BOARD01494

• Board Meeting Date: 9/21/1998
• Description: Federal "Clean Water Action Plan" and EPA's Advance Notice of Proposed Rule Making
• Board Meetings - Doc Type: Memo

Agenda Item II, September 21-22, 1998, Board Meeting
Page 2

.

assist the states and tribes more fully integrate water quality criteria and standards
implementation. The EP A is requesting public comment by October 16, 1998.

The Water Quality Criteria and Standards Plan is supposed to provide a basis for enhancement to
the TMDL program, NPDES permitting, non-point source pollution control, wetlands protection,
and other water resources management efforts. It describes seven new initiatives that the EP A
will take over the next decade, including:

. Maintaining and strengthening the existing ambient water quality criteria;
. Developing "nutrient criteria";
. Developing criteria for "microbial pathogens";
. Completing the development of "biocriteria" for aquatic life protection;
. Developing improved methods for TMDLs;
. Evaluating possible criteria for sedimentation, flow, and wildlife; and
. Ensuring implementation of these new initiatives and improvements by the EPA.

The EP A expects these initiatives will better support watershed management for the protection of
human health, aquatic life, wildlife and the recreational uses of the Nation's waters. This goal
which deals with both the quality and quantity of water in lakes and streams, is commonly
known by the expression "fishable and swimmable". In addition to point source pollution .
.control, the goal involves controlling pollution from non-point sources including wet weather
flows (storm water) and runoff from agricultural activities. New criteria for nutrient and
microbial pathogens may change risk assessment methods currently used for recreational water.
In Colorado, this may affect the operations of lakes and reservoirs used for recreational activities.
Of particular interest to the CWCB is the EPA's proposed investigation for developing new
criteria for sedimentation, flow and wildlife. The Water Quality Criteria and Standard Plan
includes investigating the need for optimum flow guidance, including measures to "protect
against impairments of water due primarily to flow alterations, including excessive flows from
wet weather runoff and lack of base flows due to excessive water usages." Furthermore, the EP A
asserts that after it publishes its findings, if necessary, it will prepare aflow strategy.

Advance Notice of Proposed Rule Making (ANPRM)

The EPA has also distributed an Advance Notice of Proposed Rule Making (ANPRM) for the
water quality standards regulations which solicits public comment on potential revisions to the
basic water quality standards program regulation under the Clean Water Act (CWA). While the
Water Quality Criteria and Standards Plan proposes new scientific and technical initiatives that
needed to be taken by the EPA to improve the water quality criteria program, the ANPRM
solicits comments on how these might be best implemented by the states and tribes. The
ANPRM suggest that changes are needed in the national water quality standards program to
improve the effectiveness of water quality standards in restoring and maintaining the quality of .