Office of Water Fiscal Year 2011 ------- ------- Table of Contents Executive Summary I. Introduction II. Strategies to Protect Public Health , J* 1. Water Safe to Drink 2. Fish and Shellfish Safe to Eat 1 3. Water Safe for Swimming 1 .Strategies to Restore and Improve Fresh Waters, Coastal Waters, and Wetlands 1 J 4 1. Restore and Improve Water Quality on aWatershed Basis 1 2. Protect Coastal and Ocean Waters 2 a 3. Protect Wetlands 2 IV. Strategies to Improve the Health of Communities and Large Aquatic Ecosystems 3 1. Protect U.S.-Mexico Border Water Quality 3 2. Protect Pacific Islands Waters 3 3. Protect the Great Lakes 3 ¦0 4. Protect and Restore the Chesapeake Bay 3' <1, 5. Protect the Gulf of Mexico 3 6. Protect Long Island Sound 4 7. Protect the South Florida Ecosystem 4 8. Protect the Puget Sound Basin 4 9. Protect the Columbia River Basin 4 10. San Francisco Bay Delta Estuary 4 V. National Water Program and Grant Management 4 VI. National Water Program and Environmental Justice 5 VII. National Water Program and Children's Health 5 VIII.National Water Program and the Urban Waters Initiative 5 IX. National Water Program and Climate Change 5 Appendices 6 A) FY 2011 National Water Program Guidance Measures Summary Appendix B) FY 2011 Water State Grant Measures Appendix C) Office of Water American Recovery and Reinvestment Act Measures D) Explanation of Key Changes Summary E) Additional Guidance for Section 106 State and Interstate Grant Recipients F) FY 2011 Detailed Measures Appendix ------- ------- Executive Summary I. PROGRAM OFFICE: NATIONAL WATER PROGRAM This National Water Program Guidance for fiscal year (FY) 2011 describes how the Environmental Protection Agency (EPA), states, and tribal governments will work together to protect and improve the quality of the nation's waters, including wetlands, and ensure safe drinking water. Within EPA, the Office of Water oversees the delivery of the national water programs, while the regional offices work with states, tribes, and others to implement these programs and other supporting efforts. II. INTRODUCTION/CONTEXT The Guidance describes the key actions needed to accomplish the public health and environmental goals proposed in the EPA Strategic Plan. The Agency is currently developing the 2010-2015 Strategic Plan by September 2010. As the Agency proceeds with implementing the Strategic Plan for FY 2011, it may be necessary to make adjustments to annual measures and commitments specified in this Guidance to align them with the new Strategic Plan. These goals are: Protect public health by improving the quality of drinking water, making fish and shellfish safer to eat, and assuring that recreational waters are safe for swimming; Protect and restore the quality of the nation's fresh waters, coastal waters, and wetlands; and Improve the health of large aquatic ecosystems across the country. III. WATER PROGRAM PRIORITIES The Office of Water recognizes that EPA regional offices, states, and tribes need flexibility in determining the best allocation of resources for achieving clean water goals and safe drinking water at the regional, state, and tribal level. From a national perspective, however, EPA, states, and tribes need to give special attention in FY 2011 to the prior- ity areas identified below to ensure safe and clean water for all Americans. These priorities of the National Water Program are organized into two themes, Sustainable Com- munities and Healthy Watersheds: 1. Sustainable Communities - Making Communities More Sustainable Making America's Water Systems Sustainable and Secure Safeguarding Public Health Restoring and Protecting Urban Waters 2. Healthy Watersheds - Restoring and Protecting Ameri- ca's Watersheds Focusing Efforts in Key Geographic Areas Strengthening Protections for Our Waters Improving Watershed-Based Approaches In addition, the National Water Program is working to support the Administrator's key priority themes of Taking Action on Climate Change, Assuring the Safety of Chemi- cals, Expanding the Conversation of Environmentalism and Working For Environmental Justice, and Building Strong State and Tribal Partnerships. Supporting the Administra- tor's and the National Water Program priorities are the EPA regional priorities. More information on these priorities is provided in the Introduction to this Guidance. IV. IMPLEMENTATION STRATEGIES The National Water Program Guidance describes, in general terms, the work that needs to be done in FY 2011 to reach the public health and water quality goals that are proposed in the EPA 2010-2015 Strategic Plan. In the Guidance, these public health and environmental goals are organized into 15 "subobjectives," and each of the subobjectives is supported by a specific implementation strategy that includes the fol- lowing key elements: Environmental/Public Health Results Expected. Each subobjective strategy begins with a brief review of national goals for improvements in environmental condi- tions or public health, including national "targets" for progress in FY 2011. Key Strategies. For each subobjective, the key strategies for accomplishing environmental goals are described. The role of core programs (e.g. State Revolving Funds, water quality standards, discharge permits, development of safe drinking water standards, and source water protection) is discussed and a limited number of key program activ- ity measures are identified. A comprehensive summary, listing all strategic target and program activity annual measures under each subobjective, is in Appendix A. FY 2011 Targets for Key Program Activities. For some of the program activities, EPA, states, and tribes will simply report progress accomplished in FY 2011 while for other activities, each EPA region will define specific "targets" (Appendix F). These targets are a point of reference for the development of more binding commit- ments to measurable progress in state and tribal grant workplans. In the Guidance, national or programmatic targets are shown, where applicable, in Appendix A and F. Grant Assistance. Each of the subobjective strategies includes a brief discussion of EPA grant assistance that supports the program activities identified in the strategy. Section 106 Grant Guidance for Water Pollution Con- trol Programs is incorporated within the Water Quality Subobjective and Appendix E to streamline the approach to the grant guidance issuance. The National Water Program's approach to managing grants for FY 2011 is National Water Program Guidance i Fiscal Year 2011 ------- Executive Summary discussed in Part V of this Guidance. New for FY 2011, EPA is working to incorporate the grant guidance for the Public Water System Supervision (PWSS) and Under- ground Injection Control (UIC) grants within the Water Safe to Drink Subobjective to continue to pilot a more streamlined approach to issuing the grant guidance. Environmental Justice (EJ). For FY 2011, the Office of Water is continuing to align the development of this Guid- ance with the development of the E J Action Plan. 2010 ushered in a new era that raised the level of outreach and protection of historically underrepresented and vulner- able subpopulations to a top priority for all Agency activi- ties. To undertake this top priority, environmental justice principles must be included in our entire decision making processes. Expanding the conversation on environmental- ism and working for environmental justice is a key prior- ity for the National Water Program. A Strategic Response to a Changing Climate. In Sep- tember of 2008, the National Water Program published a Strategy for responding to the impacts of climate change on clean water and drinking water programs. Key goals of the Strategy are to help water program managers recog- nize the impacts of climate change on water programs and to identify needed adaptation actions. Additional information on the Strategy is in Section IX as well as at http://www.epa.gov/water/climatechange/. New for 2011, each of the relevant subobjective section includes a brief description of climate change related activities. V. MEASURES The National Water Program uses three types of measures to assess progress toward the proposed goals in the EPA 2010-2015 Strategic Plan: Measures of changes in environmental or public health (i.e., outcome measures); Measures of activities to implement core national water programs (i.e., program activity measures); and Measures of activities to restore and protect large aquatic ecosystems and implement other water program priori- ties in each EPA region (i.e., ecosystem outcome and program activity measures). In 2006 - 2009, EPA worked with states and tribes to align and streamline performance measures. The National Water Program will continue to engage states and tribes in 2010 in the Agency's performance measurement improvement efforts. VI. TRACKING PROGRESS The National Water Program will evaluate progress toward the environmental and public health goals described in the EPA Strategic Plan using four key tools: National Water Program Performance Reports: The Office of Water will use data provided by EPA regional offices, states, and tribes to prepare performance reports for the National Water Program at the mid-point and end of each fiscal year. Senior Management Measures and EPA Quarterly Reports (EQR): The Office of Water reports the results on a subset of the National Water Program Guidance mea- sures on a quarterly basis. In addition, headquarters and regional senior managers are held accountable for a select group of the Guidance measures in their annual perfor- mance assessments. EPA Headquarters (HQ)/Regional Dialogues: Each year, the Office of Water will visit up to four EPA regional offices and Great Waterbody Offices to conduct dialogues on program management, grant management, and performance. Program-Specific Evaluations: In addition to looking at the performance of the National Water Program at the national level and performance in each EPA region, individual water programs will be evaluated periodically under the Program Assessment program managed by the Office of Management and Budget. Additional evalua- tions will be conducted internally by program managers at EPA headquarters and regional offices; and externally by the EPA Inspector General, Government Accountabil- ity Office, and other independent organizations. VII. PROGRAM CONTACTS For additional information concerning this Guidance and supporting measures, please contact: Michael H. Shapiro; Deputy Assistant Administrator for Water Tim Fontaine; Senior Budget Officer, Office of Water Vinh Nguyen; Program Planning Team Leader, Office of Water Internet Access: This FY 2011 National Water Program Guidance and supporting documents are available at (http:// www.epa .gov/water/waterplan). National Water Program Guidance ii Fiscal Year 2011 ------- I. Introduction Clean and Safe Water Goals for 2015 The EPA 2006-2011 Strategic Plan, published in October of 2006, defines specific environmental and public health improvements to be accomplished by 2011. The Agency is currently updating the current Strategic Plan to develop the 2010-2015 Strategic Plan by September 2010. As the Agency proceeds with implementing the Strategic Plan for FY 2011, it may be necessary to make adjustments to annual measures and commitments specified in this Guidance to align them with the new Strategic Plan. With the help of states, tribes, and other partners, EPA expects to make significant progress toward protecting human health and improving water quality by 2015, including: Protect Public Health Water Safe to Drink: maintain current high per- centage of the population served by systems meeting health-based Drinking Water standards; Fish Safe to Eat: reduce the percentage of women of child-bearing age having mercury levels in their blood above levels of concern; and Water Safe for Swimming: maintain the currently high percentage of days that beaches are open and safe for swimming during the beach season. Restore and Protect Fresh Waters, Coastal Waters, and Wetlands Healthy Waters: address an increasing number of the approximately 40,000 impaired waters identified by the states in 2002; Healthy Coastal Waters: show improvement in the overall condition of the nation's coastal waters while at least maintaining conditions in the four major coastal regions; and More Wetlands: restore, improve, and protect wet- lands with the goal of increasing the overall quantity and quality of the nation's wetlands. Improve the Health of Large Aquatic Ecosystems Implement collaborative programs with other federal agencies and with states, tribes, local governments, and others to improve the health of communities and large aquatic ecosystems including: U.S.-Mexico Border waters Pacific Island waters the Great Lakes the Chesapeake Bay the Gulf of Mexico Long Island Sound South Florida waters the Puget Sound the Columbia River Purpose and Structure of this FY 2011 Guidance This National Program Guidance defines the process for creat- ing an "operational plan" for EPA, state, and tribal water programs for FY 2011. This Guidance is divided into three major sections: 1. Subobjective Implementation Strategies: The EPA 2006-2011 Strategic Plan addresses water programs in Goal 2 (i.e., "Clean and Safe Water") and Goal 4 (i.e., "Healthy Communities and Ecosystems"). This structure is subject to change in the 2010-2015 Strategic Plan. Within these goals, there are 16 subobjectives that define specific environmental or public health results to be accomplished by the National Water Program by the end of FY 2011. This Guidance is organized into 15 subobjectives and describes the increment of environ- mental progress EPA hopes to make in FY 2011 for each subobjective and the program strategies to be used to accomplish these goals. The National Water Program is working with EPA's Innovation Action Council (IAC) to promote program innovations, including the Environmental Management Systems (EMS) (www.epa.gov/ems/) and the Environ- mental Results Program (ERP) (www.epa.gov/permits/ erp/index.htm). States and tribes maybe able to use these or other innovative tools in program planning and implementation. 2. Water Measures: Appendix A, a comprehensive list of performance measures in the Guidance, includes three types of measures that support the subobjective strate- gies and are used to manage water programs: "Outcome" Strategic Target Measures: Mea- sures of environmental or public health changes (i.e. outcomes) are described in the EPA Strategic Plan and include long-range targets for this Guidance. These measures are described in the opening section of each of the subobjective plan summaries in this Guidance. National Program Activity Measures: Core water program activity measures (i.e., output measures) address activities to be implemented by EPA and by states/tribes that administer national programs. They are the basis for monitoring progress in implement- ing programs to accomplish the environmental goals in the Agency Strategic Plan. Some of these measures have national and regional "targets" for FY 2011 that serve as a point of reference as EPA regions work with states/tribes to define more formal regional "commit- ments" in the Spring/Summer of 2010. National Water Program Guidance 1 Fiscal Year 2011 ------- Introduction Ecosystem Program Activity Measures: These measures address activities to restore and protect communities and large aquatic ecosystems and imple- ment other water program priorities in each EPA region. Over the past eight years, EPA has worked with the Office of Management and Budget (OMB) to evaluate key water programs using the OMB Program Assessment reviews. This work included identifying measures of progress for each program. Most of the measures identified in the OMB Pro- gram Assessment process are included in this Guidance. 3. Water Program Management System: Part V of this Guidance describes a three-step process for management of water programs in FY 2011: Step 1 is the development of this National Water Pro- gram Guidance. Step 2 involves consultation among EPA regions, states, and tribes, to be conducted during the Spring/Sum- mer 2010, to convert the "targets" in this Guidance into regional "commitments" that are supported by grant workplans and other agreements with states and tribes. This process allocates available resources to those program activities that are likely to result in the best progress toward accomplishing water quality and public health goals given the circumstances and needs in the state/region. The tailored, regional "commitments" and state/tribal workplans that result from this process define, along with this Guidance, the "strategy" for the National Water Program for FY 2011. Step 3 involves work to be done during FY 2011 to assess progress in program implementation and improve program performance. In addition for FY 2011, the grant guidance for the Water Pollution Control Grants from Section 106 of the Clean Water Act (Section 106 grants) is incorporated into this National Water Program Guidance. This was a pilot effort started in FY 2010 to gain efficiency in the issuance of the Section 106 Grant Guidance within this Guidance. Text boxes with specific Section 106 guidance are incorporated within Section III, (Restore and Improve Water Quality on a Watershed Basis) of this Guidance. Appendix E has additional information for states and the interstate agencies. The Tribal Program, Monitoring Initiative, and Water Pollution Enforcement Activities are not included in this pilot, and grantees should follow the specific, separate guidances for these programs. For FY 2011, this pilot effort continues with the integration of the grant guidance for the Public Water System Supervision (PWSS) and Underground Injec- tion Control (UIC) grants. These grant guidance sections will be incorporated in the Water Safe to Drink Subobjective in the final National Water Program Guidance in April. FY 2011 National Water Program Priorities The Office of Water recognizes that EPA regions, states, and tribes need flexibility in determining the best allocation of program resources for achieving clean water goals given their specific needs and condition. From a national perspec- tive, however, EPA, states, and tribes need to give special attention in FY 2011 to the priority areas identified below to protect America's waters. The Office of Water has two organizing themes for the National Water Program, Sustain- able Communities and Healthy Watersheds. 1. Sustainable Communities - The nation's water resources are the lifeblood of the nation's communities, supporting the economy and way of life. For communi- ties to be sustainable, water resources must be sustain- able as well. Making America's Water Systems Sustainable and Secure The nation's water infrastructure needs are substantial, and the ability to meet those needs through traditional programs and funding is limited. EPA is working with partners to help communities and utilities continue to provide for their residents by improving financing, management, and use of innovative solutions such as green infrastructure and expansion of the WaterSense program. Recovery Act funds and increases in the Clean Water and Safe Drinking Water Act State Revolving Funds have already boosted these efforts. While making water systems more sustainable, EPA also wants to for- tify their security and resiliency by working with water utilities to prevent or minimize disruptions in providing clean and safe water for all citizens. The National Water Program will build upon the successes of the sustainable infrastructure work to address the needs of disadvan- taged urban, rural, and tribal communities. Safeguarding Public Health Using science-based standards to protect public water systems as well as ground and surface water bodies has long been an Office of Water priority. Protecting public health through tools, such as beach, fish consumption and drinking water advisories, is part of EPA's core mission. EPA is expanding that science to improve our understanding of emerging potential threats to public health to bring a new sense of responsiveness to public needs. By also working closely with the enforcement program, the National Water Program can ensure safe drinking water and surface water suitable for recreation for all Americans. Restoring and Protecting Urban Waters With the water program's new Urban Waters Initiative, EPA can help communities, especially those that are disad- vantaged and that face environmental justice challenges, to access, restore, and benefit from their urban waters and National Water Program Guidance 2 Fiscal Year 2011 ------- Introduction surrounding land. By focusing on building capacity and supporting the growth of the green jobs sector in urban communities, the National Water Program is helping to make these communities more vibrant and strengthen- ing the connections between a healthy environment and a healthy economy Additional information on the Urban Waters Initiative is in Section VIII. 2. Healthy Watersheds - People and the natural ecosys- tems both rely on the health of watersheds. By improv- ing programs and tools to protect watersheds, EPA is protecting human health as well as the environment. Focusing Efforts in Key Geographic Areas America's largest aquatic ecosystems are seriously impaired, resulting in significant losses to the diver- sity and productivity of these systems and risks to the socio-economic well-being of communities. The National Water Program is leading efforts to restore and protect these treasured resources, and in so doing is provid- ing models for broader national applicability. The Great Lakes Restoration Initiative, the Chesapeake Bay Execu- tive Order and Strategy, the Gulf of Mexico Hypoxia Action Plan, the federal Bay-Delta Workplan, and the National Ocean Policy are each designed to help com- munities in these key geographic areas address complex transboundary challenges. By engaging in innovative, collaborative approaches with federal, state, and local government and tribal and non-governmental partners, and making robust use of existing statutory author- ity, EPA helps make these programs more effective and restore these precious resources. Strengthening Protections for Our Waters America's waterbodies are imperiled as never before, but EPA has the tools to help repair them. EPA and its partners can provide better protection of the nation's water resources, including sources of drinking water by strengthening criteria and revising regulations. Some examples are by revising the stormwater rule, updating effluent guideline limitations for construction and devel- opment and the steam electric sectors, taking action to reduce the harmful environmental consequences of mountaintop mining, and strengthening protection for wetlands and other waters of the United States. EPA will continue to work with the states, tribes, and others to improve monitoring of waters so that we are better able to measure progress in protecting and restoring them. EPA is also working closely with the enforcement program to focus on the biggest threats to the nation's water resources. Improving Watershed-Based Approaches Complex issues, such as nonpoint source and nutrient pollution, require holistic, integrated solutions that emphasize accountability. The National Water Program will improve the way existing tools, such as water qual- ity standards, protection of downstream uses, permits and total maximum daily loads, are used to protect and restore watersheds; explore how innovative tools, such as trading and other market-based approaches to water- shed protection, can be applied; and enhance efforts to prevent water quality impairments in healthy water- sheds. Local partners are becoming more important than ever to the health of watersheds and estuaries, and EPA must improve outreach to them to help them build their capacity to develop and implement their own solutions to local water quality problems. In addition, the National Water Program supports the Administrator's priority themes: Taking Action on Climate Change Climate change will affect multiple aspects of the water program, including threatening infrastructure invest- ment, exacerbating water quality problems, compounding stress to aquatic ecosystems, and placing the health and well-being of vulnerable populations at increased risk. EPA must continue to work with partners to identify ways to control greenhouse gas emissions through energy and water efficiency, make programs more resilient through initiatives such as the Climate Ready Estuaries program and Climate Ready Water Utilities, and help adapt base water programs to impacts from a changing climate. A Strategic Response to a Changing Climate: In September of 2008, the National Water Program published a Strategy for responding to the impacts of climate change on clean water and drinking water programs (see www.epa.gov/ water/climatechange/). Key goals of the Strategy are to help water program managers recognize the impacts of climate change on water programs (e.g. warming water tempera- tures, changes in rainfall amounts and intensity, and sea level rise) and to identify needed adaptation actions. Addi- tional information on the Strategy is in Section IX. Assuring the Safety of Chemicals The Office of Water will partner with the Office of Pesti- cides and Toxic Substances to accelerate testing of potential endocrine disrupting chemicals that can be present in water supplies and surface waters. Expanding the Conversation on Environmentalism and Working for Environmental Justice As the federal government, EPA must ensure that commu- nities disproportionately affected by pollution have clean and safe water, and that environmental justice informs decision-making, including permitting and standards deci- sions. The Assistant Administrator of the Office of Water wants to underscore those principles and asks that we strive to incorporate them in our work. In addition to the Urban Waters initiative which can benefit disadvantaged commu- nities, the Office of Water co-leads and actively participates National Water Program Guidance 3 Fiscal Year 2011 ------- Introduction in EPA's Community Action for a Renewed Environment (CARE) program. CARE is providing on-the-ground techni- cal assistance and funding to underserved communities to help them understand, prioritize, and address environmen- tal health threats from all sources. Building Strong State and Tribal Partnerships EPA recognizes that states and tribes are key partners in implementing the National Water Program. States write the overwhelming majority of water permits, water quality standards, and total maximum daily loads. Similarly, most inspections are done by states. EPA has begun working to improve this partnership through increased collabora- tion on key problems, such as nutrients, and by provid- ing greater opportunity to discuss strategic and program planning through the Partnership Council of the Office of Water and the States. The Office of Water is also commit- ted to improving tribal access to safe drinking water and, sanitation, and to improve tribes' capacities to assume greater responsibility for waters within their jurisdiction. The National Tribal Water Council is a key mechanism for ensuring that the views of tribal water professionals are considered in EPA's regulatory and other programs. EPA, states, and tribes also need to pay special attention to regional priorities. EPA regional offices identified a limited number of regional and state priorities. These priorities were based upon geographic areas and performance mea- sures that were established to support the priorities. Many of the performance measures developed by these regional groups support the National Water Program national priorities. Improving Enforcement of the Clean Water Act In October, 2009, EPA issued the Clean Water Act Action Plan ("the Action Plan"). The Action Plan identifies steps EPA will take to improve enforcement efforts aimed at addressing water quality impairment. The Office of Water is currently working with the Office of Enforcement and Com- pliance Assurance (OECA), EPA regions, and states to imple- ment the Action Plan. The Action Plan's three key elements are to: 1) focus NPDES enforcement efforts on pollution sources that pose the greatest threats to water quality; 2) strengthen oversight of state permitting and enforcement programs; and 3) improve the accessibility and quality of information provided to the public. Since work under the Action Plan is ongoing as this Guid- ance is finalized, FY 2011 will be a transition year. EPA anticipates that existing policies, strategies and regulations, may need to be revised to better identify and address the key water quality problems where NPDES compliance and enforcement efforts are critical components to protection and restoration. EPA also expects that the implementation of the Action Plan will identify more immediate opportu- nities to improve identification of serious noncompliance problems as well as new approaches to address these viola- tions. For more information on specific enforcement actions for 2011, please see the 2011 OECA National Program guid- ance at www.epa.gov/ocfo/npmguidance/index.htm. High Priority Performance Goals As part of the FY 2011 budget process, EPA developed High Priority Performance Goals (HPPG) around FY 2011 budget priorities and the Administrator's priorities. For the National Water Program, two HPPGs were developed with OMB, for quarterly reporting beginning in FY 2010, to track the development of state watershed implementation plans in support of EPA's Chesapeake Bay Total Maximum Daily Load (TMDL) and the review of drinking water standards to strengthen public health protection. National Water Program Guidance 4 Fiscal Year 2011 ------- Strategies to Protect Public Health Water Safe to Drink II. Strategies To Protect Public Health For each of the key subobjectives related to water addressed in the EPA Strategic Plan, EPA has worked with states, tribes, and other stakeholders to define strategies for accomplishing the improvements in the environment or public health identified for the subobjective. This National Program Guidance draws from the Strategic Plan but describes plans and strategies at a more operational level and focuses on FY 2011. In addition, this Guidance refers to "Program Activity Measures" that define key program activities that support each subobjective (see Appendix A). 1) Water Safe to Drink A) Subobjective: Percent of the population served by community water systems that receive drinking water that meets all applicable health-based drinking water standards through approaches including effective treatment and source water protection. 2005 Baseline: 89% 2010 Commitment: 90% 2011 Target: 91% 2014 Target: 93% (Note: Additional measures of progress are identified in Appendix A.) B) Key Program Strategies For more than 30 years, protecting the nation's public health through safe drinking water has been the shared responsibility of EPA, the states, and 51,651 CWSs1 nation- wide that supply drinking water to more than 292 million Americans (approximately 95% of the U.S. population). Over this time, safety standards have been established and are being implemented for 91 microbial, chemical, and other contaminants. Forty-nine states have adopted primary authority for enforcing their drinking water pro- grams. Additionally, CWS operators are better informed and trained on the variety of ways to both treat contaminants and prevent them from entering the source of their drink- ing water supplies. EPA, states, tribes, and CWSs will work together so that the population served by CWSs receives drinking water that meets all health-based standards. This goal reflects the fundamental public health protection mission of the national drinking water program. Health protection-based regulatory standards for drinking water quality are the cornerstone of the program. The standards do not prescribe a specific treatment approach; rather, individual systems decide how best to comply with any given standard based on their own unique circumstances. Systems meet standards by employing "multiple barriers of protection" including source water protection, various stages of treatment, proper opera- tion and maintenance of the distribution and finished water storage system, and customer awareness. The overall objective of the drinking water program is to protect public health by ensuring that public water systems deliver safe drinking water to their customers. To achieve this objective the program must work to maintain the gains of the previous years' efforts; drinking water systems of all types and sizes that are currently in compliance will work to remain in compliance. Efforts will be made to bring non- complying systems into compliance and to assure all sys- tems will be prepared to comply with the new regulations. Making sound decisions to allocate resources among various program areas requires that each EPA region first work with states and tribes to define goals for the program in public health (i.e., "outcome") terms. The table below describes estimates of progress under the key drinking water measure describing the percent of the population served by commu- nity water systems that receive water that meets all health based drinking water standards. Targets for Population Served by Systems Meeting Standards (Measure 2.1.1) EPA Region 2005 Baseline 2009 2010 Com- mitment 2011 Target l 92.5% 92% 89% 89% 2 55.3% 79% 75% 75% 3 93.2% 89.9% 88% 88% 4 93% 93.7% 91.7% 93% 5 94.1% 95.4% 95% 95% 6 87.8% 89.7% 88% 88% 7 91.2% 94.1% 92% 93% 8 94.7% 95.8% 90% 90% 9 94.6% 96.9% 95% 95% 10 94.8% 96.4% 91% 91% National Total 89% 92% 90% 91%* * The national target is 91% while the regional aggregate is 90%. 