The Agency and the
States also implement programs to protect groundwater quality
through provisions under several different statutes.
The Office of Water (OW) uses a management accountability system
to set priorities, define performance expectations and track and
assess EPA and State performance. This system is vital to the
effective functioning of the Water programs because it links a
number of organizations at the Federal and State level (and, in
some programs, local governments as well) to a common set of
objectives and expectations when they are operating under these
Federal statutes.. The Office of Water Accountability System
(OWAS) includes the OW portion of the Guidance, the accompanying
SPMS measures, the OW program evaluation guide with quantitative
and qualitative measures, and the OW mid-year Regional
evaluations.
During the FY 1990 mid-year review process, the Regions provide
the OW Assistant Administrator with their projected operating
strategy and plan for FY 1991, including an overview of Regional
and State priorities and their relationship to national
priorities. This is done before FY 1991 commitments are made to
set the context for negotiation of State work programs and those
commitments. The mid-year evaluations also provide the Regions
the opportunity to present and discuss Region-specific
initiatives. These initiatives are directed at correcting
Region-specific problems that will result in significantly
increased environmental protection or substantially reduced
health/environmental risks.
The term State does not include Indian Tribes. The terms
Indian Tribes, Indian Tribes treated as States, and Indian Tribes
with Primacy are inserted after the term State where it is
appropriate to do so'.
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Activities with associated SPMS measures are denoted by [SPHS]
appearing at the end of the activities. Additionally, in line
with the Agency format, activities increased from the FY 1989
Operating Guidance are indicated by a plus (+) in the left
margin, new activities are indicated by the letter (N), and
decreased activities are indicated by a dash (-). No notation
indicates that the level of activity is the same as in FY 1989.
PROGRAM DIRECTIONS AND PRIORITIES
As a Nation, we have made impressive gains in the battle for
Clean Water. Many of America's rivers, streams and lakes have
been restored through the Federal, State, and local investment in
science, regulatory actions, wastewater treatment. Generally the
Nation has drinking water that is abundant and safe. The price
for this level of quality is perpetual vigilance to ensure that
our protection systems are maintained. Wastewater treatment
systems must be constantly operated, maintained, and upgraded.
New industry and municipal discharges must be stringently
regulated. Drinking water sources must be protected, treated,
and monitored to deal with a growing list of contaminants.
Despite our progress, we have not eliminated the underlying
causes of contamination. In fact, they are growing with our
population and economy. Habitat loss, especially wetlands and
coastal areas threatens the ecological values we are struggling
to protect. Nonpoint source pollution remains a serious problem
and is now attracting more Congressional and public attention
because our point sources are largely controlled. The plight of
our near coastal waters and beaches is under scrutiny by the
Congress, press, and public. Preventing the contamination of our
underground sources of drinking water is an increasing concern of
Congress and the public. Clearly, our job is not done.
Our arsenal of water program tools and responsibilities is
abundant and public support for our programs is strong. New
programs like Wellhead Protection, Nonpoint Source and the
National Coastal and Marine Policy give us even greater
opportunities to be effective through stimulating use of
environmentally sound land management practices that augment and
reinforce traditional pollution control approaches.
In FY 1990 we face the major challenge of maintaining the
integrity of our base programs and taking advantage of our new
opportunities, while facing substantial shortages in funding.
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The programs we put forward in this Guidance are ambitious. Our
operating policy is to demand as much Federal and State
performance as the system can generate, to stimulate increasing
cost-effectiveness in carrying out many of our repetitive tasks,
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to advocate creative work-sharing arrangements among Federal,
State, local and private programs, and to evaluate tradeoffs
within a context of broad, basin-wide or State-wide strategies to
address areas of greatest risk and benefit.
Both the Clean Water Act and the Safe Drinking Water Act programs
are largely delegated to the States; thus effective State as well
as EPA performance is critical to achieve success under these
laws. In addition, EPA and States are increasingly dependent on
local governments in newer geographic-based water programs such
as Class V Underground Injection Control, Nonpoint Source,
Wellhead Protection, and National Estuary Programs through
consensus-building. This leads to some competition between
Federal and State priorities, as well as tension between the
decentralized structure and the need for national consistency,
which must be managed within a climate of work-sharing and mutual
respect.
A sound Federal/State partnership is essential to implement
national programs in a comprehensive, coordinated fashion. In
1990, as a result of new and continuing demands from Federal
Water statutes, EPA and States must take a leadership role in
building public awareness and support to address Federal, State,
and local funding needs in order to continue to:
o Reduce human health risks posed by drinking water
and protect ground-water resources that serve as
drinking water supplies;
o Protect and maintain critical aquatic habitats,
including wetlands, from point and nonpoint
sources of pollution; and
o Protect and maintain the Nation's surface waters
from point source discharges, especially hazardous
and toxic pollutants.
In addition, Water programs will participate in EPA's strategic
effort to bring about a long-term shift towards pollution
prevention through source reduction and environmentally sound
recycling. EPA will develop its Pollution Prevention Strategy in
1989, with each program, including Water, formulating its own
plan in conjunction with the States and Regions. In 1990 EPA
headquarters, Regions, and States will begin implementing a Water
Programs' Pollution Prevention Plan.
EPA's Water programs will work with Indian Tribes on a
government-to-government basis to take all appropriate actions,
consistent with available resources, and to assist Indian Tribes
in improving and maintaining the quality of their water
resources. In 1990, as EPA completes pertinent enabling guidance
and regulations, EPA will place emphasis on awarding grants to
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Indian Tribes. In this regard, EPA will be reviewing and
approving Indian Tribe applications for treatment as States as
required by statute. In addition, emphasis will be placed on
improving communications with Indian Tribes and states to
encourage cooperative working arrangements.
A. Protecting Drinking Water Sources
EPA and State Drinking Water programs face many new challenges in
1990 in protecting drinking water at the tap and preventing
contamination of ground waters and surface waters that serve as
drinking water supplies. In 1990, EPA places high priority on
States accepting primacy for the new EPA regulations,
implementing the new program requirements, and enforcing against
violators of existing standards. In accordance with this
priority:
o EPA and EPA Regions will continue to develop safe
drinking water standards in accordance with the
requirements of the 1986 SDHA Amendments.
o States will need to increase enforcement
substantially, master new program capabilities,
and adopt new regulations to implement many new
provisions of the 1986 Safe Drinking Water Act.
Specifically, States will be expected to:
Enforce the first new Maximum Contaminant
Levels (MCLs);
Expand monitoring requirements for volatile
organic compounds;
Assume primacy for the new requirements in
the surface water treatment, coliform, and
lead/corrosion rules?
Initiate assessments of more than 9,000
surface water systems pursuant to the new
treatment rule with emphasis on approximately
4,000 unfiltered systems;
- Enforce the ban on plumbing materials
containing lead and lead public notification
regulations; and
Implement the provisions of the Lead
Contamination Control Act.
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Meeting new drinking water standards will be costly for States,
municipalities, and other water suppliers, with small systems
being the hardest hit because of high per capita cost, lack of
technical expertise, and fewer alternatives for raising money.
EPA's implementation strategy emphasizes setting risk-based
priorities, providing flexibility within the regulations for
small systems where warranted, increased enforcement, technical
assistance, training, and education.
EPA's strategy for improving nationwide compliance with drinking
water regulations is to:
o Target enforcement actions on violators in
significant noncompliance with existing standards;
and
o Stimulate voluntary compliance by improving the
public's and regulated communities' understanding
of the risks associated with contaminated drinking
water and increasing their awareness of and
support for treatment to reduce such risks.
EPA also places a high priority on preventing contamination of
current or potential drinking water supplies through protective
measures for ground water resources. EPA supports ground-water
source protection through State ground-water protection
strategies, State and local wellhead protection programs, and
control of underground injection practices. In addition, EPA
will continue to participate in the debate on whether national
groundwater legislation is needed in order to protect the
ground-water resource, more effectively.
There are a number of actions that States and EPA will take in
1990 to maintain momentum in this program. EPA will place
increased emphasis on providing technical and financial
assistance to help States and Indian Tribes expand and strengthen
existing ground-water protection strategies to:
o Address the total range of actual/potential
sources of contamination such as nonpoint sources,
hazardous waste, underground storage, and—in
particular— agricultural practices, especially
pesticides.
o Incorporate wellhead protection activities to
protect areas surrounding public drinking water
wells.
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EPA will initiate a program demonstrating creative approaches to
wellhead protection and the use of data management techniques to
enhance local protection actions.
EPA and States will also place increased emphasis on effective
compliance and enforcement of the UIC program. This includes:
o Continuing rigorous enforcement of requirements
governing Class I, IIt and III wells with special
emphasis on implementation of the hazardous waste
injection restrictions and the Class IV ban.
o Use of multi-faceted approaches to achieve the
regulatory standard governing Class V wells (i.e.,
preventing endangerment of underground sources of
drinking water). In 1990, this activity will
focus on high risk Class V wells, particularly
those that may threaten public water supplies.
B. Protecting Critical Habitats
The Clean Water and Marine Protection, Research, and Sanctuaries
Acts contain mandates to restore and maintain the chemical,
physical and biological integrity of the Nation's waters and to
regulate and phase out ocean dumping of sewage sludge and
industrial wastes, respectively. EPA's basic approach to
protecting critical habitats involves the use of comprehensive
approaches to address:
Coastal and Marine Waters
o Target water bodies, including estuaries of
national significance, the Great Lakes, Chesapeake
Bay, and freshwater lakes and streams as
prototypes for developing coordinated and
innovative approaches.
o Implement the "Interim National Coastal and Marine
Policy" to:
Protect, restore and maintain the nation's
coastal and marine waters,
Protect human health, and
Sustain living resources
in cooperation with the National Oceanic and
Atmospheric Administration and other Federal
agencies by:
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Controlling pollution from both land based
and off shore sources,
; - limiting habitat degradation and loss, and
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I - paying greater attention to scientific needs.
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o Implement the Ocean Dumping Ban Act by
issuing/enforcing permits that include a realistic
schedule for ending ocean dumping and have
alternative disposal systems in place.
o Implement the schedule outlined in the Section
403(c) Report to Congress to assess the impact of
the discharge limitations or conditions to assure
no discernible degradation of the marine
environment.
Wetlands
o Continue to implement EPA's Action Plan for
achieving the Wetlands Forum's goals of:
No overall net loss of the nations's
remaining wetland base, and
Restoration and creation of wetlands where
feasible, to increase the quality and
quantity of the nation's resource base.
Nonpoint Sources
o Provide leadership to the nonpoint source control
program through implementation of the National
Nonpoint Source (NPS) Agenda.
o Implement, through assistance to State and local
governments, approved elements of State NPS
programs, with special emphasis on providing
workable solutions (including best management
practices and regulatory options), educational and
public awareness materials, and improved water
quality criteria and monitoring protocols. This
activity will be coordinated with the assistance
of the U.S. Department of Agriculture.
Protecting critical -aquatic habitats requires integrated
approaches that expand beyond traditional, end-of-pipe controls
to a geographic-based approach. This approach will provide EPA
and States with an opportunity to implement more comprehensive
programs. In addition, this approach incorporates increased
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coordination between EPA and other Federal, state, Tribal, and
local governments and the public to ensure understanding of and
commitment to approaches for protecting critical aquatic
habitats.
The clearest example of this new approach is the National Estuary
Program (NEP). Under this program, the States, EPA, other
Federal Agencies, and the public are beginning to build
understanding and agreement on both the regulatory tools and
non-regulatory tools that may be needed to protect an estuarine
ecosystem. There is momentum going with this new "fledgling"
program, as well as in the NPS, Wellhead Protection, and Wetlands
programs; and there is potential for controversy farther down the
road if this approach does not translate planning into results
through implementation of effective controls.
For this new approach to succeed, EPA's leadership is critical to
stimulate action by other Federal, State, Tribal, and local
entities to:
o Develop and implement broad strategies that
integrate pollution control, fisheries management,
habitat management, and land use controls.
o Obtain public support and citizen involvement in
protecting specific resource areas (estuaries,
lakes, wetlands).
o Generate creative economic approaches (i.e.,
innovative financing, removal of unwarranted
Federal development incentives, and support of
conservancy proposals).
Success also requires continued support and assistance from EPA's
Office of Research and Development to achieve EPA's ten-year
strategy to reduce near coastal waters pollution. The research
program will focus on toxicity mechanisms of marine and estuarine
organisms and primary production as they relate to pollutant
loads and eutrophication in coastal systems. It will also focus
on wetlands mitigation actions, evaluate cumulative impacts of
wetlands losses, and improve our knowledge of the wetlands-water
quality interrelationships.
C. Protecting Surface Waters
Major improvements in surface water quality have been realized
through the combined efforts of EPA and the States. Consistent
with the WQA mandates;, EPA, States, and Indian Tribes treated as
States will focus on protecting human health and aquatic
resources by identifying and controlling toxic pollutants and
hazardous substances entering the nation's surface water.
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However, major unmet needs exist in surface water programs even
after more than 30 years of investment. Meeting these needs will
be expensive, and the impact will fall heavily on municipalities
which are expected to meet stringent effluent controls and
implement and enforce existing pretreatment requirements, while
at the same time implementing new requirements for combined sewer
overflows, stormwater discharges, and sewage sludge handling and
disposal.
Water programs will continue to maintain progress in water
quality standards, permitting, enforcement, municipal
construction grants management, and monitoring programs. EPA,
States, and Indian Tribes working together will:
o Adopt numeric criteria or a procedure to translate
narrative criteria into numeric criteria in water
quality standards for toxic 307(a) pollutants;
complete necessary procedures to implement
narrative and numerical criteria for instream
toxicity due to any pollutant (e.g., chlorine,
ammonia, and whole effluent toxicity); and make
every effort to complete procedures to implement
anti-degradation policies in this last year of the
1988-90 triennium.
o Develop and revise effluent guidelines and
categorical pretreatment standards to improve
toxic pollutant control, develop standards for the
disposal of sewage sludge, and develop water
quality criteria and advisories.
o Implement State combined sewer overflow (CSO)
strategies, with priority on discharges into
marine or estuarine waters.
o Reissue expiring or modify existing major permits
to incorporate limits for individual toxic
pollutants and whole effluent toxicity, with
priority given to actions that States will take
for individual control strategies (ICSs)
disapproved in 1989 and for expiring permits for
near coastal water dischargers.
o Develop sewage sludge management programs and
issue priority permits.
o Enforce against significant noncompliance by
dischargers, including violations of toxic
pollutant limits and POTW failure to fully and
effectively implement local pretreatment programs,
with emphasis on increasing enforcement in near
coastal water areas.
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Continue to use Federal Administrative Penalty
authority to assure faster, more effective
enforcement against direct and indirect
dischargers.
Continue orderly closeout of the Construction
Grants Program and building of sound, effective
State Revolving Loan Funds to provide ongoing
sources of financial assistance to construct
wastewater treatment facilities and to implement
NPS, groundwater, and NEP activities (including
wetlands).
Develop public/private partnership arrangements to
provide municipalities (especially small
communities) access to technical information and
expertise to build and operate cost-effective
wastewater treatment facilities.
Enhance coordination and cooperation between
wastewater and drinking water programs to assist
small communities through joint outreach programs.
Establish compliance maintenance programs to
promote effective management of the wastewater
treatment infrastructure.
D. State Grant Priorities/Flexibility
States are facing a severe financial shortfall in their operating
programs for drinking, ground and surface water, as they try to:
o Implement the new requirements given to them by
the amendments to the Safe Drinking Water and
Clean Water Acts;
o Maintain the base programs the States and EPA have
built over the past 20 years; and
o Replace Federal funds to compensate for the loss
of the set-asides to the construction grants
programs that diminish severely by the end of FY
1990 and disappear altogether at the end of FY
1994.
We are facing a breakdown. The challenge for us is to use our
current funding crises creatively—to generate new sources of
funding, to stimulate creative actions that achieve water quality
benefits at lower costs, to engage local and private actions in
performing tasks that relieve some of the governmental burden
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without loss of environmental integrity. Otherwise, we will see
growing backlogs of needed actions not completed (such as permits
and standards), growing non-compliance not addressed and
continuing loss of our clean water heritage. With our committed
and experienced Federal and State program staff, we can and must
master this challenge.
State implementation of programs for which they have accepted
delegated responsibility or which they are directed to implement
through Federal statutory mandates is not dependent upon a given
level of Federal funding. However, EPA recognizes that 1990 will
be a difficult year for many States given current budgetary
constraints, and that some States will be faced with having to
make program tradeoffs. It is essential that water quality gains
made through the Federal-State Water Program efforts not be lost;
any tradeoffs of base program activities to increase new program
activities should be evaluated for impact on water quality.
EPA encourages States to use the State Clean Water Strategies
(SCWS) process as their vehicle for setting out a plan that would
give EPA an opportunity to make a reasoned judgment on any
State's proposed alternative program. This approach provides
States with a forum for addressing the key issues and setting
priorities for action, a mechanism for integrating program
activities (including coordination with other agencies), and an
opportunity to build public support for their actions. In
addition, this approach is the best vehicle for States to make a
cogent case that they are continuing to protect water quality
gains while evaluating tradeoffs between the base program and new
activities.
EPA's State Funding Study, which will be completed in FY 1989, is
directed at assisting States to assess and deal with their
funding shortfalls. This Study, thus far, has documented States'
needs and outlined alternative ways of raising additional
revenues for environmental programs. The remainder of the Study
is expected to result in the ident'ification of ways in which EPA
can support States to seek additional funds. In 1990, EPA will
implement the recommendations of the Study that pertain directly
to it, as well as work with the States in their efforts to raise
additional State revenues.
