Spring 1993
Legislative News
OWOW
Office of Wetlands, Oceans & Watershed
Administrator testifies before House EPA-to-Cabinet Level Legislation Passes
Committee on CWA Reauthorization Senafe ^ Weflands Amendment
On May 5 EPA Admmistrator Carol Browner ^ ^^ d g ^ legis]ation
appeared before the House Public Works and Qred b g^^ j^ Qenn to elevate EPA
TransportationSubcommitteeonWaterResources tSaCabinet-level department by a vote of 79 to 15.
for the first time in her tenure as agency head to R blican.led efforts to pass a "dean" substitute
discuss Clean Water Act ^authorization. After faifedb avoteof54to42. The minority generally
the Administrator, delivered her oral statement > attachm extraneous provisions to
SubcorrardtteeChairmanDougApplegatep-OH) £ ^ which has stymied efforts in the
asked her whether the Administration would be £ simi]af ^
offering its own comprehensive CWA proposal, r r
Ms-BrowmrsaidEPAwmsoonbeprovidingalist Duringfloordebate,theSenateadoptedanamend-
of primeissuesof concern and added tiiat working jnent*fered b ^^ ^ucus p-MT), which tern-
together to draft a bill would probably be in a ^ offered by Se^^ Christopher
everyone's best interests. Bond (R.MO). The Bond amendment would have
,. AJ • • ^ t u- K shifted the responsibility for identifying wetlands
In her oral statement, the Administrator high- ^^^^10™ regarding wetlands restora-
lighted five key issues: protecting watersheds; tionandmftigationon agricultural lands from the
problems associated with polluted run-off; toxic Corps of Engineers (COE) to the Soil and
contaminants; adequate funding for state and Conservation Service (SCS). The Baucus substi-
locals to cany out CWA mandates; and strength- ^^ ^ President/ m ^nsuitation with the
enedenforcementmeasures. She also said that we Secretary of the Environment, the Secretary of the
must acknowledge the true value of dean water, Amw ^ ^ SecTeiary of ^ ^^^ to make a
educate people about its importance in terms of
^etonontsuscconacangean
pubUc health and quaUty of life, and guard that rtbacktoCongresswithin90daysof thebill's
which remains unblemished. The Administrator ei^ctment Administrator Browner issued a let-
emphasized the need to protect the integrity of ter/whichwaspresentedonthe Senate Hoordur-
entire ecosystems, broadening our focus to in- ^ debate/ ^ g opposition to the Bond
&
/
dude the protection and restoration of aquatic & ^ Administrator ^d its adoption
habitat, not just water chemistry. She said tha ^d not streamline the Section 404 process, but
watershed protection should be-a cornerstone of ra^erwould "inevitably introduce greater confu-
the CWA. giorv compiexity and delay in the regulatory pro-
, —, gram, which we are currently working to make
JJu Clinton Administration envisions an more effective and more efficient." The Senate
approach to water resources that looks first to ako adopted an amendment offered by Senator J.
the ecosystem itself, evaluates Us needs based Bennett Johnston (D-La.) that would require cost-
on risk, and then tailors solutions to those benefit and comparative-risk analyses of environ-
needs through the participation of , mental regulations. In addition to creating a new
stakeholders in every phase of the process. Department of Environmental Protection, the Sen-
ate-passed measure would create a Bureau of En-
CWA Hearing - Continued on Page 3 Cabinet Bill • Continued on Page 5
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NPS Proposal Circulated for Comment
Congressman James Oberstar (D-MN), the author
of the nonpomt source provisions in the 1987
Clean Water Act Amendments, is working on a
comprehensive proposal to strengthen Federal
efforts to combat polluted run-off. His draft bill
would require states to submit revised NPS man-
agement programs for EPA approval. Under the
program, states would be required to identify and
prioritize watersheds into five groups, and de-
velop 4-year watershed plans that would be devel-
oped and implemented on an iterative basis, with
the ultimate goal of achieving full restoration of all
waterbodies within 16 years. The proposal calls
for targeted watersheds to undertake certain man-
agement measures, including site-level plans by
landowners and operators, inthe first four years of
the plan. Total Maximum Daily Loads (TMDL5)
for nonpoint sources would also be required as a
part of the watershed program. More stringent
management measures would be required in each
succeeding two-year period until full restoration
is achieved.
