Application of Clean Water Act Tools to Restore and Protect Watersheds
James Hanlon
Office of Wastewater Management
United States Environmental Protection Agency
1.

Introduction
Surface water quality in the United States is governed by the terms, conditions,requirements and programs of the Clean Water Act. Since 1972 this statute has
provided the foundation upon which water quality programs across the nation arebuilt. This presentation discusses current efforts by the US Environmental Protection
Agency (EPA) to use the foundation of the Clean Water Act and current tools toprotect and restore watersheds across the United States.

2. Overview
The stated objective of the 1972 Clean Water Act (CWA) is to protect andrestore the physical, chemical and biological integrity of our Nations waters. In 1972
that was a lofty goal recognizing the Cuyahoga River in Cleveland, Ohio occasionallycaught on fire; Lake Erie, one of the Great Lakes, was declared dead; and thePotomac River in Washington, DC was often called an open sewer. These were
symptoms of a wider and deeper set of problems affecting water resources across theUnited States.
The water quality management program established by the CWA, beginningwith designated uses and numeric and narrative standards; monitoring; assessment
and impaired water listings; total maximum daily load (TMDL) calculations that
include point source and non-point source allocations to meet standards; a point
source permitting program (National Pollutant Discharge Elimination System –NPDES), along with compliance monitoring and enforcement has been the foundationof efforts in the U. S. for the last 34 years. Implementation has been consistent andmethodical. In the early years, grant programs funded billions of dollars in municipal
infrastructure, the NPDES program focused on issuing over 50,000 permits tomunicipal and industrial point source dischargers, first focusing on technology basedminimum levels of treatment and then additional treatment to meet water quality
objectivities. Toxic limits in permits and a focus on wet weather sources of pollution
from separate and combined sewer overflows and municipal, industrial andconstruction stormwater were priority areas in the late 1980’s and thru the 1990’s. In
the mid-1990’s a focus on total maximum daily loads (TMDL’s) and the assessmentof what combination of point and non-point source loads watersheds could sustain,
were completed in many areas for the first time. In the past five years thousands of
TMDL’s have been completed.

- 275 -The above abbreviated history, as it unfolded, was largely completed thru
separate, focused initiatives that individually made significant progress in assessing,designing, building, permitting, or enforcing to meet a single parameter objective.
Loadings were reduced, but in many cases, systematic restoration of water quality did
not result. Beginning with the focus on TMDL’s and thru the related assessment of
the effect of point and non-point sources, land use patterns, hydrologic andatmospheric impacts, the concept of watersheds management has evolved.
Over the last ten years, the focus of EPA efforts in the National Water Program
has been on the watershed. The objective is to use the available tools, ever improving
through better science and technology, and apply them in a systematic method toprotect and restore watersheds across the country.
In the United States, EPA has the nationwide responsibility to establish aframework using regulation, policy, guidance and funding to facilitate theimplementation of the CWA. Most of the implementation occurs at the State or local
level. There are thousands of watershed groups across the country, working withlocal government, universities, and business and citizens groups to improve theirwatershed.
This presentation focuses on one approach being taken by the water program in
EPA Region 4, located in Atlanta, Georgia, and having EPA jurisdiction in eightsoutheastern States. They are leaders in the implementation of the watershed
approach.
The national water program at EPA is committed to the protection andrestoration of watersheds. The 2006-2011 EPA Strategic Plan, dated September 2006,
includes numeric targets for the improvement of impaired watersheds and for theimprovement of waterbody segments within watersheds. Through the application ofsound science and focused public policy, improvements will happen. Lake Erie today
supports a multi-million dollar boating and sport fishing industry and the Potomac
River hosts national bass fishing tournaments. Watersheds across the nation await
this progress.

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“The object of this Act is to restore andmaintain the chemical, physical andbiological integrity of the Nation’
Nation’s waters.”
waters.”

Implementing a
Watershed Approach

Section 101(a), Public Law 9292-500
October 18, 1972
“The Clean Water Act”
Act”

Jim Hanlon, Director
Office of Wastewater Management
U.S. Environmental Protection Agency

Program Evolution
Construction Grants

Key Elements of theWatershed Approach(1970’(1970’s – 1980’1980’s)

Point Source Permits(1970’(1970’s – 1990’1990’s)

TechnologyTechnology-based Limitations(1980’(1980’s – 1990’1990’s)

Total Maximum Daily Loads (TMDLs(TMDLs))(1990’(1990’s – present)• Geographic Focus• Continuous Improvement Based on Sound Science• Partnerships and Stakeholder Involvement

The objective is to link appropriate resources torestore water quality in priority watersheds.

