|-r. V
LV
 U.S. ENVIRONMENTAL PROTECTION AGENCY
 OFFICE OF WASTEWATER MANAGEMENT
             2008
OWM Accomplishments Report
                       A'TJSF
             H

     Clean and sustainable wate.
       now and in the future

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              Message from the Director
August 2009
Provide clean and safe
water for future gen-
erations.

This is the goal of all
programs in the Office
of Wastewater Man-
agement (OWM). Our
programs strive to en-
sure our surface wa-
ters and aquatic eco-
systems protect human
health; support eco-
nomic and recreational
activities;  and provide
healthy habitat for fish,
plants,  and wildlife.

The 2008 OWM Ac-
complishments Re-
port highlights some
of the most significant
performance mile-
stones that help OWM
meet its goals.
As we begin 2009, our
nation is starting to
understand it will be
difficult to simply main-
tain the gains we made
in the last 30 years.
We face unprece-
dented challenges in
the  coming years: fail-
ing  infrastructure, eco-
nomic struggles at
state and local levels,
and unregulated
sources of pollution.

Our successes in 2008
and the strong founda-
tion of Clean Water Act
inspired programs put
us in a strong position
to meet our goals.

To meet and overcome
our challenges, we will
need the help and
assistance of our
partners, including
state and local govern-
ments, tribes, and non-
government organiza-
tions.

Our challenges are
daunting; they
always are. However,
we owe it to our chil-
dren and grandchildren
to leave them the
same  or better water
quality we enjoy now.
    Jim Hanlon
    Director
    Office of Wastewater
    Management

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OWM Mission

To help meet the nation's
clean water goals by
ensuring that appropriate
regulatory standards,
voluntary management
approaches, information,
financial resources, and
technical assistance are
provided to states,
communities, and
regulated entities.
                            Contents
                                                                   Message from the Director 2
                                                                             OWM Mission 3
                                                                               About OWM 4
                                                                         Program Highlights 6
                                                                               Results Areas
Integrity—We aspire to
the highest levels of fiscal
and scientific reliability for
our staff, programs, and
research.

Efficiency—Through stra-
tegic planning and priori-
tizing and establishing
realistic goals, OWM has
a successful track record,
delivering substantial envi-
ronmental gains.
                                                            Clean Water State Revolving Fund 7

                                                                           Water Efficiency 8

                                                           Wet Weather / Stormwater Program !
         Sustainable Infrastructure Initiative  10
                         Rural Program  11

                State & Regional Program  12
State & Tribal Water Pollution Control Grants  13
                      Industrial Program  14
                Sustainable Communities  15
Results—Setting realistic
goals and reaching or
surpassing those goals is
the cornerstone of OWM's
strategic plan.

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OWM Leadership

James Hanlon, Director
Judy Davis, Deputy Director
Planning, Information &
Resources Management
Staff
Ben Hamm, Director
About the Office of Wastewater
Management

Clean Water is the ultimate goal of all OWM programs. Overall, our
programs are designed to ensure that not only is our water safe to
drink, but that our surface waters and aquatic ecosystems protect hu-
man health; support economic and recreational activities; and provide
healthy habitat for fish,  plants,  and wildlife. Our office supports EPA's
goals for clean and safe water and healthy communities and ecosys-
tems.
Municipal Support Division
Sheila Frace, Director
Bill Anderson, Deputy Director

Municipal Assistance Branch
 Kellie Kubena, Chief

Municipal Technology Branch
 Phil Zahreddine, Chief

State Revolving Fund Branch
 George Ames, Chief
Water Permits Division
Linda Boornazian, Director
Elaine Brenner, Assoc.
Director

State/Regional Branch
 Tom Laverty, Chief

Municipal Branch
 Connie Bosma, Chief

Rural Branch
 Allison Wiedeman, Chief
While OWM helps regulate and promote effective and responsible
wastewater treatment, our programs consist of more than just waste-
water management:

For the past 22 years, the Clean Water State Revolving Fund pro-
grams have financed over 24,000 water quality protection projects for
wastewater treatment and the control of nonpoint source pollution.

One of our newest programs, WaterSense, makes it easy for consum-
ers to find products and services that save water while ensuring product
performance.

Our Green Infrastructure
initiative focuses renewed at-
tention on a blossoming ap-
proach to stormwater manage-
ment and treats stormwater as
a valuable  resource rather than
as a problem.  It promotes the
use of green roofs, rain gar-
dens, porous pavements, and
other techniques that result  in
improved water and air quality,
energy and costs savings, en-
hanced water  supplies, habitat creation, and source water protection.

The National Pollution Discharge Elimination System
(NPDES)  Program controls water pollution by regulating point
sources that discharge pollutants into our surface waters.

Our Stormwater Program oversees  the control of stormwater runoff
through the issuance of NPDES stormwater permits and provides out-
reach and support to EPA Regions and states on issuance and over-
sight of those  permits. It also educates local governments, industries,
builders, and the public about the impact stormwater has on our local
waterways and how to keep pollutants out of stormwater.

