U.S. Environmental Protection Agency
                   Office of Inspector General

                   At  a  Glance
                                                             09-P-0223
                                                        August 26, 2009
                                                                 Catalyst for Improving the Environment
Why We Did This Review

For the past 11 years, EPA has
been promoting State adoption
of numeric nutrient water
quality standards.  In 2007,
EPA recognized that State
progress needs to be
accelerated. We evaluated the
effectiveness of EPA's
strategy to determine what
improvements EPA can make
to accelerate progress.

Background

The 1972 Clean Water Act
established a goal of
maintaining the chemical,
physical, and biological
integrity of the Nation's
waters. Decades later, States
have reported more than
14,000 nutrient-related
impairments. Excess nutrients
create dead zones in waters.
In 1998, EPA issued a strategy
recommending that States
adopt numeric nutrient water
quality standards.  Such
standards are cost effective
and help develop improved
wastewater treatment facility
permits and limits of nutrient
loadings.
EPA Needs to Accelerate Adoption of
Numeric Nutrient Water Quality Standards
For further information,
contact our Office of
Congressional, Public Affairs
and Management at
(202)566-2391.
To view the full report,
click on the following link:
www.epa.gov/oig/reports/2009/
20090826-09-P-0223.pdf

 What We Found
EPA's 1998 National Strategy and Plan to promote State adoption of nutrient
water quality standards (which better protect aquatic life and human health) has
been ineffective. In 1998, EPA stated that a critical need existed for improved
water quality standards, given the number of waters that were impaired from
nutrients. In the 11 years since EPA issued its strategy, half the States still had no
numeric nutrient standards.  States have not been motivated to create these
standards because implementing them is costly and often unpopular with various
constituencies.  EPA has not held the States accountable to committed milestones.
The current approach does not assure that States will develop standards that
provide adequate protection for downstream waters. Until recently, EPA has not
used its Clean Water Act authority to promulgate water quality standards for
States.

EPA cannot rely on the States alone to ensure that numeric nutrient standards are
established. EPA should prioritize States/waters significantly impacted by excess
nutrients and determine if it should set the standards.  EPA also needs to establish
effective monitoring and measures so that accurate program progress is reported.
This will assist EPA management in program decision-making.
 What We Recommend
We recommend that the Assistant Administrator for Water:

    •  Select significant waters of national value which need numeric nutrient
       water quality standards to meet the requirements of the Clean Water Act.
    •  Set numeric nutrient water quality standards for the waters identified in
       the first recommendation to meet the requirements of the Clean Water
       Act.
    •  Establish EPA and State accountability for adopting numeric nutrient
       standards for the rest of the Nation's waters.
    •  Establish metrics to gauge the actual progress made by the States.

We discussed our findings and recommendations with Agency officials. The
Agency agreed with some but not all of the recommendations.

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