&EPA JOURNAL United States A Magazine on National and Global Environmental Perspectives Environmental Protection Agency Office of Communications. November/December 1991 • Volume 17. Number 5 22K-1005 Education. and Public Affairs

William K. Reilly Administrator From the Editor Lew Crampton Associate Administrator Charles Osolin erhaps we should forgive the bureaucrats for the phrase, Director of Publications nonpoint-source pollution. Consider a shopping mall parking lot in the dead of winter. Salt has done its work; the macadam is free of John Heritage Psnow. But the snowmelt has carried the salt, crankcase oil, and Editor whatever else it finds to the gutter, and from there to the nearest stream. Karen Flagstad If you're not into shopping malls, consider a several-hundred-acre farm Associate Editor enjoying a soaking rain: dairy cows, fields of corn protected by pesticides, Ruth Barker a stream meandering through. You get the idea. If you fertilized your lawn Assistant Editor last spring, you're probably a nonpoint-source (NPS) polluter. Jack Lewis There's the rub. Nonpoint sources are so diffuse we find it difficult to Assistant Editor wrap our arms around the problem. I'm reminded of the early days of the Nancy Starnes magazine, when we sent photographers out to capture pollution on film. Assistant Editor One came back with a beautiful shot of the New York City skyline. Douglass Lea "That's carbon monoxide over Manhattan," he said. Who could say he Contributing Editor was wrong? Marilyn Rogers According to the most recent review the states made of their lakes, 56 Circulation Manager percent of assessed lake acres failed to fully support the uses designated for them-uses such as drinking water supply, contact recreati0n, and Editorial Assistance Leighton Price fisheries. The same can be said for 37 percent of river miles and 32 percent of estuarine square miles. By all accounts, NPS Design Credits pollution was the leading cause. Ron Farrah The diffuseness of the sources of runoff, for that is what we're talking James R. Ingram about, compounds the difficulty of controlling it. We can't single out, as Robert Flanagan we can with point sources, the owner of a factory outfall and slap him with a fine for violating his National Pollutant Discharge Elimination Front Cover: System permit. NPS pollution has to be tackled through the Rainstorm-runoff in the management of land use, a sea of troubles in itself. making. In this issue of the Journal, we attempt to outline the dimensions of Photo by David Falconer of Folio, Inc. NPS water pollution and introduce you to the controversy over the problem.

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The Problem The Issues and the Finding Solutions Departments Introducing NPS Policy My Experience Newsline- Water Pollution View from EPA The more the residue, News and Comment We can't write permits Mostly, it will be local the less the pollution on EPA on parking lots. building and land use of surface water. For the Classroom by Robert Griffin, Jr. decisions. by William Richards A Lesson Plan on NPS Case Studies by William K. Reilly Some Other Options Pollution Agricultural View from USDA by Jack Lewis Farms only five miles Titans in 0 Chemicals: The Karst Nutrient Trading-in Conservation Case apart may need the Wings different solutions. Gifford Pinchot by John Weiss The Phosphorus Club by Jack Lewis by James R. Moseley Agricultural recommended the View from OMB Dillon Bubble. Featuring EPA 11 Sediment: The Case of Enlisting Space in the Otter Creek Must farmers prevent by Bruce Zander pollution to escape Cause by David Wann Wisconsin's "Bad by Alan B. Nichols and jack Wilbur regulation? 5 Actors" Program by Susan Offutt The bad actors lost the On the Move Urban Runoff: The New Names in Key rn Example of Barnstable Questions the Reader manure wars. by Ed Odgers Agency Posts by David Still II Might Ask An Interview with Logging: The Robert H. Wayland 1II 15 Washington State Situation by Steven Ralph Abandoned Mines: Taking Action 16 Report from West A Forum 3 What Will It Take ... ? Dos and Don'ts Virginia around the Home by Lyle Bennett by Robert Goo Construction: The 18 Whitemarsh Case by Karl Blankenship

