EPA 908-R-08-030
Winter 2008
A Publication of The U.S. Environmental Protection Agency, Region 8 Ecosystem Protection Program
vvEPA
U.S.EPA
Protection
Agency
8EPR-EP
Denver, CO 80202-1129
In this Issue:
What is Climate
Change, Who is
Saying What, and
Why Should You
Care?
Goodbye to Brad
In or Out?
The New Rules for
Determining if
Waterbodies are
Protected By the
Clean Water Act
Waterborne
Pathogens: A Threat
to Drinking Water
Sources?
Funding
Opportunities
Conferences and
Trainings
Publications and Web
Resources
1
3
4
5
6
6
6
"Global warming may be the most serious environmental threat facing the
West. « " '
-Turlock, 1991
What is Climate
Change, Who is Saying
What, and Why Should
You Care?
~ Carol Russell, EPA
Region 8
The term climate change
refers to any significant
change in measures of climate
(such as temperature,
precipitation, or wind) lasting
for an extended period
(decades or longer). Although
the term climate change is
often used interchangeably
with the term global warming,
the National Academy of
Sciences prefers climate
change because there are other
changes in addition to rising
temperatures. In some circles,
the term is further evolving
into Global Change (as in
EPA's Office of Research and
Development Global Change
Research Program) to reflect
the scope of the issue.
The Intergovernmental Panel on
Climate Change (IPCC) received the
Nobel Peace Prize with Al Gore for
their work on climate change ~ visit
www.ipcc.ch. The IPCC was
established almost 20 years ago by the
World Meteorological Organization
and the United Nations Environment
Program to provide a clear, balanced
(Continued on page 2)
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"Global warming may be the most serious environ-
mental threat facing the West. If, as many believe,
global warming is occurring, there is increased ur-
gency to begin the necessary modification of our
historic water allocation policies, which are prem-
ised on an unlimited ability to outwit nature to ac-
commodate all people attracted to the West. Federal
and state western water managers are presented
with a unique opportunity to begin the task of de-
signing a set of water allocation institutions that will
allow the modern West to continue as a viable re-
gion, even as aridity becomes an operational fact of
daily life."
view of the present state of understanding of climate
change on a global scale. The IPCC doesn't do research
itself: it reviews and assesses the scientific, technical and
socio-economic information published in the scientific
literature. The Fourth Assessment Report is an
overwhelming body of evidence regarding climate
change, noting key impacts that are probably inevitable
for the planet. For example, North America is projected
to warm between 3-4 degrees F by 2100, depending on
the region (IPCC, 2007). Other expected impacts include:
- Summer heat extremes will become more frequent and
last for longer periods,
- Storms may become more severe and rain rather than
snow,
- Air conditioning and water demand will stress utilities,
- Vulnerable populations will suffer from heat-related
illnesses,
- Summer air pollution levels will increase,
- Ecosystem structures will change,
- Wildfire seasons will be longer and more intense,
- Winter thawing will come earlier, possibly
increasing flooding and placing added stress on
reservoirs, and
- Groundwater aquifers will become depleted and
stream base flows will decrease.
On a National scale, Ben Grumbles Assistance Director
of EPA's Office of Water) recently said: "EPA and its
partners, locally and globally, are learning more and
doing more to confront the serious challenges of
climate change. Increasingly, we understand climate
change may have impacts on water resources, and
watersheds and affect our efforts to ensure progress
under the Clean Water Act, Safe Drinking Water
Act, and various ocean and coastal laws." Soon, EPA
will be releasing its draft Climate Change Strategy
for Water at: www.epa. gov/climatechange/
Please respond to Carol Russell, EPA
Region 8, if you would like to be notified
when the draft strategy is released. Contact
information is given below.
Regionally, following the suggestion of several State
Environmental and Agricultural Directors at a June
2007 meeting in Denver, "Climate Change" was
added to the list of Region 8 priorities. Some
examples of current climate change activities
include: ENERGY STAR and other energy-saving
programs, Water Wise and utility water conservation
efforts, using NEPA to promote energy efficiency
and greenhouse gas emissions reduction, promoting
renewable energy, encouraging recycling, and
climate change education.
