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WESTERN TATE ,('~ .- ~., ~~~e"I(G \", ATE ,,\1 ''"1 \.9.4 ';,:. ~~ r:~~\iJ::~'~ ,. 'iJ };",'~' \~~~:>;?-I- . I L vrK( March 4, 1994 Issue No. 1033 (; recycled paper conserves water THE WEEKLY NEWSLETfER OF THE WESTERN STATES WATER COUNCIL -, ..~o,._ Creekview Plaza, Suite A-201/942 East 7145 So. 1 MidvaIe, Utah 84047 1 (801) 561-5300 1 FAX (801) 255-9642 Chairman - Dave Kennedy; Executive Director - Craig Bell; Editor - Norm Johnson; Typist - Carrie Curvin WATER QUAUTY Clean Water Act . The Senate Environment and Public Works Committee completed its markup of S. 1114, to reauthorize the Clean Water Act (CWA), on February 25. The bill will likely be brought to the Senate floor in June, at the earliest. Several issues were not resolved by the committee, and some of the compromises that were reached are fluid. Before the markup began, Environment Committee leaders developed a "manager's amendment" to serve as a vehicle for discussion during the committee's consideration of the bill. Hence, the bill now consists of Senator Graham's (D-FL) substitute version of S.1114, the manager's amendment, and the markup amendments. It is a "moving target" that may change significantly. The Senate Environment Committee approved the. revised version of S, 1114 by a 14-3 vote, On funding, the bill reauthorizes the state revolving loan fund program (SRF) through FY2000 at $2.5B a year, with a possibility of increasing the annual funding up to $5B in some years II Congress meets certain deficit reduction targets. The committee also agreed to a new allocation formula for SRF funds. It is based on the 1992 EPA "Needs Survey," and would be phased- in between FY95 and FY2000. . The Committee approved a number of provisions that deal directly or indirectly with non-point source pollution (NPSP) control. States would use EPA guidance to identify "impaired" watersheds, and then be required to improve their plans to control stormwater runoff that affects impaired waters. Landowners would be required to control NPSP runoff. Some flexibility was added to the bill with respect to watershed planning, allowing governors to develop watershed pollution control plans and EPA to delegate to states authority to approve such plans. The committee added language to set-aside 5% of appropriated SRF monies in FY95 to implement watershed plans. This set-aside would increase to 25% by FY2000. The Committee also adopted an amendment to require EPA to. consider regional variations in developing NPSP programs. An amendment by Senator Reid (D-NV) was approved to establish an Arid West Water Quality Research Project and create a working group to recommend revisions to EPA's methods of developing water quality criteria for arid areas ryvSW #1032). These changes would allow the agency flexibility to establish water quality criteria that are appropriate for ephemeral and effluent-dominated water courses. The bill contains language to protect .Outstanding National Resource Waters" (ONRWs). Waters in national parks and wilderness areas would automatically be designated ONRWs. Also, states would have to survey national lake shores, national seashores, national forests, national wildlife refuges, and national monuments, as well as all wild and scenic rivers, for possible ONRW designation. States could avoid designating some ONRWs by demonstrating important economic and social harm that would result from designation. After ONRWs are recognized, states would be required to insure that their quality is not degraded. This provision was controversial, and several committee members said they would offer floor amendments to mitigate its impact on upstream communities. The bill contains an amendment to clarify state authority under CW A Section 401 to certify that a