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II. ENVIRONMENTAL INDICATORS
The following potential indicators are being considered by the
Office of Water as means to evaluate the long term impact of the
programs described in this section. They are not accountability
measures for evaluating FY 1990 program performance or impact.
A. PROTECTING OUR SOURCES OF DRINKING WATER
1. Public Water Supplies
a. During FY 1990, Office of Drinking Water, Public Water Supply
Program (PWS) , will continue to explore specific environmental
indicators which may be appropriate. Indicators being
examined include: percent population served by PWSs in
significant noncompliance (SNC) , percent population served by
PWSs with contaminants above reasonable risk, measures
resulting in direct environmental benefits, and measures to
reduce risks posed by drinking water contaminants which result
in direct public health benefits.
2. Ground Water
*
a. A set of indicators have been developed for ground water that
EPA, the States, and Indian tribes can use to track progress
and set priorities in ground-water protection efforts. The
indicators are: maximum contaminant level violations in public
drinking water supplies; nitrate levels in ground water,
number of pesticide registration/re-registrations that have
been modified to reflect ground water concerns, leachable
pesticide usage in vulnerable ground-water areas; and the
level of contamination in and around Resource Conservation and
Recovery Act and Comprehensive Environmental Response,
Compensation and Liability Act sites.
Review of the indicators is currently underway. Work with the
States, Indian Tribes, and others in the ground-water
community will continue. Inclusion of ground-water indicators
in the 1992 305 (b) Report is planned and EPA will continue to
work with State representatives on the indicators used for
this reporting.
b. Placing more emphasis on environmental indicators to measure
program success in the Underground Injection Control Program
(UIC) was discussed during the FY 1988-89 UIC Data Management
Assessment Project. The general consensus was that due to the
nature of the UIC program, development of indicators would be
difficult and implementation of them costly. The program is
currently using surrogates for environmental indicators and
will explore the appropriateness of using such indicators
during FY 1990.
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B. PROTECTING CRITICAL HABITATS
1. Marine Waters. Near Coastal Waters, and
a. Site specific indicators are appropriate for the programs
which impact near coastal and other surface waters. These
include: the National Estuary Program, the Chesapeake Bay
Program, the Great Lakes Program, and the Ocean Disposal and
Marine Discharge Programs. Indicators that are and will
continue to be considered by the above programs include:
phosphorous, and/or nitrogen levels, dissolved oxygen levels,
specific water and sediment toxic levels, declines and/or
trends in aquatic resources and habitat characteristics.
Because the programs within this group are geographically site
specific, indicators will be developed for individual sites on
an as needed basis.
2. Wetlands
a. In FY 1990 emphasis will be placed on identifying and field
testing indicators to measure the ecological integrity of the
Nation's wetlands. Research will be conducted to determine
appropriate chemical, biological, hydrological, and water
quality criteria for use in wetland ecosystems.
State administered pilot programs will be initiated to apply
the . awly developed criteria in wetland monitoring and
regulatory programs. The Office of Wetlands (OWP) will help
States use these criteria to determine wetland inventory
status and other types of trends. OWP will also continue
joint efforts with OWRS, begun in FY 1989, to get States to
incorporate wetland inventory and trend information into the
305(b) reports and other information systems as appropriate.
b. In addition, OWP will work with the U.S. Fish and Wildlife
Service (FWS) to assess better methods to calculate an
inventory of the remaining wetlands in the United States.
Recommendations made by the National Wetlands Policy Forum on
how to improve inventory information will be a key element in
developing this new methodology. The new methodology will be
useful as the FWS publishes its second comprehensive report on
the Status of the Nation's Wetlands in FY 1990.
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C. PR9T3CTING SURFACE WATERS
1. Rivers. Streams. Lakes. Marine Water. Near Coastal Waters, and
Wetlands
a. In FY 1989 the Office of Water Regulations and Standards
(OWRS) and the the Office of Management Systems and Evaluation
(OMSE) initiated a study to develop a uniform set of water
quality and trend indicators for inclusion in the FY 1991
Agency Operating Guidance.
These indicators will provide EPA and the States with a
quantitative means to track national progress in improving and
protecting surface water quality. The specific objectives of
the study include:
(1) Recommend actual or surrogate measures of improvement in
surface water quality and in the benefits of these
changes.
(2) Assess availability of data to support the candidate
indicators.
(3) Prepare a. final report describing indicators determined
by consensus to be the most meaningful and measurable.
A technical panel consisting of representatives from the
Office of Water Regulations and Standards (OWRS), the Office
of Marine and Estuarine Protection (OMEP), OWP, Office of
Water Enforcement and Permits (OWEP), the Office of Municipal
Pollution Control (OMPC), the Regions, other Federal Agencies,
and several States is the major vehicle for determining the
most appropriate indicators for the Office of Water's surface
water program.
The final report on the recommended indicators will be issued
during FY 1990. Indicators will be proposed for fresh and
Estuarine waters. In addition, special emphasis will be
placed on recommending indicators for near coastal and marine
waters.
b. A major activity in FY 1990 will be to examine how these
indicators can be integrated into OWRS, OWEP, OMEP and OMPC
management activities.
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III. ENVIRONMENTAL PRIORITIES
A. PROTECTING OUR SOURCES OF DRINKING WATER-ACTIVITIES
1. Public Water System Supervision fPWSSi Program
Major activities for the PWSS center on the reduction of all
violations of the National Primary Drinking Water Regulations
(NPDWR). The first priority for FY 1990 is the elimination of
all significant noncompliers of these regulations. At the
same time, Headquarters and Regions will enlist the support
and participation of all parties concerned about drinking
water in order to promote implementation of a comprehensive
new regulatory framework for drinking water protection. The
principal objective is to achieve the maximum degree of
voluntary compliance with existing and new NPDWRs through the
balanced applications of guidance, training, technical
assistance and enforcement. To this end, for FY 1990 we will
see an increased need for follow-up in community water systems
which have previously received an enforcement action but have
failed to comply.
Headquarters
Headquarters will continue to direct the national
implementation of the six mobilization initiatives
started in FY 1989, including coordination and support
to the Regions, States, and national organizations in
carrying out specific action plans.
Headquarters will continue public education by
completing pamphlets and other outreach materials
related to microbiological contaminants, radon, and
lead; participate in the National Drinking Water Week
Coalition (with 12 other organizations); and conduct
expanded media briefings on SDWA implementation.
Headquarters will continue to build State capacity by
working with State governments to complete
State-specific strategies and involving various
organizations in building support for innovative
funding or related options.
Headquarters will continue the initiative to gain
local government support of SDWA provisions by
continuing development of materials for local
government officials in collaboration with public and
private organizations, and developing coalitions with
other Federal agencies and organizations.
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Headquarters will continue efforts to asaist small
systeas through such initiatives as the mobile home
parks pilot project. Potential new initiatives
include a nationwide circuit-rider training program
for small private utilities, third-party training and
technical assistance, improving the links between
small systems and package-technology vendors, pilot
projects to develop innovative technical solutions,
and cross-program efforts throughout EPA to provide
training and technical assistance.
Headquarters will continue the coalition with Federal,
industrial and educational groups to inform the
non-transient water system community of its
obligations under the SDWA Amendments.
Headquarters will continue the Technology Outreach
Initiative by promoting the development and adoption
of simple low cost treatment technologies for small
systems to implement the SDWA and by helping to reduce
the barriers to innovative technological solutions;
continuing outreach activities on future laboratory
capacity and certification requirements; and
implementing the ODH/ORD memorandum of agreement to
support technical and scientific outreach,
particularly for small systems.
Headquarters will substantially complete regulation of
83 contaminants, and continue development of
regulations for disinfection/disinfectant by-products.
Headquarters will concur on selected State primacy
revision applications.
Headquarters will prepare guidance for the Issuance of
Variances and Exemptions which will include guidelines
on cost feasibility and unreasonable risk to health
criteria.
Headquarters will prepare guidance for States and
Regions on conducting vulnerability assessments.
Headquarters will continue to emphasize the upgrading
of laboratory certification programs for new
contaminants and expand the scope and regulatory
approach to establish a more nationally uniform
program for laboratory certification.
Headquarters will continue to encourage reciprocity
among States in laboratory certification and use of
third party certification of drinking water
laboratories.
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Headquarters will, in accordance with the Lead
Contamination Control Act, publish and disseminate
guidance to help schools test for, find sources of,
and remediate lead contamination of water supplies in
school buildings; accompanying this guidance will be a
list of water coolers known not to be lead free.
Headquarters will provide technical advice to the
Regions regarding the use of the guidance.
Headquarters will initiate efforts with the OGWP to
develop mechanisms for incorporating ground-water
protection components into PWSS program activities.
The Office of Drinking Water and the Office of
Municipal Pollution Control will continue to work
together so that information transfer and technical
assistance activities of each program can be carried
out efficiently and effectively, especially for small
systems.
ORO will provide reports on clinical, epidemiology,
and toxicity studies and human health assessments on
disinfection and disinfectant by-products and drinking
water contaminants to support the ODW need to develop
quantitative risk assessments for drinking water
regulations.
Reaions/States/Indian Tribes
Regions and States will participate in the national
mobilization strategy task force and be actively
involved in one or more of the subgroups of the six
initiatives. Outreach, technical assistance,
training, and technical transfer activities will focus
on the areas identified by the national task force,
based on the individual initiative action plans.
Outreach activities by the Regions and States will be
supported by the national task force, and be targeted
toward the State and local counterparts of those
national groups involved with the national
mobilization task force activities.
Regions will work with States to continue revision of
current primacy programs to adopt new Federal
regulations related to VOCs, public notification, the
surface water treatment rule, total coliforms, lead
and other regulations to implement the Safe Drinking
Water Act .'Amendments of 1986.
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+ o Regions, States and Indian Tribes with primacy will
continue to evaluate those PWSs that use surface water
to determine: (1) in the case of unfiltered systems,
whether treatment is necessary, and (2) in the case of
systems currently filtering whether there are
treatment deficiencies. In either case, States will
supervise compliance with prescribed performance
criteria, monitoring schedules, and/or compliance
schedules.
+ or Regions will conduct special reviews of selected State
and Indian Tribe PWSS programs where there is concern
about a State's or Indian Tribe's ability, or effort,
in implementing the primacy program.
+ o Regions, States and Indian Tribes with primacy will
continue to emphasize reduction of violations of the
NPDWRs. This will include those regulations where
compliance data are due in FY 1990. Regions, States
and Indian Tribes with primacy should use the full
range of available tools, and escalate actions as
needed, to achieve compliance — training, plan
\ review, sanitary surveys, technical assistance, site
inspections, enforcement, etc. Regions, States and
Indian Tribes with primacy should take into
consideration degrees of contamination, populations at
risk, acuteness of risk, etc., in employing those
compliance tools and apply them strategically to
obtain the maximum value for each action. Regions,
States and Indian Tribes with primacy should ensure
that their approach to noncompliance resolution is
consistent with the ODW compliance strategy.
o Regions, States and Indian Tribes with primacy are to
negotiate annual targets for the net percent change in
micro/turbidity/TTHM SNCs during the year. The goal
for the national average is a 10% net decrease in the
number of microbiological MCL or monitoring, turbidity
MCL or monitoring, or TTKM monitoring SNCs over any 12
month period. Individual States, Indian Tribes and
Regions should negotiate targets based upon that
State's or Indian Tribe's current compliance status
and capabilities in improving compliance. [SPMS]
N o Regions, States and Indian Tribes with primacy are to
negotiate annual targets for the net percent change in
priority micro/turbidity/nitrate/VOC violations during
the year for non-transient systems. National
expectatioh is to identify these violations and show
positive improvement in reducing the violations.
Individual States, Indian Tribes and Regions should
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negotiate targets based upon that State's or Indian
Tribe's current compliance status and capabilities in
improving compliance. [SPMS]
Regions, States and Indian Tribes with primacy should
emphasize use of their administrative, civil, judicial
and criminal enforcement authorities and follow
through on enforcement actions to ensure water
supplies achieve compliance.
Regions, States and Indian Tribes with primacy should
ensure that all SNCs are either returned to compliance
or are addressed in a timely and appropriate fashion.
Regions are to utilize available resources (based on
Enforcement Model - FY 1990) to take appropriate
enforcement action against all SNCs not addressed by
States in a timely and appropriate fashion. [SPMS]
Regions, States and Indian Tribes with primacy should
ensure that all noncomplying systems are at risk of an
enforcement action. Although first priority should be
on SNCs, noncomplying systems which do not meet the
SNC definition should not be ignored. These systems
should understand that they are in violation and are
subject to enforcement actions. Regions, States and
Indian Tribes with primacy should agree to enforcement
actions against some number of non-SNCs. Regions and
States with few SNCs should also focus on those
non-SNC violators which are considered to deserve the
most attention. EPA's Compliance Strategy should be
used in identifying those systems or groups of
systems.
Regions, States and Indian Tribes with primacy should
emphasize importance of Enforcement Agreements
containing clear statements of what is expected of
both States, Indian Tribes and Regions. Regions,
States and Indian Tribes with primacy will, at a
minimum, conduct quarterly compliance reviews to
discuss and verify progress made in compliance and
enforcement activities. During these reviews, systems
previously identified as SNCs and addressed by an
appropriate action that involves a compliance
schedule, and which have not yet achieved physical
compliance, should be reviewed. All systems which
fail to meet the conditions of their compliance
schedules are to be reported quarterly and are subject
to additional State or Federal formal enforcement
action.
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Regions, States and Indian Tribes with primacy will
monitor violations of MCL/monitoring requirements for
non-transient, non-community water systems, and follow
up with technical assistance, training, information,
and enforcement action as appropriate to bring about
compliance.
Regions will report information on Federal
administrative enforcement actions to Headquarters in
an acceptable format for statistical analyses and to
assess Regional performance relative to workload model
resources. This information will be used in an
administrative tracking system developed by
Headquarters and utilized by Regions to monitor and
manage AO activities. Included in this information
will be totals for NOVs, proposed and final AOs,
complaints for penalties, and Sec. 1431 emergency
orders. [SPMS]
States and Indian Tribes with primacy are to report
accurate violation and enforcement data and quarterly
updates of community water system status, and annual
updates for non-community water systems to Regions
within 60 days after the end of each quarter/year.
Regions are to ensure that data are submitted for
inclusion in FRDS and available for extraction within
90 days after the end of each quarter.
Regions will continue to review State and primacy
Indian Tribe programs for implementation of lead ban
provisions in accordance with the lead 5% guidance.
Regions will continue to conduct data verifications of
State compliance reports and begin verification with
any new Indian Tribe program reports. Regions will
follow up on those States for which previous audits
revealed reporting inconsistencies to ensure that
reporting quality improves.
Regions with Headquarters assistance will continue
special compliance initiatives (e.g. Caribbean and
Alaskan Remote Villages initiatives) and should begin
such new initiatives as warranted.
Regions and States are to review semi-annual updates
of Federal Agency Pollution Abatement Five-Year Plans
(OMB Circular A-106), obtained from Regional Federal
Facility Coordinators. Among other review priorities,
Regions/States should determine whether Federal
agencies are planning and budgeting for newly
promulgated regulations (with effective dates in the
future), so compliance may be obtained in a timely and
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appropriate manner. The State A-106 review should be
linked to State performance requirements through
State/Federal Agreements.
N o Regions will review compliance status for all Federal
facilities and initiate proper actions in cases of
violation.
+ o Regions will distribute guidance and list of water
coolers containing lead to States and primacy Indian
Tribes for distribution to schools in accordance with
the Lead Contamination Control Act.
+ o Regions will coordinate and support the development of
State programs to encourage local testing of taps in
schools and other buildings. Regions will also
provide technical support to States and Indian Tribes
regarding use of the list and guidance to identify and
remedy elevated lead levels in schools and other
buildings.
o Regions will continue to coordinate sampling and
information dissemination of the Pesticides Survey.
+ o Regions will act expeditiously on Indian Tribe
applications for treatment as States for development
grants and for primary enforcement responsibility.
o Regions will continue to support Superfund activities
on site-specific actions, reviews of remedial and
feasibility studies, and application of drinking water
MCLs.
2. Ground-Water Protection
Protecting ground-water resources continues to emerge as a major
national environmental issue. Because States/Indian Tribes have
primary responsibility in managing ground-water resources, a
major Federal role is to assist in their ground-water protection
and management efforts. Thus, EPA's activities include
coordinating programs with ground-water responsibilities,
assisting States/Indian tribes in developing a Wellhead
Protection (WHP) program [in accordance with Section 1428 of the
Safe Drinking Water Act (SDWA)] providing technical and financial
assistance for the States/Indian tribes on ground-water
protection strategies, and carrying out the Sole Source Aquifer
(SSA) designation process and review of Federal financially
assisted projects affecting SSAs. In addition, EPA is developing
policies to ensure integration and consistency of approach for
Federal programs focused on ground-water protection efforts.
Upon
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completion and adoption, these policies will be implemented by
EPA programs and appropriate activities will be revised
accordingly.
Headquarters
N o Headquarters and Regions will assist States/Indian
tribes in using the Wellhead Protection program as a
key element in prioritizing and focusing Federally
supported ground-water protection activities, i.e.,
UIC, NPS, RCRA, UST, Superfund, Pesticides.
o Headquarters and Regions will carry out the national
role of promoting and assisting States/Indian tribes
in developing and implementing wellhead protection
activities specifically tailored to their
hydrogeologic and environmental conditions.
o Headquarters will continue to develop and publish
technical assistance documents on specific wellhead
protection issues as well as other activities to
prevent the contamination of ground water.
o Headquarters and Regions will compile data and prepare
reports on the States'/Indian tribes' activities in
wellhead protection.
