o United States Environmental Protection Agency Office of Water Regulations and Standards Washington, DC 20460 December 1986 U.S. EPA Nonpoint Source Strategy: Agency wide and Regional Strategies FY 1986-87 Update —• IPA 812/ 1986.1 I ------- ------- V V 00 U.S. EPA NONPOINT SOURCE STRATEGY: AGENCYWIDE AND REGIONAL STRATEGIES U.S. Environmental Protection Agency Washington, D.C. 20460 December, 198fi U.S. Environsontal Protection Library. Riosi 2'JO'V ??A-2ll-A 401 M Street. S.W. Waanington. DC 20460 ENV1ROMMENTAL PROTECTION ASMOf D.C. 20460 ------- wm IM ------- TABLE OF CONTENTS I. Administrator's Overview II. U.S. EPA Agencywide Nonpoint Source Strategy III. U.S. EPA Regional Nonpoint Source Strategies IV. Glossary of Acronyms ------- ------- ADMINISTRATOR'S OVERVIEW This Strategy presents what the Agency accomplished in FY 1986 and will accomplish in FY 1987 to address nonpoint source (NPS) water pollu- tion problems. This document contains both our Agencywide as well as each of the EPA Regional NPS Strategies. These Strategies constitute EPA's current program to redirect and mars hall its existing resources to address NPS water pollution problems. What's the Nature of the Problem To gain some perspective on the NPS water pollution problem, we must look back. Over the past decade we have mounted an enormous effort to establish a system of industrial waste and sewage treatment facilities. We have avoided the catastrophe that threatened our waters, and revived many lakes and streams that had been thought beyond repair. We have made much progress in addressing conventional pollutants from point sources and are now emphasizing the task of controlling toxic point source pollu- tants. But once we have finished these tasks the end of water pollution will not be in sight. In 1985 the Association of State and Interstate Water Pollution Control Administrators (ASIWPCA) completed a National assessment on NPS water pollution. This Study reaffirmed that nonpoint pollution is a major remaining water quality problem which will prevent the achievement of established water quality goals, even when applicable point source controls have been fully implemented. The Study reported the following waters were either impaired or threatened by NPS pollution: - 41 percent of the 404,000 assessed river miles; - 53 percent of the 15 million assessed lake acres; and - 28 percent of the 19,000 assessed estuary square miles. The Study also reported NPS impacts on ground water including contamina- tion from agricultural fertilizers and pesticides, septic systems, aban- doned mines, and salt storage. ASIWPCA's Study was based upon a detailed assessment conducted by each of the States, territories and interstate agencies. It represents the first comprehensive, consistent look at the Nation's NPS problems and is a major milestone in our efforts to address this source of water pollution. Other reports, such as State Section 305 (b) Water Quality Reports and Regional Environmental Management Reports (EMR's) similarly document the problems caused by NPS pollution. Given the nature of the problem, significant reductions in nonpoint pollutants will only come by improving the way we all manage our activi- ties on the land. In a sense, NPS pollution is the footprint of our the Bureau of Land •ManJ|emenf^nd1o^h^ips|it^c^mes 'tojjabout $10 billion. In addition, as I've •'noted' already,'"the Tecieraly'government is directly responsible for managing over 720 million acres of land. In these areas, the Federal government is the "local" agency responsible for good stew- ardship. EPA's NPS Priorities The Agencywide and Regional NPS Strategies list many of the specific activities which we are undertaking to address nonpoint problems. Our major emphasis will be in the following three areas: ------- entire civilization, stamped on our water resources by the strength of millions of separate private and public decisions. Each of these deci- sions pursued some private and public good. Farmers wanted to grow more crops. Cities expanded. People built highways between cities, and after the highways were built they built surburban houses, filling up the spaces between cities. This land development changed the pattern and content of water runoff and percolation. Nonpoint pollution is the direct result of that changed pattern. What's Been Done and Where Are We Going Fortunately, the nonpoint problem is being recognized in many different parts of the Nation, by State and local governments and by the private sector. States and localities are meeting their NPS challenges by developing new programs and integrating NPS concerns into existing programs. For example, States and localities in the Chesapeake Bay Region, the Great Lakes Basin, the Tennessee Valley and elsewhere are developing and implementing new NPS programs which will serve as models for the rest of the Nation. These programs are being designed to respond to the site-specific and source-specific management needs in the various areas. America's largest landowner, the Federal government, must also meet its NPS challenges. The-Federal government is directly responsible for managing over 720 million acres of land. A major thrust of EPA's NPS Strategy is to help the major Federal land-holding agencies address non- point problems in areas under their supervision. In addition, we intend to continue to encourage Federal agencies to use their existing outreach and assistance programs to complement State, local and private sector NPS management efforts. Rather than undertake a new big-money Federal nonpoint program, I believe that we must redirect existing Federal, State, local and private resources to priority nonpoint problems. To help us frame this approach, EPA convened an interagency Nonpoint Source Task Force in 1984. The Task Force recommended a new National policy on NPS pollution to protect sur- face and ground water. Each Federal agency on the Task Force developed its own nonpoint strategy, which they are now beginning to put into effect. The Task Force strongly supported the idea that States and their localities should play the leading role in the control of nonpoint sources, and that private sector initiatives and cooperation are essential for success. Finally, the Task Force asked that EPA under its existing Clean water Act authorities, take the lead at the Federal level, to coordinate interagency management actions devoted to the control of such sources, including needed actions on Federal lands. This is what we intend to do. Coordination and refocusing of existing resources are essential if we are to have a chance at all of coping with this problem. These resources are in fact immense. When you add up the money spent on resource management programs in FY 1985 by the Corps of Engineers, the Soil Conservation Service, and the Forest Service, -2- develop technical information on effective approaches to targeting NPS management programs and'an updated manual on best management practices. - EPA will encourage States and others to use the whole range of implementation tools to manage NPS pollution problems e.g, infor- mation, education, demonstrations, technical and financial assis- tance, regulations, and enforcement. We will continue to share information with States and others on effective approaches to NPS problems and will encourage development of innovative approaches. 3. EPA will intensify its NPS activities and integrate NPS management ------- U.S. EPA AGENCYWIDE NONPOINT SOURCE STRATEGY This U.S. Environmental Protection Agency (EPA) Agencywide Nonpoint Source (NPS) Strategy is an outgrowth of the efforts of the Federal/ State/Local NPS Task Force, created by EPA in 1984. The Task Force, which includes representatives of Federal, State, and local agencies, was created in recognition of the need to coordinate the activities of the many diverse agencies involved in NPS management. The NPS Task Force presented a recommended National Nonpoint Source Policy to the EPA Administrator in December, 1984. Since then, most of the agencies participating on the Task Force, including EPA, have offi- cially endorsed this Policy. The objective of the National NPS Policy is to support and accelerate the development and implementation of NPS management programs. EPA fully supports this objective. Thus, in keeping with the spirit and intent of the Policy, this EPA Agencywide NPS Strategy describes general Agencywide NPS activities as well as specific Headquarters activities we accomplished in FY 1986 and will accomplish in FY 1987 to accelerate NPS management. In addition, each EPA Region has developed its own Regional NPS Strategy identifying specific tasks the Region intends to carry out. The Agencywide Strategy is divided into the following sections, corresponding with EPA's major responsibilities related to NPS control: o Coordination With Federal Agencies o Problem Assessment o Program Implementation o Incentives and Regulations o Resources ( o Program Evaluation and Oversight EPA's major responsibilities in each of these areas are discussed below as well as many specific activities and their target dates for completion. ------- COORDINATION WITH FEDERAL AGENCIES Based on its responsibilities and authorities under the Clean Water Act, including Section 304 (k), EPA has the lead Federal agency role for facilitating and coordinating Federal consistency in the management of NPS water pollution. In FY 1986-1987, EPA will emphasize increased coordina- tion with Federal agencies to assure maximum use of existing Federal programs to accomplish NPS management objectives. EPA's interagency NPS Task Force will continue to serve as a major vehicle for coordinating NPS activities with other Federal agencies. EPA Action EPA will continue to provide the leadership and staff support necessary for the continuing activities of the Federal/State/Local Nonpoint Source Task Force including its work groups: - Water Quality Standards/Best Management Practices Work Group: Work Group is devel- oping guidance on the relationship of BMPs and WQS and will publish this guidance as an insert for the Water Quality Standards Handbook (rewrite of SAM-32). - NPS Assessment Work Group: Work Group is developing an issue paper identifying steps which can be taken to improve future NPS assessments. EPA will pursue negotiated memoranda of understanding (MOUs) between EPA and several key Federal agencies regarding NPS pollution including SCS, USDA/NCSU, BLM, and DOD and others, as appropriate. MOUs will be devel- oped to help ensure maximum utilization of existing Federal programs to achieve NPS man- agement objectives. States will be encouraged to amplify Federal-level MOUs with State-level MOUS. EPA will work with USDA to assure that maximum NPS management results are achieved through implementation of the new conservation provisions in the 1985 Farm Bill e.g., the Conservation Reserve Program (CRP), Sodbuster, and Swampbuster provisions. Date Draft output: 12/85 3/86 7/86 Final output: 10/86 Draft output: 3/86 Final output: 10/86 SCS/Clean Lakes: 5/86 USDA/NCSU: 9/86 BLM: 6/87 DOD: 9/87 See next page -2- ------- EPA Action - OW requested USOA's ASCS to amend the preamble to the Interim rule for the CRP to request comments on how the CRP can be used to meet environmental concerns such as off-site water quality Impacts. - OEA/Office of Federal Activities participated on an interagency workgroup to develop regulations for implementing the Sodbuster and Swampbuster programs. - OEA/Office of Federal Activities will coordinate EPA's activities and comments on the implementing regulations for Title XII of the 1985 Farm Bill e.g., CRP, Sodbuster, and Swampbuster provisions. - OW/NPS Branch will track CRP implementation with a USDA provided data base. EPA will encourage use of Inter-personnel assignments to allow Federal, State, local and other professionals to be assigned to EPA offices and vice versa. - OW sent a memo to EPA Regional Administrators encouraging Regions to establish USDA details to assist with Regional NPS programs. - OW/NPS Branch surveyed EPA Regions to determine the number of USOA details in Regional offices. EPA will participate on a number of interagency committees to assure adequate consideration of NPS pollution problems and control needs Including the following: - Interagency Committee on Ground Water - Forest Service Water Quality Workgroup 3/86 - 6/86 FY 86 - FY 87 Ongoing Chesapeake Bay NPS Subcommittee (in cooperation with Region III) 3/86 9/86 Meetings held or scheduled: 3/86, 7/86 5/86, 6/86, 7/86 11/86, 2/87 - Interagency Subcommittee on Sedimentation Bimonthly meetings 2/86, 4/86, 8/86, 11/86, 12/86 -3- ------- EPA Action - TVA Water Quality Subcommittee (in cooperation with Region IV) - International Joint Commission NPS Work Group (in cooperation with Great Lakes National Program Office) EPA will continue to use the Chesapeake Bay and the Great Lakes Programs as models of Federal agency coordination to address NPS pollution problems. EPA Regions 8, 9, and 10 held a workshop with BLM representatives in Denver, Colorado to develop better procedures for review of BLM Resource Management Plans. EPA Regions 8 and 10 met with U.S. FS Region 1 in Missoula, Montana to discuss WQS, fish habitat, and antidegradation issues and to consider organizing a Regional interagency water quality committee. EPA Regions 8, 9, and 10 will hold a workshop with BLM and U.S. FS representatives on envir- onmental indicators and cumulative impacts, pending funding availability. OPP/Integrated Pest Management/Program Coordination Unit is working with several Federal agencies on cooperative projects to promote use of integrated pest management (IPM): .- OPP/IPM Unit is working with USOA's CSRS and CES to develop cooperative demonstra- tions on promising new IPM technologies. For example, they are planning an IPM turf management demonstration project in Cape Cod, Massachusetts to minimize the usage of chemical pesticides and their appearance in ground water. - OPP/IPM Unit and OEA/Office of Federal Activities are working with USDA's APHIS and other land management agencies as part of an interagency effort to develop IPM techniques to manage the range land grass- hopper. Through the Environmental Review Process OEA/Office of Federal Activities Date 3/86, 9/86, 2/87 2/86 Ongoing 2/86 4/86 nr 87 Plan completed - FY 87 5 year strategy developed - 5/87 -4- ------- EPA Action Date Is also providing input into APHIS'S EIS on their rangeland grasshopper control program. - OPP/IPM Unit is working with USDA in the Ongoing development of strategies for a National pesticide resistance monitoring network. Such a network is important to identify where IPM practices should be adopted as part of pesticide resistance management strategies. - OPP/IPM Unit is working with USDA's ARS to Ongoing identify IPM research needs based on the needs of the FIFRA pesticide special review process. OPPE/Regulatory Reform Staff, OPPE/Economic FY 86 - FY 87 and Regulatory Analysis Division, OW/NPS Branch, and Region IV are working with TVA and the State of Tennessee to evaluate inno- vative approaches to point/nonpoint source management in the TVA Region. Each Federal agency is required by Section Updated plans due 313 of the Clean Water Act and Executive 12/86 and 6/87 Order 12088 to submit to OMB, through the EPA Administrator, updated plans every six months for the control of environmental pollution for their facilities and land; NPS projects are now included as activities to be reported in such agency budgetary plans. OEA/Office of Federal Activities, as required by the Clean Water Act and the Executive Order, reviews such plans and ensures progress is occurring. OEA/Office of Federal Activities and EPA Ongoing Regions incorporate NPS management concerns in review of other agencies' actions under the National Environmental Policy Act (NEPA) and Section 309 of the Clean Air Act. OEA/Office of Federal Activities and EPA Ongoing Regions incorporate NPS concerns in EPA's review of the COE's public notices on Section 404 discharges into wetlands; EPA will work with other agencies to emphasize the importance of wetland preservation. -5- ------- PROBLEM ASSESSMENT Although other Federal, State, local, areawide, and interstate agencies have the lead role in NFS problem assessment in areas within their jurisdictions, EPA will continue to work in conjunction with these agencies to help identify water quality problems, pollution sources, and control needs. Agencies are encouraged to build upon the work done under Sections 104, 106, 108, 205, 208, 303, and 314 of the Clean Water Act, the Rural Clean Water Program, State Section 305 (b) water quality re- ports, the ASIWPCA NPS Assessment, and other programs. In addition, EPA will encourage all agencies to include monitoring/assessments of NPS pollution problems in both surface and ground waters as part of their annual work plans. EPA Regions will continue to work with States to ensure that State Section 305 (b) reports contain adequate information on NPS pollution including the extent of the problem and recommended control programs. EPA involvement will include work and assistance in problem identification, monitoring, data management and analysis, and research and development. Problem^Identification EPA Action ! 