&EPA United States Environmental Protection Agency Sept/Oct 1978 208 Bulletin Thoughts on Project Clearwater " TTie activities which took I place during Project Clear- water (cover story July-August 208 Bulletin) provide an outstan- ding example of the common ob- jectives of the agricultural com- munity and the environmental movement. All of us want to assure that the farmer and rancher can produce the food and fiber required by our nation and for export to other parts of the world at a fair price to the consumer and a good return to the farmer for his labor and in- vestment. At the same time we also want the soil resources to stay on the land for use by future generations and the water that leaves the land to be clear. This Project is only a small part of the millions of acres which will require similar treatment with best management practices if we are to meet our Nation's clear water goals." Joseph Krivak Continued on page 2 The Warren Roe/key barn, before and after Projeot Clearwater. On August 19, 500 volunteers gathered to transform this Frederick, Maryland farm into a model of soil and water conser- vation. ------- Project Clearwater Continued from page 1 With the building of a new hog barn, these pigs will no longer contribute to pollution of this stream. Thousands of farmers had the opportunity to learn about and observe the application of agricultural BMP's. Daniel Poole, a Catoctin District supervisor, gazes toward the area soon to be the site of the farm pond. ------- Volunteers push (he soil to form the bottom of a 1.2 acre pond. This was just one of thirteen conservation /best management practices being applied to the Roelkey farm. Maryland Governor Blair Lee, and EPA's Deputy Director for Water Planning, Joseph Krivak, (speaking) were among the distinguished guests. 6 By dusk, the Roe/key farm had taken on a new look. The con- servation field day had suc- cessfully dramatized the control of agricultural nonpoint sources of pollution. ------- Status of The WQM Program The Federal Water Pollution Control Act of 1972 provided local areas with a unique oppor- tunity to plan and manage a comprehensive waste treatment control program. Initiation of the program lagged somewhat be- cause of the attention demanded by the permit program and con- struction grants program. During 1974, however, the program was launched with a $1 million grant award in Raleigh-Durham, North Carolina. At the close of FY 1974, there were 11 grant awards otaling $13.5 million. FY 1975 marked the real growth of the program with the addition of 138 grants at $150 million. In 1975, the U.S. District Court ruled that States were re- quired to conduct a level of plan- ning that would have been con- ducted by the local agency if the area had been designated. Thus, today, there are 175 areawides and 49 States doing 208 planning throughout the Nation with Federal assistance of approx- imately $220 million. Another $70 million remains available through September 1979. The majority of the initial areawide plans will be submitted for State certification and/or EPA approval during 1978; 149 scheduled by September 30 and 214 by December 31. The re- maining 11 are scheduled to be submitted by June 30, 1979. Twenty plans have been certified and 2 approved with conditions (Des Moines and Pikes Pr^k) as of July 1978. The President's budget in eludes $50 million for the 208 program for FY 79. The Con- gressional Appropriations Com- mittees eventually agreed upon $32 million. In addition, EPA is negotiating with OMB on a five year funding strategy which would provide for stability in the program over the next several years. Future funding will be pro- vided to specific agencies to solve specific problems. Priorities identified for FY 79 funding are nonpoint sources/water conser- 208 WATER QUALITY MANAGEMENT MAP ------- Proposed Public Participation Regulations vation, facilities planning, urban storm runoff and pretreatment. With the exception of new designations, to receive addi- tional funds, an aroawide agency must be "successrul" relative to work undertaken and completed to date. (i.e. the initial plan has been certified by the State and approved by EPA). Of course the key to the 208 program is implementation. EPA has determined that beginning in FY 80 no funding will be pro- vided unless some portion of the plan is being implemented. D LEGEND EPA Rf QK>MAL BOUNDAfllU I THRU Z AREAWDE X» PLANHINO tOUNOARIE* APPROVED *» PLANS MODEL IMPLEMENTATION PROJECT! MURAL CLEAN WATER PROORAM AREAS APPLICATION* APPROVED Proposed regulations for pub- ic participation (40 CFR 25) were published in the Federal Register in August, 1978. The regulations establish public par- ticipation requirements for pro- grams under the Safe Drinking Water Act, the Resource Conser- vation and Recovery Act, and the Clean Water Act. The new regulations will replace Part 105 (Public Par- ticipation in Water Pollution Control) and Interim Final 249 (Public Participation in Solid Waste Management.) The scope of the activities covered by 40 CFR 25 are: development and implementa- tion of plans, programs, con- struction and other activities supported with EPA grants to State, interstate, regional and local agencies EPA rulemaking EPA administration of permit programs Delegation of programs to State and substate agencies and administration of such programs Development by EPA of major informational materials for wide public distribution At a Deputy Assistant Admin- istrator's discretion, development of strategy and policy memoran- da Part 25 