EPA is charged by Congress to protect the nation's land, air, and water systems. Under a mandate of national environmental laws. the Agency strives to formulate and implement actions which lead to a compatible balance between human activities and the ability of natural systems to support and nurture life. EPA JOURNAL is published by the U.S. Environmental Protection Agency. The Administrator of EPA has determined that the publication of this periodical is necessary in the transaction of the puhli r. business required by law of this agency. Use of funrls for printing this periodical has been approved by the Director of the Office of Management and Budget. Views expressed by authors do not necessarily reflect EPA policy. No permission necessary to reproduce contents except copyrighted photos and other materials. Contributions and inquiries should be addressed to the Editor, EPA JOURNAL (A-107), Waterside Mall, 4tl1 M Street, SW., Washington, D.C. 20460 NEWSLIN GEO Metro Communities that Violate Wins 1992 Air Standards Are Named Mileage Derby and New Jersey; the Connecticut, and Rhode EPA has listed 98 areas of Fuel economy estimates for Chicago-Gary-Lake County Island abstained .... 'Cars the country that violate the 1992 model-year vehicles areas of Illinois and Indiana; air quality standard for are responsible for over half rank the 1,875-pound GEO and Milwaukee-Racine in ozone, 42 that exceed the the emissions which create Metro XFi as the most Wisconsin . . . . The EPA carbon monoxide standard, ozone,' Fran Du Melle, of the efficient car at 53 71 the particulate standard, earlier this year estimated American Lung Association, miles-per-gallon (mpg) city, that while the overall air and 12 the standard for lead. said in a statement. 'We are and 59 mpg highway. It is quality improved in the EPA will update the list encouraged to see the states the second year in a row for 1S80s, more than 84 million every year to track progress act without capitulating to this subcompact to come in people continued to live in in meeting the standards. the auto industry's tired first. The Lamborghini DB areas where the air does not Administrator Reilly said: exaggerations about cost and 132/Diablo again received the meet at least one of the "New clean air programs will technical feasibility.' lowest fuel economy rating of federal standards ...." begin operating in designated Automobile industry 9 mpg city and 14 mpg places over the next couple The Washington Post officials, however, called the highway. of years. The effect of these commented:" . .. Four California restrictions a Also included in EPA's list measures, combined with outlying suburban counties, costly and excessive step. of the top 10 high-mileage other recent actions such as some considered rural only a Some auto dealers oppose cars were various models of reformulated gasoline, will decade ago, are now so having to offer 'California the Honda Civic, Suzuki mean healthier air for more polluted by commuter traffic cars,' because they would be Swift, and other GEO Metro Americans to breathe." that the Environmental required to stock two types of models. Their fue l economy vehicles in a market that The Washington Times Protection Agency yesterday estimates ranged from 48 reported: " .. . While states added them to the official includes more than one state mpg city/55 mpg highway to . . . . The California rules have considerable leeway on Washington smog zone .. . . 39 mpg city/43 mpg highway. phase out sales of cars how to clean up the air, The clean-air law lets states Light trucks have become a meeting less-restrictive preferred measures are likely require that new cars major portion of the national standards through to be requiring registered meet California light-duty fl eet-30 percent cleaner-burning gasoline, tailpipe standards, which are 1999, and phases in the sale of the fleet now, as opposed tighter tailpipe emission tighter than federal mandates. of cars with little or no to 15 percent in 1980. emissions. By 2003, 10 standards. the use of Yesterday, a regional Consequently, EPA tabulated percent of new cars must alternative motor fuels for commission representing separate top 10 and bottom emit no pollution; they fleets, tougher vehicle states from Virginia to Maine 10 lists for them. The Suzuki probably would be powered inspections, required promised to ask legislatures Samurai 2WD received the employer-sponsored to adopt the California by batteries. All clean cars highest fuel economy rating would carry a 100,000-mile rideshare programs and standards. Representatives of 28 mpg city/29 mpg warranty on emission-related controls on emissions from from nine states, including highway. The lowest rating of parts, including the engine, such businesses as bakeries, Virginia and Maryland, voted any vehicle in the 1992 Gas higher than current dry cleaners, and breweries. for the resolution, as did a Mileage Guide is shared by warranties .... " Only the Los Angeles-South representative from the three Dodge truck models : Coast Basin area is ranked as District. Vermont, W250 Pickup 4WD, having "extreme" pollution, Ramcharger 4WD, and the the worst category. The area W100/W150 Pickup 4WO, at has until the year 2010 to 9 mpg city and 13 mpg come into compliance. Areas highway. classified as having "severe" By choosing a car that gets air pollution are San Diego just 1 mpg more than the and Ventura County in average for its vehicle class, California; the Baltimore consumers can save about metropolitan area; an urban $440 in fu el costs over the stretch that includes life of the car. For Philadelphia and 13 comparison purposes, EPA surrounding counties; the sorts vehicles into size Houston-Galveston-Brazoria classes by interior volume. area of Texas; New York and Consumers can use the 1992 surrounding areas of Gas Mileage Guide for Connecticut, Long Island, comparison shopping. The