For EPA Region 8 activities go to:
www.epa.gov/region8/climatechange/
Another source of regional water information is
sponsored by the National Oceanic and Atmospheric
Administration (NOAA) and the University of
Colorado through the Western Water Assessment at
wwa.colorado.edu
Many States, Tribal Nations and local
governments have also moved to adopt climate
change initiatives, such as: Colorado
www.cdphe.state.co.us. Montana
www.mtclimatechange.us/
and Utah www.deq.utah.gov/brac_climate.
Personally, what can you do at home, work and
on the road?
- Use energy wisely: install timed thermostats,
increase insulation, change to compact fluorescent
light bulbs, and purchase ENERGY STAR
products,
- Reduce, reuse and recycle: not just newspapers and
aluminum but water and compostable materials (or
food waste),
- Manage office equipment efficiently, use less
energy in your commute, and encourage your
business to look at its carbon footprint (e.g., have
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Brad Crowder — Friend, co-worker, and passionate steward of the environment
~ Photo by Tonya Fish, EPA Region 8
teleconferences rather than face-to-face meetings),
- Purchase vehicles with a thought to the environment;
drive smart and save money, check your tires and tune
your ride.
For more information, contact Carol Russell, EPA
Region 8 Water Climate Coordinator at 303-312-6310
(russell.carol@epa.gov). or Laura Farris, EPA Region
8 Climate Change Coordinator at 303-312-6388
(farris.laura@epa.gov).
Goodbye to Brad
~ Wayne Wathen and Phil Strobel, EPA Region 8
Everyone needs a friend, and anyone who is passionate
about protecting and preserving environmental resources
places a high value on friends who share their passion.
We lost such a person on September 18th, 2007, after a
short bout with pancreatic cancer. That friend and
environmental watchdog was Brad Crowder.
Brad's professional career included time with the
Bureau of Reclamation in Denver, and with EPA in
headquarters and in Region 8. Most of his time in
Region 8 was in the NEPA Program where he worked
with great success to improve environmental
outcomes in Federal decisions. In his civil service
career, and in his life outside of work, Brad strove to
make this a better world. As his wife, Debbie, has
stated, "Brad's passion, vision and courage inspired
his friends and co-workers."
We can honor Brad's memory by maintaining our
resilience and demonstrating an unwavering
commitment to a better environment for the
generations to follow. We owe it to him, to Debbie,
and to our planet.
(Continued on page 4)
"Our lives begin to end the day we become silent
about things that matter."
~Dr. Rev. Martin Luther King, Jr.
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PingreePark Valley, North of Rocky Mountain National Park, Colorado
• Photo by Peter Ismert, EPA Region 8
In or Out? The New Rulebook for
Determining if Waterbodies are Protected
by the Clean Water Act
~ Noah Greenberg, EPA Region 8 Intern
Since last June, the EPA Region 8 Wetlands team has
spent a lot of time coordinating with the Army Corps of
Engineers (Corps) to determine which aquatic habitats
receive the protection of the federal Clean Water Act
(CWA). In the past seven years, two Supreme Court
cases have restricted CWA protection, leaving many
waterbodies such as wetlands and streams vulnerable to
alteration and development. One type of vulnerable
waterbody, ephemeral streams, can make up the majority
of the surface waters in a watershed, especially in the
Central and Western United States. Ephemeral streams
flow only in direct response to precipitation. These
streams are the source of water for downstream
waterbodies and provide physical habitat, nutrients, food
sources and sediment. Some ephemeral streams and
isolated waterbodies now require a greater level of proof
of their connection to traditionally navigable waters
(TNW), or of their importance to interstate commerce,
in order to be subject to CWA regulations. The task of
sifting through the data and making a jurisdictional
determination (JD) as to which waterbodies are
protected by the CWA is shared by EPA and the
Corps.
In the 2001 United States Supreme Court case
SWANCC v. Army Corps of Engineers, the Court ruled
that CWA jurisdiction was being overextended under
the "migratory bird" rule. This language indicated that
wetlands used by migratory birds may be jurisdictional
(protected) under the CWA due to the interstate
commerce created through hunting and bird-watching.