regulations cover these major topics: "Public Informa- tion," "Public Notification," "Public Consultation," "Public Participation Work Plans" and "Compliance." There are also descriptions for "Responsiveness Summaries" and "Public Partici- pation Summaries," which will be required only when specified by individual programs. Essentially, Public Information would require that information available to the public should identify significant decisions, alternative courses of action and their implications. Also, informa- tion should be accessible, avail- able in advance of important decisions and prepared in lay- man's language. Public Notification would re- quire the development of a mail- ing list of interested or affected individuals and organizations and notification when major deci- sions are oemg made. Both Continued to page 7 208 Planning and Ground Water Protection Ground water may be out of sight, but it is hardly out of the minds of water quality man- agement planners. Several 208 agencies have been tackling ground water protection as their highest priority. Ground water needs protect- ing for several reasons. First, more than 100 million Americans rely on underground sources to supply their drinking water. Ground water supplies roughly 23 percent of the total national water use. Second, ground water does not readily cleanse itself of con- taminants. Once polluted, the slow-moving resource can re- main contaminated for thou- sands of years. Artificial flushing is usually unfeasible because of the large volumes involved. Little attention has been ac- corded ground water in the past. Surface water problems, which were more visible, attracted the resources. But, now that 208 plans are being submitted, it is apparent that planning agencies are attacking their ground water problems. Two examples stand out. »!»»« KXiii UK* The Nassau-Suffolk (NY) Regional Planning Board studied the possible future insufficiencies of the quantity and quality of their ground water. Serious decline of either parameter could threaten the area's almost three million inhabitants who depend on the aquifers for their fresh water supply. The agency compiled hydro- logic and geologic profiles, studied land use, and identified ground water contaminants. (Water level declines would not be sufficiently large to affect availability, they concluded.) The agency did pinpoint storm runoff and other nonpoint sources as principle introducers of con- taminants. The Planning Board recom- mended programs to control the nonpoint sources of pollution and to promote water conserva- tion. Sewer systems and other structural solutions were second- arily recommended. The Ventura (CA) Regional County Sanitation District adopted a tripartite solution to ease its problems with overdraft, salt water intrusion and mineralization. The 208 agency determined that short-term BMPs and water conservation would help balance draft and recharge. Intermediate- term well construction into a lower aquifer zone would ease the burden on the overdrawn up- per one. Only the long-term structural solution, a water qualitv pipeline and improved diversion, would correct the mineralization problem. The Water Planning Division, meanwhile, is pursuing ways to coordinate 208 planning with other environmental programs to achieve more efficient ground water protection. The State/EPA Agreement is currently con- sidered the best mechanism to accomplish the integration. At present, the Agreement guidelines call for consolidation of activities under such programs as Construction Grants, Water Supply, Solid Waste, and Water Quality. By FY80, the focus will be on coordinated problem solu- tions rather than individual pro- gram activities. Relationships to EPA programs other than those administered by the Office of Water and Hazar- dous Materials, and to other Federal programs, should be clarified in the FY80 Agreements. ------- Revised WQM Regulations Out for Comment P O A ,in September, Cl /"\ published proposed revisions to the regulations governing the water quality management program authorized by §106, 208 and 303(e) of the Clean Water Act of 1977. This revision responds to the President's initiative on con- solidation of Federal require- ments for State and local plan- ning by combining Part 130; 131; 35.200 through 35.236; and 35.551 through 35.570 of Title 40 into one consolidated set of regulations. The proposed regulations establish a new focus for contin- uing planning and implementa- tion, implement applicable provi- sions of the 1977 Clean Water Act and other new executive orders and directives, and resolve problems with portions of the existing regulations based on the experience of the last several years. For water quality management under Section 208 of the Act, the proposed regulations em- phasize planning and implemen- tation activities that follow devel- opment of the initial plans. This change in emphasis occurs because the initial planning phase (generally three years) is approaching completion. To avoid confusion, the old regula- tions will continue to govern the initial planning phase of existing grantees, except in instances specified in the regulations. WQM planning conducted after the initial phase, including plan updates and revisions will be governed by the new regula- tions. The State/EPA Agreement re- quired by existing regulations (§130.11 of this chapter) was designed to establish the level of detail and timing of State water quality management plan pre- paration and assure the orderly integration of planning efforts and control