CWA Watershed Framework
Water Quality Standards
Use Attainability Analysis

ComplianceAssistance

Monitor/Assess WQS Attainment
Assessment methodology
305(b) Report303(d) List of Impaired Waters
EPA approves 303(d) list

Enforcement

GrantsTechnical Assistance

Permitting

TMDL
WLAs to individual point sources
LAs to nonpoint sources
EPA approvalContinuing
Planning Process(CPP)

WatershedGroups

Watershed Plan
State or locally led

NPDES permits for point sources

Manage nonpoint sources

EPA discretion to object

w/ Federal/State/other $Program Activities
Priority Watersheds
And303(d) Listed Waters

CitizenInvolvement
Business andIndustry

GreatChallenges

ElectedOfficials

State andOtherFederalAgencies
LocalAgenciesand Districts

Great Expectations
Integrate EPA programs toachieve results for water quality
Remove waters from the impaired waters listby restoring designated uses
Partner with our states and tribes to focus
our activities and resources
Encourage innovations
Seek efficiencies
Utilize a watershed approach- 277 -EPA Involvement inthe Watershed Approach“Apply a watershed approach to restoring polluted
waters across the country, including developing
Total Maximum Daily Loads, implementing cleanclean-up
plans on a watershed basis, and promoting
innovative, costcost-effective practices like water quality
trading and watershed permitting to restore andprotect water quality.”
quality.” Programmatic Support
 Technical Support

Benjamin H. Grumbles
Assistant Administrator
Office of Water, U.S. EPA
September 29, 2006

 Direct Involvement

Programmatic Tools

Technical Tools
 Restoration project management (wetlands, streams,

 Training and Educationlakes)

 Problem solving (technical)

 Funding Landscape level assessments, mapping and analysis

 Regulatory Analysis

 Modeling and technology transfer

 Capacity Building Planning Assistance (Watershed Plans, Source WaterAssessment and Protection Planning, TMDL
Implementation, Wetlands Advanced Identification) Water Quality Trading Watershed Permitting

 Analytical Methods

EPA Watershed Selection
Criteria

Direct Involvement
 Leadership/sponsorship role

 Value of resource at risk or seriousness of threat

 Broker/Facilitator role

 Likelihood of achieving positive environmental outcomes Influencing the Federal Community

 Evidence of strong public and local/state government support
 Existence of scientific studies or data about the watershed

 Leverage Funding Existence of an entity with a proven track record to promoteand coordinate partnerships

 Implementing the Watershed Approach byoverseeing its various phases.

 Benefits associated with EPA leadership and addition ofEPA’
EPA’s significant expertise in this area

PhasePhase-Objective Alignment
Phase I:
ExploreStressor/Source
Ability to Act
Communication
Funding
Action Plan
Exit Strategy

Criteria Available- 278 -Phase II:
Build/Prepare

Phase III:
Implement

Phase IV:
Trans. To Maint.

Phase II: BUILD/PREPARE

Phase I Example Criteria: EXPLORE

Stressor/Source Identification– Have data needed to perform a detailed assessment
been identified?
– Has the group identified who can best collect and/or
analyze the needed data?
– Has the spatial distribution of pollutant loading been
sufficiently defined to establish areas of concern within
the watershed?

Stressor/Source Identification– Collect, map and perform cluster analysis on impairedwaters– Collect and review pertinent TMDLS and NPDES permits– Collect information gathered at the watershed by locals
where relevant

Ability to Act

Ability to Act– Have all identified skill/role gaps been filled?
– Does the coalition have a legal structure foracquiring/administering funds or a clearly identified
mechanism for accomplishing this function througha partner?

– Check with the state for acceptability and synergies– Check with workgroup for programmatic priority overlaps– Do the locals want EPA involved in the watershed?

TRADING ASSOCIATIONS

Priority: Achieving Results

Neuse River, North Carolina– Nitrogen trading agreement

Between FY02FY02-FY05, Twenty four 88-Digit
HUC watersheds moved into the "restored"
category in Region 4– 23 members, primarily large municipalities– Single, general permit for nitrogen– If the association exceeds it allocation, it is subject
to enforcement action• Any member exceeding its allocation is thensubject to enforcement

Neuse River Results
Achieved Goal
Greater than 30% reduction innitrogen loading between 1997
and 2003

On-the-ground restoration activities will begin in Crowdabout, Herrin,
Goose, Thacker, and Yellowbank watersheds during the spring of 2006.

Priority:
Assessing andMeasuring
ProgressWatershed Goals
EPA 20062006-2011 Strategic Plan
By 2012:2012: Attain standards for all pollutants andimpairments in more than 2,250 waterbodies by2012 (baseline 39,798)

 Remove at least 5,600 of the specific causes ofwater body impairment identified in 2002
(baseline 69,677)

 Improve water quality conditions in 250 impaired

watersheds nationwide using the watershedapproach- 279 -

Acknowledgements
 Jim Giattina and EPA Region 4

Water Program Members, Office of Wastewater

Management, EPA/HQ- 280 -