N o Headquarters will work with Office of Water
(OW)programs to develop mechanisms for incorporating
ground-water protection components into all water
activities.
N o Headquarters, in connection with the OW Committee,
will work with the Office of Pollution Prevention to
develop a joint agenda for ground-water protection
activities.
+ o Headquarters will work with Regions to integrate
further Regional ground-water protection activities
with both other media, specifically RCRA/CERCIA, and
other water programs.
+ o Headquarters will issue guidance for assisting
States/Indian tribes to broaden 'their ground-water
protection strategies to include other environmental
components, such as nonpoint sources of pollution,
agricultural chemicals, underground storage tanks, as
well as other activities such as monitoring and
systems/regulations development which were missing or
vague in current strategies.
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o Headquarters and Regions will participate in EPA-
USDA joint efforts on agricultural and environmental
issues.
N o Headquarters and Regions, with the Office of
Pesticides Programs, will issue guidance documents to
assist States/Indian tribes in developing pesticide
management plans which include prevention measures
tailored to area-specific differences in ground-water
use, value, and vulnerability and work with
States/Indian tribes to carry out pilot projects and
capacity building activities.
N o Headquarters will develop guidance for State/Indian
tribe ground-water grants, as provided under Sec. 106
of the CWA, focusing on State/Indian tribe
ground-water strategy revision and adoption activities
based on an EPA-sponsored study and forum with the
States.
o Headquarters will continue to participate in the SSA
designation process through oversight, analyses, and,
if necessary, petition review.
o Headquarters will implement common data standards for
the collection of ground-water data which, in turn,
will enhance storage and retrieval efforts.
N o Headquarters will develop and facilitate the
application of PC programs which use existing
Federal/State data systems such as STORET, IRIS, FRDS,
and WATSTOR in support of ground-water protection.
N o Headquarters will continue to enhance and modernize
STORET and other EPA ground-water data management
systems to make them more "user friendly."
N o Headquarters and Regions will continue their
involvement both in developing techniques for and in
promoting the use of geographic information systems
(GIS).
N o ORO will work on developing methodologies for
delineating wellhead protection areas, identifying and
assessing the risk of various point and nonpoint
sources of contamination, and developing approaches
for managing those risks within a given management
area.
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o ORD will continue to focus on methods development for
studies of subsurface transport and fate processes,
resulting in better human exposure assessments from
ground-water contamination.
o ORO will continue to support technology transfer
programs, focusing efforts on the WHP program. ;
Recrions/States/Indian Tribes i
I
+ o Regions will conduct a comprehensive review of each
State/Indian tribe wellhead protection (WHP) program
submitted to EPA for approval to determine whether or
not the program meets the full or partial requirements
mandated by statute. [SPMS]
o Regions will provide ongoing consultation and
technical assistance to States/Indian tribes in the
development and/or implementation of their WHP
programs.
N o Regions will assist States/Indian tribes in the
delineation of Wellhead Protection Areas and will
enhance States' capacity to assess specific sources of
contamination and develop risk management strategies
and options for multiple sources of ground-water
contamination.
N o Regions will test the applications of methods,
particularly data management, for protecting
ground-water resources which serve as drinking water
supplies through pilot projects in selected
communities.
o Regions will expand outreach and technical support
activities to assist Indian tribes in planning and
initiating wellhead protection activities.
o Regions will assist in the implementation of
protection efforts which foster prioritization and
consistency of action based on ground-water use,
value, and vulnerability.
+ o Regions will continue to provide technical assistance
to States/Indian tribes in their ground-water
protection strategies, particularly in response to the
EPA-sponsored study and forum with the States.
+ o States/Indian tribes will refine and further develop
processes to implement their ground-water protection
strategies, particularly focusing on those areas
requiring additional development.
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N o Regions will provide technical assistance to
appropriate State Water and/or Environmental
Protection Agencies in approaches to incorporating
pesticides management activities into their
ground-water protection strategies.
N o States will promote a multi-agency approach for
development of pesticide management plans for ground-
water protection.
o Regions will continue to manage the ground-water
grants (CWA section 106), to be used by the
States/Indian tribes to develop and implement
ground-water protection strategies.
o Regions will receive petitions for SSA designations,
formally accept completions and provide the technical
expertise necessary to review these petitions.
o Regions will review environmental impact statements
for appropriate Federal financially assisted projects
which affect a designated SSA.
N o Regions will identify ground-water data from Federal
and local sources which can be accessed through STORET
and provide technical assistance in its use.
N o Regions will provide technical assistance to Regional
and State data collectors in the use of the minimum
ground-water data element set so as to increase
compatibility of the data being collected.
N o Regions will promote the use of GIS by
Regional/State/local managers in ground-water programs
and will assist the ground-water program managers in
their use of the EPA-developed PC programs for storing
and using data in their decision-making endeavors.
3. Underground Infection Control Program
The major goal of the Underground Injection Control program in
FY 1990 continues to be the effective implementation of the
Federal UIC programs for non-primacy States and Indian Tribes
and the oversight of State and Indian Tribe UIC primacy
programs. A key objective in FY 1990 will be increased
compliance and more effective enforcement in direct
implementation and primacy programs. This will include more
national consistency in handling SNCs, increasing issuance of
AOs, implementing HSWA requirements, and a continuing emphasis
on field inspections and surveillance. In addition, the
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Agency will, as appropriate, issue additional regulations and
guidances and revise existing regulations governing Class I,
II and V wells. For Class V wells, major activities will be
the implementation of the Class V strategy and increased
activity on the part of Regions and States to identify and
deal with high risk wells. Finally, the program will issue
revisions to the Class II well regulations, as warranted,
pursuant to FY 1988 and 1989 mid-course evaluation activities,
Headoua rters
Headquarters will ensure that there is national
program consistency among Regions, States and Indian
Tribes with primacy; timely and appropriate handling
of and response to SNCs by issuing additional guidance
as necessary; providing training for Region, State and
Indian Tribe staffs; and increasing emphasis on EPA
oversight.
Headquarters will provide timely reviews and
coordination of all judicial enforcement actions on a
continuous basis throughout the year.
Headquarters will, as appropriate, issue additional
guidance or propose revisions to existing UIC
regulations for Class II wells based on the FY 88 and
89 mid-course evaluation results.
Headquarters will continue to coordinate with OSW in
proposing and promulgating effective land ban dates
for the "Thirds'* list of hazardous wastes currently
being injected in Class I-H wells.
Headquarters will provide technical support to Regions
and States in the review of Class I exemption
petitions to assure national consistency.
Headquarters will continue to bring high risk Class V
wells under regulatory control that have been
determined to require further control through
permitting, closure, or clean-up.
Headquarters will continue to support Regions, States
and Indian Tribes with primacy by providing technical
assistance to local governments on issues pertaining
to Class V wells.
Headquart rs will continue to conduct the peer review
project to enhance program management through exchange
of information. In FY 1990, the focus will be on
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Regional oversight of State primacy programs.
Headquarters will identify areas where national
guidance and policy revisions are needed.
Headquarters will continue to work with the National
MIT Workgroup to review alternative methods for
demonstrating mechanical integrity of wells for which
no current method is yet acceptable. Final
determination will be made on interim approvals made
in previous years.
Headquarters will continue efforts with USDA agencies
in managing problems associated with agricultural
injection wells.
Headquarters will continue to work with the Regions to
deliver inspector training and ensure that both new
and experienced inspectors receive program-specific
training.
Headquarters will continue to work with the Regions to
provide training for Indian Tribes on UIC issues.
Headquarters will initiate efforts with the OGWP to
develop additional mechanisms for incorporating
ground-water protection issues into UIC program
activities.
Headquarters will continue to improve the areas of
coordination between the UIC program and other
Federal, State and Indian Tribe agencies dealing with
ground-water (CERCLA, RCRA, CWA, TSCA, FIFRA).
Reqions/States/Indian Tribes
Regions will oversee States and Indian Tribes with
primacy by conducting intensive reviews of selected
programs, negotiating enforcement agreements, and
taking formal enforcement actions where States or
Indian Tribes have not or cannot respond to
significant violations in a timely and appropriate
manner.
Regions, States and Indian Tribes with primacy should
respond to all violations and must escalate actions in
accordance with national guidance on timely and
appropriate enforcement actions for all SNCs. Regions
will primarily employ Administrative Orders (AOs) to
deal with SNCs especially where less formal measures
do not result in timely compliance. [SPMS]
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+ o Regions, states and Indian Tribes with primacy will
remain alert to possible criminal violations arising
from false reporting or fraud and take timely and
appropriate actions.
+ o Regions, States and Indian Tribes with primacy will
ensure compliance with all formal enforcement actions
(both civil and criminal) through tracking and prompt
follow-up when deadlines are missed. [SPMS]
o Regions will continue to provide support for
administrative and judicial enforcement cases begun in
FY 1989 and prior years.
+ o Regions, States and Indian Tribes with primacy will
continue to close Class IV wells as they are
discovered. All suspected unauthorized Class IV wells
will be investigated promptly and all necessary steps
taken to ensure proper plugging and abandonment of
Class IV wells. Where it appears that injection has
been knowingly continued after prohibition, the matter
should be referred to the Office of Criminal
Investigation for evaluation.
o Regions, States and Indian Tribes with primacy will
maintain a strong field presence by conducting field
inspections and surveillance in accordance with the
priorities established in the UIC Compliance Strategy.
This will occur on a continuing basis throughout the
year. [SPMS]
N o Regions, States and Indian Tribes with primacy will
implement agency-specific compliance review strategies
based upon guidance issued in FY 1989. This activity
will ensure that all permitted or rule-authorized
Class I, II, III, or permitted Class V wells receive
comprehensive technical/operational evaluations,
including field inspections, on a regular basis to
determine their compliance with applicable
regulations. Compliance reviews can be triggered by
such events as re-permitting, 5-year permit reviews
and follow-up to non-compliance events. Compliance
reviews replace the 5-year cycle file review. [SPMS]
o Regions, States and Indian Tribes with primacy will
continue to review and make permit determinations for
injection wells. There will be a continued emphasis
on permitting new Class II wells, so that oil
production will not be impeded. Additionally,
Federal, State and Indian Tribe administered UIC
programs should place increased priority on permitting
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Class V wells and bringing high risk Class V wells
under regulatory control especially where they
threaten to contaminate USOWs. [SPMS]
o Regions will review petitions for exempting Class I-H
wells from ban provisions. States may assist the
Regions in the review process.
o Regions will ensure through all Regional, State and
Indian Tribe primacy program grant workplans and
agreements and Enforcement Agreements that State and
Indian Tribes carry out quantifiable Class V
activities, such as inventories, inspections,
permitting and enforcement actions as well as monitor
State compliance enforcement activitie . for Class V
wells.
N o Regions, States and Indian Tribes with primacy will
identify, implement and oversee demonstration projects
which will generate data and information necessary for
continued Class V well strategy and regulation
development within current resources. Demonstration
projects will be approved by Headquarters based on
guidelines issued in FY 1989.
+ o Regions will continue to take enforcement actions
against high priority Class V wells as required by Uic
guidance #62.
o Ada ORD will continue to develop technological
alternatives for regulating Class V wells.
+ o Regions will expeditiously review and process
approvable Indian Tribe applications for treatment as
State designation, for development grants, and for
primary enforcement responsibility.
N o Regions, States, and Indian Tribes treated as States
with primary enforcement authority will review primacy
program agreements and MOAs to ensure they are up to
date in light of the changing State and Indian Tribe
laws and implementation processes as well as new
national regulations.
N o Regions will work with States and Indian Tribes with
primacy to implement plans for inventory maintenance
and data .quality assurance, after the phase out of the
FURs data base to ensure timely and accurate program
reporting.
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o Regions, states and Indian Tribes with primacy will
continue to monitor and review the mechanical
integrity of injection wells to determine compliance
with UIC regulations. [SPMS]
o With support from Headquarters, Regions will continue
to provide program-specific training to both new and
experienced inspectors.
o Ada ORO will continue field evaluations of techniques
for determining the mechanical integrity and adequacy
of the construction of injection wells.
o Regions will continue to report information on Federal
Administrative enforcement actions to Headquarters.
[SPMS]
o Regions will continue to initiate MICs/MOUs with
Regional Ground Water Offices and keep them apprised
of all coordination activities involving other
ground-water related programs.
B. PROTECTING CRITICAL HABITATS-ACTIVITIES
1. Ocean Disposal Site Permitting and Discharge Programs
In FY 1990, focus will be on implementation of the new ocean
dumping legislation by Headquarters and Regions. Regions will
have an expanded role in preparation of environmental impact
statements (EISs) and disposal site designations for dredged
materials, as well as continuing to implement Memoranda of
Understanding (MOU) with the Corps of Engineers (COE) District
Offices, based on the national Agency-COE MOU. The Regional role
in site management and monitoring will also be expanded, and
Regions will continue to implement ocean discharge programs under
sections 301(h) and 403(c). In FY 1990, Headquarters and Region
II will continue work on plastic and other pollution control
activities required by MPPRCA, as well as the Ocean Dumping Ban
Act and degradable plastic ring legislation of 1988.
Headquarters
N o HQs will provide guidance and support to Region II in
the implementation and oversight of 1988 ocean dumping
legislation; in preparation of required reports to
Congress; and in coordination of activities with the
National Oceanic and Atmospheric Administration (NOAA)
and U.S. Coast Guard (USCG). (Ongoing)
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N o HQs will oversee MOUs with NOAA and USCG regarding
their responsibilities under 1988 ocean dumping
legislation. (Ongoing)
N o HQs, with Region II assistance and with other Federal
agencies as appropriate, will prepare and submit
report to Congress on ocean dumping monitoring plan.
(1st Quarter)
N o HQs, with Region II assistance, will begin to prepare
first annual report to Congress on ocean dumping
monitoring for submittal in the 1st Quarter of FY
1991. (3rd Quarter)
+ o HQs will continue to support Region II and other
activities, in cooperation with NOAA, for reduction of
marine plastics problems, including problem
assessments and public education on marine debris.
(Ongoing)
+ o HQs will continue to provide overview, guidance, and
contract assistance to Regions on EISs, site
designation decisions, site management,
sitemonitoring, and disposal permit issuance.
(Ongoing)
N o HQs, in cooperation with Region II and NOAA, will hold
a workshop on sewage sludge dumping at the 106 mile-
site. (4th Quarter)
+ o HQs will continue to develop comprehensive revisions
to ocean dumping regulation and implementing guidance;
develop final testing protocols manual, and support
Regional implementation through increased training and
technical assistance. (Ongoing)
N o HQs will develop interim testing protocols manual in
cooperation with Regions and COE. (4th Quarter)
o HQs, with assistance of ORD, will continue to support
MPRSA monitoring activities for evaluation of permit
compliance in cooperation with USCG, and continue to
support and provide oversight of the Regional
enforcement of MPRSA. (Ongoing)
o HQs will prepare and submit the annual report to
Congress on administration of the ocean dumping
program. (.2nd Quarter)
+ o HQs will continue to provide technical guidance and
direction for implementation of 301(h) monitoring
programs and revisions to 301(h) regulations; and
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assist Regions in managing and analyzing an increased
volume of monitoring data for permit reissuance under
the revised regulation. (Ongoing)
HQs will issue guidance for implementing 403(c)
program strategy as stated in the 1989 report to
Congress, will follow-up on the report
recommendations, and will provide support to Regions
for selected evaluations. (Ongoing)
Regions
N o Region II, with HQ assistance, will monitor permits
issued in FY 1989 for ocean dumping of sewage sludge
and industrial wastes for compliance with milestones
in compliance or enforcement agreements and with
permit terms; and take enforcement actions, as
appropriate. (Ongoing)
N o Region II, with HQ assistance, will prepare and submit
first annual report to Congress on progress made to
end ocean dumping of sewage sludge and industrial
waste. (1st Quarter)
o Regions will continue to conduct delegated ocean
dumping site designation activities.(Ongoing)
+ o Regions will increase involvement in preparation of
EISs for ocean disposal of dredged material and site
designation rule-making packages, review COE permits,
and expand efforts in conducting monitoring reviews
for site management with support of COE under EPA
Region-COE District agreements. (Ongoing) [SPMS]
+ o Regions will review ocean disposal permit
applications, require case-by-case testing to evaluate
wastes, conduct appropriate hearings, develop outreach
programs, increase site management activities, require
mitigation measures as necessary, require compliance
monitoring, and provide technical support for
enforcement actions by appropriate office. (Ongoing)
o Regions will refer to the Office of Criminal
Investigations matters involving knowing violations of
MPRSA, including any suspected dumping of toxic or
hazardous materials without a permit; and will provide
technical support for criminal investigations and
prosecutions in the ocean dumping area. (Ongoing)
o Regions will review and make determinations on
emergency ocean disposal permit applications.
