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Western States Water Council Water Quality Committee Washington, DC March 13,2007 . EP A UPDATE - Ben Grumbles The Administrator has made it clear that he is focusing in on a couple of key areas for the remainder ofthe term. Sustainable water infrastructure, innovative financing, will be a high priority for him. Water efficiency (like Energy Star); Watershed; Green infrastructure - that relies on natural systems and buffers (to deal with wet conditions and high flows); water quality trading (USDA is a new partner on this); Good Sam · Wetlands- The President is focused on having a positive legacy on wetlands protection -not just maintaining existing wetlands, but improving and expanding. · Where is guidance on Rapanos? CEQ overseeing final review. Continues to be top priority. It is guidance! (Not binding.) 2 tests from the decision: For the West, key consideration is overreaching in ephemeral washes. Kennedy nexus test is area where EPA is spending a lot of time. Have not made a decision about making a rulemaking. · Recently issued Corps Nationwide Permits - added 6 new ones. Army and EPA are working together on compensatory mitigation rule. Hope to finalize by the end of the year. · Water Transfer Rule - incorporated Aug 2005 memo from Ann Klee in response to Miccosukee (when does a water transfer trigger 402 permitting?). Hope to finalize rule by the end of the year. No permit needed in transfer ifthere is no intervening industrial, municipal or commercial use. · Agency lost N. CA case on vessel discharges. EPA had said vessel discharges are not subject . to NPDES permit. Court disagreed. · Apr. 17, Supreme Court will look at ESA and CW A authorization for states. Joan thanked Ben for EP A getting us on board with the Defenders of Wildlife case. She also told Ben that the WSWC took a position on the water transfer rule. In Colorado, when there is a change of use, they can look at impacts on downstream uses. States discussed issues they are working on. Stephen Bernath is working on paper on sequestration. Ben said, EP A testified on Tuesday before the Energy and Commerce Committee on sequestration. Testimony from that could be helpful. Also, policy on VIC that Office of Water issued could be helpful. Guidance on issuing permits to Class V experimental wells. Ben forwarded the guidance to Richard Opper. Joan told Ben about the project on the Navajo Reservation. The Guidance is on EPA web site. Roger will send it out, along with cite from the hearing. On trading, 320 cases subject to trading but only 120 have traded. It is an area of great promise. Want to encourage. Permit writers handbook will be coming out soon. Susan, said the greatest disconnect they are seeing is with the permit writers, so thinks the guidance will be very helpful. Stephen also works on trading for W A, and he said "trading is not for weenies." Really need to have a TMDL. Most TMDLs aren't rigorous enough. . 6