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TRANSCRIPT
EPA Regulations – What’s New & What’s Next?
July 20, 2012
Dial: 888-437-3195 for webinar audio
Increasing Rules,
Decreasing Budgets Presentation for NCSL July 20, 2012
by Steve Brown
Environmental Council of the States (ECOS)
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5
10
15
20
25
30
35 N
um
be
r o
f R
ule
s
New EPA Rules to States
(Completed Actions with a "state impact" per Year)
Rules with a Minor State Impact
Rules with a Substantive State Impact
*Projected
-40
-30
-20
-10
0
10
20
30
40
Mil
lio
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New EPA Rules to States vs Change in Categorical Grant
Budgets (Per Year)
Categorical Grants: Amount Changed Per Year Rules with a Substantive State Impact
*2012 Rules
Total is
0
20
40
60
80
100
120
140
160
2007 2008 2009 2010 2011 2012*
Nu
mb
er
of
Ru
les
Substantive Rules Minor Rules
Cumulative New EPA Rules to States
(Completed Actions with a "state impact")
*Projected
-150
-100
-50
0
50
100
150
-40
-30
-20
-10
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10
20
30
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Millio
ns o
f D
ollars
Cumulative New Rules vs Categorical Grant Budgets
Categorical Grants Minor Rules Substantive Rules * 2012 Rules Total is Projected
Conclusions
• the number of federal rules with a “substantive” impact
on states (and local governments) continues to
steadily rise.
• Federal financial support to implement these rules is
declining, meaning states have to pick up the cost for
these federal requirements.
• any decreases in state budgeting support exacerbate
this problem.
(for a list of the rules’ names, see separate Excel spreadsheet)
National Conference of State Legislatures
July 20, 2012
Key Federal Water Resources and
Quality Developments Alexandra Dunn
Executive Director & General Counsel
Association of Clean Water Administrators
• People polled care most about those environmental issues related to water quality protection
• 77% of respondents concerned with pollution of drinking water
• 79% worried about pollution of rivers, lakes and reservoirs
• http://www.gallup.com/poll/146810/water-issues-worry-americans-global-warming-least.aspx
Water Ranks at Top in EPA ‘11 Gallup Poll
Hot Topics • Nutrients
• CWA Jurisdiction
• Integrated Planning
• E-Reporting
• TMDLs
• Water Quality Standards Updates
• Recreational Water Criteria
• Water Quantity
• Clean Water Funding
Where are we today?
About 40% of river and stream miles and 60% of lake and reservoir acres are impaired
Nutrients • Nutrient Criteria
– Numeric Nutrient Criteria Implementation
– Role of Biocriteria in State Water Programs
– Independent Applicability
June & October 2011 Congressional testimony on need for state flexibility in addressing nutrients, using weight-of-evidence approaches, limits of IA
– See Maine, Ohio, Florida, Montana, Colorado
• Agriculture Nutrient Initiatives – MN/EPA/USDA : MN AG Water Quality Certification Program
– NRCS National Nutrient Management Standard (590)
– USDA's National Water Quality Initiative (NWQI), focusing on 157 watersheds in the U.S. in 2012.
ACWA 2012 Survey • As an aquatic ecosystem can be
healthy under varying levels of nutrients, managing nutrient levels requires unique and diverse strategies.
• States make use of a variety of tools beyond water quality standards and TMDLs. – State level effluent standards,
technology requirements, BMPs, nutrient trading
– A rich mosaic of solutions
– A variety of nutrient accountability frameworks
Scope of State Nutrient Programs
• 77% of programs are state-wide in scope
• Combined focus programs use a variety of methods to assess and address nutrient impairments.
Combined (H20Body, Indicator, Source) Source Based (eg, POTW) Indictator (N, P, Biology)
Waterbody Type Only
Program Organization
CWA Jurisdiction
2011 Proposed CWA Jurisdiction Guidance
Subject to Significant Nexus Analysis:
• Tributaries to TNWs or interstate waters;
• Wetlands adjacent to jurisdictional tributaries to TNWs or interstate waters; and
• Waters that fall under the
“other waters” category
of the regulations.
– Physically proximate
other waters
– Non-physically
proximate other waters
2011 Proposed CWA Jurisdiction Guidance
Generally Not Jurisdictional:
-Wet areas that are not tributaries, open waters, or wetlands
-Waters excluded by regulation
-Waters without “significant nexus”
-Artificial lakes, ponds, pools,
ornamental waters, and
artificially irrigated areas
-Erosional features that are not wetlands or streams (e.g. gullies)
Integrated Planning & Permitting Elements
• Stormwater, wastewater, drinking water (?) obligations – sequence and prioritize investments
• Planning, but how to execute? – Water quality, human health, regulatory issues
• Plan to evaluate existing systems & performance • Include Stakeholder involvement • Evaluate and select alternatives • Measure success • Second hearing 7/25
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E-Reporting Rule
• Rule will identify the essential information that EPA needs to receive electronically, primarily from NPDES permittees to manage federal NPDES program
• Seek to ensure available, accurate, timely, and nationally consistent facility information
• Proposed rule sent to OMB for regulatory review (12/11)
Water Quality Standards Regulation Revisions
• WQS Regulation – 40 CFR Part 131
• Current WQS Regulation last revised in 1983
• EPA planning to revise in an effort to clarify several key program areas, as well as provide enhanced water resource protection and clearer/simplified requirements
• Rule was received by OMB in Nov.; projected proposal public release – 3/12
Recreational Water Criteria
• Designed to protect swimmers
• Existing criteria ~ 20 years old
• EPA plans: Propose & finalize new criteria in 2012
• Draft: Dec. 2011 http://www.regulations.gov/#!docketDetail;D=EPA-HQ-OW-2011-0466
• State concerns: insufficient inland data
TMDL 10 Year Vision
• Initiative aimed at updating the TMDL program to improve state implementation of TMDLs
• EPA focused on developing several guidance documents to assist states with TMDL development & implementation
• EPA working with states to revise program to “maximize water quality protection”
TMDLs • EPA review and approval of
a TMDL is a final agency action
• Recovery potential screening
• http://water.epa.gov/lawsregs/lawsguidance/cwa/tmdl/recovery/index.cfm
• Adaptive management
• Multi-jurisdictional TMDLs
• Delisting memo
TMDLs
Water Quantity • At least 36 states
are expected to face water shortages within the next five years, according to U.S. government estimates.
• Combined forces of climate change, unsustainable population growth, and agricultural practices
Funding Picture in Million $
2009 2010
2011 2012
2013 (Pres) 2013 HR
0
500
1,000
1,500
2,000
2,500
SRF DWSRF CW106 CW319
2009
2010
2011
2012
2013 (Pres)
2013 HR
Alternative Funding Mechanisms
• Clean Water Trust Fund
• Infrastructure Bank
• WIFIA
Questions?
Thank you for attending!
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Thank you!