(Ongoing)
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-33-
o Regions will review COE public notices for ocean
disposal permits for dredged materials for compliance
with EPA ocean disposal criteria. (Ongoing)
o Region II will continue impact monitoring for site
management and for potential redesignation of the 106
Mile Site. (Ongoing)
s
+ o Region II will jcontinue development of the New York
Bight Restoration Plan, based on three year schedule
developed in 19188, to complete schedule for pollution
control implementation, recommend funding and
interagency coordination, and prepare and submit
preliminary report to Congress. (1st Quarter)
+ o Region II will continue development of the New York
Mud Dump alternative site study with public review of
the findings, and preparation of the Final EIS and the
Final Rule, based on the three year schedule developed
in 1988; and will prepare and submit annual report to
appropriate Congressional committees. (1st Quarter)
+ o Regions will complete all initial 301(h) final waiver
determinations; make determinations of secondary
equivalency; evaluate monitoring programs to assure
that POTWs implement approved monitoring programs,
including appropriate quality assurance planning; and
begin evaluations of permits expiring in 1991.
(Ongoing)
+ o Regions, with HQ technical assistance, will implement
403(c) program strategy as stated in the 1989 report
to Congress for bringing National Pollution Discharge
Elimination System (NPDES) permits into compliance
with 403(c) criteria. (Ongoing)
o ORO will continue to develop methods for describing
transport, transformation, bioavailability, and
effects of contaminants discharged through ocean
outfalls; and will provide technical assistance in
support of the 301(h) and 403(c) programs. (Ongoing)
2. Near Coastal Waters fNCVH / National Estuarv Programs (NEP^
The long-term strategy is to respond to conditions in near
coastal waters and estuaries through a comprehensive
geographic-based approach to assessing and solving identified
problems and targeting environmental risk. In FY 1990, NCW
priorities will be: to expand national assessment of
environmental status and trends of NCWs with NOAA; to apply
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assessment data in ongoing Agency programs; to use enforcement as
a tool to correct identified problems, as appropriate; to
complete 6 NCW pilot projects and to begin transferring
innovative management and education and participation techniques;
to continue to maintain and update national network for
information exchange to transfer technologies about NCW problems,
management tools and techniques to assist State and local
decision-making; and to continue support, for the Gulf of Mexico
Initiative, including continuing development of the "Framework
for Action11 and undertaking monitoring and data collection to
evaluate Gulf's health and as basis for establishing
policy/regulatory! options.
The goal of NEP, as a national demonstration program, is to
create a few successful model estuary projects and transfer
technical, management, and community relations experience and
expertise gained to States and local governments so they can be
applied to other estuaries. The priorities for NEP are: to
continue to support projects entering plan implementation phase;
to continue to implement State/EPA Agreements for six 1985-86
estuary projects; to begin implementing State-EPA agreements for
six 1988 estuary projects; to evaluate new estuary projects and
convene management conferences in four new areas; to implement
priority action plans for initial estuary projects funded in FY
1988 and FY 1989; and to continue all estuary projects consistent
with national criteria and guidance.
Headquarters
o HQs will continue to support integration of NCW
initiatives into ongoing OW programs and recognition
of NCW priorities in targeting OW programs through the
NCW workgroup. (Ongoing)
+ o HQs will continue to maintain and update a network to
exchange information for technology transfer about NCW
problems, management tools and techniques to assist
State and local environmental decision making.
(Ongoing)
+ o HQs, with NOAA and regional assistance, will continue
to develop and expand a national and regional baseline
assessment of all NCWs to determine the nature and
extent of environmental problems in NCWs nationally
and locally. (Ongoing)
N o HQs will assist Regions in development of management
options and strategies, with public education and
participation, for those NCW segments where the nature
and extent of environmental problems has been
assessed. (Ongoing)
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-35-
+ o HQs, with cooperation of Regions, will continue
support for twelve ongoing NEP projects and select
four new NEP projects in FY 1990 under provisions of
the CWA. (Ongoing)
+ o HQs will continue to develop program guidance and hold
workshops, as needed, to address NEP implementation
plans and program monitoring, including public
outreach and awareness; and successful management
strategies will be updated and presented in a Handbook
of Management Strategies, a public finance primer, and
other tools, to support implementation of
Comprehensive Conservation and Management Plans
(CCMPs). (Ongoing)
+ o HQs will manage interagency coordination, work with
the Office of Federal Activities (OFA) to assure
Federal project consistency, continue to implement
inter-agency agreements with NOAA involving data
management, problem assessment, coastal zone
management (CZM) activities, and implement the CZM-
EPA/NEP Agreement. (Ongoing)
+ o HQs will continue implementing an interagency
agreement with NOAA governing NEP research and
supporting NOAA near coastal waters problem
assessments; and with NOAA assistance, begin to
prepare report on NEP research for submission to
Congress in the First Quarter of FY 1991. (Ongoing)
+ o HQs will continue oversight of six NCW pilot projects,
including project monitoring, developing needed
guidance, emphasizing the development, testing, and
beginning to transfer technologies and community
relations techniques. (Ongoing)
N o HQs will initiate efforts with the Office of Ground
Water Protection to develop mechanisms for
incorporation of ground water components into all
coastal and marine programs activities. (Ongoing)
Reaions/States/Indian Tribes
-i- o Regions will continue to manage NCW pilot projects,
three initiated in FY 1988 and three selected in FY
1989, to test and refine innovative solutions to
identified.major coastal environmental problems.
(Ongoing) •'
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-36-
N o Regions will continue to exercise delegated authority
to award and manage grants under the Near coastal
Waters and National Estuary Programs. (Ongoing)
o Regions will continue to assist in the nomination of
new NEP projects. (Ongoing)
+ o Regions will work with the four 1990 estuary projects
on required activities in the planning initiative
phase, including establishment of State(s) project
offices and public participation programs. (Ongoing)
+ o Regions will continue to assist participants in
carrying out State/ EPA Conference Agreements in the
six 1985-86 estuary projects and the six 1988
estuary projects. (Ongoing)
o Regions, with HQs assistance, will continue to
develop/fund agreements with NEP participants from
approved annual and five-year workplans and oversee
the achievement of all workplan elements. (Ongoing)
o Regions will work with estuary projects to implement
priority Action Plans funded in FY 1988/FY 1989.
(Ongoing)
o Regions will continue to work with estuary projects to
ensure that enforcement is used to improve water
quality, as well as to support implementation of
Action Plans and CCMPs. (Ongoing)
+ o Albemarle/Pamlico Sounds project will implement data
and information management system; complete a
preliminary status and trends report further defining
new environmental problems of the estuary; and begin
to develop components of the CCMP. (Ongoing)
+ o Buzzards Bay project will prepare a draft CCMP for
review, which includes schedules, corrective actions,
and funding options for each of the priority problems
identified by the Management Conference; and the plan
will be reviewed and revised to reflect comments by
the public, State and local governments, and the
business community. (Ongoing)
+ o Long Island Sound project will complete a data and
information management system feasibility study;
complete final reports on status and trends, probable
causes, and preferred uses; complete review of federal
programs in the watershed for consistency with project
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-37-
goals and objectives; and will complete a CCMP
component dealing with the problem of hypoxia.
(Ongoing)
+ o Narragansett Bay project will release a report
characterizing the environmental problems of the
estuary and defining the extent, severity, and causes
of these problems; based on these findings, Action
Plans will be prepared for each of the priority
problems identified by the Management Conference; each
Action Plan will include schedules; and define, in
consultation with State and local jurisdictions,
corrective actions required and cost estimates.
(Ongoing)
+ o Puget Sound project will complete characterization of
priority problem trends and causes; continue
implementation of 1989 CCMP components and develop
final draft CCMP; prepare biennial report monitoring
effectiveness of management actions; and continue
review of Federal programs in watershed for
consistency with project goals and objectives and
initiate consistency agreements with other Federal
agencies. (Ongoing)
o San Francisco Bay project will complete list of
priority problems and probable natural/anthropogenic
causes of spatial/temporal trends in Bay for extensive
review by scientific and regulatory communities;
continue to inventory monitoring programs in Bay and
to review Federal programs in watershed. (Ongoing)
N o The six 1988 estuary projects will complete lists of
priority problems, collect information to determine
most likely causes of those problems, and begin to
develop data management systems. (Ongoing)
+ o Regions IV and VI will continue to develop the
"Framework for Action" for the NCW initiative for the
Gulf of Mexico, and undertake monitoring and data
collection to evaluate the Gulf's health and also to
conduct a public participation program as bases for
establishing policy and regulatory options. (Ongoing)
o ORD will continue to develop assessment methods for
near coastal and estuarine waters, with emphasis given
to: relationships and mechanisms controlling ecosystem
recovery, .development of biomarker assessment methods,
assessment of eutrophication, and development of
wasteload allocation models, and to provide technical
assistance to the National Estuary Program. (Ongoing)
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3. Chesapeake Bav Program
In FY 1990, focus will continue on implementation of 1987 Bay
Agreement, including nonpoint source control programs through
State grants, and assessment of toxics problems, including the
impacts of pesticides.
Reaions/States/Indian Tribes
o Region III will continue working to integrate Bay
Program activities into ongoing water management
programs and continue to support public awareness
activities throughout the Bay Basin. (Ongoing)
o Region III will continue providing Bay States with
technical assistance and support in maintaining data
base and funding assistance for controlling nonpoint
source pollution under CWA. (Ongoing)
o Region III will continue supporting Bay States
monitoring programs for Bay mainstream and key
tributaries to assess water quality trends; and
develop second generation Bay water quality models for
assessing pollutant load reductions and evaluating
efficiency of abatement programs. (Ongoing)
+ o Region III will continue to coordinate EPA and other
Federal programs for surface water toxics and loss of
environmentally sensitive areas. (Ongoing)
o Region III will continue to guide and coordinate EPA,
other Federal agencies, and State programs for
nutrient reduction and toxics identification affecting
Bay. (Ongoing)
N o Region III will implement coordinated Federal Agency
Horkplan and Federal Facilities Strategy adopted in
1988. (Ongoing)
+ o Region III and Bay States will focus grant support on
programs to meet nutrient and toxics reductions called
for in 1987 Bay Agreement and will track progress.
(Ongoing)
N o Region III and Bay States will target facility
inspections and enforcement actions on dischargers to
the Bay mainstem and key tributaries. (Ongoing)
+ o Region III and Bay States will guide and coordinate
toxic source reduction plans to implement 1987 Bay
Agreement and CWA based on investigations of in-place
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-39-
toxics in sediment, surface microlayer, and other
nonpoint sources in response to 1988 Toxics Reduction
Strategy. (Ongoing)
o Bay States will report progress to Region III on
imple- menting Bay interstate management plan; and
Region III, in coordination with HQ, will prepare
report to Congress as required by CWA. (Ongoing)
4. Great Lakes (GL1 National Program
In FY 1990, the focus of the Great Lakes National Program Office
(GLNPO) will be to coordinate the implementation activities of
the revised Great Lakes Water Quality Agreement (GLWQA) with
Canada, and the CWA requirements. This will include expanding
the control of toxic pollutants by continuing the Assessment and
Remediation of Contaminated Sediments (ARCS) program. The
revised GLNPO Five Year Strategy (1989-1993) will serve as the
guidance document for identifying GL Basin activities and
resources, including public participation and outreach efforts.
International
o GLNPO, with assistance from the Regions and the GL
States, will coordinate and implement joint
surveillance and monitoring plans for all appropriate
media with Canada ensuring that the resulting data
systems are compatible. (Ongoing)
o GLNPO, in coordination with Canada and with
cooperation from the GL States, will continue
operating the GL Atmospheric Deposition (GLAD) network
for monitoring toxic chemicals and nutrients and set
up a U.S. master station for Lake Superior. (Ongoing)
Headquarters/GLNPO
o GLNPO will continue to work with the Office of Water
Regulations and Standards, the Regions and the GL
States, GL Governors, and Indian Tribes to integrate
the specific objectives (Annex 1) of the GLWQA into
national criteria and State water quality standards to
assure coverage of Critical Pollutants. (Ongoing)
o GLNPO, with assistance from the COE, Fish and Wildlife
Services (FWS) and Soil Conservation Service (SCS) the
Regions and the GL States, will prepare a
comprehensive annual report to Congress, identifying
activities to improve the GLs, as required under CWA.
(Ongoing)
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GLNPO will work with the NOAA to prepare an annual
joint 6L research plan which identifies proposed
research and assesses priorities. (4th Quarter)
Regions, with assistance from GLNPO and the Office of
Wetland Protection, other Federal agencies, and the GL
States, will complete the Great Lakes Basin Wetland
Protection Strategy that includes appropriate
inventories. (Ongoing)
GLNPO, Regions, GL States, and Indian Tribes will
complete or update Regional and State/Tribe Monitoring
Strategies to assure that source assessments and
loading of pollutants to the Great Lakes are
adequately addressed, and the Regional Strategies will
include fish health monitoring programs. The GL
States will report the monitoring results and maintain
the data using Section 305(b) Reports or other reports
as necessary. GLNPO and the Regions will evaluate the
State Strategies and the State 305(b) reports.
(Ongoing)
GL States, with assistance from the Regions and GLNPO
will conduct point source biomonitoring and associated
stream biosurvey programs. GLNPO will complete the
program review on the biomonitoring and stream
biosurvey programs. (Ongoing)
GLNPO will continue to work with the Water Management
Divisions and Environmental Service Divisions of
Regions II, III and V, GL States and Indian Tribes to
ensure that the Great Lakes are addressed as
priorities and to integrate GL activities and GL
reporting requirements into ongoing water management
programs and water quality management plans.
(Ongoing)
GLNPO, with assistance from the Regions and the
States, will implement the methodology to estimate
total pollutant loads to individual Great Lakes.
Regions and GL States will continue to investigate and
report effluent concentrations and quantities of top
priority compounds, including toxic pollutants,
identified by the International Joint Commission and
to complete process characterizations for appropriate
industries. (Ongoing)
GL States will continue to implement phosphorus load
reduction plans for Lake Erie, Lake Ontario, and
Saginaw Bay, which are in aggregate the U.S.
Phosphorus Reduction Plan and form the base for first
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-41-
Five-Year Nutrient Plan required under the CWA. GLNPO
will continue its tracking of the plan recommendations
in reaching target loads, and review of the Nutrient
Plan to ensure compliance with the CWA and the GLWQA.
(Ongoing)
GLNPO, with input froa Regions and 6L States, will
select sites and sponsor full-scale demonstrations at
selected locations for ARCS program. GLNPO will begin
a technology transfer program based on the results of
the demonstrations. (Ongoing)
The Regions and GL States, with assistance from GLNPO,
will determine groundwater flux and contaminant
loading. This will include mapping hydrologic
conditions around known and suspected sources of
contaminated groundwater in the GL Basin. (4th
Quarter)
GLNPO, jointly with the Regions and GL States, will
develop LMPs for each lake as called for in the GLWQA,
begin addressing Lakes Michigan and Erie this fiscal
year; GL states will identify how their monitoring
programs support development of LMPs, e.g., estimating
and reporting total loadings of critical pollutants.
(Ongoing)
The Regions and GL States will continue pollution
control efforts in the 30 Areas of Concern (AOCs) by
completing, implementing and updating Remedial Action
Plans, including developing plans and measures to
address in-place pollutants and combined sewer
overflows. (Ongoing)
GLNPO will complete refitting replacement research
vessel and outfit the vessel for toxic monitoring
program and conduct lake surveys in open waters of the
GLs. (4th Quarter)
Region II and the State of New York, in coordination
with GLNPO, will continue to emphasize implementation
of action plans and related U.S. Canadian initiatives
for toxic monitoring and control programs for the
Niagara River and Lake Ontario. (Ongoing)
ORD will continue to study the sources, fate and
effects of toxic substances in the Great Lakes, with
emphasis given to the development of mass balance
models, evaluation of the impacts of in-place
pollutants, and development of methods to evaluate the
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-42-
performance of confined disposal facilities for
dredged material; and technical assistance will also
be provided.
5. Lake Management
States and Indian Tribes treated as States will continue to
develop and improve lake management systems that focus on control
of point and nonpoint source pollution. The WQA gives States and
Indian Tribes treated as States the opportunity and the
flexibility to design and implement Clean Lakes programs as part
of an overall State Clean Water Strategy, which unifies and
integrates the entire approach to water .quality protection and
clean up. The Clean Lakes program should continue to be
integrated with other program activities (e.g., nonpoint source,
estuaries, stormwater, permit, groundwater, toxic pollutant
controls, state revolving funds and wetlands protection), and
employ a targeted geographical approach similar to the approaches
utilized in other programs.
Headquarters
Headquarters will promote the attainment of CWA goals
through other Federal activities related to lakes,
such as those undertaken by SCS, FWS and COE.
(Ongoing)
Headquarters will develop funding criteria, review
State and Indian Tribes treated as States project
proposals submitted through Regions and, as resources
allow, make funds available to Regions for grants to
States and Indian Tribes treated as States. (Ongoing)
Headquarters will develop general guidance for Indian
Tribes treated as States on Clean Lakes issues.
(Ongoing)
Reaions/States/Indian Tribes
States and Indian Tribes treated as States will
continue to develop a comprehensive data base of
information regarding lake water quality status and
trends. (Ongoing)
States and Indian Tribes treated as States will also
continue to improve lake water quality assessments.
This includes developing lists of publicly owned lakes
for which uses are known to be impaired or threatened
and lakes known not to meet applicable water quality
standards and entering this information in the
Waterbody System and reporting the information in
305(b) reports. (Ongoing)
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X
o Regions and Headquarters will provide technical
assistance and transfer of technical and educational
information to and among the States and Indian Tribes
treated as States that emphasize lake management, lake
restoration/protection, and acid mitigation/toxic
pollutant control. (Ongoing)
6. Wetlands Program
In FY 1990, as EPA moves ahead to implement requirements of the
CWA and the Action Plan in response to the National Wetlands
Policy Forum, focus will be on integrating objectives of each of
the OW programs by developing comprehensive, geographic scale
approaches for addressing water quality management and resource
protection issues. Initiatives to protect wetlands will
complement activities associated with nonpoint source pollution
abatement, estuaries and near coastal waters efforts, clean lakes
and other surface water protection programs as well as
groundwater protection programs. The wetlands program will also
implement action plans developed in FY 1989 to support the
Agency's National and Coastal and Marine Policy.