Then, in 2006, in the consolidated Supreme Court case
now referred to as Rapanos, the Court stated that the
Army Corps of Engineers had not fully explained why
a waterbody was jurisdictional under the CWA. In the
Rapanos plurality opinion, the judges issued two
different ways of determining CWA jurisdiction. (A
plurality opinion is the opinion from a group of
justices in which no single opinion received the
support of a majority of the court. This is a rare
-------
occurrence.) In Justice Scalia's opinion, CWA
protection extends from traditionally navigable waters
(TNW) to their "relatively permanent" tributaries and
associated wetlands. In Justice Kennedy's opinion, the
CWA should protect those waters which have a
physically, chemically, or biologically "significant
nexus" (connection) to TNW. EPA and the Corps are
trying to be responsive to both the Scalia and Kennedy
opinions issued in this case.
These opinions written by Scalia and Kennedy have
significantly different implications for which
waterbodies are considered jurisdictional under the
CWA. Waterbodies located close to each other will
often share physical, chemical and biological
connections. However, some may not share an actual
surface connection through a stream or tributary, as
required by Scalia's definition. In this respect, Justice
Kennedy's opinion of CWA jurisdiction may include
more aquatic habitat than Justice Scalia's. To meet
Justice Kennedy's interpretation of the CWA, however,
there must be sufficient evidence to support the
connection or "significant nexus" between a waterbody
and a TNW. Developing the evidence to make this
determination can be a difficult and complex task.
Since last June, EPA and the Corps have worked
together to issue JDs through a process which responds
to the Rapanos decision. JDs are required any time
material may be discharged into a waterbody as a result
of various regulated activities. A JD establishes
whether or not the waterbody is subject to the CWA
Section 404 regulatory program ("dredge and fill"). In
this process, a draft JD is issued by the Corps and
reviewed by EPA. Each waterbody is evaluated
individually to determine if it meets either Justice
Scalia's or Justice Kennedy's criteria for jurisdiction, as
stated in the June 2007 guidance.
EPA and the Corps are expected to use all available
data to make an appropriate decision on CWA
jurisdiction. The draft guidance and JD handbook,
available on the Corps website listed below, discuss the
standards that are currently being used to assert
jurisdiction. A public comment period on the draft
guidance has recently closed and review is underway by
EPA and the Corps to determine if, and how, the JD
coordination process should be changed to enhance
efficiency and accuracy. The conclusion of this review
is expected in the summer of 2008 and will be available
on both the EPA and the Corps websites (see links
below). If you have any further questions about the JD
process, please contact: Brian Caruso at (303)312-
6573 or caruso.brian@epa.gov
For more information go to:
EPA CWA jurisdiction page:
www.epa.gov/owow/wetlands/guidance/
CWAwaters.html
Army Corps or Engineers Jurisdictional Determination
homepage:
www.saw.usace.arniy.mil/WETLANDS/JDs/
Waterborne Pathogens: A Threat to
Drinking Water Sources?
Primer Explains Threats and Ways to
Reduce Risk
~ The Groundwater Foundation
Preventing pathogenic contamination is vitally
important to public health. Waterborne pathogens are
organisms that live and thrive in water supplies,
including rivers, lakes, streams, and even some
aquifers. When these water supplies are used for
drinking, the pathogens in the supplies can cause people
to become sick and even die. In the United States,
public water supplies are regularly tested, monitored
and, if needed, treated to prevent illness and death.
Protecting Our Water: A Primer for Preventing
Pathogenic Contamination of Drinking Water Sources,
was developed by The Groundwater Foundation to
describe how pathogens get into drinking water, how to
identify and monitor land use for potential sources of
pathogens, and how to prevent pathogenic
contamination of drinking water sources. The primer
includes six case studies that describe how communities
can take action to reduce pathogenic threats to their
source water.
Non-community water systems are often at greater risk
from pathogenic threats. Non-community water
systems are those that serve a non-residential
population, and generally include churches, schools,
factories, hospitals, daycare facilities, roadside stops,
gas stations, commercial campgrounds, hotels,
restaurants, and other businesses. Information and a
case study about these types of systems are now
available as part of the primer.
