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Welcome to Water Online's review of the latest U.S. Environmental Protection Agency (EPA) regulations, resources, and activities related to the water, wastewater, and stormwater industries. EPA offices and programs covered in this installment are listed below. Click on an office or program name to go directly to that section of the article.

• Office of Water (OW)
  • EPA Proposes Standards To Protect Florida's Waters
  • EPA Announces More Than $9 Million In Beach Grants To Help Protect Swimmers
  • EPA To Initiate Rulemaking On Stormwater, CAFOs To Reduce Water Pollution, Backstop States In Chesapeake Bay Watershed
  • EPA Makes Announcement On Two Proposed West Virginia Mountaintop Coal Mines
  • 2009 Draft Ammonia Criteria Update
• National Risk Management Research Laboratory (NRMRL)
  • Upcoming Seminar On Nutrient Control At Municipal Wastewater Treatment Plants
  • Watershed Central: A New Interactive Management Tool
• Environmental Technology Verification (ETV) Program
  • ETV Verified Technologies
  • Vendor Solicitations
  • Upcoming Conferences and Meetings
• Other EPA News
  • EPA Increases Transparency On Chemical Risk Information
  • EPA Announces 4th Annual Rachel Carson Contest
  • In Renewed Effort On Environmental Justice, EPA To Assess Impacts Of Waste Rule On Disadvantaged Communities
  • MEMORANDUM From Lisa P. Jackson, Administrator To All EPA Employees

Office of Water (OW)

EPA Proposes Standards To Protect Florida's Waters: Action Would Decrease Amount Of Phosphorus And Nitrogen Pollution 
The U.S. Environmental Protection Agency (EPA) is proposing water quality standards to protect people's health, aquatic life and the long term recreational uses of Florida's waters, which are a critical part of the state's economy. In 2009, EPA entered into a consent decree with the Florida Wildlife Federation to propose limits to this pollution. The proposed action, released for public comment and developed in collaboration with the state, would set a series of numeric limits on the amount of phosphorus and nitrogen, also known as "nutrients," that would be allowed in Florida's lakes, rivers, streams, springs and canals. 

Nutrient pollution can damage drinking water sources; increase exposure to harmful algal blooms, which are made of toxic microbes that can cause damage to the nervous system or even death; and form byproducts in drinking water from disinfection chemicals, some of which have been linked with serious human illnesses like bladder cancer. Phosphorus and nitrogen pollution come from stormwater runoff, municipal wastewater treatment, fertilization of crops and livestock manure. Nitrogen also forms from the burning of fossil fuels, like gasoline. 

"Florida has led the way with rigorous scientific analysis and data collection needed to address nutrient pollution. By relying on the best science, we can set standards that protect people's health and preserve waterbodies used for drinking, swimming, fishing and tourism," said Peter S. Silva, assistant administrator for EPA's Office of Water. "New water quality standards, developed in collaboration with the state, will help protect and restore inland waters that are a critical part of Florida's history, culture and economic prosperity." 

Nutrient problems can happen locally or much further downstream, leading to degraded lakes, reservoirs, and estuaries, and to hypoxic "dead" zones where aquatic life can no longer survive. High amounts of nitrogen and phosphorus in surface water result in harmful algal blooms, dead fish, reduced mating grounds and nursery habitats for fish. 

A 2008 Florida Department of Environmental Protection report assessing water quality for Florida revealed that approximately 1,000 miles of rivers and streams, 350,000 acres of lakes and 900 square miles of estuaries are not meeting the state's water quality standards because of excess nutrients. These represent approximately 16 percent of Florida's assessed river and stream miles, 36 percent of assessed lake acres and 25 percent of assessed estuary square miles. The actual number of miles and acres of waters impaired for nutrients is likely higher, as there are waters that have not yet been assessed. 

The proposed action that was announced also introduces and seeks comment on a new regulatory process for setting standards in a manner that drives water quality improvements in already impaired waters. The proposed new regulatory provision, called restoration standards, would be specific to nutrients in the state of Florida. 