Under our Sustainable Infrastructure Initiative, OWM is promot-
ing widespread adoption of better management practices, water effi-
ciency, full-cost pricing, and watershed  approaches to reduce costs and
increase system investments.

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How We  Do Our Work

The Office of Wastewater Management and its staff of more than 110
employees promote effective and responsible water use, treatment,
disposal, and management and encourage the protection and restora-
tion of watersheds. OWM is comprised of an Immediate Office of the
Director; the Water Permits Division (WPD); the Municipal Support Divi-
sion (MSD); and the Planning, Information and Resources Management
Staff (PIRMS).
Our Partners
    EPA Regional Offices

    State, Interstate, Tribal,
    and Local Programs

    Water and Wastewater
    Agencies

    Non-government
    Organizations

    Private Industry

    Regulated Community

    Academic Institutions

    Private Citizens
MSD helps manage the Clean Water State Revolving Fund pro-
grams; assists small communities and Indian tribes, U.S.-Mexico Bor-
der communities, and Alaska Native Villages; and develops special ap-
propriations acts projects. The division maintains and regularly updates
inventories and cost estimates of existing and needed future municipal
wastewater treatment works and capital  investments to meet the goals
of the Clean Water Act. In addition, the division publishes technical
information about conventional and innovative municipal wastewater
collection systems and treatment technologies and provides support
and technical assistance to EPA Regions and states to promote the
proper management of on-site and decentralized wastewater systems
nationwide. It also is promoting a national ethic of water efficiency and
market enhancement for water-efficient products, programs, and prac-
tices through the new WaterSense program.


\VPD provides national program direction to the National Pollutant
Discharge Elimination System (NPDES) permit, pretreatment, and sew-
age sludge management programs under sections 401, 402, and 405 of
the Clean Water Act, including: development of regulations, policy, and
guidance; development of national strategies; implementation manage-
ment; compliance  assurance; and overview of Regional and state op-
erations. The division also coordinates with the Office of Science and
Technology (OST) in the development of national standards for point
source controls, indirect dischargers, and biosolids use and disposal.
Budget

In FY 2008, OWM's programs,
including state and tribal as-
sistance, accounted for more
than $980 billion, or nearly
one-fifth of EPA's budget.
Through its programs and
initiatives, OWM promotes
compliance with the  require-
ments of the Clean Water Act
(CWA). Under the CWA,
OWM works in partnership
with EPA's Regions,  states,
local governments, and tribes
to regulate point source dis-
charges into surface waters
such as wetlands, lakes, riv-
ers, estuaries, bays,  and

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   Our Work

The NPDES Permit Program

Clean Water State Revolving
Fund

Clean Watersheds Needs
Survey

Sustainable Infrastructure

WaterSense Water Efficiency
Program

Onsite/Decentralized Waste-
water Systems Program

Innovative Management
Systems (EMS, Asset
Management, CMOM, etc.)

Infrastructure Grants
(Congressional Earmarks)

Outreach, Technical
Assistance, and Training
Programs

State and Tribal Program
Assistance (CWA Section
106)

Small Communities

U.S.-Mexico Border

Wastewater Treatment
Technologies

Water Quality Cooperative
Agreements (104(b)(3))
Highlights  — 2008 Results

Clean Water State Revolving Fund — Clean Water State Re-
volving Fund (CWSRF) programs provided $5.8 billion in 2008 to fund
water quality protection projects for wastewater treatment, nonpoint
source pollution control, and watershed and estuary management. To
date, CWSRFs have funded over $68.8 billion, providing over 22,700
low-interest loans.

                     Priority Permits — More than 95% of the
                     priority permits were issued for FY 2008. OWM
                     expanded the definition of "priority permits" to
                     allow states and Regions to target permits of
                     environmental concern that were previously
                     outside the guidelines of the traditional defini-
                     tion.

                     WaterSense — WaterSense launched its
                     Partner of the Year Awards this year. The
awards program recognizes partners in four categories—promotional,
manufacturer, retailer/distributor, and irrigation—that help to advance
the WaterSense mission, increase awareness of the program, and
demonstrate excellence in the water-efficiency arena.

NPDES Vessels Permit — OWM developed a new general  permit
that will help reduce releases of 26 types of discharges from vessels
operating in U.S. waters. The permit covers vessels  previously ex-
empt from Clean Water Act requirements and significantly expands
the NPDES universe.

Concentrated Animal Feeding Operations — OWM finalized
its concentrated animal feeding operations (CAFOs) rule, which em-
braces a zero discharge standard. For the first time,  nutrient manage-
ment plans for manure will be required as part of a CAFO's NPDES
permit application. The rule will prevent an estimated 56 million
pounds of phosphorus, 110 million pounds of nitrogen, and 2 billion
pounds of sediment from entering waterways annually.

Improving Management of Decentralized Systems —
OWM signed a voluntary agreement with 14
national organizations to participate in a
long-term, voluntary effort to strengthen
management of septic systems at the local
level by raising awareness, building local
capacity, and distributing technical informa-
tion to local officials.