2 EPA JOURNAL ~·~::. ...~ ::~·~: •• :::~ r ...,_,_ .i·-; ·". ,1 ~ ... .,.. • ' ... • ..;:;.. .- . •• .a " . - ·. . .

Acid Rain Emissions to Be Cut in Half

EPA has proposed theory, companies that can event of plant expansion. A estimates excessive. All market-based rules that will clean up pollution cheaply utility that emitted more than sides, though, agree that costs

cut sulfur dioxide (S02 ) by changing fuel or allowed but could not, or did are held down by the law's emissions 10 million tons a persuading their customers to not, buy allowances would emphasis on allowing year by the end of the conserve energy would have to pay the government utilities to choose for century. This is half the S02 recover some of the cost by $2,000 per ton of excess themselves how to cut their emitted in 1980 by electric selling their pollution rights pollution. The EPA would emissions ...... to companies that could only power plants, the chief hold an annual sale to keep The Los Angeles Times clean up by adopting costlier source of the gas. the market fluid, offering reported: " ... The EPA measures, like filtering the Administrator ReilJy said: allowances at a fixed price of estimates that the total cost "Today's proposal breaks smoke they emit. The air $1,500, at least $500 more of the. crackdown would be new ground in harnessing the would be just as clean, but than the cost of cutting less than $4 billion a year, power of the marketplace to the costs would be lower. In pollution with technology translating to an increase of 1 improve the environment. effect, clean air would " percent to 1.5 percent in Market incentives and become a commodity with The Wall Street Journal said: consumer electric bills .. . . tradeable allowances will be known production costs, and " ... In its proposal, EPA Acid rain, so named because traded under laws of supply used to cut acid rain rejected attempts by the the acidic pollutants are and demand as if a reduction emissions. The Bush Energy Department to allow emitted into the atmosphere in noxious emissions were a administration believes that more utilities to qualify for a only to return to the surface pork belly. Indeed, the the economic incentives in special clean-coal technology with rain and snow, has been futures market at the Chicago this rule have significant exemption that would give blamed not only for severe Board of Trade plans to trade advantages over traditional them four extra years to meet damage. to lakes, streams, the pollution allowances 'command and control' their cleanup deadline. and forests in the eastern regulations in bringing about However, in a dispute that United States but in Canada the most cost-effective The Washington Post won't be resolved until final as well .... Without being pollution reductions reported: " . .. Under the rules are issued in May 1992, specific, Reilly suggested that possible." EPA plan, 110 power plants environmentalists were the financial incentives in the Midwest and dismayed that the EPA failed brought to the acid rain Appalachian states that are The New York Times said: to be stricter on utilities problem will get serious the largest emitters of sulfur monitoring of their " ... The proposed rules, consideration at EPA for dioxide-the principal cause smokestack pollution. required under revisions to incorporation in water of acid rain-would be Overall, though, controversy pollution control programs the Clean Air Act that passed allocated pollution has been held to a minimum, .. . . He lauded ' the efforts of last year, were welcomed by 'allowances' every year to largely because the EPA held many people, including environmental groups and by begin with. Each allowance unusual advisory sessions representatives from electric industry as a signal that would be good for a ton of with utilities, energy utilities, state regulatory innovation and consultation, sulfur dioxide emitted. At concerns, environmentalists agencies, equipment rather than obstruction and year's end, each plant would and others in drafting the manufacturers, fuel suppliers. confrontation, can guide the calculate whether it had rules. Utilities ... still environmental groups and development of costly new emitted as much sulfur contend the costs for the business community ... . environmental rules .... dioxide as it had allowances producers and consumers I believe that the process we Under the proposal released to cover. A utility that cut its will be higher than the EPA used set a benchmark for today, a coal-fired utility that emissions and had leftover projects. The Edison Institute working together in does better at cleaning up allowance could sell them to expects 10 percent to 15 constructive and productive sulfur dioxide than the the highest bidder among percent rate increases in ways. The child of these regulations require could utilities that emitted more several states, and rate boosts labors is born today and it is accumulate credits for sale to than they were permitted. Or over 20 percent at 10 a healthy baby, full of another company that failed the allowances could be particularly hard-hit utilities. promise."' to clean up enough. In banked for later use in the EPA officials call those