6 OW/NPS Branch as a first step used the ASIWPCA NPS Assessment data to provide water quality assessments for the 1986 Resource Conservation Act (RCA) inventory being pre- pared by USOA. Secondly, the Branch com- pared the ASIWPCA data with agricultural and land use data in order to develop sta- tistical assessment tools for the RCA. ; o OW/NPS Branch and OW/Monitoring and Data Support Division analyzed the NPS informa- tion collected as part of the ASIWPCA NPS Assessment to determine which measures would be most appropriate to include in the 1986 water quality report to Congress. o OW/Monitoring and Data Support Division and OW/NPS Branch will evaluate the NPS informa- tion submitted as a part of the 1986 State Section 305 (b) reports for inclusion in the 1986 water quality report to Congress. In addition, a data base is being developed from these 305 (b) reports to track water bodies with impairments due to point and nonpoint sources and will be used to gen- erate future 305 (b) reports. Target Date Step 1 completed 3/86 Step 2 completed 10/86 4/86 State reports due • 4/86 Report to Congress due - 9/87 -6- ------- EPA Action Date o As part of the guidance for the 1988 State Section 305 (b) reports, the OW/Monitoring and Data Support Division will provide guidance to States on how to report NPS problems to promote comparability of data. o OW/Monitoring and Data Support Division, OPPE, and OW/NPS Branch are developing a screening procedure for evaluating nonpoint sources in wasteload allocations. o OW/Office of Marine and Estuarine Protection provided grants to characterize point and nonpoint source loadings to complete problem identification activities in Buzzards Bay, Long Island Sound, Narragansett Bay and Puget Sound. In addition, grants were awarded for initial planning and problem identification activities for San Francisco Bay and Albemarle-Pamlico Sounds. o OPTS/Office of Toxic Substances gathered information on the extent of ground-water contamination from nonpoint sources such as fertilizer use and septic tank additives. o OW/Standards Branch and ORD will develop sediment criteria which may be used in NPS problem identification. o EPA will continue to use the Environmental Management Reports (EMR) process as a manage- ment tool to identify areas where nonpoint sources are a problem. Monitoring and Data Management EPA Action o OW/NPS Branch will develop a NPS monitoring and evaluation guide for use by the U.S. FS and others. o OW/NPS Branch will continue to develop and document NPS data bases, and develop mechan- isms to retrieve and utilize data related to nonpoint.sources from other agencies. Draft - 2/87 Final - 5/87 Draft- FY 87 FY 86 grants awarded; FY 87 grants to be awarded Available data was collected 1n FY 86 Draft criteria - 2nd Qtr., FY 87 EMR's due: 4th Qtr., FY 86 Target Date Draft - 12/86 -7- ------- EPA Action i - OW/NPS Branch will continue to document the Nationwide Urban Runoff Program (NURP) data through a grant to Illinois Water Survey to make the data available to all users. • OW/NPS Branch will develop a data base which identifies waters not impacted by point sources and possibTy~~impacted by nonpoint sources and analyze this information. The process is to develop stream, lake and ground-water data bases. - OW/NPS Branch made Agricultural Census, Conservation Tillage Information Center, and Natural Resource Inventory data available on computer for use by EPA .Regions and others in assessing NPS impacts. OW/NPS Branch will continue to suport North Carolina State University (NCSU) staff in the development and use of their NPS data bases. For example, the Branch is assisting NCSU in getting the Rural Clean Water Projects to put their water quality data into STORET. OW's NPS Branch and Monitoring and Data Support Division are updating the Reach File across the U.S. to assist in point and NPS analysis and data management and are seeking additional funds to complete the project. The Office of Pesticide Programs and OW/Office of Drinking Water will conduct a National Sur- vey of Pesticides in Drinking Water Wells. Approximately 5 dozen pesticides, as well as nitrates, will be sampled as part of the survey. The survey design and development of analytical methodologies was essentially completed in FY 1986; sampling of a pilot area (3 States) will begin in the spring of 1987; the full survey will begin in the fall of 1987; and sampling and analysis are tentatively scheduled through the beginning of FY 1989. OW/Office of Ground-Water Protection, in cooperation with other program offices, will con- duct several studies and issue guidance related to ground-water monitoring and data management: Date Complete - 12/86 Draft stream data , base completed - 9/86 Other draft data bases - 4th Qtr., FY 87 4th Qtr., FY 86 FY 86 - FY 89 1/86 - 6/88 FY 86 - FY 89 -8- ------- EPA Action - A "Ground-Water Monitoring Strategy" was issued. - A manual on "Ground4later Data Management With STORE!" was issued. - A study will be completed on ground-water data management needs. o OPTS/Office of Pesticide Programs will develop separate guidelines for monitoring pesticides in ground and surface waters. o OPTS/Office of Pesticide Programs, in cooperation with other program offices, will continue implementing the National Pesticide Monitoring Plan which involves systematically collecting available information on the extent of pesticide residues in water resources. Research. Demonstration, and Development EPA Action o ~EPA will support the development, evaluation and implementation of new innovative ap- proaches to NPS management. For example: - OPPE/Regulatory Reform Staff and OPPE/ Economic and Regulatory Analysis Division completed their Chesapeake Bay study examining potential sites in the drainage basin (i.e., Micomico River) for demon- strating the optimization approach to phosphorus management between point and nonpoint sources. - OPPE/Office of Regulatory Reform will complete an institutional analysis of the point and nonpoint source control programs in Virginia and will try to identify a site for a point/nonpoint source optimization project. - OPPE/Regulatory Reform Staff, OPPE/Economic and Regulatory Analysis Division and CM staff will complete a report comparing the costs and removal effectiveness of agricul- tural BMPs and POTWs for controlling phos- phorus in the Great Lakes region. 3/86 12/86 Ground water - 9/87 Surface water - 9/88 Ongoi ng Date 9/86 12/86 12/86 -9- ------- EPA Action Date - OPPE/Office of Regulatory: Reform and CM/ 9/86 Office of Ground-Water Protection developed a case study on an innovative approach to ground-water protection through septic system management in Idaho. ORD is not conducting any direct NPS research, Ongoing however, they have a variety, of research efforts which are related to: NPS pollution problems including research on pesticide fate/ transport, aquatic eco-regio'ns, etc. PROGRAM IMPLEMENTATION EPA will continue to encourage all government agencies to integrate NPS management concerns into their existing programs and to develop new implementation programs as needed. A major thrust of the Strategy is to work with Federal agencies to better utilize existing implementation programs to address NPS control needs (additional activities are also included in the section of the Strategy on Coordination With Federal Agencies). EPA expects States, Territories, and Indian Tribes, in cooperation with appropriate levels of government and the private sector, to take the lead in developing NPS management programs for priority waters (ground and surface waters). EPA will provide guidance and assistance to States and others for developing and implementing effective NPS management pro- grams. Assistance will be provided for: setting priorities for remedial and preventive management efforts for specific priority waters; NPS pro- gram development/management; targeting NPS management efforts; and NPS/ point source optimization. EPA's approach will be to support and utilize existing delivery systems wherever possible. EPA encourages States, Territories, Indian Tribes and others to identify NPS pollution problems and to work actively to develop and imple- ment management programs through their ongoing water quality management program. Water quality management agencies can use available funding from Clean Water Act sections 104, 106, 108, 205 and 314 to fund NPS management efforts. In addition, EPA will continue to provide assistance for water bodies of National significance such as the Great Lakes, the Chesapeake Bay and other major estuaries, and to use these efforts as models for NPS program development. -10- ------- Program Planning, Development, and Implementation EPA Action OH/NPS Branch will continue to participate on the National Coordinating Committee for the Rural Clean Water Program (RCVIP) including providing annual review of the 21 projects and on the Policy Advisory Committee (PAC) to guide the North Carolina State University National Water Quality Evaluation Project in their evaluation of the RCWP and other NPS projects. EPA Regions will continue to pro- vide annual review of the RCWP projects in their respective Regions and to participate on the State Coordinating Committees and Local Coordinating Committees for RCWP projects. OW/Office of Ground-Water Protection, pursuant to the Safe Drinking Water Act Amendments of 1986, will develop guidance for implementing the Wellhead Protection Program and Sole Source Aquifer Demonstration Program. Management plans developed by the States for these pro- grams will address nonpoint sources as well as other sources of pollution. Office of Pesticide Programs (OPP) and OW/ Office of Ground-Water Protection issued a report of the EPA Pesticides-in-Ground-Water Working Group and a summary of State pesti- cides-in-ground-water activities. EPA will obtain public review of draft guidance on classifying ground water according to use and vulnerability. OPP/Integrated Pest Management and Program Coordination Unit is working with the State of California to include integrated pest manage- ment and resistance management components in a Section 18, FIFRA Emergency Exemption request. It is hoped that this will serve as a model for other States. OPTS/Office of Toxic Substances and OW/Office of Ground-Water Protection, in cooperation with other EPA program and Regional offices, com- pleted and began implementing the TSCA Ground- Water Strategy which addresses selected toxic substance contamination of ground water including fertilizers and cleaning additives for septic systems. Date PAC meetings - .Quarterly EPA annual review of RCWP projects - 1/86 and 1/87 RCWP project meetings - 7/86, 7/87 5/87 5/86 2nd Qtr., FY 87 FY 86 - FY 87 Strategy completed 12/85 -11- ------- EPA Action Date , - OPTS/Office of Toxic Substances will develop Draft - 11/86 guidance for internal use in the new chemical program (Premanufacture Notice Program) and existing chemical program on how to better assess in routine exposure assessments the potential for ground-water contamination from such chemicals. o OPPE/Off ice of Management Systems and Evaluation 1st Qtr., F:Y 87 will continue to work cooperatively with EPA program and Regional offices to develop 10-year strategic plans to address a number of issues related to NPS including near coastal waters, agricultural chemicals in ground water, and wet- lands protection. These strategic plans will identify problems, suggest alternative achievable environmental results, and eventually result in development of implementation strategies. o OPPE/Regulatory Reform Staff and OW/NPS Branch 5/86 developed a "generic briefing" for use in explaining point/nonpoint source optimization to EPA Regions and others. o CW/Advanced Treatment (AT) Task Force will Ongoing continue to address NPS loads and effects as appropriate in AT reviews for nutrient removal at POTW's. : o OW/Office of Water Enforcement and Permits Ongoing and EPA Regions will continue to use the existing NPDES permit process and related existing effluent guidelines when appropri- ate for requiring BMPs to control runoff at industrial sites; OW/NPS Branch will continue to provide assistance regarding assessing the quality of stormwater runoff. o OW/Industrial Technology Division will Ongoing continue to evaluate the adequacy of BMP measures in place in new and previously promulgated effluent guidelines. o EPA will continue to use the Environmental Ongoing Review Process to incorporate NPS-related concerns into U.S. FS and BLM Resource Management Plans and will provide follow-up support as necessary. -12- ------- Targeting EPA Action o EPA will respond to requests for assistance in targeting NPS management programs for priority waters. In addition, OU/NPS Branch and OPPE/Economic and Regulatory Analysis Division will work with North Carolina State University (NCSU) to develop and issue guidance on approaches for target- ing NPS management programs. o EPA will.continue to encourage USDA's ASCS to emphasize special projects involving water quality in their Agricultural Conser- vation Program (ACP). Technical Assistance/Education EPA Action o EPA published an issue of the EPA Journal devoted to the topic of "Tackling Nonpoint Water Pollution." o QW/NPS Branch cosponsored an International Symposium on Applied Lake and Watershed Management in Lake Geneva, Wisconsin, November 13-16, 1985; proceedings were published. OW/NPS Branch will cosponsor an International Symposium on Lake and Reservoir Management in Portland, Oregon. o OW/NPS Branch issued a report on the accomplishments of the Clean Lakes Program, including NPS aspects. o OW/NPS Branch developed an urban retention design manual for use by local practitioners titled "Methodology for Analysis of Detention Basins for Control of Urban Runoff Quality." o OW/NPS Branch will develop a manual for decision-makers describing existing NPS models and BMPs. o OW/NPS Branch cosponsored the Fifth International Symposium on Agricultural Wastes in Chicago, Illinois. Date Cooperative agreement with NCSU: 3/86 - 11/86 ACP special project funds available - 3/87 Proceedings published 4th Qtr., FY 86 . Portland Symposium - 11/5-8/86 5/86 9/86 Draft - 10/86 Final - 12/86 12/16-17/85 -13- ------- EPA Action Date OW/NPS Branch cosponsored a conference on urban runoff quality in Henniker, N.H. with the Engineering Foundation, June 22-27, 1986; proceedings will be published. OW/NPS Branch assisted the Great Lakes National Program Office in organizing a workshop on "Conservation Tillage - Envir- onmental Impact on Surface and Ground Water," June 10-12, 1986. OW/NPS Branch will provide introductory training to EPA Regional and State staff on the use of the Reach File and the NPS data base and methods for updating these data bases. i OW/Office of Ground-Water Protection developed and issued technical information and model ordinances on septic systems. OW/Office of Ground-Water Protection, in .cooperation with other EPA Program and Regional Offices, will develop technical information on BMPs to protect ground water from pesticide contamination. OPTS/Certification and Training Program will provide support to the States of New York and California to develop a unit on ground-water protection for incorporation into State pesti- cide applicator training programs. OEA/Office of Federal Activities and OW/Office of Municipal Pollution Control cosponsored a conference on Aquatic Plants for Water Treat- ment and Resource Recovery in Orlando, Florida which included the impact of wetlands on NPS pollutant removal. OW/NPS Branch and EPA Regional staff will continue to assist the National Association of State Departments of Agriculture (NASOA) with their NPS project designed to document and disseminate information on successful NPS projects in the Great Lakes region. OW/Office of Marine and Estuarine Protection will complete development of procedural guidance on conducting estuarine protection programs including information related to NPS program development. Proceedings published 2nd Qtr., FY 87 Proceedings published 1st Qtr., FY 87 FY 87 - FY 7/86 FY 87 4/87 7/20-24/86 Cooperative agreement with NASDA - 4/86 - 10/87 Draft - 10/86 -14- ------- EPA Action Date OPPE/Regulatory Reform Staff provided technical assistance to the Denver Regional Council of Governments, the State of Colorado, and EPA Region 8 to develop the Cherry Creek pollution reduction trading program. OPPE/Regulatory Reform Staff, OPPE/Economic and Regulatory Analysis Division and OW/NPS Branch will continue to seek to identify "natural experiments" and provide assistance to various communities/States where there is a need to consider and evaluate the NPS/point source optimization approach as a viable alter* native to nutrient management. In addition, guidelines will be developed for assessing NPS/point source optimization projects. OPPE/Regulatory Reform Staff will complete a literature survey on the effectiveness of nonstructural BMPs for reducing sediment in runoff and assess the relationship between sediment in runoff and P and N concentrations. Project Approved by State of Colorado on 12/85 and by EPA Region 8 on 7/86 Draft Guidelines - 4th Qtr., FY 87 Draft - 12/85 Final - 5/86 INCENTIVES AND REGULATIONS Currently, both voluntary and regulatory programs are being used to manage NPS impacts. EPA believes that voluntary NPS management programs are valuable and that incentives are sometimes necessary to increase the scope of implementation and improve the equity of such programs. Volun- tary programs, however, need to include effective program evaluation com- ponents. Where nonpoint source-related