1 Although the Safe Drinking Water Act applies to 153,530 public water systems nationwide (as of October 2009), which include schools, hospitals, facto- ries, campgrounds, motels, gas stations, etc. that have their own water system, this implementation plan focuses only on CWSs. A CWS is a public water system that provides water to the same population year-round. As of October 2009, there were 51,651 CWSs. National Water Program Guidance 5 Fiscal Year 2011 ------- Strategies to Protect Public Health Water Safe to Drink Although EPA regions should use the national FY 2011 target of the population served by community water sys- tems receiving safe drinking water as a point of reference, regional commitments to this outcome goal may vary based on differing circumstances in each EPA region. EPA, states, and tribes support the efforts of individual water systems by providing a program framework that includes core programs implemented by EPA regional offices, states, and tribes. Core national program areas that are critical to ensuring safe drinking water are: Development or revision of drinking water standards; Implementation of drinking water standards and techni- cal assistance to water systems to enhance their technical, managerial, and financial capacity; Drinking Water State Revolving Fund; Water system security; Protecting sources of drinking water; and Underground injection control (UIC). Public Water System Supervision (PWSS) Grant Guidance to states and tribes. This National Water Program Guidance for FY2011 includes guidance for state and tribal recipients of Public Water System Supervision (PWSS) program grants. Grant recipients are expected to conduct their programs to help achieve the goals, objectives, sub-objectives, strategic targets, and program activity measures specified in section III.l of this Guidance. In addition, grant recipients should be focused on ensuring that the gains of the previous years' efforts are preserved and built upon. The overall objective of the PWSS program grant is to protect public health by ensuring that: Drinking water systems, of all types, and of all sizes, that are currently in compliance, remain in compliance; Drinking water systems, of all types, and of all sizes, that are not currently in compliance, achieve compliance; Drinking water systems, of all types, and of all sizes, are preparing to comply with new drinking water regulations that will be taking effect in FY 2011. A proportion of each state's PWSS grant should be devoted to ensuring that data quality and other data problems are being addressed. Specifically that: Water system compliance determinations are consistent with federal and state regulations; and The required inventory, compliance, and enforcement data being provided to EPA are accurate and complete. The PWSS grant allotments are based on factors such as popu- lation, geographic area, and PWS inventory. State-by-State allotments and the total amount available to each Region for its Tribal support program will be available at http://www.epa. gov/safewater/pws/grants/allo tments_state-terr.html. Collectively, these core areas of the national safe drinking water program comprise the multiple-barrier approach to protecting public health. In each of these areas, specific Program Activity Measures indicate progress being made and some measures include "targets" for FY 2011. For measures with targets, a national target and a target for each EPA region, where applicable, are provided in Appendix A. 1. Development/Revision of Drinking Water Standards In FY 2011, the Agency will assess the available informa- tion on health effects and occurrence data in drinking water to determine which Contaminant Candidate List (CCL 3) contaminants have sufficient information on which to base a regulatory decision. EPA will work to compile this information to make regulatory determina- tions for at least five CCL 3 contaminants by 2012. The Agency will also continue to evaluate and address drink- ing water risks though activities to also implement the Safe Drinking Water Act (SDWA) including: Responding to public comment on proposed revi- sions to the Total Coliform Rule. In addition, EPA will prepare a final rule which is scheduled for publication in 2012. Provide technical and scientific support for the development and implementation of drinking water regulations. Continue the review, validation, and analysis of data from the second round of contaminant monitoring conducted under the Unregulated Contaminant Moni- toring Rule (UCMR). UCMR2 data reporting by public water systems will continue through mid-FY 2011. In addition, in FY 2011, EPA will propose the third round of unregulated contaminant monitoring (UCMR3) and review the comments received on the proposed UCMR3 as we prepare the final UCMR3 for publication in FY 2012. EPA is required by Section 1452(o) of the Safe Drinking Water Act (SDWA), as amended, to annually set-aside $2 million of State Revolving Funds to pay the costs of small system monitoring and sample analysis for contaminants for each cycle of the UCMR. Collaborating with stakeholders to undertake the highest priority research and information collection activities to better understand water quality issues in distribution systems. Implementing the appropriate actions (i.e., regulatory revisions and/or revised guidance) to address the long term issues identified in the national review of the revised Lead and Copper Rule. Support the Partnership for Safe Water, a national col- laborative effort between the water industry and EPA to pursue optimization of the drinking water systems. National Water Program Guidance 6 Fiscal Year 2011 ------- Strategies to Protect Public Health Water Safe to Drink 2. Implementation of Drinking Water Standards and Technical Assistance In order to facilitate compliance with drinking water regulations, EPA will use the following tools in partner- ship with states and tribes: Sanitary Surveys: Sanitary surveys are on-site reviews of the water sources, facilities, equipment, operation, and maintenance of public water systems. States and tribes conduct sanitary surveys for com- munity water systems once every three years. For non-community water systems or community water systems determined by the state or tribe to have out- standing performance based on prior surveys, surveys may be conducted every five years. EPA will conduct surveys at systems on tribal lands. Focused moni- toring of this activity was initiated in 2007, for the three-year period starting in 2004 (see Program Activ- ity Measure SDW-1). This measure applies to surface water systems and ground water systems under direct influence of surface water and ground water systems. Beginning in December 2009, states were required for the first time to conduct sanitary surveys for ground water systems. States have until December 2012 to complete the initial round of sanitary surveys for community water systems, and until December 2014 to complete the initial round of sanitary surveys for non-community water systems or community water systems designated as outstanding performers. Technical Assistance and Training: Reference materials to support implementation of recent regula- tions will be developed. These materials will include technical guidance, implementation guidance, and quick reference guides. Assistance will focus particu- larly on the Ground Water Rule, revised Lead and Copper Rule, and Total Coliform Rule, as well as simul- taneous compliance. Monitoring under the Ground Water Rule begins in FY 2010. EPA will promote operation and maintenance best practices to small sys- tems in support of long term compliance success with existing regulations. EPA will also provide training and technical assistance to states and to water systems that need to increase their treatment to comply with Stage 2 and LT2. Over 59,000 water systems will need to comply with these rules during 2011. EPA will be developing and delivering technical training to help state staff review new treatment plant upgrades under LT2, specifically membrane and ultraviolet disinfec- tion. In addition, EPA will develop technical assistance materials to support state and water system imple- mentation of the revised Total Coliform Rule. Small System Assistance: EPA also will continue to provide technical assistance and to leverage partners to help systems serving fewer than 10,000 people con- sistently meet regulatory requirements through the use of cost-effective treatment technologies, proper disposal of treatment residuals, and compliance with monitoring requirements under the arsenic and radio- nuclide rules, and with rules controlling microbial pathogens and disinfection byproducts in drinking water. Small public water systems face many chal- lenges in providing safe drinking water and in meeting the requirements of SDWA. These challenges include: (1) lack of adequate revenue or access to financing; (2) aging infrastructure; (3) retirement of experienced system operators and the inability to recruit new oper- ators to replace them; (4) operators who may lack the requisite financial, technical, or managerial skills; and (5) difficulty in understanding of existing or new regu- latory requirements. As a result, small systems may experience frequent or long-term compliance chal- lenges to providing safe water to their communities. In response to this ongoing challenge, in FY 2011, EPA is renewing and reinforcing its efforts to enhance small system capacity through a comprehensive small system strategy founded on three major components. First, EPA will work with the USDA Rural Utilities Service and state DWSRF programs to strengthen financial sup- port mechanisms and to streamline the administrative process small systems must follow to access financial assistance. Through this component, the Agency will encourage states that have not yet developed a dis- advantaged communities program to do so, and have states increase disadvantaged community support, with an emphasis on those systems requiring installation of treatment technology to comply with the newer drink- ing water regulations. The Agency also will work closely with states to ensure that DWSRF loans are reserved for systems which already are deemed sustainable or are on a pathway to sustainability through DWSRF support. Second, the Agency will work with states to improve training and technical assistance for small systems, and enhance oversight of state capacity development programs, in order to improve small system capacity to achieve and maintain compliance with drinking water regulations. Through their first decade of experience, state capacity development programs have identified which strategies and techniques are most likely to help small systems achieve and maintain sustainability. Under this aspect of the strategy, EPA will coordinate with states to identify and disseminate best practices, policies and innovations across state programs, and promote cost-effective, energy-efficient system practices. EPA also will encourage states to target usage of DWSRF set-asides for training and technical assistance provided to systems challenged to meet newer drinking water standards. Third, EPA will promote the restructuring or voluntary consolidation of existing non-sustainable systems, and work with states to ensure that new water systems are sustainable. To promote restructuring, the Agency will continue to provide information on the benefits of different kinds of restructuring, or of National Water Program Guidance 7 Fiscal Year 2011 ------- Strategies to Protect Public Health Water Safe to Drink voluntary consolidation, of existing non-sustainable systems. In addition EPA, in cooperation with states and water system associations, will help states and systems identify how to use DWSRF set-asides to achieve desired restructuring. Also, the Agency will evaluate whether, as a condition of the DWSRF, state programs are effectively ensuring that new water systems have adequate capacity to meet SDWA requirements. To support implementation of the strategy, the Agency has developed a suite of new indicators for the FY 2011 guidance. These indicators correspond to the three major components of the small system strategy: existing and new small water system inventory; state DWSRF proj- ects targeting small systems; and, small system noncom- pliance, and capacity to quickly return to compliance with health-based standards. For public water systems serving fewer than 500 persons, the Agency includes a new indicator that will be able to track these systems, as well as the creation of new small water systems. This measure is important to help account for changes in the universe of small water systems and help provide a more complete picture of the nature of the small system challenges in each state. The measure is an important aspect of the small systems strategy that will continue to be a major area of emphasis in FY 2011. Schools and daycare centers are a critical subset of small systems for which EPA is also continuing to provide special emphasis in FY 2011 to ensure that children receive water that is safe to drink. Therefore, included is a separate indicator for schools and daycare centers meeting health-based standards. Area-wide Optimization Program: Under EPA's voluntary Area-Wide Optimization Program (AWOP), drinking water systems and states will continue to use a variety of optimization tools, including com- prehensive performance evaluations (CPEs) to assess the performance of filtration technology. AWOP is a highly successful technical assistance and training program that enhances the ability of small systems to meet existing and future microbial, disinfectant, and disinfection byproducts standards. By FY 2011, EPA will have worked with four EPA regional offices and 24 states to facilitate the transfer of specific skills using the performance-based training approach targeted towards optimizing key distribution system compo- nents and/or groundwater system and distribution system integrity. Drinking Water Laboratory Certification Pro- gram: EPA will continue the program that sets standards and establishes methods for EPA, state, tribal, and privately-owned laboratories that analyze drinking water samples. Through this program, EPA also will conduct three EPA regional program reviews during FY 2011. Headquarters visits each EPA regional office on a triennial basis and evaluates their oversight of the state laboratories and the state laboratory certi- fication programs within their purview. Data Access, Quality and Reliability: The Safe Drinking Water Information System (SDWIS) serves as the primary source of national information on com- pliance with all health-based regulatory requirements of SDWA. EPA will continue to work with states, with one focus being to increase the use of SDWIS/State because of its ease of reporting and compatibility with the national SDWIS. EPA will continue to improve the quality of data in the Safe Drinking Water Information System (SDWIS) by continuing to work with states to improve data completeness, accuracy, timeliness, and consistency through: 1) training on data entry, error correction, and regulatory reporting; 2) conducting data verifica- tions and analyses; and 3) implementing quality assur- ance and quality control procedures. Additionally, a State-EPA workgroup is identifying underlying causes of data quality problems and developing actions to improve quality. Coordination with Enforcement: The EPA regional offices and the Office of Water will also work with the Office of Enforcement and Compliance Assurance (OEC A) to identify instances of actual or expected non-compliance that pose risks to public health and to take appropriate actions as necessary. The Office of Water has worked with OECA to develop a new approach to significant noncompliance. The Office of Water believes that this new approach will better focus enforcement efforts on the greatest public health risks. In addition, OW and OECA will continue close coordination regarding violations at schools that have their own water source. These school public water systems are of special concern as children are the sub- population most vulnerable to lead and other contami- nants, and as a result, a new measure is proposed to monitor compliance. 3. Drinking Water State Revolving Fund The Drinking Water State Revolving Fund (DWSRF), established under the Safe Drinking Water Act, enables states to offer low interest loans and other assistance to help public water systems across the nation make improvements and upgrades to their water infrastruc- ture, or other activities that build system capacity. EPA will work with states to increase the DWSRF fund utilization rate2 for projects from a 2002 level of 73% to 89% in 2011 (see Program Activity Measure SDW-4). EPA will also work with states to monitor the number Fund Utilization Rate is the cumulative dollar amount of loan agreements divided by cumulative funds available. The 2007 Needs Survey was released in 2009 National Water Program Guidance 8 Fiscal Year 2011 ------- Strategies to Protect Public Health Water Safe to Drink of projects that have initiated operations (see Program Activity Measure SDW-5). For fiscal years 2010-2013, appropriated funds will be allocated to states in accordance with each state's proportion of total drinking water infrastructure need as determined by the most recent Needs Survey and Assessment.3 There is also statutory constraint that each state and the District of Columbia receive no less than one percent of the allotment. The survey docu- ments 20-year capital investment needs of public water systems that are eligible to receive DWSRF monies approximately 52,000 community water systems and 21,400 not-for-profit non-community water systems. The survey reports infrastructure needs that are required to protect public health, such as projects to ensure com- pliance with the Safe Drinking Water Act (SDWA). In FY 2011 EPA will continue implementation of the SRF Sustainability Policy. This policy is designed to promote technical, financial, and managerial capacity as a critical means to meet infrastructure needs, and further enhance program performance and efficiency, and to ensure compliance. The Agency will continue to work with state and local governments to address federal drinking water policy in order to provide equitable con- sideration of small system customers. In FY 2011, EPA will further contribute to the sustain- able infrastructure initiative through partnership- building activities, including the Agency's capacity development and operator certification work with states, and efforts with leaders in the drinking water utility industry to promote asset management and the use of watershed-based approaches to manage water resources. The drinking water program will engage states and other stakeholders to facilitate the voluntary adoption by pub- lic water systems of attributes associated with effectively managed utilities. Finally, the program will continue to expand efforts to encourage water efficient practices at public water systems aimed at reducing leakage and bet- ter understanding linkages between water production/ distribution and energy use. 4. Water System Security EPA will provide tools, training, and technical assistance to help protect the nation's critical water infrastructure from terrorist and other catastrophic events. Reducing risk in the water sector requires a multi-step approach of determining risk through vulnerability assessments, reducing risk through security enhancements, and preparing to effectively respond to and recover from incidents. EPA will move to the next phase of the Water Security Initiative (WSI) pilot program, focusing on techni- cal assistance, support and evaluation activities, and will continue to support water sector-specific agency responsibilities, including the Water Alliance for Threat Reduction (WATR), to protect the nation's critical water infrastructure. The Agency will continue to integrate the regional laboratory networks and the WSI pilot labora- tories into a national, consistent program. All of these efforts support the Agency's responsibilities and com- mitments under the National Infrastructure Protection Plan (NIPP), as defined within the Water Sector Specific Plan, which includes, for example, specific milestones for work related to the WSI, the Water Laboratory Alliance, and metric development. In FY 2011, EPA will begin focusing on calibrating the contaminant warning systems and conducting extensive and thorough evaluations of each pilot. The Agency also will continue to prepare and refine a series of guidance documents for water utilities on designing, deploying, and testing contamination warning systems based on additional lessons learned from the pilots. In FY 2009, EPA integrated the eleven Regional Labora- tory Response Plans into a single National Plan. In FY 2011, EPA will focus its efforts on conducting exercises within the framework of this National Plan and work to expand the membership of the Water Laboratory Alliance with the intention of achieving nationwide coverage. In addition, EPA will continue to support the Regional laboratory networks by providing laboratories and utilities with access to supplemental analytical capa- bility and capacity, improved preparedness for analytical support to an emergency situation, and coordinated and standardized data reporting systems and analytical methods. In FY 2011, EPA will also continue working to ensure that water sector utilities have tools and information (including those that support WATR) to prevent, detect, respond to, and recover from terrorist attacks, other intentional acts, and natural disasters. The following pre- ventive and preparedness activities will be implemented for the water sector in collaboration with the Depart- ment of Homeland Security (DHS), states, and tribes homeland security and water sector officials: Continue to develop and conduct exercises to prepare utilities, emergency responders, and decision-makers to evaluate and respond to physical, cyber, and con- tamination threats and events; Disseminate tools and provide technical assistance to ensure that water and wastewater utilities and emergency responders react rapidly and effectively to intentional contamination and other incidents. This includes: information on high priority contaminants, incident command protocols, sampling and detection protocols and methods, and treatment options; Provide an expanded set of tools (e.g., best security practices, incident command system and mutual aid training, contaminant databases, decontamination guidance) in order to keep the water sector current with evolving water security priorities; National Water Program Guidance 9 Fiscal Year 2011 ------- Strategies to Protect Public Health Water Safe to Drink Continue to test and refine a risk assessment tool that will enable utilities to address the risks from all hazards, including climate change impacts; Continue to implement specific recommendations of the Water Decontamination Strategy as developed by EPA and water sector stakeholders (e.g., defining roles and responsibilities of local, state, and federal agencies during an event). 5. Protecting Sources of Drinking Water EPA will serve as an analytic resource and facilitator for states, tribes, and communities in developing strate- gies and coordinating across jurisdictions to preserve drinking water resources and continue a multiple barrier approach to drinking water management that uses source water protection as the initial barrier to contami- nation. Source water includes surface water, ground water, and the interchange between them. EPA's goal is to increase the number of community water systems with minimized risk to public health through development and implementation of protec- tion strategies for source water areas (counted by states) from a baseline of 20% of all areas in FY 2005 to 50% in FY 2011 (see measure SP-4a). EPA also has a goal of maintaining the percent of the population served by these community water systems at 57% in FY 2011 (see measure SP-4b). In FY 2011, EPA will continue supporting state and local efforts to identify and address current and potential sources of drinking water contamination. These efforts are integral to the sustainable infrastructure effort because source water protection can reduce the need for expensive drinking water treatment, along with related increased energy use and costs, which, in turn, can reduce the cost of infrastructure. In FY 2011, the Agency will: Continue to work with national, state, and local stake- holder organizations and the multi-partner Source Water Collaborative to encourage broad-based efforts directed at encouraging actions at the state and local level to address sources of contamination identified in source water assessments; EPA will continue to support source water protection efforts by providing training, technical assistance, and technology transfer capabilities to states and localities, and facilitating the adoption of Geographic Information System (GIS) databases to support local decision-making; Continue working with states, tribes, and other stake- holders to characterize current and future pressures on water availability, variability and sustainability (WAVS) in the face of climate change. EPA will also continue working with federal programs to align source water preservation and protection with their priorities. In particular, we are working to inte- grate source water protection into Clean Water Act programs like the watershed approach and storm water management. State and tribal water quality standards set the benchmarks for surface water quality under the Clean Water Act and instream flow regimes that protect aquatic habitats will also preserve surface water and ground water supplies for all uses. States, tribes, and communities should review these standards and regimes to make sure their source waters will be preserved and protected. EPA will continue working with other federal agencies like the U.S. Forest Service to maintain healthy land cover and the U.S. Department of Agriculture on land conservation programs and best management practices to protect water quality. EPA encourages states and communities to leverage these programs to preserve and protect drinking water supplies. 6. Underground Injection Control EPA works with states and tribes to monitor and regulate the injection of fluids, by wells, underground, both hazardous and non-hazardous, to prevent con- tamination of underground sources of drinking water. In FY 2011, EPA, states, and tribes will continue to implement the Underground Injection Control (UIC) Program for Classes I, II, III that lost mechanical integ- rity and are returned to compliance within 180 days, thereby reducing the potential to endanger under- ground sources of drinking water (see Program Activity Measure SDW-7). In FY 2011, states and EPA (where EPA directly imple- ments) will continue to carry out regulatory functions for each class of wells. States and EPA will also continue to process UIC permit applications for experimental carbon sequestration projects. The information gathered from these efforts will enable the Agency and states to provide permits to large-scale commercial carbon sequestration applications following finalization of the GS regulation. Similarly, states and EPA will process UIC permits for other nontraditional injection streams such as desalina- tion brines and treated waters injected for storage and recovered at a later time. The Agency will carry out responsibilities in permitting current and future geologic sequestration (GS) of carbon dioxide projects. Activities planned for FY 2011 include: Complete development of the rule and supporting documents (i.e., technical support documents, guid- ance documents, a response to comments document, and implementation materials) for the GS of carbon dioxide recovered from emissions of power plants and other facilities; Continue to facilitate research in UlC-related areas of geologic sequestration including studies on siting National Water Program Guidance 10 Fiscal Year 2011 ------- Strategies to Protect Public Health characteristics of GS projects, monitoring of injected C02, modeling of C02 plume and pressure front movement, and other processes of C02 injection which could potentially pose risks to underground sources of drinking water. Analyze any data collected through Department of Energy Class II EOR and Class V pilot projects and additional industry efforts to demonstrate, com- mercialize, and implement geologic sequestration of carbon dioxide technology; Engage states, tribes, and public stakeholders through meetings, workshops, and other avenues, as appro- priate; and also work closely with states, tribes, and NGOs on addressing climate change issues; and Provide necessary technical assistance, such as the issu- ance of technical guidance concerning well construc- tion and financial responsibility, to states and tribes in permitting initial GS projects; and where EPA has direct implementation authority, permit GS projects. Also in FY 2011, EPA will continue to review new appli- cations for primary enforcement authority from states and tribes work to dissuade states from returning their UIC programs to the Agency, and update the UIC grant allocation guidance used by states and EPA regions. EPA will continue training on the UIC database. The Agency will continue to work with the states to fully populate the UIC database, targeted to include 68 UIC programs and 500,000 wells by 2012. EPA will support mapping of each state's data for initial submissions and transition from paper reporting to electronic reporting for states that pass Quality Assurance/Quality Control parameters. Improving Drinking Water Public Health Protection Strategy Drinking water protection starts with the SD WA which establishes EPA as the lead in developing national health standards and working with states and other partners to implement the resulting regulations in over 56,000 com- munities across the country. The scientific underpinnings of drinking water regulations are complex. The SDWA holds EPA to high standards in its use of data and other informa- tion and in the rigor of its analyses. The Agency thus faces a two-fold challenge to provide the public with greater clarity on the level of risk posed by regulated and unregulated contaminants, and to more expeditiously reduce exposure to contaminants that may pose undue risks. These challenges are compounded by the numbers of chemi- cals that are manufactured domestically or imported for commercial purposes - tens of thousands with as many as a thousand added every year. The Agency is seeking to confront these challenges in new ways that will help to accelerate efforts to reduce contami- nants that pose significant health risks to drinking water Water Safe to Drink Underground Injection Control (UIC) Grant Guidance to states and tribes. Each year, grant money is allocated to help UIC programs enforce the minimum federal UIC requirements. These funds are authorized by Congress under Section 1443 of the Safe Drink- ing Water Act (SDWA). The State and Tribal Assistance Grants (STAG) are distributed by the national UIC Program. The grant allotments are determined by the UIC Grant Allocation Model and follow the criteria identified in Section 1443 of the SDWA which requires UIC allocations to be based on such factors as "population, geographic area, extent of underground injection practices, and other relevant factors." The formula directs avail- able resources toward the highest risk wells in order to achieve the maximum level of public health protection. UIC Grant Guidance #42 provides more detail about the UIC Grant Allocation Model including how the model works and examples of how the STAG maybe used. See http://www.epa. gov/safewater/uic/gui dance.html. The grant allocations are distributed to EPA regions which then provide funds to states and tribes that have primacy to imple- ment and maintain UIC programs. EPA regions ensure that the programs are focused toward achieving the goals outlined in this National Program Water Guidance. Specifically, work plans/ grant agreements should address the Program Activity Measures (PAMs) for FY 2011, SDW-7a, -7b, -7c and -8, which maybe found in Appendix A. In accordance with EPA Order 5700.6A2, CHG2, revised on September 24, 2007, EPA regions must develop and carry out a post-award monitoring plan and conduct basic monitoring for every award. This monitoring should ensure satisfaction of five core areas: (1) compliance with all programmatic terms and con- ditions; (2) correlation of the recipient's work plan/application and actual progress under the award; (3) availability of funds to complete the project, (4) proper management of and accounting for equipment purchased under the award, and (5) compliance with all statutory and regulatory requirements of the program. Given the variations among the programs, EPA regions deter- mine the appropriate level of monitoring for the UIC grants that comply with the Office of Water and Agency requirements. consumers paying particular attention to protecting chil- dren from unsafe drinking water contaminants. As such, the Agency is reassessing its historic public health protection strategy to consider alternative approaches to protecting the nations' drinking water. The approach encompasses the following: Review of potential and regulated drinking water con- taminants with all its available tools to reduce exposure to drinking water contaminants Employing resources of the Clean Air Act to help reduce deposition in water Restructuring the Toxic Substances Control Act to limit exposure to toxic contaminants National Water Program Guidance 11 Fiscal Year 2011 ------- Strategies to Protect Public Health Reinvigorating the Clean Water Act compliance to protect our source waters, and implementing the Safe Drinking Water Act to protect sensitive life stages, such as children and the elderly. Expanding collection and dissemination information to more clearly communicate the science and risks concern- ing drinking water contaminants, all to help the public better understand and help protect their drinking water. The strategy also proposes innovative and longer-term efforts that EPA can explore to support regulatory develop- ment and highlights efforts that EPA and others can make to improve public health protection while reducing the need for drinking water treatment by keeping contaminants out of the rivers, lakes, and aquifers that serve as America's drinking water sources. C) Grant Program Resources EPA has several program grants to the states, authorized under the Safe Drinking Water Act, that support work towards the drinking water strategic goals including the Public Water System Supervision (PWSS), Drinking Water State Revolving Fund (DWSRF), and Underground Injec- tion Control (UIC) grants. For additional information on these grants, see the grant program guidance on the website (http://www.epa.gov/ water/waterplan). The PWSS grants support the states' primacy activities (e.g., enforcement and compliance with drinking water regulations). PWSS grant guidance issued for FY 2005 will continue to apply in FY 2011. Of the FY 2011 President's Budget request of $105.7 million, approximately $6.8 mil- lion will support implementation of the Tribal Drinking Water Programs. The DWSRF program provides significant resources for states to use in protecting public health. Through FY 2009, the program as a whole provided over $16.1 billion ($16.2B including ARRA) in assistance and states reserved over $1.5 billion in set-asides to support key drinking water pro- grams. In FY 2011, the Agency requested $1.3 billion for the program. EPA is emphasizing targeting DWSRF resources to achieve water system compliance with health-based requirements. Tribal drinking water systems and Alaska Native Village water systems face the challenge of improving access to safe drinking water for the populations they serve. Funding for development of infrastructure to address public health goals related to access to safe drinking water comes from several sources within EPA and from other federal agencies. EPA reserves 1.5% of the DWSRF funds for grants for Tribal and Alaska Native Village drinking water projects, includ- ing upgrading of community water systems and improv- ing access through construction of new systems. EPA also administers a grant program for drinking water and waste- water projects in Alaska Native Villages. Additional funding is available from other federal agencies, including the Indian Health Service. Fish and Shellfish Safe to Eat The FY 2011 budget requests $11.1 million for grants to states to carry out primary enforcement (primacy) responsi- bilities for implementing regulations associated with Classes I, II, III, IV, and V underground injection control wells. In addition, emphasis is directed to activities that address shal- low wells (Class V) in source water protection areas. 2) Fish and Shellfish Safe to Eat A) Subobjective: Percent of women of childbearing age having mercury levels in blood above the level of concern (of 4.6 percent). 2005 Baseline: 5.7% 2010 Commitment: 5.1% 2011 Target: Deferred 2014 Target: 4.6% (Note: Additional measures of progress are identified in Appendix A.) B) Key National Strategies Elevated blood mercury levels pose a significant health risk and consumption of mercury- contaminated fish is the primary source of mercury in blood. As of 2008 across the country, states and tribes have issued fish consumption advisories for a range of contaminants covering 1.4 million river miles and over 18 million lake acres. In addition, a significant portion of the valuable shellfishing acres man- aged by states and tribes is not open for use. EPA's national approach to meeting safe fish goals and improving the quality of shellfishing waters is described on the following pages. 1) Safe Fish EPA's approach to making fish safer to eat includes sev- eral key elements: Encourage development of statewide mercury reduc- tion strategies; Reduce air deposition of mercury; and Improve public information and notification of fish consumption risks. a) Comprehensive Statewide Mercury Reduction Programs EPA recognizes that restoration of waterbodies impaired by mercury may require coordinated efforts to address widely dispersed sources of contamination and that restoration may require a long-term commitment. In early March 2007, EPA established guidelines allow- ing states the option of developing comprehensive mer- cury reduction programs in conjunction with their FY 2008 lists of impaired waters developed under Section 303(d) of the Clean Water Act. Under the new guide- lines, EPA allows states that have a comprehensive mercury reduction program to place waters impaired by mercury in a subcategory "5m" of their impaired waters lists and defer development of mercury TMDLs for these waters. These mercury impaired waters would not be included in estimates of the "pace" of TMDL National Water Program Guidance 12 Fiscal Year 2011 ------- Strategies to Protect Public Health Fish and Shellfish Safe to Eat development needed to meet the goal of developing TMDLs for impaired waters within 8 to 13 years of list- ing the waterbody. The key elements of a state comprehensive mercury reduction program are: Identification of air sources of mercury in the state, including adoption of appropriate state level programs to address in-state sources; Identification of other potential multi-media sources of mercury in products and wastes and adoption of appropriate state level programs; Adoption of statewide mercury reduction goals and targets, including targets for percent reduction and dates of achievement; Multi-media mercury monitoring; Public documentation of the state's mercury reduction program in conjunction with the state's Section 303(d) list; and Coordination across states where possible, such as through the use of multi-state mercury reduction programs. EPA expects that these elements of a comprehensive mercury reduction program will be in place in order for 5m listings to be appropriate (i.e., specific legislation, regulations, or other programs that implement the required elements have been formally adopted by the state, as opposed to being in the planning or implemen- tation stages). States will have the option of using the "5m" listing approach as part of the Section 303(d) lists due to EPA in April of every even numbered year. EPA will also use available tools to identify specific waters with high mercury levels and then address these problems using core Clean Water Act program authori- ties, including TMDL and permitting programs where a state does not develop a comprehensive statewide reduc- tion strategy for specific waters in which a local source of mercury can be addressed using existing tools. b) Reduce Air Deposition of Mercury Most fish advisories are for mercury, and a critical element of the strategy to reduce mercury in fish is reducing emissions of mercury from combustion sources in the United States. On a nationwide basis, by 2010, federal regulatory programs are expected to reduce electric-generating unit emissions of mercury from their 2000 level (see EPA Strategic Plan; Goal 1: Clean Air, Subobjective 1.1.2: Reduced Risk from Toxic Air Pollutants). c) Improve Public Information and Notification of Fish Con- sumption Risks Another key element of the strategy is to expand and improve information and notification of the risks of fish consumption. As part of this work, EPA is also encourag- ing and supporting states and tribes to adopt the fish tissue criterion for mercury that EPA issued in 2001 and apply it based on implementation guidance. EPA is actively monitoring the development of fish con- sumption advisories and working with states to improve monitoring to support this effort. Fish tissues have been assessed to support waterbody-specific or regional consumption advisories for 43% of lake acres and 39% of river miles (see Program Activity Measure FS-1). EPA also encourages states and tribes to monitor fish tissue based on national guidance and most states are now doing this work. 2) Safe Shellfish Shellfish safety is managed through the Interstate Shellfish Sanitation Conference (ISSC), a partnership of the U.S. Food and Drug Administration (FDA); the state shellfish control agencies, the National Oceanic and Atmospheric Administration (NOAA), and EPA. State shellfish control agencies monitor shellfishing waters and can prohibit or restrict harvesting if the waters from which shellfish are taken are considered unsafe. Success in achieving improved quality in shellfishing waters relies on implementation of Clean Water Act programs that are focused on sources causing shellfish acres to be closed. Important new technologies include pathogen source tracking, new indicators of pathogen contamination and predictive correlations between environmental stressors and their effects. Once critical areas and sources are identified, core program authori- ties, including expanded monitoring, development of TMDLs, and revision of discharge permit limits can be applied to improve conditions. In addition, a wide range of clean water programs that applies throughout the country will generally reduce pathogen levels in key waters. For example, work to con- trol Combined Sewer Overflows, reduce discharges from Concentrated Animal Feeding Operations and reduce storm water runoff and nonpoint source pollution will contribute to restoration of shellfish uses. Finally, success in achieving improved water quality in shellfishing waters also depends on improving the avail- ability of state shellfish information. EPA, along with NOAA and FDA, is encouraging states to participate in the ISSC and report shellfish information. EPA is also working to improve data concerning the location of open and restricted shellfishing areas. National Water Program Guidance 13 Fiscal Year 2011 ------- Strategies to Protect Public Health Water Safe for Swimming C) Grant Program Resources Grant resources supporting this goal include the state pro- gram grant under Section 106 of the Clean Water Act, other water grants identified in the Grant Program Resources section of Subobjective 4, and grants from the Great Lakes National Program Office. For additional information on these grants, see the grant program guidance on the website (http://www.epa.gov/ water/waterplan). 3) Water Safe for Swimming A) Subobjective: Percent of days of the beach season that coastal and Great Lakes beaches moni- tored by state beach safety programs are open and safe for swimming: 2006 Baseline: 97% 2010 Commitment: 95% 2011 Target: 95% 2014 Target: 96% (Note: Additional measures of progress are included in Appendix A.) B) Key National Strategies The nation's waters, especially beaches in coastal areas and the Great Lakes, provide recreational opportunities for mil- lions of Americans. Swimming in some recreational waters, however, can pose a risk of illness as a result of exposure to microbial pathogens. By "recreational waters" EPA means waters officially designated for primary contact recreation use or similar full body contact use by states, authorized tribes, and territories. For FY 2011, EPA's national strategy for improving the safety of recreational waters will include four key elements: Establish pathogen indicators based on sound science; Identify unsafe recreational waters and begin restoration; Reduce pathogen levels in all recreational waters; and Improve beach monitoring and public notification. 