guide should be available at Fuel economy estimates are laboratory conditions for both all new car dealerships. The derived from EPA's vehicle emissions and fuel economy. mpg ratings also appear on emission testing program. EPA has reported fuel the window stickers of all Pre-production vehicles are economy comparisons since new cars. tested under controlled 1974.

NOVEMBER/DEC EMB ER 1991 3 Federal Water Standards to be set Ongoing for 22 States and Te11iiories Paper Pulp Mills Surface water quality to Pay $5.8 Million standards for as many as 105 in Penalties toxic pollutants will be set by 1 EPA for states and territories Louisiana Pacific Corporation that have failed to set their and the Simpson Paper own standards, according to Company, owners of paper an announcement by the pulp mills near Eureka, Agency. Administrator Reilly California, have agreed to pay said: "Many states have $2.9 million each for illegal 1 adopted good water quality discharges into the Pacific standards for toxics-but the Ocean. The agreements were delay of some is forcing us to reached in consent decrees step in, to accelerate the signed by EPA, the control of the most prevalent companies, and the Surfrider toxic pollutants impairing Foundation. The penalties surface water. I hope today's are among the largest ever proposal will prompt states levied under the Clean Water to set toxic standards w11ile Mike Brisson photo. Act. In addition to the they still can under their penalties, the settlements own initiative." require Louisiana Pacific and The Washington Post said: the EPA's stern rhetoric, it Simpson to implement The Baltimore Sun reported: " ... Congress required the was unclear how aggressively treatment measures or " .. . Nineteen states, the EPA to set standards for the enforcement of the tough process changes to abate District of Columbia, and two states to adopt by February federal standard will be toxicity in the mills' 40 territories must complete 1990, and the agency pursued. Although the million gallons of daily adoption of water-quality responded with regulations agency hopes to complete effluent. The decrees are standards by February 19 or for 105 pollutants, including work on the new regulations precedent-setting by the federal government will 61 carcinogens. Among them and put them into effect in requiring treatment systems set the standards for them are such well-known about 90 days, it will take to meet toxicity limits based .... EPA Administrator substances as dioxin, PCBs, five years for them to reach upon impacts to living William K. Reilly said that by lead, benzene, and asbestos. all polluters. Routinely, the organisms. EPA and the the time the three-month Only five states complied on standard will be put into Surfrider Foundation brought waiting period expires-the time, with 26 others falling force only when industries suit against the mills in 1989 clock will begin ticking into line after the EPA apply to renew any of the for persistent violations of November 19, when the EPA indicated plans to impose its thousands of water quality permits issued them under publishes its standards in own standards. It took the permits. In urgent cases, the the Clean Water Act. The tentative form, subject to agency nearly two years to EPA can intervene and make violations resulted in adverse revision after an abbreviated follow up its threat with the new toxic standard part effects on human health and 30-day period for public yesterday's action. The of an existing permit. marine life in Humboldt comment-he expects only long-awaited announcement Possible sanctions against County coastal waters. Colorado and New was propelled by new data violators include heavy fines, Hampshire to have standards from the states revealing government-ordered for all 105 of the toxic 'harmful' levels of toxic abatement, and suspension of pollutants involved .... ln substances in 28,000 miles of operations. But, when states addition to Colorado, New rivers, 3.6 million acres of respond to the EPA nudging Hampshire, and the District lakes, 2,000 square miles of by completing their own of Columbia, the jurisdictions estuaries and 4,800 miles of standards, they may be able involved are Alaska, Arizona, Great Lakes shoreline, to get the federal agency's Arkansas, California, according to the EPA. approval for restrictions far Connecticut, Florida, Hawaii, Forty-four states and less stringent than those Idaho, Kansas, Louisiana, territories have issued announced Wednesday. Michigan, New Jersey, advisories warning against Depending on the Nevada, the Northern eating local fish because of circumstances, the Mariana Islands, Puerto Rico, toxic pollutants concentrated one-in-a-million cancer Rhode Island, Vermont, in the tissue of fish . ..." standard announced by Virginia, and Washington The Los Angeles Times Reilly might be changed to " commented: " . . . In spite of one in 100,000 " ------4 EPA JOURNAL '--,..,~:·, • • '•"' • ,,• ' ..,·~:• r ·.