In August 2009, EPA entered into a consent decree with Florida Wildlife Federation, committing to propose numeric nutrient standards for lakes and flowing waters in Florida by January 2010, and for Florida's estuarine and coastal waters by January 2011. These dates are consistent with those outlined in EPA's January 14, 2009 determination under the Clean Water Act that numeric nutrient standards are needed in Florida. EPA also agreed to establish final standards by October 2010 for lakes and flowing waters and by October 2011 for estuarine and coastal waters. 

EPA will accept public comments on the proposed standards for 60 days following publication in the Federal Register. EPA will also hold three public hearings on the proposed rule in Florida to obtain input and comments on the direction of EPA's rulemaking. These hearings are scheduled for February 16, 17 and 18, 2010 in Tallahassee, Orlando, and West Palm Beach, respectively. 

More on the proposed rule and public hearings: 
http://www.epa.gov/waterscience/standards/rules/florida/

EPA Announces More Than $9 Million In Beach Grants To Help Protect Swimmers
The U.S. Environmental Protection Agency (EPA) is making almost $10 million in grants available to 37 eligible coastal and Great Lakes states, territories and tribes to monitor beach water quality and notify the public of conditions that may be unsafe for swimming. 

This marks the 10th year that EPA provides beach grant funds, with more than $90 million awarded to states, territories, and tribes since 2001. The 2010 grants continue to build upon efforts by EPA and the states to provide consistent public health protection and up-to-date public information about local beach conditions. The beach grants have also enabled states and territories to more than double the number of beaches at which they monitor water quality since 2003. Increased public information about beach water quality also serves as a motivator for beach communities to identify sources of contamination and to take corrective action.

The funds are made available under the Beaches Environmental Assessment and Coastal Health (BEACH) Act of 2000. EPA estimates that one-third of all Americans visit coastal areas each year, making a total of 910 million trips while spending more than $40 billion annually. EPA also estimates that coastal recreation and the related tourism industry together serve 180 million Americans, support more than 28 million jobs and generate billions of dollars in goods and services each year. 

While EPA's BEACH Act grants are a cornerstone of federal efforts to develop strong state beach protection programs, the Agency is also focusing on developing new technologies to more quickly identify bacterial contamination at our nation's beaches. Numerous state-of-the-art detection methods and results from scientific research studies are currently being evaluated. 

More information: http://www.epa.gov/waterscience/beaches/grants/

EPA To Initiate Rulemaking On Stormwater, CAFOs To Reduce Water Pollution, Backstop States In Chesapeake Bay Watershed
The U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson announced that EPA is initiating new federal rulemaking on stormwater and concentrated animal feeding operations (CAFOs) to reduce water pollution in the Chesapeake Bay watershed. Today's action complements ongoing work by EPA and the states to strengthen regulatory controls on major sources of pollutants consistent with shared commitments to implement the Chesapeake Bay Total Maximum Daily Load, the limit on the amount of pollution that can flow into the Bay and its tidal creeks and rivers.

EPA is taking this action to improve performance standards for controlling pollutant runoff from urban, suburban and agricultural lands. EPA prefers to work closely with the six states in the Bay watershed and the District of Columbia to establish stronger state programs for stormwater and CAFOs to meet the pollutant reductions necessary to achieve the objectives of the "total maximum daily load" (TMDL) being developed for the Chesapeake Bay. To assist the states with permitting, enforcement and other key regulatory activities, EPA will provide an additional $11.2 million for 2010, which more than doubles 2009 funding levels. 

EPA's regulatory initiatives for the Chesapeake Bay watershed include three major components, each of which include mechanisms to encourage and support alternative state regulatory actions:

Stormwater: EPA will initiate national rulemaking to control pollution from newly developed and redeveloped sites, while considering options for going beyond national requirements in the Chesapeake Bay watershed. EPA will consider more stringent elements such as more extensively redefining municipal separate storm sewer system (MS4), establishing more stringent stormwater retention requirements for newly developed and redeveloped sites, and applying these requirements to smaller sites. EPA intends to propose the rule and to take final action no later than November 2012.

Concentrated Animal Feeding Operations: EPA will propose regulations for CAFOs to more effectively address pollutant reductions necessary to achieve the objectives of the TMDL for the Chesapeake Bay. The rulemaking will consider expanding the universe of CAFOs and requiring more stringent permit standards to control nutrients. Options for streamlining the designation process and improving off-site manure management may also be considered for the Chesapeake Bay or nationally. EPA intends to propose its rule in 2012 and to take final action by late 2013.