1) Continue to Develop the Scientific Foundation to Support the Next Generation of Recommended Water Quality Criteria The BEACH Act requires EPA to develop new or revised recreational water quality criteria. EPA is implementing a science plan that will provide the support needed to underpin the next generation of recommended water quality criteria. 2) Identify Unsafe Recreational Waters and Begin Restoration A key component of the strategy to restore waters unsafe for swimming is to identify the specific waters that are unsafe and develop plans to accomplish the needed restoration. A key part of this work is to main- tain strong progress toward implementation of Total Maximum Daily Loads (TMDLs) which are devel- oped based on the schedules established by states in conjunction with EPA. Program Activity Measure WQ-8 indicates that most EPA regions expect to maintain schedules providing for completion of TMDLs within 13 years of listing. EPA will continue to work with states to expand implementation of TMDLs, including developing TMDLs on a water segment or watershed basis where appropriate (see Section II.1). In a related effort, the Office of Water will work in partnership with the Office of Enforcement and Com- pliance Assurance (OECA) to better focus compliance and enforcement resources to unsafe recreational waters. In addition, wet weather discharges, which are a major source of pathogens, are one of OECA's national priorities. 3) Reduce Pathogen Levels in Recreational Waters Generally In addition to focusing on waters that are unsafe for swimming today, EPA, states and tribes will work in FY 2011 to reduce the overall level of pathogens discharged to recreational waters using three key approaches: Reduce pollution from Combined Sewer Overflows (CSOs) that are not in compliance with final require- ments of the Long Term Control Plans; Address other sources discharging pathogens under the permit program; and Encourage improved management of septic systems. Overflows from combined storm and sanitary sewers in urban areas can result in high levels of pathogens being released during storm events. Because urban areas are often upstream of recreational waters, these overflows are a significant source of unsafe levels of pathogens. EPA is working with states and local governments to fully implement the CSO Policy providing for the development and implementation of Long Term Control Plans (LTCPs) for CSOs. EPA expects that close to 84% of the 853 CSO permits will have schedules in place to implement approved LTCPs in FY 2011 (see Program Activity Measure SS-1). EPA will also work with states to resolve longstanding issues associated with sanitary sewer overflows and bypasses at treatment plants. Other key sources of pathogens to the nation's waters are discharges from Concentrated Animal Feeding Operations (CAFOs) and municipal storm sewer systems and industrial facilities. EPA expects to work with states to assure that these facilities are covered by permits. In addition, EPA expects to work with the states to develop approaches for monitoring wet weather discharges and impacts to surface waters, developing WQBELs, and identifying effective control measures and BMPs. For CAFOs, the NPDES regulations currently require facilities with discharges to seek permit coverage. Full implementation of the NPDES permitting requirement for CAFOs will result in lower pathogen contamination National Water Program Guidance 14 Fiscal Year 2011 ------- Strategies to Protect Public Health Water Safe for Swimming due to permitting requirements that place controls on discharges of manure and process wastewater. Finally, there is growing evidence that ineffective septic systems are adversely impacting water resources. EPA will work with state, tribal, and local governments to develop voluntary approaches to improving manage- ment of these systems. 4) Improve Beach Monitoring and Public Notification Another important element of the strategy for improv- ing the safety of recreational waters is improving monitoring of public beaches and notifying the public of unsafe conditions. EPA continues to work with states to implement the Beaches Environmental Assessment and Coastal Health (BEACH) Act and expects that 97 percent of "significant" public beaches will be monitored in accordance with BEACH Act requirements in FY 2010 (see Program Activity Measure SS-2). Significant public beaches are those identified by states as "Tier 1" in their beach monitoring and notification programs. Finally, EPA will continue to receive state information on beach notifications and make it available to the public through the BEACON system (http://www.epa.gov/beaches/). C) Grant Program Resources Grant resources supporting this goal include the Clean Water Act Section 106 grant to states, nonpoint source pro- gram implementation grants (Section 319 grants), and the BEACH Act grant program grants. For additional informa- tion on these grants, see the grant program guidance on the website (http://www.epa.gov/water/waterplan). National Water Program Guidance 15 Fiscal Year 2011 ------- Strategies to Protect and Restore Fresh Waters, Coastal Waters, and Wetlands Restore and Improve Water Quality on a Watershed Basis 111. Strategies to Restore and Improve Fresh Waters, Coastal Waters, and Wetlands An overarching goal of the National Water Program is to protect and restore aquatic systems throughout the country, including rivers, lakes, coastal waters, and wetlands. Although the three subobjective strategies described below address discrete elements of the nation's water resources, the National Water Program manages these efforts as part of a comprehensive effort. In addition, the national strategies described below are intended to work in concert with the efforts to restore and protect the large aquatic ecosystems described in Part IV of this Guidance. 1) Restore and Improve Water Quality on a Watershed Basis A) Subobjective: Use pollution prevention and restoration approaches to protect and restore the quality of rivers, lakes, and streams on a watershed basis. (NOTE: Additional measures of progress are included in the Appendices, including measures related to watersheds and maintaining water quality in streams already meeting standards.) B) Key National Strategies In FY 2011, EPA will work with states, tribes, and others to implement programs to protect and restore water resources with three key goals in mind: Core Water Programs: EPA, states, and tribes need to continue maintaining and improving the integration and implementation of the core national clean water pro- grams throughout the country to most effectively protect and restore water quality. Use of the Watershed Approach: EPA will continue to support the implementation of "watershed approaches" to restoring and protecting waters. This work will be coordinated with the efforts to restore and protect large aquatic ecosystems discussed in Part IV of this Guidance. Water Restoration Goals and Strategies: EPA will continue to work with states and tribes to strengthen capacities to identify and address impaired waters and to use adaptive management approaches to implement cost- effective restoration solutions, giving priority to water- shed approaches where appropriate. Water Protection Goals and Strategies: EPA will work with states and tribes to strengthen capacities to identify and protect high quality waters including efforts to inte- grate these efforts with restoration approaches. 1. Implement Core Clean Water Programs to Pro- tect All Waters Nationwide In FY 2011, EPA, states, and tribes need to continue to effectively implement and better integrate programs established under the Clean Water Act to protect, Section 106 Grant Guidance to States and Interstate Agencies: General Information. This National Water Program Guidance for FY 2011 includes guidance for state and interstate recipients of Section 106 grants for Water Pollution Control Programs. As a general matter, grant recipients are expected to conduct their pro- grams to help achieve the goals, objectives, subobjectives, strategic targets, and program activity measures specified in section III.l of this Guidance. In addition, section III.l includes specific guidance for State and Interstate grant recipients in text boxes like this. Together, section III.l, the text boxes, and Appendix E replace the biannual Section 106 Grant Guidance. The National Water Program Guidance for FY 2011 continues this practice of incorporating Section 106 grants guidance into the main National Program Guidance. This grant guidance covers only the core water pollution control activities listed above this box. EPA continues to provide separate guidance for the following water pollution control activities: Tribal water pollution control programs.* See http://epa.gov/owm/cwfinance/106tgg07.htm. State and Interstate use of Monitoring Initiative funds. See http://epa.gov/owm/cwfinance/106-guidelines-monitor.htm. Water pollution enforcement activities. See http://www.epa.gov/ocfo/npmguidance/ index.htm. Tribes found eligible under section 518(e) of the Clean Water Act to be treated in the same manner as a state (TAS) to administer a water quality standards program are expected to follow the same guidance as states for these programs. National Water Program Guidance 16 Fiscal Year 2011 ------- Strategies to Protect and Restore Fresh Waters, Coastal Waters, and Wetlands Restore and Improve Water Quality on a Watershed Basis improve, and restore water quality. To achieve this, EPA will apply adaptive management principles to our core programs and initiatives. Key tasks for FY 2011 include: Strengthen the water quality standards program; Improve water quality monitoring and assessment; Implement TMDLs and other watershed plans; Strengthen the NPDES permit program; Implement practices to reduce pollution from all nonpoint sources; and Support sustainable wastewater infrastructure. As part of this process, EPA will continue efforts to integrate across programs, media and federal agen- cies to more effectively support efforts to protect and restore waters. In the event that the Office of Water finds that existing programs, initiatives, or processes are not resulting in a significant contribution to national goals, we will work with regions, states, tribes, and other partners to rethink and redesign the delivery of clean water programs to more effectively protect and restore waterbodies and watersheds. Similarly, EPA regional offices have the flexibility to emphasize various parts of core national programs and modify targets to meet EPA regional and state needs and conditions. Priorities for FY 2011 in each of these program areas are described below. a. Strengthen Water Quality Standards: Water Quality Standards are the regulatory and scientific foundation of water quality protection programs under the Clean Water Act. Under the Act, states and authorized tribes establish water quality standards that define the goals and limits for waters within their jurisdictions. These standards are then used to determine which waters must be cleaned up, how much may be discharged, and what is needed for protection. To help achieve strategic targets, EPA will continue to review and approve or disapprove state and tribal water quality standards and promulgate replacement standards where needed; develop water quality cri- teria, information, methods, models, and policies to ensure that each waterbody in the United States has a clear, comprehensive suite of standards that define the highest attainable uses; and as needed, provide technical and scientific support to states, territories, and authorized tribes in the development of their standards. A high priority is to support state and territory development of numeric nutrient criteria water Section 106 Grant Guidance to states and Interstate Agencies: Water Quality Standards. It is EPA's objective for states and authorized tribes to administer the water quality program consistent with the require- ments of the CWA and the water quality standards regulation.* EPA expects states and tribes will enhance the quality and timeliness of their water quality standards triennial reviews so that these standards reflect EPA guidance and updated scientific information. EPA encourages states and tribes to reach early agreement with EPA on triennial review priorities and schedules and coordinate at critical points to facilitate timely EPA reviews of state water quality standards submis- sions. It is particularly important for states and tribes to keep their water quality criteria up to date, including consider- ing all the scientific information EPA has issued for specific pollutants since the state or tribe last updated those criteria, and adding or revising criteria as necessary (see measures WQ-3a and 3b). States with disapproved standards provisions should work with EPA to resolve the disapprovals promptly. EPA places a high priority on states proposing and adopting numeric water quality standards for total nitrogen and total phosphorus that apply to all waters in each of three waterbody types - lakes and reservoirs, rivers and streams, and estu- aries - to help target reductions in excess nutrients that can cause eutrophication and other problems in those waters (see measures WQ-la and lb). To help EPA track state progress, states need to provide EPA with a full set of performance milestone information concerning total nitrogen and total phosphorus numeric criteria development, proposal, and adoption (see measure WQ-lc). These three nutrient criteria measures are new for 2011. To facilitate accurate reporting, EPA is providing detailed guidance for WQ-la, lb, and lc in Appendix H. EPA strongly encourages states and authorized tribes without antidegradation implementation methods to establish them as soon as possible, consistent with EPA's regulation. States and tribes should make their water quality standards accessible to the public on the Internet in a systematic format. Users should be able to identify the current EPA-approved standards that apply to each waterbody in the state or reservation, for example by providing tables and maps of designated uses and related criteria. EPA has developed the Water Quality Standards Database for this purpose. EPA will provide a copy of the Database for a state or tribe to populate, operate, and maintain locally if it does not have its own database. You may request a copy of the WQSDB and guidance for its installation and use at http://www.epa.gov/waterscience/standards/wqshome/. Tribes found eligible to be treated in the same manner as a state (TAS) to administer water quality standards programs under section 518 of the Clean Water Act. As of January 2009, 44 tribes have been found to be eligible for TAS status. National Water Program Guidance 17 Fiscal Year 2011 ------- Strategies to Protect and Restore Fresh Waters, Coastal Waters, and Wetlands Restore and Improve Water Quality on a Watershed Basis quality criteria to help target reductions in excess nitrogen and phosphorus that can cause eutrophica- tion and other problems in lakes, estuaries, rivers, and streams. EPA will work with states and territo- ries as they propose and adopt numeric water quality standards for total nitrogen and total phosphorus that apply to each of three entire waterbody types: lakes and reservoirs; rivers and streams; and estuar- ies. To track progress, EPA will work with states to identify internal milestones for developing, propos- ing, and adopting total nitrogen and total phospho- rus numeric criteria for their waters (see Program Activity Measures WQ-la, lb, and lc). EPA continues to believe that it is also beneficial for states to derive additional numeric criteria for response variables, such as chlorophyll-a and water clarity. Continuing degradation of previously high quality waters is of increasing concern. EPA's antidegrada- tion policy calls for states and authorized tribes to conduct a public review of proposed activities that are likely to lower water quality in high quality waters to determine whether the proposed degradation is necessary to accommodate important economic or social development in the area in which the waters are located. EPA strongly encourages states and authorized tribes without antidegradation imple- mentation procedures to establish them as soon as possible to ensure that antidegradation policies are implemented. In a related effort, EPA will continue to encourage and support tribes in implementing one of the three approaches for protecting water quality contained in EPA's Final Guidance on Awards of Grants to Indian Tribes under Section 106 of the Clean Water Act. The three approaches are: the non-regulatory approach; the tribal law water quality protection approach; and the EPA-approved water quality protection approach. EPA tracks the progress of tribes adopting EPA- approved water quality standards under the third approach (see Program Activity Measure WQ-2). EPA will also work with states, territories, and autho- rized tribes to ensure the effective operation of the standards program, including working with them to keep their water quality standards up to date with the latest scientific information (see Program Activity Measures WQ-3a and 3b) and to facilitate adoption of standards that EPA can approve (see Program Activity Measures WQ-4a). EPA encourages states, territories, and authorized tribes to make their water quality standards accessible to the public on the Internet in a systematic format. b. Improve Water Quality Monitoring and Asses- sment: EPA will continue to work with states, tribes, territories, and other partners to provide the moni- toring data and information needed to make good water quality protection and restoration decisions and to track changes in the nation's water quality over time. Beginning in FY 2005, Congress designated $18.5 million in new Section 106 funds for a monitoring initiative, which builds upon states' base investments in monitoring to include enhancements to state and interstate monitoring programs and collaboration on statistically-valid surveys of the nation's waters. EPA recognizes that these funds represent a small amount of the total needed to address all state water monitor- ing needs. The basis for allotting these funds is found in the Amendment to the Guidelines for the Award of Monitoring Initiative Funds under Section 106 Grants to States, Interstate Agencies, and Tribes in the Federal Register in July 17, 2008 (http://www.epa.gov/owm/ cwfinance/award-monitoring-fund.htm). The guide- lines specify the activities that states and interstate agencies carry out under the monitoring initiative. These included funding new, expanded, or enhanced monitoring activities as part of the state's implemen- tation of its comprehensive state monitoring strategy. Some monitoring priorities that states should consider include: Integration of statistical survey and targeted moni- toring designs to assess the condition of all water resources over time; Evaluate the effects of implementation of TMDLs and watershed plans, Development of criteria and standards for nutri- ents and excess sedimentation; Enhancement of bioassessment and biocriteria for all water resources; and Support other state monitoring objectives, includ- ing monitoring of wetlands and use of landscape and other predictive tools. A separate Section 106 workplan component must be submitted that includes water monitoring activities and milestones for both implementation of state strategies and collaboration on statistically-valid surveys of the nation's waters, (http://www.epa.gov/ owow/monitoring/ nationalsurveys.html) State and EPA cooperation on statistically-valid assessments of water condition nationwide remains a top priority. In FY 2011, states, tribes, EPA, and other partners will be completing the analysis for a statistically valid survey of rivers and streams. The results of this survey will be issued in FY 2012, with a report on the baseline condition of rivers and changes in stream condition since 2006 (see Strategic Target SP-13). During FY 2011, field sampling for the first ever statistically valid survey of wetland condi- tion will occur. (See Sub-objective 4.3.1, Increase Wetlands.) During FY 2011, samples for the fifth National Water Program Guidance 18 Fiscal Year 2011 ------- Strategies to Protect and Restore Fresh Waters, Coastal Waters, and Wetlands Restore and Improve Water Quality on a Watershed Basis Section 106 Grant Guidance to States and Interstate Agencies: Monitoring. EPA encourages states, territories, and interstate com- missions to use a combination of Section 106 monitoring funds, base 106 funds, and other resources available to enhance their monitoring activities, and meet the objec- tives of EPA's March, 2003 guidance, "Elements of a State Water Monitoring and Assessment Program" (http:// www.epa.gov/owow/monitoring/elements/), which calls for states to implement their monitoring strategies by 2014. During FY 2011, these efforts include: Implementing monitoring strategies; Undertaking statistical surveys; and Integrating assessments of water conditions, including reports under Section 305(b) of the Clean Water Act and listing of impaired waters under Section 303(d) of the Clean Water Act by April 1, 2010. In FY 2011, some states will transmit water quality data to the national STORET warehouse using the Water Qual- ity Exchange (WQX) framework and submit assessment results for the 2011 Integrated Report via the Assessment Database version 2, or a compatible electronic format, and geo-reference these assessment decisions (see Pro- gram Activity Measure WQ-7). EPA will support states' use of WQX, WQX Web, and data in the STORET Data Warehouse through technical assistance and exchange network grants. Water quality assessment data are critical to measuring progress towards the Agency's and states' goals of restoring and improving water quality. statistically-valid assessment of coastal waters will be analyzed to report on trends in FY 2012. A portion of the FY 2011 CWA Section 106 Monitoring Initia- tive funds will be allocated for sampling and analysis for the second statistically-valid survey of lakes nationwide, with a report scheduled in 2014. EPA will enhance and expand work with states, tribes, and other partners to improve the administration, logisti- cal, and technical support for the surveys. In FY 2011, states will continue to enhance and refine their monitoring programs and make progress according to schedules established in their monitor- ing strategies (see Program Activity Measure WQ-5). EPA stresses the importance of using statistical surveys to generate statewide assessments and track broad-scale trends; enhancing and implementing designs to address water information needs at local scales (e.g., watersheds) including monitoring waters where restoration actions have been implemented, and integrating both statistical surveys and tar- geted monitoring to assess the condition of all water resources over time. EPA will assist tribes in developing monitoring strategies appropriate to their water quality programs through training and technical assistance and work with tribes to provide data in a format accessible for storage in EPA data systems (see Program Activity Measure WQ-6). As tribal strategies are developed, EPA will work with tribes to implement them over time. EPA's goal is to achieve greater integration of fed- eral, regional, state, tribal, and local level monitoring efforts to connect monitoring and assessment activi- ties across geographic scales, in a cost-efficient and effective manner, so that scientifically defensible mon- itoring data is available to address issues and problems at each of these scales. In addition EPA will work with states and other partners to address research and technical gaps related to sampling methods, analytical approaches, and data management. c. Implement TMDLs and Other Watershed Related Plans: Development and implementation of TMDLs for 303(d) listed waterbodies is a critical tool for meeting water quality restoration goals. TMDLs focus on clearly defined environmental goals and establish a pollutant budget, which is then implemented via permit requirements and through local, state, and federal watershed plans/programs. Strong networks, including the National Estuary Programs (see "Protect Coastal and Ocean Waters" Sub objective), as well as the Association of State and Interstate Water Pollu- tion Control Administrators (ASIWPCA), and federal land management agencies foster efficient strategies to address water quality impairments. In 2007, EPA and the Forest Service (FS) signed a Memorandum of Agreement (http://www.epa.gov/owow/tmdl/usfsepa- moa/) designed to develop strategies (e.g., TMDLs and TMDL alternatives) to address water quality impair- ments on FS land. In addition, EPA recently formed a partnership with the Fish and Wildlife Service (FWS) to identify the location of impaired waters and to develop a strategy to address and protect waters on FWS land. These networks are uniquely positioned to improve water quality through development and implementation of TMDLs, TMDL alternatives, and other restoration actions. EPA will track the degree to which states develop TMDLs or take other appropriate actions (TMDL alter- natives) on approved schedules, based on a goal of at least 80 percent on pace each year to meet state sche- dules or straight-line rates that ensure that the national policy of TMDL development within 8-13 years of listing is met (see Program Activity Measure WQ-8). As noted below, EPA is encouraging states to organize schedules for TMDLs to address all pollutants on an impaired segment when possible (see Program Activ- ity Measure WQ-21). Where multiple impaired seg- ments are clustered within a watershed, EPA encour- ages states to organize restoration activities across the watershed (i.e., apply a watershed approach). To assist in the development of Watershed TMDLs, the National Water Program Guidance 19 Fiscal Year 2011 ------- Strategies to Protect and Restore Fresh Waters, Coastal Waters, and Wetlands Restore and Improve Water Quality on a Watershed Basis Section 106 Grant Guidance to States and Interstate Agencies: TMDLs. EPA encourages states to effectively assess their waters and make all necessary efforts to ensure the timely submittal of required § 303(d) lists of impaired waters. For the 2008 Integrated Reporting Cycle, there was a significant improvement in timely list submissions. In 2011, EPA will continue to work with states, interstate agencies, and tribes to foster a watershed approach as the guiding principle of clean water programs. In watersheds where water quality standards are not attained, states will develop Total Maximum Daily Loads (TMDLs), critical tools for meeting water restoration goals. States should establish a schedule for developing necessary TMDLs as expeditiously as practicable. EPA policy is that TMDLs for each impairment listed on the state § 303(d) lists should be established in a time frame that is no longer than 8 to 13 years from the time the impairment is identified. States have started to address more difficult TMDLs, such as broad-scale mercury and nutrient TMDLs, which required involvement at the state and federal level across multiple programs. EPA will also continue to work with states to facilitate accurate, comprehensive, and georef- erenced data made available to the public via the Assess- ment, TMDL Tracking, and Implementation System (ATTAINS). TMDL program developed two tools: Draft Handbook for Developing Watershed TMDLs, and a 'checklist' for developing mercury TMDLs where the source is primarily atmospheric deposition (http://www. epa.gov/owow/tmdl/). Another tool supporting the development of watershed TMDLs is the Causal Analyses/Diagnosis Decision Information System (http:// cfpub.epa.gov/ caddis). For waters impaired by problems for which TMDLs are not appropriate, EPA will work with partners to develop and implement activities and watershed plans to restore these waters e.g., TMDL alternatives. Addi- tionally, EPA will work with partners to improve our ability to identify and protect healthy waters/water- sheds, and to emphasize integration of and application of core program tools, the watershed approach, and innovative ideas for protecting these waters. d. Strengthen the NPDES Permit Program: The NPDES program requires point source dischargers to be permitted and requires pretreatment programs to control discharges from industrial and other facilities to the nation's public-owned treatment works. EPA is working with states to structure the permit program to better support comprehensive protection of water quality on a watershed basis and recent increases in the scope of the program arising from court orders and environmental issues. In addition, the NPDES Program will be working closely with the Office of Enforcement and Compliance Assurance (OECA) to implement the Clean Water Act Action Plan. Addi- tional information on the Action Plan, and 2011 activities can be found at: http://www.epa.gov/ocfo/ npmguidance/index.htm#OECA. Some key NPDES program efforts include: NPDES Program and Permit Quality Reviews and Action Items: EPA conducts Regional Pro- gram and Permit Quality Reviews (PQRs) to assess the health and integrity of the NPDES program in both the regional offices and authorized states. EPA developed a commitment and tracking system to ensure that regional and state NPDES programs implement follow-up actions resulting from these assessments. EPA continues to emphasize the importance of these follow-up actions (see Program Activity Measure WQ-11). Additional action items will continue to be identified and addressed through this process in FY 2011. Program Integrity: EPA will increase emphasis in working with states to ensure the integrity of the NPDES program. Consistent with the Clean Water Act Action Plan, EPA will integrate program and enforcement oversight to ensure the most signifi- cant actions affecting water quality are included in an accountability system and are addressed. Some factors that will be reviewed in EPA's oversight pro- gram include sufficient progress in the implementa- tion of the NPDES program including permitting, inspections, and enforcement. In addition, EPA will begin a process to make streamlining revisions to various parts of the existing NPDES application and permit regulations to improve program clarity, protection of water quality, program transparency, and efficiency. High Priority Permits: States and EPA regions are asked to select high priority permits based on programmatic and environmental significance and commit to issuing a specific number of those per- mits during the fiscal year. Beginning in FY 2010, EPA aligned the priority permit universe selection with the GPRA commitment schedule (see Program Activity Measures WQ-19). Watershed Permits/Water Quality Trad- ing: Organizing permits on a watershed basis can improve the effectiveness and efficiency of the program. Permits can also be used as an effective mechanism to facilitate cost-effective pollution reduction through water quality trading (see Pro- gram Activity Measure WQ-20). EPA will continue to coordinate with EPA regional offices, states, USDA, and other federal agencies to implement watershed programs. National Water Program Guidance 20 Fiscal Year 2011 ------- Strategies to Protect and Restore Fresh Waters, Coastal Waters, and Wetlands Restore and Improve Water Quality on a Watershed Basis Green Infrastructure: EPA is collaborating with partner organizations to implement the Green Infrastructure Action Strategy released in Janu- ary 2008, to help incorporate green infrastructure solutions at the local level to protect water qual- ity using integrated wet weather management. Green Infrastructure management approaches and technologies infiltrate, evapotranspire, capture and reuse stormwater to maintain or restore natural hydrology EPA supports use of Section 106 funds to provide programmatic support for green infrastruc- ture efforts promote prevention, reduction, and elimination of water pollution. Pesticides: On January 7, 2009, the sixth Circuit Court of Appeals required EPA and authorized states to issue permits for the application of pes- ticides to waters of the U.S. EPA will develop and public notice a draft general permit in 2010 in the states where EPA is the permitting authority for the application of pesticides to waters of the U.S. and finalize the permit in 2011. EPA will assist the other 45 states in developing their own general permits and assist in a national effort to educate the pesticides application industry regarding how to comply with the new permits. EPA OW, OECA, and the regions will work together to issue the per- mit four months early, if possible, to work with the industry sector to understand what is required. Vessels: As a result of a 2006 court ruling vacating a longstanding EPA regulation, approximately 70,000 vessels that were exempt from permitting need to be covered by an NPDES permit for discharges incidental to their normal operation. EPA is devel- oping scientific protocols and models to determine how to more effectively control the introduction of numerous aquatic invasive species into our Nation's waters from ballast water discharges. Ballast water discharges have resulted in the introduction of numerous aquatic invasive species, resulting in severe degradation of many ecosystems and bil- lions of dollars of economic damages. Legislation enacted on July 31, 2008, (P.L. 110-299) established a moratorium on NPDES permitting of incidental discharges (except ballast water) from fishing vessels (regardless of size) and commercial vessels less then 79 feet which will expire on July 31, 2010. Absent congressional action, after the expiration of the moratorium, these vessels will need to be covered by an NPDES permit to discharge legally. Stormwater: In October 2008, The National Academy of Sciences/National Research Council (NRC) found that EPA's stormwater program needs significant changes to improve its effectiveness and the quality of urban streams. EPA has evaluated the NRC findings and state permitting authorities have identified additional efficiencies that should be considered. EPA has initiated national rule- making to improve the overall efficiency and effectiveness of the program. CAFOs: EPA revised the NPDES regulations for Concentrated Animal Feeding Operations (CAFOs) in 2008 to address the Second Circuit's 2005 deci- sion in Waterkeeper Alliance et al. v. EPA. Under the terms of the revised regulations, CAFOs that discharge or propose to discharge to waters of the U.S. must seek NPDES permit coverage. EPA is working to assure that all states have up-to-date CAFO NPDES programs and that all CAFOs that discharge seek and obtain NPDES permit coverage. EPA will also work with permitting authorities to identify which CAFOs need to seek permit cover- age and provide the tools and information needed to prevent discharges and provide appropriate permit coverage. In addition, EPA will continue to monitor the number of CAFOs covered by NPDES permits as an indication of state progress (see Program Activity Measure WQ-13). Chesapeake Bay: In response to the Chesapeake Bay Executive Order, EPA will conduct significant new regulatory, permitting, modeling, report- ing and planning efforts for the Agency, including developing a stormwater regulation to better control wet weather related pollution and revised CAFO implementation guidance and regulations to better control agricultural pollution in the Chesapeake Bay. EPA will encourage state NPDES programs to incor- porate more stringent permit provisions in storm- water permits prior to promulgation of a rule. Also, EPA will review all new or reissued NPDES permits for significant municipal and industrial wastewater dischargers submitted by Bay jurisdictions to ensure that the permits are consistent with the applicable Bay water quality standards and the Bay TMDL was- teload allocations. In addition, EPA will continue to support states and EPA regional offices in effectively implementing the NPDES program to improve the health of the watershed. Finally, EPA will implement a Chesapeake Bay Compliance and Enforcement Strategy in part to ensure that permittees are in compliance with their permit provisions. Sanitary Sewer Overflows (SSOs) and Bypasses: EPA will continue to work with states to resolve longstanding issues related to overflows in separate sanitary sewer systems and bypasses at the treat- ment plant to ensure that water quality is protected during wet weather events. EPA will be conducting outreach meetings in its initiation of a rulemaking. Current Permits: EPA will continue to work with states to set targets for the percentage of permits that are considered current, with the goal of assur- ing that not less than 90% of all permits are cur- rent (see Program Activity Measure WQ-12). National Water Program Guidance 21 Fiscal Year 2011 ------- Strategies to Protect and Restore Fresh Waters, Coastal Waters, and Wetlands Restore and Improve Water Quality on a Watershed Basis Pretreatment: EPA and states will monitor the percentage of significant industrial facilities that have control mechanisms in place to implement applicable pretreatment requirements prior to discharging to Publicly Owned Treatment Works (POTWs). EPA will also monitor the percentage of categorical industrial facilities in non-pretreatment POTWs that have control mechanisms in place to implement applicable pretreatment requirements (see Program Activity Measure WQ-14). Compliance: EPA will track and report on key measures of compliance with discharge permits including the percent of major dischargers in Significant Noncompliance (SNC), and the percent of major publicly owned treatment works (POTWs) that comply with their permitted wastewater dis- charge standards (see Program Activity Measures WQ-15 and WQ-16). Urban Waters: In March 2009, EPA introduced the Urban Waters Initiative to focus on helping urban communities, particularly disadvantaged communities, to reconnect with and revitalize their water environments. EPA's OWM has been involved in several urban water workgroups, developed work products to advance the initiative and strategy to integrate green infrastructure into stormwater management plans, reduce combined sewer overflows, and promote wastewater opera- tion certification training. e. Implement Practices to Reduce Pollution from all Nonpoint Sources: Polluted runoff from sources such as agricultural lands, forestry sites, and urban areas is the largest single remaining cause of water pollu- tion. Land applied nutrients represent a significant challenge to improving water quality. EPA, states, and tribes are working with local governments, watershed groups, property owners, and others to implement programs and management practices to control pol- luted runoff throughout the country. EPA provides grant funds to states and tribes under Section 319 of the Clean Water Act to implement comprehensive programs to control nonpoint pol- lution, including reduction in runoff of nitrogen, phosphorus, and sediment. EPA will monitor prog- ress in reducing loadings of these key pollutants (see Program Activity Measure WQ-9). In addition, EPA estimates that some 5,967 waterbodies are primarily impaired by nonpoint sources and will track progress in restoring these waters nationwide (see Program Activity Measure