Mexico Border — Seventy-four Border
Environment Infrastructure Fund projects, certified as of September
2008, provide the capacity to eliminate nearly 300 million gallons/day
of untreated or inadequately treated wastewater discharges. The pro-
gram has accomplished its  Border 2012 drinking water connection
goal, with nearly 29,000 new drinking water connections, and has con-
nected over 135,000 homes to sanitary sewer systems.

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Clean Water State Revolving  Fund

                 In 2008, Clean Water State Revolving Fund
                 (CWSRF) programs provided an unprecedented
                 $5.8 billion to fund 2,030 loans to communities for
                 water quality protection projects that included waste-
 Clean Water water treatment, nonpoint source pollution control,
                 and watershed and estuary management. Nation-
ally, 98 percent of funds available to the program have been commit-
ted to projects. CWSRFs offer low interest rates, flexible terms, signifi-
cant funding for nonpoint source pollution control and estuary protec-
tion, assistance to a variety of borrowers, and partnerships with other
funding sources. Over the last 20 years, CWSRFs have funded $68.8
billion in 22,700 low-cost loans for a variety of important water quality
projects that help communities meet environmental standards and en-
sure public health.

Management Assistance Reviews
In FY2008, the State Revolving Fund (SRF) Branch conducted man-
agement assistance reviews of the Clean Water State Revolving  Fund
and Special Appropriation Act Project (SAAP) programs  in all ten Re-
gions. As a result of the review, we now have a better understanding
of how the Regions are managing the CWSRF and SAAP programs
and their current concerns and/or issues. In addition, the review pro-
vided the SRF Branch with the opportunity to discuss several new
headquarters initiatives, which we feel will be helpful in managing
these programs, with Regional management.

2008 CWSRF PISCES Awards
The 2008 Performance and Innovation in the SRF Creating Environ-
mental Success (PISCES) Awards highlight organizations and civic
bodies that have used their expertise in planning,  management, and
financing to successfully further EPA water quality protection goals.
The 34 recipients of the 2008  PISCES Awards represented a variety of |
innovations, including: upgrade and expansion of  existing wastewater
treatment plants, installation of advanced treatment technologies, con-
struction of green infrastructure, and purchase of land for water quality
protection. The 2009 awards will recognize individual state programs
for outstanding management of their CWSRF.

2009 CWSRF Conference
Planning is currently underway for the 2009 CWSRF Conference. The
conference will focus on the future of the CWSRF program and ad-
dress the need for strategic management of the program. Conference
sessions will provide an opportunity to examine the CWSRF from both
a financial and programmatic standpoint. The conference will be held
in Chicago, Illinois, on July 14-15, 2009, and is being co-sponsored by
the Association of State and Interstate Water Pollution Control Admin-
istrators and the Council for Infrastructure Financing Authorities.
Green Infrastructure
Green infrastructure is an inno-
vative approach to wet weather
management that is cost-
effective, sustainable, and envi-
ronmentally friendly. As such, it
makes for an ideal investment
for CWSRFs.

The CWSRF can fund the capital
costs of green infrastructure
projects with direct water quality
benefits. Green infrastructure
technologies infiltrate,
evapotranspire, capture, and
reuse stormwater to maintain or
restore natural hydrologies.
The objective of green infrastruc-
ture, like traditional infrastruc-
ture, is to protect clean water,
manage stormwater, and ensure
healthy soil or to provide recrea-
tional benefits. It is also used to
achieve energy efficiencies.

Green infrastructure projects
eligible for CWSRF assistance
include (but are not restricted to)
rain gardens, green roofs, land-
scape swales, and porous pave-
ment.  To reduce energy costs,
projects can take the form of
solar panels or energy-efficient
pumps, motors, and collection
pipes. To address greenhouse
gases, some utilities have in-
stalled combined heat and power
practices to capture methane
and convert it into heat and

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                           Water Efficiency
  EPA
  Water Sense
            PARTNER
            OFTHEYEAR
Partner of the Year
Awards
WaterSense launched its
annual awards program, rec-
ognizing the very first
WaterSense Partners of the
Year in four categories: pro-
motional, manufacturer, re-
tailer/distributor, and irrigation.

Each of these four winners—
the Saving Water Partnership
of Seattle, Kohler, Ferguson,
and Timothy Malooly—helped
to advance the WaterSense
mission, increase awareness
about the program in a meas-
urable way, and demonstrate
overall excellence in the wa-
ter-efficiency arena.
WaterSense®
Since the WaterSense® program began in 2006, it has quickly become
a national standard for water efficiency among utilities, plumbing
manufacturers, retailers, and consumers. As of December 2008, more
than 800 bathroom sink faucets and faucet accessories and 300 toilets
had earned the WaterSense label, which helps consumers make in-
formed decisions when buying water-efficient products.

In 2008, EPA estimates that consumers saved more than 9.3 billion
gallons of water by installing WaterSense-labeled models. The associ-
ated water and wastewater utility bill savings was approximately $55
million, and the associated energy reduction from pumping and treating
less water was 1  billion kilowatt-hours of electricity. With additional
products coming  becoming available and partner involvement increas-
ing, savings are expected  to be even higher for 2009.

In addition,  more than 1,000 manufacturers, retailers, utilities,  and irri-
gation professionals have  partnered with the program, more than a 70
percent increase in partnership compared to 2007.