Offsets: EPA will initiate rule-making to support implementation of an offsets program for the Bay. The program will provide options for offsetting pollution loads from new or expanding sources under the TMDL which will be adopted by December 2010. 

EPA is committed to working with the states, local governments, the public and those in the regulated community when developing these new requirements and will use the time afforded by the public process to reach out and engage these and other stakeholders.

EPA Makes Announcement On Two Proposed West Virginia Mountaintop Coal Mines
On January 5, the U.S. Environmental Protection Agency (EPA) announced a path forward on two coal mining operations in West Virginia. 

EPA is informing the U.S. Army Corps of Engineers that it supports issuing a Clean Water Act permit for the Hobet 45 mine in Lincoln County, operated by Hobet Mining, LLC. EPA made this decision after extensive discussions between EPA and the company resulted in additional significant protections against environmental impacts. 

In a second action, the Federal District Court in Southern West Virginia will extend the court-established deadline to respond to the company's earlier request to end the litigation on the proposed Spruce No. 1 mine in Logan County. EPA and the mining operator, Mingo Logan Mining Company, a subsidiary of Arch Coal, agreed to ask for the extension in order to continue discussions to determine if a revised mining plan can be developed that will comply with the Clean Water Act. After close study, EPA determined that the proposed mine raised significant environmental and water quality concerns. 

EPA's request to extend the court deadline for the Spruce No. 1 mine will allow EPA, the mining company, and the Corps to continue their coordination until early March 2010. In the meantime, no additional mining operations may occur at the site until EPA determines the project complies with the Clean Water Act. If an agreement with the company can not be reached, EPA may take the next step in the process to prohibit or restrict mining activity under section 404(c) of the Clean Water Act. 

More information on the Hobet letter: http://www.epa.gov/owow/wetlands/pdf/Hobet_Jan_5_2010_letter.pdf 

Link to the EPA press release: http://yosemite.epa.gov/opa/admpress.nsf/0/84636183A97CED24852576A20069961A

2009 Draft Ammonia Criteria Update
On December 30, 2009, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a Draft Update of the 1999 Ambient Water Quality Criteria for Ammonia – Freshwater which reflects new scientific knowledge. Ammonia is toxic to aquatic life at low concentrations. EPA has incorporated in the draft criteria dataset new toxicity data on larval and juvenile freshwater mussels, which are more sensitive than the aquatic organisms represented in the dataset for the 1999 ammonia criteria. 

Since freshwater mussels are not present nationwide in all waters, EPA is recommending in the draft criteria update a short-term (acute) criterion for waters with mussels present, and another criterion for waters without mussels. Similarly, the recommended long-term (chronic) criterion includes one value applied to waters with mussels, another criterion to apply to waters without mussels, and a third chronic criterion value to apply to waters without mussels but with early life stages of fish present. 

EPA is accepting scientific views on the draft updated criteria document for 60 days from Federal Register publication. For more information visit: www.epa.gov/waterscience/criteria/ammonia/factsheet2.html

For more information on the EPA Office of Water, visit www.epa.gov/ow.

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National Risk Management Research Laboratory (NRMRL)

Watershed Central: A New Interactive Management Tool
EPA recently launched a new web site called "Watershed Central" to help watershed organizations and other stakeholders find key information they need to implement watershed management decisions. The Watershed Central site includes guidance, tools, case studies, and data resources that integrate EPA programs to help users share information, analyze data, and initiate, or strengthen their own watershed efforts.

Watershed Central was developed to bridge the gap between user needs and the variety of resources offered by EPA and other groups. The result is an interactive web-based resource that helps users locate the information they need, including environmental data, watershed models, guidance documents, nearby local organizations, technical resources, and funding. A unique feature of Watershed Central is the "Watershed Central Wiki" — similar to Wikipedia — which allows registered users to submit case studies, tools, local approaches to watershed management, lessons learned, and success stories. To ensure that user needs are met and information is up-to-date, three teams were established — a Content Team, a User Team and an Information Technology (IT) Team. Team members and participants are solicited from within and outside EPA. In addition, as a feedback mechanism, EPA has sponsored regional workshops where participants are introduced to Watershed Central and encouraged to collaborate on improving the information it contains. The Watershed Central teams and other participants utilize the wiki site as a forum for discussing and vetting information for inclusion on the Watershed Central public web site. 