water quality goals are not being met after an adequate period of voluntary program implementation, regula- tory programs may be necessary, and States and localities should consider developing and implementing such programs. Where regulatory programs are used, adequate enforcement mechanisms should be developed to ensure com- pliance with program requirements. While a variety of Incentive and enforcement tools may be used to achieve compliance or implementation of NPS BMPs, it is important to note that EPA currently has few legal authorities under the Clean Water Act to require implementation of NPS BMPs. Section 313 of the Clean Water Act and Executive Order 12088 address Federal facilities compliance with State, interstate or local water pollution control requirements including the control of NPS pollution. Also, stormwater runoff that is "channeli- zed" by means of "discrete conveyances" located in urbanized areas or at industrial or commercial facilities falls under the purview of the NPDES point source permit program and requires permits (see 49 FR 37997, September 26, 1984). For the past few years EPA has been considering revisions to these regulations (see 50 FR 9362, March 7, 1985, and 50 FR 32548, August 12, 1985 for proposed regulations). A final regulation on -15- ------- stormwater permit application requirements is expected by the beginning of 1987. The deadlines for stormwater permit applications where EPA is the permit issuing authority have'been extended to 1987 and 1989 (see 50 FR 35200, August 29, 1985). ; Many States and local governments have adopted regulatory programs including enforcement options for' some types of nonpoint sources. NPS pollution from construction erosion, mining activities, and pesticide; use are the most common types of nonpoint sources for which States/locals have adopted regulatory programs. About one-fourth of the States have regula- tory programs for forestry activities; these programs vary widely among States. Agricultural NPS problems-1 are currently primarily addressed with voluntary programs; in some instances, back-up regulatory provisions have either been adopted or considered. Only a few States and/or local govern- ments have adopted stormwater management regulatory programs, directed at stormwater runoff from new developments. Incentives EPA Action Date o - EPA will continue to make existing Clean Water Ongoing Act resources under Sections 104, 106, 108, 205, and 314 available to localities for NPS manage- ment activities in priority waters. o EPA will continue, to encourage States to develop Ongoing incentive programs to share the cost of imple- menting BMPs i.e., cost sharing, loan programs, tax incentives, etc. o EPA, in cooperation with cither agencies, will Ongoing assess and provide information about the econ- omic benefits to landowners and operators of BMP emplacement. Regulations EPA Action Date o OPP/Integrated Pest Management and Program Ongoing Coordination Unit is increasing consideration of integrated pest management strategies in the development of regulatory options for special review pesticides. o OW/Office of Water Enforcement and Permits will Draft - 12/85 explore and define other alternatives which Final - 11/86 might be legally adaptable and implementable under the current Clean Water Act for managing water quality e.g., they will develop final guidance on general permits including general permits for stormwater. -16- ------- EPA Action Date o EPA, and agencies administering EPA delegated Ongoing programs, will continue to require use of NPS BMPs in EPA supported construction projects e.g., such as the Construction Grants Program, the Resource Conservation and Recovery Act Program, etc. o EPA will continue to enforce Section 404 Ongoing permitting requirements for discharges into wetlands important for control of NPS pollu- tants. RESOURCES EPA's Office of Water will assume the lead role within the Agency for coordinating implementation of the EPA NPS Strategy. EPA will use existing funding under the Clean Water Act to assist State and local governments in program implementation. In addition, EPA will encourage other Federal agencies to utilize their existing resources and programs to accomplish NPS management objectives. A variety of funding sources are available under the Clean Water Act for managing NPS pollution including Section 104, 106, 108, 205, and 314 funds: . - Section 104 (b)(3) funds are available for a variety of Great Lakes water quality projects including assessing NPS problems and evaluating/implementing NPS controls; these funds also support NPS implementation activities and various water quality assessment projects for the Chesapeake Bay Program and problem assessment activities for other selected estuaries. - Section 106 funds support the administration of water quality management programs and may be used for developing and managing NPS programs; however, 106 funds are not to be used for direct financial assistance to individuals for implementing NPS controls, except for demonstration projects. Section 106 funds are also available to develop ground-water protection programs, including programs to address contamination of ground water from nonpoint sources. - Section 108 has provided funding for NPS demonstration projects in the watersheds of the Great Lakes. Conservation tillage prac- tices are being demonstrated in 33 counties in the Great Lakes Basin as a means of reducing nutrient loads to Lakes Erie and Ontario. - Section 205 (j) funds have been available to support NPS planning activities such as updates of water quality management plans but may not be used for direct implementation activities. -17- ------- - Section 314-funds can be used for direct financial assistance to Individuals for implementing NPS controls to protect/improve lake water quality. EPA Action Date o EPA will increase priority of NPS management Ongoing within limitations of existing and future available funds in Sections 104, 106, 108, 205, and 314. o EPA will better utilize available professional Ongoing staff to manage and carry out EPA's responsi- bilities identified in this Strategy and en- courage existing staff to take training courses on all aspects of NPS management. o EPA will work with other Federal agencies to Ongoing better integrate NPS management concerns into existing programs. PROGRAM EVALUATION AND OVERSIGHT While all agencies are individually responsible for the periodic evaluation of their programs, EPA will include such evaluations in its assessment of NPS management efforts in determining if National water quality goals are being adequately addressed. To meet the goals and ob- jectives of the Clean Water Act, EPA will oversee implementation of State water quality programs through its accountability system and through program review of activities by the Regions. EPA's Agency Operating Guidance clearly identifies NPS management as an Agency priority and establishes realistic performance expectations. EPA Action Date o OW/NPS Branch will work with OW to evaluate FY 86 - FY 87 the need to suggest statutory changes related to NPS management in the Clean Water Act reauthorization bills. o EPA will include specific items on NPS Ongoing pollution as part of the Agency's Strategic Planning and Management System (SPMS) and the Office of Water Accountability System (OWAS). o As part of EPA's CWA oversight role, OW/NPS Ongoing Branch will assess and evaluate EPA Regional and State NPS programs for consistency with SPMS and OWAS guidance at!mid- and end-of-year reviews and as part of other management reviews as they occur. -18- ------- EPA Action EPA will evaluate use by States of Section 104, 106, 108, 205, and 314 funds for NPS management to ensure consistency with National guidance. EPA will evaluate and Integrate the Ongoing experiences of Its Regional offices and State, areawide, and local NPS programs, and use the results to refine and modify the Agency Strategy and direction. •19- ------- ------- U.S. EPA REGIONAL NONPOINT SOURCE STRATEGIES ------- ------- REGION I FY'86/FY'87 NONPOINT SOURCE STRATEGY Objective; Develop program, work plan, and coordination wdthin EPA, with States/localities, and with the public to implement the National Nonpoint source Policy and Strategy in Region I. In particular, give special attention to gaps in urban runoff, agricultural chemicals and land disposal (including toxics and cumulative impacts), especially with respect to groundwater protection. Carry out prototype programs to focus NFS measures on environmen- tally sensitive geographic areas: Narragansett and Buzzards Bays, Cape Cod Aquifer, lake watersheds, and critical wetlands. Activities: 1. Promote and carry out regional strategy within EPA, with States/localities, and with the public. Refine strategy in January and July. ^2. Work with the States to develop, refine, or update State NPS Management Programs — including implementation steps, prior- ities, responsibilities, funding, and supporting Federal Actions. State NPS Management Programs are called for in National NPS Strategy, EPA Operating Guidance and Strategic Planning and Management Systems (SPMS), and in pending CWA amendments. - NPS Coord, and WQM staff, March/April 1986 and October 1986. . 0 Incorporate Regional NPS Priorities for NPS strategy in guidance and reviews for State program grants (106, 205(j), 205(g) and for WQM Activities (303(e) and 305(bj) - Program Coords. 0 Evaluate State progress and needs during Mid-Year Reviews and follow-up sessions. 0 Arrange assistance, as needed. 0 Evaluate and assist States to strengthen 305(b)/ASIWPCA NPS Assessments. - 305(b), NPS, and Groundwater Coords. "3. Arrange Federal agency assistance to meet State needs and car- ry out NPS strategy: 0 Continue and follow-up on series of State-by-State coordina- tion meetings with USDA officials, State Agricultural/Water Quality Commissioners, and EPA. 0 Evaluate and assist the two Region I Rural Clean Water Proj- ects (RCWP), Small Watershed Program Land Treatment Projects (PL566), and special Agricultural Conservation Program (ACP) Projects. Coordinate with Clean Lakes, Estuarine studies, and Groundwater programs. 'Priority effort ------- -2- * Work with ACP on cost-sharing priorities for water quality - NFS Coord., Continuing 0 Work with the States and USDA to include water quality criteria in designation of critical lands to go into "Con- servation Reserve" under the 1985 Farm Bill. - NFS Coord., March. 1986. 0 Involve Cooperative Extension Service in water quality NFS education efforts. Contact Headquarters and State Exten- sion offices - NFS Coord., Continuing. 9 Work with Federal and State Highway/Water Quality officials on construction, deicing materials and other highway road runoff issues. Coordinate with Water Supply Branch and Groundwater office. Steps: - Using Connecticut as prototype, explore issues with Connecticut DOT and DEP - NFS Coord., April 1986. - Follow-up with Headquarters and Federal DOT, and with other States, as appropriate. NFS Coord., May 1986. 4. Co-sponsor policy and technical workshops to meet States' needs, identified during Mid-year Reviews and in 305{b)/ . ASIWPCA Assessment. Promote technical transfer - Groundwater, Pesticides, NPDES and NFS Coords. ", 0 Explore workshop on transfer of findings to-date from St. Albans RCWP and LaPlatte Watershed Projects, with University of Vermont and SCS. r NFS Coord., possibly 7/86. ':• '• h ' ) t • 0 Organize workshop(s):;on urban runoff (stormwater) problem, control measures, beginning wth EPA staff discussion - NFS NPDES, and Groundwater Coords., March 1986. 0 Participate in National Conference on Urban Runoff, En- gineering Council, Henniker, NH, 6/22-27, 1986 - NFS, Per- mits and Groundwater Coords. 0 Follow-up with stormwater Runoff Workshop if needed. - NFS Coord., et.al. , w/NEIWPC, Fall 1986. ' 0 Arrange workshop on^agricultural chemicals and ground and surface waters/w/NEIWPC - Groundwater Coord. Fall '86. Work with Headquarters on pesticides/groundwater training program for Extension agents, dealers, etc. - Pesticides and Groundwater Coords., F,? '87'. * * i * Conduct workshop witrh States and NEIWPC on septic system/ septage regulations in relation to groundwater, with empha- sis on toxics and planning/zoning densities - Groundwater and NFS Coord. 1987; Cosppnsor Conference on on-site Sewage Disposal, 3/31-4/1. ------- 5. Promote information exchange and dissemination. Give presen- tations - NFS Coord, and WQM staff, Continuing. 6. Develop prototype NFS programs as part of Estuarine Studies - NFS and Estuarine Coords., Continuing. 0 Coordinate Narragansett Bay Study with Aquidneck Island Erosion and Sediment Control Study by SCS emphasizing Agricultural Chemicals/Sediments. 0 Develop prototype urban runoff, on-site disposal, and agricultural NFS and control programs for problem embayments; e.g., upper Narragansett Bay, Buttermilk Bay, Westport Estuary and Quinnipiac Estuary. 7. integrate NFS Program into Cape Cod aquifer management program. - Groundwater and NFS Coord., Continuing, 0 Evaluate land use policies for aquifer protection zones, April 1986. 0 Target NFS programs, as needs identified, Fall 1986, continuing. 8. Complete or continue Clean Lakes projects with joint SCS/ ACP funding. Give attention to on-site systems and erosion/ sediment/runoff controls for Candlewood Lake, Ct. - Clean Lakes and NFS Coords. 9. Identify and predesignate wetlands that protect priority waters from NFS runoff of seepage under Sec. 404(c) or Ad- vance Identification of Sites. Tie in with Bay Studies and Cape Cod Aquifer geographic prototypes - Wetlands and NFS Coords, and States, FY186-87. 10. Incorporate NFS controls in Sole Source Aquifer Protection program. - sole Source Aquifer Coord., FY'87. 11. Explore feasibility and develop prototype general permits for stormwater runoff (especially lead and other heavy metals), once toxics-based NPDES permits have been issued. Use Ten Mile, Patuxent, and Pawtucket Rivers as prototypes. Explore feasibility and develop prototype general permits for storm- water runoff in drinking water supply watersheds. - Permits Branch, FY'87. 12. Review effectiveness of on-site BMP's in NPDES Program. Strengthen as needed. - Permits Branch FY186-87. ------- -4- 13. Cooperate with Headquarters in its evaluation of the effec- tiveness of erosion control requirements in the Construc- tion Grant Program. Coordinate with Regional Wetlands Strategy. - Municipal, Facilities Branch, FY186-87 14. Review and strengthen NFS protection programs on Federal installations under Executive Order 12088 - Federal Activi- ties and NFS Coords. Continuing. 15. Evaluate NFS impacts and proposed preventive measures in Federal land and water management plans and in the course of Environmental Reviews under NEPA and FERC - NFS Coord., Environmental Review Coord., and WQM staff, Continuing. Examples: - U.S. Forest Service, White Mountain National Forest Plan (under revision, FY'86) and Green Mountain National Forest Plan, March, 1986. - Big "A" Hydroelectric Power Dam Application, West Branch of Penobscott River, Maine. - Highway projects; e.g., Route 6 across Scituate Reservoir, Rhode Island. - Coastal Zone Management Programs; e.g., New Hampshire. 16. secure priority for NFS activities in Federal and Federal- assistance programs in New England Governors1 Conference 1986 Priorities Report to the Congress and Federal/State Aency Heads - NFS Coord., October, 1985. 17. Evaluate institutional arrangements to anticipate cumulative impact of development on water quality, including meeting antidegradation requirements and policy on BMP's Water Qual- ity Standards; e.g., NFS Task Force-on BMP's water quality standards; Vermont Legislation and Regulations. - NFS and Water Quality Standards, Coords., January, April, and continuing. 18. Evaluate significance of acid deposition on NFS loadings in critical lakes and streams, in conjunction with National Surface Waters Survey - NFS Coord, and BSD, June 1986 and periodically. 19. Define data management requirements for NFS - Data Management, NFS and 305(b) Coords., Continuing. 