WQ-10). Section 106 Grant Guidance to States and Interstate Agencies: Permits, Enforcement, and Compliance. States should continue to implement significant actions identified during Regional program and permit quality reviews to assure effective management of the permit program and to adopt efficiencies to improve environmental results. States should also implement recommended significant actions identified under the EPA/ECOS enforcement and compliance "State Review Framework" process. States should place emphasis on implementing criteria to ensure that priority permits selected are those offering the greatest benefit to improve water quality and those permit revisions needed to implement TMDLs. EPA will track the implementation of the significant action items described above (WQ-11). EPA will work with each state to evaluate and set programmatic and performance goals to maximize water quality improvement and achieve state and EPA regional priorities across the Clean Water Act programs to maintain the integrity of the NPDES programs. EPA and states should work together to optimally balance competing priorities, schedules for action items based on the significance of the action, and program revisions. States are encouraged to seek opportunities to incorporate efficiency tools such as watershed permitting, trading, and linking development of water quality standards, TMDLs, and permits. States are expected to ensure that stormwater permits are reissued on a timely basis and to strengthen the provisions of the MS4 permits as the permits are reissued to ensure clarity on what is required and that permits are written so that they are enforceable. States should place emphasis on incorporating green infrastructure in all stormwater permits. States need to update their programs to implement the concentrated animal feeding operation (CAFO) rule, including regulations, permits and technical standards, and work closely with their inspection and enforcement programs to ensure a level playing field. States need to update their programs to issue pesticide permits by April 2011. In general, states should ensure that permittees submit data that accu- rately characterizes the pollutant loadings in their discharge for reasonable potential determinations and other reporting. States are expected to ensure data availability by fully populating the required Integrated Compliance Information System (ICIS- NPDES) or Permit Compliance System (PCS) data elements Water Enforcement National Data Base (WENDB)) or data elements in ICIS-NPDES that are comparable to WENDB in PCS or ICIS (December 28, 2007 memo from Michael Stahl and James Hanlon, "ICIS Addendum to the Appendix of the 1985 Permit Compliance System Policy Statement") as appro- priate. The Office of Enforcement and Compliance Assurance (OECA) has a separate National Program Manager (NPM) Guidance. In 2011, OECA's NPM Guidance identifies initial activities for improving enforcement efforts aimed at address- ing water quality impairment through the Clean Water Act Action Plan (the Action Plan). OW and states will be working closely with OECA as the Action Plan is implemented. The final OECA NPM Guidance is available with the complete Agency set at: www.epa.gov/ocfo/npmguidance/index.htm. National Water Program Guidance 22 Fiscal Year 2011 ------- Strategies to Protect and Restore Fresh Waters, Coastal Waters, and Wetlands Restore and Improve Water Quality on a Watershed Basis As described in more detail in Section 2 below, EPA is encouraging states to use the Section 319 pro- gram to support a more comprehensive, watershed approach to protecting and restoring water quality. EPA first published in FY 2003 new grant guidelines for the Section 319 program to require the use of at least $100 million for developing and implement- ing comprehensive watershed plans. These plans are geared towards restoring impaired waters on a watershed basis while still protecting high quality and threatened waters as necessary. In FY 2011, EPA will continue to work closely with and support the many efforts of states, interstate agencies, tribes, local governments and communities, watershed groups, and others to develop and implement their local watershed-based plans. State CWSRF funds are also available to support efforts to control pollution from nonpoint sources. f. Support Sustainable Water Infrastructure: The U.S. depends on drinking water, wastewater, and stormwater infrastructure for the health, the economy, the vitality of water environment, and the sustainability of communities. However, the U.S. has underinvested in the renewal of existing infra- structure while growth patterns create needs for an expanding network of infrastructure that communi- ties will need to maintain and replace. The U.S. must embrace a fundamental change in the way we manage, value, and invest in infrastruc- ture. EPA is pursuing a Sustainable Infrastructure Program, designed to affect that change by institu- tionalizing practices that will help communities find sustainable solutions while maximizing the value of each infrastructure dollar spent. The suite of activi- ties which comprises the program is based on two basic tenets: To be sustainable as a community, you need sus- tainable infrastructure. To achieve sustainable water infrastructure, you need sustainable utilities. To those ends, EPA is working to foster the integra- tion of water infrastructure decisions into smart growth strategies that provide more livable com- munities and reduce long term infrastructure needs and costs. EPA is also working to promote effective and sustainable utility management. Those efforts center around upfront planning that incorporates the assessment of life cycle costs, innovative and green alternatives, and collateral environmental benefits into infrastructure investment strategies. Sustainable Water Infrastructure is an integral part of the Sustainable Communities Partnership between HUD, DOT, and EPA. EPA is working with the partners to integrate infrastructure planning across water, housing, and transportation sectors to achieve the partnership goals. EPA is also pursuing these goals through the DWSRFs and CWSRFs that provide low interest loans to help finance drinking water and wastewater treatment facilities, as well as other water quality projects. Rec- ognizing the substantial remaining need for drinking water and wastewater infrastructure, EPA expects to continue to provide significant annual capitaliza- tion to the SRFs, and to encourage the leveraging of those investments to achieve infrastructure and community sustainability. EPA will work with states to assure the effective operation of SRFs, including monitoring the fund utilization rate (see Program Activity Measure WQ-17). In another example, EPA is working with USDA and other partners to expand the promotion of effective utility management with smaller utilities. This effort will support the National Water Program's efforts to address the needs of disadvantaged urban and rural communities. In a related effort, EPA will work with other federal agencies to improve access to basic sanitation. The 2002 World Summit in Johannesburg adopted the goal of reducing the number of people lacking access to safe drinking water and basic sanitation by 50% by 2015. EPA will contribute to this work through its support for development of sanitation facilities in Indian country, Alaskan Native villages, and Pacific Island communities using funds set aside from the CWSRF and targeted grants. Other federal agen- cies, such as the Department of the Interior (DOI), the U.S. Department of Agriculture (USDA), and the Department of Housing and Urban Development, also play key roles in this area and are working with EPA in this effort. EPA is also working to improve access to drinking water and wastewater treatment in the U.S.-Mexico Border area (see Section IV of this Guidance). 2. Accelerate Watershed Protection Strong implementation of core Clean Water Act pro- grams is essential to improving water quality but is not sufficient to fully accomplish the water quality improve- ments called for in the Agency's Strategic Plan. Today's water quality problems are often caused by many signifi- cant factors that are not adequately addressed by these core programs, including loss of habitat and habitat fragmentation, hydrologic alteration, invasive species, and climate change. Addressing these complex problems demands a watershed systems approach to protection that considers both habitats and the critical watershed processes that drive the condition of aquatic ecosys- tems. The watershed systems approach is implemented through an iterative planning process to actively seek broad public involvement and focus multi-stakeholder National Water Program Guidance 23 Fiscal Year 2011 ------- Strategies to Protect and Restore Fresh Waters, Coastal Waters, and Wetlands Restore and Improve Water Quality on a Watershed Basis and multi-program efforts within hydrologically-defined boundaries to address priority resource goals. The National Water Program has successfully used a watershed approach to focus core program activities and to promote and support accelerated efforts in key watersheds. At the largest hydrologic scales, EPA and its partners operate successful programs addressing the Chesapeake Bay Great Lakes, Gulf of Mexico, and National Estuary Program watersheds. Many states, EPA regions, and their partners have also undertaken important efforts to protect, improve, and restore water- sheds at other hydrologic scales. Together, these projects provide strong evidence of the value of a comprehensive approach to assessing water quality, defining problems, integrating management of diverse pollution controls, and defining financing of needed projects. Over the past decade, EPA has witnessed a groundswell of locally-driven watershed protection and restoration efforts. Watershed stakeholders, such as citizen groups, governments, non-profit organizations, and businesses, have come together and created long-term goals and innovative solutions to clean up their watersheds and promote more sustainable uses of their water resources. Additionally, many of these groups and other volunteer efforts provide water monitoring data that can be used to identify problems and track progress toward water quality goals. EPA estimates that there are approxi- mately 6,000 local watershed groups active nationwide. To increase focus on protecting, maintaining, and conserving our nation's remaining healthy waters, EPA has launched a proactive approach called the Healthy Watersheds Initiative (HWI). The goal of the HWI is to maintain and protect a healthy watershed "infrastruc- ture" of habitat, biotic communities, water chemistry, and intact watershed processes such as hydrology, fluvial geomorphology, and natural disturbance regimes. These healthy, functioning watersheds provide the ecologi- cal infrastructure that anchor water quality restoration efforts. This ecological support system will enable us to restore impaired waters, and to do so cost effec- tively. Key components of the HWI are development of Regional Office HWI Strategies that include working with the states to identify healthy watersheds and intact components of other watersheds statewide and imple- ment protection and conservation programs both at the state and local levels. For FY 2011, EPA will develop and implement its National Strategy, including a Healthy Watersheds Strategy, for building the capacity of state, tribal, and local government and watershed groups to protect and restore water quality. The Strategy empha- sizes four activities to accelerate local watershed protec- tion efforts: Target training and tools to areas where existing groups can deliver environmental results; Work with states to develop and begin implemen- tation of Healthy Watersheds programs; Enhance support to local watershed organizations through third party providers (e.g., federal partners, EPA assistance agreement recipients), including sup- port for enhancing volunteer monitoring and EPA and state ability to use volunteer data; and Share best watershed approach management practices in locations where EPA is not directly involved. EPA is also working at the national level to develop partner- ships with federal agencies to encourage their participation in watershed protection and to promote delivery of their programs on a watershed basis. For example, EPA is work- ing with other federal agencies (e.g., Forest Service, USGS, USFWS & others) to leverage their healthy watersheds programs (e.g., Green Infrastructure Community of Practice). Also, EPA will work with USDA to promote coordinated use of federal resources, including grants utilizing the Clean Water Act Section 319 and Farm Bill funds. EPA is also working with the U.S. Forest Service (USFS) and the U.S. Fish and Wildlife Service to foster efficient strategies to address water qual- ity impairments by maintaining and restoring watersheds on federal lands. EPA and the USFS will work to advance a suite of water quality related actions, TMDL alternatives (i.e., including category 4b watershed plans) that will build partnerships between agencies and among states. 3. Define Waterbody/Watershed Standards Attainment Goals and Strategies In 2002, states identified some 39,503 specific waterbodies as impaired (i.e., not attaining state water quality stan- dards) on lists required under Section 303(d) of the Clean Water Act. Although core programs, as described above, provide key tools for improving these impaired waters, suc- cess in restoring the health of impaired waterbodies often requires a waterbody-specific focus to define the problem and implement specific steps needed to reduce pollution. Nationally, EPA has adopted a goal of having 3,250 of those waters identified as attaining water quality stan- dards by 2014 (about 8.2% of all impaired waters identi- fied in 2002). Regions have indicated the progress they expect to make toward this goal in FY 2011 (see strategic target SP-10 and the table on next page). Regional commitments for this measure, to be devel- oped over the summer of 2010 based on the targets in the table above, should reflect the best effort by EPA regions and states to address impaired waters based on redesigning and refocusing program priorities and delivery methods where necessary to meet or exceed this measure's targets. In the event that an EPA regional office finds that existing program delivery and alignment is not likely to result in a significant contribution to national goals, the EPA region should work with states to rethink and redesign the delivery of clean water programs to more National Water Program Guidance 24 Fiscal Year 2011 ------- Strategies to Protect and Restore Fresh Waters, Coastal Waters, and Wetlands Restore and Improve Water Quality on a Watershed Basis Targets for Attaining Standards in Impaired Waters By Region and Nationally (Measure SP-10) Region Total Impaired Waters (2002) FYs 2002-2009 Waters in Attainment FY 2010 Commitment (cumulative) FY 2011 Target (cumulative) l 6,710 84 90 106 2 1,805 113 119 132 3 8,998 431 550 560 4 5,274 418 460 460 5 4,550 537 621 621 6 1,407 170 182 182 7 2,036 289 295 302 8 1,274 222 227 227 9 1,041 51 72 72 10 6,408 190 193 195 Totals 39,503 2,505 2,809 2,857* (Note that a previous measure reported 1,980 waters identified as impaired in 1998-2000 to be in attainment by 2002. These estimates are not included in the table above. *The national FY 2011 target for this measure is 2,910.) improvement in 300 such watersheds by 2014 (see strategic target SP-12). Regions are encouraged to use some or all of the fol- lowing strategies in marshalling resources to support waterbody and watershed restoration: Realign water programs and resources as needed, including proposal of reductions in allocations among core water program implementation as reflected in commitments to annual program activity measure targets; Coordinate waterbody restoration efforts with Section 319 funds reserved for development of watershed plans; Make effective use of water quality planning funds provided under Section 604(b) of the Clean Water Act; Leverage resources available from other federal agen- cies, including the USDA; and Apply funds appropriated by Congress for watershed or related projects. EPA also recognizes that additional impaired waters are not included on state 303(d) lists because the standards impairments may not require or be most effectively addressed through development and implementa- tion of a TMDL. Many of these waters are identified in Categories 4b and 4c of state Integrated Reports - that is, where the impairment is being addressed through other pollution control requirements (4b), or where the impairment is not caused by a pollutant, per se, but rather by habitat degradation or other factors (4c). EPA and its partners should continue to work together to ensure that restoration efforts are focused on these waters as well as those on the 303(d) list, facilitate integration of activities to incorporate these waters into effectively restore waterbodies and watersheds. Regions will also develop targets and commitments for progress under measures related to improvement of impaired waters short of full standards attainment (see measure SP-11) and in small watersheds where one or more water- body is impaired (see measures SP-12). States and EPA regions have indicated that the time frame for reaching full attainment in formerly impaired waters can be long and that the significant program efforts to put restoration plans in place need to be better recognized. Acknowledging this issue, EPA will work with states to report the number of impaired water segments where restoration planning will be complete in FY 2011 (see Pro- gram Activity Measure WQ-21). Completion of planning is an essential, intermediate step toward full restoration of a waterbody and can be documented more quickly than actual waterbody improvement. In general, planning for restoration is complete when each cause of impairment in a waterbody is covered by one or more of the following: an EPA approved TMDL, a watershed restoration plan that is an acceptable substitute for a TMDL (e.g. TMDL alterna- tive), or a statewide mercury reduction program consis- tent with EPA guidance. For some impaired waters, the best path to restoration is the prompt implementation of a waterbody-specific TMDL or TMDLs. For many waters, however, the best path to restoration will be as part of a larger, watershed approach that results in completion of TMDLs for mul- tiple waterbodies within a watershed and the develop- ment of a single implementation plan for restoring all the impaired waters in that watershed. EPA has identi- fied some 4,800 small watersheds where one or more waterbodies are impaired and the watershed approach is being applied. The goal is to demonstrate how the Water- shed Approach is working by showing a measurable National Water Program Guidance 25 Fiscal Year 2011 ------- Strategies to Protect and Restore Fresh Waters, Coastal Waters, and Wetlands Restore and Improve Water Quality on a Watershed Basis Box 1 Clean Water Act Impaired Waters Program Pipeline watershed plans, and identify mechanisms for tracking progress in restoring them. Potential Future Measures for Improving Water Quality on a Watershed Basis Incremental Progress in Restoring Water Quality EPA has a suite of existing measures that track progress in water quality restoration: Previously impaired waters now fully attaining water quality standards (SP-10). Previously impaired waters for which a cause of impair- ment has been removed (SP-11). Impaired watersheds with water quality improvement (SP-12). Net water quality restoration or maintenance by water- body type (e.g., rivers, lakes) (SP-13 for wadeable streams). Impaired waters where initial restoration planning (e.g., TMDLs) is complete (WQ-21). Existing measures, however, do not fully capture all types of restoration progress. Most waters take years to recover fully, and although incremental improvements represent progress these are currently not well represented. EPA has heard a strong message from states that new measures are needed to give credit for water quality improvement short of full WQS attainment. The major gap is tracking progress after TMDLs or other planning is complete, but before stan- dards are fully met (see Box 1, right). At an August 2009 meeting, representatives from the Association of State and Interstate Water Pollution Con- trol Administrators (ASIWPCA) and EPA agreed to develop indicator measures to fill this gap. The states of AL, CO, CT, KS, MA, ME, MN, MT, and VA have worked with EPA since then to develop several draft measures tracking watershed planning, implementation of clean-up plans, and incremen- tal improvements in water quality (see Box 2, right). EPA invited comments from states and other stakeholders on these draft measures. EPA and the work group will review the comments and continue to explore these measures. Potential Changes to Baselines for Strategic Measures Three of the current strategic measures - measures SP-10, SP-11, and SP-12 - use a fixed baseline year of 2002. That is, they look only at waters which states listed as impaired in the section 303(d) reports required for 2002. Use of a fixed baseline enables clear accountability for a known "universe" of problem waters. Some states have suggested, however, that using 2002 as the base year ignores progress achieved for more recently-listed waters. EPA invited comment on whether EPA should establish new strategic measures that use a fixed baseline of waters listed in a more recent year, such as 2008. EPA and the work group will review the comments and continue to explore revising Impaired waters ^ [303(d)] [TDMLs] [Permits/BMPs] [Monitoring/Itacking] I Listing | Planning | Implementing | Improving | Recovery J j) waters The Clean Water Act's impaired waters program pipeline is a simplified graphical representation of how impaired waters are restored. The pipeline's programmatic stages include: listing, planning, implementing, improving, and recovery. The purpose of the State-EPA Work Group on Incremental Measures is to develop indicator measures that better capture incremental progress towards full water quality standards attainment made by states and EPA in the Planning, Implementing and Improving stages, above. Box 2 Potential Future Measures for FY 2012 Planning 1. The number of 9-element watershed management plans to protect or restore surface water quality in each State Implementing 2. Miles of impaired rivers and streams or lake acres addressed by watershed plans where nonpoint source load reductions are being achieved by implementation of Best Management Practices (BMPs) Improving 3. Report of waters with improvements in water quality assessment results (Group 1: 2002 inventory of impaired waters. Group 2: other assessed waters) 4. Report of waters with maintenance/protection of desig- nated uses as measured by water quality or aquatic life indicators Source: State-EPA Work Group on Incremental Measures these measures. Potential Change to Measurement Units Measure SP-10 currently uses "number of waterbodies" as the unit of measure. This means that waterbodies receive equal credit regardless of size. Recent advances in EPA's ATTAINS tracking system could potentially allow track- ing progress in units of river or stream miles and lake or estuary acres in the future. EPA recognizes this feature has not yet been fully tested and once this capability were to be incorporated into ATTAINS, it could still take a few years to reach a point where reporting of miles and acres would be fully realized. While EPA believes "miles and acres" maybe more meaningful, the timeliness of reporting may suffer. Determining and verifying the geographic extent of each reported waterbody could add a number of months to the National Water Program Guidance 26 Fiscal Year 2011 ------- Strategies to Protect and Restore Fresh Waters, Coastal Waters, and Wetlands Protect Coastal and Ocean Waters data processing cycle for each reporting year. Additionally, there would be a time and resource commitment necessary for states and EPA to reach the point where these data could be reported in units of miles and acres, and thus, it could be several years before such a change would be realistic. EPA invited comments on the potential change of measure- ment units. EPA and the work group will review the com- ments and continue to explore revising these measures. C) Grant Program Resources Key program grants that support this Subobjective are: The Clean Water Act Section 106 Water Pollution Control State Program grants; The Clean Water Act Section 319 State program grant for nonpoint pollution control, including set-aside for Tribal programs; Targeted Watershed Assistance grants; Alaska Native Village Water and Wastewater Infrastruc- ture grants; CWSRF capitalization grants, including set-asides for planning under Section 604(b) of the Clean Water Act and for grants to tribes for wastewater treatment infrastructure. For additional information on these grants, see the grant program guidance on the website (http://www.epa.gov/ water/waterplan). 2) Protect Coastal and Ocean Waters A) Subobjective: Prevent water pollution and protect coastal and ocean systems to improve national coastal aquatic ecosystem health on the "good/fair/poor" scale of the National Coastal Condi- tion Report. (Rating is a system in which 1 is poor and 5 is good.) 2009 Baseline: 2.8 2010 Commitment: 2.8 2011 Target: 2.8 2014 Target: 2.8 (NOTE: Additional measures of progress are included in Appendix A.) B) Key National Strategies Estuaries and coastal waters are among the most produc- tive ecosystems on earth, providing multiple ecological, economic, cultural, and aesthetic benefits and services. They are also among the most threatened ecosystems, largely as a result of rapidly increasing population growth and develop- ment. About half of the U.S. population now lives in coastal areas, and coastal counties are growing three times faster than counties elsewhere in the nation. The overuse of natu- ral resources and poor land use practices in upland as well as coastal areas have resulted in a host of human health and natural resource problems. For FY 2011, EPA's national strategy for improving the condition of coastal and ocean waters will include the key elements identified below: Maintain coastal monitoring and assessment; Support state coastal protection programs; Implement the National Estuary Program (NEP); and Protect ocean resources. Effective implementation of the national water quality pro- gram, as well as of the ocean and coastal programs described in this section, will increase the likelihood of achieving the national and regional objectives described below. One important objective of the national strategy is to main- tain a national coastal condition score of at least 2.8 the national baseline score in the 2009 in the National Coastal Condition Report (NCCR) III (see measure 2.2.2). Another objective is to assess conditions in each major coastal region Northeast, Southeast, West Coast, Puerto Rico, Gulf of Mexico, Hawaii, and South Central Alaska (see measures SP-16,17,18, and 19, CO-7, CO-8, and 4.3.5 in Appendix A) and to work with states, tribes, and other partners over the next five years to at least maintain each region's coastal condition rating. EPA works with diverse partners to implement region- specific protection and restoration programs. For example, EPA manages the National Estuary Program (NEP), the agency's flagship place-based water quality protection and restoration effort. In addition, EPA works to protect and restore coastal water quality with the states, tribes, and other partners in the Gulf of Mexico, Chesapeake Bay, New England, and along the West Coast. Some of these efforts are described in more detail in Part III of this Guidance. 1. Coastal Monitoring and Assessment EPA has made improved monitoring of water quality con- ditions a top priority for coastal as well as inland waters. In FY 2010, states will complete field sampling under EPA's National Coastal Condition Assessment program. Results of the sampling will serve as the basis for the National Coastal Condition Report V (NCCR V). In FY 2011, states will analyze sampling data and the National Water Program will work with states, tribes, and EPA's Office of Research and Development to draft the NCCR V, which is planned for release in 2012. Building on coastal condition assessment reports issued in 2001, 2004, 2008 and on the NCCR IVnow scheduled for release in 2011, the NCCR V will describe the health of major marine eco-regions along the coasts of the U.S. and will depict assessment trends for the nation and for individual marine eco-regions. The coastal condition assessments are the basis for the mea- sures of progress in estuarine and coastal water quality used in the current EPA Strategic Plan. In FY 2011, EPA will develop a new measure of water quality condition in estuarine and coastal areas. This measure will appear in a future National Water Program Guidance. National Water Program Guidance 27 Fiscal Year 201' ------- Strategies to Restore and Improve Fresh Waters, Coastal Waters, and Wetlands Protect Coastal and Ocean Waters 2. State Coastal Programs States play a critical role in protection of coastal waters through the implementation of core Clean Water Act programs, ranging from permit programs to financing of wastewater treatment plants. States also lead the implementation of efforts to assure the high quality of the nation's swimming beaches; including implementa- tion of the BEACH Act (see the Water Safe for Swimming Subobjective). In addition, states work with both EPA and the National Oceanic and Atmospheric Administration (NOAA) to implement programs that help reduce nonpoint pol- lution in coastal areas. In FY 2010, EPA will continue work with states to assist in the full approval of coastal nonpoint control programs in all coastal states. In FY 2011, EPA will coordinate with states interested in establishing "no discharge zones" to control vessel sewage. EPA will track total coastal and noncoastal statu- tory square miles protected by "no discharge zones" (see Program Activity Measure CO-2). 3. Implement the National Estuary Program The NEP is a local stakeholder-driven, collaborative, voluntary estuarine protection and restoration program. There are currently 28 estuaries of national significance along the east, west, and Gulf of Mexico coasts. During FY 2011, EPA will continue supporting the NEPs' implemen- tation of their individual Comprehensive Conservation and Management Plans (CCMPs). One measure of NEP progress that EPA tracks is the annual number of CCMP priority actions that the NEPs have completed (see Pro- gram Activity Measure CO-3). EPA also tracks the annual and cumulative amount of cash and in-kind resources that NEP directors and/or staff played a key role in obtaining. The measure depicts the level of resources leveraged by the CWA Section 320 base grants annually provided to the NEPs (see Program Activity Measure CO-4). Since the overall health of the nation's estuarine ecosys- tems depends on the protection and restoration of high- quality habitat, EPA also tracks the number of habitat acres that the NEPs annually protect and restore in their estuarine watersheds, or study areas. The numbers appear as environmental outcome measures under the Ocean/Coastal Subobjective. EPA has set a FY 2011 goal of protecting or restoring an additional 100,000 acres of habitat within the NEP study areas. 4. Ocean Protection Programs Several hundred million cubic yards of sediment are dredged from waterways, ports, and harbors every year to maintain the nation's navigation system. All of this sediment must be disposed without causing adverse effects to the marine environment. EPA and the U.S. Army Corps of Engineers (USACE) share responsibility for regulating how and where the disposal of dredged sediment occurs. EPA and USACE will focus on improving how disposal of dredged material is managed, including designat- ing and monitoring disposal sites and involving local stakeholders in planning to reduce the need for dredging (see Program Activity Measure CO-5). EPA will use the capability provided by the OSVBold to monitor compli- ance with environmental requirements at ocean disposal sites (see Program Activity Measure CO-6). In addition, the Strategic Plan includes a measure of the percent of active dredged material disposal sites that have achieved environmentally acceptable conditions (see SP-20). One of the greatest threats to U.S. ocean waters and eco- systems is the uncontrolled spread of invasive species. Invasive species commonly enter U.S. waters through the discharge of ballast water from ships. In FY 2011, EPA will continue to participate on the Aquatic Nuisance Species Task Force, work with other agencies on ballast water discharge standards or controls (both through EPA's Vessel General Permit and coordination with U.S. Coast Guard regulatory efforts under the Nonindig- enous Aquatic Nuisance Prevention and Control Act as amended), and participate in activities with other nations for effective international management of bal- last water. Estuaries in the National Estuary Program Albemarle-Pamlico Sounds, NC Galveston Bay, TX New York/New Jersey Harbor, NY/NJ Barataria-Terrebonne, LA Indian River Lagoon, FL Peconic Bay, NY Barnegat Bay, NJ Long Island Sound, NY/CT Puget Sound, WA Buzzards Bay, MA Maryland Coastal Bays, MD San Francisco Bay, CA Casco Bay, ME Massachusetts Bay, MA San Juan Bay, PR Charlotte Harbor, FL Mobile Bay, AL Santa Monica Bay, CA Coastal Bend Bays & Estuaries, TX Morro Bay, CA Sarasota Bay, FL Lower Columbia River, OR/WA Narragansett Bay, RI Tampa Bay, FL Delaware Estuary, DE/NJ New Hampshire Estuaries, NH Tillamook Bay, OR Delaware Inland Bays, DE National Water Program Guidance 28 Fiscal Year 2011 ------- Strategies to Protect and Restore Fresh Waters, Coastal Waters, and Wetlands Protect Wetlands In July of 2008, Congress passed the Clean Boating Act of 2008 (P.L. 110-228) amending the Clean Water Act (CWA) to provide that no National Pollutant Discharge Elimination System (NPDES) permits shall be required under the CWA for discharges incidental to the normal operation of recreational vessels. Instead, the Act directs EPA to establish management practices and associated standards of performance for such discharges (except for vessel sewage, which is already regulated by the CWA). EPA is currently developing those regulations. C) Grant Program Resources Grant resources directly supporting this work include the National Estuary Program grants and coastal nonpoint pollution control grants under the Coastal Nonpoint Pol- lution Control Program administered jointly by EPA and the NOAA (Section 6217 grant program). In addition, clean water program grants identified under the watershed sub- objective support this work. For additional information on these grants, see the grant program guidance on the website (http://www.epa.gov/water/waterplan). D) A Strategy for Addressing Climate Change Support Evaluation of Sub-seabed and Ocean Sequestration of C02 EPA will work with other interested agencies and the inter- national community to develop guidance on sub-seabed carbon sequestration and will address any requests for car- bon sequestration in the sub-seabed or "fertilization" of the ocean, including any permitting under the Marine Protec- tion, Research, and Sanctuaries Act (MPRSA) or the Under- ground Injection Control program that may be required. "Climate Ready Estuaries" EPA will continue to build capacity within the National Estuary Program (NEP) to adapt to the changes from climate change on the coast. EPA will provide additional assistance to individual NEPs to support their work to develop adaptation plans for their study areas or techni- cal assistance to support implementation of those plans. Climate Ready Estuaries will continue to revise and improve the internet based tool kit as a resource for other coastal communities working to adapt to climate change. 