New Homes
For more than two years, WaterSense has worked closely with industry
stakeholders to identify criteria for water-efficient new homes.  In May
2008, a draft specification  was released and received more than 500
public comments. In fall 2008, WaterSense also began conducting a
pilot program with seven builders located across the country who are
building homes to meet the draft specification.
High-Efficiency Toilets
Toilet models that use less than 1.28
gallons per flush and  meet strict perform-
ance standards can earn the
WaterSense label. WaterSense-labeled
toilets are now widely available in a
broad range of styles and price points.

Bathroom Sink Faucets
WaterSense-labeled faucets and faucet
aerators use about 30 percent less water
than standard faucets with no sacrifice in
product performance. In 2008, faucets
and faucet accessories began to earn
the WaterSense label.
                           Landscape Irrigation Professionals
                           Four certification programs for landscape irrigation professionals have
                           earned the WaterSense label for their adherence to water-saving tech-
                           niques. As of December 2008, approximately 600 irrigation profession-
                           als had partnered with WaterSense after completing one or more of
                           these certifications.

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Wet Weather / Stormwater Program
                   Urban wet weather sources remain an important
                   EPA priority because of the potential impacts on
                   human health and the environment. Urban wet
                   weather sources are among the most significant
                   sources of water pollution today that EPA can ad-
                   dress through the Clean Water Act. Adverse ef-
                   fects from wet weather are typically tied to the
                   condition, type, and extent of the infrastructure.
Green Infrastructure Action Strategy
OWM and its Partners for
Green Infrastructure devel-
oped an action strategy that
will use partner organizations
to reduce stormwater runoff,
combined sewer overflows,
and nonpoint source pollution
The action strategy covers
seven broad categories, in-
cluding research, outreach,
and demonstration projects.

Stormwater Construction Permit
OWM is re-issuing its stormwater Construction General Permit (CGP),
which expired July 1, 2008, for two years. The CGP regulates the dis-
charge of stormwater from construction sites that disturb one acre or
more of land and from smaller sites that are part of a larger, common
plan of development. The permit requires operators of the construction
sites to use stormwater controls and develop stormwater pollution pre-
vention plans to minimize the discharge of sediment and other pollut-
ants associated with construction sites in stormwater runoff.

OWM coordinated the permit with the development of a new effluent
limitation guideline for the construction and
development industry.

Urban BMP Performance Tool
The program developed a new Web-based
tool to provide stormwater professionals with
easy access to approximately 220 studies
that assess the performance of over 275
stormwater best management practices
(BMPs). The tool provides access to studies
covering a variety of traditional and low-
impact BMP types, including retention and
detention ponds, biofilters, grassed filter
strips, porous pavement, and wetlands.
Stormwater
Webcast Series
OWM continued its very popular
webcast series for municipal
stormwater professionals. In
2008, five webcasts were held
on a variety of topics, including
best management practice per-
formance, stormwater retrofits,
finding and fixing illicit dis-
charges, and municipal sepa-
rate storm sewer system (MS4)
program performance. The
program also offered a Storm-
water 101 Course. All the web-
casts are available on the
Stormwater program's website
(www.epa.gov/npdes/training).

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Municipal Technol-
ogy:  Nutrients
The Municipal Nutrient Re-
moval Technologies Reference
Documentwas developed to
help municipal and utility own-
ers and operators, engineers,
local decision makers, and
state permit writers and regula-
tors plan cost-effective nutrient
removal projects for municipal
wastewater treatment facilities.

The document presents de-
tailed technical and cost infor-
mation about existing nutrient
removal technologies and infor-
mation on emerging technolo-
gies, including detailed process
descriptions, performance and
reliability data, and operating
factors for processes that can
remove nitrogen, phosphorus,
or both from municipal waste-
water. The document also in-
cludes process performance
and cost data for nine in-depth
facility case studies.


Clean Watersheds
Needs Survey
(CWNS)
OWM delivered the Clean Wa-
tersheds Needs Survey 2004
Report to Congress and pub-
lished the data in user friendly,
customizable reports at http://
www.epa.gov/
cwns/2004data.htm. These
products provide policy makers
and the public the ability to
assess wastewater infrastruc-
ture needs in relationship with
other environmental programs
and data. For the CWNS 2008
data collection, state and local
partners initiated use of the
new CWNS Data Entry Portal.
The new data entry portal  is
providing greatly expanded
access and decreased data
entry time due to integration
with other EPA data resources.
Sustainable Infrastructure Initiative

Our nation's water infrastructure systems are aging, and much of it will be
reaching the end of its useful life in the next 20 to 40 years. To address the
mounting needs, OWM is partnering with other EPA offices and across the sec-
tor on the Sustainable Infrastructure Initiative. The Initiative aims to change the
way the country views, values, and manages its water infrastructure. 2008 was
a year of great progress for the Initiative, and some of the accomplishments are
highlighted  below. For more information on the Initiative, visit http://
www.epa.gov/waterinfrastructure/.