activities. The original emphasis was on initial plan preparation; the proposed regulation now stresses the inte- grative and coordinative aspects of the Agreement, and imple- mentation. Beginning with the publication of the proposed regulations, the State/EPA Agreement becomes the primary means to integrate the planning, management, im- plementation and evaluation of programs under the Clean Water Act; the Resource Conservation and Recovery Act; the Safe Drinking Water Act; the Clean Air Act; the Toxic Substances Control Act; the Federal Insecti- cide, Fungicide, and Rodenticide Act; and other laws administered by EPA. Since this subpart governs only that portion of the State/EPA Agreement relating to the 106, 208 and 303(e) pro- grams, other programs included in a State/EPA Agreement will be governed by the applicable provisions of their respective regulations found elsewhere in Chapter 40. The responsibilities of other programs regarding the Agreement will be discussed in their regulations and EPA guid- ance on State/EPA Agreements. The preliminary concept paper for revisions to the regulations was issued on May 4, 1978. Many comments were received and incorporated in the proposed regulations. Readers are en- couraged to offer comments on the proposed regulations to Program Development Branch, (WH 554) U.S. EPA, 401 M Street, S.W., Washington, D.C. 20460. Final regulations are ex- pected to be promulgated in the fall. D Missouri Citizens Say Erosion Is Major State Water Pollution Problem Jefferson City MO, June 16 With 110 of Missouri's 114 citizen water quality committees reporting, soil erosion was iden- tified as the state's major non- point source water pollution problem. Some form of erosion was listed as the most important problem by 93.5% of the coun- ties reporting. The county committee reports are a part of Missouri's Water Quality Management Program (208) which is a jointly funded state/federal project under the direction of the Division of En- vironmental Quality, Missouri Department of Natural Re- sources. Authority for the pro- gram originates from Public Law 92-500 (Section 208) passed by Congress in 1972. Under the law, the Department of Natural Re- sources must write a state plan for water pollution abatement by early 1979. The reports reflect the opin- ions of about 2,100 county com- mittee members, and other interested citizens. County com- mittees used newspaper articles, radio and TV announcements, and word-of-mouth communica- tion to encourage citizens to of- fer written or verbal comments about water concerns. Many counties used mini-question- naires and suggestion boxes to solicit input. Other question- naires were completed by those attending the 26 public meetings conducted across the state last March. "We appreciate the excellent guidance Missouri citizens have given us through these county reports," said Richard F. Rankin, director, Water Pollution Control Program, DEQ. "This listing of water pollution concerns will help us write a state water pollu- tion abatement plan that is prac- tical and suitable for most citizens." More than half of the reports (57%) listed erosion from agri- culture as their county's most serious water pollution problem. Another 8% of the reports plao- ed erosion from construction in their first priority position. On a statewide basis, erosion from construction ranked second and erosion from county road was third. Exactly 60% of the coun- ties listed highway and county roads erosion among their first six priorities. Half of the reporting commit- tees listed solid waste disposal and 42% listed septic tanks as a problem among the first six priority positions. One county, Camden, only listed septic tanks and solid waste disposal as water pollution problems. Litter- ing along streams and waterways was listed by many counties, especially in the Ozark regions. Margaret Hiett, Texas county committee secretary, offered a prologue with her county report. "There are no major problems with nonpoint pollution in the county," she wrote. The report continued by listing minor prob- lems, such as sediment and littering. "Texas county is typical of many Ozark counties," Rankin remarked. "The objective for many Ozark counties will be to maintain the water quality ex- isting there now." Reynolds county suggested an increase in the fines levied against those found guilty of throwing trash along the rivers and highways. This county com- mittee also recommended that users of jeeps and 4-wheel drive vehicles be stopped from driving up and down stream beds. County committees will now consider the best management practices to eliminate or reduce the water pollution problems they have identified. A series of public meetings will be held at 15 locations across the state be- tween August 7 and 17 to discuss how some of the non- point source water pollution problems can be controlled. A second county committee report suggesting the best management practice, how each program can be financed, decisions about what sort of program is wanted, and which agency should ad- minister programs initiated is due two weeks following each public meeting. The last report is due at the Department of Natural Resources September 1. D ------- Interagency Agreement USGS and EPA An interagency agreement has been proposed between the U.S. Geological Survey (USGS) and EPA, according to Merna Hurd, director of the Water Plan- ning Division. In an attempt to reduce the amount of of duplicated services within the Government, the GS will collect data on stormwater runoff. The