3) Protect Wetlands A) Subobjective: Working with partners, achieve a net increase of acres of wetlands per year with additional focus on biological and functional measures and assessment of wetland condition. (Note: Additional measures of progress are identified in Appendix A.) B) Key National Strategies Wetlands are among the nation's most critical and produc- tive natural resources. They provide a variety of benefits, such as water quality improvements, flood protection, shoreline erosion control, and ground water exchange. Wetlands are the primary habitat for fish, waterfowl, and wildlife, and as such, provide numerous opportunities for education, recreation, and research. EPA recognizes that the challenges the nation faces to conserve our wetland heritage are daunting and that many partners must work together in order for this effort to succeed. Over the years, the United States has lost more than 115 mil- lion acres of wetlands to development, agriculture, and other uses. Today, the U.S. maybe entering a period of annual net gain of wetlands acres for some wetland classes. Still, many wetlands in the U.S. are in less than pristine condition and many created wetlands, while beneficial, fail to replace the diverse plant and animal communities of wetlands lost. The 2006 National Wetlands Inventory Status and Trends Report, released by the U.S. Fish and Wildlife Service (FWS), reports the quantity and type of wetlands in the conter- minous United States. Although the report shows that overall gains in wetland acres exceeded overall losses from 1998 through 2004, this gain is primarily attributable to an increase in un-vegetated freshwater ponds, some of which (such as aquaculture ponds) may not provide wetlands services and others of which may have varying ecosystem value. The report notes the following trends in other wetland categories: freshwater vegetated wetlands declined by 0.5%, a smaller rate of loss than in preceding years; and estuarine vegetated wetlands declined by 0.7%, an increased rate of loss from the preceding years. The report does not assess the quality or condition of wetlands. The FWS expects to issue an updated report in FY 2011. In addition the Status and Trends report, EPA is working with FWS and other federal agencies to complete a National Wetland Condition Assessment by 2013 to effectively complement the FWS Status and Trends Reports and provide, for the first time, a snapshot of baseline wetland condition for the conterminous U.S. In a 2009 follow-up report, the National Oceanic and Atmo- spheric Administration's National Marine Fisheries Ser- vice, in cooperation with the U.S. Fish and Wildlife Service, analyzed the status and recent trends of wetland acreage in the coastal watersheds of the United States adjacent to the Atlantic Ocean, Gulf of Mexico, and Great Lakes between 1998 and 2004. Results indicate that Gulf of Mexico and Atlantic coast watersheds experienced a net loss in wetland area at an average annual rate of about 60,000 acres over the 6-year study period. The fact that coastal watersheds were losing wetlands despite the national trend of net gains during the same study period points to the need for more research on the natural and human forces behind these trends and to an expanded effort on conservation of wetlands in these coastal areas. This point was highlighted in a 2008 report on wetland conservation by the Council on Environmental Qual- ity. To that end, EPA, FWS, NOAA's National Marine Fisher- ies Service and Coastal Resources Center, the Army Corps of Engineers, USDA's Natural Resource Conservation Service, and the Federal Highway Administration have begun working National Water Program Guidance 29 Fiscal Year 2011 ------- Strategies to Restore and Improve Fresh Waters, Coastal Waters, and Wetlands Protect Wetlands in partnership to determine the specific causes of this coastal wetland loss and to more specifically understand the tools, policies, and practices to successfully address it. In FY 2011, EPA will continue a multi-agency effort to comprehensively review and evaluate policy and practice for permitting mountaintop mining operations with the goal of reducing the harmful environmental effects of Appalachian surface coal mining. The multi-faceted initiative involves enhanced environmental review and coordination with the Army Corps of Engineers on Clean Water Act Section 404 permits, more rigorous review of CWA Section 402 permits, coordination with the Office of Surface Mining (OSM) on Surface Mining Control and Reclamation (SMCRA) permits, and several significant technical documents and Clean Water Act policy actions to guide future practice in Appalachian surface coal mining. Policy actions include: develop techni- cal guidance to clarify how the 404(b)(1) guidelines will be applied to proposed mining operations to ensure adverse impacts are minimized, support improved and strengthened state oversight of proposed permits using state 401 water quality certification authority, consider other regulatory and/ or policy modifications to better protect the environment and public health from the impacts of Appalachian surface coal mining, and improve compensatory mitigation for stream and wetland impacts from permitted mining activities. EPA's Wetlands Program combines technical and financial assistance to state, tribal, and local partners with outreach and education, in addition to wetlands regulation under Section 404 of the Clean Water Act for the purpose of restoring, improving and protecting wetlands in the U.S. Objectives of EPA's strategy include helping states and tribes build wetlands protection program capacity and integrating wetlands and watershed protection. Through a collaborative effort with our many partners culminating in a May 2008 report, EPA's Wetlands Program articulated a set of national strategies in the areas of monitoring, state and tribal capacity, regulatory programs, jurisdictional determi- nations, and restoration partnerships. These strategies are in part reflected in the following measures: 1. No Net Loss: EPA contributes to achieving no overall net loss of wetlands through the wetlands regulatory program established under Section 404 of the Clean Water Act (CWA). The U.S. Army Corps of Engineers (USACE) and EPA jointly administer the Section 404 program, which regulates the discharge of dredged or fill material into waters of the United States, including wetlands. EPA will continue to work with USACE to ensure applica- tion of the Section 404(b)(1) guidelines which require that discharges of dredged or fill material into waters of the U.S. be avoided and minimized to the extent practicable and unavoidable impacts are compensated for. In FY 2011, EPA will track the effectiveness of EPA's environmental review of CWA Section 404 permits (see Program Activity Measure WT-3). Each EPA region will also identify opportunities to partner with the Corps in meeting performance measures for compliance with 404(b)(1) guidelines. At a minimum, these include: Environmental review of CWA Section 404 permits to ensure wetland impacts are avoided and minimized; Ensure when wetland impacts cannot be avoided under CWA Section 404 permits, that the unavoid- able impacts are compensated for; Participation in joint impact and mitigation site inspections, and Interagency Review Team activities; Assistance on development of mitigation site perfor- mance standards and monitoring protocols; and Enhanced coordination on resolution of enforcement cases. 2. Net Gain Goal: Meeting the "net gain" element of the wetland goal is primarily accomplished by other federal programs (Farm Bill agriculture incentive programs and wetlands acquisition and restoration programs, includ- ing those administered by U.S. Fish and Wildlife Service) and non-federal programs. EPA will work to improve levels of wetland protection by states and other federal programs through actions that include: Working with and integrating wetlands protection into other EPA programs such as Clean Water Act Section 319, State Revolving Fund, National Estuary Program, and Brownfields; Providing grants and technical assistance to state, tribal, or local organizations; Developing information, education and outreach tools; and Collaboration with USDA, DOI, NOAA, and other federal agencies with wetlands restoration programs to ensure the greatest environmental outcomes. For FY 2011, EPA expects to track the following key activities for accomplishing its wetland goals: Wetlands Restored and Enhanced Through Part- nerships: EPA will track this commitment as a sub-set of the overall net gain goal and will track and report the results separately under Program Activity Measure WT-1. These acres may include those supported by Wet- land Five-Star Restoration Grants, the National Estuary Program, Section 319 nonpoint source grants, Brown- field grants, EPA's Great Waterbody Programs, and other EPA programs. This does not include enforcement or mitigation acres. EPA greatly exceeded its target for this Program Activity Measure in 2005 and 2006, mainly due to unexpected accomplishments from National Estuary Program enhancement projects. However, because EPA cannot assume such significant results each year, the target will be at 110,000 cumulative acres for FY 2011. National Water Program Guidance 30 Fiscal Year 2011 ------- Strategies to Protect and Restore Fresh Waters, Coastal Waters, and Wetlands Protect Wetlands State/Tribal Programs: A key objective of EPA's wetlands program is building the capacity of states and tribes in the following core elements of a wetlands program: wetland monitoring; regulation including 401 certification; voluntary restoration and protection; and water quality standards for wetlands. EPA is enhanc- ing its support for state and tribal wetland programs by providing more directed technical assistance and making refinements to the Wetland Program Development Grants. Program Activity Measure WT-2 reflects EPA's goal of increasing state and tribal capacity in these core wetland management areas. In reporting progress under measure WT-2, EPA will assess the number of states and tribes that have substantially increased their capac- ity in one or more core elements, as well as track those core elements that states and tribes have developed to a point where they are fully functional. This is an indicator measure. Regulatory Program Performance: EPA and the Corps of Engineers have partnered to develop and refine a Clean Water Act Section 404 permit database (ORM 2.0) that enables more insightful data collection on the performance of the Section 404 regulatory program. Using ORM 2.0 as a data source, Program Activity Measure WT-3 documents the annual percentage of 404 standard permits where EPA coordinated with the permitting authority and that coordination resulted in an environmental improvement in the final permit deci- sion. This measure will remain an indicator until enough data is collected to define a meaningful target. Wetland Monitoring: In March 2003, EPA released guidance to states outlining the Elements of a State Water Monitoring and Assessment Program. The guid- ance recommended including wetlands as part of that program. This was followed in April of 2006 by release of an "Elements" document specific to wetlands to help EPA and state program managers plan and implement a wetland monitoring and assessment program within their water monitoring and assessment programs. EPA chairs the National Wetlands Monitoring and Assessment Work Group to provide national leadership in implementing state and tribal wetlands monitoring strategies. The Work Group will also play a prominent role in informing design of the National Wetland Condition Assessment, scheduled for fieldwork in 2011. The 2011 condition assessment will provide a baseline data layer that, in subsequent years, could be used to judge the impacts of climate change on wetland ecological integrity at multiple spatial scales. EPA will continue to work with states and tribes to build the capability to monitor trends in wetland condition as defined through biological metrics and assessments. By the end of FY 2011, EPA projects at least 21 states will be measuring and reporting baseline wetland condition in the state using condition indicators and assessments (see Program Activity Measure WT-4). States should also have plans to eventually document trends in wetland condition over time. Examples of activities indicating the state is "on track" include, but are not limited to: building technical and financial capacity to conduct an "intensification study" as part of the 2011 National Wetland Condition Assessment; developing or adapting wetland assessment tools for use in the state; monitoring activity is underway for wetland type(s)/ watershed(s) stated in strategy or goals; and developing a monitoring strategy with a goal of evaluat- ing baseline wetland condition. Baseline condition may be established using landscape assessment (Tier 1), rapid assessment (Tier 2), or inten- sive site assessment (Tier 3). C) Grant Program Resources Examples of grant resources supporting this work include the Wetland Program Development Grants, Five Star Res- toration Grants, the Clean Water Act Section 319 Grants, the Brownfields grants, and the National Estuary Program Grants. For additional information on these grants, see the grant program guidance on the website (http://www.epa. gov/water/waterplan). In addition, some states and tribes have utilized Clean Water Act Section 106 funds for pro- gram implementation, including wetlands monitoring and protection projects. National Water Program Guidance 31 Fiscal Year 2011 ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems Protect U.S.-Mexico Border Water Quality IV.Strategies to Improve the Health of Communities and Large Aguatic Ecosystems The core programs of the Clean Water Act and Safe Drinking Water Act are essential for the protection of the nation's drinking water and fresh waters, coastal waters, and wetlands. At the same time, additional, intergovernmental efforts are sometimes needed to protect and restore communities and large aquatic ecosystems around the county. For many years, EPA has worked with state and local governments, tribes, and others to implement supplemental programs to restore and protect the Great Lakes, the Chesapeake Bay, the Gulf of Mexico, and the waters along the U.S.-Mexico Border. More recently EPA has developed new, cooperative initiatives addressing Long Island Sound, South Florida, Puget Sound, the Columbia River, San Francisco Bay Delta Estuary, and the waters of the Pacific Islands. 1) Protect U.S.-Mexico Border Water Quality A) Subobjective: Sustain and restore the environmental health along the U.S.-Mexico Border through the implementation of the Border 2012 Plan. (Note: Additional measures of progress are identified in Appendix A.) B) Key Strategies The United States and Mexico have a long-standing com- mitment to protect the environment and public health for communities in the U.S.-Mexico Border region. The basic approach to improving the environment and public health in the U.S.-Mexico Border region is the Border 2012 Plan. Under this Plan, EPA expects to take the following key Actions to improve water quality and protect public health. 1. Core Program Implementation: EPA will continue to implement core programs under the Clean Water Act and related authorities, ranging from discharge permit issuance, to watershed restoration, to nonpoint pollu- tion control. 2. Drinking Water and Wastewater Treatment Financing: Federal, state, and local institutions par- ticipate in border area efforts to improve water quality through the construction of infrastructure and develop- ment of pretreatment programs. Specifically, Mexico's National Water Commission (CONAGUA) and EPA provide funding and technical assistance for project planning and construction of infrastructure. Congress has provided $990 million for border infra- structure from 1994 to 2010. In FY 2010, EPA plans to provide approximately $14.5 million for planning, design, and construction of drinking water and waste- water facilities. EPA will continue working with all of its partners to leverage available resources to meet priority needs. The FY 2011 targets will be achieved through the completion of prioritized Border Environment Infra- structure Fund (BEIF) drinking water and wastewater infrastructure projects. Future progress in meeting this subobjective will be achieved through other border drinking water and wastewater infrastructure projects as well as through the collaborative efforts established through the Border 2012 Water Task Forces. 3. Build Partnerships: Partnerships are critical to the success of efforts to improve the environment and public health in the U.S.-Mexico Border region. Since 1995, the NAFTA-created institutions, the Border Environment Cooperation Commission (BECC) and the North Ameri- can Development Bank (NADB), have had the primary role in working with communities to develop and construct environmental infrastructure projects. BECC and NADB support efforts to evaluate, plan, and imple- ment financially and operationally sustainable drinking water and wastewater projects. EPA will continue to support these institutions and work collaboratively with CONAGUA. 4. Improve Measures of Progress: During FY 2011, EPA will work with Mexico, states, tribes, and other institu- tions to improve measures of progress toward water quality and public health goals. C) Grant Program Resources A range of program grants are used by states to implement core programs in the U.S.-Mexico Border region for waters in the U.S. only. Allocations of the funding available for infrastructure projects, funded through the Border Environ- ment Infrastructure Fund (BEIF), are not provided through guidance, but through a collaborative and public prioritiza- tion process. National Water Program Guidance 32 Fiscal Year 2011 ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems Protect Pacific Islands Waters 2) Protect Pacific Islands Waters A) Subobjective: Sustain and restore the environmental health of the U.S. Pacific Island Territories of American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. (Note: Additional measures of progress are identified in Appendix A.) B) Key Program Strategies The U.S. Pacific island territories of Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands struggle to provide adequate drinking water and sanitation service. For example, the island of Saipan in the Northern Marianas, with a population of about 70,000, maybe the only municipality of its size in the United States without 24-hour drinking water. When residents of Saipan do get water (many receive only a few hours per day of water service), it is too salty to drink. In the Pacific Island territories, poor wastewa- ter conveyance and treatment systems threaten to contami- nate drinking water wells and surface waters. Island beaches, with important recreational, economic, and cultural signifi- cance, are frequently polluted and placed under advisories. One of the root causes of drinking water and sanitation problems in the U.S. Pacific Island territories is inadequate and crumbling infrastructure. Recent studies estimate that it would take over one billion dollars in capital investments to bring the Pacific territories drinking water and wastewa- ter systems up to U.S. standards. EPA is targeting the use of existing grants, enforcement, and technical assistance to improve the drinking water and wastewater situation in the Pacific Islands. In pursuing these actions, EPA will continue to use the available resources and to work with partners at both the federal and local levels to seek improvements. These efforts will very likely only keep the infrastructure and situation from worsening, and will not move the sys- tems up toward U.S. standards. Use of Existing Grants: EPA is working in partnership with the U.S. Department of the Interior to optimize federal grants to improve priority water and wastewater systems. EPA grants (historically, about $1.2M per terri- tory annually for water and wastewater combined), plus other federal grants have led to some improvements in the recent past. However, existing grants fall far short of the overall capital needs in the Pacific Islands. Enforcement: EPA will continue to oversee implemen- tation of judicial and administrative orders to improve drinking water and wastewater systems. For example, as a result of implementation of a 2003 Stipulated Order under the federal district court in Guam, wastewater spills in Guam in the period of 2005-2008 were down by 99% compared to 1999-2002; and no island-wide boil water notices have been issued in over four years (through mid- 2009) compared to nearly every month in 2002. (However, in 2009, several wastewater overflows and boil water notices occurred.) In 2009, EPA has entered into a compa- rable Stipulated Order in the CNMI. EPA will continue to assess judicial and administrative enforcement as a tool to improve water and wastewater service. Technical Assistance: EPA will continue to use technical assistance to improve the operation of drinking water and wastewater systems in the Pacific Islands. In addition to periodic on-site training, EPA will continue to use the IPA (Intergovernmental Personnel Act) to build capacity in the Islands to protect public health and the environment. For example, in recent years, EPA has placed U.S. Public Health Service drinking water and wastewater engineers in key positions within Pacific island water utilities and within local regulatory agencies. Guam Military Expansion: EPA will continue to work with the Department of Defense in its Guam Military Expansion project to improve the environmental infra- structure on Guam. The U.S and Japan have agreed to relocate the Marine Base from Okinawa, Japan to Guam. By 2014, the relocation could result in approximately 22,000 additional troops and dependents and upwards of 80,000 additional people total on Guam (a 40% increase in population) while spending $10 - $15 billion on construc- tion. This military expansion is an opportunity to improve the environmental infrastructure on Guam, but significant investment will be required to meet the increased strain on the island's fragile water and wastewater infrastructure. C) Grant Program Resources A range of grants funds and set-asides from the national State Revolving Fund (SRF) appropriations are available to implement projects to improve drinking water and wastewa- ter infrastructure in the Pacific islands. EPA has historically provided about $4 million total to the Pacific territories in drinking water and wastewater grants annually through the SRF programs. SRF funding under ARRA provided approxi- mately an additional $4M per territory in infrastructure funding in FY 2009. The FY 2010 appropriations language increased the SRF set-aside for territories to 1.5%, which, along with the sig- nificant overall increase in SRF funding, resulted in a nearly 10-fold increase in infrastructure funding for the Pacific ter- ritories, to approximately $37M total in FY 2010. However, the 1.5% set-aside for territories is not permanent, and funding levels for subsequent years are uncertain. To bring drinking water and wastewater service and infrastructure in the U.S. Pacific territories up to U.S. standards, significant and sustained investment will be required. D) A Strategic Response to Climate Change EPA's Pacific Islands Office has been working to address climate change and water issues by focusing on three main areas in the Pacific Islands: water quality protection and improvement; outreach, education and collaboration on National Water Program Guidance 33 Fiscal Year 2011 ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems Protect the Great Lakes climate change issues; and sustainable military buildup on Guam. Projects include: Promoting water conservation and efficiency at public utilities through innovative State Revolving Fund (SRF) projects; Following up on the June 2009 Pacific Islands Environ- ment Conference, entitled "Climate of Change: Energizing a Sustainable Future for Pacific Islands." The conference, which took place on Saipan, CNMI, focused on issues including renewable energy and energy efficiency, coral reef protection, adaptation strategies for Pacific Islands, and improved efficiency for water and wastewater ser- vices; and Working with the Department of Defense (DOD) and other federal resource agencies to ensure that sustainable practices are included in the upcoming military buildup on Guam. This includes improving drinking water and wastewater compliance with environmental standards, utilizing low impact development and green infrastruc- ture for new construction, and minimizing marine habitat disturbance. For additional information on EPA's work in the Pacific Islands, please visit: http://www.epa.gov/region09/islands/ 3) Protect the Great Lakes A) Subobjective: Improve the overall ecosystem health of the Great Lakes by preventing water pol- lution and protecting aquatic ecosystem (using the Great Lakes 40-point scale). 2005 Baseline: 21.5 points 2008 Result: 23.7 2009 Result: 23.9 2010 Commitment: 23 2011 Target: 23.4 2014 Target: 23.7e (Note: Additional measures of progress are identified in Appendix A.) B) Key Strategies As the largest surface freshwater system on the face of the earth, the Great Lakes ecosystem holds the key to the qual- ity of life and economic prosperity for tens of millions of people. While significant progress has been made to restore the environmental health of the Great Lakes, much work remains to be done. U.S. President Barack Obama and EPA Administrator Lisa Jackson, in collaboration with 15 other federal agencies, have made restoring the Great Lakes a national priority. Congress appropriated $475 million for the Great Lakes Restoration Initiative (Initiative) for FY 2010. The President has proposed $300 million for the Initiative for FY2011. A Great Lakes Restoration Initiative Action Plan describes how the Initiative will be executed from 2010 through 2014. The Great Lakes Restoration Initiative Action Plan builds on countless hours by elected, agency, business, public inter- est, and other leaders, which resulted in the Great Lakes Regional Collaboration Strategy (GLRC Strategy). The GLRC Strategy provided a framework for the Action Plan. As such, the Action Plan is just that: an action driver. It articulates the most significant ecosystem problems and efforts to address them in five major focus areas: Toxic Substances and Areas of Concern Invasive Species Nearshore Health and Nonpoint Source Pollution Habitat and Wildlife Protection and Restoration Accountability, Education, Monitoring, Evaluation, Com- munication and Partnerships The Action Plan identifies goals, objectives, measurable ecological targets, and specific actions for each of the five focus areas identified above. The Action Plan will be used by federal agencies in the development of the federal budget for Great Lakes restoration in fiscal years 2011 and beyond. As such, it will serve as guidance for collaborative restora- tion work with participants to advance restoration. The Action Plan will also help advance the Great Lakes Water Quality Agreement with Canada. Traditional infrastructure financing under Clean and Drinking Water State Revolving Funds, and Superfund cleanup enforcement are important examples of work which, though outside the Initiative's scope, will also continue to be essential to Great Lakes protection and restoration. EPA is working with states and tribes to ensure that these high priority activities are prop- erly targeted whenever possible to help further clean up the Great Lakes. Under the Initiative, EPA will administer funding individu- ally and with other federal agencies to implement priority federal projects as well as other programs undertaken by nonfederal entities that support the Action Plan. Funding will be provided through grants and cooperative agreements or through interagency agreements that allow the transfer of funds to other federal agencies for subsequent use and distribution. Most grants will be issued competitively. The principles of accountability, action, and urgency underlie the Action Plan. Progress under the Great Lakes Strategy is dependent on continued work to implement core Clean Water Act pro- grams and appropriately targeted supplementation of those programs. These programs provide a foundation of water pollution control that is critical to the success of efforts to restore and protect the Great Lakes. While the Great Lakes face a range of unique pollution problems (extensive sedi- ment contamination and atmospheric deposition) they also face problems common to most other waterbodies around e The long-term target was changed to 23.5 in the 2007 OMB Program Assessment. New target of 24.7 in Great Lakes Restoration Initiative Action Plan. National Water Program Guidance 34 Fiscal Year 2011 ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems Protect the Great Lakes the country. Effective implementation of core programs, such as discharge permits, nonpoint pollution controls, wastewater treatment, wetlands protection, and appropri- ate designation of uses and criteria, must be fully and effec- tively implemented throughout the Great Lakes Basin. Within the five focus areas of the Great Lakes Restoration Initiative, efforts and funds will be targeted to the highest priority projects in a way that maximizes results. Targeted, cooperative efforts are necessary to ensure meaningful progress on many of the complex and costly issues that have plagued the Great Lakes for decades. Some issues exist basinwide (e.g., invasive species, nonpoint source pollu- tion,) and require broad, expansive action, while others are more localized (e.g., Areas of Concern, habitat) and will have site-specific remedies. In each focus area there are efforts which will be given special attention. In the focus area of Toxic Substances and Areas of Con- cern, efforts will be targeted to remediate contaminated sediments and to address other major pollution sources in order to restore and delist the most polluted sites in the Great Lakes basin. In the focus area of Invasive Species, efforts will be targeted to institute a "zero tolerance policy" as a long term goal toward new invasions, including focuses on the development of an early detection and rapid response capability, and the development of ballast water technology. In the focus area of Nearshore Health and Nonpoint Source Pollution, efforts will be targeted geographically to focus on watersheds of extreme ecological sensitiv- ity (such as the Green Bay/Fox River, Genesee River, Maumee River, St. Louis River, and Saginaw River, places where environmental problems and their solutions have been clearly identified). Efforts will target implementation of lakewide biodiver- sity conservation blueprints and restoration of important species such as the Lake Sturgeon and the Piping Plover. In the focus area of Accountability, Education, Moni- toring, Evaluation, Communication and Partnerships, efforts will include the implementation priority Lakewide Management Plan projects for restoring the lakes, as well as establishment of quality goal and results-based accountability measures, learning initiatives, outreach and strategic partnerships. Progress will be tracked against measures of progress in each Focus Area, including: Toxic Substances and Areas of Concern Implementation of management actions necessary for delisting Great Lakes Areas of Concern. Removal of Beneficial Use Impairments. Remediation of contaminated sediments. Cumulative decline of PCBs in Great Lakes fish. Invasive Species Number of nonnative species newly detected in the Great Lakes ecosystem. Acres managed for populations of invasive species con- trolled to a target level. Number multi-agency rapid response plans established, mock exercises to practice responses carried out under those plans, and/or actual response actions. Nearshore Health and Nonpoint Source Pollution Loadings of soluble reactive phosphorus from tributaries draining targeted watersheds. Percentage of beaches meeting bacteria standards 95% or more of beach days. Acres in the Great Lakes watershed with USDA conserva- tion practices implemented to reduce erosion, nutrients, and/or pesticide loading. Habitat and Wildlife Protection and Restoration Percent of populations of native aquatic non-threatened and endangered species self-sustaining in the wild. Number of acres of wetlands and wetland-associated uplands protected, restored and enhanced. Number of acres of coastal, upland, and island habitats protected, restored and enhanced. Accountability, Education, Monitoring, Evaluation, Com- munication and Partnerships Improvement in the overall aquatic ecosystem health of the Great Lakes using the Great Lakes 40-point scale. C) Grant Program Resources: Most EPA grants will be issued competitively pursuant to Requests for Proposals (RFPs) addressing the five focus areas. The first of EPA's RFPs identified 35 grant program areas. The Great Lakes Restoration Initiative Action Plan identifies numerous issue-based and geographically focused plans for Great Lakes protection and restoration which will be supported by the RFPs. Several other members of the Interagency Task Force are also expected to select propos- als, issue grants, and provide other assistance with funding from the Initiative. Grant opportunities for the Great Lakes Restoration Initiative are described in an Interagency Fund- ing Guide. In addition, the Great Lakes National Program Office negotiates grants resources with states and tribes, focus- ing on joint priorities for Lakewide Management Plans and Remedial Action Plans Additional information concerning these resources is provided in the grant program guidance website (http://www.epa.gov/glnpo/fund/glf.html). This website also links to information requesting proposals for monitoring and evaluation of contaminated sediments or for remediation of contaminated sediments, a non-grant program pursuant to the Great Lakes Legacy Act. National Water Program Guidance 35 Fiscal Year 2011 ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems Protect and Restore the Chesapeake Bay 4) Protect and Restore the Chesapeake Bay A) Subobjective: Improve the Health of the Chesapeake Bay Ecosystem. (Note: Measures of progress are identified in Appendix A.) B) Key Strategies The Chesapeake Bay Program (CBP) is a unique regional partnership that has coordinated and conducted the resto- ration of the Chesapeake Bay since 1983. Partners of the Chesapeake Bay Program include the states of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia; the District of Columbia; the Chesapeake Bay Commission (CBC), a tri-state legislative body; the Environ- mental Protection Agency, representing the federal govern- ment; and advisory groups of citizens, scientists, and local government officials. In the last 25 years, the CBP partners have achieved impor- tant progress: Adopted the nation's first consistent water quality stan- dards and assessment procedures, prompting major state and local investments in nutrient removal technologies across hundreds of wastewater treatment facilities; Established nutrient management plans on more than 3 million farmland acres; Preserved more than 1 million acres of forests, wetlands, farmland and other natural resources, meeting the Pro- gram's Land Preservation goal two years early; Developed science, data monitoring, models, and mea- sures that are recognized as some of the best and most extensive in the country and often around the world; Placed moratoria on striped bass harvests, leading to restoration of the stock that supports 90 percent of the Atlantic Coast population; Advanced use of conservation tillage, now practiced on more than 2 million acres; Planted nearly seven thousand miles of streamside for- ested buffers; Restored nearly 14 thousand acres of wetlands; and Removed blockages to more than 2 thousand miles of spawning grounds to help restore migratory fish. Despite 25 years of progress, the health of the Bay and its watershed remains in poor condition. In the most recent assessment, the overall health of the Bay averaged 45 based on goals for water quality, habitats and lower food web, and fish and shellfish abundance. This was a six percent increase from the previous year. The Bay Program partners achieved 64 percent of its goals to reduce pollution, restore habitats, manage fisheries, protect watersheds, and foster stewardship. Human activities continue to contribute more pollution, offsetting many of the accomplishments restora- tion projects have made. In July 2008, the Agency submitted a report to Congress summarizing the Chesapeake Action Plan. The plan was intended to enhance coordination of and accountability for the full spectrum of federal, state, local, and private part- ners' actions to restore the watershed and Bay. The plan: Aligned the program's strategies and actions to the goal areas of the Chesapeake 2000 agreement; Included an activity database that captures the implemen- tation actions of ten federal agencies, six states, District of Columbia, the CBC and other partners; and Included performance management dashboards that show status, projected progress, and set the stage for identifying obstacles and needs. In March 2009, the Chesapeake Bay Program partners approved and implemented a new organizational structure aligned with the CAP goals better emphasizing and focusing the critical goals and priorities of the program to: Change the business model of the program to include specific adaptive management principles, clarify roles, and expand contributions of other partners; Coordinate specific actions and strategies, through six Goal Implementation Teams, aligned to the major Chesa- peake 2000 goals, to achieve focus and outcome-oriented results. In May 2009, the Chesapeake Executive Council (EC) pledged to get all Bay management mechanisms necessary to restore the Bay in place by 2025. Part of this new strategy to speed up the pace of Bay restoration and become more accountable included the setting of specific two-year mile- stones for each jurisdiction to reduce pollution to the Bay and its rivers. These milestones will also contain "contingen- cies" and "consequences" for falling short. On May 12, 2009, President Obama signed Executive Order (EO) 13508 on Chesapeake Bay Protection and Restoration. The EO has brought the Chesapeake Bay Program to a new level of interagency coordination and cooperation. The EO established a Federal Leadership Committee for the Chesa- peake Bay chaired by EPA and including six other federal agencies. The Chesapeake Bay Program Office is supporting implementation of the new EO. On November 9, 2009, EPA and the other agencies included in the EO released a draft comprehensive strategy for the protection and restoration of the Chesapeake Bay and its watershed as called for in section 203 of the EO. Also in November 2009, EPA and other agencies released indi- vidual reports on specific challenges in the Chesapeake Bay as required under section 202 of the EO. The agencies are engaged in a significant public outreach effort to explain the strategy and reports and to hear directly from members of the public as to their perspectives on the ideas contained in these documents. Moreover, many elements of the CAP National Water Program Guidance 36 Fiscal Year 2011 ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems Protect and Restore the Chesapeake Bay are serving a central role in the development of the strategy required by the EO. EPA's recommended actions under the EO include: Development of watershed implementation plans by the six Bay watershed states and the District of Columbia; Requiring the states and District to develop milestones detailing near-term actions and loading reduction targets to evaluate progress toward water quality goals; Undertaking new rulemakings to reduce nutrient and sediment loadings to the Chesapeake Bay from concen- trated animal feeding operations, stormwater, and other pollutant sources as EPA deems necessary; and Establishing an enhanced partnership with the U.S. Department of Agriculture to accelerate the adoption of conservation practices by agricultural interests in the Bay watershed. On November 4, 2009, EPA provided the six states in the Chesapeake Bay watershed and the District of Columbia with rigorous expectations for jurisdictions to reduce pol- lution in streams, rivers, and the Bay to meet water quality standards. EPA's expectations fulfill the mandate of the EO, which calls for a new accountability framework that guides federal, state, and local water quality restoration efforts. The expectations also are a component of the Chesapeake Bay Total Maximum Daily Load (TMDL), which will set pollu- tion limits for point sources and nonpoint sources contrib- uting nitrogen, phosphorus and sediment to the Bay and its tidal creeks, rivers, and embayments. EPA expects the six watershed states and D.C. to identify how they will reduce pollutant loads to levels necessary to meet water quality standards. EPA expects detailed schedules for implementing cleanup actions and achieving pollution reductions. Prog- ress will be measured through benchmarks every two years, and EPA may impose federal consequences for inadequate plans or failure to meet the performance milestones. The Year Ahead: Challenges and Opportunities EPA continues to apply rigor to the adaptive management of the Bay Program by emphasizing implementation, effec- tive management, coordination, and accountability through expanded use of accountability tools and partner participa- tion on Goal Implementation Teams. EPA works with our partners to align activities to entities best positioned to deliver services. The Chesapeake Registry aids articulation and tracking of partner actions with current and expected progress against explicit environmental measures and outcomes (i.e., restored water quality, aquatic habitat and fisheries, healthy watersheds, and fostered stewardship). EPA will work with key partners to integrate their existing internal partner performance management data systems and refine the Chesapeake Registry to better support state and federal implementation efforts. EPA is also developing a new tool, ChesapeakeStat, to integrate information from the Chesapeake Registry with geospatial and other data to significantly enhance the accountability of program partners. ChesapeakeStat will provide interested parties with a more comprehensive idea of the progress being made in the Chesapeake Bay than has ever been available. The partnership will use Chesapeake Stat to develop interactive performance dashboards that will help articulate and support the implementation activi- ties and resources needed to close the gap between expected outcomes and established program goals. This will lead to better targeting of implementation activities in those sub- watersheds that will yield the greatest nutrient and sedi- ment reductions and understanding of options to accelerate implementation. Through the partnership's Goal Implementation Teams, goals, strategies and milestones for the Bay and watershed will continue to be refined to accurately represent and com- municate the protection and restoration work being done. The effort will include incorporation of the activities pro- posed under the EO in partnership's strategic framework, which should enhance the integration and cooperation of federal, state, and local governments on the Chesapeake Bay and watershed. EPA will augment funding for states and other monitoring and implementation activities to further leverage critical investments to reduce nutrient and sediment loads to the Chesapeake Bay. For example in FY 2010, EPA is provid- ing $11.2 million more in grants to states than in FY 2009. This grant funding is provided to support regulatory and enforcement efforts related to the Executive Order and TMDL. EPA will continue to develop an explicit strategy to engage local governments and local watershed groups in response to a program commitment to EPA's Inspector General. EPA will direct investments toward key local governments and watershed organizations based on their ability to reduce nutrient and sediment loads via key sectors such as devel- opment and agricultural in urban and rural areas. EPA's Office of the Inspector General (OIG) has also desig- nated the CBP as a "management challenge" under the Fed- eral Managers' Financial Integrity Act indicating that EPA lacks the tools, resources, or authorities to be fully success- ful. In response, EPA is developing specific ideas for explicit actions, new tools, programs, authorities, and resources to accelerate and improve restoration progress. The CBP part- nership is using independent program performance evalua- tion to critically review components of the CBP and support enhanced "adaptive management" efforts. The program is bringing in an Independent Evaluator to aid in transpar- ency and accountability by all of the partners. A first step in this effort is EPA's contract with the National Academies of Science. The National Academies shall provide actionable recommendations to the U.S. Environmental Protection Agency (EPA), and other relevant parties including, and not limited to, the six states in the Chesapeake Bay watershed, the District of Columbia, and other federal agencies on how National Water Program Guidance 37 Fiscal Year 2011 ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems Protect the Gulf of Mexico to improve strategic and specific implementation efforts to obtain the CBP's nutrient reduction goal for water quality in order to accelerate reaching the overall goals to protect and restore the Chesapeake Bay. EPA is developing the nation's largest and most complex Total Maximum Daily Load (TMDL) for the entire Chesa- peake Bay watershed, due to be completed by December 2010. EPA expects that the states and D.C. will provide specific timelines for enhancing programs and implement- ing actions to reduce pollution, with all measures needed to reach the pollution load limits in place no later than 2025. By December 2010, the states and D.C. are expected to identify gaps in current programs that must be addressed to meet pollution limits, which could be accomplished by expanding regulatory authorities, improving compliance with existing regulations, securing additional financial resources and issuing more stringent permits for wastewa- ter facilities. By 2011, EPA expects the states and D.C. to divide their allocated pollution reductions to the local level so that coun- ties, municipalities, conservation districts and watershed organizations understand their role in meeting water qual- ity goals. EPA expects that by 2017 pollution controls will be in place that should result in approximately 60 percent of the required reductions. States and D.C. must also offset any increased loads from population growth and land use changes anticipated in the coming decades. While EPA has rigorous expectations for the states and D.C. to reduce water pollution, the jurisdictions are provided flexibility in how they achieve those reductions. Plans for achievement, however, should include a level of detail that creates a high degree of accountability for reducing water pollution, including assurance that permits will be issued to be consistent with the plans and TMDL pollution alloca- tions. To increase accountability, the six Bay states - Dela- ware, Maryland, New York, Pennsylvania, Virginia and West Virginia - and D.C. will demonstrate progress toward imple- menting pollution controls through two-year milestones. If plans are inadequate or progress is insufficient, EPA may impose federal consequences. Consequences may include assigning more stringent pollution reduction requirements to point sources, objecting to state-issued National Pollut- ant Discharge Elimination System permits, prohibiting new or expanded pollution discharges, and withholding or real- locating federal grants. C) Grant Program Resources Grant resources supporting this goal include the Chesa- peake Bay Implementation and Monitoring Grants under Section 117 of the Clean Water Act, as well as a range of program grants to states. A website provides informa- tion about grants progress toward meeting environmental results (http://www.epa.gov/region3/chesapeake/grants/ progress.htm). 