If states fail to comply with the new requirements,
they would lose Section 319 monies and would be
denied new 402 permits and new 404 permits
(unless the watershed is in compliance). More-
over, if states fail to submit a revised management
program, EPA would be required to develop a
plan and implementation program. The draft bill
also includes provisions for enhanced nonpoint
source controls on Federal lands; the development
of numeric water quality criteria for nonpoint
sources; and the establishment of a Citizen Water-
shed Monitoring Program.
Hayes Discusses Wetlands with Congressional
Sun Belt Caucus
On April 1, Congressman Jimmy Hayes (D-LA)
gave a presentation to. Congressional staffers of
the Sun Belt Caucus about his proposal, H.R. 1330,
the Comprehensive Wetlands Conservation and
Management Act. H.R 1330, which is identical to
legislation Hayes introduced last session, was in-
troduced on February 24th. The bifi currently has
81 cosponsors.
The bifi would dassify all wetlands into three
categories and regulate them accordingly. Class
A wetlands, which would be defined as wetlands
providing critical wetlands habitat, would be pur-
chased by the Federal government or at the prop-
erty owner’s option, and would be regulated un-
der a process similar to the current Section 404
program. Class B wetlands, which would be
defined as wetlands having significant ecological
value, would be judged on a case-by-case basis
under a regulatory program less stringent than
the current Section 404 program; while Class C
wetlands, which would be defined as wetlands
serving limited ecological functions, would go
unregulated. If a landowner accepts compensa-
tion for a Class A wetland, it would constitute a
“taking” under the Fifth Amendment. In addi-
tion, H.R. 1330 would place jurisdiction for the 404
program solely under the Army Corps of Engi-
neers, thus eliminating the role of the Fish and
Wildlife Service and the EPA, including EPA’s
current authority to veto permits.
In his talk before the Caucus, Hayes noted his
support for mitigation banking on a large scale,
and he said he was favorable to Carol Browner’s
approach in Florida. He down-played the impor-
tance of the National Academy of Sciences (NAS)
study on wetlands delineation, arguing that there
are enough studies on the issue. Hayes said he
thinks there is going to be a backlash by private
landowners against wetland regulations. He
added that he thinks there wifi soon be a case
brought before the courts with broader implica-
tions than the Lucas decision, in which the Su-
preme Court ruled that a “taking” could occur
when a property owner is deprived of all eco-
nomic beneficial uses of a property. Hayes cited
marsh restoration management projects as indica-
tive of problems with the current 404 process, and
he complained that permits either are being held
up by long delays or being denied altogether.
Hayes argued in support of a categorization sys-
tem for wetlands based on function and value, like
the approach he advocates in H.R. 1330. Finally,
he argued for the need to mitigate economic losses
of property owners.
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Spring 1993
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Browner Hearing - Continued from Page 1
On polluted runoff, Administrator Browner called
for more effective local management; dearer tech-
nical baselines; improved scientific tools; and in-
creased cooperation with other Federal agendes.
She said voluntary approaches should remain the
primary focus, but there should be backup Federal
enforcement when voluntary approaches fail. She
also advocated the creation of a new, expanded
SRF that will be used to address polluted run-off,
stormwater and combined sewer overflows.
A common theme throughout the hearing was the
need for enhanced flexibility at the state and local
level. Members on both sides of the aisle said they
were frustrated with “top down” mandates from
Washington that fail to take into account the unique
problems and financial burdens facing local com-
munities. Full Committee ChairmanNormMineta
(D-CA) suggested that the CWAbe modelled after
provisions adopted in last year’s Intermodal Sur-
face Transportation Efficiency Act (ISTEA) to en-
sure meaningful involvement by states and locali-
ties. Browner explained that the watershed pro-
tection approach, which calls for stakeholder in-
volvement, is a way to empower states and locals
to make the tough decisions that need to be made.