20. Evaluate progress and integrate into WQMIS tracking and information systems or into existing micro-computer project tracking package - Program and Data Management Coords., Semi-annually. ------- REGION II NONPOINT SOURCE STRATEGY INTRODUCTION The problem of nonpoint source (NPS) pollution and its importance to the achievement and maintenance of water quality goals has been, and is, clearly recognized. Major planning work for nonpoint source pollution in Region II was accomplished under the Clean Water Act. Under Section 208 of the Act, $47 million was spent between 1975 and 1984 in Region II for local and statewide water quality assessments, point and nonpoint source control programs, and groundwater management programs {$6 million). By 1980, 13 areawide and 4 statewide initial plans were developed and conditionally approved.. Puerto Rico, the U.S. Virgin Islands, and most recently New Jersey and New York State have provided updates to their initial statewide plans. The initial plan topics were: - Municipal treatment needs {sewer service areas, population projections) - Local On-Lot Systems Programs - Statewide Agricultural Programs - Statewide Construction Sediment Programs - Local Groundwater Management. The implementation of plans, programs, and activities recommended by the Section 208 nonpoint source studies serves as the foundation for Region II efforts. Inclusion of the nonpoint source element is emphasized in ongoing Clean Water Act programs, including Clean Lakes, and in new programs such as the Long Island Sound Study. The complete bibliography of Region II Section 208 funded projects has been scheduled for computerization. This will permit rapid retrieval of information on a specific topic. Our major current attention is directed to follow-up on the recommended National Nonpoint Source Policy for maximizing the water quality benefits from Federal and State agricultural programs. The Regional Administrator has personally initiated this effort with appropriate Federal and State agency directors. Region II activities, consistent with available resources, will continue to support the national EPA strategy for nonpoint source control. - 1 - ------- REGION II NONPOIOT SOURCE (NFS) STRATEGY OBJECTIVE: The goal of the Region II NFS Strategy is to have operating state nonpoint source implementation programs, where control measures are implemented in the highest priority watersheds. The regional nonpoint source program should include: 0 An interagency committee that meets regularly, 0 A consensus from the committee that specific water quality problems exist and are a priority for correction, 0 General agreement on the nature of the source of the pollutants, 0 Commitment of resources from very specific interagency pro- grams to reach'a ccmmon goal, 0 Restoration of designated uses resulting through the implement- ation of controls, and improved water quality as evidenced through assessment. STRATEGY: The following series of activities need to be performed in order to most effectively meet the goal. 0 Regularly update nonpoint source assessments. - Provide guidance to states to ensure the Water Quality Assessment Section 305(b) Report addresses nonpoint sources of pollution including: - The nature and extent of nonpoint source pollution, - Identification of waters impacted by nonpoint source pollution and waters needing protection front nonpoint sources of: pollution, - Nonpoint Source priority areas. 0 Identify priority watersheds for NFS controls. - In each state, continue coordination with Federal, State, and local [agricultural] agencies to reach agreement on priority water- sheds, based on mutually agreeable criteria, including use impair- ment. - Ensure states identify ranked priority areas through annual assessments [Section 305(b) Report]. - Through technology transfer to the states, increase the visibility of nonpoint source impacts through the inclusion of nonpoint source pollution, where feasible, in loading analyses and wasteload allocation studies. - 2 - ------- 0 Reach consensus on the source of the pollutants and the necessary controls* - Have Federal, State, and local [agricultural] agencies reach consensus on: pollutants of concern, sources of pollutants, control programs, and the level of control necessary. 0 Inventory existng agricultural water quality programs to fund these activities. 9 - Increase and improve communication between agricultural agencies and environmental agencies to encourage better use of existing funds and greater water quality benefits. - Have State nonpoint source strategies inventory all existing nonpoint source programs. ° Identify barriers (institutional, financial, technical) to the implementation of controls, develop solutions, and resolve them. - Continue work with agricultural agencies to identify the barriers which exist to the implementation of controls, suggest solutions to remove these barriers and coordinate efforts to resolve them. ° Implementand track control program. - Implement controls through existing programs in coordination with the agricultural agencies and work to determine mechanisms to track implementation based upon existing USDA and USEPA tracking systems. Evaluate and update control programs. - Evaluation of the control program is ultimately based upon changes in water ouality through assessment. - Participation and cooperation are also used to evaluate program. ..- Update program with an interagency caimittee that meets at least • \ quarterly. _ 3 _ ------- ACTIVITIES/OUTPUTS of NONPOINT SOURCE PROGRAM JANUARY - MARCH 1986 0 Award of "discretionary" Section 106 funding to New Jersey Department of Environmental Protection for education/demonstration program in the Na.vesink Watershed. 0 Award of "discretionary" Section 106 funding to Puerto Rico Environ- mental Quality Board for Animal Waste Control Program. 0 Begin implementation of Puerto Rico 106 project. 0 Review proposal for phase II of INFORM1s Hudson River Study: Research of River Conditions, Nonpoint Pollution Problem. 0 Review of documents prepared by the New York State Department of Environ- mental Conservation updating the State Water Quality Management Plan. 0 Review Puerto Rico Environmental Quality Board North Metro 208 Project. APRIL - JUNE 1986 0 Review state Section 305(b) water quality assessment reports. 8 Conduct mid-year reviews with states, concentrating on State NPS program progress, status, and nonpoint source problems and issues. 0 EPA/USDA/State nonpoint source meeting with New York. 0 EPA/USDA/State nonpoint source meeting with New Jersey. 0 Attendance of Nonpoint Source Coordinator at course on groundwater contamination, sponsored by the Region's Office of Groundwater. July - September1986 0 Begin implementation of New Jersey 106 project. 0 Participate in review of Agricultural Conservation Program arid the Emergency Conservation Program. 8 Review of Long Island Sound Study findings on sources of toxic contaminants with emphasis on the urban runoff, agricultural , and combined sewer overflow components. 0 Review INFORM's draft report on nonpoint sources of pollution in the Hudson River. 0 EPA/USDA/State nonpoint source meeting in Caribbean. 0 Evaluate/implement securing detail from the USDA Soil Conservation Service to assist in the implementation of the Regional Nonpoint Source Strategy. 0 Review New York State Strategy for Phosphorus Reduction to Lake Erie and Lake Ontario. - 4 - ------- l f-SI *; •:* 1-^ Si A, •• ',„**» » . i —» Ongoing Activities (FY 86 and FY 87) 0 Promote and carry out Regional Strategy within EPA, with states, localities and public. Revise strategy as necessary. 0 Review and strengthen NPS protection programs on Federal installations. 0 Evaluate NPS impacts and proposed preventive measures in the course of envirormental reviews under National Environmental Policy Act (NEPA). 0 Evaluate states' policy/technical needs identified during Midyear Reviews and 305{b} Reports. 0 Continue coordination* with Federal Agencies to assist states in developing/ updating their NPS strategies, including, - Soil Conservation Service - Agricultural Stabilization and Conservation Service - Cooperative Extension - Forest Service - Fanner's Home Administration - Food and Drug Administration 0 Participate in Great Lakes National Program Office activities related to phosphorus reduction activities in New York State. 0 Review State Water Quality Management grant-(106, 205(j), 205(g)) applications to ensure .EPA Operating Guidance and Strategic Planning and Management System activities are addressed, and that priorities are addressed. 0 Assist states in the development, implementation, evaluation and updating of State Nonpoint Source Management programs and strategies. 0 Review progress of computerization of 208 document bibliography. * Develop data management system for nonpo'int source assessments/activities. 0 Review of state water quality management plan updates addressing nonpoint sources of pollution. fc'S K * Periodic EPA/USDA/State meetings serve as the principal tracking mechanism for NPS Strategy implementation, including agricultural agency activities/outputs. - 5 - ------- New Activities (FY 87} 0 Integrate NFS program with aquifer management program. 0 Cooperate with Headquarters in its evaluation of the effectiveness of erosion control requirements in the construction grants program. 0 Work with Federal and State Highway/Water Quality officials on construction, deicing materials and other highway road runoff issues. 0 Organize workshops on urban runoff stormwater problems and control measures, beginning with EPA staff discussion. 0 Assist in the development of stormwater runoff permits. - 6 - ------- NPS Strategy For Region Ill/Chesapeake Ray FY 1936-1987 PREAMBLE * In 1984 EPA created a National Nonpoint Source Task Force which present- ed to the Administrator a recommended National Nonpoint Source Policy in December of 1984. The objective of the Policy is to support and accelerate the development and implementation of Nonpoint Source (NPS) management programs. The Pol'icy outlines the responsibilities for the different levels of government and the private sector in managing these NPS programs. The Policy notes that EPA, as directed by the Clean Water Act, will serve as the lead agency in coordinating interagency and State actions for the management of the NPS programs. One year prior to these actions, an agreement on the restoration of Chesapeake Bay was signed by the Governors of Pennsylvania, Maryland, Virginia, the Mayor of District of.Columbia and the Administrator of EPA. This agreement established EPA in a leadership and coordination role among Federal agencies working with the District of Columbia and the States in implementing programs to correct NPS problems affecting the Bay. Objective: The ultimate objective of this strategy is to reduce, to an acceptable level, NPS pollutants entering the water resources of Region III. This will be accomplished by the implementation of Best Management Practices {BMPs} on rural, urban and suburban lands within the Region. While all lands produce some level of pollutant discharge, not all lands need corrective BMPs at this time. Therefore, only those land areas that have been identified as high producers of NPS pollutants that impact waters of the Region are targeted to receive NPS control programs. Problem; There have been many studies over the past decade which have singled out NPS as a major source of pollution in many water bodies. The early 208 studies were the first state-wide efforts to quantify the NPS problems at the state level. The EPA funded study of Chesapeake Bay indicated that a large portion of the nutrients entering the Bay came from NPS and were transported to the Bay in the normal manner, that is with storm flows. However, it also indicated that large -amounts of the soluble pollutants move either into the ground water or into shallow water tables and were discharged into the streams and move into the Bay as part of the base flow. More recent studies such as the State 305(b) reports provide the basic information regarding the total water quality problem in each State. The recently completed ASIWPCA NPS Assessement Project provides some indication of the extent of the NPS problem facing . each State. While many of these data cannot be combined directly, they do provide EPA and the States with a clear understanding of the magnitude of the NPS problems in the Region. ' ------- Response-States: All five States and the District of Columbia have programs that address areas of NFS pollution control and four States have active cost share programs to help with the agricultural portion of the problem. These programs are most active in those States that signed the Chesapeake Bay Agreement in December of 1983. In all cases the MRS programs operated by the States have identified priority watersheds based on receiving water quality and/or potential of the watershed to del lever pollutants and are concentrating their efforts and funds in these watersheds. Further targeting efforts are being used and tested within the priority watersheds, with the expectation that NPS programs will be able to target actual critical acres within a farm or a neighborhood for implementation of BMPs in the near future. Response-Regional; The Region is providing, the leadership for many of the concepts that are being used in the state programs, and assuming a coordination role with. all Federal and State agencies-within the Region. The Region has strongly urged USDA Agencies to utilize their existing programs to address NPS problems. USDA has been very responsive to this and the 1985 Farm Bill provides several programs that can help with NPS problems. Many Agencies such as SCS and CES have provided technical assistance for the development of farm plans and educational programs to support the plans. These are but a few examples of the cooperation given to EPA and the States by not just USDA, but by many Federal Agencies that have programs that can be of assistance in solving the NPS problems in the Region. Coordination with Federal Agencies; Based on its responsibilities and authorities under the Clean Water Act and the 1983 Chesapeake Bay Agreement, the Region has the lead role for coordinating Federal activities in the management of NPS water pollution control efforts. In FY 1986-1987, The Region will increase its coordina- tion efforts with Federal Agencies to assure maximum use of existing federal programs to accomplish NPS control objectives within Chesapeake Bay and Region III. Region III Action The Region will continue to provide the leadership and staff support necessary for the continued activities of the Federal/ State/Local programs for the restoration of Chesapeake Bay and all•waters of the Region. The Region will continue to work within existing memoranda of understanding (MOUs) between EPA and six other Federal agencies and will try to develop new MOUs with other key agencies to ensure a fully coordinated effort to control NPS within the Region. Target Date ongoing ongoing ------- The Region will continue to work with USDA ongoing to assure the maximum NPS control results from implementation of the new Farm Bill and the existing base farm programs. The Region will continue to encourage the ongoing use of inter-governmental personnel assign- ments, allowing professionals from other Federal, State and local agencies to he assigned to EPA offices or vice versa. • Problem Assessment: The Region will work with all jurisdictions to help identify water quality problems, sources of pollutants and the necessary control programs to solve the water quality problems. In the Chesapeake Bay, EPA will continue to operate the Chesapeake Bay Liaison Office (CBLO) with its computer for all agencies working in the Bay program, Models and the data to drive them are being maintained and used by CBLO to better define the NPS problems within the Bay drainage area. Region III Action CBLO will update the land use data for the Chesapeake Bay watershed model and will begin to run the model to refine the location of NPS problem areas. Also, other NPS runoff models will be installed on the computer for use in the smaller subwatersheds in the basin. The Region will encourage the States to utilize all possible funding sources to obtain monitoring data for the quantifica- tion of NPS impacts on the waters of the Region. The ground water studies conducted by or for EPA within the Region are being structured to investigate NPS inputs into the ground water system. The Region will review the priority water body information and the priority watershed locations to assure that NPS is being con- sidered in the proper perspective and that management programs are in place or are being proposed where necessary. The Region will work with the States and the appropriate Federal agencies to ident- ify those mining and oil production areas that are causing water quality problems. Target Date 2/87 ongoing ongoing annually ongoing ------- Monitoring andData Evaluation: Region III Action The Region is assisting in the evaluation of selected STORET water quality stations for use as NPS baseline stations. Current STORET and pilot NPS stations will be used along with data from RCWP and certain research data to calibrate the NPS models used in the C8LO. Pilot watershed monitoring will continue to be a requirement of EPA for implement- ation funding within the Bay program. Target Date 10/86 ongoing The CBLO will continue to integrate all ongoing other activities of the Region, Headquarters Office of'Water and R&D into the monitoring, special studies and evaluation activities for the Bay and will ensure that the find- ings are utilized throughout the Region, not just within the Bay drainage area. Program Implementation; The Region will continue to encourage the cooperation of all other government agencies in addressing NPS management with their ongoing programs. This can be done by considering NPS and how it can be inte- grated within existing programs and budgets. The States within the Chesapeake Bay watershed already have NPS management programs and are using similar programs in areas outside the Bay. The most fully developed of these programs are those that deal with agriculture. Urban control programs are, in some cases, still being developed or redefined because some states do not have the necessary legislation to fully address the problem. Since, urban NPS programs do not qualify for cost sharing like the agricultural programs do, they are regulatory in nature, requiring more field staff time and a different educational effort. All of these factors are taken into account as the Region works to develop a strong technical transfer program centered around the information and experiences gained from work done in the Bay program for urban