Watershed Central is a cooperative development effort among EPA's Office of Research and Development (National Risk Management Research Laboratory), Office of Water (Office of Wetlands, Oceans and Watersheds), and Office of Environmental Information. This growing and changing program is part of EPA's ongoing commitment to the protection of human health and the environment. 

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Environmental Technology Verification (ETV) Program

ETV Verified Technologies
The ETV Program has verified the performance of 421 innovative environmental technologies that can be used to monitor, prevent, control, and clean up pollution. For a full list of ETV verifications, visit http://www.epa.gov/etv/verifiedtechnologies.html.

Vendor Solicitations
ETV centers issue periodic solicitations for vendors and collaborators interested in verification. For a list of active ETV vendor solicitations, please visit www.epa.gov/etv/vendorswanted.html, or contact the appropriate ETV center (see www.epa.gov/etv/contacts.html).

Upcoming Conferences and Meetings

• March 15-18, 2010 – The 20th Annual Association of Environmental Health and Sciences (AEHS) Meeting and International Conference on Soils, Sediments, Water, and Energy will be held in San Diego, CA. This conference provides a forum for the environmental science community to exchange information on technological advances, new scientific achievements, and the effectiveness of standing environmental regulation programs. Heather Rectanus, Battelle, will represent the ETV Materials Management and Remediation Center and will present, "Technology Performance Verification Testing through the U.S. EPA Environmental Technology Verification Program." For more information, visit http://www.aehs.com/conferences/westcoast/index.htm.

For more information on the ETV, visit www.epa.gov/etv.

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Other EPA News

EPA Increases Transparency On Chemical Risk Information
As part of Administrator Lisa P. Jackson's commitment to strengthen and reform chemical management, the U.S. Environmental Protection Agency (EPA) announced a new policy to increase the public's access to information on chemicals. Starting today, EPA has announced its intention to reject a certain type of confidentiality claim, known as Confidential Business Information (CBI), on the identity of chemicals. The chemicals that will be affected by this action are those that are submitted to EPA with studies that show a substantial risk to people's health and the environment and have been previously disclosed on the Toxic Substances Control Act (TSCA) Chemical Inventory. This action represents another step to use the agency's authority under the existing TSCA to the fullest extent possible, recognizing EPA's strong belief that the 1976 law is both outdated and in need of reform. 

"Assuring the safety of chemicals is one of Administrator Jackson's top priorities for EPA's future," said Steve Owens, assistant administrator for EPA's Office of Prevention, Pesticides and Toxic Substances. "The American people are entitled to transparent, accessible information on chemicals that may pose a risk to their health or the environment. We will continue taking steps that increase transparency and assure the safety of chemicals in our products, our environment and our bodies." 

Under TSCA, companies may claim a range of sensitive, proprietary information as CBI. Under Section 8(e) of TSCA, companies that manufacture, process, or distribute chemicals are required to immediately provide notice to EPA if they learn that a chemical presents a substantial risk of injury to health or the environment. The Section 8(e) reports are made available on EPA's Web site. However, until today, companies would routinely claim confidentiality for the actual identity of the chemical covered by the Section 8(e) submission, so the public posting of the information would not include the name of the chemical. The new policy announced today ends this practice for chemicals on the public portion of the TSCA Inventory. This new policy will increase the amount of information available by granting the public access to the chemical identification information submitted, along with other health and safety data under Section 8(e). 

In the coming months, EPA intends to announce additional steps to further increase transparency of chemical information. 

EPA's new policy on TSCA Section 8(e) submissions is being published in the Federal Register. 