~·· _ •• • ..... :···,~" ... • -~,4'--:-, .~:. ~ ...... :./' . . . . ' .. : -. . . . - ... ,, - ':-... - . . -:_ •.· -.~·' · ....-: ...... -:- ...~.,,~·.·. -~· -~~~ Enforcement Actions Superfund National Director Named; Reforms Announced $9.8.Million Sought sulfur dioxide, and for Illegal Shipment particulate matter under 10 Key reforms to the Superfund Reilly appointed a task microns (PM-10), must obtain program have been force last June to examine the of Chemicals and a permit before beginning announced by EPA, program. They found that Wastes construction. According to including the appointment of management expenditures by the complaint filed by the a National Director and a 20- some contractors, while not Helped by the U.S. Customs federal government, the to 30-person trouble shooting illegal under federal Service, EPA seeks a total of company was aware of the team to serve as a strategic procurement regulations, $9.8 million from requirement, and had applied nerve center. The reforms are appeared to be unjustified. administrative actions it has for a permit, but began designed to improve program Under the reforms, which filed against 21 companies construction before EPA management and they recommended: Internal for illegal import or export of issued it. In addition to the accountability; their objective controls of contracts will be chemicals and hazardous $625,000 penalty, the is to triple cleanup improved; more audits will wastes. A number of the proposed agreement between completions by the end of be performed; all contracts cases involve shipments the government and 1993 and to bring the costs of will be reexamined with an across the Canadian and American Cyanamid includes management down to 20 eye to eliminating Mexican borders. The actions an injunction requiring the percent or less. Richard unnecessary management were filed under three EPA company to comply with all Guimond has been named as costs; poor contract statutes: hazardous waste provisions of the Clean Air National Director. He was performers will be management provisions of Act at its Pearl River facility recently appointed Deputy terminated. Funds are being the R~source Conservation for three years. Violation of Assistant Administrator of provided from the fiscal year and Recovery Act; import the injunction would be the Office of Solid Waste and 1992 budget to speed audits. provisions of the Toxic punishable as contempt. Emergency Response. (See The new National Director Substances Control Act; and July/August Journal.) is charged with overseeing al l export provisions of the In making the announcement, Superfund procurements and Federal Insecticide, Administrator Reilly said budgeting, and with Fungicide, and Rodenticide First Penalty Sought that, as a result of the implementing measures to Act. for Violation of enforcement-first strategy improve contracting and In a related matter, on Laboratory Rules adopted two years ago, EPA accelerate cleanups. behalf of EPA, the had succeeded in getting Nevertheless, most Department of Justice filed EPA has filed a civil private parties to increase site-specific decisions will judicial actions against two complaint in the amount of their share of cleanups: A remain with EPA's regional companies for importing $260,000 against Carter record number of settlements offices. The trouble shooting ozone-depleting CFCs Wallace, Inc. of Cranbury, have been reached, with a team will track progress in without first obtaining the New Jersey, for violations of threefold increase in private site cleanups and will consumption allowances Good Laboratory Practice commitments. What provide an early warning required by the Clean Air regulations, which the agency remained was to accelerate system for identifying Act. had issued under the Federal the rate of cleanups and problems and their solutions. Insecticide, Fungicide, and reduce the cost of managing Rodenticide Act (FIFRA). The them. American Cyanimid 60-count complaint is the Louisville Courier·Joumal photo. to Pay $625,000 for first complaint filed under the regulations. Violation of CAA The complaint charges The American Cyanamid Lambert Kay with certifying Company has agreed to pay a falsely that laboratory studies $625,000 civil penalty for of two of its pesticide failing to obtain a products were performed in pre-construction permit for a accordance with the FlFRA stationary gas turbine at its rules. In fact, an EPA Lederle Laboratories Division inspection of the laboratory facility in Pearl River, New turned up serious York. Under the Clean Air discrepancies. EPA also Act, a facility that has the issued a Notice of Warning to potential to emit 250 tons per AMA Laboratories, which year or more of certain performed the studies. pollutants, including carbon monoxide, nitrous oxides,