NPS. EPA's Clean Lakes Program and USOA's PL 566 Water Quality Projects are examples of program funding being used to address specific area NPS water quality problems. In all NPS programs every effort is being made to ensure that funds are targeted to get the maximum amount of NPS control for the funds spent over the long term. ------- Target Date ongoing 1991 Program Planning, Development, and Implementation: Region III Action The Region will continue to encourage the States to utilize all existing EPA grant source to address NFS problems at both the state wide program level and the project level. Increased use of 106 and 205(j) fund for NFS studies and Clean Lakes grants for specific projects are examples of what can be accomplished within existing authoriza- tions. NPS coordinator will continue to serve on the Technical Subcommittee of the National Coordinating Committee for the Rural Clean Water Program (RCWP) and on the State Coordinating Committees for the three RCWP projects in the Region. The CBLO will continue to manage the Imple- mentation Grant funds for the Chesapeake Bay and to develop Phase II plans for the Bay. The Region will use the information developed for the Bay in the remainder of the Region to develop new NPS programs that are tailored to the specific needs of an area and that are as aggressive as the ones for the Bay. Program integration within the Region FY 37 and cooperation with other agencies will assure that NPS programs are coordinated with ground water projects, toxics studies, and the educational programs of the States and Universities within the Region. Program Evaluation and Oversight: Region III and CBLO are charged with the management of the entire Chesapeake Bay Program and are constantly evaluating the progress that is being made on the Bay. Since the majority of the funds are for NPS implementation'there are several oversight and evaluation systems in operation. There is a tracking system for installed BMPs, there are monthly evaluations of grant progress and quarterly reviews of each implementation grant. The CBLO also tracks the programs and the progress being made by other agencies in the Bay area as they work on NPS and related programs. These tracking and evaluation systems are to be expanded to cover the entire Region as they prove effective for the Bay program. ongoing FY 87 ------- Region III Action Region III will respond to the specific NPS items in the Strategic Planning and Management System and the CB management goals. Target Date FY 86 & 87 The CBLO tracks the implementation progress of the grants and evaluates that progress, and recommends changes as needed. • Projections are made regarding the overall effectiveness of the NPS implementation in the Bay drainage area, using both state and federal data. Estimates of pollution load reductions by subwatershed are calculated for each priority area in the basin. CBLO staffs the NPS subcommittee for the Bay to ensure that the necessary technical transfer is being accomplished among the action agencies in the Bay. The subcommittee advises the Implementation Committee on all items relating to NPS and makes recommenda- tions for necessary action regarding NPS. The Region will evaluate and integrate the experiences of the States and the Bay program as work progresses .to solve NPS problems and use these results to refine and correct the NPS Strategy for the Region. quarterly semi annually ongoing ongoing ------- REGION IV FY 1986-1987 NONPOINT SOURCE STRATEGY The U.S. Environmental Protection Agency's (EPA's) Region IV FY'86-'87 Nonpoint Source (NPS) Strategy describes the activities which make up the Region's plan for addressing NPS water pollution. This Strategy is intended to expand the Region's NPS management efforts by building on the work already done by EPA and other Federal, state, areawide and local agencies. The Strategy emphasizes increased coordination and joint efforts with other Federal agencies. It also encourages the eight Region TV states to identify priority NPS problems and target their efforts in priority watersheds and groundwater recharge and high use areas. Finally, the Regional Strategy will increase the integration of NPS management into all of its programs. The Region IV NPS FY'86-'87 Strategy is guided by the Agencywide NPS Strategy and National NPS Policy while focusing on Regional needs. The following sections identify the five major objectives of the Strategy and the activities and targeted dates which are needed to meet these objectives. I. MORE FULLY UTILIZE EXISTING RESOURCES Region IV will encourage the increased use of existing resources to address NFS management needs. Bnphasis will be placed on cooperative efforts with other Federal agencies including the Tennessee Valley Authority (TVA) as well as with the states, areawide and local agencies and with a variety of EPA programs including the Office of Research and Development (ORD). Activityi 1. Increase coordination with USDA through cooperative efforts with the Soil Conservation Service (SCS), the Cooperative Extension Service (CES), the Agricultural Stabilization and Conservation Service (ASCS), and the Forest Service. o Institute an SCS 'detail to Region IV to work on agricultural NPS management. o Participate in the Sand Mountain-Lake Guntersville water quality project in the State of Alabama. o Use the SCS \slide-tape show on water quality for education in Region IV. o Work with SCS and ASCS to incorporate water quality goals in the implementation of the "Conservation Reserve Program" created by the 1985 Farm Bill. o Review Forest Service's Forest Plans for nonpoint source/water quality concerns Target Date; FY'86 FY'86-'87 FY'87 FT 86-87 Ongoing ------- ;>;? -A' s SvS 33 :k*2 ae^ ^r* r--;-l '^- Si. "-J* ia |;<§ 13 *•** 2. Increase coordination with TVA through cooperative efforts, o Participate in the Land and Water 201 Project in- Ongoing eluding serving on various committees. The Regional Administrator is a member of the Steering Committee. o Institute an EPA, Region IV detail to work on the EY'86 Land and Water 201 project. o Develop additional cooperative efforts with TJb. FY'86 in NFS management with emphasis on demonstration. 3. Increase coordination with other Federal Agencies (e.g. DOI, DOE, DOD) regarding NPS concerns. o Visit federal facilities {DOE, DOT, etc) to identify FY'87 successful NPS programs to use as demonstrations. 4. work cooperatively with a variety of EPA Regional programs to integrate NPS concerns. o Incorporate NPS research needs into Region IV EPA's Ongoing ORD priority list. o Include NPS monitoring in the Regional Surface Water FY'87 Monitoring Guidance. Guidance o Work with Regional and state permit writers to FY'87 incorporate NPS BMP's where appropriate in NPDES permits. o Encourage increased use of Section 106, 205(j) and FY'87 314 CWA funds in NPS management. Guidance II. INCREASE STATE NPS CONTROL EFFORTS EPA will work with the eight Region IV states to develop or improve state NPS management programs. The states will be encouraged to use the whole range of implementation tools to manage their NPS problems (e.g. education, techincal assistance, cost sharing, regulation, demonstration, etc). EPA will continue to assist states in this effort. 1. Work with the Region IV states on NPS strategy • development and implementation. 2. Provide technical support and guidance to the states and local programs in their efforts to solve surface and groundwater NPS problems. 3. Encourage the six states in the Land and Water 201 Project area to actively participate in the project. FY'87 Ongoing Ongoing ------- -3- 4. Include in the list of suggested grant eligible FY'87 activities for the Section 106 groundwater grant Guidance the identification and management of NFS problems. 5. Encourage states to develop incentive programs Ongoing including cost sharing. 6. Encourage states to support the protection of wetlands Ongoing through work identified in state program work plans. 7. Encourage states to develop or improve erosion and Ongoing sedimentation control programs at state and local levels. III. FOCUS ON PRIORITY NPS PROJECTS Special emphasis will be given to environmentally sensitive geographical areas which are impacted by NFS pollution. States will be encouraged to identify priorities for NFS management planning and implementation .activities. 1. States will be encouraged to identify priority surface FY'87 water bodies and groundwater for NFS controls in order to increase program effectiveness. 2. Special attention will be given to lakes, estuaries Ongoing and vulnerable water supply aquifers within Region IV as sensitive areas for NFS controls. 3. Participate in the National Estuary Program project on FY'86-87 Albemarle and Pamlico Sounds in North Carolina to protect and restore water quality and aquatic resources. 4. Identify areas requiring NFS controls to protect advanced EY'87 treatment (AT) investments. 6. Work through the Land and Water 201 Project to identify Ongoing priority watersheds in the TVA service area. IV. IMPROVE REPORTING AND ASSESSMENT For grant performance accountability and to keep decision makers and the public better informed and increase awareness of NFS management problems and progress, better reporting by the States and Region IV is essential. Also, improved assessment of NPS management needs is necessary for long- term program planning. 1. Work with states to improve reporting of NPS problems in Section 305(b) Water Quality Reports. FY'88 Report Guidance ------- -4- 2. Prepare a summary of information in the ASIWPCA and FY'87 305(b) reports on water quality and NPS for Region IV. 3. Work with states and federal agencies to establish Ongoing baseline monitoring capability. 4. Establish a long-term monitoring strategy for surface FY'87 water and groundwater consistent with Agency monitoring strategies. V. INCREASE INFORMATION TRANSFER The transfer of information on NFS control technology, success stories, and institutional experiences is essential in maintaining efficient NPS management programs in all levels of government. 1. Hold a Regional NPS Conference to exchange ideas and FY'87 experiences between all government agencies, organizations, and others Involved in NPS control. 2. Recognize outstanding NPS projects as "showcase* projects FY'87 to serve as models. 3. Report to Region TV states on incentive programs nation- PY'87 wide. ' . 4. Collect resource material on NPS for use by Region IV Ongoing staff and states. 5. Provide information on state erosion/sedimentation FY'87 control practices to Region IV states. ------- REGION V NONPOINT SOURCE FY 1986-1987 STRATEGY Objective: Develop a program, complete with work plans, based upon coordination within the U.S. Environmental Protection Agency (USEPA), and among other Federal agencies, States/local entities, and with the public to implement the National Nonpoint Source (NPS) Policy and Strategy in Region V. Within Region V, NPS activities are carried out under the framework of three Environmental Management Reports; these are: NPS Runoff to Water, Protec- tion of Water Quality in Inland Lakes and Great Lakes' Areas of Concern, as well as the Great Lakes National Program Office Five Year Strategy and annual work plans. In particular, Region V will give special attention to gaps and opportunities in controlling urban runoff, agricultural chemicals (including toxics), and agricultural land management, especially with respect to ground water protection and lake restoration/protection. Carry out prototype projects to focus NPS measures on environmentally sensitive geographic areas, lake watersheds and critical wetlands. Activities: 1. Promote and carry out Regional strategy within USEPA, with States/local entities, and with the public. The strategy will be further refined and modified to reflect provisions of the Clean Water Act Reauthorization. 2. Work with all the States to develop, refine, or update State NPS Management Programs/Strategies including implementation steps, . priorities, responsibilities, funding, and supporting Federal Actions. 0 Incorporate Regional NPS priorities for NPS strategy in guidance and reviews for State program grants [106, 205{j), 205(g) and for Water Quality Management (WQM) Activities 303(e) and 305(b)]. 0 Evaluate State progress and needs during Mid-Year and End-of-Year Reviews. 0 Evaluate and assist States to strengthen 305(b)/ASIWPCA NPS Assessments. 0 Incorporate NPS considerations into State Lake Classification Systems. 0 Continue tributary monitoring to assess agricultural NPS toxicant loadings. 0 Continue to provide technical assistance to the States, as needed. 0 Incorporate Phosphorus Plans into State WQM Plans. 0 Incorporate Remedial Action Plans for Great Lakes Area of concern into the State WQMs. ------- -2- 3. Arrange Federal agency assistance to meet State needs and carry out NPS strategy: 0 Continue to participate in, and follow-up on, State-by-State U.S. Department of Agriculture (USDA) Conservation Review Group Meetings. 0 Evaluate and assist the Region's four Rural Clean Water Projects (RCWP), Small Watershed Program Land Treatment Projects (PL 566), and special Agricultural Conservation Program (ACP) Projects as requested. - Annual reviews of RCWP - 1986, 1987 - Cosponsor the RCWP Workshop - July 1987 0 Coordinate NPS activities with Clean Lakes, wetlands activities (Section 404), Great Lakes National Program Office funded special projects, and ground water programs. 0 Complete NPS components of the Upper Connecting Channel Study (USEPA, Michigan, Canada). 0 Work with the States and USDA on implementation of the sodbuster, swampbuster and conservation easement provisions of the 1985 Farm Bill. • . 0 Work with the National Association of State Departments of Agriculture to complete their NPS project - 4/86 to 10/87. 0 Work with ACP on cost-sharing priorities for water quality. 0 Work with the States and USDA to implement the Conservation Reserve Program under the 1985 Farm Bill. Evaluate impacts upon water quality after each sign-up period and seek necessary changes in guidance to include consideration of water quality criteria. 0 Involve Cooperative Extension Service (CES) in water quality NPS education efforts. Enhance the role of CES in NPS control efforts through the CES liaison effort. 0 Continue to monitor and provide assistance as requested in the Soil . Conservation Service (SCS) Water Quality Training Program. 4. Co-sponsor an annual policy and technical workshop to meet States' NPS needs as identified during Mid-Year Reviews and in 305(b)/ASlWPCA Assessment. (Illinois - 10/1985, Minnesota - 8/1986, Wisconsin -• 9/1987) 5. Continue information exchange and dissemination (technical transfer) process. ------- -3- 6. Develop prototype NPS programs as part of Clean Lakes program. 0 Develop prototype urban runoff, and agricultural NPS control project for a priority lake. 7. Continue implementation of State Phosphorus Plans as required by Annex III. Revise and/or update State Phosphorus Plans as appropriate. (Michigan, Ohio, Indiana) 8. Complete or continue agricultural Clean Lakes projects with joint SCS/ ACP funding. 9. Identify and predesignate wetlands that protect priority waters from NPS runoff or seepage under Section 404(c) or Advance Identification of Disposal Sites Program. 10. Incorporate NPS controls in Sole Source Aquifer Protection program. 0 Implement Agrichemical/Ground Water Study. 0 Provide assistance to the Central Sands Ground Water Project. 0 Integrate Agrichemical Use Study with the Ground Water Program. 11. Provide technical assistance and management support to two States by developing a point/nonpoint project in each State. 12. Develop computerized data base for NPS problem areas and implementation projects. (1987) 13. Revise the appropriate EMRs to reflect the new provisions in the Clean Water Act. 14. Review and strengthen NPS protection programs on Federal Installations under Executive Order 12088. 15. Evaluate NPS impacts and proposed preventive measures in the course of Environmental Reviews under NEPA. 16. Evaluate institutional arrangements and propose necessary changes to anticipate cumulative impact of development on water quality, including meeting antidegradation requirements and policy on BMP's Water Quality Standards. (SAM-32) 17. Incorporate NPS issues and efforts into the In-Place Pollutant Work Group activities. 18. Incorporate NPS concerns and issues in EPA's review of COE's public notices on Section 404 discharges into wetlands; EPA will work with SCS and State Associations of Conservation Districts to emphasize the importance of wetland preservation and to ensure proper implementation of Section 404. ------- -4- 19. Assist Headquarters in the development of a data base which identifies waters not impacted by point sources and possibly impacted by nonpoint sources. Stream data base - 1986 Lake and gound-water date bases - 1987. ------- Region 6 FY 86-87 NPS Strategy Coordination with Federal Agencies Activity 0 Coordinate with USDA through cooperative efforts with the Soil Conservation Service (SCS), the Cooperative Extension Service, (CES), the Agricultural Stabilization and Conservation Service (ASCS), and the Forest Service. 0 Develop an Intergovernmental Personnel Assignment Agreement with SCS and acquire an SCS detail to Region 6 to work on agricultural NPS Management programs. 0 Develop an information network between the Federal Agencies involved in NPS activities and the State Water Quality Management (WQM) agencies in Region 6. 