Effective Utility Management
Building on  the ground-breaking agreement with six national associations to
promote effective     t	^^^^H	•	-i utility management in the
water sector, OWM
release a number of
promoting.  The cen-
Management: A
Wastewater Utilities."
description of the 10
management and a
tizing those areas of
cific utility. It is ac-
sample measures,
benchmark and track
sustainability,  as well
toolbox to aid  in the
formance under each
2009, the partnership
worked with the partners to
tools that all parties are
terpiece is "Effective Utility
Primer for Water and
The primer walks through a
attributes of effective utility
simple procedure for priori-
most importance to a spe-
companied by a set of
which can be adopted to
progress towards greater
as an on-line resources
process of improving per-
attribute. In early spring of
released an initial set of
case studies and an interactive Web-based presentation on effective utility
management.

Energy Management
Using the energy management guidebook developed in partnership with EPA
Region 1, OWM has initiated as series of workshops to help utilities review and
reduce their energy usage. In 2008, workshops were held in  six of EPA's Re-
gions, with the remaining Regions scheduled to receive workshops in 2009. To
date, the workshops have included over 700 participants and are sparking both
awareness  and progress towards energy efficiency across the country.

OWM has also expanded it partnership with the Office of Air and Radiation
(OAR) to jointly pursue energy efficiency at utilities through both OAR's bench-
marking tools and fostering the adoption of combined heat and power strategies
in the wastewater sector.

Asset Management
OWM continued to expand its efforts to move asset management approaches
into the mainstream of utility practice. The Office continued its ongoing national
training program with four two-day sessions in 2008.  Materials for the work-
shops were both expanded and compiled into a stand-alone training CD to ex-
pand their use beyond those who are able to attend the sessions. OWM also
collaborated with EPA's Office of Ground Water and Drinking Water
as they released the Check Up Program for Small Systems (CUPSS), free as-
set management software that is geared towards small drinking water and
wastewater facilities.

OWM has also been collaborating with the Department of Transportation to
foster cross-sector discussions and practice of asset management.  The part-
nership will  shortly release a set of case studies that illustrate the benefits and
challenges of multi-sector implementation of asset management.
                                                 10

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Rural  Program
The rural program strives to protect and improve water quality by devel-
oping and implementing NPDES programs that target rural areas and
rural populations. The program develops regulations, policies, technical
implementation guidance, and outreach for EPA Regions, states, and
the general public. Significant achievements in 2008 include the follow-
ing:

Concentrated Animal Feeding Operations Rulemaking
In March, OWM proposed additional options to its 2006 proposal for
concentrated animal feeding operations (CAFOs) under the Clean Wa-
ter Act. In October, OWM finalized its CAFO rule revisions, which main-
tain a no discharge standard for operations with permits.
For the first time,  nutrient management plans (NMP) for manure and
process water will be required as part of a CAFO's NPDES permit appli-
cation.

The NMP will be reviewed by the
permitting authority and condi-
tions from the plan will be incorpo-
rated  as enforceable terms of the
permit. The proposed  NMP and
permit must be available for public
review and comment before going
final. The regulation also requires
that an owner or operator of a
CAFO that actually discharges to
streams, lakes, and other waters
must apply for a permit under the Clean Water Act. Under the federal
rule, a CAFO that does not discharge or propose to discharge may cer-
tify to the permitting authority that it does not need an  NPDES permit.

The rule will prevent an estimated 56 million pounds of phosphorus,
110 million pounds of  nitrogen, and 2 billion pounds of sediment from
entering streams, lakes, and other waters annually. The final rule re-
sponds to a February  2005 federal court decision that upheld most of
the Agency's 2003 rule, but directed further action or clarification on
some portions. After issuing the rule, EPA conducted numerous out-
reach activities to States and the regulated community, including a pub-
lic webcast and presentations to stakeholder groups.
                            Pesticide Spray Drift
                            OWM worked closely with the Office of
                            Prevention, Pesticides and Toxic Sub-
                            stances to develop a draft Pesticide Reg-
                            istration (PR) Notice on pesticide drift
                            labeling. The goal of the PR Notice is to
                            provide guidance on revising pesticide
                            drift labeling to improve its consistency,
                            clarity, and enforceability and to propose
labeling statements intended to minimize drift and to protect people and
other non-target organisms and sites from adverse effects that may be
caused by off-target pesticide drift. EPA plans to make the draft PR No-
tice available for public comment before the end of 2009.
Water Transfers
Rule
OWM published a final rule in
2008 that clarified that water
transfers are excluded from
regulation under the NPDES
program. The rule defined a
water transfer as an activity that
conveys or connects waters of
the United States without sub-
jecting the transferred water to
intervening industrial, munici-
pal, or commercial use. This
exclusion does not apply to
pollutants introduced to the
water being transferred by the
water transfer activity itself.
EPA issued the NPDES water
transfers rule partly in response
to several conflicting court deci-
sions as to whether or not wa-
ter transfers required NPDES
permits.