To purchase a print copy or download a free electronic
copy of the primer, visit www.groundwater.org. This
primer is made possible with funding from the U.S.
Environmental Protection Agency Office of
Groundwater and Drinking Water and the Public Entity
Risk Institute. For more information, visit:
www.groundwater.org/pe/pathogens/pathogen.html
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Funding Opportunities
EPA CARE Grants
EPA announces the availability of around $3 million in
cooperative agreement funding through 2008 Community
Action for a Renewed Environment (CARE) request for
proposals. The application deadline is March 17, 2008.
EPA is soliciting proposals from eligible entities to
receive financial assistance through the CARE program.
This grant program helps communities form
collaborative partnerships, develop a comprehensive
understanding of the many sources of risk from toxics
and environmental pollutants, set priorities, and identify
and carry out projects to reduce risks through
collaborative action at the local level. EPA will award
two types of cooperative agreements (Level I and Level
II) under this solicitation as part of the CARE grant
program. The RFP is available on-line as a PDF file at:
www.epa.gov/air/grants/08-02.pdf. RFP # EPA-OAR-
IO-08-02 For additional information, visit
www.epa.gov/CARE/.
The CARE program will conduct two national
information sessions for cooperative agreement
applicants via national Internet seminars, or Webcasts, in
February 2008.
February 11, 2008 11:00 a.m. - 12:30 p.m. eastern time
February 27, 2008 10:00 a.m. - Noon eastern time
For more information about the upcoming Webcasts,
visit
www.epa.gov/CARE/agreements.htmffapplv
Five Star Restoration Challenge Grants
The Five Star Program provides financial assistance on a
competitive basis to support community-based wetland,
riparian and coastal habitat restoration projects that build
diverse partnerships and foster local natural resource
stewardship through education, outreach and training
activities
The deadline for applications is February 15, 2008. For
more information, visit www.nfwf.org/fivestar
Conferences and Training
The Ninth Annual National River Rally,May 2-5,
2008, Huron Ohio
The River Rally is a unique learning and training
opportunity for professional and volunteer river and
watershed leaders. Go to: www.rivernetwork.org
17th Annual Rocky Mountain Land Use
Institute Conference
March 6-7, 2008, University of Denver, Sturm
College of Law. The conference theme is "Sustaining
the Next 100 Million." For information, visit
www.law.du.edu/rmlui/
FLOW 2008: Interdisciplinary Solutions to
Instream Flow Problems
October 7-9, 2008, San Antonio, TX. Sponsored by the
Instream Flow Council. For more information, visit
www.instreamflowcouncil.org/
WEFTEC.08 Conference
October 18-22, 2008, Chicago, IL. The 81st Annual
Water Environment Federation Technical Exhibition
and Conference. For more information, visit
www.weftec.org
Publications and Web Resources
EPA's Watershed Academy Webcasts
EPA's Watershed Academy is pleased to sponsor free
Webcast seminars for local watershed organizations,
municipal leaders, and others. During the Webcasts,
trainees simultaneously log on to the Web and/or
participate by phone conference lines in live training
conducted by expert instructors. EPA plans to conduct
monthly Webcast seminars. Please note that there are a
limited number of toll-free phone lines available, so
please register early to guarantee your spot! For those
that are not able to register, a streaming audio version
of the training will be made available after each live
seminar for the public to listen to and view (see links
to previous Webcasts below).
www.epa.gov/watershedwebcasts/
The next webcast is: "Wastewater Utilities Using
Sustainable Watershed Approaches."
This Webcast will provide a brief introduction to
EPA's Sustainable Infrastructure Initiative and will
highlight the work of two utilities to use sustainable
watershed management approaches.
Since the last issue of Natural News, the following
Webcasts took place and are available to download:
1. Assessing Wetlands Loss/Conditions and
Restoration, September 26, 2007
2. Water, Energy, and Climate Change, Oct. 3, 2007
Watershed Financing ~ Moving Beyond Grants, Oct.