More information on the new policy: http://www.epa.gov/oppt/tsca8e/ 

More information on EPA's principles for comprehensive TSCA reform: http://www.epa.gov/oppt/existingchemicals/pubs/principles.html

EPA Announces 4th Annual Rachel Carson Contest
The U.S. Environmental Protection Agency (EPA) invites the public to submit creative projects to the 4th annual Rachel Carson intergenerational "Sense of Wonder" contest. The categories are poetry, photography, essays and dance. The contest seeks to instill a sense of wonder for the environment among all generations and spur environmental stewardship. 

Carson is considered to be the founder of the contemporary environmental movement through her landmark book, Silent Spring. Its publication is credited with reversing the nation's pesticide policy. 

Entries must be from a team of two or more persons from both younger and older generations. EPA is working with the Liz Lerman Dance Exchange, the Rachel Carson Council, Inc., and Generations United to sponsor this contest. 

The deadline for team entries is June 16, 2010. The winners will be announced in October 2010. The public will have the opportunity to vote among the finalists for the winners in each category. 

More information: http://www.epa.gov/aging/resources/thesenseofwonder/index.htm

In Renewed Effort On Environmental Justice, EPA To Assess Impacts Of Waste Rule On Disadvantaged Communities
Consistent with EPA Administrator Lisa P. Jackson's commitment to reach out to communities historically underrepresented in EPA decision-making, the agency is requesting public input on a draft plan for assessing the potential impacts of its hazardous waste recycling rule on low-income, minority and tribal populations. To encourage safe recycling and to help conserve natural resources, EPA's Definition of Solid Waste (DSW) rule published in October of 2008, modified the regulations for hazardous materials that are recycled, also known as hazardous secondary materials. EPA is reaching out to stakeholders, including the environmental justice community, requesting public comment before the analysis begins. 

"This week Administrator Jackson named environmental justice as one of her top priorities for EPA," said Mathy Stanislaus, assistant administrator for EPA's Office of Solid Waste and Emergency Response. "This draft plan is one example of how EPA is bringing historically underrepresented communities into this process and giving everyone a seat at the decision making table." 

EPA's goal is to ensure these materials are safely managed and the results of the evaluation will be used to decide whether additional action is necessary. Lessons learned from the analysis of the DSW rule will also be used to inform EPA's ongoing effort to strengthen the consideration of environmental justice in rulemakings. 

EPA will discuss the draft methodology with the National Environmental Justice Advisory Council (NEJAC) at its national public meeting and host a roundtable to gain public input on the draft methodology. Both meetings are scheduled to be held on January 28, 2010, in New Orleans, La. 

A second public roundtable meeting will be held on February 23, 2010 at EPA's Potomac Yard Conference Center in Arlington, Va., and an online public roundtable will be held on February 25, 2010. The public may also submit written comments on the draft methodology until March 15, 2010. 

More information: http://www.epa.gov/epawaste/hazard/dsw/ej.htm

MEMORANDUM From Lisa P. Jackson, Administrator To All EPA Employees
Colleagues: 

Almost one year ago, I began my work as Administrator. It has been a deeply fulfilling 12 months and a wonderful homecoming for me. As our first year together draws to a close, we must now look to the tasks ahead. 

In my First Day Memo, I outlined five priorities for my time as Administrator. We have made enormous strides on all five, and our achievements reflect your hard work and dedication. By working with our senior policy team, listening to your input and learning from the experiences of the last 12 months, we have strengthened our focus and expanded the list of priorities. Listed below are seven key themes to focus the work of our agency. 

Taking Action on Climate Change: 2009 saw historic progress in the fight against climate change, with a range of greenhouse gas reduction initiatives. We must continue this critical effort and ensure compliance with the law. We will continue to support the President and Congress in enacting clean energy and climate legislation. Using the Clean Air Act, we will finalize our mobile source rules and provide a framework for continued improvements in that sector. We will build on the success of Energy Star to expand cost-saving energy conservation and efficiency programs. And, we will continue to develop common-sense solutions for reducing GHG emissions from large stationary sources like power plants. In all of this, we must also recognize that climate change will affect other parts of our core mission, such as protecting air and water quality, and we must include those considerations in our future plans. 