Since the rule was published,
petitions for review were filed
by both environmental groups
and industry in various Courts
of Appeal and two District
Courts. The challenges to this
rule have been stayed pending
the outcome of a related case,
Friends of the Everglades v.
South Florida Water Manage-
ment District.
                                               11

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Priority Permits
In FY 2008, the definition of prior-
ity permits was expanded to allow
states and Regions to target per-
mits of environmental concern
that were previously outside the
guidelines of the traditional defini-
tion. For the fourth consecutive
year, states and Regions issued
over 95% of the priority permits to
which they had committed.

Permit Backlog
Reduction
For the second year since OWM
began tracking the backlog in
1999, states and Regions met the
national goal of 90% current for
individual and non-stormwater
general permits.

Permit Quality Reviews
OWM continued to assess the
integrity of the national NPDES
program be performing permit
quality review (PQRs). In 2008,
PQRs were conducted in Re-
gions 2, 3, 5, and 10.

Action Items
Regions, states, and territories
have committed to approximately
320 action items resulting from
the 2005 Permitting for Environ-
mental Results review of state
and Regional NPDES permitting
programs and the most recent
PQRs. By the end of FY 2008,
215 of the action items (67%)
were completed.

Petitions to Withdraw
State NPDES Programs
The Petition Response Team
manages an Agency-wide effort
to resolve petitions asking EPA to
withdraw the authority of states
that administer the NPDES permit
program. In 2008, petitions to
withdraw two state programs (in
FL and NV) were resolved. Also,
agreement had been reached on
resolving two additional petitions
(in PA and WA), which were in
the formal concurrence process
at the end of the year.
State & Regional  Program

The state and Regional program provides technical and policy support to help
implement the NPDES program. Through coordination with states and EPA Re-
gions, the program guides consistent and effective translation of water quality
goals and standards into permit limits and conditions. It resolves legal barriers
that prevent optimal program implementation and provides proactive and consis-
tent management of external legal drivers. It also provides timely information on
the integrity of the NPDES program implementation while working cooperatively
to produce efficient processes and measurable results.

Permit Writers Conference
In July, OWM sponsored a three-day National  Permit Writers Workshop in
Shepherdstown, WV. Over 165 attendees participated from EPA (headquarters
and Regions) and 26 states. The workshop served as a forum for senior permit
writers to learn about and discuss complicated issues they regularly face and to
promote national consistency.
                        Methylmercury Fish Tissue Criterion:
                        Final Implementation Guidance
                        EPA  published  the final guidance for implementing
                        the January 2001 Methylmercury Water Quality Crite-
                        rion,  which  provided technical guidance to states,
                        territories, and authorized tribes exercising responsi-
                        bility  under CWA section 303(c) on how to use the
                        new fish-based criterion recommendation in develop-
                        ing their own water quality standards for methylmer-
                        cury and  in implementing  those standards in Total
                        Maximum Daily  Loads  and  NPDES permits. The
                        guidance also includes a recommended approach for
                        directly incorporating the methylmercury tissue crite-
                        rion into NPDES permits.
NPDES Permit Writers Training
In  2008, the NPDES Permit Writers Course was  held in five locations  (San
Diego,  CA;  Chicago, IL; Kansas City, MO;  Montgomery, AL;  and Woodbridge,
VA) and provided basic NPDES training to  241  students. This course is EPA's
principal tool to provide state and EPA permit writers with a comprehensive un-
derstanding of the core tenets of the NPDES permit program and to promote
consistency across the states and  Regions. The  course  has expanded and
evolved over the past 20 years to address program changes and is highly rated
by participants.

Alaska and Other Program Approvals
On October 31, 2008, after several years of working with the state, EPA ap-
proved Alaska to administer the NPDES permit program. OWM continued to
work with Region 5 and the Ohio Department of Agriculture (ODA) to ensure it
has an adequate program prior to its receiving NPDES authorization.  On Octo-
ber 15, 2008, the Region published a notice  of its intent to approve the transfer
of the NPDES program for permitting concentrated animal feeding operations to
ODA, once conditions identified in the notice are  satisfied.

Climate Change
Building upon the 2008 National Water  Program's Climate Change Strategy,
OWM began assessing  how climate change will affect the NPDES permit pro-
gram. This comprehensive overview will  help to determine which tools  can be
used to address climate change while determining how best to adapt  current
NPDES procedures to maintain the effectiveness of the program.
                                                 12

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State & Tribal Water Pollution Control

Grants

Section 106 of the Clean Water Act authorizes EPA to provide federal
assistance to states (including territories and the District of Columbia),
interstate agencies, and Indian tribes to establish and implement ongo-
ing water pollution control programs. Prevention and control measures
supported by water quality management programs include permitting,
pollution control activities, surveillance, monitoring, enforcement, ad-
vice and assistance to local agencies, and the provision of training and
public information.

Funding for Indian Tribes
Federally recognized tribal lands cover over 110,000 square miles of
the United States—more than the total land area of Nevada, the na-
tion's seventh largest state. Unlike a single state, however, these  lands
are held by 562 distinct Indian tribes, each with a unique set of water
resources used for recreation, transportation, fishing, drinking water,
ceremonial purposes, and more. Likewise, each tribe faces a separate
set of challenges  in protecting these resources. Together, Indian tribes
are responsible for protecting and restoring tens of thousands of
square miles of rivers, streams, and lakes as well as ground water.