Several committee Members, induding Chairman
Mineta, embraced the concept of a watershed-
based approach. Congressman Gilchrest (D-MD)
agreed; however, he asked how wetlands protec-
tion would work under the watershed approach.
The Administrator responded that we must strive
to include wetlands in the watershed approach —
since they also are parts of larger ecosystems —
and she said EMAP and Advance Identification
(ADID) of wetlands are two important tools we
can use to accomplish this goal.
With regard to Section 404, Congressman Quinn
(R-NY) asked how the permit process could be
streamlined. The Administrator said she would
be back before the committee in the future to
discuss the wetlands issue. She did mention,
however, the ongoing National Academy of Sd-
ences (NAS) study and administrative efforts un-
derway to improve the program. Several Mem-
bers praised her testimony last Congress on behalf
of Florida’s Department of Regulation. Chairman
Mineta and others indicated an intention to ad-
dress wetlands issues even though the NAS study
might not be available.
Committee Members were complementary of the
Administrator’s past environmental record and
said they looked forward to working with her and
addressing her in future hearings as Madame
Secretary.
House Committee listens to various groups on
CWA
The Water Resources Subcommittee began its C WA
reauthorization hearings listening to testimony
from various state and local organizations, indud-
ing the National Governors Association, the Asso-
dation of State and Interstate Water PollutiOn
Control Administrators (AS1WPCA), the Coastal
States Organization, Water Quality 2000, the As-
sociation of Metropolitan Sewerage Agencies
(AMSA), and the National Conference of Mayors.
Interested Members of Congress, the environmen-
tal community, and agricultural interests also have
presented testimony.
Testimony from the state and local organizations
emphasized the need for enhanced flexibffity, in-
creased funding for Section 319 and SRF programs
along with expanded eligibifity for their use. Wit-
nesses all agreed that CWA requirements cannot
be met with current funding levels. Wetlands
issues were periodically raised by the state and
local organizations, who noted their support for
facilitating state assumption and developing a
scientific-based definition for wetlands. There
OWOWLegislafive News
Spring 1993
Page 3
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was also a brief discussion about whether the
Section 404 program should be under the jurisdic-
tion of one Federal agency. On nonpoint source
issues, state and local organizations noted their
opposition to prescriptive Federal mandates, and
they said they supported a voluntary approach.
The Coastal States Organization argued for a con-
tinuing Federal role in the Comprehensive Con-
servation and Management Programs under the
National Estuary Program, advocating the use of
SRF funds for implementation purposes. Water
Quality 2000 and AMSA presented their legisla-
tive proposals to the committee, arguing for a
watershed-based approach to address the nation’s
remaining water resource problems.
Members of Congress testified in support of bills
they would like to see incorporated into the CWA.
Congressman Don Edwards (1)-CA) spoke in sup-
port of his bifi, H.R 350, the Wetlands Reform Act;
Congressman Frank Pallone (1)-NJ) testified about
legislation he plans to introduce to require manda-
tory minimum fines for CWA violations; and Con-
gressman Peter Visciosky (D-IN) talked about his
proposal, H.R.1801, which would create a sepa-
rate Clean Water Act Trust Fund established with
penalties from enforcement actions. Congress-
man Ben Cardin (D-MD) discussed his proposal,
the Chesapeake Bay Restoration Act. Several
members of the Florida delegation, including Con-
gressman Clay Shaw, presented their proposal,
Save the Florida Bay. Act (see attached article), and
Congressmen Guy Ackerman (1)-NY) and Chris-
topher Shays (R-CT) spoke in support of their bifi,
the Long Island Sound Restoration Act. Finally,
Congresswoman Eleanor Holmes-Norton testi-
fied about legislation she is drafting to save the
“rivers that built America.” Congresswoman
Norton wffl be proposing an urban watershed
restoration program to try to address the severe
pollution problems resulting from years of indus-
trialization in our largest cities, induding the
Anacostia River, which recently received the du-
bious distinction as being the most polluted urban
river in America.