5) Protect the Gulf of Mexico A) Subobjective: Improve the overall health of coastal waters of the Gulf of Mexico (by 0.2) on the "good/fair/poor" scale of the National Coastal Condition Report (a 5-point sys- tem in which 1 is poor and 5 is good): 2004 Baseline: 2.4 2009 Actual: 2.2 2010 Commitment: 2.5 2011 Target: 2.5 2014 Target: 2.6 (Note: Measures of progress are identified in Appendix A.) B) Key Strategies The Gulf of Mexico basin has been called "America's Water- shed." Its U.S. coastline is 1,630 miles; it is fed by thirty- three major rivers, and it receives drainage from 31 states in addition to a similar drainage area from Mexico. One sixth of the U.S. population now lives in Gulf Coast states, and the region is experiencing remarkably rapid population growth. In addition, the Gulf yields approximately forty percent of the nation's commercial fishery landings, and Gulf Coast wetlands comprise about half the national total and provide critical habitat for seventy-five percent of the migratory waterfowl traversing the United States. For FY 2011, EPA is working with states, tribes, and other partners to support attainment of environmental and health goals that align with the Gulf of Mexico Governors' Action Plan II which follows the successes of the first Action Plan. The Gulf States Alliance has now developed a farther- reaching, five-year regional plan that builds on the partner- ships established as part of the 2006 Action Plan. In Action Plan II, (2009-2014), the Alliance has identified issues that are regionally significant and can be effectively addressed through increased collaboration at the local, state, and fed- eral levels. These activities fall into six categories: 1) Water Quality for Healthy Beaches and Shellfish Beds The Clean Water Act provides authority and resources that are essential to protecting water quality in the Gulf of Mexico and in the larger Mississippi River Basin that con- tributes pollution, especially oxygen demanding nutrients, to the Gulf. EPA regions and the Gulf of Mexico Program Office will work with states to continue to maximize the efficiency and utility of water quality monitoring efforts for local managers by coordinating and standardizing state and federal water quality data collection activities in the Gulf region and to assure the continued effective implementa- tion of core clean water programs, ranging from discharge permits, to nonpoint pollution controls, to wastewater treatment, to protection of wetlands. A central pillar of the strategy to restore the health of the Gulf is restoration of water quality and habitat in 13 prior- ity coastal watersheds. These 13 watersheds include 755 of \X/ National Water Program Guidance 38 Fiscal Year 2011 ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems Protect the Gulf of Mexico the impaired segments identified by states around the Gulf and will receive targeted technical and financial assistance to restore impaired waters. The 2011 goal is to fully attain water quality standards in at least 128 of these segments (see Program Activity Measure SP-38). Harmful algal blooms (HABs) cause public health adviso- ries, halt commercial and recreational shellfish harvesting, limit recreation, exacerbate human respiratory problems, and cause fish kills. EPA is working with Mexico and the Gulf states to implement an advanced detection forecast- ing capability system to manage harmful algal blooms and for notifying public health managers (see Program Activity Measure GM-1) and expects to expand the system in 2011 to include the additional Mexican States of Campeche and Tabasco. The Gulf of Mexico Program Office has a long-standing commitment to develop effective partnerships with other programs within EPA, in other federal agencies, and with other organizations. For example, the Program Office is working with the EPA Office of Research and Development and other federal agencies to develop and implement a coastal monitoring program to better assess the condition of Gulf waters. 2) Habitat Conservation and Restoration Another key element of the strategy for improving the water quality in the Gulf is to restore, enhance, or pro- tect a significant number of acres of coastal and marine habitat. The overall wetland loss in the Gulf area is on the order of fifty percent, and protection of the critical habitat that remains is essential to the health of the Gulf aquatic system. EPA has a goal of restoring 30,000 cumulative acres of habitat by 2011 (see Program Activity Measure SP-39). EPA is working with the NOAA, environmental organiza- tions, the Gulf of Mexico Foundation, and area universities to identify and restore critical habitat. The Gulf Alliance will enhance cooperative planning and programs across the Gulf states and federal agencies to protect wetland and estuarine habitat. 3) Ecosystems Integration and Assessment The Gulf Coast supports a diverse array of coastal, estua- rine, nearshore and offshore ecosystems, including seagrass beds, wetlands and marshes, mangroves, barrier islands, sand dunes, coral reefs, maritime forests, bayous, streams, and rivers. These ecosystems provide numerous ecological and economic benefits including water quality, nurseries for fish, wildlife habitat, hurricane and flood buffers, ero- sion prevention, stabilized shorelines, tourism, jobs, and recreation. The Gulf of Mexico contributes U.S. commercial fish landings estimated annually at more than $1 billion and as much as 30 percent of U.S. saltwater recreation fishing trips. The ability to evaluate the extent and quality of these habitats is critical to successfully managing them for sus- tainability, as well as better determining threats from hur- ricanes and storm surge. The long-term partnership goal for the Alliance is to identify, inventory, and assess the current state of and trends in priority coastal, estuarine, near-shore, and offshore Gulf of Mexico habitats to inform resource management decisions. The Gulf of Mexico Program is working with NOAA, the U.S. Army Corps of Engineers, and the U.S. Geological Survey in support of this goal. 4) Nutrients and Nutrient Impacts Healthy estuaries and coastal wetlands depend on a bal- anced level of nutrients. Excessive nutrient levels can have negative impacts such as reducing the abundance of recreationally and commercially important fishery species. The Alliance has identified excess nutrients as one of the primary problems facing Gulf estuaries and coastal waters. Over the next several years, the Gulf states will be estab- lishing criteria for nutrients in coastal ecosystems that will guide regulatory, land use, and water quality protection decisions. Nutrient criteria could potentially reverse current trends in nutrient pollution to coastal waters and estuar- ies, but the challenge is to prevent or reduce the man-made sources of nutrients to levels that maintain ecosystem productivity and restore beneficial uses. In 2011, EPA will support coastal nutrient criteria and standards develop- ment with a Gulf state pilot and will develop science and management tools for the characterization of nutrients in coastal ecosystems. Because the five Gulf states face similar nutrient management challenges at both the estuary level and as the receiving water for the entire Mississippi River watershed, the Gulf of Mexico Alliance is an important venue to build and test management tools to reduce nutri- ents in Gulf waters and achieve healthy and resilient coastal ecosystems. Any strategy to improve the overall health of the entire Gulf of Mexico must include a focused effort to reduce the size of the zone of hypoxic conditions (i.e., low oxygen in the water) in the northern Gulf. Actions to address this problem must focus on both localized pollutant addition throughout the Basin and on nutrient loadings from the Mississippi River. EPA, in cooperation with states and other federal agencies, developed the Gulf Hypoxia Action Plan 2008. This Action Plan includes as a goal the long-term target to reduce the size of the hypoxic zone from about 14,000 square km to less than 5,000 square km. measured as a five-year running average (see Program Activity Measure SP-40). In work- ing to accomplish this goal, EPA, states, and other federal agencies, such as USDA, will continue implementation of core clean water programs and partnerships and efforts to coordinate allocation of technical assistance and funding to priority areas around the Gulf. Specifically, in FY 2011, EPA will support a targeted Missis- sippi River Basin initiative which will support development and implementation of State Nutrient Reduction strategies to reduce nutrient loadings to watersheds and reduce the size of the hypoxic zone. A new grant program will provide the opportunity to build state partnerships along the Mississippi River based upon accountability and water quality goals. National Water Program Guidance 39 Fiscal Year 2011 ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems Protect Long Island Sound 5) Environmental Education Education and outreach are essential to accomplish the Gulf of Mexico Alliance's overall goals and are integral to the other five Alliance priority issues. It is critical that Gulf residents and decision makers understand and appreciate the connection between the ecological health of the Gulf of Mexico and its watersheds and coasts, their own health, the economic vitality of their communities, and their over- all quality of life. There is a nationwide need for a better understanding of the link between the health of the Gulf of Mexico and the U.S. economy. The long-term Alliance partnership goal is to increase awareness and stewardship of Gulf coastal resources and promote action among Gulf citizens. 6) Coastal Community Resilience Coastal communities continuously face and adapt to various challenges of living along the Gulf of Mexico. The economic, ecological, and social losses from coastal hazard events have grown as population growth places people in harm's way and as the ecosystems' natural resilience is compromised by development and pollution. In order to sustain and grow the Gulf region's economic prosperity, individuals, businesses, communities, and ecosystems all need to be more adaptable to change. In 2011, EPA will assist with the development of information, tools, technologies, products, policies, or public decision processes that can be used by coastal communities to increase resilience to coastal natural hazards and sea level rise. The Gulf of Mexico Program is working with NOAA, Sea Grant Programs, and the U.S. Geological Survey in support of this goal. C) Grant Program Resources The Gulf of Mexico Program issues an annual competi- tive Funding Announcement for Gulf of Mexico Alliance Regional Partnership projects that improve the health of the Gulf of Mexico by addressing improved water qual- ity and public health, priority coastal habitat protection/ recovery, more effective coastal environmental education, improved habitat identification/characterization data and decision support systems, and strategic nutrient reductions. Projects must actively involve stakeholders and focus on support and implementation of the Gulf of Mexico Alliance Governors' Action Plan for Healthy and Resilient Coasts. For additional information on these grants, see the grant program guidance on the website (http://www.epa.gov/ gmpo). 6) Protect Long Island Sound rfff+i A) Subobjective: Prevent water pollution, improve water quality, protect aquatic ecosystems, and restore habitat of Long Island Sound. (Note: Measures of progress are identified in Appendix A.) B) Key Program Strategies More that 20 million people live within 50 miles of Long Island Sound's shores and more than one billion gallons per day of treated effluent enter the Sound from 106 treatment plants. In a 1992 study, it was estimated that the Sound generated more than $5.5 billion to the regional economy from clean water-related activities alone - recreational and commercial fishing and shellfishing, beach-going, and swimming. In 2009 dollars, that value is now $8.41 bil- lion. The Sound also generates additional billions of dollars through transportation, ports, harbors, real estate, and other cultural and aesthetic values. The Sound is breeding ground, nursery, feeding ground, and habitat to more than 170 species of fish and 1,200 invertebrate species that are under stress from development, competing human uses and climate change. The key environmental and ecological outcomes for Long Island Sound include: Marine waters that meet prescribed water quality standards; Diverse habitats that support healthy, abundant and sustainable populations of diverse aquatic and marine- dependent species; An ambient environment that is free of substances that are potentially harmful to human health or otherwise may adversely affect the food chain; and Educated and informed citizens who participate in the restoration and protection of this invaluable resource. EPA continues to work with the Long Island Sound Man- agement Conference partners - the states of New York and Connecticut and other federal, state, and local government agencies, industry, and the private sectorto implement the Comprehensive Conservation and Management Plan (CCMP) to restore and protect the Sound. Because levels of dissolved oxygen are critical to the health of aquatic life and viable public use of the Sound, a CCMP priority is controlling nitrogen discharges to meet these water quality standards. 1) Reduce Nitrogen Loads The Long Island Sound bi-state nitrogen TMDL relies on flexible and innovative approaches, notably bubble permits and management zones and exchange ratios that allow sew- age treatment plant operators to trade nitrogen reduction obligations with each other. This approach can help attain water quality improvement goals, while allowing com- munities to save an estimated $800 million by allocating reductions to those plants where they can be achieved most economically, and to plants that have the greatest impact on water quality. The States of New York and Connecticut will continue to allocate resources toward Sewage Treatment Plant (STP) upgrades to control nitrogen discharges as required in their revised NPDES (SPDES) permits. The States will monitor National Water Program Guidance 40 Fiscal Year 2011 ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems Protect Long Island Sound and report discharges through the Permit Compliance System (PCS). Revisions to the TMDL conducted under the initial review process will incorporate any revised marine water quality standards for dissolved oxygen adopted by the States of Connecticut and New York. The State of Connecticut will continue its innovative Nitrogen Credit Exchange program instituted in 2002. Reductions in nitrogen discharges at plants that go beyond TMDL requirements create the state's system of market credits, which will continue to assist in reducing construc- tion costs and more effectively address nitrogen reductions to the Sound. New York City will continue its STP nitrogen upgrades under a 2005 State of New York Consent Order, and will minimize the impact of nitrogen discharges to the Sound as construction proceeds through 2017. EPA will continue to work with the upper Long Island Sound watershed States of Massachusetts, New Hampshire, and Vermont to develop state plans to identify and control nitrogen discharges to the Connecticut River, the primary fresh water riverine input to the Sound. As sources are identified and control strategies developed, state discharge permits will need to be modified to incorporate appropriate load allocations. A continuing challenge to EPA and states is to address nonpoint sources of nitrogen deposition to the Sound, including atmospheric deposition and groundwater infiltration, which contribute many thousands of pounds of nitrogen and which are more difficult and complex to iden- tify and control. To address these sources, the LISS supports local watershed protection programs to reduce stormwater runoff, plan for and manage growth, and conserve natural landscapes. 2) Reduce the Area and Duration of Hypoxia As nitrogen loads to the Sound decrease, reductions in the size and duration of the hypoxic area maybe anticipated. While other factors also affect the timing, duration, and severity of hypoxia, including weather conditions such as rainfall, solar radiation and light, temperature, and winds, continued reductions in nitrogen loads will help to miti- gate these uncontrollable factors. As the states continue implementing STP upgrades and nonpoint source controls, the new applied technologies will reduce nitrogen inputs, limiting algal response and interfering with the cycles that promote algal growth, and its death, decay, and resulting loss of dissolved oxygen. 3) Restore and Protect Critical Habitats and Reopen Rivers to Diadromous Fish EPA will continue to work with Management Conference partners to restore degraded habitats and reopen rivers and streams to diadromous fish passage. States and EPA will direct efforts at the most vulnerable coastal habitats and key areas of high ecological value, such as coastal wetlands. Projects, using EPA and a variety of public and private funding sources, and in cooperation with landowners, will construct fishways, remove dams, or otherwise remove impediments to diadromous fish passage. Where feasible and as funding allows, fish counting devices will provide valuable data on actual numbers of fish entering breeding grounds. Restoration of the diadromous fishery and increas- ing the higher trophic levels in the Sound are longer-term goals of federal and state natural resource managers. 4) Implement through Partnerships New York, Connecticut, and EPA will cooperate to agree on and implement a new Long Island Sound Agreement. The Agreement will build upon CCMP goals and targets, which were refined and documented in the predecessor Long Island Sound 2003 Agreement. EPA and states will continue to participate in the Long Island Sound Management Conference under CWA Section 320, as implemented through the Long Island Sound Restora- tion Act of2000 as amended, CWA Section 119. The states and EPA will continue to address the highest priority envi- ronmental and ecological problems identified in the CCMP - the impact of hypoxia on the ecosystem, including living marine resources; the effects of reducing toxic substances, pathogens, and floatable debris on the ambient environ- ment; identification, restoration and protection of critical habitats; and managing the populations of living marine and marine-dependent resources that rely on the Sound as their primary habitat. The Management Conference will work to improve riparian buffers in key river reaches and restore submerged aquatic vegetation in key embayments; reduce the impact of toxic substances, pathogens, and float- able debris on the ecology; and improve the stewardship of these critical areas. EPA and the states will continue to support the Long Island Sound Study (LISS) Citizens Advisory Committee and the Science and Technical Advisory Committee, which provide technical expertise and public participation and advice to the Management Conference partners in the implementa- tion of the CCMP. An educated and informed public will more readily recognize problems and understand their role in environmental stewardship. 5) Core EPA Program Support The LISS supports, and is supported by EPA core environ- mental management and regulatory control programs. The CCMP, established under CWA Section 320, envisioned a partnership of federal, state and local governments, private industry, academia and the public, to cleanup and restore the Sound. This cooperative environmental partnership relies on existing federal, state and local regulatory frameworksand fundingto achieve targets for restoration and protection and apply limited resources to highest priority areas. For example, EPA and the states use authorities under CWA Section 319 to manage watersheds that are critical to the health of Long Island Sound. Under Section 303(d), state and local TMDLs for harmful substances support the work of the Management Conference in ensuring a clean and safe Long Island Sound. National Water Program Guidance 41 Fiscal Year 2011 ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems Protect the South Florida Ecosystem State Revolving Funds under Section 601 are used to upgrade STPs for nitrogen control, and NPDES permits issued under Section 402 provide enforceable targets to monitor progress in reducing nitrogen and other harmful pollutants to waters entering the Sound. Because of the LISS nitrogen TMDL, developed under Section 303(d), both the states of Connecticut and New York revised their ambi- ent water quality standards for dissolved oxygen (DO) to be consistent with EPA's national guidance for DO in marine waters. With EPA funding through the LISS, Connecticut conducts the LIS ambient water quality monitoring (WQM) program, and has participated with the State of New York in EPA's National Coastal Assessment monitoring program. The data compiled by the LISS WQM program is one of the most robust and extensive datasets on ambient conditions available to scientists, researchers, and managers. The LISS nitrogen TMDL sets firm reduction targets and encourages trading at point sources, and NPDES/SPDES permits have been modified to incorporate TMDL nitrogen limits on a 15 year enforceable schedule. EPA and the states evaluate the TMDL and revise the allocations as necessary to attain water quality standards. The states of New York and Con- necticut recognize the significant investments required to support wastewater infrastructure and have passed state bond act funding to sustain efforts to upgrade facilities to reduce nitrogen loads to the Sound as established in the nitrogen TMDL. These actions are primary support of CWA core programs, and are ongoing and integral to LISS CCMP implementation to restore and protect Long Island Sound. C) Grant Program Resources EPA grant resources supporting this goal include the Long Island Sound CCMP implementation grants authorized under Section 119(d) of the Clean Water Act as amended. These include the Long Island Sound Futures Fund Large and Small grant programs administered by the National Fish and Wildlife Foundation, the Long Island Sound CCMP Enhancements Grant program administered by the New England Interstate Water Pollution Control Commission, and the Long Island Sound Research Grant program admin- istered by the New York and Connecticut Sea Grant pro- grams. The LISS web page provides grant information and progress toward meeting environmental results: (http:// www.longislandsoundstudy.net/grants/index.htm). 7) Protect the South Florida Ecosystem A) Subobjective: Protect and restore the South Florida ecosystem, including the Everglades and coral reef ecosystems. (Note: Measures of progress are identified in Appendix A.) B) Key Program Strategies The South Florida ecosystem encompasses three national parks, more than ten national wildlife refuges, a national preserve and a national marine sanctuary. It is home to two Native American nations, and it supports the largest wilderness area east of the Mississippi River, the only living coral barrier reef adjacent to the United States, and the largest commercial and sport fisheries in Florida. But rapid population growth is threatening the health of this vital ecosystem. South Florida is home to about 8 million people, more than the populations of 39 individual states. Another 2 million people are expected to settle in the area over the next 10 to 20 years. Fifty percent of the region's wetlands have been lost to suburban and agricultural development, and the altered hydrology and water management through- out the region have had a major impact on the ecosystem. EPA is working in partnership with numerous local, regional, state, and federal agencies and tribes to ensure the long-term sustainability of the region's varied natu- ral resources while providing for extensive agricultural operations and a continually expanding population. EPA's South Florida Geographic Initiative (SFGI) is designed to protect and restore communities and ecosystems affected by environmental problems. SFGI efforts include activities related to the Section 404 wetlands protection program; the Comprehensive Everglades Restoration Program (CERP); the Water Quality Protection Program for the Florida Keys National Marine Sanctuary; the Southeast Florida Coral Reef Initiative, directed by the U.S. Coral Reef Task Force; the Brownfields Program; and a number of other waste management programs. 1) Accelerate Watershed Protection Strong execution of core clean water programs is essential but not adequate for accelerating progress toward maintain- ing and restoring water quality and the associated biologi- cal resources in South Florida. Water quality degradation is often caused by many different and diffuse sources. To address the complex causes of water quality impairment, we are using an approach grounded in science, innovation, stakeholder involvement, and adaptive management - the watershed approach. In addition to implementing core clean water programs, we will continue to work to: Support and expand local watershed protection efforts through innovative approaches to build local capacity; and Initiate or strengthen through direct support watershed protection and restoration for critical watersheds and water bodies. 2) Conduct Congressionally-mandated Responsibilities The Florida Keys National Marine Sanctuary (FKNMS) and Protection Act of 1990 directed EPA and the State of Flor- ida, in consultation with the National Oceanic and Atmo- spheric Administration (NOAA), to develop a Water Quality Protection Program (WQPP) for the Sanctuary. The purpose of the WQPP is to recommend priority corrective actions and compliance schedules addressing point and nonpoint sources of pollution in the Florida Keys ecosystem. In National Water Program Guidance 42 Fiscal Year 2011 ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems Protect the South Florida Ecosystem addition, the Act also required development of a compre- hensive water quality monitoring program and provision of opportunities for public participation. In FY 2011, EPA will continue to implement the WQPP for the FKNMS, includ- ing the comprehensive monitoring projects (coral reef, seagrass, and water quality), special studies, data manage- ment, and public education and outreach activities. EPA will also continue to support implementation of wastewater and storm water master plans for the Florida Keys to upgrade inadequate wastewater and storm water infrastructure. In addition, we will continue to assist with implementing the comprehensive plan for eliminating sewage discharges from boats and other vessels. 3) Support the Actions of the U.S. Coral Reef Task Force In October 2002, the U.S. Coral Reef Task Force passed a reso- lution to improve implementation of the National Action Plan to Conserve Coral Reefs. Among other things, the resolution recommended development of local action strategies (LAS) to improve coordinated implementation of coral reef conserva- tion. In 2004 and 2005, EPA Region 4 staff worked with the Southeast Florida Coral Reef Initiative (SEFCRI) to develop a LAS for southeast Florida calling for reducing "land-based sources of pollution" and increasing the awareness and appre- ciation of coral habitat. Key goals of the LAS are: Characterize the existing condition of the coral reef ecosystem; Quantify, characterize and prioritize the land-based sources of pollution that need to be addressed based on identified impacts to the reefs; Identify how pollution affects the southeast Florida coral reef habitat; Reduce the impacts of land-based sources of pollution; and Work in close cooperation with the awareness and appre- ciation focus team. Detailed action strategies or projects for each goal have been developed. For example, one priority action strategy/ project is to assimilate existing data to quantify and char- acterize the sources of pollution and identify the relative contributions of point and nonpoint sources. 4) Other Priority Activities for FY 2011 Support development of TMDLs for various south Florida waters including the watershed for Lake Okeechobee, the primary or secondary source of drinking water for large portions of south Florida. Continue to work with Florida Department of Environ- mental Protection in developing numeric water quality criteria for Florida water bodies. EPA in accordance with a consent decree committed to establish numeric criteria for lakes and flowing water in 2010, and for estuaries and coastal waters in 2011. Assist the State of Florida and South Florida Water Management District in evaluating the appropriateness of aquifer storage and recovery (ASR) technology as a key element of the overall restoration strategy for south Florida. Region 4 will continue to work with the COE to evaluate proposed ASR projects. Continue implementation of the South Florida Wetlands Conservation Strategy, including protecting and restoring critical wetland habitats in the face of tremendous growth and development. Continue to work closely with the Jacksonville District U.S. Army Corps of Engineers and the State of Florida to facilitate expedited review of National Environmental Pol- icy Act (NEPA) and regulatory permit actions associated with the ongoing implementation of CERP. Several large water storage impoundments will be under construction during the next few years. Continue to implement the Everglades Ecosystem Assess- ment Program, an EMAP-based monitoring program to assess the health of the Everglades and the effectiveness of ongoing restoration and regulatory strategies. Scien- tific publications were completed in FY 2010. Continue to work with the State of Florida, the Semi- nole Tribe of Florida and Miccosukee Tribe of Indians of Florida, and federal agencies to implement appropriate phosphorus control programs that will attain water qual- ity standards within the Everglades. The Seminole Tribe and the Miccosukee Tribe of Indians of Florida both have federally approved water quality (WQS) which may differ from the State WQS. For instance, the Miccosukee Tribe has a 10 ppb criterion for phosphorus while the State has a narrative criterion. To insure the identification of the appropriate WQS criteria, both tribes should be involved in the activities, especially in nutrient control, water qual- ity activities, and development of TMDLs effecting tribal waters. C) Grant Program Resources The South Florida Program Office uses available resources to fund priority programs and projects that support the restoration and maintenance of the south Florida ecosys- tem, including the Everglades and coral reef habitat. These programs and projects include monitoring (water quality, seagrass, and coral reef), special studies, and public edu- cation and outreach activities. Federal assistance agree- ments for projects supporting the activities of the SFGI are awarded under the authority of Section 104(b)(3) of the CWA. Region 4 issues announcements of opportunity for federal funding and "requests for proposals" in accordance with EPA Order 5700.5 (Policy for Competition in Assis- tance Agreements). National Water Program Guidance 43 Fiscal Year 2011 ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems Protect the Puget Sound Basin 8) Protect the Puget Sound Basin A) Subobjective: Improve water quality, improve air qual- ity, and minimize adverse impacts of rapid development in the Puget Sound Basin. (Note: Measures of progress are identified in Appendix A.) B) Key Program Strategies The Puget Sound Basin is the largest population and com- mercial center in the Pacific Northwest, supporting a vital system of international ports, transportation systems, and defense installations. The ecosystem encompasses roughly 20 rivers and 2,800 square miles of sheltered inland waters that provide habitat to hundreds of spe- cies of marine mammals, fish, and sea birds. Puget Sound salmon landings average more than 19 million pounds per year and support an average of 578,000 sport-fishing trips each year, as well as subsistence harvests to many tribal communities. However, continued declines in wild salmon and other key species indicate that additional watershed protection and restoration efforts are needed to reverse these trends. Although Puget Sound currently leads U.S. waterways in shellfish production, 30,000 acres of shellfish beds have been closed to harvest since 1980. These closures affect local economies and cultural and subsistence needs for these traditional resources. In addition, excess nutrients have cre- ated hypoxic zones that further impair shellfish and finfish populations. Recent monitoring assessments indicate that marine species in the Puget Sound have high levels of toxic contamination. Almost 5,700 acres of submerged land (about 9 square miles) are currently classified as contami- nated with toxics and another 24,000 as at least partially contaminated. Additional pollutants are still being released: approximately 1 million pounds of toxics are released into the water, with stormwater identified as a major source, and 5 million pounds into the air each year, with many of these pollutants also finding their way into Puget Sound and its food web. There is growing recognition that protecting the Puget Sound ecosystem would require increased capacity and sharper focus. In 2006, a broad partnership of civic leaders, scientists, business and environmental repre- sentatives, representative agency directors and tribal leadership was asked to propose a new state approach to restoring and protecting the Puget Sound Basin and its component watersheds. This challenge resulted in the creation of the Puget Sound Partnership in 2008, a new state agency, and an updated and more integrated com- prehensive management plan in 2009, the "2020 Action Agenda", for protecting and restoring the Puget Sound ecosystem. Key program strategies for FY 2011 include: Improving Water Quality and Restoring Shellfish Beds and Wild Salmon Populations through Local Watershed Protection EPA will continue to work with state and local agen- cies and