Activities will dovetail with implementation of section 404
responsibilities including: 1) interpretation of section
404(b)(l) Guidelines; 2) prohibition or restriction of discharge
sites under section 404(c) where unacceptable adverse
environmental effects are projected; 3) review of the
approximately 10,000 section 404 permit applications received
each year by the COE, proposed COE civil works projects, and
associated EISs; 4) ensuring appropriate determination of
jurisdictional limits of waters of the U.S.; 5) transfer of the
404 program to qualified States and Indian tribes providing
oversight of approved programs; 6) interpretation of statutory
exemptions under section 404(f); 7) implementation of EPA
enforcement authorities against unauthorized dischargers,
including new administrative penalty authority under the WQA; and
8) review and comment on all Federal agency proposed regulations
which may affect section 404 implementation and on EISs for other
major Federal actions that may directly or indirectly affect
wetlands.
EPA's activities will be guided overall by the Agency's policy
goal of seeking to achieve no overall net loss of the nation's
wetlands in the short-run and seeking to increase the quality and
quantity of the wetlands resource base in the longer run.
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Headquarters
+ o EPA developed and issued an Action Plan in January
1989 in response to the recommendations of the
National Policy Wetlands Forum. The Action Plan
focuses on those generally short term actions that
respond to the many recommendations for public and
private sector actions. Paramount among EPA's
commitments is the endorsement of the Forum's goal of
no overall net loss of the nation's remaining wetland
base, as defined by acreage and function, to restore
and create wetlands where feasible, and to increase
the quality and quantity of the nation's resource
base. HQs will work with other interested parties and
through the National Wetlands Policy Forum
implementation group to develop the necessary
conceptual and procedural framework for attaining the
national goal of no overall net loss of wetlands.
(Ongoing)
+ o HQs will continue to refine and develop policy
guidance and technical methodologies for the section
404 program. In particular, a policy on mitigation
and guidance on alternatives analysis will be made
available for use by the Regions before or during FY
1990. HQs will also continue to provide training
opportunities and technical assistance to Regions to
improve effectiveness and consistency in implementing
new regulatory policies and methodologies; however,
HQs and Regions will work together to gradually shift
the lead for State, local, and other field training to
the Regions. (Ongoing)
o HQs and Regions will continue an emphasis on ecosystem
initiatives to address broad scale, persistent or
expected wetlands loss problems. This approach is
designed to deal with geographic scale, persistent
wetlands issues that may cross Regional boundaries and
that have not been effectively addressed through the
section 404 program. Anticipatory approaches such as
advance identification and greenways/river corridor
management plans may be used to resist wetland losses.
During FY 1990 HQs, in conjunction with the
appropriate Regions, will place particular emphasis on
wetlands loss and management problems in western
riparian and coastal Louisiana ecosystems. (Ongoing)
o HQs will continue to work with ORD to attempt to
develop appropriate water quality standards for
wetlands, to improve tools for the States' use of
section 401 water quality certification processes, and
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-45-
to disseminate the technology and information produced
as a result of EPA's Wetlands Research Program.
(Ongoing)
HQs will work with other Federal agencies, Regions,
State and local governments, Indian tribes as well as
the private sector to implement recommendations
provided by the National Wetlands Policy Forum.
(Ongoing)
HQs will pursue means to strengthen intra-agency
coordination by integrating wetlands protection
objectives into guidance and regulations of other
Agency programs. In particular, HQs will seek
opportunities for integrating wetland and nonpoint
source objectives through the nonpoint source agenda,
implement improved test methods and procedural
guidance on sediment criteria and disposal of dredged
material in coastal waters, and encourage use of
section 401 water quality certification processes.
(Ongoing)
HQs will continue to develop and disseminate to
States, Indian tribes, and local governments,
information, data and methods useful to them in the
development and operation of wetlands protection
programs. Key items will include guidance for State
wetlands conservation plans (a Forum recommendation)
and model local ordinances. (Ongoing)
Reaions/States/Indian Tribes
Regions will assist State, Indian tribes and local
governments in improving effectiveness of wetlands
protection programs. Assistance will come primarily
in the form of information transfer and will involve
both section 404 and non-section 404 related
approaches including public outreach efforts,
additions to the wetlands science technical
information base, and interagency coordination.
Regions should assist States and Indian tribes in
assessing the status and trends of wetlands losses for
incorporation into the FY 1990 section 305(b) report.
(Ongoing)
Regions will integrate more effective use of the
section 401 water quality certification process into
State and .tribal water quality management planning for
activities involving discharges in wetlands, states
will be required to improve their section 401
certification process consistent with new or revised
section 401 guidance. EPA will assist States in
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strengthening water quality standards towards improved
wetland protection. Under the section 401 water
quality certification process, States or tribes aust
notify the COE whether a proposed dredged or fill
material discharge will violate existing State or
tribal water quality standards before a 404 permit may
be issued. If correctly implemented, this process can
effectively contribute to addressing water quality
concerns associated with dredge or fill and other
discharges into wetlands. (Ongoing)
Regions will seek opportunities to design and carry
out strategic initiatives aimed at complementing
formal regulatory actions, including participation in
comprehensive, natural resource planning efforts,
ecosystem/geographic initiatives, targeted enforcement
initiatives, public education campaigns, or support of
critical research and development activities.
(Ongoing) [SPMS]
Regions will continue to actively utilize EPA's civil
and criminal enforcement authorities in order to
ensure deterrence of inappropriate behavior and, where
possible, remediation of environmental damages and
will increase EPA enforcement presence through
effective implementation of EPA's administrative
penalty authority established under the WQA. EPA's
enforcement activities will be coordinated with COE
enforcement activities in accordance with procedures
outlined in the EPA/COE Enforcement Memorandum of
Agreement (MOA). Regions will develop appropriate
agreements with Corps field offices and State, Tribal
or local governments to further the attainment of
enforcement goals. (Ongoing) [SPMS]
Regions will continue to actively address wetlands
loss problems through implementation of the section
404 regulatory program. This will be accomplished
through review of section 404 permit applications
proposed COE civil works projects, associated
environmental assessment documents, and coordination
with the COE. For significant cases, Regions may
invoke the dispute resolution process outlined under
the section 404(q) MOA between EPA and COE or use
EPA's section 404(c) authority to prohibit or
restrict use of a wetland site for discharge of
dredged or fill material. (Ongoing)
4
Regions will work with States, Indian tribes, other
Federal agencies, and other interested groups to
actively support wetland restoration efforts, both in
the context of comprehensive restoration/enhancement
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-47-
programs (for example, the "MARSH" program of Ducks
Unlimited). Regions will assist States and Indian
tribes in evaluating the relative successes of
wetlands restoration and creation efforts as part of a
comprehensive program to attain the national short-and
long-term goals. (Ongoing)
o Regions will actively implement programs to inform
public and targeted interest groups of values
associated with wetlands and EPA's role in protecting
them. Information will be tailored to needs and
interests of target audiences including developers;
farmers; State, tribal, and local governments;
environmental and citizens groups; educational
institutions; and fishing and hunting interests.
Regions will develop public information/out-reach
programs, with special emphasis on priority wetlands.
(Ongoing)
o Regions should actively participate in appropriate
State, tribal and local actions having objectives
consistent with EPA wetlands program goals. Among
others these would include greenway and river corridor
management plans, habitat conservation plans, special
area management plans, State water quality management
plans, nonpoint source and stormwater management
plans, and clean lakes plans. (Ongoing)
C. PROTECTING SURFACE WATER-ACTIVITIES
1. Water Quality Standards
The goal of the water quality standards program for FY 1990 is to
complete the objectives established for the FY 88-90 triennium.
These objectives ensure that States and Indian Tribes treated as
States address toxic pollutants and toxicity and establish the
appropriate objectives (including a technical assistance and
training plan) for the FY 91-93 triennium. States will identify
stream segments where the discharge or presence of 307(a)
priority pollutants could reasonably be expected to interfere
with the attainment of designated uses and adopt numeric criteria
for 307(a) priority pollutants in water quality standards in
accordance with EPA's "Guidance for State Implementation of Water
Quality Standards for CWA Section 303(c)(2)(B)" issued December
12, 1988. In accordance with previous Agency Operating
Guidances, States should have completed the standards related
actions that resulted from the FY 1988 State Toxic Program
Reviews (e.g., adopting numeric procedures to implement the
narrative toxic standard for whole effluent toxicity). States
must also develop and implement antidegradation policies and
procedures and, working with EPA, establish the framework for the
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development of national program objactives for the FY 91-93
triennium. EPA will assist States and Indian Tribes treated as
States in these efforts by: providing technical assistance and
guidance; conducting outreach programs designed to provide
support for the adoption of numeric criteria for 307(a) priority
pollutants in water quality standards; and reviewing water
quality standards to ensure compliance with the Clean Water Act
(CWA) and with the Water Quality Standards (WQS) regulation.
By the end of the FY 88-90 triennium, States should have
completed adoption of numeric criteria to meet the section
303(c)(2)(B) requirements. States should also complete
antidegradation procedures and adopt numeric procedures to
implement the narrative toxic standard for whole effluent
toxicity by that time.
For the FY 91-93 triennium, EPA envisions the following to be the
water quality standards program objectives: 1) coordinate the
requirements of sections 303(c) and 304(1) of the CWA, 2)
establish water quality standards for wetlands, marine waters,
and estuarine systems, 3) adopt sediment criteria for toxic
pollutants, 4) adopt biological criteria (bio criteria) in water
quality standards, and 5) integrate water quality standards and
nonpoint source controls.
EPA will continue to develop information on toxic/hazardous
pollutants (beyond the 126 priority pollutants), with emphasis on
bioaccumulative pollutants. EPA will improve regulatory controls
to reduce toxic pollutants in sediments; study ways to implement
water quality standards for control of nonpoint source pollution;
and study the need for the development of biological criteria.
Headoua rters
Headquarters will develop: fresh water/marine water
criteria/advisories, sediment criteria, and toxicity
testing methods used to develop water quality-based
controls; analytical techniques;
tests/procedures/methods for deriving sediment
criteria; guidance on applying biological criteria;
and guidance on applying narrative, numeric, and
biological criteria to water quality standards for
nonpoint source pollution. Headquarters will
continually update published criteria/advisories for
human health protection based on reference dose
factors and cancer potency. (Ongoing)
Headquarters, with Regional support, will assist
Indian Tribes treated as States to establish WQS and
provide technical assistance on water quality
standards program requirements. (Ongoing)
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-49-
o Headquarters will promulgate WQS for States that fail
to establish WQS that meet the requirements of the
CWA. (Ongoing)
+ o Headquarters will work with Regions, States, and
Indian Tribes treated as States to develop national
program objectives and guidance, as needed, for the FY
91-93 triennium and will issue a revised Water Quality
Standards Handbook. Specific objectives and guidance
are highlighted in the "Framework for the Water
Quality Standards Program." (Fourth quarter)
o Headquarters, with participation of the Regions and
States, will continue to implement the Actions Plans
developed in 1989 to support the Agency's National
Coastal and Marine Policy. (Ongoing)
Recrions/States/Indian Tribes
o States, as a part of a triennial review, will revise
water quality standards by adopting either numeric
criteria for section 307(a) priority pollutants or a
procedure applied to a narrative criterion that
results in derived numeric criteria or both in the
standards. (Second and Fourth quarters) [SPMS]
o Regions will work with States to ensure that policies
and procedures for implementing EPA's antidegradation
policy for both point and nonpoint sources of
pollution are clearly documented. (Ongoing)
o Regions will work with States to revise existing water
quality standards for non-toxic pollutants to reflect
latest available scientific information in section
304(a) criteria recommendations. (Ongoing)
o Regions will review State water quality standards and
emphasize the adoption of numeric criteria for section
307(a) priority pollutants in the standards. (Ongoing)
N o Regions will provide assistance to States that are
prepared to initiate water quality standards
development based on the objectives envisioned for FY
91-93, as necessary. (Ongoing)
2. Water Quality Monitoring and Analysis
•
•
EPA and States will focus on implementation of the pollutant
identification and control provisions of section 304(1) of the
CWA, as amended, and on upgrading, and strengthening monitoring
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-50-
and assessment programs based on State Action Plans developed in
FY 1988 and FY 1989. States will submit updated §304(1)/303(d)
lists of impaired waters to EPA for approval as part of the 1990
§305(b) reports. As necessary, EPA will complete approval/
disapproval actions on 304(1) lists submitted in FY 1989,
including any required promulgations.
EPA and the Regions will work with States to improve the quality
and timeliness of the 1990 305(b) reports and to implement the
1990 305(b) Guidelines. Based on the results of the first phase
of the 1989 bioaccumulation study, the Agency working with States
will design a second phase (including appropriate quality
assurance) in 1990 to investigate high priority problem areas by
monitoring pollutants in both water columns and sediments.
Sampling will also be conducted to determine the nature of the
sediment contamination problems at sites where the accumulation
of toxic pollutants is a suspected cause of adverse impacts on
aquatic life. EPA will also produce guidance on reducing health
risks from fish consumption. To implement the long-range program
for toxic pollutant identification and control, EPA will work
with the States to collect data on impacted or threatened waters
and to implement relevant portions of State Action Plans for
water quality monitoring programs (including toxicity testing and
ambient biosurveys). To strengthen State and Regional water
quality monitoring and assessment programs, EPA will continue to
work with the States to implement the recommendations of the
Surface Water Monitoring Study and the National Symposium on
Water Quality Assessment completed in FY 1988. Actions include
issuing guidance on monitoring methodologies, accelerating use of
biological techniques, increasing ambient follow-up monitoring,
promoting uses of existing data, and improving data integration.
States will use the results of the 1989 National Symposium on
Water Quality Assessment to continue to evaluate and to
strengthen State programs in 1990.
In response to the Surface Water Monitoring Study
recommendations, the Steering Committee on Water Quality Data
Systems was formed in FY 1988. In FY 1990, the Steering
Committee will oversee implementation of improvements in water
quality data management to: 1) enable integration of Agency data
bases for water quality analyses and technology transfer
applications and 2) modernize data systems. Regions will
continue to assist in developing complex wasteload allocations
and in carrying out targeted water quality monitoring studies to
support NPDES permits and other control activities.
Headquarters
+ o Headquarters will continue to provide oversight,
guidance and assistance to Regions and States to
ensure submission of §304(l)/303(d) lists of impaired
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waters and sources/ amounts of toxic pollutants as
part of the biennial Section 305(b) reports due April
1, 1990. (Ongoing)
N o Headquarters will continue to provide technical
assistance to States and Regions in developing total
maximum daily loads (TMDLs), wasteload allocations
\ (WLAs), and load allocations (LAs) with an emphasis on
. coastal/marine areas. (Ongoing)
o Headquarters will work with Regions and States to
I operate and enhance the Waterbody System to document
, progress toward assessing and cleaning-up waters.
(Ongoing)
o Headquarters will continue to lead the effort to
implement recommendations of the Surface Water
Monitoring Study by developing appropriate guidance to
strengthen State and Regional programs, including a
five-year monitoring framework. (Fourth quarter)
N o Headquarters will develop guidance on monitoring for
use by Indian Tribes treated as States. (Ongoing)
N o Headquarters will work with the Regions to ensure they
conduct reliable bioassessments, including both
toxicity testing and biosurveys with appropriate data
quality assurance/quality control, and that Regions
evaluate the results of bioassessments performed by
the States and Indian Tribes treated as States.
(Ongoing)
N o Headquarters will revise the Technical Support
Document on water quality-based toxic pollutant
controls based on the results of the 1988 Williamsburg
conference. (Second quarter)
+ o Headquarters and the Regions will continue to conduct
high priority water quality investigations (e.g.,
sediment contamination study, aquatic life survey,
bioaccumulation study, and special regional studies)
and take appropriate follow-up actions (Ongoing).
Draft guidance will be developed linking sediment
contamination and bioaccumulation problems (Fourth
quarter).
N o Headquarters will lead the effort to implement data
management recommendations of the Surface Water
Monitoring.'Study by guiding and overseeing
improvements in data systems through the Steering
Committee for Water Quality Data Systems. (Ongoing)
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o Headquarters will develop the design for the Aquatic
Life Survey. (Fourth quarter)
o Headquarters will assist in the compilation and
integration of data from other Federal Agencies.
Headquarters and Regions will also provide assistance
to the States in interpreting available data.
(Ongoing)
o Headquarters, with participation of the Regions and
States, will continue to implement the Action Plans
developed in 1989 to support the Agency's National
Coastal and Marine Policy. (Ongoing)
Reaions/States/Indian Tribes
o Regions will assist States, as needed, to develop
WLAs/TMDLs used as the basis for NPDES permits and
individual control strategies. Regions will review
and approve WLAs/TMDLs. (Ongoing)
+ o Regions will work with the States to ensure submission
by April 1, 1990, of 304(1)/303(d) lists of impaired
waters and sources/amounts of toxic pollutants
discharged. Regions will review and approve/disapprove
lists. (Quarterly) [SPMS]
N o Regions will complete promulgations of 304(1) lists
for States for which 304(1) lists are disapproved by
EPA and for States that do not submit 304(1) lists.