Environmental groups argued for a strengthened
CWA, particularly with regard to addressing per-
sistent toxics and contaminated sediments, and
they noted their support for H.R. 350, the Wet-
lands Reform Act (see March Legislative News).
They also endorsed a watershed-based approach,
along with increased focus on the physical and
biological integrity of our nation’s waters.
The National Cattlemen’s Assodation, the Na-
tional Agricultural Retailers, the National Pork
Producers Coundi and the Crop Commodities
Organization presented views on behalf of the
agriculture community. In general, the organiza-
tions questioned whether attainment ofsomeCWA
goals are feasible (i.e. restoring some waters to
their “natural state.”). The groups said they were
willing and able to address nonpoint source prob-
lems, as long as adequate resources and technical
assistance are made available. They also said
there is a need for dear, concise, comprehensive
conservation and management strategies for agri-
cUltUral users, and noted their support for H.R.
1440 (see attached artide) Finally, they expressed
support for Congressman Hayes’ wetlands bifi,
H.R 1330 (see attached article).
Senate CWA Bill Scheduled for Introduction
this Spring
On the Senate side, Senator Max Baucus (D-MT),
chairman of the Senate Environment and Public
Works Committee, is planning to introduce a Clean
Water Act reauthorization measure at the end of
May. OW’s Acting Administrator, Martha Prothro,
has been meeting regularly with majority and
minority staff inan effort to assist the committee in
drafting its proposal.
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Spring 1993
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Cabinet Bill - Continued from page 1
vironmental Statistics within the flew department.
It is argued the bureau wifi help justify and give
credence to environmental daims and enhance
data collection efforts. EPA has been the subject
of criticism from GAO for its failure to compile
and disseminate information on the condition of
the environment. S. 171 also would establish a
temporary environmental policy commission
charged with making recommendations on how
to improve administration of the new Depart-
ment. The bill would further establish an Office of
Environmental Justice to address the issue of envi-
ronmental equity. and would require that a new
Assistant Secretary be appointed for Indian Af-
fairs. Finally, S. 171 indudes a provision that
would place a prohibition on contracting out to
private companies tasks that are “inherently gov-
ernniental.”
To deal with the politically-charged issue of abol-
ishment of the Council of Environmental Quality
(CEQ), Senate lawmakers reached a compromise
with the White House. Many Senators shared the
concerns of the environmental community that
elimination of the statutory requirement for an
environmental office within the White House could
allow future Presidents to disregard environmen-
tal considerations when making policy decisions.
Under the agreement, the President agreed to
formally establish his newly-created White House
Office of Environmental Policy by executive or-
der, thus giving it legal standing as a thstinct ’
entity. This new office would assume most of the
duties of the former CEQ, except authority under
the National Environmental Policy Act (NEPA)
would be transferred from the former CEQ to the
new Department of the Environment. The White
House would, however, reserve its authority to
settle any interagency disputes.
The House has been holding hearings over the
past few weeks in preparation for approving its
own legislative proposal on Cabinet status.
Estuary Restoralion and Financing Bill
Introduced
Congresswomen Rosa Delauro (D-CT) and Nita
Lowey (D-NY) introduced Hit 1720, the Water
Pollution Control and Estuary Restoration Fund-
ing Act on April l9tK The bill, which has been
referred to the House Committees on Merchant
Marine and Fisheries and Public Works and Trans-
portation, currently has 51 cosponsors. Senator
Joseph Lieberman (1)-CT) recently introduced a
companion bifi in the Senate.