Of the 562 federally recognized tribes, approximately 377 meet the
criteria to receive Section 106 funding. As of 2009, 67% (252) of these
tribes have received EPA approval and are eligible to receive grants.
For tribes, Section 106 grants are a crucial, dedicated source of fund-
ing for developing, maintaining, and  expanding programs designed to
control, prevent, and eliminate water pollution.

Tribes began receiving Section  106 funds in  1989. Since then, the
tribal set-aside has grown from  less than $1 million to approximately
$25 million. In the last eight
years alone, the number of
tribes eligible to receive  Sec-
tion 106 grants has nearly
doubled.

Tribes across the country are
using Section 106 grants to
identify  and proactively ad-
dress water quality priorities
and concerns. Tribes can use
Section 106 grants for a wide
range of water pollution control  activities, including:

•  Assessing water quality on tribal lands,
•   Establishing water quality goals and objectives,
•   Conducting regular monitoring and data reporting, and
•   Implementing quality assurance processes to ensure
   data reliability.
Water Monitoring
Initiative
OWM has been working with
EPA's Office of Wetlands, Oceans
and Watersheds (OWOW) on a
effort to enhance state monitoring
strategies and implement a multi-
year statistically valid survey of
the nations waters.
Using approximately $18.5 million
per year, OWM and OWOW are
working with states and tribes to
enhance their water quality moni-
toring programs and collect and
report on water quality monitoring
data collected through the statisti-
cally-valid surveys. This will allow
EPA, states, and tribes to continue
to report on the condition of the
nation's waters and make signifi-
cant progress toward assessing
trends in water condition in a sci-
entifically defensible manner.
                                               13

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Policy Memos & Fact
Sheets
In 2008, the Industrial Branch de-
veloped a number of significant
policy memos and fact sheets,
including:

•   A characterization of the
    emerging biodiesel industrial
    manufacturing process and
    potential sources of wastewa-
    ter generation.  In addition,
    EPA evaluated the existing
    technology-based standards to
    determine their applicability to
    wastewater permitting dis-
    charges from the biodiesel
    manufacturing industry.

•   A memo providing clarity on
    the review of existing permit
    requirements implementing
    Clean Water Act Section 316
    (a) requirements for thermal
    variances in NPDES permits.

•   Two fact sheets for the pre-
    treatment program, one pro-
    viding guidance to publicly
    owned treatment works that
    minimize certain monitoring
    requirements and one that
    clarifies guidance in develop-
    ing effluent limits. See:
    "Applicability of Effluent Guide-
    lines and Categorical Pretreat-
    ment Standards to Biodiesel
    Manufacturing" and
    "Pretreatment Streamlining
    Rule Fact Sheet 6,0: Optional
    Sampling Waiver for Pollutants
    Not Present."
                              Industrial  Program
Wastewater discharges from industrial sources may contain pollutants
at levels that affect the quality of receiving waters. OWM's industrial
program works to protect and improve water quality through technol-
ogy-based and water quality-based permitting. Stormwater, pretreat-
ment, and industrial permitting are within its scope. As part of the
NPDES permit program, it establishes specific requirements that control
the pollutant discharges from industrial sources.

NPDES Vessels Permit
A new general permit, developed by OWM, will help reduce releases of
26 types of discharges from vessels operating in U.S. waters. The new
permit significantly expands the NPDES universe: approximately
61,000 domestically flagged
commercial vessels and 8,000
foreign flagged vessels will need
to comply with the permit.

The permit covers vessels previ-
ously exempt from Clean Water
Act requirements. OWM met a
court-ordered deadline and deliv-
ered a protective and practical
permit. The permit covers non-
recreational vessels 79 feet in length or longer, such as cruise ships or
oil and cargo tankers,  but excludes fishing vessels of any length, unless
they discharge ballast water. It also incorporates the Coast Guard's
mandatory ballast water management and exchange standards and
provides technology-based and water-quality-based effluent limits for
other types of discharges, including deck runoff from rain or cleaning;
ballast water used to stabilize ships; and "gray water" from showers,
sinks, and laundry machines.

New  MSGP Permit
The 2008  Multi-Sector General Permit (2008 MSGP) was issued on
September 29, 2008. The 2008 MSGP provides coverage for industrial
stormwater discharges in five states, U.S. territories, some federal facili-
ties, and tribal lands. The permit addresses  30 industrial sectors. The
2008  MSGP offers several changes from the previous  permit, including:
•   Reorganized permit that clearly spells out: (1) requirements affect-
    ing the installation  of stormwater controls to meet technology-based
    and water quality-based  effluent limits, (2) inspection and effluent
    monitoring requirements, and (3) the development of the stormwa-
    ter pollution prevention plans.
•   New requirements to annually report inspection findings and the
    results of corrective actions to EPA.
•   Improved tools for identifying receiving waters and notifying EPA of
    the  location of impaired waterbodies and the pollutants of concern.
•   Fast and easy electronic submission of notices of intent (NOIs)
    through the e-NOI system operated by headquarters, with  auto-
    mated email explanations and reminders of monitoring require-
    ments.
•   Electronic submission of monitoring results under the e-NOI
    system.
                                               14