Improving Air Quality: American communities face serious health and environmental challenges from air pollution. We have already proposed stronger ambient air quality standards for ozone, which will help millions of American breathe easier and live healthier. Building on that, EPA will develop a comprehensive strategy for a cleaner and more efficient power sector, with strong but achievable emission reduction goals for SO₂, NOx, mercury and other air toxics. We will strengthen our ambient air quality standards for pollutants such as PM, SO₂ and NO₂ and will achieve additional reductions in air toxics from a range of industrial facilities. Improved monitoring, permitting and enforcement will be critical building blocks for air quality improvement. 

Assuring the Safety of Chemicals: One of my highest priorities is to make significant and long overdue progress in assuring the safety of chemicals in our products, our environment and our bodies. Last year I announced principles for modernizing the Toxic Substances Control Act. Separately, we are shifting EPA's focus to address high-concern chemicals and filling data gaps on widely produced chemicals in commerce. At the end of 2009, we released our first-ever chemical management plans for four groups of substances, and more plans are in the pipeline for 2010. Using our streamlined Integrated Risk Information System, we will continue strong progress toward rigorous, peer-reviewed health assessments on dioxins, arsenic, formaldehyde, TCE and other substances of concern. 

Cleaning Up Our Communities: In 2009 EPA made strong cleanup progress by accelerating our Superfund program and confronting significant local environmental challenges like the asbestos Public Health Emergency in Libby, Montana and the coal ash spill in Kingston, Tennessee. Using all the tools at our disposal, including enforcement and compliance efforts, we will continue to focus on making safer, healthier communities. I am committed to maximizing the potential of our brownfields program, particularly to spur environmental cleanup and job creation in disadvantaged communities. We are also developing enhanced strategies for risk reduction in our Superfund program, with stronger partnerships with stakeholders affected by our cleanups. 

Protecting America's Waters: America's waterbodies are imperiled as never before. Water quality and enforcement programs face complex challenges, from nutrient loadings and stormwater runoff, to invasive species and drinking water contaminants. These challenges demand both traditional and innovative strategies. We will continue comprehensive watershed protection programs for the Chesapeake Bay and Great Lakes. We will initiate measures to address post-construction runoff, water quality impairment from surface mining, and stronger drinking water protection. Recovery Act funding will expand construction of water infrastructure, and we will work with states to develop nutrient limits and launch an Urban Waters initiative. We will also revamp enforcement strategies to achieve greater compliance across the board. 

Expanding the Conversation on Environmentalism and Working for Environmental Justice: We have begun a new era of outreach and protection for communities historically underrepresented in EPA decision-making. We are building strong working relationships with tribes, communities of color, economically distressed cities and towns, young people and others, but this is just a start. We must include environmental justice principles in all of our decisions. This is an area that calls for innovation and bold thinking, and I am challenging all of our employees to bring vision and creativity to our programs. The protection of vulnerable subpopulations is a top priority, especially with regard to children. Our revitalized Children's Health Office is bringing a new energy to safeguarding children through all of our enforcement efforts. We will ensure that children's health protection continues to guide the path forward. 

Building Strong State and Tribal Partnerships: States and tribal nations bear important responsibilities for the day-to-day mission of environmental protection, but declining tax revenues and fiscal challenges are pressuring state agencies and tribal governments to do more with fewer resources. Strong partnerships and accountability are more important than ever. EPA must do its part to support state and tribal capacity and, through strengthened oversight, ensure that programs are consistently delivered nationwide. Where appropriate, we will use our own expertise and capacity to bolster state and tribal efforts. 

We will also focus on improving EPA's internal operations, from performance measures to agency processes. We have a complex organization -- which is both an asset and a challenge. We will strive to ensure that EPA is a workplace worthy of our top notch workforce. Our success will depend on supporting innovation and creativity in both what we do and how we do it, and I encourage everyone to be part of constructively improving our agency. 

These priorities will guide our work in 2010 and the years ahead. They are built around the challenges and opportunities inherent in our mission to protect human health and the environment for all Americans. We will carry out our mission by respecting our core values of science, transparency and the rule of law. I have unlimited confidence in the talent and spirit of our workforce, and I will look to your energy, ideas and passion in the days ahead. I know we will meet these challenges head on, as one EPA. 

Sincerely, 
Lisa P. Jackson

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SOURCE: EPA