services GS will provide include: gaining an understanding of the cause and effect relation- ships of precipitation and storm- water runoff gaining an understanding of the impact of urban stormwater on receiving waters determining cost effectiveness of stormwater control techniques assembling a data base suit- able for testing, refinement and development of computer-based models of the urban runoff/pol- lution process. The two agencies will form an advisory technical planning com- mittee (ATPC). The committee will provide technical advice on GS stormwater gaging programs in selected cities; data collection, analysis, instrumentation and processing; use of urban runoff models; and developing a set of urban hydrology monitors in selected cities. Also proposed is for the GS to establish and maintain monitor- ing stations for the support of EPA sponsored nation-wide plan- ning programs. If EPA finds its needs are not being met by GS, EPA has the right, according to the inter- agency agreement, to recom- mend work scope changes. These changes may include site, location, type of equipment, method of collection and method of analysis. The interagency agreement is proposed for 5 years. "The Small Business Adminis- tration (SBA) has recently con- cluded an agreement with the Environmental Protection Agency to provide information on the economic impact of proposed environmental regulations on small firms," EPA Administrator Douglas M. Costle said. SBA will also keep EPA in- formed on proposed legislation designed to help small busi- nesses meet environmental prob- lems. Administrator Costle added, "EPA will make every effort to give special attention to small producers in certain industries that could experience severe im- pacts as a result of our regula- tions. This will help open the way for financial assistance to the affected businesses." D Urbanization Modeling Results Announced The Southern New Jersey Water Resources Study team has now completed hydrologic models for the Rancocas, Cooper and Mantua watersheds. Chosen on the basis of the Tri- County PAC and TAG recom- mendations, the watershed models are designed to reflect the growth projected to occur through the year 2000. The basic assumption of the models is that they reflect only the fluvial flooding, that is, the tidal effects of the Delaware River were re- moved from the models. Five major steps were involved in the attempt to assess the potential hydrologic changes: Identification of causative factors, such as urbanization, . growth and sewers. Projections of where these factors will occur within the studied watersheds. Identification of those hydrologic parameters which will be affected by each factor. Relation of the magnitude of the changes which will occur to the hydrologic components in the mathematical models. Execution of the simulation models to calculate the relative changes in terms of hydro- graphs, frequency of curves, flows and stagedischarge rela- tionship. For purposes of the urbaniza- tion models developed in the study, the following assumptions were made: No additional development would occur in the presently defined 100-year floodplain. The growth rates and pat- terns projected as Future One were those values determined by the public during the year 2000 projections meetings and as originally published by Tri- County 208. The growth patterns and rates projected as the Maximum Future were those revised values used by Tri-County 208 of the original year 2000 maximum future, whichever was greater. Initial results of the models for those previously identified damage centers indicate that ur- banization, as forecast by the year 2000 studies, would not have a significant effect on the flood levels expected for the various probability storms. For example, the 100-year flows for the Rancocas at Lumberton in- crease by 7.0 and 13.1 percent for the two projected futures. Future analysis will center around development of the ex- pected 10 and 100year flows for all sub-areas in each water- shed and development of a users manual for the county planning and engineering. D Credit: U.S. Army'Corps of Engineers Proposed Public Participation Regs. Continued from page 5 Public Information and Public Notification subsections maintain the existing requirements from the old regulations. "Public Consultation," means an exchange of views between government agencies and the public. New Part 25 states that consultation can be conducted informally as well as by three for- mal techniques. These are: Public Hearings: Notice and fact sheet must be sent 45 days prior to date of hearing. Re- quirements include a convenient time and location and available hearing records. Public Meetings: Less formal than hearings. Less* than 45 days notice if reason stated in notice. Advisory Groups: When re- quired in individual program regulations, the groups are in- tended to augment other public participation activities by pro- viding a core group of informed citizens who will make recom- mendations to decision making officials on important issues. As stated in the proposed regulations, a Public Participation Work Element, or brief descrip- tion of the projected public par- ticipation activities, staff, budget and schedule, must be included in grant applications. To gauge the effectiveness of the public participation program and provide public feedback, Responsiveness Summaries and Public Participation Summaries can be required by individual programs, These documents outline the public's opinions and the agencies' responses and describe what measures