0 Work with SCS and ASCS to incorporate water quality goals in the implementation of the "Conservation Reserve Program (CRP)" created by the 1985 Farm Bill. Work with the State WQM agencies to develop NPS monitoring programs on streams where significant participation in the CRP occurs. 0 Review Forest Services Forest Plans for NPS/water quality concerns. 0 Evaluate the progress of the Louisiana RCWP project in Bayou Bonne Idee. 0 Review NPS Programs included in Federal Facilities Pollution Control Plans required under Section 313 of the Clean Water Act. 0 Attend and participate in meetings held by other Federal Agencies and EPA Headquarters and other Regions concerning NPS activities. 0 Coordinate with other Federal Agencies (e.g. noi, DOE, DOH) regarding NPS concerns. 0 Visit Federal Facilities to identify successful NPS programs. Problem Assessment Activity 0 Evaluate the 1986 305(b) Reports with regard to NPS data for all States in Region 6 and work with the States to update and improve the ASWIPCA NPS Assessment. Target Date FY 86-87 FY 86 FY 87 FY 87 Ongoing FY 87 FY 86-87 Ongoing Ongoing FY 87 Target Date FY 86-87 ------- Problem Assessment (continued) Activity 0 Encourage the States to continue to Identify and assess the surface and water quality Impacts of NPS pollutants. 0 Encourage the States to continue to Improve their reporting and documentation of NPS problems. 0 Continue Regional oversight activities for the Illinois River, Trinity River and Houston Ship Channel NPS assessment studies. 0 Continue to evaluate before and.after data from completed Clean Lakes Studies. 0 Continue to work with grantees on the development of NPS monitoring programs and evaluate NPS assessment reports developed by the grantees. 0 Transmit National NPS related data and information to the State NPS planning agencies for their use and information. Program Implementation Target Date FY Hfi-87 Ongoing Ongoing Ongoing Ongoing Ongoing Activity 0 Continue to encourage Region 6 State, Areawide and local agencies to develop NPS management programs for waters being impacted by NPS pollution. 0 Work with USDA's ASCS in Region 6 to evaluate special projects involving water quality in their Agricultural Conservation Program (ACP). 0 Request States to evaluate and update their NPS Management Programs and NPS Designated Management Agencies and amend their Water Quality Management Plans where appropriate. ';' V 0 Provide guidance and assistance to States and other agencies for developing and implementing effective NPS Management Programs. 0 Assure States develop methods to implement their anti- degradation policies with regard to NPS. 0 Encourage NPS planning agencies to develop incentive programs to implement NPS controls. 0 Provide technical assistance to NPS planning agencies in assessing NPS problems and developing controls. Target Date Ongoing Ongoing FY fifi-R7 Ongoing FY 86 Ongoing Ongoing -2- ------- Program Implementation (Continued) Activity 0 Encourage NPS planning agencies and Designated Management Agencies to track the implementation of NPS controls and evaluate their effectiveness. Target Date Ongoing Serve as a clearinghouse for NPS information developed by Ongoing Region 6 NPS planning agencies and make the reports and data available to other interested agencies within the Region. 0 Develop Regional Strategy to implement NPS provisions in Revised Clean Water Act. 0 Assess the feasibility of implementing NPS/point source trade-offs in selected NPDF.S permitting situations. Resources Activity 0 Continue to encourage States to use Clean Water Act resources under Sections 104, 106, 208, 205, and 314 to address NPS problems. 0 Continue to encourage the States to work with other State and Federal agencies to increase their capability to address NPS problems. Program E v a1u at ion and 0yersight Activity 0 Evaluate States' progress toward meeting the goals of the CWA with regard to NPS water quality problems. 0 Evaluate the grantees' performance in meeting all NPS related commitments in approved workplans. * Transmit results of evaluations to the grantees and develop corrective action plans to address shortfalls. FY FY 87 Target Date FY 86-87 Ongoing Target Date Ongoing Ongoing Ongoing -3- ------- ------- REGION VII NPS STRATEGY AND WORKPLAN March 1986 Environmental Problem Description; » At the present time, this Region believes that there are NPS water quality problems or a potential for problems in the following types of waterbodies or areas: 1. firoundwater in shallow aquifers - occurrence of nitrates and pesticides in many areas of Region. 2. Reservoirs and natural lakes - sediment, pesticides, nutrients leading to aesthetic problems, accelerated eutrophication, and fish flesh contamination throughout the Region. 3. High quality coldwater streams - sediment deposition modifying stream beds and creating aesthetic impairments and fish population reductions (trout streams in Nebraska Sandhills, as example). 4. Warmwater streams where significant use impacts are observed due to sediment and pesticides. The predominant NPS problems in the Region are from agricultural operations. However, fish flesh contamination due to chlordane in urban runoff is becoming a significant localized use impact on some urban lakes and rivers. Also, very- localized water quality impacts occur due to past mining operations in some parts of the Region. At the present time, these problems are generally not considered to be immediate public health dangers, but appear to represent a long range threat to aquatic life and traditional groundwater uses. Examples of concern are the contamination of fish due to pesticide use and detections of pesticides and inorganics in some water supplies. NPS parameters do not lend themselves to conventional monitoring to assess the extent of problems, nor are criteria always available to judge the severity of some chemical's impacts, but both the Region and states need to continue to pursue identification of problems and target areas for controls based on present knowledge of biological and chemical water quality conditions. Background; Past state program efforts through CWA Section 208 have identified some geographic areas of concern but they were primarily based on an assessment of land conditions (i.e., erosion) and not stream conditions or groundwater concerns, The priorities of the current 205(j) and 106 funded programs are to identify water quality problems due to NPS and prioritize watersheds for controls. ------- -2- EPA has a relatively small Section 3W Clean Lakes program to provide direct implementation funding for BMPs. In addition, we encourage the use of existing Department of Agriculture program funding, state cost-share funding, and land- owner funding to implement Best Management Practices (BMPs) in priority watersheds. A key component of any control program funding is the targeting concept whereby any funding is aimed at specific watersheds with specific problems. Other "options" are available in current national and state costshare programs to increase the effectiveness of these programs for specific watershed controls and these options should be fully utilized in the future. Some examples of coordinated watershed project implementation already exist in the Region (i.e., RCWP and Clean Lakes projects) and can be used as models. Iowa, for example, has developed an extensively coordinated proposal to address NPS ground- water problems in the Big Spring area of northeast Iowa which combines monitoring, implementation and evaluation activity. Regional Work Activity: A Regional goal is for each state to identify two to three watersheds need- ing BMP implementation assistance and begin implementation in those watersheds each year. This identification effort would come after the state has analyzed the stream segments having water quality impacts and prioritized the various point and nonpoint source problems.. . A parallel effort to refine problem or impact assessment for continued identification of priority watersheds should continue each year along with specific planning' for watershed controls. These concepts for developing a state NPS management program are shown in Attachment A. Individual state programs will be negotiated during SEA and 205(j) workplan development. The Regional role in this effort will be in four main areas: 1. General Coordination - communication and information transfer among all agencies. a. Routine NPS meetings to share information with state and Federal agri- cultural agencies. b. Information transfer of "good" approaches and concepts of other states. c. Policy and direction communication to state environmental agencies. 2. Problem Assessment Assistance - professional staff assistance for problem identification. a. Review and transfer of Headquarters initiatives to develop additional pesticide criteria for aquatic life and human health protection. b. Devote staff resources to current state-of-art water quality assessment techniques. c. Analysis of STORET and other water quality data with objective of docu- menting the impact and trends of NPS pollution. ------- -3- 3. Program Implementation a. Maintain coordination with Federal agricultural agencies with implemen- tation programs. b. Focus future awards of EPA Clean Lakes funds on projects involving water- shed BMPs. c. Contact interest groups, such as LICA, to develop innovative implementa- tion solutions. 4. Evaluation and Oversight - review of current program effectiveness through quarterly visits and mid-year reviews. a. Assess technical program adequacy. b. Evaluate implementation progress in specific watersheds. Activities in these areas will be primarily conducted through the Planning and Analysis Section Chief and state planning coordinators with management - attention handled by Water Compliance Branch Chief and Water Management Division Director, as necessary. Office of Research and Development and Environmental Services Division, as well as Office of Groundwater staff may also be called upon for specific technical assistance. A NPS coordinator to focus overall Regional efforts will either remain assigned to a planning coordinator or reassigned to a full time position. Technical assistance in the form of under- standing NPS impacts on stream uses and the day-to-day coordination of the many agencies Tnvolved are two potential needs of current Regional and state programs. Attention to these needs during the fiscal year is required if the Region and the states are to increase their abilities in controlling NPS pollution. A -specific effort to identify-opportunities in any authorized CWA program will also be required if such authorization occurs. ------- .4- REGIONAL NPS WORKPLAN ACTIVITIES FOR FY-86 Date Activity (Agency involved) ' 10-21 "Plant Nutrient Use and the Environment" symposium sponsored by The 23 Fertilizer Institute, Kansas City, Missouri 11-1 Outline of state FY-86 305(b) report due - should include NPS element (state environmental agencies) 11-15 Review of ASIWPCA NPS Assessments national and regional summary (EPA) Participate in development and review of annual RCWP reports (Iowa, Kansas, Nebraska) (all) 12-1 Identification of waters not fully supporting designated uses due to NPS (state environmental agencies) 12-31 List of high priority watersheds requiring implementation (state environ- mental agencies depending on SEA negotiations) 1-17 Clean Lakes project candidates requiring watershed 8MPs due to Regional Office. State agencies responsible for Clean Lakes may want to conduct Phase.I studies with own funds in order to enhance priorities 2-15 Discuss current ACP program status with USDA and state agencies (EPA) 3-15 Ofstribution of current Regional NPS strategy to all agencies (EPA). 3-15 Examine need for fish tissue pesticide monitoring depending on fall sampling results (EPA and state environmental agencies) 3-28 Prepare for HO mid-year;review of NPS programs and progress (EPA) 4-1 FY-86 305(b) reports due with identification of NPS problems (state environmental agencies) 5-1 Start FY-87 negotiations on state work programs to include specific NPS . outputs on a watershed basis (EPA and state environmental agencies) 5-15 to Site visits to all RCWP, Clean Lakels, and other watershed implementation 7-15 areas (EPA) 9-15 Report on implementation progress and status of NPS management program through State EPA Agreement (state environmental agencies depending on SEA negotiations) 9-30 Commitments for FY-87 NPS work in place for all states via state environ- mental agency workplans ------- -5- MOOEL STATE NPS MANAGEMENT PROGRAM I. DESIGNATE PRIORITY WATER BODIES A. Each, year identify those wates within State boundaries that are not supporting designated uses and those currently meeting designated uses but which are likely to be impacted in the future. 8. Select those waters where future action is needed to manage nonpoint sources of pollution (rank water bodies and watersheds). C. Target implementation efforts on priority water bodies, including both surface waters and ground water. D. Potential criteria for selecting priority or targeted watersheds. 1. Nonpoint sources contribute significantly to the impairment of a designated use or prevent the receiving water from meeting a water quality standard, or nonpoint sources will in the future prevent a designated use or achievement of a water quality standard. 2. Nonpoint sources are largely controllable, i.e., not background. 3. NPS BMPs are available and feasible. II. IDENTIFY MAJOR TYPES OF NONPOINT SOURCES AND BEST MANAGEMENT PRACTICES A. Designate the general categories or subcategories of nonpoint sources of pollutants or, where appropriate, specific nonpoint sources that contribute significant pollutant loadings to the water identified above. B. Identify best management practices (BMPs) that would reduce pollution resulting from each category, subcategory, or particular nonpoint source designated above. III. WATERSHED PLANNING A. States should lead development of watershed-based NPS implementation programs for selected priority water bodies. For selected individual watershed projects, a single design plan should be developed which includes the following elements: 1. Water quality goals established by variable, e.g., reduce BOD by 20%, re-establish the native trout fishery; 2. A watershed inventory to characterize categories of pollutant sources, individual sources of NPS loadings (including if possible magnitude of sources), and impact of each source on the receiving water body; ------- -6- 3. Estimated load reductions needed to achieve water quality goal(s); 4. Alternative BMPs available to reduce pollution resulting from each category, subcategory, or particular nonpoint source identified in the watershed; 5. Ranking of individual nonpoint sources or areas within the watershed t as to their priority for installation of BMPs; 6. Total BMP needs and estimated costs for the watershed project; 7. A monitoring and evaluation program to evaluate progress against watershed project goals and objectives; and 8. Roles and responsibilities of agencies involved in the watershed project. IV. DEFINE AGENCY ROLES AND AUTHORITIES IN OVERRALL PROGRAM PLAN A. The environmental agency may not actually conduct all of the detailed watershed planning but will be considered responsible for defining the overall program and coordinating implementation and management activity to insure water quality improvement or maintenance. B. A written summary of roles and responsibilities of all involved agencies at all phases of the NPS program should be developed and included in the CPP, as well as individual watershed plans. V; EVALUATE RESULTS - A. Assess progress against program objectives and include water quality monitoring results and review of BMP implementation and maintenance in program reviews and in State Section 305(b) reports. B. Use results of evaluations to improve targeting efforts and other program components. ------- JUL 11 19S6 EPA REGION VIII FY 1986-87 NONPOINT SOURCE STRATEGY BACKGROUND This Nonpoint Source (NPS) Strategy for EPA Region VIII has been developed - based on the National EPA Nonpoint Strategy as adapted to Region VIII needs. It follows the format of the national strategy. Inter-regional (EPA) and intra-regional activities have been added, with special emphasis on supporting coordination between other Federal agencies and their respective State water quality agencies. The scope of the future Region VIII NPS program will be a direct function of congressional activity presently under way. This Regional NPS Strategy is based on existing resource availability to implement those elements of the EPA National Strategy which are of highest Regional priority in managing for environmental results. Individual State components of this strategy will appear, as negotiated, in each State's FY'86 and FY'87 State/EPA Agreement. These negotiations are in progress with three to be completed by July 1, and the other three by October 1, of each year. Those elements of the EPA National Strategy most applicable to Region VII! state programs were extracted, adapted to the Region, and provided to the States in the form of State/EPA Agreement Guidance. In Region VIII, the program is first 'focusing on agriculture, since it is the most serious problem and the one for which Best Management Practices (BMPs) are most available. Silviculture