(Quarterly) [SPMS]
o Regions will provide assistance to Indian Tribes
treated as States who want to establish monitoring
programs. (Ongoing)
N o Regions will assist Headquarters by initiating
sampling to determine the nature of sediment
contamination problems at selected sites. (Ongoing)
N o Regions will assist Headquarters to improve water
quality data systems by continuing to participate on
the Steering Committee for Water Quality Data Systems.
(Ongoing)
o Regions will work with States to collect data in fresh
and coastal waters to identify changes in water
quality and to provide a reasonable basis for
identifying/solving cases of impairment. (Ongoing)
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o Regions and States will continue to evaluate waters to
determine if numeric criteria for the 307(a) priority
pollutants are needed to protect designated uses.
(Ongoing)
+ o Regions will work with States to ensure implementation
of the section 305(b) Waterbody System or a compatible
State data system. (Ongoing)
o Regions will work with the States to implement
specific State Action Plans negotiated in FY 1988 and
FY 1989 to strengthen toxic pollutant control
programs. (Ongoing)
+ o Regions will work with the States to ensure the
quality and timeliness of the 1990 305(b) reports and
to encourage compliance with EPA guidelines including
use of the Waterbody System or compatible data system.
(Fourth quarter) [SPMS]
o Regions, States, and Indian Tribes treated as States
will develop section 106 work programs with specific
actions that support baseline monitoring programs and
begin to implement the recommendations of the Surface
Water Monitoring Study by evaluating and upgrading
monitoring and assessment capabilities and by working
to improve the access, use, sharing and integration of
data. (Ongoing)
N o Regions will work with the States to ensure that
reliable bioassessments, including both biosurveys and
toxicity testing with appropriate data quality
assurance/quality control, are conducted. (Ongoing)
N o Based on results of the first phase of the
bioaccumulation study, Regions will assist States in
developing TMDLs/WLAs/LAs and risk assessments, as
needed. (Ongoing)
3. Water Quality Management
Water Quality Management (WQM) plans, State Clean Water
Strategies (where developed), Water Quality Inventories (305(b)
report), and Continuing Planning Processes under section 303(e)
of the Act provide the framework to identify water quality
problems, establish priorities, and develop control actions
contained in annual grant work programs. WQM plans serve as the
focal point for integration of all CWA program components (i.e.,
point and nonpoint sources, clean lakes, wetlands, estuaries, and
near-coastal waters). Water Quality Management plans should be
updated as necessary to reflect new water quality information and
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-54-
management actions (e.g., monitoring, assessment and control
actions developed under sections 304(1) and 319 of the Clean
Water Act).
The 1987 Water Quality Act provides revised funding and
eligibility requirements that expand Regional, State, and Indian
Tribes treated as States opportunities for funding WQM program
activities. Nonpoint source section 319(h) implementation
activities funded from reserves under section 205(j)(5) are
eligible for funding under the State Revolving Fund and the
Governor's discretionary fund under section 201(g)(1)(B) of the
Act. Water quality planning activities can be funded from
reserves under sections 205(j)(l) and 604(b). As in FY 1989,
States and Indian Tribes treated as States are required to pass-
through 40 percent of these 205(j)(l) and 604(b) funds to
Regional Public Comprehensive Planning Organizations (RPCPOs) and
Interstate Organizations (IOs). Additionally, Regions, States,
and Indian Tribes treated as States should carefully review
funding availability and matching, level-of-effort, and
eligibility requirements when annual priorities and grant work
programs are negotiated.
Prior to initiating FY 1990 grant work program development,
States and Indian Tribes treated as States should review the
national priorities highlighted in this document and any Regional
guidance tailored to individual State and Indian Tribes treated
as States. Grant work programs must contain realistic activities
based on past and anticipated performance. Proposed activities
contained in the grant work programs must specify: (1) the exact
work to be accomplished within the budget period (for both
Federal and non-Federal funding); (2) the interrelationships with
other water quality management grant programs: (3) the outputs or
products to be accomplished, including schedules and milestones
(e.g., number of permits issued, intensive surveys conducted,
etc.); and (4) the costs (dollars and work years) for completing
each activity.
In accordance with the Agency's policy on Performance-Based
Assistance, the Regions must monitor the performance of States
and Indian Tribes that receive a Federal grant throughout the
year and conduct a minimum of one on-site (mid-year) evaluation.
Written reports are required to document evaluation findings and
follow-up actions. Copies of these reports should be available
for Headquarters' review upon request. The Performance-Based
Assistance policy also provides for the use of incentives and
sanctions in response to grantee performance. Sanctions should
be based on the severity and extent of the performance problem
and should reflect the expectations defined in the original
program.
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Headquarters
o Headquarters will continue to provide: (1) assistance
by developing regulations, guidance and policy for CWA
program grants; (2) budgetary support for OWRS grant
programs; and (3) annual funding allocations under
sections 106, 205(j)(l), 205(j)(5), 314, 319(h)(if
appropriated), 604(b), 201(g)(l)(B) and 603(c).
(Ongoing)
-t- o Headquarters will continue national grant program
oversight, conduct detailed reviews of specific grant
issues, assist in the resolution of issues, and track
grant and financial data for all OWRS programs.
(Ongoing)
Reaions/States/Indian Tribes
+ o States and Indian Tribes treated as States will update
WQM plans where required by law to reflect problem
assessments and control actions under sections 304(1)
and 319 and to address the integration of CWA program
activities (e.g., point sources, nonpoint sources,
clean lakes, wetlands, estuaries and near coastal
waters). (Ongoing)
o Regions will provide funding targets and guidance for
negotiating grant work programs consistent with Agency
priorities and State/Indian Tribes treated as states
specific needs. Work programs must be developed and
reviewed in a coordinated manner to ensure consistency
with all CWA program requirements. (Ongoing)
+ o Regions will ensure that grant conditions and
eligibility requirements are met prior to awarding
grants (i.e., level-of-effort requirements under
sections 106 and 319, matching requirements under
section 319, and the 40 percent pass-thru requirements
under 205(j)(3) to RPCPOs/IOs). (Ongoing)
o Regions, States, and Indian Tribes treated as States
will develop work programs with realistic and
quantifiable output commitments consistent with EPA's
Policy on Performance-Based Assistance. (Ongoing)
o Regions will evaluate grantee performance to ensure
that outputs are produced in a timely manner and are
of high quality. Regions will take appropriate actions
to improve performance, if necessary. Regions will
provide timely review and comment on all outputs to
enhance grantee performance. (Ongoing)
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o Regions will provide assistance and oversight to
Indian Tribes treated as States that receive program
grants under the CWA. (Fourth quarter) (SPMS)
4. Nonpoint Source
In FY 1990, EPA and States will oversee implementation of
approved Nonpoint Source (NFS) Management Programs. Some work
will be required to update and strengthen NPS Assessments as
agreed upon by the States and Regions during review and approval
of first-round Assessments. EPA will also assist States in
obtaining full approval of Management Programs or portions of
those Programs. Primary attention will shift, however, to
implementation activities. EPA will work with States to initiate
and continue implementation of controls both in targeted
watersheds and Statewide. Special emphasis will be given to
protecting critical aquatic habitats in near-coastal waters
whenever consistent with priorities. Limited grant funds will be
used to support NPS demonstration projects, especially in near-
coastal waters.
EPA will conduct technology transfer workshops and provide site-
specific consultations to disseminate information on innovative
NPS control and assessment methodologies and management
techniques. EPA will continue to work with other Federal
agencies and to coordinate internally to ensure maximum
leveraging of NPS related programs and resources to accomplish
water quality objectives. EPA will initiate a national outreach
program designed to educate local decision-makers and the public
about NPS pollution problems and to strengthen support for
implementation of State NPS Management Programs.
EPA will submit to Congress a final report on the implementation
of section 319 of the Clean Water Act, as amended, including
recommendations for legislative changes needed to accomplish the
objectives of section 319. EPA will also assist States to ensure
that Federal programs and projects are fully consistent with
approved State NPS Management Programs.
Headquarters
Headquarters will continue to provide guidance and
policy to resolve issues arising from State
implementation activities and to oversee program
management by the Regions, including the award and
management of State and Indian Tribes treated as
States grants. (Ongoing)
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+ o Headquarters will conduct technology transfer
workshops and provide technical consultations for the
Regions and States and will develop and distribute
analytical techniques and other tools needed by the
States, localities, and landowners to evaluate and
implement NFS controls, with special emphasis on near-
coastal waters. (Ongoing)
+ o Headquarters will continue to work with other Federal
• agencies and with other EPA programs to ensure that
programs, authorities, and resources are effectively
leveraged to support implementation of State NFS
Management Programs. (Ongoing)
N o Headquarters will work with the Regions and other
Federal Agencies to develop and initiate an outreach
program to educate State and local decision-makers and
the public about the nature and extent of NPS
pollution and to obtain support for State and local
implementation of NPS controls. (Ongoing)
N o Headquarters will work with Federal Agencies whose
programs or projects have been identified by a State
as inconsistent with the State NPS Management Program
to ensure that necessary modifications are made to
make those programs or projects consistent with the
State NPS Management Program. (Ongoing)
N o Headquarters will initiate efforts with the Office of
Groundwater Protection to develop a mechanism for
incorporating groundwater protection components into
nonpoint source program activities. (Ongoing)
o Headquarters will issue a final 319 Report to Congress
detailing the activities, successes and lessons
learned from section 319 efforts and make
recommendations for future directions to control NPS.
(Second quarter)
o Headquarters, with participation of the Regions and
States, will continue to implement the Action Plans
developed in 1989 to support the Agency's National
Coastal and Marine Policy. (Ongoing)
Reaions/States/Indian Tribes
N o Regions w^ll help States obtain approval of remaining
elements of the State NPS Management Program.
(Ongoing)
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+ o Regions will negotiate grant work programs and award
and manage grants to States for the implementation of
approved State NPS Management Programs. (Ongoing)
+ o Regions will assist States to leverage other Federal
and EPA programs to support NPS implementation
activities. (Ongoing)
N o Regions will support technology transfer and outreach
activities to improve technical expertise on NPS
pollution and to enhance public support for NPS
controls at the State and local level. (Ongoing)
+ o States will implement approved NPS Management Programs
and portions of those programs. (Second and Fourth
quarter) [SPMS]
o States will continue to implement components of the
U.S. Phosphorus Reduction Plan for Lakes Erie and
Ontario and Saginaw Bay. (Ongoing)
N o Regions will assist Indian Tribes treated as States
who want to develop NPS Assessments and Management
Plans. (Ongoing)
5. NPDES Permitting
In FY 90, EPA and States will: continue aggressive programs to
control toxic discharges to surface waters through the NPDES
program; emphasize permit reissuance in near coastal waters to
protect critical aquatic habitats; begin control of sludge
disposal through permits; reissue NPDES permits to reflect new
effluent guidelines, and deal with water quality problems from
stormwater by implementing the stormwater application regulations
and the combined sewer overflow national strategy. In FY 90, EPA
will continue to work with States, professional trade
associations, and local officials to define outreach needs and
develop tools to meet those needs.
EPA, having disapproved certain State section 304(1) submittals
for individual control strategies (ICS) in FY 89, will complete
the section 304(1) process in FY 90 by establishing ICSs for
those listed permittees by June 1990. In addition to section
304(1) activities, which deal with known problems, the Regions
and States will continue to work on broader toxicity control
issues through the NPDES permit program. States and Regions will
reissue permits to include, as appropriate, whole effluent and
chemical specific toxdcity based limits, toxicity reduction
evaluations, compliance schedules, biomonitoring, and revised
local pretreatment programs. Regions with coastal dischargers
will accelerate action on permitting these facilities in
accordance with EPA's near coastal waters initiative.
Administering agencies will also reissue and/or modify permits to
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implement BAT guidelines for organic chemicals to achieve
compliance as soon as possible. Municipal permits will be
reissued that incorporate sludge requirements and needed
revisions to pretreatment implementation requirements.
In FY 90, NPDES permitting authorities will continue to issue
permits which implement EPA's interim permitting strategy for
sludge use and disposal pursuant to section 405(d)(4) of the WQA
of 1987. Prior to promulgation of the technical standards, EPA
generally will defer to State sludge permitting efforts wherever
they exist, and will focus on appropriate monitoring
requirements, along with compliance with existing sludge
standards. For priority sludge facilities, EPA and States will
take appropriate permitting and enforcement actions to address
the concern. When the technical criteria regulations are
promulgated, NPOES permits implementing those criteria must be
issued to all covered POTWs unless the requirements are covered
in another permit issued under an approved State permit program.
Consistent with the 1987 WQA, EPA Headquarters will develop
regulations and guidance on: new permit application and control
requirements; antibacksliding; FDF variances; variances for non-
conventional pollutants (ammonia, chlorine, color, iron, and
total phenols); and other new permit related authorities. Regions
and States will modify certain permits to reflect new authorities
(e.g., coal remining).
Stonnwater application regulations and guidance will be issued
final in FY 90. The regulations will cover discharges associated
with industrial activities and municipal separate storm sewer
systems serving populations of 100,000 or more. Industrial and
municipal dischargers will begin to prepare permit applications
(due to EPA and States one year after regulations are
promulgated). The national permitting strategy for combined
sewer overflows (CSO) issued in FY 89 will require EPA and State
permit strategies in FY 90. New CSO permits will need to be
issued as well as modifications to existing CSO permits.
In FY 1990, the Regions and States will continue to implement the
RCRA corrective action process begun in prior years. Regions
will review CERCLA and RCRA remedial actions involving discharges
to surface waters or POTWs to ensure that appropriate technology
and water quality limits are met.
Headquarters
Headquarters will provide technical assistance and
training for permit writers, and contract assistance
to develop permits, ICSs and other high priority water
quality-based permits and will continue to provide
oversight, 'and guidance to Regions/States to complete
the toxics activities noted above. (Ongoing)
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o ORD will continue to support toxicity reduction
evaluation procedures for the development of water
quality based permit limitations for municipalities
and technology based limits for industries.
Information will be developed on treatability of RCRA
wastes that will be useful in predicting effluent
concentrations, POTW pass-through and potential water
quality problems. (Ongoing)
N o Headquarters will issue guidance on permitting
procedures covering aspects of human health issues,
which will be used in conjunction with any additional
guidance available on bioaccumulation and drinking
water contamination. (Second Quarter)
N o Headquarters will issue final State sludge program
guidance. Also, with promulgation of the section 503
sludge technical criteria, Headquarters will develop
draft guidance for writing permits to implement the
section 503 criteria. (Third Quarter)
N o Headquarters will work with the Regions and States to
complete the major/minor permit reclassification
effort. (First Quarter)
N o Headquarters will provide technical assistance to
Regions and States in evaluating permittee
procedures/techniques for toxicity reduction
evaluations. This assistance may include guidance
documents and memoranda, use of the National Effluent
Toxicity Assessment Center (NETAC), contractor
assistance and training. (Ongoing)
N o Headquarters, with participation of the Regions and
the States, will continue implementation of the Action
Plans developed in 1989 to support the Agency's
National Coastal and Marine Policy. (Ongoing)
N o Headquarters will update and revise the Technical
Support Document in the following major areas:
effluent characterization, exposure
assessment/wasteload allocation, permitting and human
health. (Second Quarter)
Regions/States/Indian Tribes
o Regions/States will reissue all major permits expired
or expiring in FY 1990. (Ongoing) [SPMS]
«
+ o Regions will issue by 6/4/90 ICSs to facilities listed
by the Region in the section 304(1) disapproval
process as requiring ICSs. (Third Quarter) [SPMS]
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+ o Regions/States will reopen permits for organic
chemical plants, bleached kraft pulp mills, and others
to incorporate technology-based and water
quality-based limits based on studies required at the
time of permit issuance, and will modify other major
permits as needed to impose necessary and appropriate
toxic controls. There will be more focus on developing
limits to protect human health. (Ongoing)
+ o Regions/States will follow the interim sludge
permitting strategy by including sludge monitoring and
existing national sludge regulatory requirements in
NPDES and State sludge permits. (Ongoing) [SPMS]
o Regions/States will implement the RCRA permit-by-rule
requirement and establish corrective action
requirements where necessary for POTWs that are
receiving hazardous wastes not mixed with domestic
sewage. (Ongoing)
N o Regions/States will prepare permit strategies
addressing all CSO discharges by January 15, 1990.
(Second Quarter)
N o Regions/States will focus increased attention on
permit issuance to NPDES permittees discharging to
marine/estuarine waters, especially to control the
discharge of bioaccumulative and persistent toxicants.
(Ongoing) [SPMS]
6. NPDES Enforcement
The goals for the NPDES enforcement program in FY 90 are to
expand upon the success of the National Municipal Policy by
ensuring continued municipal compliance and to increase our
enforcement presence in emerging program areas such as toxic
controls and sludge. Specifically, in the municipal area
emphasis will shift from construction of facilities to improving
compliance of constructed facilities with final effluent limits.
EPA will develop a Municipal Compliance Maintenance Strategy
which will provide guidance for identifying the cause(s) of POTW
noncompliance through diagnostic inspections and establishing
compliance correction plans utilizing section 308 letters,
administrative orders, or where necessary judicial actions.
i
In support of this municipal compliance emphasis, EPA will
increase attention to the enforcement of pretreatment
implementation requirements for POTWs, improve
monitoring/inspections to evaluate compliance with toxic
requirements in NPDES permits, and increase the use of diagnostic
inspections and tracking to identify and correct chronic
noncompliance. Administering agencies will coordinate
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pretreatment and municipal enforcement actions so that, when an
action is taken in response to noncompliance in one program,
consideration is given to the other.