were taken by grantees to meet public participation requirements. Last, the proposed regulations include compliance requirements for grant programs. EPA will not approve a grant without an ade- quate public participation work plan, and can impose other sanc- tions on non-complying grantees. Specific applicability of these regulations to 208 grantees is covered by the proposed new Water Quality Management Regulations. Both regulations are currently in the public comment stage and copies can be obtained from the EPA Regional offices. D ------- Implementation of Agricultural/206 Water Quality Management Plans One of the main thrusts in water quality management planning has been that of im- plementation. PL 92-500 specifically states: "Sec. 101 (a)(5) it is national policy that area wide waste treat- ment management planning pro- cesses be developed and im- plemented to assure adequate control of sources of pollutants in each State, ..." (emphasis added) This emphasis on developing an implementable 208 water quality management plan has been car- ried forth in EPA rules, regula- tions, and guidance. The Model Implementation Pro- gram within EPA and USDA catches this spirit of, "lets get something done". A request to identify "high priority" water quality problems within the agri- cultural sector was made of each State through the State USDA Coordinating Committees and the Regional offices of EPA. Together with local interests they were to identify problems that were severe enough that local residents could easily see that something had to done. More than fifty (50) applications were received and evaluated by State, EPA and USDA programs and research management staff. Out of this evaluation, seven areas were selected to develop model implementation programs. / though only seven MIP areas were selected for national evaluation, a number of the pro- posals are being acted upon locally. The enthusiam displayed in local MIP areas reflect the impacts that this program, and the sub- sequent Rural Clean Water Pro- gram, will have on rural water quality management. Decisions regarding acceptance of local responsibilities have been made in all projects. Local financial support for these projects has been agreed upon in all areas. County, State, and Federal of- fices have volunteered man- power and money to meet these projects' clean water goals. For example, the Maple Creek Watershed MIP area in Nebraska has received support from four- teen groups. These are: 1. EPA National office $10,000 2. EPA Regional office $118,400 3. EPA R&D CorvalHs lab - $20,000 4. Nebraska Nature/ Resources Commission Contract ad- ministration 5. Agricultural Conservation Pro- gram $375,769 6. Soil Conservation Service A soil conservationist and soil conservation technician have been assigned to work exclusive- ly within the MIP area. 7. Local Land Owners Man- power and financial resources to complete conservation treatment for water quality purposes has been volunteered. 8. Farmers Home Administration Cooperation in providing financial assistance to maximize the beneficial impact of its pro- gram on water quality. 9. Forest Service has pledged its support and offered its ser- vices in all areas that require their expertise. 10. Economic and Statistical Cooperative Service attitude surveys of landowners have been made and follow up surveys planned. 11. Science and Education Ad- ministration Federal Research Initial selection, evaluation, and monitoring of the site selected. 12.. University of Nebraska Lincoln/Cooperative Extension Service Coordination of infor- mation dissemination. 13. University of Nebraska Lincoln/Experiment Station Agreed to oversee the biological monitoring. 14. Lower Elkhorn Natural Resources District coordina- tion to prepare the work plan and start the monitoring pro- gram. This effort in Nebraska is not unique. The other six MIP areas have equal enthusiasm and sup- port. These are: Indiana Indiana Heartland area where heavy sediment loads are affecting water quality; New York Delaware River, West Branch watershed where agriciijJ'iral and forest harvest activities including many dairy and feedlot operations have caused serious water quality problem; Oklahoma Little Washita River with typical south central Oklahoma water pollution prob- lems caused by sediment from gullying cropland and county roadsides, as well as oil and gas developments; South Carolina Broadway Lake watershed east of Ander- son City, where serious degrada- tion of water quality stems from sedimentation, agricultural chemicals, and animal waste; South Dakota Lake Herman, a natural lake near Madison in Lake County, a recreation lake with water pollution problems that including soil erosion and sedimentation; Washington Sulphur Creek, Yakima County, whose chief pollution problem is due to the sedimentation, salts and nutrients from irrigation return flow. The Clean Water Act of 1977 (PL 95-217) also carries this spirit of "lets get something done on the land" Section 35 of this Act authorizes funding to individual land owners or operators for the purpose of installing best management practices (BMPs) consistent with a 208 water quality management plans. The Secretary of Agriculture is to ad- minister this program with the concurrance of the EPA adminis- trator. This program is called the Rural Clean Water Program (RCWP). Funding of the RCWP is still in appropriation committees within the U.S. Congress. The outlook is promising for fiscal years 1979 and 1980.D -DO S3 0} n ; <.» o 3 ss o o 7 2 5' ,,-om-n TJ 5111.31 ------- |