problems are occurring for which BMPs are known, but implementation procedures for watersheds with multiple ownership are not yet developed. There has been significant Regional involvement in working with the Forest Service to develop silviculture BMPs and monitoring programs. Mining BMPs are not yet well developed and Colorado and Montana indicate mining as their major NPS problem. A mine drainage BMP pilot project is being considered for Peru Creek in Colorado. Construction NPS is ready for control, but urban runoff cost-effectiveness is still under study nationally. The national stormwater permitting program is still under study. Federal lands compliance with nonpoint source control is a priority activity in Region VIII. The major sources of pollution from Federal lands are logging roads, overgrazing, mining, and oil and gas exploration. The lands involved are primarily those of the U.S. Forest Service and Bureau of Land Management (BLM). The scope of the size of the Federal lands issue is illustrated by the fact that of the total area in the Region VIII (372.2 million acres (MA)), about 322 (120.5 MA) is Federal lands. The total area of the Region is larger than that of EPA Regions I, II, III, and V combined, (361 MA) and the Federal lands share alone is almost as large as the total area of EPA Regions I, II, and III combined (153 MA). Region VIII deals with 3 Regional Forest Service Offices, 28 National Forests, 6 BLM State Offices and 17 BLM Districts. Assuring NPS compliance through Forest Plans and BLM Resource Management Plans is therefore a major activity. ------- The overall Region VIII NPS strategy Is to support each State to the maximum extent utilizing existing resources to implement State and national goals and the National NPS Policy. State and EPA outputs and milestones to achieve these strategies are outlined in each State/EPA Agreement document. The major focus will be on lands managed by the Forest Service and Bureau of Land Management, and on agricultural programs provided by the Soil Conservation Service, the Agricultural Stabilization and Conservation Service and the Extension Service. The Regional strategy is to work for closer cooperation between each State and their respective Federal land management agencies to resolve issues and to support each Federal agency in implementing their own strategy. Urban Construction Strategies are being deferred awaiting completion of the National Urban Runoff Project reports. Major leadership for urban/construction sources is presently being provided by several areawides through 205(j) funding and Clean Lakes projects. A phosphorous control program for urban runoff into Cherry Creek Reservoir is being implemented by the Cherry Creek Basin Authority. Regional NPS Strategies have been prepared for the major NPS source categories of agriculture, grazing, and silviculture. Development of a urban and mining source strategies will have to await availability of resources and cost effective BMPs. -2- ------- COORDINATION WITH FEDERAL AGENCIES Based on its responsibilities and authorities under the Clean Water Act, EPA has the lead Federal agency role for facilitating and coordinating Federal consistency in the management of NPS water pollution. In FY 1986-1987, Region VIII will emphasize increased interaction with Federal agencies to assure maximum use of existing Federal programs to accomplish NPS management objectives. Following are some of the specific activities Region VIII will undertake in FY 1986-1987 and beyond to coordinate NPS management activities with other Federal agencies (additional activities with other Federal agencies are cited throughout the Strategy). EPA Action Target Date 0 Region VIII will continue to provide the leadership FY86-FY87 and staff support necessary to continue to participate in the activities of the National Nonpoint Source Task Force (including its workgroups) to provide input from Regions VIII. IX, X. * Region VIII will support efforts as needed to strengthen FY86-FY87 and/or develop new memoranda of understanding (MOUs) between its States and other Federal agencies related to NPS responsibilities. Special emphasis will be placed on enhancing cooperative efforts for planning, project overview, and providing water quality input for activities on Federal lands through State participation on interdisiplinary teams; project reviews; selection of riparian restoration projects; review, approval and certification of BMP's; involvement in area analyses; etc. * Region VIII will work with other Federal agencies FY86-FY87 to achieve better interagency coordination and cooperation. The main focus will be on the Forest Service, BLM, and Fish and Wildlife Service. * Region VIII will coordinate with other Federal FY86-FY87 agencies relative to actions affecting priority waters. " Region VIII will meet anually (as resources allow) Annual with Forest Service Regions I, II and IV and the respective State water quality staff to select watersheds, activities, and projects of priority concern. The Region will assist in developing area analysis/cummulative impact analysis procedures within the F.S. planning process that will help answer concerns raised by EPA in the review of Forest Plans. * Region VIII will continue to be the lead EPA Ongoing Region for the Colorado River Salinity Control Forum. -3- ------- Region VIII will support both Forest Service riparian zone management demonstration project intiatives and BLM Riparian Area Management by Objective (RAMBO) demonstration projects by providing water quality and fishery inputs. Region VIII will provide technical transfer on EPA's ecoregion mapping and reference stream initiatives to other agencies where applicable. Region VIII will continue to provide NPS project inputs to Clean Lakes projects within the Region and act as the lead Region on the Big Stone Lake project in cooperation with Region V. Region VIII will incorporate NPS management concerns in review of other agencies' actions under the National Environmental Policy Act (NEPA) and Section 309 of the Clean Air Act. Region VIII will incorporate NPS concerns in EPA's review of the COE's public notices on Section 404 discharges into wetlands; Region VIII will work with other agencies to emphasize the importance of wetland preservation. EPA Regions VIII, IX, X developed procedures and a checklist for review of Forest Service Forest Plans and EISs. EPA Regions VIII, IX, and X held a workshop with Bureau of Land Management (BLM) representatives to develop better procedures and a check list for review of BLM Resource Management Plans. Region VIII will participate with Region IX, X and the Forest Service to further develop procedures and surrogate indicators of the status of fisheries by utilizing stream habitat measurements. EPA Regions VIII, IX, and X will hold (pending funds availability) a workshop with BL M and U.S. FS respresentatives on environmental indicators and cummualtive impacts. FY87 Ongoing Ongoing Ongoing Ongoing Sept.'85- Feb.'86 Feb. 6-7, 1986 April 2-4, '86 June 3-4, '86 June 18-19, '86 July 21-23, '86 FY'87 -4- ------- PROBLEM ASSESSMENT Federal, State, local, areawide, and interstate agencies have the lead role in NPS problem assessment in areas within their jurisdiction. Region VIII will work in conjunction with these agencies to help identify water quality problems, pollution sources, and management needs for State, private and Federal lands. This will build upon the work done under Section 208 and 303 of the Clean Water Act, the Rural Clean Water Program, State Section 305(b) water quality reports, the ASIWPCA NPS Assessment, and in other programs. Region VIII will encourage all agencies to include monitoring/assessments of NPS pollution problems in both surface and ground water as part of their annual work plans. Region VIII involvement will include technical support and assistance in problem identification, monitoring and data management, and integration of Federal land management agency NPS assessments into state NPS assessments. Problem Identification EPA Action 8 Region VIII will analyze the NPS information collected as part of the ASIWPCA NPS Assessment and support EPA HQ in comparing the data to other data sets and determining the most useful information items,.with special emphasis on inclusion of Federal lands. Regional staff will work with the States to update .the.ASWIPCA survey as needed. 0 Region VIII will evaluate the NPS information submitted as a part of the 1986 State Section 305(b) reports {due in 4-86). * As part of the guidance for the 1988 State Section 305{b) reports. Region VIII will provide guidance to States on how to report NPS problems to assure comparability of data. * Region VIII will continue to work to improve the groundwater portion of 305(b) reports for its States, especially for pesticides from nonpoint sources. 0 Region VIII will continue to use the Environmental Management Reports (EMR) process as a management tool to identify areas where nonpoint sources are a .problem. * Region VIII will cooperate with the Forest Service and EPA Regions IX and X to develop instream habitat criteria and monitoring systems which may be used in NPS problem identification. Target Date June '86 July '86 FY 87 FY '87 Annua1 FY86-FY87 -5- ------- Monitoring and Data Management EPA Action Target Date * Region VIII will continue to develop and document Ongoing NPS data bases, and develop mechanisms to retrieve and utilize data related to nonpoint sources from other agencies and to,support the States in preparation of 305(b) reports. 0 Region VIII will continue to coordinate with the use Ongoing attainability study staff and the Regional Monitoring and Data Support Group to provide NPS input to their activities. 0 Region VIII NPS staff will continue to participate in Ongoing the Regional Groundwater Advisory Committee to oversee NPS activities, especially as they relate to assessments of pesticides in groundwater from NPS. Regional staff will continue to support the Agricultural Chemicals in Groundwater Study initiatives. PROGRAM IMPLEMENTATION Region VIII will continue to encourage all government agencies to integrate NPS management concerns into their existing programs and to develop new implementation programs as needed. In FY 1986-1987, a major thrust will be to work with Federal agencies to better utilize existing implementation programs to address NPS control needs (additional activities are also included in the section of the Strategy on Federal Agency Coordination). Special emphasis will be placed on providing support to the Forest Service, Bureau of Land Management, and the Federal Highway Administration. Region VIII expects States, in cooperation with appropriate levels of government and the private sector, to take the lead in developing NPS management programs for priority waters (ground and surface waters). Region VIII will provide guidance and assistance to States and other agencies for developing and implementing effective NPS management programs, with special attention to the problems created by multiple ownership watersheds where private, State, and Federal lands are intermixed. Assistance will be provided for: setting priorities for remedial and preventive management efforts for specific priority waters; NPS program development/management; targeting NPS management efforts; and development of BMP's to be consistently used regardless of land ownership. Priority for available EPA funds will go to States which have identified NPS pollution as a problem and are working actively to develop and implement management programs through their ongoing water quality management program. In addition, Region VIII will continue to provide assistance for national projects such as the rural Clean Water Programs in South Dakota and Utah and for USDA programs such as the Agricultural Conservation Program throughout the Region. -6- ------- Program Planning, Development, and Implementation EPA Action Target Date o Region VIII will support the continued involvement Ongoing of water quality agencies in NPS management efforts through available funding for Clean Water Act Section 104, 106, 205, and 314 grants. Region VIII will coordinate its activities with those Ongoing of other Fedral and State agencies to implement NPS programs in State identified priority waters within limitations of existing and future resources. For example, Region VIII will meet (as resources allow) with Forest Service Regional Offices I, II, and IV and Bureau of Land Management State and District Offices in conjunction with the respective State water quality staff to review yearly activities and select areas/watersheds of major concern for close cooperation between agencies. Region VIII will work with EPA Headquarters and Ongoing USDA State Offices to incorporate NPS concerns into the 1987 Conservation Reserve Program (CRP) and will participate on CRP Committees where requested. Region VIII will continue to provide annual review Ongoing of the RCWP projects in South Dakota and Utah to participate on the State Coordinating Committees and Local Coordinating Committees for RCWP projects. Region VIII will provide staff support for the FY86-87 Water Quality Standards/BMP Workgroup established as part of the NPS Task Force to address the relationship between standards and BMPs, and on the NPS Assessment Workgroup. Region VIII will continue to review Forest Service Ongoing Forest Plans and Bureau, of Land Management Resources Management Plans to incorporate NPS related concerns and provide follow-up support as necessary. Region VIII will support Forest Service Regions FY86-FY87 I, II & IV in developing silviculture BMP's by assisting in the development of the Soils and Water Conservation Practices Handbook and-the related monitoring approaches. .7. ------- r Targeting EPA Action Target Date Region VIII will respond to Federal, State, local, Ongoing and areawide agency requests for assistance in targeting their NPS management programs in priority waters. " Region VIII will continue to work with the U.S. Ongoing Agricultural Stabilization and Conservation Service's (ASCS's) Agricultrual Conservation Program (ACP) to implement special projects involving water quality e.g., by supporting ACP Amendments 111 and 115 activities. 0 Water Quality Management Plans for nonpoint sources As Needed will be updated when necessary for program effectiveness as determined by program needs or during State/EPA Agreement workplan negotiations, Technical Assistance/Education EPA Action Target Gate * Region VIII will provide technical assistance to Ongoing Federal, State, interstate, local agencies and others on all aspects of managing NPS pollution including problem assessment and program development, management, and evaluation, as resources allow. -8- ------- INCENTIVES AND ENFORCEMENT Currently, both voluntary and regulatory programs are being used to manage NPS impacts. EPA believes that voluntary NPS management programs are valuable and that incentives are sometimes necessary to increase the scope of implementation and improve the equity of such programs. Voluntary programs, however, need to include effective program evaluation components. Where nonpoint source-related water quality goals are not being met after an adequate period of voluntary program implementation, regulatory programs may be necessary, and States and localities should consider developing and implementing such programs. Where regulatory programs are used, adequate enforcement mechanisms should be developed to ensure compliance with program requirements. While a variety of incentive and enforcement tools may be used to achieve compliance or implementation of NPS BMPs, it is important to note that EPA currently has few legal authorities under the Clean Water Act to require implementation of NPS BMPs. Section 313 of the Clean Water Act and Executive Order 12088 address Federal facilities (including lands) compliance with State, interstate or local water pollution control requirements including the control of NPS pollution. Also, stormwater runoff that is "channelized" by means of "discrete conveyances" located in urbanized areas or at industrial or commercial facilities falls under the purview of the NPDES point source permit program and requires permits (see 49 FR 37997, September 26, 1984). EPA is currently considering revisions to these regulations (see 50 FR 9362, March 7, 1985, and 50 FR 32548, August 12, 1985). The deadlines for stormwater permit applications where EPA is the permit issuing authority have been extended to 1987 and 1989 (see 50 FR 35200, August 29, 1985). Many States and local governments have adopted regulatory programs including enforcement options for some types of nonpoint sources. NPS pollution from construction erosion, mining activities, and pesticide use are the most common types of nonpoint sources for which States/locals have adopted regulatory programs. Nationally, about one-fourth of the States have regulatory programs for forestry activities; these programs vary widely among States. Agricultural NPS problems are currently primarily addressed with voluntary programs; in some instances, back-up regulatory provisions have either been adopted or considered. Only a few States and/or local governments have adopted stormwater management regulatory programs, directed at \stormwater runoff from new developments. Incentives EPA Action EPA will continue to make existing Clean Water Act resources under Sections 104, 106, 205, and 314 available to States and localities for NPS management activites in priority waters, with emphasis on achieving water quality goals or standards and antidegradation/ serious injury requirements cost-effectively; Region VIII will use the Agency Operating Guidance to encourage priority to be given to the use of such funds for NPS projects. -9- Target Date Ongoing ------- Region VIII will encourage States to develop incentive Ongoing programs to share the cost of implementing BMPs i.e., cost sharing, loan programs, tax incentives, etc. Region VIII will work with USDA to integrate water FY86-FY87 quality concerns into the implementation of the Farm Bill's Conservation Reserve, Sodbuster, and Swampbuster provisions and will assess the impacts of other farm programs on NFS pollution. Enforcement EPA Action ' Region VIII will explore and define additional general FY86--FY87 permit programs which might be legally adaptable and implementable under the current Clean Water Act for managing water quality. RESOURCES Region VIII Water Division will assume the lead role within the Region for coordinating implementation of the Region VIII NPS Strategy. Region VIII will use existing funding under the Clean Water Act to assist State and local governments in program implementation. In addition, Region VIII will encourage other Federal -agencies to utilize their existing resources and programs to accomplish NPS management objectives. EPA Action Target Date * Region VIII will utilize available professional • Ongoing staff to manage and carry out EPA's responsibilities identified in this Strategy. * Region VIII will increase priority of NPS management Ongoing within limitations of existing and.future available funds in Sections 104, 106, 205, and 314. 