The bifi would increase funding for the State Re-
volving Loan (SRF), authorizing $4 billion in FY94
and FY95 and $5 billion in FY96 through year 2000,
allowing for a certain percentage of these funds to
be used for restoration of “estuaries of national
significance” under Section 320. The percentage
of set-asides for estuaries would begin at 2.5% in
FY94 ($100 million), increasing to 15% in year 2000
($750 million). To qualify for the funds, states
would have to have approved Comprehensive
Conservation and Management Plans (CCMPs)
along with a strategy for cost-effective implemen-
tation and specific estimates of funding needs. It
also would authorize $50 million per year through
FY 94 for EPA grants for funding projects such as
innovative technology demonstrations, integrated
farm management and other polluted run-off
abatement efforts, and public educatioit
Additionally, the bifi would make several statu-
tory changes to Section 320, induding a provision
darifying that implementation of estuary man-
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Spring 1993
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agement plans is a non-discretionary duty of EPA.
It would also require EPA to publish guidelines
setting out criteria for the development, approval
andimplementationofCCMPS. Under H.R 1720,
management conferences would be required to
ensure full coordination and consistency with the
CWA and the Coastal Zone Management Act, in
addition to coordinating plans with the activities
of all Federal agencies. States would be required
to assess their statutory authorities, and prior to a
plan’s final approvaL Governors would have to
certify that they have the authority to undertake
the.actions called for in the CCMP. Finally, the
proposal would extend the public comment pe-
riod in the development and approval of CCMPs
and would authorize the extension of manage-
ment conferences 5 years beyond the completion
of the management plan for implementation and
monitoring purposes.
Davies testifies at Contaminated Sediment
Disposal Hearing
The House Merchant Marine Subcommittee on
Oceanography held an oversight hearing at the
end of March to examine the disposal of contami-
nated dredged materials from ports and harbors.
Inparticular, the hearmg sought to explore whether
an ocean dumping permit should be issued for the
Port Authority of New Jersey and New York to
dump dredged materials, which are contaminated
with low-levels of dioxin, from the Port Newark-
Elizabeth Harbor at the Mud Dump site, an EPA-
designated site six miles off Sandy Hook, New
Jersey.
The Army Corps of Engineers (COE) issued a
permit for the project, but it was suspended on
February 18th after EPA determined that the
amount to be disposed of exceeded the amount in
the COE’s public notice. Although EPA found the
initial permit request within acceptable limits for
ocean disposal (provided it was capped), there
were concerns that the additional volume might
alter the characteristics of the materials and make
it unacceptable for ocean disposaL The COE,
therefore, ordered the Port Authority to conduct
additional testing of the project. The subsequent
sediment tests showed the additional material
was also in compliance with EPA’s criteria. In the
interim, however, the National Marine Fisheries
Service (NMFS) raised concerns about the poten-
tial effects of the dredged materials on endan-
gered species in the area of the dump site, includ-
ing sea turtles, whales, and shortnosed sturgeon.
EPA has, therefore, conditionally concurred on
the project pending ongoing COE consultations
with the NMFS.
The hearing was called at the request of Congress-
man James Saxton (R-NJ), who along with other
members of the New Jersey delegation, gave open-
ing statements in strong opposition to the permit,
arguing it endangered public health and threat-
ened New Jersey’s fishing and tourism industries.
Congressman Frank Pallone (D-NJ) announced
his plans to fight it, and he encouraged the envi-
ronmental community to bring suit to prevent the
permit from being issued. Moreover, Pallone
challenged the COE and EPA on the safety of
“capping” the material at the Mud Dump site,
which entails covering the materials with a one-
meter layer of clean sediments. He quoted find-
ings from a Science Applications International
Corporation (SAIC) report that dredged materials
have been “lost,” due to erosion, storm-induced
wave action and/or poor dumping operations.
Morgan Rees, Deputy Assistant Secretary of the
Army for Civil Works, discussed how mainte-
nance of our nation’s harbors is critical to our
nation’s economic vitality. He argued that there
are extensive checks and balances that are re-
quired under the CWA, the Rivers and Harbors
Act and the Marine Protection, Research and Sanc-
tuaries Act, and he said that the COE followed the
required procedures in the Port of Elizabeth/Port
of Newark permit, and said EPA acted properly in
calling for additional sampling.