NOVEMB ER/DECE MBER 1991 5 lntroducin~ NPS Water Pollution

We can't write permits on parking lots.

by Robert Griffin, Jr.

Sediment, animal wastes, and Mike Brisson pho10. chemicals run off farms into our surface waters.

n this period of public skepticism depleted of life-giving oxygen. Iover government's ability to solve Swimming and other water-contact problems, the results of the Clean sports are again permitted in rivers, in Water Act stand as a refr eshing lakes, and at ocean beaches that once counterpoint. By many indicator:>, this were closed by health officials. legislation-and the programs it has This success, however, is at best generated- m ust be counted as a major only a partial one. Water pollution success. remains a serious problem in most Gross pollution of the nation's parts of the country. Sediment, (Griffin is a Washington-based science rivers, lakes, and coastal waters by nutrients, pathogenic organisms, and writer specializing in health and sewage and by industrial wastes is toxics still fin d their way into the environmental issues. ) largely a thing of the past. Fish have nation's waters, where they degrade returned to waters that were once the ecosystem, pose health hazards,

6 EPA JOU RN AL and impair the full use of water water by nitrate; animal waste from from abandoned mines, pollution from resources. confined animal facilities, which mill tailings and mining waste piles, It is clear that our success in contains nutrients and bacteria that and pollution from improperly sealed combatting the gross pollution of can cause shellfish bed closures and oil and gas wells. Active mines are yesteryear-however incomplete-is fish kills; and pesticides, which can be regarded as point sources by EPA. largely the result of tackling the easy toxic to aquatic life as well as to • Silviculture: Pollution associated things first. We have, in large part, humans. with commercial timber cutting and brought under control the so-called • Urban runoff: Pollutants carried by other forestry operations affects up to point sources of pollution. runoff from such urban artifacts as five percent of surface waters. Erosion These include municipal and streets and roadways, commercial and from deforested lands, and particularly industrial outfalls and other sources industrial sites, and parking Jots affect debris from eroded surfaces of logging that are clearly identified with a roads, produces large amounts of well-defined location or place. sediment which ultimately finds its Government, by requiring permits to way into streams and lakes. Habitat operate such facilities, has created a In some cases, policies of altered by logging can adversely affect mechanism whereby control federal agencies that directly a wide range of plant and animal technology-such as a waste treatment affect land use may species. plant-can be mandated, and the effect of such technology can be monitored. contribute inadvertently to • Construction: New building and It is equally clear that if we are to the NPS problem. major land development projects, continue the progress made over the including highway construction, past Jwo decades, we must now focus produce sediment and toxic materials on "nonpoint source" (NPS) pollution. that have been estimated to degrade up The task of controlling NPS pollution between 5 to 15 percent of surface to five percent of the nation's surface is in many respects more difficult than waters. Urban runoff contains salts and waters. While pollution loadings from controlling pollution from point oily residues from road surfaces and development and construction sources, and requires different control may include a variety of nutrients and activities are generally localized, and strategies. toxics as well. Elevated of limited duration, such activities Nonpoint-source pollution-unlike temperatures-which are typical of have the potential to generate levels of pollution from point sources-is quite urban runoff-can result in "thermal sediment which are typically 10 to 20 diffuse, both in terms of its origin and pollution," contributing to times