In FY 90, the enforcement program will become more involved in
emerging program areas. EPA will place a high priority on
identifying and enforcing toxic permit requirements. EPA, in
cooperation with the States, will implement the Compliance
Monitoring and Enforcement Strategy for Toxics Control. The
strategy focuses on inspections to monitor acute and chronic
toxicity; criteria targeting enforcement responses to violations
that pose the greatest potential risk to aquatic life and human
health; lab performance evaluation criteria for toxicity
analysis; and an updated DMR/QA program to meet new and expanded
needs for toxicity controls. EPA will also initiate enforcement
of permits for combined sewer overflows and enforcement of sludge
requirements in permits.
Headquarters
o Headquarters will evaluate the use of available
enforcement mechanisms to ensure the optimum use of
enforcement authorities. Headquarters/Regions will
assess State penalty practices. (Fourth Quarter)
N o Headquarters will provide guidance to set priorities
for monitoring and enforcement of sludge requirements.
(First Quarter)
N o Headquarters/Regions will revise NPDES Oversight
Guidance to establish criteria for more effective
oversight of approved States. (Second Quarter)
N o Headquarters will provide a full range of assistance
to States and Regions to assure that PCS is being
utilized effectively and efficiently. (Ongoing)
N o Headquarters will take the necessary steps to assure
that PCS has the elements to allow for effective
linking to other information systems. This requires
entry of latitude/longitude data in PCS; identifying
other environmental information systems with relevant
information; and designing, distributing and using
specially designed programs to facilitate system
linkages, data download and uploads and data analyses.
N o Headquarters (OWEP/ORD) will expand the DMR QA program
to include a reference toxicant to test permittees'
ability to conduct whole effluent toxicity tests.
(Second Quarter)
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N o OWEP will coordinate with the Office of Municipal
Pollution Control in the development and
implementation of the Municipal Compliance Maintenance
Program. (Ongoing)
N o Headquarters will continue to encourage Regions to
deliver inspector training and ensure that both new
and experienced inspectors receive program-specific
training. (Ongoing)
+ o Headquarters will work to implement the new EPA
Federal Facility Compliance Strategy, signed by the
Administrator on November 8, 1988. (Ongoing)
Reaions/States/Indian Tribes
o Regions and States, using the entire spectrum of
enforcement mechanisms, will ensure compliance with
all formal enforcement actions (AOs, civil and
criminal) by tracking cases from initiation of
referrals to entry of consent decrees or court orders,
and by prompt follow up action when deadlines are
missed. (Ongoing)
o Regions will provide technical support for criminal
investigations and prosecutions in program priority
areas. Regions shall refer to the Office of Criminal
Investigation matters involving suspected criminal
violations, including significant unpermitted
discharge and false reporting, or other fraud to the
Agency. (Ongoing)
o Regions will ensure that EPA judicial
referrals/consent decrees and final administrative
penalty orders contain appropriate civil penalties
consistent with the CWA Penalty Policy; NPDES States
will comply with penalty provisions in the National
Guidance for Oversight of NPDES Programs. (Ongoing)
o Regions/States will take timely and appropriate
enforcement against SNC violations, including those
involving toxic pollutants. (Ongoing) [SPMS]
o Regions/States will increase the use of inspections to
assess permittee biomonitoring capabilities and
evaluate permittee procedures/techniques for toxicity
reduction evaluations. (Ongoing) [SPMS]
o Regions/States will continue to ensure timely and
accurate data entry of WENDB data elements for
pretreatment and for administrative penalty orders.
(Ongoing)
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N o Regional enforcement staff will coordinate with Near
Coastal program staff to determine whether enforcement
action is required for less than significant
noncompliance. (Ongoing)
N o Regions/States will monitor compliance with sludge
requirements in NPDES permits. (Ongoing)
N o Regions/States will develop and implement Municipal
Compliance Maintenance programs for anticipating when
a POTW will reach design capacity. (1st Quarter)
7. Pretreatment
The goal is to assure that POTWs1 fully implement and enforce
pretreatment controls for conventional, nonconventional and toxic
pollutants and hazardous wastes that are necessary to protect
human health, the environment, and the treatment works.
Administering Agencies should give priority to: 1) modifying the
requirements of the approved program and NPDES permit to
incorporate new requirements resulting from new or revised
regulations and to correct inadequacies identified in the
operations of the POTW pretreatment program, and 2) identifying
those POTWs that meet the criteria for reportable noncompliance
and report them on the Quarterly Noncompliance Report. Where the
POTW also meets the new definition of significant noncompliance,
formal enforcement action should be initiated when the POTW does
not return to compliance within a timeframe consistent with the
definition.
Administering Agencies, as they oversee local program
implementation, should continue to give emphasis to the
following three key areas to ensure effective implementation:
o Program Modification; Regions and States will formally modify
approved pretreatment programs to incorporate new requirements
or correct inadequacies. Modification and approval will
follow the October 17, 1988, amendments to the General
Pretreatment Regulations, and focus on the following four
areas:
a. Local Limits - In accordance with the 1985 policy
memorandum and the FY 88 Local Limits Guidance Manual,
site specific technically-based local limits must be
developed for each approved program and periodically re-
evaluated .
Throughout this section, wherever POTWs are cited, the same
requirements apply to States or EPA acting as Control Authority
in lieu of local program.
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b. Legal Authority - Consistent with section 403.8 of the
Pretreatment Regulations, particularly as revised by the
PIRT rule, POTWs, and in some cases States, will need to
modify their legal authorities.
c. Control Mechanisms - Based on the FY 89 IU Permitting
Guidance Manual, and the PIRT amendments POTWs may need
to develop and issue stronger IU control mechanisms for
significant industrial users (SIUs).
d. Enforcement Procedures - POTWs are responsible for
ensuring the compliance of industrial users with
pretreatment standards, including taking effective
enforcement actions within reasonable time frames. Where
approved programs do not specify detailed enforcement
response procedures, they should be modified to include
them consistent with the 1986 Pretreatment Compliance
Monitoring and Enforcement Guidance (PCME).
o Enforcement: Regions and States will assure that POTWs operate
their approved programs and comply with reporting
requirements. Where POTWs fail to successfully implement
their program as measured by the guidance on significant
noncompliance, Administering Agencies should take timely
enforcement action to address the problem. Where the POTW
does not act promptly to correct the situation, formal
enforcement action should be initiated against the POTW to
address the noncompliance.
Where there is an approved program, and the POTW has not
taken all actions available under its authority, to secure the
compliance of the IU, action against both the POTW and the IU
will usually be appropriate. Where EPA or the State is the
Control Authority, enforcement action should be taken against
those lUs which have not complied with categorical standards,
giving priority to lUs where the POTW has been identified as
having interference or pass-through problems.
o Data Management! Regions and States will assure that POTWs
have in place and employ appropriate mechanisms to track and
determine compliance rates for SIU's, using the definition of
significant noncompliance when it is promulgated, and that
POTWs report such data at least annually, states and Regions
will employ PCS to track pretreatment information and assist
in identifying POTWs which meet the criteria for reportable
non-compliance and significant noncompliance. Regions and
States should also use PCS to identify the compliance of lUs
where EPA or the State is the Control Authority.
For State-run pretreatment programs, special attention will be
given to monitoring and evaluating performance. Regions should
ensure that States are inputting data into existing tracking
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systems as appropriate and should monitor the overall performance
of the program to ensure that industrial users are in compliance.
Where there is no approved local program Regions/States should
evaluate the need to develop local programs consistent with
section 403.8.
Headquarters
o Headquarters (OWEP) will promulgate changes to the
NPOES and General Pretreatment regulations based on
the recommendations of DSS. (Second Quarter)
N o Headquarters will propose changes to the NPOES
regulations on the Quarterly Noncompliance Report to
incorporate reporting requirements for pretreatment
implementation. (Fourth Quarter)
N o Headquarters will provide guidance defining the
definition of significant noncompliance for POTWs
which fail to implement their approved programs.
(First Quarter)
Reaions/States/Indian Tribes
+> o Regions/States will assess and provide technical
assistance to POTWs as they implement/enforce their
programs and adopt new regulations resulting from the
findings of the DSS. (Ongoing)
+ o Regions/States will continue to place highest priority
on enforcement against POTWs consistent with the
guidance to be issued on significant noncompliance.
Regions should continue to report all POTWs on the
QNCR which meet the criteria for reportable
noncompliance. (Ongoing)
o Regions will use criminal enforcement authorities
against appropriate industrial users with special
attention on knowing/negligent introduction into a
POTW of toxic pollutants/hazardous wastes (as defined
by CWA sections 311(b)(2)(A) and 307(a); CERCLA
section 102; RCRA section 3001; TSCA section 7) in
excess of legal limits. Regions will provide
technical support for -criminal investigations and
prosecutions in pretreatment cases. (Ongoing)
+ o Regions/States that act as control authorities will
implement/enforce the pretreatment program consistent
with national guidance, and will be held to the same
standards of implementation as local authorities.
(Ongoing)
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o Regions/States will ensure that all approved
pretreatment programs are inspected or audited
annually. (Ongoing) [SPMS]
+ o Regions/States will assure that all POTWs with
approved programs for more than two years have in
place and are implementing adequate and enforceable
control mechanisms for at least 95% of SIUs. (Fourth
Quarter)
N o Regions/States will ensure that approved POTWs
implement the definitions for significant
noncompliance and significant industrial users as soon
as they are promulgated. (Ongoing)
8. NPDES and Pretreatment State Program Approval. Review, and
Oversight
In FY 90, the goal is to further strengthen the Federal/State
partnership by conducting effective oversight to ensure sound,
consistent implementation of state programs, improving the legal
and regulatory basis of current State programs, and approving new
State NPDES, pretreatment and sludge programs. As State NPDES
and pretreatment programs mature and as more States assume these
responsibilities, these activities continue to grow in
importance. In addition, EPA will work with any Indian tribes
seeking to administer the NPDES program as authorized by the WQA.
Regions will continue to negotiate agreements with their States
on managing and overseeing NPDES programs consistent with the
Oversight Guidance and applicable NPDES/pretreatment regulations.
By 1990, many of the initiatives begun in earlier years will be
institutionalized into other documents and agreements, and more
emphasis will be placed on follow up by Headquarters and by
Regions to ensure the sound, consistent application of these
principles and practices.
The Regions,, with Headquarters assistance, will continue to
review State programs to ensure that current State laws and
regulations provide adequate authority to administer and enforce
the national NPDES/pretreatment program requirements under the
CWA, as amended. Continued emphasis will be given to following
up on Action Plans established by States and Regions in FY
1988/89 to strengthen water quality based permitting for toxic
pollutants and toxicity.
The Regions will continue to encourage NPDES States to assume
authority for the pretreatment program, and will continue to
condition section 106 grants accordingly. Regions should
accelerate efforts to ,encourage State program modifications for
general permitting authority, since this will be a key to
successful implementation of stormwater program activities for
all NPDES States. In addition, the CWA amendments are expected
to produce increased activity with respect to State program
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assuatptions, including development of approvable State NPDES or
other federally authorized programs to include sludge
requirements, and treatment of Indians as States.
Headquarters
o Headquarters will provide guidance/assistance to all
Regions in conducting legal reviews, correcting
program deficiencies, and responding to
litigation/administrative petitions from third parties
seeking withdrawal of State programs. (Ongoing)
N o Headquarters will promulgate changes to NPOES
Regulations to incorporate requirements of the Water
Quality Act of 1987, including the treatment of Indian
tribes as States, and to clarify existing regulatory
provisions. (Fourth Quarter)
N o Headquarters will work with the Regions to assist
Indian tribes seeking to administer the NPDES program.
(Ongoing)
Reqions/States/Indian Tribes
o Regions will increase their oversight of State-run
pretreatment programs, and will take appropriate steps
to correct problems where States are not adequately
implementing/enforcing program requirements.
(Ongoing)
o Regions will continue to review/approve programs/prog-
ram modification requests for NPDES (including
pretreatment, general permits and sludge) and review
and approve partial NPDES programs. (Ongoing)
+ o Regions will work with States to implement their toxic
control action plans. (Ongoing)
9. State Revolving Fund Management
In the implementation of the State Revolving Fund program
authorized under Title VI of the Clean Water Act, FY 1990 will be
the key to the future of the program. Almost 40 States are
projected to receive their initial capitalization grants by the
end of FY 1989 and the remainder during FY 1990. Most States
will therefore be completing their first SRF annual cycle by the
end of FY 1990. It is,crucial to the success of the SRF program
that EPA and the States provide the necessary technical and
financial resources. This is vital to ensure that each State's
program is developed to effectively deal with municipal
wastewater financing needs of both large and small communities.
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In addition to the construction of wastewater facilities, SRF's
can also be used to finance the implementation of NFS and
groundwater control activities, the development and
implementation of activities included in the National Estuary
program, and wetlands protection activities that are an integral
part of NFS, groundwater or estuarine programs. States should be
encouraged to take full advantage of the discretion they have in
selecting water quality management activities they can fund
through their SRF's. States should also consider using funds
available under the Governors' 20 percent discretionary fund to
plan and implement these programs. j
!
I
During FY 1990 the Regions and States will be working through the
first annual review cycle and beginning the initial round of SRF
annual audits. Close coordination will be the key to effective
communication between all affected parties during that time.
EPA recognizes the direct link between the successful long term
management of the SRF and State access to adequate administrative
budgets. In view of the administrative cost provisions of the
Clean Water Act, EPA will continue to assess the State's SRF
management capability. This will continue to be a high priority
for the Agency.
Headquarters
o Headquarters will conduct formal reviews of
applications which propose new aggressive leveraging
or apply for aggressive leveraging exceptions, or
propose to generate State match from the fund.
Headquarters will assist Regional offices in reviewing
other applications as requested.
o Headquarters will continue to oversee Regional
activities, provide advice, develop additional
guidance and regulations as appropriate; Headquarters
will provide appropriate training.
o Headquarters will complete and submit a Report to
Congress on the SRF program; Headquarters and Regions
will work with States as appropriate to evaluate
options to improve program management and take action
to implement feasible recommendations.
N o Headquarters will initiate efforts with OGWP to
develop mechanisms for incorporating Ground-Water
Protection Components into OMPC program activities.
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Recrions/States/Indian Tribes
o Regions, with Headquarters assistance where needed,
will review and approve State SRF capitalization grant
applications. They will review annual reports and
conduct annual reviews for those States which had
received their initial capitalization grant awards in
FY 1988 and FY 1989. They will effectively manage the
SRF grant award process to ensure that payment
schedules and cash draws are consistent with LOG cash
draw rules. Regions and States will work together to
resolve problems identified in annual reviews. [SPMS]
I1
o Regions and States will assist Headquarters with data
collection and evaluation in support of SRF report to
Congress.
o Regions and States will provide projected FY 1991
disbursement schedules to Headquarters in the third
quarter. [SPMS]
o Regions will assist and support State SRF training.
10. Management of the Ongoing Construction Grants Program
The management of construction grant program will continue to be
a high priority of the Office of Water. Approximately 4,000
projects representing a federal investment in excess of $25
billion are in various phases which still require EPA action in
FY 1990. In addition, the first grants to Indian Tribes from
518(c) set-asides are expected to begin construction during FY
1990. EPA is committed to working with the States and local
governments to ensure that the technical, environmental and
fiscal integrity of 'the program is maintained as that workload of
projects moves toward completion.
In excess of ninety percent of the day-to-day project management
activities in the construction grant program are performed by the
States and U.S. Army Corps of Engineers under delegation
agreements. These activities are supported by construction
management assistance grants under Section 205(g) of the Clean
Water Act. The increasing demands in State Water Pollution
Control agencies coupled with the fifty percent decrease of
available 205(g) funds in FY 1989 and FY 1990 have placed severe
funding pressure on some State agencies. EPA will continue to
conduct program reviews of State performance under delegation to
assess the on-going quality of program delivery. During FY 1989
EPA will conduct a special program review to assess how
effectively the program is being managed in light of funding
reductions.
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The administrative completion, audit, and audit resolution
functions are critical in the successful management of grant
projects. EPA and State program managers must be prepared to
follow through on these functions not only to ensure full
reconciliation of the Federal (and any matching State) financial
involvement, but also to represent program decisions that were
made during the course of the project, which the municipality
relied on and which may be questioned during audit.
Headquarters
o Headquarters will continue to emphasize the successful
completion and closeout of the construction grant
program, including working with the IG to promote high
quality and timely completion of the program.
o Headquarters will continue to overview Regional
performance in the management of the dispute
resolution process under Part 31, Subpart F to ensure
consistent interpretation of program regulations and
policy, and to substantially reduce the number of
disputes pending in the Regional Offices. Petitions
(requests) for review of Regional Administrator's
decisions by the Assistant Administrator for Water,
will be analyzed, and when appropriate, revised by the
Assistant Administrator. (Ongoing)
o Headquarters will continue to provide management
information systems including GIGS and the Needs
Survey Data Base Management and Program Integration to
ensure timely and accurate data is available to
Regional and State Indian Tribe managers. (Ongoing)
o Headquarters and Regions will work effectively with
Indian tribes, States and Indian Health Service to
implement the EPA, Indian Policy, 518(c) set-aside
program, the Indian Needs Survey, and the National
project priority list funding decisions. (Ongoing)
N o Headquarters will continue to support
Regional/State/Indian tribe efforts to promote
construction project safety.