Acting Deputy Administrator for Water Tudor
Davies explained EPA’s statutory responsibilities
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Spring 1993
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with regard to permitting, site-designation and
monitoring for ocean disposal, and he discussed
how EPA has been carrying out its additional
responsibilities under the 1992 Water Resources
Development Act (WRDA) to develop long-term
site management plans with the COE with oppor-
tunity for public comment. He also noted EPA’s
continuing work in developing sediment quality
criteria under Section 304 (a) (1) of the CWA. With
regard to the permit for Port Elizabeth/Newark,
Davies explained it was subject to close review
because the sediments contained low-levels of
dioxin. Finally, Davies said that EPA Region II is
seeking to facilitate consensus on future disposal
activities in New York/New Jersey Harbor by
organizing a forum to bring together all the inter-
ested parties.
The committee also heard testimony from Sarah
Clark of the Environmental Defense Fund, who.
stated that “capping” contaminated sediments
does notnecessarilypreventbioaccumulatiori She
said that increased levels of dioxin and PCBs have
been found in samples of lobster and bluefish in
nearshore waters to the Mud Dump Site, and she
claimed EPA’s dioxinbioaccumulation criteria are
flawed. Finally, the committee heard from scien-
tists with the Department of the Army and Rutgers
University who discussed current technologies
for disposing of contaminated sediments, includ-
ing remediation, and potential alternatives to ocean
disposal.
Hearings Held on Legislation to Consolidate
Farm Plans
The House Agriculture Subcommittee on Envi-
ronment, Credit and Rural Development has been
holding hearings on a bifi introduced by the Sub-
cómniittee Chairman Glenn English (D-OkIa.), H.R
1440, which seeks to consolidate all conservation
and environmental plans required of farmers into
a single plan that would be under the jurisdiction
of a single agency, the Department of Agriculture.
English says farmers must comply with as many
as six plans, which involve planning requirements
developed by numerous environmental and con-
servation agencies. His intent is to promote the
development of one, comprehensive resource
management plan for each farm.
In its testimony before the committee, the Na-
tional Resources Defense Council (NRDC) ex-
pressed serious concerns about H.R 1440. While
the environmental organization agrees with Con-
gressman English’s objective, NRDC is concerned
that a “liability protection” clause in the legisla-
tion could be interpreted as exempting landown-
ers from complying with other environmental
statutes and requirements if they are considered
in compliance with the overall plan. Moreover,
NRDC thinks that there should be a role for EPA
and the Fishand Wildlife Service inoverseeingthe
plans. Congressman English, however, disagrees
with NRDC. He says the proposed legislation will
not affect any current or future laws, regulations
or rules. Although the Soil and Conservation
Service (SCS) was invited to testify at the hearing,
it was unable to comment on the legislation pend-
ing the current reorganization of the Agriculture
Department.
Wayland, Regions I and II testify on CCMP
for Long Island Sound
The Congressional Long Island Sound Caucus,
composed of Members of Congress whose dis-
tricts border Long Island Sound (LIS), held a hear-
ing on March 17 to discuss the draft Comprehen-
sive Conservation and Management Plan (CCMP).
The draft CCMP, which was released in February,
is to serve as the blueprint for protecting and
restoring the Sound, which was designated an
“estuary of national significance” inthe l987Clean
Water Act Amendments. In addition to OWOW
Director Bob Wayland, witnesses induded Paul
Keough, Acting Regional Administrator for Re-
gion I; Kevin Bricke, Deputy Water Division Di-
rector for Region II; Mark Tedesco, Director of the
LIS Office in Stamford; Commissioners from the
Connecticut and New York State environmental
protection agencies, Dr. Kurt Hess, NOAA; and
Jeffrey Kane, Citizen’s Campaign for the Environ-
ment.