tribal governments to build local capacity for protecting and restoring local watersheds. This will help focus and maintain coordinated protection and corrective actions to improve water quality specifically in those areas where shellfish bed closures or harvest area downgrades are occurring or where key salmon recovery efforts are being focused. Addressing Stormwater Issues through Local Water- shed Protection Plans EPA will work with state and local agencies and the tribes using local watershed protection approaches to reduce stormwater impacts to local aquatic resources in urbanizing areas currently outside of NPDES Phase I and II permit authority. Of particular concern are the sensitive and high value estuarine waters such as Hood Canal, the northern Straits, and south Puget Sound. EPA will also work with the state to increase support to local and tribal governments and the development community to promote smart growth and low impact development approaches in the Puget Sound Basin. Watershed protection and land use integration proj- ects are being funded with approximately half of the 2009 appropriation. The 2009 appropriation will also fund implementation of Tribal priority ecosystem and human health work in the Puget Sound region. The 2009 and 2010 grant programs are targeted to sup- port the priority actions identified in the Puget Sound Action Agenda, which was formally approved by EPA under Section 320 of the Clean Water Act in 2009. To the extent that we can, EPA will assist with evalu- ating, quantifying, and documenting improvements in local water quality and beneficial uses as these local watershed protection and restoration plans are implemented. EPA will work with states to help support develop- ment of a comprehensive storm water monitoring pro- gram for the Puget Sound basin so that information gathered can be used to adaptively manage the next round of permits and implementation actions. Reducing Sources of Toxics and Nutrients Priority toxic contaminants from terrestrial, atmo- spheric, and marine discharge sources will be quan- tified and source control actions prioritized and initiated. A mass balance model of nutrient sources, reservoirs, pathways, and risk to local ecosystems in Puget Sound will be refined and specific nutrient reduction strate- gies will be established within priority areas, including both Hood Canal and South Puget Sound. JT National Water Program Guidance 44 Fiscal Year 201' ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems Protect the Columbia River Basin Restoring and Protecting Nearshore Aquatic Habitats Through the Puget Sound Nearshore Restoration Partnership, high profile habitat restoration projects will continue to be initiated and others completed in priority estuaries, including the Skagit, Nisqually, Hood Canal, Elwha, and South Puget Sound. Protection programs, restoration strategies, project lists, and outcomes will be evaluated against current conditions and ongoing habitat loss to determine net changes in extent and function of estuary habitats. Improving Ecosystem Monitoring and the Application of Science A new Integrated Science Plan for Puget Sound is being developed including enhanced monitoring, mod- eling, assessment and research capacity. The emerg- ing science agenda will be focused on improving the effectiveness of both local management activities and broader policy initiatives. EPA will continue developing and implementing a comprehensive watershed monitoring program to better understand the impacts of stormwater runoff on aquatic resources and the effectiveness of different management practices and policies. EPA will work with other science communication ini- tiatives and programs to ensure that data and infor- mation is more available and relevant to citizens, local jurisdictions, watershed management forums, and resource managers. Ensuring Focused and Productive Transboundary Coordination EPA Region 10 will continue to work with Environment Canada, Pacific Yukon Region to implement biennial work plans developed under the 2000 Joint Statement of Cooperation on the Georgia Basin and Puget Sound Eco- system ("SoC"). As in previous years, the EPA-EC chaired SoC working group, comprising state, provincial, tribal, and first nations representatives, work toward sharing scientific information on the ecosystem, developing joint research initiatives, ensuring coordination of environmental man- agement initiatives, and jointly considering longer term planning issues including air quality and climate change. A significant FY 2011 activity will be planning the next bien- nial Salish Sea Ecosystem Research Conference (Vancouver, 2011); in 2009 this transboundary conference attracted registration from over 1100 scientists, policy makers, and stakeholders C) Grant Program Resources EPA grant resources directly supporting this goal have usually been limited to the National Estuary Program Grants under Section 320 of the Clean Water Act (approx. $500 K annually in recent years). The FY 2010 appropriations bill included close to $50 million for development and implementation of the 2020 Action Agenda for Puget Sound. FY 2010 and 2011 appropriations will be applied to implementation of priority actions aimed at pollution source control, watershed protec- tion, and the science capacity needed to help focus, monitor and assess the effectiveness of actions. A range of other water program grants also support many activities that assist in the achievement of this subobjective. These include grants sup- porting Washington State and Tribal water quality programs, and infrastructure loan programs. D)A Strategic Response to Climate Change The Puget Sound Partnership's Action Agenda calls for actions to adapt to and mitigate for climate change. The Action Agenda recognizes that climate change will exacer- bate the existing threats to Puget Sound. Both the Puget Sound Partnership and EPA have identified climate change impacts to be considered when evaluating potential actions. For example, EPA included climate change as a rating factor in its 2009 Request for Proposal for Puget Sound "Water- shed Management Assistance" and in the Puget Sound "Tribal set-aside" grants, which will provide approximately $13.5 million in funding. Many of the strategies and actions to protect and restore Puget Sound also serve as mitigation and adaptation measures. For additional information, please visit: http://www.epa. gov/ regionlO/psgb/. 9) Protect the Columbia River Basin A) Subobjective: Prevent water pollution and improve and protect water quality and ecosystems in the Columbia River Basin to reduce risks to human health and the environment. (Note: Measures of progress are identified in Appendix A.) B) Key Program Strategies The Columbia River Basin covers a major portion of the landscape of North America, including parts of seven U.S. states and British Columbia. The basin provides drainage through an area of more than 260,000 square miles into a river over 1,200 miles in length. The Columbia River Basin has been and will continue to provide an important North American backdrop for urban settlement and develop- ment, agriculture, transportation, recreation, fisheries and hydropower. The Columbia River Basin also serves as a unique and special ecosystem, home to many important plants and animals. Columbia River salmon and steelhead runs were once the largest runs in the world. The tribal people of the Columbia River have depended on these salmon for thousands of years for human, spiritual, and cultural sustenance. Challenges The Columbia River Basin provides great environmental, economic, and social benefit to many public and private HH National Water Program Guidance 45 Fiscal Year 2011 ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems Protect the Columbia River Basin interests. The Basin is a dynamic economic engine driving many industries vital to the Pacific Northwest, including sport and commercial fisheries, agriculture, transporta- tion, recreation and, with many hydropower dams, electrical power generation. However, hydro-electric power genera- tion, agriculture, and other human activities have disrupted natural processes and impaired water quality in some areas to the point where human health is at risk and historic salmon stocks are threatened or extinct. Many Columbia River tribu- taries, the mainstem, and the estuary are declared 'impaired' under Section 303(d) of the Clean Water Act. In 1992, an EPA national survey of contaminants in fish alerted EPA and others to a potential health threat to tribal and other people who eat fish from the Columbia River Basin. To evaluate the likelihood that tribal people may be exposed to high levels of contaminants in fish, EPA funded the Columbia River Inter-Tribal Fish Commission to survey tribal members' fish consumption rates. This survey found Columbia River tribal people eat significantly greater amounts of fish than the general population. A follow-up 2002 EPA fish contaminant study found toxics in fish that tribal people eat. Recent studies and monitoring programs have found significant levels of toxic chemicals in fish and the waters they inhabit, including DDT, PCBs, mercury, and emerging contaminants, such as PBDEs. EPA Region 10 is working closely with the States of Oregon, Washington, Idaho, Columbia Basin tribal governments, the Lower Columbia River Estuary Partnership, local govern- ments, citizen groups, industry, and other federal agencies to develop and implement a collaborative strategy to assess and reduce toxics in fish and water in the Columbia River Basin and to restore and protect habitat. The Lower Columbia River Estuary Partnership, one of EPA's National Estuary Programs, also plays a key role in address- ing toxics and restoration of critical wetlands in the Lower Columbia River estuary. Since 1996, EPA has provided significant financial support to the Lower Columbia River Estuary Partnership (LCREP). LCREP developed a manage- ment plan in 1999 that has served as a blueprint for estuary recovery efforts. The Lower Columbia River and estuary monitoring program, developed and overseen by LCREP, is critical for better understanding the lower river and estuary, including toxics and habitat characterization, information that is essential for Columbia River salmon restoration. Working with partners including LCREP, and the states of Washington and Oregon, EPA has established several goals for improving environmental conditions in the Columbia River basin by 2014: Protect, enhance, or restore 19,000 acres of wetland and upland habitat in the Lower Columbia River Estuary; Clean up 85 acres of known highly contaminated sedi- ments in the Portland Harbor and other sites; and Demonstrate a 10 percent reduction in mean concen- tration of certain contaminants of concern found in water and fish tissue in five sites where baseline data is available. Future Directions and Accomplishments Oregon, Washington, Idaho, Montana, Columbia Basin tribal governments, the Lower Columbia River Estuary Partnership, local governments, citizen groups, industry, and other federal agencies are actively engaged in efforts to remove contaminated sediments, bring back native anadro- mous fish, restore water quality, and preserve, protect, and restore habitat. To achieve this daunting task, EPA Region 10 is leading the Columbia River Toxics Reduction Strat- egy, a collaborative effort with many partners, to achieve these three goals and other actions to better understand and reduce toxics in the Columbia River Basin. The goal is to protect public health and the environment by reducing toxics in fish, water, and sediment of the Columbia River Basin and by developing and implementing a multi-agency monitoring and research strategy to understand toxic loads, emerging contaminants, and overall ecosystem health, and increase and expand toxic reduction actions, which include: The Columbia River Toxics Reduction Working Group has been convened as a collaborative watershed based group consisting of local communities, non-profits, tribal, state, and federal government agencies to develop and imple- ment an action plan for reducing toxics in the Columbia River Basin. EPA, with the Columbia River Toxics Reduction Working Group, completed a Columbia River Basin State of the River Report for Toxics, in January 2009. This report is a first attempt to understand and describe the current status and trends of toxics pollution and serve as a catalyst for a public dialogue on enhancing and accelerating actions to reduce toxics in the Columbia River Basin. EPA and the Columbia River Toxics Reduction Working Group are following up on the State of the River Report with a Columbia River Basin Action Plan expected to be final in May 2010, which will identify needed toxic reduc- tion and monitoring actions with current resources and proposed increased resources. EPA is holding workshops around the Basin to engage citizens; tribal, local state, and federal governments; industry; agriculture; and NGOs on toxics and toxics reductions in the Columbia River Basin. Four workshops have focused on agricultural successes and technology transfer; PCBs; and flame retardants, a growing concern in the Columbia River Basin. States and tribes are reducing toxics with regulatory tools: Water Quality Standards; water quality improve- ment plans (total maximum daily loads (TMDLs); and National Pollutant Discharge Elimination System (NPDES) permits. Currently EPA is working with the State of Oregon, and the Confederated Tribes of the Umatilla Indian National Water Program Guidance 46 Fiscal Year 2011 ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems San Francisco Bay Delta Estuary Reservation to collaboratively develop human health criteria that will increase protection for Oregon popu- lations who consume high amounts of fish, especially tribal fish consumers, expected to be final in 2011. These criteria will result in reduced toxics in point sources, nonpoint sources, hazardous waste clean ups, water qual- ity improvement plan (TMDL) implementation and other tools and will serve as a national and regional model for increased toxics reduction and human health protection. States, tribes, and local partners are improving farming practices; Oregon's Pesticide Stewardship Partnership Program in the Walla Walla Basin has shown a 70% decline in bioaccumulative organophospate pesticides in 2006- 2008 data. In May 2009, the Washington Department of Health lifted the Yakima River DDT fish advisory because of the success of collaborative efforts of the agricultural community, Washington Ecology, Yakima Indian Nation, and others to reduce soil erosion into the Yakima River. State and local governments are removing toxics from communities, including a Washington State 2007 PBDE ban; a 2009 Oregon State Deca-BDE ban; and mercury reduction strategies by Oregon, Idaho, and Nevada, to help communities reduce toxic chemical use and ensure proper disposal. Federal and state governments are cleaning up contami- nation at Portland Harbor, Hanford, Upper Columbia/ Lake Roosevelt, Bradford Island, Lake Coeur d'Alene, and other sites. C) Grant Program Resources EPA grant resources directly supporting this goal are limited to the National Estuary Program Grants under Section 320 of the Clean Water Act (approx. $500 K annually in recent years) which funds work only in the lower part of the Columbia River, which is less than 2% of the Columbia River Basin. A range of other water program grants also support many activities that assist in the achievement of this subob- jective. These include grants supporting Oregon, Idaho, and Washington state and tribal water quality programs. 10) San Francisco Bay Delta Estuary A) Protect and restore water quality and ecological health of the estuary through partnerships, interagency coordina- tion, and project grants in the San Francisco Bay. B) Key Program Strategies The San Francisco Bay Delta Estuary is the hub of the nation's largest water delivery system, providing drinking water to 25 million Californians. The ecosystem sustains about $400 billion of annual economic activity, including a $28 million agricultural industry and a robust set of recreational opportunities. Until recently, it has supported a thriving commercial and recreational fishing industry that normally contributes hundreds of millions of dollars annually to the State's economy. The Bay Delta is also home to 55 species of fish and 750 species of plants and wild- life. As a result of these oft-competing uses for water, and compounded by three years of drought, the entire Bay Delta system is in crisis. The federal government has recently re-committed to robust engagement on restoring the Bay-Delta ecosystem and addressing California's water needs. In 2009, EPA was one of six federal agencies who signed a Memorandum of Understanding and produced an Interim Action Plan describing a coordinated set of actions to restore the ecolog- ical health of the Bay-Delta ecosystem while providing for a high-quality, reliable, sustainable water supply for the State. Under the Action Plan, EPA has work underway to address critical water quality issues, including assessing the effec- tiveness of the current regulatory mechanisms to address the key water quality issues, developing a comprehensive regional water quality monitoring program, and integrating climate change into regional water management planning. In addition, EPA has critical work underway to address San Francisco Bay water quality issues. The San Francisco Bay Area population benefits from improved water quality in the Bay and its watersheds in the form of commercial enterprises, recreational opportunities, and its scenic value. It also collectively impacts the very same water quality. During the last three decades, there have been some notable successes in protecting San Francisco Bay. Efforts are still needed to reduce stormwater and nonpoint source pollution impacts, implement Bay, creek and river TMDLs (see http:// www.swrcb.ca.gov/sanfranciscobay/water_issues/programs/ TMDLs/), and protect and restore riparian, fioodplain, wet- land, and Bay habitat. Impacts associated with urbanization are increasingly important as resource managers strive to protect and restore healthy watersheds while local governments plan for 2 million more people by 2035. There is growing recognition that low impact development (LID) methods should become common practices as research has shown that impervi- ous surfaces have negative impacts on aquatic habitats by increasing stormwater which scours and delivers increased pollutant loads to local streams and rivers and changes the historic groundwater and surface water hydrology. Similarly, innovative practices need to be implemented to address water quality impacts associated with agricultural activities. Forecasted changes in climate further heighten the impor- tance of providing for the long-term resiliency and buffering capacity of the Bay and its watersheds. Since FY2008, work in San Francisco Bay has been sup- ported by congressional appropriations for a competitive grant program to support partnerships that protect and restore San Francisco Bay watersheds, the San Francisco National Water Program Guidance 47 Fiscal Year 2011 ------- Strategies to Improve the Health of Communities and Large Aquatic Ecosystems San Francisco Bay Delta Estuary Bay Water Quality Improvement Fund (SFBWQIF). EPA has prioritized activities to reduce polluted run-off from urban development and agriculture; implement TMDLs to restore impaired water quality; and protect and restore habitat including riparian corridors, floodplains, wetlands, and the Bay To date, EPA has awarded $16.7 million, leveraging an additional $11.7 million and involving nearly 40 partners in projects throughout the San Francisco Bay Area. The San Francisco Bay Delta Estuary Program is focused on using existing watershed plans, TMDLs, and related assess- ments to ensure that priority activities are implemented to improve water quality. Implementation projects funded by the SFBWQIF are also integrated with ongoing comprehen- sive water quality and land use management efforts such as the San Francisco Estuary Partnership's Comprehensive Conservation and Management Plan (CCMP), the Integrated Water Resource Management Program (IWRMP), and the SF Bay Regional Monitoring Program (RMP), as well as local general plans, stormwater management plans, and Total Maximum Daily Loads (TMDLs) Implementation Plans. The San Francisco Bay Delta Estuary is currently in the process of expanding their monitoring and reporting efforts and plan to develop performance measures for inclusion in the 2012 NPG. Key program strategies for FY 2011 include: Reducing polluted run-off from urban development and agriculture EPA will continue to work with state, regional and local agencies and other partners to enhance and implement watershed protection and restoration plans, land use and transportation plans, basin plans, stormwater controls and/or land development stan- dards to improve water quality. EPA will fund activities that develop and carry out laws, ordinances, and incentive programs to foster the systematic implementation of low impact develop- ment (LID) approaches and techniques for new and existing development. EPA will increase watershed data and information available to local decision-makers who write and implement laws, ordinances, and permits which impact water quality. Improve water quality in waterbodies with approved TMDLs Watershed-focused projects are being implemented under the SFBWQIF with FY2008, 2009, and 2010 funds. These projects address PCB and mercury sources to San Francisco Bay, and pathogen and sedi- ment reductions in Richardson Bay, Sonoma Creek and the Napa River. Improvements in water quality and local beneficial uses will be quantified, documented and evaluated as these local watershed protection and restoration plans are implemented. Protecting and restoring habitat including riparian cor- ridors, floodplains, wetlands, and the Bay Through the SFBWQIF, EPA will fund high priority habitat projects that maintain native vegetation and natural hydrology, and protect and restore wetland, riparian, and upland ecological processes to improve water quality. Improve monitoring of environmental results EPA will require watershed-based monitoring of grant-funded projects to monitor and assess condi- tions and trends of water quality and aquatic resources to provide documentation of ongoing environmental improvements. EPA will continue to work with other state and federal agencies to support the development of a comprehen- sive water quality monitoring and assessment pro- gram for the Delta and its tributaries. C) Grant Program Resources Historically, EPA grant resources directly supporting this goal have been limited primarily to the National Estuary Program grants under Section 320 of the Clean Water Act (approx. $500 K annually in recent years). More recently, the FY 2008, 2009, and 2010 appropriations bills included close to $17 million, collectively, for partnership grants to improve San Francisco Bay water quality. Proposals are solicited through an open competition, attempting to lever- age other funding and targeting the SFBWQIF's priority environmental issues, as follows: reducing polluted run-off from urban development and agriculture, implementing TMDLs to restore impaired water quality, and protecting and restoring habitat including riparian corridors, flood- plains, wetlands, and the Bay. There are currently no grant resources which specifically support the water quality issues beyond the immediate SF Bay, i.e., in the Delta and its tributaries. D) A Strategic Response to Climate Change Within the San Francisco Bay LAE, the San Francisco Estu- ary Partnership, the Bay Conservation and Development Commission, and EPA Global Change Research Program are working on a pilot project under the Climate Ready Estuaries Program to identify key vulnerabilities of the San Francisco Bay Delta Estuary to climate change. The assess- ment will take advantage of significant work that is already underway in the region, particularly on sea level rise, to support further analysis of climate drivers and ecosystem effects. For additional information, please visit http://www.sfestu- ary.org/projects/detail2.php?projectID=4. National Water Program Guidance 48 Fiscal Year 2011 ------- National Water Program and Grant Management System V. National Water Program and Grant Management System 1. National Water Program This National Water Program Guidance document describes the general approaches that EPA, in consultation with states and tribes, expects to be most effective in attaining the environmental and public health improvements identi- fied in the EPA 2006-2011 Strategic Plan and the proposed 2010-2015 Strategic Plan. This Guidance, however, is part of a larger, three part management process. Part 1: Complete National Water Program Guidance: During the fall of 2009, EPA reviewed program mea- sures and made improvements to many measures. Draft Guidance was issued in February 2010 and comments were due by April 2nd. EPA reviewed these comments and made changes and clarifications to measures and the text of the Guidance. A summary of responses to com- ments is provided on the Office of Water Strategic Plan Web site at (http: //www.epa -gov/wa ter/wa terpla n/). EPA regional offices provided regional targets in mid April. After discussion among headquarters and regional offices, national targets for FY 2010 were revised to reflect regional input (see Appendices A and F). Part 2: EPA Region/State/Tribe Consultation/Plan- ning: EPA regions will work with states and tribes to develop FY 2011 Performance Partnership Agreements or other grant workplans, including commitments to reporting key activities and, in some cases, commit- ments to specific FY 2011 program accomplishments (May through October of 2010). Part 3: Program Evaluation and Adaptive Man- agement: The National Water Program will evaluate program progress in 2011 and adapt water program management and priorities based on this assessment information. Parts 2 and 3 of this program management system are dis- cussed below. Key aspects of water program grant manage- ment are also addressed. A) EPA Region/State/Tribe Consultation/Planning (Step 2) 1) National Water Program Guidance Commitment Process EPA regional offices will work with states and tribes begin- ning in April of 2010 to develop agreements concerning program priorities and commitments for FY 2011 in the form of Performance Partnership Agreements or individual grant workplans. The National Water Program Guidance for FY 2011, including program strategies and FY 2011 targets, forms a foundation for this effort. The National Water Program Guidance for FY 2011 includes a minimum number of measures that address the critical program activities that are expected to contribute to attain- ment of long-term goals. Between FYs 2007 and 2008, the total number of water measures has been reduced and EPA has focused reporting on existing data systems where possible. Some of these Program Activity Measures track activities carried out by EPA while others address activities carried out by states and tribes (see Appendix A). In addi- tion, some of these measures include annual national "tar- gets" while others are intended to simply indicate change over time. During the Spring/Summer of 2010, EPA regions will work with states and tribes to agree on reporting for all the mea- sures in the FY 2011 Guidance, including both target and indicator measures. For the target measures, EPA regional offices will develop FY 2011 regional "commitments" based on their discussions with states and tribes and using the "targets" in the FY 2011 Guidance as a point of reference. Draft regional "commitments" are due July 9 and, after review and comment by National Program Managers, EPA regions are to finalize regional commitments by October 1. These final regional "commitments" are then summed to make the national commitment, and both the regional and national commitments are finalized the Agency's Annual Commitment System (ACS) by October 22, 2010. A key part of this process is discussion among EPA regions, states, and tribes of regional "commitments" and the devel- opment of binding performance partnership agreements or other grant workplan documents that establish reporting and performance agreements. The goal of this joint effort is to allocate available resources to those program activi- ties that are likely to result in the best progress toward accomplishing water quality and public health goals for that state/tribe (e.g., improved compliance with drinking water standards and improved water quality on a watershed basis). This process is intended to provide the flexibility for EPA regions to adjust their commitments based on rela- tive needs, priorities, and resources of states and tribes in the EPA region. Recognizing that rural communities face significant challenges in ensuring safe drinking water and protecting water quality, the National Water Program will focus on addressing rural communities' needs in discussions with states and work more collaboratively with rural com- munities and rural technical providers in 2011 in planning program activities for FY 2011. The tailored program "commitments" that result from this process define, along with this Guidance, the "strategy" for the National Water Program for FY 2011. As EPA regional offices work with states and tribes to develop FY 2011 commitments, there should also be discussion of initial expectations for progress under key measures in FY 2012. The Agency begins developing the National Water Program Guidance 49 Fiscal Year 2011 ------- National Water Program and Grant Management FY 2012 budget in the spring of 2010 and is required to provide initial estimates of FY 2012 progress for measures included in the budget in August of 2010. These estimates can be adjusted during the fall before they go into the final FY 2012 President's budget in January 2011. The Office of Water will consult with EPA regions in developing the initial FY 2012 budget measure targets in August 2010, and regions will be better able to comment on proposed initial targets if they have had preliminary discussions of FY 2012 progress with states and tribes. Regions should assume stable funding for the purposes of these discussions. 2) State Grant Results and Reporting In FY 2011, EPA remains committed to strengthening our oversight and reporting of results in state grants, not only linking state work plan commitments to EPA's Strategic Plan, but also enhancing transparency and accountability. EPA and states will continue working in FY 2011 to achieve this through two related efforts: State Grant Workplans. The Agency's long-term goal is for EPA and states to achieve greater consistency in work- plan formats. To achieve that goal, the Office of Grants and Debarment (OGD) will convene a State/EPA workgroup of grant practitioners to develop a menu of formats for EPA and states to use when negotiating workplans for the 14 identified categorical grant programs. In developing these formats, the workgroup will build upon the results of the FY 2009 State Grant Workplan Pilot. The formats will be available for use beginning with the FY 2011 grants cycle. In consultation with the practitioners workgroup and recognizing that the formats will need to be phased in over time, OGD will develop performance metrics to ensure that 100% of workplans under the 14 categorical grant programs use one of the approved formats by no later than the FY 2013 grants cycle. If a particular state agency has difficulties under state law in adopting one of the established formats, OGD will work with the affected EPA regional office and NPM to resolve the issue. Please contact Howard Corcoran, OARM/OGD, at 202-564-1903 should you have any questions. State Grant Performance Measures (formally known as State Grant Template Measures): The current set of measures flagged as State Grant Measures in ACS will be retained for FY 2011 reporting. As in FY 2010, the use of the template to capture results for these measures is not required. However, reporting on the results remains the responsibility of EPA regions and states. The Agency and members of ECOS have ongoing discussions as to whether there is utility in identifying a set of common measures that reflect the primary functional work areas under each of the 14 categorical grants. Issues that have been raised include how the Agency would capture and use these measures. In FY 2011, the Agency, in consultation with ECOS, will evalu- ate the workplan initiative discussed above and determine whether it sufficiently enhances transparency and account- ability such that developing a common set of measures is unnecessary. Please contact your State Grant Coordinator or Margo Padgett, OCFO/OPAA, at 202-564-1211 should you have any questions. For FY 2011, regions and states will continue to report performance results against the set of state grant measures into ACS. For a subset of the measures for which FY 2011 targets and commitments are established, EPA is asking that states and EPA regions provide the Office of Water with state specific results data at the end of FY 2011. These mea- sures are associated with some of the larger water program grants. The water grant programs and the FY 2011 "State Grant" measures supporting the grant are: a. Water Pollution Control State and Interstate Program Support (106 Grants). State Grant Measures: SP-10; WQ-la/b/c; WQ-3a; WQ-5; WQ-8b; WQ-14a; WQ-15a; WQ-19a. b. Public Water System Supervision (PWSS Grants State Grant Measures: 2.1.1; SP-1; SP-4a; and SDW-la. c. State Underground Water Source Protection (UIC Grants). State Grant Measures: SDW-7a/b/c. d. Beach Monitoring and Notification Program Implementation Grants. State Grant Measures: SP-9 and SS-2. e. Nonpoint Source Grants (319 Grants). State Grant Measure: WQ-10. 3) Use of the Exchange Network for Reporting Air Quality Monitoring Results In a July 2009 memorandum, EPA Administrator Jackson made enhanced use of the National Environmental Informa- tion Exchange Network a part of her strategic vision for the Agency. She wrote in response to a unanimous request from the Environmental Council of the States emerging from their spring 2009 meeting that she intends "the Agency to work with the states to set an aggressive timetable for completing the transition to the Exchange Network (EN) for regulatory and national system reporting". She directed the NPMs to work to achieve the vision of the Network as "the preferred way EPA, states, tribes, and others share and exchange data." She added "I look forward to reviewing our progress toward achieving this goal". OW places a high priority on increasing the use of the EN for the exchange of water related flows. In FY 2010, OW will examine the current processes for submitting water data, and will collaborate with OEI to identify and prioritize any critical technical obstacles that maybe impeding partner's use of water related flows. OW will work with OEI to address the prioritized impediments in FY 2011. National Water Program Guidance 50 Fiscal Year 2011 ------- National Water Program and Grant Management Regions working in partnership with the state programs should: Increase WQX submissions to at least 40 state submis- sions during 2011; Increase SDWIS submissions using the EN to 39 states by 2012; Encourage the use of the exchange network for submit- ting UIC data from 4 states to 10 states by 2011; and Increase the use of the eBeaches flow to 15 states by 2011 and 30 states by 2012. 4) Grant Guidances In addition to this National Water Program Guidance, sup- porting technical guidance is available in grant-specific guidance documents. The grant guidance documents will be available by April 2010 in most cases. For most grants, guidance for FY 2011 is being carried forward unchanged to FY 2011. Grant guidance documents can be found on the Internet at (http://www.epa.gov/water/waterplan/). More information about grant management and reporting requirements is provided at the end of this section. In addition for FY 2011, the grant guidance for the Water Pollution Control Grants from Section 106 of the Clean Water Act (Section 106 grants) is incorporated into this National Water Program Guidance. This was a pilot effort to gain efficiency in the issuance of the Section 106 Grant Guidance within the National Water Program Guidance. Text boxes with specific Section 106 guidance are incorporated within Section III, 1, B, 1 of this Guidance. Appendix E has additional information for states and the interstate agen- cies. The Tribal Program, Monitoring Initiative, and Water Pollution Enforcement Activities are not included in this pilot, and grantees should follow the specific, separate guid- ances for these programs. New for FY 2011, EPA is working to incorporate the grant guidance for the Public Water System Supervision (PWSS) and Underground Injection Control (UIC) grants within the Water Safe to Drink Subobjective to continue to pilot a more streamlined approach to issuing the grant guidance. B) Program Evaluation and Adaptive Management (Step 3) As the strategies and programs described in this Guid- ance are implemented during FY 2011, EPA, states, and tribes will evaluate progress toward water goals and work to improve program performance by refining strategic approaches or adjusting program emphases. The National Water Program will evaluate progress using four key tools: 1) National Water Program Best Practices and Mid- Year and End of Year Performance Reports The Office of Water will prepare a performance report for the National Water Program at the mid-point and the end of each fiscal year based on data provided by EPA headquarters program offices, EPA regions, states, and tribes. These reports will give program managers an integrated analysis of progress at the national level and in each EPA region with respect to environmental and public health goals identified in the Strategic Plan and program activity measures in the National Water Program Guidance; The reports will include performance highlights, man- agement challenges, and best practices. The Office of Water will maintain program performance records and identify long-term trends in program performance. In addition, the National Water Program Oversight Group will meet at mid-year and end of the year to discuss recent performance trends and results. 2) Senior Management Measures and Quarterly Program Update Meetings with the Deputy Administrator The Office of Water reports to the Deputy Administra- tor the results on a subset of the National Water Program Guidance measures on a quarterly basis. In addition, headquarters and regional senior managers are held accountable for a select group of the Guidance measures in their annual performance assessments. 3) HQ/Regional Dialogues Each year, the Office of Water will visit three EPA regional offices and Great Waterbody offices to conduct dialogues on program management and performance. These visits will include assessment of performance in the EPA regional office against objectives and sub- objectives in the Strategic Plan and annual state/tribal Program Activity Measure commitments. In addition, a key topic for the HQ/regional dialogues will be identification of program innovations or "best practices" developed by the EPA region, states, tribes, watershed organizations, and others. By highlighting best practices identified in HQ/region dialogues, these practices can be described in water program perfor- mance reports and more widely adopted throughout the country. 