Recrions/States/Indian Tribes
States and Indian Tribes will continue to manage
active construction grant projects including outlays.
[SPMS]
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o States and Regions will continue to manage priority
lists and new grant awards.
o Regions will maintain essential levels of oversight of
delegated State activities to meet key delegation
agreement and performance-based 205(g) grant
requirements. They also will continue to manage Corps
of Engineers Interagency Agreement resources
supporting priority construction management activities
in those States still requiring assistance.
N o Regions will support the States' implementation of
their Program Management Strategies which detail their
multi-year plans for the management and completion of
all construction grant projects.
o Regions and States will continue to provide and
maintain timely and accurate program and project
information for the 6ICS and Needs Survey information
systems .
o Regions and States will continue to administratively
complete and closeout projects meeting time-based
goals.- They will continue to work with the Agency's
Office of Inspector General to ensure timely, high
quality audit resolution. [SPMS]
11. Municipal Wastewater Treatment Works Compliance
Maintenance and Infrastructure Protection
Through the construction grant program, Federal, State and local
governments have invested in excess of $75 billion in the
construction of municipal wastewater treatment works designed to
provide cost effective, environmentally sound collection and
treatment facilities in municipalities nationwide. The 1988
Needs Survey Report to Congress shows additional unmet needs of
$85 billion. The SRF loan program and the remaining grant
program through FY 1991, together with State and local investment
will finance these needs. These combined efforts represent a
huge investment in wastewater treatment.
Compliance has been accomplished at most of these facilities
through a combination of the NPDES program, the National
Municipal Policy , and programs of operations management and
evaluation under Section 104(g)(l) and onsite operator assistance
at small plants. Maintaining compliance in the future will
become increasingly more difficult as local government is faced
with 1) managing wastewater utilities under pressures of
increasing demands for service, 2) pressures to keep operating
and customer service charges as low as possible, and budgets
down, 3) the need to maintain aging treatment facilities in
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working condition as they receive an ever larger percentage of
their design flow, and 4) the loss of qualified operation and
maintenance personnel at increasing skill levels to keep pace
with the complexities of treatment technology, 5) changes in
water quality standards and permit limits.
Much of EPA's effort to date has focused on management
initiatives to ensure that these facilities were properly planned
designed, and constructed, and that this occurred in a timely
manner. FY 1990 is the final year of Title II appropriation for
project funding. The servicing of those projects to ensure that
construction, administrative completion and audit occurs as
scheduled represents a very large ongoing workload. One of the
major objectives of this initiative will be to protect the huge
investment made by the Federal government in wastewater treatment
infrastructure and to maintain its compliance gains. Beginning
with some groundwork in FY 1989,.EPA will, in cooperation with
the States and Indian Tribes establish a compliance maintenance
initiative that will support and promote effective management of
wastewater treatment infrastructure.
The Compliance Maintenance and Infrastructure Management
initiative will incorporate many elements of the current
management system, and in cooperation with the States and Indian
tribes will focus efforts to support POTW operations and
compliance through the 1990s. EPA recognizes that the primary
responsibility for compliance rests at the local level, and that
it is the States who are in the best position to work with local
government to manage the compliance posture over time. EPA's
objective is to facilitate the development of compliance
maintenance management plans by acting as a coordinating element
to transfer the best features of the plans across States to
ensure that the federal investment is maintained.
In addition, during FY 1990, the emphasis on the State and Indian
tribes operations and maintenance, and operator training programs
including expanded financial management assistance will continue
along with special emphasis in assistance to small communities.
The EPA awards program has become a fixture in the wastewater
treatment industry and symbolizes the Agency's commitment to the
ongoing operation and maintenance of facilities to achieve
compliance.
Headquarters
N o During FY 1989, Headquarters will survey the States to
identify ongoing compliance maintenance strategies
that are currently in place and will summarize the
results of that effort in a report. These summaries
will describe how the strategies address toxics,
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pretreatment and sludge. OMPC will coordinate the
effort with other affected Headquarters offices and
the Regions.
N o OMPC and OWEP will coordinate the development of a
national program for the implementation of municipal
compliance maintenance during FY 1990.
o Headquarters will continue to provide national policy
and funding guidance, oversee Operations Management
Evaluations, provide technical and State program
. development assistance and coordination, and
disseminate information. (Ongoing)
o Headquarters will continue funding/coordination of
operator training programs under Sections 104(g)(l)
and 109 (b) of the Clean Water Act, including expansion
of these programs to jointly address drinking water
and solid waste problems as well as advise small
communities on planning and financial management
matters .
Reaions/States/Indian Tribes
o Headquarters and Regions will continue to effectively
manage the O&M Excellence Awards Program. They will
solicit nominations from States, Indian Tribes and
POTWs, make highly regarded Regional awards in all
categories to the extent feasible, and promote wide
publicity. They will refer highly qualified nominees
to Headquarters for national awards consideration.
Headquarters will continue to coordinate national
awards programs to recognize outstanding pretreatment
programs and to promote beneficial uses of sludge.
(Ongoing)
N o The Regions, as part of their FY 1990 mid-year self
evaluation, will summarize the status of the
compliance maintenance initiatives in their States,
Indian Tribes and any further actions that are
planned .
N o States, Indian tribes and Regions will continue to
provide onsite compliance, technical assistance and
operator training at small POTWs, i.e., Operations
Management Evaluation (OMEs) . Based on Headquarters
training, they will conduct expanded financial
management/user charge system diagnostic evaluations
as appropriate and assist local officials to obtain
needed State/private sector assistance.
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o Regions will negotiate and award Section 104(g)(l)
operator training grants, participate in negotiations
on use of Section 106 and 205(g) grants for O&M
activities, and encourage additional State funding
support. (Ongoing).
N o Regions will promote development and implementation of
improved State, Indian tribes, O&M and operator
training programs to support objectives for municipal
compliance and protection of public capital
investments. (Ongoing)
12. Municipal Technology Transfer and Small Community Outreach
As the construction grant program, with intensive Federal
involvement, phases down, the tools available to municipalities
to plan, design, finance and operate their wastewater facilities
will be more important than ever. At the same time that
municipalities must become more self-reliant, they also will be
faced with new technological, financial and operational
challenges. These include toxics (both water and air), sludge
management under new regulations, improved CSO and storm sewer
pollutant controls, and wastewater treatment facilities
approaching the end of their design life and financing the full
capital cost of new and upgraded facilities without Federal
grants. In order to provide cost-effective, affordable
wastewater treatment which continues to meet increasingly
demanding permit requirements, municipalities and their
consultants must have access to the best information on the range
of topics relevant to municipal technology finance, management
and operations. Although certainly not the sole repository of
this information, EPA, nevertheless, is clearly in the best
position to assure that the user communities have access to this
information. The source of this information will be a broad
technology transfer/outreach network consisting of individuals
and organizations from the academic, State local, private and
Federal sectors.
A Municipal Wastewater Technology Initiative is being developed
to identify the future role of the Federal government (including
EPA) in providing municipal wastewater treatment technology
assistance. This initiative will involve preparation of a report
documenting municipal wastewater research and development and
technology transfer needs using input of a wide variety of
outside groups, including suggestions on who should help meet
these needs.
Technology transfer Qf needed wastewater and sludge management
information will continue using the existing network of Agency
(including Regional and ORD staff) professional, public and
private sector participants. Using client needs data as a
target, the required technical and financial information can be
generated or obtained from existing sources. The best sources of
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-76-
this information Technology transfer, will come from successful,
ongoing practices. These include full scale projects, research
and demonstration activities and adaptation of proven foreign
technology. Active liaison with the practitioners in the private
sector through the professional and technical societies also will
be of a key ingredient in these technology transfer efforts. A
separate but closely related small community outreach initiative
also has been developed to improve the ability of small
communities to choose, design, construct and operate the most
appropriate wastevater treatment facilities.
Small communities can least afford to make costly mistakes in
their planning, financing or technology selection decisions.
Special efforts will continue to be made to assist the small
communities through the technology transfer/outreach network.
Those who have been successful at solving small community
problems in all environmental media (including drinking water and
solid waste as well as wastewater) will be tapped for their
technical and financial expertise so that others may also benefit
from these solutions. In this way Federal and State programs
will be more effective in reaching and helping small community
officials when outreach efforts related to wastewater, water
supply and solid wastes are coordinated and combined wherever
possible.
EPA believes that States are in the best position to deliver
information and provide support to the local officials within
their boundaries. Therefore, OMPC will work through the EPA
Regional Offices to assure that each State develops and
implements a proactive small community outreach program.
A number of national associations also have an interest in or can
provide support to assist small communities with their
infrastructure needs. Other Federal agencies, like the USDA,
have programs which can provide financial assistance, information
and other types of support to small communities. OMPC will
continue to identify and work with appropriate national
organizations and Federal agencies to enhance our mutual efforts
and coordinate State outreach programs.
Headquarters
Headquarters will implement and continue to refine its
municipal technology transfer and small community
outreach initiatives. These initiatives provide the
framework for the overall OMPC efforts regarding
municipal technology transfer and small community
outreach.
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-77-
N o Headquarters will continue to identify a wide variety
of individuals and organizations who can participate
in a municipal technology transfer and a small
community outreach network. Those identified will be
contacted and steps will be taken to integrate them
into the network.
N o Headquarters will work closely with the Office of
Research Development to establish Municipal Technology
Subagreements which continue to meet the needs of the
Technology Subagreements, and which continue to meet
the needs of the network clients including small
communities.
N o Headquarters will begin to disseminate the results of
its efforts with the Water Pollution Control
Federation and others to identify problem technologies
and potential solutions to those problems.
o Headquarters will disseminate research and field
information concerning the emission of air toxics from
POTWs and improved toxics removal from POTW effluents,
including appropriate assistance and coordination with
the RCRA and CERCLA programs. (Ongoing)
o Headquarters, with limited Regional and State
assistance, will complete and transmit reports to
Congress on sulfide corrosion and rainfall-induced
infiltration. Headquarters will disseminate the
updated wastewater disinfection policy and the results
of the sewer exfiltration study. (Ongoing)
o Headquarters will support a National Technology Forum
and a series of seminars to present information on the
evaluation, design and use of wastewater treatment
systems, especially those involving
innovative/alternative technologies. (Ongoing)
o Headquarters will continue evaluating selected sludge
management technologies for beneficial use and support
sludge management workshops for information
dissemination on sludge technologies. Headquarters
will continue the sludge beneficial use awards
program. (Ongoing)
N o The Office of Municipal Pollution Control and the
Office of Drinking Water in EPA Headquarters will
continue to work together so that information transfer
and technical assistance efforts of each program can
be carried out efficiently and effectively, especially
for small systems.
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-78-
N o Headquarters will encourage public/private
partnerships as a means of meeting local environmental
infrastructure needs. Information on particularly
successful public/private partnerships will be
developed and disseminated.
o Headquarters will continue to fund and manage the
National Small Flows Clearinghouse at West Virginia
University to provide support to the municipal
technology transfer and small community outreach
initiatives.
o Headquarters will continue to finance the development
and initial implementation of new and innovative State
approaches to outreach through incentive grants and
demonstration grants.
o Headquarters, with participation of the Regions and
States, will continue to implement the Action Plans
developed in 1989 to support the Agency's National
Coastal and Maine Policy. (Ongoing)
Reaions/States/Indian Tribes
o Regions will work with Headquarters to identify those
individuals and organizations who can participate in
municipal technology transfer and small community
outreach networks.
o Regions and States will support the identification,
evaluation and information dissemination of selected
treatment technologies for effectiveness of removal of
conventional and toxic pollutants, recycle and reuse
of wastewater and sludge, improved capital and O&M
cost-effectiveness and improved operability and
maintainability. (Ongoing)
o Regions and States will continue their efforts to
promote beneficial uses of sludge, including
participating in the sludge beneficial use awards
program. (Ongoing)
N o Regions will develop agreements between their water
supply and wastewater treatment units in the outlining
how they will cooperate in outreach, technology
transfer and technical assistance.
•
N o Regions and States will work towards improving
coordination of agencies, groups, and organizations
-------
-79-
already providing assistance to small communities to
promote more effective and efficient delivery of
services to local officials.
o Regions, States and Indian tribes will take measures
to continue outreach programs initiated and developed
through incentive and demonstration grants.
IV. REGIONAL INITIATIVES
Background
This section of the FY 1990 Agency Operating Guidance discusses
projects initiated by either a Region or a State to address
specific environmental problems. These problems are often
complex, involving multiple pollutant sources and reulated by
organizations with fragmented regulatory responsibilities. The
nature of these issues necessitates that coordination occur at
the national, Regional and State level.
In FY 1990 each Region may at its discretion provide a list of
Regional initiatives to be undertaken during this fiscal year.
Particular emphasis should be placed on initiatives that reflect
Regional/State efforts to identify and resolve actual
environmental problems.
The Regions will negotiate priorities for the initiatives with
Headquarters and, when possible, undertake an initiative within
existing resources. Where resources for base-level activities
are decreased and shifted to implement an initiative, a process
must be developed to maintain the level of water quality already
achieved through previous program actions.
Specific Requirements
Each Region may propose two or three environmental initiatives
for discussion with Headquarters. These should be initiatives
that offer unique solutions or approaches to dealing with
problems and for which progress can be measured when they are
implemented.
For each initiative that involves a reduction in the commitment
for a SPMS measure the Region should demonstrate that it lacks
the flexibility to pursue the initiative within their operating
plan resources levels, and that more environmental protection or
risk reduction should result from the initiative. In addition,
the Region should propose alternative commitments for the SPMS
Measure and identify .the process by which they will track the
initiative.
-------
-80-
After negotiations with HQ, each participating Region will select
the environmental initiatives to be undertaken during FY90.
Regional progress on the initiatives and constraints will be
reviewed during each Region's mid-year quarterly reviews.
-------
-81-
OFFICE OF DRINKING WATER
FY 1990 PROGRAM SUPPLEMENTAL GUIDANCE
GUIDANCE
PWSS PROGRAM
l. Annual PWSS Enforcement Agreement
Guidance (including timely and
appropriate criteria)
2. SPMS/OWAS Reporting Guidance
UIC PROGRAM
1. Annual UIC Enforcement Agreement
Guidance
2. SPMS Reporting Guidance
3. Compliance Evaluation
FINAL PUBLICATION DAT^E
4/1/89
4/1/89
4/1/89
4/1/89
4/1/89
-------
-82-
OFFICE OF GROUND-WATER PROTECTION
FY 1990 PROGRAM SUPPLEMENTAL GUIDANCE
GUIDANCE FINAL PUBLICATION DATE;
1. Annual Guidance for State Ground- 2/89 for FY 90
Water Protection Grants Funds by 11/89 for FY 91
Section 106 of the Clean Water Act
2. Guidelines for Activities Under 319 4/89
(i) of the CWA
3. Guidelines for the Sole Source 3/89
Aquifer Post-Designation Review
Process
-------
-83-
OPFICE OF MARINE AND ESTUARINE PROTECTION
FY 1990 PROGRAM SUPPLEMENTAL GUIDANCE
GUIDANCE FINAL PUBLICATION DATE
1. Guidance for implementation of the Pending
Revised Ocean Disposal Regulation Promulagation
of the Revised
Regulation
2. National Estuary Program Guidance on 3/31/89
Contents of a Governor's Nomination
3. National Estuary Program Section 3/31/89
320(g) Grant Regulation and
Delegation of Grant Authority
-------
-84-
OPPICE OF WETLANDS PROTECTION
FY 1990 PROGRAM SUPPLEMENTAL GUIDANCE
GUIDANCE FINAL PUBLICATIQN DATE
1. Guidelines on Determining Significant 4/89
Enforcement Priorities
2. Guidance/Clarification for "Strategic 4/89
Initiatives"
-------
-85-
OFFICE OF REGULATION AND STANDARDS
FY 1990 PROGRAM SUPPLEMENTAL GUIDANCE
GUIDANCE FINAL PUBLICATION DATE
1. 305 (b) Guidelines 4/1/89
2. 304 (1) regulation proposed 1/4/89
3. Indian Grant Regulation the interim
final is
expected 3/89
-------
-86-
OFFICE OF WATER ENFORCEMENT AND PERMITS
FY 1990 PROGRAM SUPPLEMENTAL GUIDANCE
GUIDANCE FINAL PUBLICATION DATp
1. Guidance on Development of Penalties 12/88
Pretreatment Implementation Cases
2. Interim Final National Permitting 1/89
Strategy for Combined Sewer Overflows
3. Guidance on Reissuance of Organic 2/89
Chemical NPDES Permits
4. Compliance Monitoring and Enforcement 1/89
Strategy for Toxic Control
5. Permitting Principles and Guidance 1/89
for Toxic Control
6. Municipal Compliance Maintenance 2/89
Strategy (draft)
7. Industrial User Permitting Guidance 3/89
Manual
8. Local Limits Case Studies 3/89
9. Final TRE/TIE Guidance 3/89
10. Final Guidance on 402(p) (2) (E) 3/89
Stormwater Designations
11. Cases Studies for BPJ for 3/89
Centralized Waste Treaters
12. Final Interim Sludge Strategy 3/89
-------
-87-
OFPICE OF MUNICIPAL POLLUTION CONTROL
FY 1990 PROGRAM SUPPLEMENTAL GUIDANCE
DANCE ' FINAL PUBTJCATTqp
1. Priorities List Guidance 3/89
-------
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