The LIS Study has identified excessive nitrogen
loadings as the primary cause of hypoxia or low
dissolved oxygen. Hypoxia threatens the Sound’s
valuable aquatic resources and habitat, and it is
blamed for fish kills and increased mortality rates
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Spring 1993
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Wetlands Briefing for Congressional Staff
amongbottom-dwelling species, particularly along
the Sound’s western and central shores and
embayments. While the draft CCMP discusses the
severity of the hypoxia problem, it outlines only
interm steps to be taken to reduce nitrogen inputs
until the Study’s hydrodynarnic model, whkh
scientists say will help determine total nitrogen
loadings for different management zones, is com-
pleted. The modeling effort, which has been sub-
ject to numerous delays, has been a source of
frustration for the Caucus, which is anxious to
begin implementing a finalized CCMP.
Members of the Caucus, including co-chairs Chris-
topher Shays (R-CT) of Connecticut and Nita
Lowey (D-NY) of New York, praised the coopera-
tive effort behind the Study, which they acknowl-
edged has provided tremendous insight into the
Sound’s problems; at the same time, however,
they pointed out specific areas of critical concern
with the draft CCMP. Members specifically criti-
cized the plan for its lack of specific numeric
targets for reductions in nitrogen loadings and
timetables for meeting those reductions. In addi-
tion, there was general agreement among the Cau-
cus Members that the draft needs to convey a
much stronger sense of urgency — that if action is
not taken immediately, the Sound may become a
totally dead sea. Moreover, Congresswoman
Rosa DeLauro (1)-CT) noted that it fails to include
any estimates of the number of jobs that could be
created in restoring the Sound to full health. Fi-
nally, the draft CCMP was criticized for being
poorly organized and for failing to discuss the
plan in layman’s terms.
OWOW’s Bob Wayland emphasized that there
wifi be numerous opportunities to improve the
draft CCMP, and he explained that a marathon
series of public hearings will be held. He also
noted that it wifi be widely circulated for comment
within EPA. Finally, two environmental advo-
cacy groups submitted a list of 75 recommenda-
tions to the Caucus on how to improve the cleanup
plan. All the witnesses acknowledged that the
draft CCMP needs a major overhaul and pledged
to work to improve the document based upon
issues raised at the hearing.
OWOW recently held two briefings on wetlands
for legislative aides of new Members of the House
Merchant Marine and Fisheries, Agriculture, and
Public Works and Transportation Committees.
The briefings were designed to provide basic in-
formation on wetlands and to explain how EPA
protects wetlands. OWOW’s Bob Wayland gave
a short slide presentation, after which he and
members of the Wetlands Branch were available
for questions and answers. Staff were given a
package of 32 fact sheets on the major issues
surrounding wetlands protection, induding: cat-
egorization, how wetlands are identified, wet-
lands and private property, and State programs
and roles. Several of the aides wifi be attending
a field trip in early May to the Jug Bay Wetlands
Sanctuary in Maryland. Copies of the Wetlands
Facts Sheets and bifis relevant to wetlands are
available by calling the EPA Wetlands Hotline, 1-
800-832-7828.
Florida Bay Bill Introduced
Congressman Clay Shaw (R-FL) introduced legis-
lation, H.R. 1564, Save the Florida Bay Act of 1993,
which seeks to prevent the accelerating degrada-
tion of the Florida Bay. Plankton blooms, in-
creased salinity, and temperature changes are
threatening this valuable ecosystem. Seagrass,
mangroves and sponges are dying at an alarming
rate, and the nearby coral reefs are also endan-
gered by the physical changes in the Bay.
H.R. 1564 would require the creation of an inter-
agency commission, including representatives
from the Department of the Interior, the EPA, the
COE, and the National Marine Fisheries Service to
develop a program to restore the Florida Bay,
which would assign the respective agencies spe-
cific responsibilities in the effort. The bifi also
would make Florida Bay eligible for priority con-
sideration as an “estuary of national significance”
under Section 320. Congressman Shaw’s aide
noted, however, that the bill may be modified to
make it more action-oriented given the urgent
need to address the Bay’s problems.
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