4) Program-Specific Evaluations In addition to looking at the performance of the National Water Program at the national level and per- formance in each EPA regional office, individual water programs will be evaluated periodically by EPA and by external parties. EPA program evaluations include Office of Water proj- ects selected by The Office of Policy, Economics, and Innovation's (OPEI) annual Program Evaluation Com- petition and reviews undertaken by the Evaluation and Accountability Team in the Office of Water. Program offices will provide continuing oversight and evaluation of state/tribal program implementation in key program areas (e.g., NPDES program). National Water Program Guidance 51 Fiscal Year 2011 ------- National Water Program and Grant Management In addition, the Office of Water expects that external par- ties will evaluate water programs, including projects con- ducted by the EPA Office of Inspector General (OIG), the Congressional Government Accountability Office (GAO), and projects by the National Academy of Sciences (NAS). Finally, improved program performance requires a com- mitment to both sustained program evaluation and to using program performance information to revise program management approaches. Some of the approaches the Office of Water will take to improve the linkage between program assessment and program management include: 1) Communicate Performance Information to Pro- gram Managers: The Office of Water will use perfor- mance information to provide mid-year and annual program briefings to the Deputy Assistant Administra- tor and senior HQ water program managers. 2) Communicate Performance Information to Con- gress and the Public: The Office of Water will use performance assessment reports and findings to com- municate program progress to other federal agencies, the Office of Management and Budget (OMB), the Congress, and the public. 3) Link to Budget and Workforce Plans: The Office of Water will use performance assessment information in formulation of the annual budget and in development of workforce plans. 4) Promote Wide Dissemination of Best Practices: The Office of Water will actively promote the wide appli- cation of best practices and related program manage- ment innovations identified as part of the End of the Year Performance Reports. 5) Expand Regional Office Participation in Pro- gram Assessment: The Office of Water will pro- mote expanded involvement of EPA regional offices in program assessments and implementation of the assessment process. This effort will include expanded participation of the Lead Region in program assessment processes. 6) Strengthen Program Performance Assessment in Personnel Evaluations: The Office of Water will include in EPA staff performance standards specific ref- erences that link the evaluation of staff, especially the Senior Executive Service Corps, to success in improving program performance. 7) Recognize Successes: In cases where program perfor- mance assessments have contributed to improved per- formance in environmental or program activity terms, the Office of Water will recognize these successes. By explaining and promoting cases of improved program performance, the organization builds confidence in the assessment process and reinforces the concept that improvements are attainable. 8) Strengthen Development of Future Strategic Plans: The Office of Water will use program assess- ments to improve future strategic plans and program measures. 9) Promote Effective Grants Management: The Office of Water will continue to actively promote effective grants management to improve program performance. The Agency has issued directives, policies, and guidance to help improve grants management. It is the policy of the Office of Water that all grants are to comply with applicable grants requirements (described in greater detail in the "National Water Program Grants Manage- ment for FY 2010" section), regardless of whether the program specific guidance document addresses the requirement. 10) Follow-up action plan for measure and program improvement: Individual program offices in the Office of Water may develop end of year action plan, if appro- priate, to address challenges to achieving progress and meeting measure commitments. 2. National Water Program Grants Management for FY 2011 The Office of Water places a high priority on effective grants management. The key areas to be emphasized as grant pro- grams are implemented are: Promoting competition to the maximum extent practicable; Monitoring assistance agreements and ensuring compli- ance with post-award management standards; Assuring that project officers and their supervisors adequately address grants management responsibilities; and Linking grants performance to the achievement of envi- ronmental results as laid out in the Agency's Strategic Plan and this National Water Program Guidance. A. Policy for Competition of Assistance Agreements The Office of Water strongly supports the Agency policy to promote competition to the maximum extent practicable in the award of assistance agreements. Project officers must comply with Agency policy concerning competition in the award of grants and cooperative agreements and ensure that the competitive process is fair and impartial, that all applicants are evaluated only on the criteria stated in the announcement, and that no applicant receives an unfair advantage. The Policy for Competition of Assistance Agreements, EPA Order 5700.5A1, effective January 15, 2005, applies to: (1) competitive announcements issued, released, or posted after January 14, 2005; (2) assistance agreement competi- tions, awards, and disputes based on competitive announce- ments issued, released, or posted after January 14, 2005; (3) non-competitive awards resulting from non-competitive funding recommendations submitted to a Grants Manage- ment Office after January 14, 2005; and (4) assistance agreement amendments issued after January 14, 2005. If program offices and regional offices choose to conduct competitions for awards under programs that are exempt National Water Program Guidance 52 Fiscal Year 2011 ------- National Water Program and Grant Management from the Competition Order, they must comply with the Order and any applicable guidance issued by the Grants Competition Advocate (GCA). This includes complying with the Office of Management and Budget (OMB) standard formatting requirements for federal agency announcements of funding opportunities and OMB requirements related to Grants.gov (http://www.grants.gov), which is the official federal government website where applicants can find and apply to funding opportunities from all federal grant-mak- ing agencies. On December 1, 2006 the Office of Grants and Debarment issued a memorandum describing the approval process for using State and Tribal Assistance Grants (STAG) funds to make non-competitive awards to state co-regulator orga- nizations using the co-regulator exception in the Competi- tion Order. The memorandum states that it is EPA policy to ensure that the head of the affected state agency or department (e.g., the State Environmental Commissioner or the head of the state public health or agricultural agency) is involved in this approval process. Accordingly, effective December 1, 2006, before redirecting STAG funds from a State Continuing Environmental Program (CEP) grant allot- ment for a non-competitive award to a state co-regulator organization, EPA must request and obtain the consent of the head of the affected state agency or department. B. Policy on Compliance Review and Monitoring The Office of Water is required to develop and carry out a post-award monitoring plan and conduct baseline monitor- ing for every award. EPA Order 5700.6A2, Policy on Com- pliance, Review and Monitoring, effective January 1, 2008 helps to ensure effective post-award oversight of recipient performance and management. The Order encompasses both the administrative and programmatic aspects of the Agency's financial assistance programs. From the program- matic standpoint, this monitoring should ensure satisfac- tion of five core areas: Compliance with all programmatic terms and conditions; Correlation of the recipient's work plan/application and actual progress under the award; Availability of funds to complete the project; Proper management of and accounting for equipment purchased under the award; and Compliance with all statutory and regulatory require- ments of the program. If during monitoring it is determined that there is reason to believe that the grantee has committed or commits fraud, waste and/or abuse, then the project officer must contact the Office of the Inspector General. Baseline monitoring activities must be documented in the Post-Award Database in the Integrated Grants Management System (IGMS). Advanced monitoring activities must be documented in the official grant file and the Grantee Compliance Database. C. Performance Standards for Grants Management Project officers of assistance agreements participate in a wide range of pre-and post-award activities. OGD issued Managers' Guidance for Assessing Grants Management and the Management of Interagency Agreements under the Performance Appraisal and Recognition System (PARS) on September 15, 2009 to be used for 2009 PARS appraisals of project officers who are managing at least one active grant dur- ing the rating period, and their supervisors/managers. The memo also provides guidance for the development of 2010 performance agreements. The Office of Water supports the requirement that project officers and their supervi- sors/managers assess grants management responsibilities through the Agency's PARS process. D. Environmental Results Under EPA Assistance Agreements EPA Order 5700.7, which went into effect in 2005, states that it is EPA policy to: Link proposed assistance agreements to the Agency's Strategic Plan; Ensure that outputs and outcomes are appropriately addressed in assistance agreement competitive funding announcements, work plans, and performance reports; and Consider how the results from completed assistance agreement projects contribute to the Agency's program- matic goals and responsibilities. The Order applies to all non-competitive funding pack- ages/funding recommendations submitted to Grants Management Offices after January 1, 2005, all competitive assistance agreements resulting from competitive funding announcements issued after January 1, 2005, and competi- tive funding announcements issued after January 1, 2005. Project officers must include in the Funding Recommenda- tion a description of how the project fits within the Agen- cy's Strategic Plan. The description must identify all appli- cable EPA strategic goal(s), objectives, and where available, subobjective(s), consistent with the appropriate Program Results Code(s). In addition, project officers must: Consider how the results from completed assistance agreement projects contribute to the Agency's program- matic goals and objectives; Ensure that well-defined outputs and outcomes are appropriately addressed in assistance agreement work plans, solicitations, and performance reports; and Certify/assure that they have reviewed the assistance agreement work plan and that the work plan contains outputs and outcomes. National Water Program Guidance 53 Fiscal Year 2011 ------- National Water Program and Environmental Justice VI.National Water Program and Environmental Justice The first Executive Order on Environmental Justice was signed by President Clinton 15 years ago. Since that time, EPA and its partners have made progress on identifying and addressing the health and environmental burdens faced by communities disproportionally impacted by pollution. 2010 ushered in a new era that raised the level of outreach and protection of historically underrepresented and vulnerable subpopulations to a top priority for all Agency activities. To undertake this top priority environmental justice principles must be included in our entire decision making processes. Expanding the conversation on environmentalism and working for environmental justice is a key priority for the Office of Water. In 2010, the Agency developed a work plan containing four overarching goals for consideration in program initiatives and activities that will benefit disproportionately burdened communities: Engage Communities in EPA decision-making and Enlist Partners to Meet Community Needs - Commu- nity outreach to minority, low-income, and other vulner- able populations should be a goal in all program activities. Support Community Efforts to Build, Healthy Sus- tainable and Green Neighborhoods - Greening and building sustainable communities is a goal for EPA, but the Agency should especially focus on historically over- burdened communities that will benefit tremendously from the green economy. Apply EPA's Regulatory Tools to Protect Vulnerable Communities - All programs should use their regulatory tools to enhance the quality of life in disproportionately burdened communities. Prioritizing disproportionately burdened communities should not create a new workload, rather it merely shifts the focus of our work. Strengthen Internal EPA Mechanisms to Integrate Environmental Justice - Integrate environmental justice in all Agency programs, policies, and activities by strengthening communications and training, instituting management and accountability measures, and fostering a diverse workforce. The National Water Program supports EJ in several key environmental and public health areas. The Office of Water will make the use of all tools it has at its disposaltechnical assistance, data, and initiatives, such as the Urban Waters Initiative, Community Action for a Renewed Environment (CARE), and grantsto link with EPA regional efforts that address the range of environmental issues facing their E J Showcase Community. 1. Environmental Justice in the EPA National Water Program The Office of Water places emphasis on achieving results in areas with potential environmental justice concerns through Water Safe to Drink (Sub-objective 2.1.1) and Fish and Shellfish Safe to Eat (Sub-objective 2.1.2), two of the eight national EJ priorities. In addition, the National Water Program places emphasis on other E J Water Related Elements: 1) Sustain and Restore the U.S.-Mexico Border Environmental Health (Subobjective 4.2.4); 2) Sustain and Restore Pacific Island Territories (Subobjective 4.2.5); and 3) Alaska Native Villages Program. This focus will result in improved environmental quality for all people, especially the unserved and underserved subpopulations living in areas with potential disproportionately high and adverse human health conditions. The Office of Water will explore ways to collaborate with the Office of Environmental Justice and other EPA offices on how to best develop climate change adaptation policies and strategies that pay closer attention to vulnerable populations. In order to advance environmental quality for communities with E J concerns, the Office of Water will address the E J considerations in drinking water and wastewater infrastruc- ture improvements to small and disadvantaged communi- ties. The Office of Water will also address the lack of access to safe drinking water and sanitation systems by tribes, islands, and small disadvantaged communities, as well as, reducing risk to exposure in contaminants in fish. The Office of Water also places emphasis on Community Action for a Renewed Environment (CARE) communities/projects that assess and address sources of water pollution. The Office of Water will begin serving as the lead for CARE which rotates leadership among EPA's four media programs every two years. Finally, the Office of Water places emphasis on help- ing communitiesespecially disadvantaged communities to access, restore and benefit their urban waters through the Urban Waters Initiative. 2. Environmental Justice and Water Safe to Drink The Office of Water will promote infrastructure improve- ments to small and disadvantaged communities through the Drinking Water State Revolving Fund (DWSRF) that reduce public exposure to contaminants through compliance with rules and supports the reliable delivery of safe water in small and disadvantaged communities, Tribal and territorial public water systems, schools, and child-care centers. To support better management of water systems on tribal lands, EPA will implement a Tribal operator certification program to provide Tribal water utility staff with drinking water operator certification opportunities. EPA will work National Water Program Guidance 54 Fiscal Year 2011 ------- National Water Program and Environmental Justice with its federal partners to improve access to safe drinking water for persons living on tribal lands. To maintain and improve water quality in rural America, EPA will continue its efforts to promote better management of water utilities through support of state capacity devel- opment and operator certification programs, and through initiatives on asset management, operator recruitment and retention, and water efficiency This also includes efforts to build a sustainable and green water sector workforce. EPA will continue to encourage states to refer drinking water systems to third party assistance providers, when needed. Third party assistance is provided through existing contractual agreements or by other state, federal, or non- profit entities. On October 10, 2007, EPA published the latest changes to the Lead and Copper Rule (LCR) which included significant improvements to the Public Education (PE) requirements. Drinking water systems must conduct PE when they have a lead action level exceedance. EPA made significant modi- fications to the content of the written public education materials (message content) and added a new set of delivery requirements. These revisions are intended to better ensure that at risk and under represented populations receive information quickly and are able to act to reduce their exposure. 3. Drinking Water on Tribal Lands The challenges associated with the provision of safe drink- ing water in Indian country are similar to challenges facing other small communities: a lack of financial, technical and managerial capacity to operate and maintain drinking water infrastructure. The magnitude of these challenges in Indian country is demonstrated by tribal water system compliance with health-based regulations and by the number of homes that lack access to safe drinking water in Indian country. In 2009,18.8% of the population in Indian country was served by community water systems in violation of EPA's health-based drinking water standards. In comparison; 7.9% of the entire U.S. population was served by commu- nity water systems in violation of these regulations. Additionally, 43,437 or 12.1% of the tribal homes tracked by the Indian Health Service were found to lack access to safe drinking water in 2009. This compares with the 0.6% of non-native homes in the United States that lack such infrastructure, as measured in 2005 by the U.S. Census Bureau. The EPA National Tribal Drinking Water Program will con- tinue to maintain its commitment to improve safe drink- ing water in Indian country by working with public water systems to maintain and improve compliance with the National Primary Drinking Water Regulations by target- ing infrastructure dollars and training. The EPA will also continue to work in partnership with the Indian Health Service, the Department of Agriculture, the Department of the Interior, and Housing and Urban Development through the Infrastructure Task Force (ITF) to increase access to safe water. The ITF is tasked with enhancing the coordination of federal tribal infrastructure funding and generating ways to improve and support tribal utility management in an effort to increase and maintain access to safe drinking water in Indian country. The Energy Independence and Security Act of 2007 includes a provision which provides new authority for EPA, in con- sultation with other federal agencies, to conduct a range of activities to promote healthy school environments. The Act requires EPA, in consultation with DoEd, DHHS, and other relevant agencies, to issue voluntary guidelines for states to use in developing and implementing an environmental health program for schools. The guidelines are to encompass a broad range of specific issues including lead in drinking water. 4. Environmental Justice and Fish and Shellfish Safe to Eat The Office of Water promotes contaminant monitoring, as well as risk communication to minority populations who may consume large amounts of fish and shellfish taken from polluted waters. Integration of public health advi- sory activities into the Water Quality Standards Program promotes environmental justice by ensuring that adviso- ries and minority population health risks are known when states make water quality standards attainment decisions, develop Total Maximum Daily Loads for impaired waters, and develop permits to control sources of pollution. The Office of Water will focus on activities encouraging states to assess fish and shellfish tissue for contaminants in waters used for fishing by minority and sensitive popula- tions, particularly those that catch fish for subsistence. Such populations may include women of child bearing age, chil- dren, African Americans, Asian Pacific Islanders, Hispanics, Native Americans, Native Hawaiians, and Alaska Natives. The Office of Water reaches these populations by dissemi- nating information in multiple languages to doctors, nurses, nurse practitioners, and midwives about reducing the risks of exposure to contaminants in fish and shellfish. The Office of Water maintains the National Fish Advisory Web site that includes the National Listing of Fish Advisories (includes both fish and shellfish advisories) and provides advice to health professionals and the public on preparing fish caught for recreation and subsistence. 5. Environmental Justice Water Related Elements The Community Action for a Renewed Environment (CARE) program is a community-based, multi-media collabora- tive Agency program designed to help local communi- ties address the cumulative risk of pollutant exposure. Through the CARE program, EPA programs work together to provide technical and financial assistance to communi- ties. This support helps them build partnerships and use National Water Program Guidance 55 Fiscal Year 2011 ------- National Water Program and Environmental Justice collaborative processes to select and implement actions to improve community health and the environment. CARE helps communities choose from the range of EPA programs designed to address community concerns and improve their effectiveness by working to integrate the programs to better meet the needs of communities. CARE benefits many com- munities, some of which are experiencing disproportionate adverse health and environmental impacts. The Office of Water will work with CARE communities/ projects to assess and address sources of water pollution, including the use of voluntary water pollution reduction programs in their communities, particularly those com- munities suffering disproportionately from environmental burdens. The CARE Program will continue to promote cross-media collaboration across the Agency. Regions will use cross-media teams to manage and implement CARE cooperative agreements in order to protect human health and protect and restore the environment at the local level. Regions also will identify experienced project officers/ leaders for each of the CARE projects and provide training and support as needed. In FY 2011, the lead coordination NPM for the CARE Program is OW, with OAR as co-lead. OPPTS and OSWER principals and staff continue to actively participate in this cross-Agency program, as do OE J and OCHP. The CARE Program and regions will ensure required reporting of progress and results in Quarterly and End of Year Reports and other efforts to aggregate program results on a national level. More program information is available at www.epa .gov/ CARE. In addition, EPA will continue to work with unserved and underserved communities in the U.S.-Mexico Border region and Pacific Islands to improve water infrastructure to increase access to safe drinking water and sanitation. The Office of Water will promote the protection of public health through the improvement of sanitation conditions in Alaska Native Villages and other small and disadvan- taged rural Alaska communities. EPA's Alaska Native Village Infrastructure program funds the development and con- struction of drinking water and wastewater infrastructure. As projects are completed, public exposure to contaminants is greatly reduced through the reliable delivery of safe drinking water in compliance with public health standards and the treatment of wastewater to meet environmental regulations. In addressing the challenges of climate Change, it is impor- tant to recognize that the impacts of climate change raise serious environmental justice issues. It is generally under- stood that the extent and nature of climate change impacts on populations will vary by region, the relative vulnerability of population groups, and society's ability to adapt to or cope with climate change. As emphasized in the Technical Support Document accompa- nying the Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act, "within settlements experiencing climate change, certain parts of the population may be especially vulnerable; these include the poor, the elderly, those already in poor health, the disabled, those living alone...and/or indigenous popula- tions." The Office of Water will work with program offices in EPA to address the issues facing E J communities regarding climate change 6. Achieving Results in the Environmental Justice Priorities The Office of Water will track these activities through the EJ Action Plan, Goal 2 Clean and Safe Water, Subobjective 2.1.1 (Water Safe to Drink) and Subobjective 2.1.2 (Fish and Shellfish Safe to Eat). For the EJ water related elements, the Office of Water will track activities through the E J Action Plan, Subobjective 4.2.4 (Sustain and Restore the U.S.- Mexico Border Environmental Health), Subobjective 4.2.5 (Sustain and Restore Pacific Island Territories), and perfor- mance measures for the Alaska Native Villages Program. To document the environmental and human health improvements achieved in areas with potential environ- mental justice concerns, the Office of Water will continue to develop specific performance measures for activities identi- fied in its EJ Action Plan. These performance measures will assist managers to fully integrate environmental justice principles into all decision making, policies, programs, and activities. National Water Program Guidance 56 Fiscal Year 2011 ------- National Water Program and Children's Health VII. National Water Program and Children's Health It is important that children's environmental health be an intrinsic part of decision-making at every level of the Agency. EPA must build on existing activities and accomplishments so that children's health protection is not just a consider- ation in Agency decision-making, but a driving force in decisions. EPA must use a variety of approaches to protect chil- dren from environmental health hazards, including regulation, implementation of community-based programs, research, and outreach. At the same time, EPA must periodically evaluate performance to ensure that progress is being made towards this goal. EPA regions, states, and tribes should identify and assess environmental health risks that may disproportionately affect children throughout their life stages, including fetal development, infancy, childhood, and adolescence. Regional programs must ensure that policies, programs, activities, and standards address disproportionate risks to children. Each region supports a Children's Health Coordinator who serves as a resource within the region to assist offices and divisions with children's environmental health programs and planning. The regional Children's Health Coordinator is also a liaison between the region and the Office of Chil- dren's Health Protection and Environmental Education at headquarters. Actions regions can take in FY 2011 to expand efforts to protect children's environmental health include: Reviewing existing ACS measures that are specific to or refer to children's health to determine if they can better report outcomes and results in children's environmental health for inclusion in future planning and reporting; Formulating discussions and agenda topics on children's health outcomes for EPA programs in national meetings, such as division directors meetings; Implementing the Agency's Children's Environmental Health Guidance for Human Health Risk Assessments (http://epa.gov/risk/guidance.htm); Sponsoring joint meetings with counterparts in state environmental departments and health departments to facilitate coordinated actions to better protect children's environmental health; and Developing region-wide strategies to focus on addressing critical children's health issues within each region. Schools and day care centers are a critical subset of small systems for which EPA is also continuing to provide special emphasis in FY 2011 to ensure that children receive water that is safe to drink. The National Water Program has devel- oped a separate indicator for schools and day care centers meeting health-based standards in order to track progress in this area. National Water Program Guidance 57 Fiscal Year 2011 ------- National Water Program and the Urban Waters Initiative VIII. National Water Program and the Urban Waters Initiative Urban environments, particularly in disadvantaged communities, are dominated by impervious surfaces, industrial facilities, and abandoned or vacant, often contaminated lands. These characteristics, in combination with insufficient storm water infrastructure, generate excess runoff that transports garbage, fertilizers, pesticides, and hazardous wastes into the local bodies of water and contribute to combined sewer overflows. In addition, pollution may be introduced to local water bodies from any existing operating facilities. Years of contamination create legacy pollutant issues, public and environmental health hazards, and cases of environmental injustice. Urban populations are often denied access to the water and do not reap the potential economic, social, and environmental benefits of the resource. Furthermore, historic urban patterns of development often isolated communities from their waters. In March 2009, in response to a charge from EPA Admin- istrator Lisa Jackson, EPA's Office of Water, Office of Solid Waste and Emergency Response, and Office of Environmen- tal Justice began to develop a new Urban Waters initiative to address these issues. This initiative falls within the Com- munity Water Priorities and Healthy Communities initia- tives at EPA. The goal of the Urban Waters initiative is to help commu- nities - particularly disadvantaged communities - access, restore, and benefit from their urban waters and the sur- rounding land. By promoting public access to urban waters, EPA will help communities become active participants in the enjoyment, restoration, and protection of these urban waters. By linking water to other community priorities, EPA will help make the condition of these waters more relevant to nearby communities and help to sustain their involvement over the time horizon needed for water quality improvement. In April and May 2009, during outreach to those working in and with urban communities, EPA heard from organizations and individuals who have successfully mobilized to address these issues. These stakeholders indicated that important factors in that success were: engagement of nearby resi- dents, especially youth; robust partnerships; strong commu- nity-based organizations; active and informed local gov- ernment officials; effective education and communication; economic incentives; and early, visible victories that fueled sustained action. It was also clear from these sessions, that stakeholders want federal agencies to better coordinate their support to communities and that they are seeking technical assistance and information to assist them in mak- ing more informed choices and in influencing local decisions about their waters and the surrounding land. In response to key stakeholder feedback, EPA will: lead a federal interagency working group to improve communities' access to resources; convene national and regional forums with state, tribal and local agencies, centers of learning, pri- vate sector and non-governmental organizations; and coor- dinate support to on-the-ground projects. EPA will develop new Web 2.0 tools for community-to-community knowl- edge sharing; conduct outreach to non-digital audiences; and provide technical assistance to support communities in being informed participants in local decision-making. State, tribal, and local government agencies are encouraged to build on their existing partnerships and develop new partnerships with non-profits, private sector, academia and community groups, especially those addressing environ- mental justice to undertake activities that: Promote equitable and safe public access to urban water- ways and equitable development of waterfronts; Improve the appearance, odor, health, and quality of the water for uses including recreation, fishing, swimming and drinking water sources; and Improve the perception of the potential value of these waters and encourage community involvement in their restoration and improvement by reframing water as rele- vant to community priorities, such as education, employ- ment, recreation, safety, health, housing, transportation, and livability. Areas of activity may include green infrastructure, source water protection, water sector workforce development, watershed planning, land revitalization, monitoring and assessment, fish advisories, and beach monitoring and notification. EPA's current work in the Chesapeake Bay, Great Lakes, National Estuary Program, and Large Aquatic Ecosystem programs may offer additional place-based opportunities to engage urban communities. National Water Program Guidance 58 Fiscal Year 2011 ------- National Water Program and Climate Change IX. National Water Program and Climate Change In March 2007, the National Water Program Climate Change Workgroup formed to assess the implications of climate change for the National Water Program. This coordinated effort resulted in the September 2008 publication of the National Water Program Strategy: Response to Climate Change (Strategy). The Strategy describes the impacts of climate change (e.g. warming water temperatures, changes in rainfall amounts and intensity, and sea level rise) and their implica- tions for EPA's clean water and drinking water programs (please see www.epa.gov/water/climatechange/strategy.html). Forty-four specific "key actions," identified in the Strategy, lay the foundation for adapting water programs to a changing climate. Most of these actions address adapting to climate change impacts, while others address opportunities for miti- gating release of greenhouse gases, improving research of cli- mate change and water issues, and educating water program professionals about climate change challenges. Highlights of Climate Change activities in the National Water Program Greenhouse Gas Mitigation - Water programs at EPA have been working to help control greenhouse gas emis- sions by focusing on improving energy efficiency at drink- ing water and wastewater utilities, reducing water use through the WaterSense program, and improving man- agement of stormwater flows and urban design through the Green Infrastructure and Green Buildings programs. In addition, the EPA Underground Injection Control Program is developing a rule to protect groundwater sup- plies that could be affected by geological sequestration of carbon dioxide. Resiliency - To improve resilience and readiness to adapt to the impacts of climate change, the EPA Office of Water and the EPA Office of Air and Radiation have worked together to develop the Climate Ready Estuaries program. The National Water Program has also formed a work- ing group under the National Drinking Water Advisory Council to evaluate the concept of "Climate Ready Water Utilities" and provide findings and recommendations on the development of an effective program that will enable water and wastewater utilities to develop and implement long-range plans that account for climate change impacts. Water Program Adaptation - Climate change is being incorporated into the base programs of the Clean Water Act and Safe Drinking Water Act as relevance and resources allow. For example, guidance has been issued clarifying the use of the State Revolving Funds for climate change mitiga- tion and adaptation. The National Water Program is evalu- ating criteria for sedimentation and velocity because of the prospect of projected increased intensity of precipitation. In addition, the National Pollutant Discharge Elimination System (NPDES) permitting program has reviewed flex- ibilities and tools within the program to identify guidance and information needed to help permit writers consider climate change. Next Steps The 2008 Strategy covers actions implemented in 2008 and 2009. During 2010, EPA is working to update the key actions to be undertaken through 2011. The structure of the 2008 Strategy will be retained with key actions addressing mitiga- tion, adaptation, education, research, and program manage- ment. These actions will continue to develop the ability of the National Water Program to address the challenges posed by climate change. During 2011, EPA will work with stakehold- ers to develop a new, revised strategy for publication in 2012 that lays out long-term goals under future climate scenarios. The National Water Program's goals for climate change related work include: Continue implementation of updated key actions through 2011; Revise and update the Strategy for 2012 with long-term goals and actions; Work closely with states, tribes and other stakeholders to enhance communication and collaboration and build new programs to address adaptation challenges; Expand cooperation on climate change issues with other federal agencies involved in water management through multi-agency workgroups; Ensure continuation of integrated water and climate change research programs among EPA, other federal agencies, water research foundations, and other inter- ested parties; and Continue to reach out to water program managers, stakeholders, and the public to build awareness, increase knowledge, and share lessons learned to expand the national capacity to address climate change. Water managers are encouraged to evaluate opportunities to address climate change within their own water programs by identifying ways to mitigate greenhouse gas emissions and to adapt to long-term vulnerabilities. Climate change adds addi- tional reasons to evaluate options for conserving water, reduc- ing energy use, adopting green infrastructure and watershed- based practices, and improving the resilience of watersheds and estuaries. Federal interagency partnerships are being strengthened to help states evaluate local impacts and develop integrated response strategies. Over the next several years, more tools and information will support and help planners and decision makers to address this important challenge. National Water Program Guidance 59 Fiscal Year 2011 ------- ------- ------- United States Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. 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