17, 2007
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3. Smart Growth and Green Infrastructure, Nov. 28,
2007
4. The Wastewater Information System Tools (TWIST)
for Managing Decentralized Systems, Jan. 16, 2008
EPA Reports on Clean Water Infrastructure
Needs
A new report from the EPA estimates $202.5 billion is
the nationwide capital investment needed to control
wastewater pollution for up to a 20-year period.
Delivered to Congress last week, the 2004 Clean
Watersheds Needs Survey summarizes the results of the
agency's 14th national survey on the needs of publicly
owned wastewater treatment works. The estimate
includes $134.4 billion for wastewater treatment and
collection systems, $54.8 billion for combined sewer
overflow corrections, and $9.0 billion for stormwater
management.
The report provides information to help the nation make
informed decisions about pollution control needs
necessary to meet the environmental and human health
objectives of the Clean Water Act. Wastewater
treatment utilities pay for infrastructure using revenue
from rates charged to customers and may finance large
projects using loans or bonds. State and federal funding
programs, such as EPA's Clean Water State Revolving
Fund program, are also available to help communities
meet their wastewater pollution control needs. The needs
in this survey represent a $16.1 billion (8.6%) increase
(in constant 2004 dollars) over the 2000 report. The
increase in overall national needs is due to a combination
of population growth, more protective water quality
standards, and aging infrastructure. More information on
the needs survey: http://www.epa.gov/cwns/
"Green Infrastructure" Plan to Benefit
Communities and the Environment
EPA, with state and national partners, released a
comprehensive plan to reduce runoff and increase
environmental and economic benefits for communities.
The strategy will help reduce stormwater runoff and
sewer overflows by promoting "green infrastructure"
approaches, such as green roofs, trees and tree boxes,
rain gardens, and porous pavements. Green
infrastructure techniques, technologies, and practices
reduce the amount of water and pollutants that run off a
site. These tools have many other benefits, including
cost savings, improved air quality, urban heat island
reductions, energy savings, water conservation, and
urban habitat creation.
The document, "Managing Wet Weather with Green
Infrastructure Action Strategy 2008," outlines ways to
bring green infrastructure technologies and approaches
into mainstream use for runoff and sewer overflow
management.
It represents a key set of actions that EPA and its
partners are taking to reduce projected impacts of
climate change. The plan includes 7 major
implementation areas: Research, Outreach and
Communication, Tools, Clean Water Act Regulatory
Support, Economic Viability and Funding,
Demonstrations and Recognition, and Partnerships and
Promotion. It was developed by EPA, American
Rivers, the Association of State and Interstate Water
Pollution Control Administrators, the National
Association of Clean Water Agencies, the Natural
Resources Defense Council, and the Low Impact
Development Center. More information on green
infrastructure:
www.epa.gov/npdes/greeninfrastructure/general
Stormwater Webcast Series
EPA's webcast series for municipal stormwater
professionals will resumed on February 6, 2008. This
year will feature five webcasts on a variety of topics,
including BMP Performance, Stormwater Retrofits,
Finding and Fixing Illicit Discharges, and MS4
Program Performance. As in past years, this year's
line up will feature speakers who are national experts
and each webcast will build upon the array of
information covered in past webcasts. To see the new
schedule (and to access recorded versions of past
webcasts), please visit:
www.epa.gov/npdes/training
It does not require a majority to prevail, but
rather, an irate tireless minority keen to set
brush fires in people's minds. "
~ Samuel Adams
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Volunteer Monitoring
Tina Laidlaw (406) 457-5016
laidlaw.tina@epa.gov
Wetlands
Paul Mclver (303) 312-6056
mciver.paul@epa.gov
Watersheds and Community-
Based Environmental Protection
Gary Kleeman (303) 312-6246
kleeman.gary@epa.gov
Ground Water
Darcy Campbell (303) 312-6709
campbell.darcy@epa.gov
protection frontfret*
Nonpoint Source Pollution
Peter Monahan (303) 312-6946
monahan.peter@epa.gov
EPA Region 8 Environmental
Information Service Center
1-800-227-8917
Natural News
Editor: Darcy Campbell
Layout: Greg Davis
If you have an article concerning ecosystem protec-
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Current and archived copies of the Natural News are available on the web at: www.epa.gov/region8/naturalnews
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