0 Region VIII will work with other Federal agencies Ongoing to better integrate NPS management concerns into '.'>. v existing programs. -10- ------- PROGRAM EVALUATION AND OVERSIGHT While all agencies are individually responsible for the periodic evaluation of their programs, EPA will include such evaluations in its assessment of NPS management efforts in determining if National water quality goals are being adequately addressed. To meet goals and objectives of the Clean Water Act, .Region VIII will oversee implementation of State water quality programs through its accountability system and through formal program review of activities as documented in State/EPA agreements. Region VIII in cooperation with States, will consider activities of Federal land management agencies as they impact NPS management. EPA Action Target Date * Region VIII will report on NPS pollution as part Annually of the Agency's Strategic Planning and Management . System (SPMS) and the Office of Water Accountability System (OHAS) and include such items in the guidance for preparation of State/EPA agreements, provided such guidance is received by March 1 of each year. " As part of Region VIII's CWA oversight role, Water: Annually Division/State Programs Branch will assess and evaluate State NPS programs for consistency with SPMS and WAS guidance at mid- and end-of-year ' reviews and as part of other management reviews as they occur. 0 Region VIII will review State lists of priority Ongoing waters to ensure water impacted by nonpoint sources are included on such lists. * Region VIII will evaluate use by States and localities Ongoing of Section 104, 106, 205, and 314 funds for NPS management to ensure consistency with National guidance. 0 Region VIII will evaluate and integrate the Ongoing experiences of its State, areawide, and local NPS programs, and use the results to refine and modify the Strategy and direction. -11- ------- ------- EPA REGION 9's 1986-87 NONPOINT SOURCE (NFS) STRATEGY WORKPLAN PREAMBLE A Federal/State/local Nonpoint Source (NFS) Task Froce was created by the U.S. Environmental Protection Agency (EPA) in March 1984 in recognition that many diverse agencies have a role in NPS management. The Task Force was charged with developing recommendations to the EPA Administrator on a National NPS policy and implementation strategies to assure broader implementation of needed NPS controls. The Task Force presented a recommended National Nonpoint Source Policy to EPA's Administrator in December 1984. In addition, EPA Regions are responsible for developing individual strategy workplans for implementing the National NPS policy. The objective of the National NPS Policy is to support and accelerate the development and implementation of NPS management programs. Region 9's NPS Strategy Workplan fully supports this objective. Managing nonpoint sources of water pollution is a high priority for the Agency and Region 9. NPS pollution is clearly indentified as a priority issue in EPA's Agency Operating Guidance. We are committed to work with other Federal, State, local and interstate agencies and the private sector to incorporate NPS control measures into their programs, where appropriate. In 1986-87, Region 9's NPS effort will be concentrated in the following areas: 1. General Coordination; Communication and information transfer among all agencies. a. Information transfer of approaches and concepts. b. Policy and direction communication to state environmental agencies and others as appropriate. 2. Problem Assessment Assistance; Professional staff assistance for problem indentification and assessment. a. Provide assistance in the following areas to states: * NPS problem indentification and assessment * NPS "post-BMP" measurements " NPS "target" areas that will encourage success measurement. b. Devote staff resources to current state-of-art water quality assessment techniques. ------- c. Analysis of water quality data with the objective of documenting the impact and trends of NFS pollu- tion. 3. Program Implementation: a. Maintain coordination with federal agencies having implementation programs. b. Contact interest groups to develop innovative implementation solutions. 4. Evaluation and Oversight; Review of current program effectiveness through on-site site and mid-year reviews a. Assess technical program adequacy. b. Evaluate implementation progress in specific basins. Activities in the above area will be primarily conducted by the Water Quality Management and Monitoring Section through the Water Management Division's geographic branches. The Office of Ground Water may also be called upon for specific technical assistance. NFS program management and oversight. will be handled by the Section Chief who is also the NFS Coord- dinator. - 2 - ------- REGION 9's FY1986-87 NONPOINT (NFS) STRATEGY WORKPLAN ACTION Tarqet Completion Date Date 'Assign one person to work full-time in the area of NFS pollution during FY- 1986-87. This person will be assigned to the California (CA) Branch. NFS responsibilities in Arizona, Hawaii, Nevada, American Samoa, Guam, the Trust Territory, and the Commonwealth of the Northern Marinas Island will will be handled by the Water Manage- ment Division's Water Quality Manage- ment (WQM) Project Officers. Program oversight, interagency and EPA Head- quarters (HQ) liaison is the respon- sibility of the NPS Coordinator. "NFS responsibilities in CA are as follows: - Oversee the' development of CA NPS strategy. Conduct NPS assessments - Region 7 - Draft Final - Region 3 - Draft Final - Region 5 - Draft Final - Indentify NPS projects needing other federal agency support to proceed - Draft list -Review Forest Service EISs. 10/01/86 10/01/86 Ongoing 09/30/86 09/30/86 09/30/86 09/30/86 09/30/86 FY-87 09/30/86 09/30/86 - 3 - ------- ACTION Target Date Completion Date - Sequoia 09/30/86 - Stanislaus 09/30/86 » - Lake Tahoe 09/30/86 - Shasta-Trinity 09/30/86 - Sierra 09/30/86 - Los Padres 09/30/86 - Klaraath 09/30/86 - El Dorrado 09/30/86 - Six Rivers 09/30/86 °Via contacts with Federal, State and local agencies, update and implement the NFS Strategy Workplan in all States (i.e., Arizona, California, Hawaii Nevada and the Pacific Terri- tories through such vehicles as informal and formal meetings, work- shops and memoranda of understanding Ongoing (MOU's). Initiate and/or renew con- tacts with the following: - USDA - SCS - PS - ASCS - USDI - BLM 04/30 - BOR 05/30 01/30 02/28 03/28 01/28 02/05 09/30 02/05 ------- ACTION Target Completion Date Date "Analyze Section 305(b) and STEP Reports and WQM plan updates for NFS problem indentification and status of State program development. - Provide comment to States through the geographic branches. - Transmit final edition 305(b) reports to HQ. - Complete WQ - 21 and transmit it to HQ. "Conduct through the geographic branches mid-year reviews with states, concentrating on state NPS programs status and NPS water quality standards problems and issues. °Conduct NPS pollution training course for Regional 9 staff. •"Continue to negotiate NPS SPMS comments and other appropriate output into FY86-87 Section 106 and 205(j) grants. Develop and transmit Regional guidance to States through georaphic branches 03/25 03/25 06/25 05/01 03/25 03/25 06/25 05/01 08/30 07/17 04/18 04/18 'Continue to provide review and comments on various drafts of the NPS legislation, the Agency's NPS Policy, Strategy and other guidance such a SAM-32. Ongoing -5- ------- ACTION Target Date Completion Date "Summarize status of State NFS program development and imple- mentation by State and NFS acti- vity 03/20/87 'Complete and submit the Region's midyear self-evaluation report of of all water programs including NFS. 04/18 04/18 -6- ------- REGION 10 NONPOINT SOURCE STRATEGY 6/30/86 I. Profa1 em States and local agencies have primary responsibility for the control of nonpoint sources of pollution. EPA's role is to provide technical and financial assistance and oversight to ensure that Clean Water Act goals are met. Region 10's strategy for controlling nonpoint sources emphasizes technical assistance to states, local governments and federal agencies to carry out effective programs, Nonpoint source pollution accounts for an estimated 60 percent of the region's water quality problems. NFS pollution in the region is most often associated with agricultural and silvicultural activities. Urban runoff, septic tank, failures, construction, and mining are more localized but may cause serious contamination problems. II. Objectives 1. To more effectively address NPS problems from agriculture and silviculture, because they are priority categories, and EPA's and state's resources are limited; 2. Assist state, local, and federal agencies 1n the implementation of effective nonpoint source control programs; and 3. Document the basis for and publicize successful NPS water quality projects that have resulted in significant reductions 1n loadings to streams and lakes. III. Action Plan for Nonpoint Sources Program A. COORDINATION HITH FEDERAL AGENCIES Activity 1. Hork with USDA agencies to implement Conservation Reserve Program (CRP) a. Prepare brief summary of program for EPA managers b. Letters to ASCS to confirm EPA's Interest and participation c. Participate in State Conservation Review Group meetings in Imple- menting CRP 2. Assist states in negotiating federal agency commitments to comply with HQM programs, such as use of special and ongoing USDA and USDI funds to better support WQM programs and commitments Lead Responsibility Moore Burd/Moore Moore/Martin Burd Completion Date 6/30/86 6/30/86 FY 86-87 FY 86-87 ------- Activity 3, Participate In annual meetings with USOA agencies to review WQM activities and areas of mutual need and follow-up 4. Meet with BLM State Office Planning Staff on E1S reviews as follow-up to Denver and Seattle meetings on resource management plans and water quality; develop plan of EPA and state actions needed to strengthen Interagency coordination Lead Responsibility Burd . Martin Completion Date 9/30/86 FY 86-87 B. PROBLEM ASSESSMENT Activity 1. Develop contract, proposal, and tech- nical support document'on "threshold of water quality and beneficial use Impacts from forest practices". a. Final contract prepared and awarded b'. Complete contract work. c. Field test draft report d. Publish final document 2. Review and prepare comments to states on the NPS Information submitted as a part of 1986 305 grants as part of FY 86 SEA: a. Alaska 1. Point McKenzle Dairy Waste 2. Delta-Clearwater Creek WQM 3. Placer Mining monitoring Plan Rob1son/Moore Plan Rob1son/Moore Robison/Moore 12/01/86 12/30/86 12/30/86 ------- Activity Lead Responsibility Completion Date b. Idaho 1. Update of Statewide Forest Martin Practices Plan 2. Impacts of on-stte waste on Martin Lake Pend Orel lie 3. Strategy and regulations for Scarburgh mining operations 4. Field method for assessing Martin Injury to water uses 5. Guidelines for dairy and feed- Scarburgh lot waste management c. Oregon I. Yaquina Bay WQM Moore 2. Tlllamook Bay water quality ESD monitoring d. Washington 1. Implementation reviews of area- Moore wide WQM agencies 2. WQM Plan Stl1laquamish Basin Moore 3. Update state's urban runoff Moore strategy 4. Hood Canal WQM Plan Moore 2. -Provide the following technical assistance to states and federal agencies in implementing NPS programs: a. Alaska 1. Coordinate with ADEC the review EE8 of 1986-1990 Alaska Pulp Cooperation Long Term Sale Area Final EIS 2. Assist ADEC in developing Moore control strategies for forestry activities in SE Alaska b. Idaho 1. Participate 1n Technical Ad- Martin visory committee to update Forest Practices WQM Plan 2. Assist IDHW and USFS 1n devel- Scarburgh oping and Implementing NPS controls for mining in central Idaho 3. Assist Rock Creek Rural Clean Martin Water Program (RCWP) Local and State Committees In preparing draft and final annual reports 10/01/86 12/30/86 9/30/86 12/30/86 6/20/86 12/30/86 FY 86-87 FY 86-87 12/30/86 12/30/86 12/30/86 9/30/86 9/30/86 1/01/87 FY 86-87 FY 86-87 ------- Lead Completion Activity Responsibility Date 4. Review EPA's draft general WD/IOO 12/30/86 permit for concentrated animal feeding operations In Idaho c. Oregon 1. Review WQM parts of forest EEB FY 86-87 plans for seven of the thirteen national forests in Oregon (Environmental Evaluation Branch- EEB) will be lead reviewers for all plans Schedule for Draft EIS as of 2/12/86 * Oeschutes, Bend 1/86 Freemont, Lakevjew 7/86 * Malheur, John Day 9/86 * Mt. Hood, Gresham 8/86 Ochoco, Prineville 6/86 * Rogue River, Medford • 8/86 Siskiyou, Grants Pass 7/86 * Siuslaw, Corvallls 6/86 Umatllla, Pendleton 7/86 * Umpqua, Roseburg 9/86 Wai Iowa-Whitman, Baker 2/86 * Willamette, Eugene 9/86 Winema, Klamath falls 9/86 * Office of Water Planning Review 2. Assist ODEQ in updating , FY 86-87 statewide WQM Plan for Forest Practices d. Washington 1. Review WQM parts of forest plans EEB FY 86-87 for four of the six national forests In Washington (EEB will be lead reviewer for all plans) Schedule for Draft EIS as of 2/12/86 * Colville, Colvllle 9/86 * Gifford Plnchot, Vancouver 9/86 * Mt. Baker-Snoqualmie, Seattle 9/86 Okanogan, Okanogan . 3/86 * Olympic, Olympia 6/86 Wenatchee, Wenatchee 4/86 * Moore will review WQM parts of plans 2. Liaison with Puget Sound Water Moore FY 86-87 Authority's NPS staff and Technical Advisory Committee; provide technical assistance and Interagency coordination ------- Activity Lead Responsibility Completion Date Conduct Implementation reviews of Rural Clean Water Programs (RCWP) and Silvlcultural WQM Programs of states and federal agencies and prepare reports and recommendations Schedule Tlllamook Bay RCWP 8/30/86 Rock Creek RCWP 8/30/86 Silvlcultural Programs 9/30/86 In each state Conduct quarterly reviews and Moore oversight of Moses Lakes Ag- ricultural Cost Share Program Moore/Martin FY 86-87 FY 86-87 ------- ------- GLOSSARY OF ACRONYMS ACP - Agricultural Conservation Program APHIS - Animal and Plant Health Inspection Service ARS - Agricultural Research Service ASCS - Agricultural Stabilization and Conservation Service ASIWPCA - Association of State and Interstate Water Pollution Control Administrators BLM - Bureau of Land Management BMP - best management practice BOR - Bureau of Reclamation CES - Cooperative Extension Service COE - Corps of Engineers CRP - Conservation Reserve Program CSRS - Cooperative State Research Service CWA - Clean Water Act DOD - Department of Defense DOE - Department of Energy DOI - Department of Interior EIS - Environmental Impact Statement EMR - Environmental Management Report FIFRA - Federal Insecticide, Fungicide, and Rodenticide Act FS - Forest Service IPM - integrated pest management LICA - Land Improvement Contractors of America MOUs - memoranda of understanding N - nitrogen ------- NASDA - National Association of State Departments of Agriculture NCSU - North Carolina State University NPS - nonpoint source NEPA - National Environmental Policy Act NPDES - National Pollutant Discharge Elimination System OEA - Office of External Affairs OPP - Office of Pesticide Programs OPPE - Office of Policy, Planning, and Evaluation OPTS - Office of Pesticides and Toxic Substances ORD - Office of Research and Development OW - Office of Water OWAS - Office of Water Accountability System P - phosphorus POTW's - publicly owned treatment works RCA - Resource Conservation Act RCWP - Rural Clean Water Program SCS - Soil Conservation Service SEA - State/EPA Agreement SPMS - Strategic Planning and Management System TSCA - Toxic Substances Control Act TVA - Tennessee Valley Authority f USDA - U.S. Department of Agriculture WQM - water quality management WQS - water quality standards -2- ------- |