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Sustainable  Communities

Small, rural communities (communities with fewer than 10,000 people), Indian
reservations, and communities along the U.S.-Mexico border have historically
experienced difficulty in achieving Clean Water Act goals, due in part to lack of
resources and technical expertise. The Sustainable Communities program aims
to provide small and underserved communities with the financial and technical
assistance and education necessary to achieve sustainable, appropriate, and
cost-effective water infrastructure.
                                              f
                                             /Clean  Water
                                             I    starts at
                                             \  Home
Agreement to Improve Management of Septic Systems
On November 19, 2008, Assistant Administrator          ,T!>r,zed v\iasteivaf
Benjamin H. Grumbles hosted a signing cere-
mony to announce a long-term, voluntary effort
to strengthen management of septic systems at
the local level.  Proper management of septic
systems is critical to protecting human health
and the environment.  One-quarter of American
homes use septic treatment systems, and a third
of all new developments in the United States use
them. EPA will work closely with the 14 national signatory organizations over the
coming years to raise  awareness, build local capacity, and distribute technical
information to help local officials ensure better management of septic systems.

Alaska Native Village (ANY) Program
With support from Region 10, the ANV program has coordinated with the Safe
Drinking Water Act Program and the Clean Water Act Indian Set-aside Program
to increase the  percentage of homes in Alaska with drinking water or sewer ser-
vices from about 60 percent in 1993 to nearly 92 percent in 2008. The program
utilized findings from the Office of Management and  Budget's (OMB's) Program
Assessment Rating Tool (PART) reassessment to substantially improve program
accountability and ultimately received a significantly improved score. A Web-
based project tracking system has been implemented, a program management
procedure was  developed, and a more meaningful program efficiency measure
was developed in coordination with OMB.

Rural Community Assistance Partnership (RCAP)
Through their mission  to help rural people
improve the quality of  life in their communi-
ties,  RCAP assisted small, lower income
rural communities to resolve water supply
and waste disposal problems and needs  by
providing technical assistance, training, and
information dissemination and coordinating
community leaders and outside agencies.
Last year,  RCAP held  81 training work-
shops for nearly 3,000 community leaders
in 28 states and territories. RCAP served about 372,000 people through 170
technical assistance projects in 184 communities.  RCAP has successfully lever-
aged and combined funding from other state and federal loan programs, such
that for each dollar that EPA invested in RCAP for wastewater, about $7.80 was
spent for communities to have a wastewater system installed or updated.

Clean Water Indian Set-Aside (CWISA) Grant  Program
The CWISA program awarded $10.3 million in grants to Indian tribes for plan-
ning, design, and construction of wastewater treatment facilities in Indian Coun-
try. Over 4,300 homes in tribal lands received assistance from the CWISA Pro-
gram to meet basic wastewater needs. OWM continues to be involved in the
Inter-Agency Tribal Infrastructure Taskforce, coordinating approaches to improve
access to safe drinking water and basic sanitation in Indian Country.
                                                  15
U.S.-Mexico Border
In June, OWM hosted the Mexi-
can National Water Commission
(CONAGUA), North American
Development Bank, Border Envi-
ronment Cooperation Commis-
sion, and EPA Regions 6 and 9
at meetings in Washington, DC.
The group discussed future
planning for the program, which
benefits the environment and
public health along the U.S.-
Mexico Border through a collabo-
rative bi-national effort of U.S.
and Mexican organizations.
OWM also worked with Office of
the Chief Financial Officer and
EPA Regions 6 and 9 to respond
to recommendations made in the
Office of Inspector General Audit
Report," Improvements Needed
to Ensure Grant Funds for U. S, -
Mexico Border Water Infrastruc-
ture Program Are Spent More
Timely. "Implementation of audit
recommendations as well as
other program enhancements
have resulted in the accelerated
disbursement of program funds
that are resulting from advance-
ments in construction projects.
Seventy-four Border Environ-
ment Infrastructure Fund projects
certified as of September 2008
provide the capacity to eliminate
nearly 300 million gallons/day of
untreated or inadequately treated
wastewater discharges. The
program has accomplished its
Border 2012 drinking water con-
nection goal, with nearly 29,000
new drinking water connections,
and has connected over 135,000
homes to sanitary sewer sys-
tems. The Tijuana, Tecate, and
Mexicali water utilities are
counted in the top 10 most effi-
cient public utilities in Mexico,
with Tijuana rated #1.

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                    We welcome your comments!

Thank you for your interest in the OWM annual report. We welcome all comments
and suggestions about how we can make this report a more useful and informative
document for our readers.  Please send comments to qude.karen@epa.gov or:

                               Karen Gude
                          Communications Director
                       Office of Wastewater Management
                      U.S. Environmental Protection Agency
                        1200 Pennsylvania Avenue, NW
                             Mail Code 4201M
                           Washington, DC 20460
           United States Environmental Protection Agency
               1200 Pennsylvania Avenue, NW, (4201M)
                        Washington, DC 20460
                          EPA 832-R-09-004
                            September 2009

                         www.ena.2ov/owm
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