greater than those from in the manner in which it enters higher-than-normal temperatures in agricultural lands. Severe sediment ground and surface waters. It results nearby streams, reservoirs, or lakes. loads may degrade water quality and from a variety of human activities that Urban runoff discharged from permanently alter wildlife and fishery take place over a wide geographic area, municipal separate storm sewers habitat. Construction activities perhaps many hundreds or even serving populations of 100,000 or more disturbing five acres or more are thousands of acres. Unlike pollutants and stormwater discharges associated considered point sources by Congress. from point sources-which enter the with industrial activity are considered • Land disposal: Between one and environment at well-defined locations point sources by Congress and are five percent of the nation's surface and in relatively even, continuous regulated under the National Pollutant waters are affected by disposal of discharges-pollutants from nonpoint Discharge Elimination System (NPDES) waste on land-largely leakage from sources usually find their way into permit program. septic tanks and the spreading of surface and ground waters in sudden • Hydromodification: Engineering sewage sludge. surges, often in large quantities, and projects, such as reservoir or dam Often, the full effect of NPS are associated with rainfall, construction, stream channelization, thunderstorms, or snowmelt. pollution cannot be measured in terms and flood prevention will inevitably of water contamination alone: Loss of Let's take a look at some of the most result in changes in water flow significant sources of NPS pollution, as topsoil to erosion has a negative patterns. When such changes occur, impact on agricultural productivity identified in EPA's latest published there is often an increase in sediment National Water Quality Inventory: and can cause damage to structures, deposits. By modifying habitat, such roads, and ditches. Sediment can projects may adversely affect aquatic destroy breeding grounds for fish and • Agriculture: Between 50 to 70 life. Between 5 to 15 percent of surface other wildlife. Increased levels of percent of impaired or threatened waters in the United States are sediment mean increased costs for surface waters are affected by NPS estimated to be affected by pollution from agricultural activities. dredging harbors and treating hydromodification. wastewater. Resulting higher riverbeds Pollutants include sediments from lead to greater flooding; and reservoirs eroded croplands and overgrazed • Abandoned mines and other past and lakes silt up more quickly than pastures; fertilizers or nutrients, which resource-extraction operations: Up to promote excessive growth of aquatic 10 percent of surface waters are anticipated. Although the Clean Water Act has plants and contamination of ground adversely affected by acid drainage 7 NOVEMBER/DECEMBER 1991 T PRO E served the nation well in the struggle politically sensitive issue of land use to control point-source polluti on, planning and zoning. environmental experts as well as Under our federal system, regulation Congress acknowledge that this of land use traditionally has been landmark legislation has proved primarily a prerogative of local inadequate in the effort to manage governments. Consequently, Congress pollution from nonpoint sources. The has been reluctant to create a federal Act was amended in 1987, in part to regulatory program that imposes "top • First, measures can be taken to address this deficiency. down" controls on NPS pollution. increase the ability of the land to Under the amendments, all 50 states, Nevertheless, regulation of nonpoint retain water, thereby reducing runoff with guidance and technical support sources clearly is feasible. The State of to streams and lakes. Common-sense from EPA, have conducted surveys and Wisconsin, for example, has enacted a ways to accomplish this include developed "assessment reports" back-up regulatory program that maximizing cover on cropland and defining the nature and extent of NPS imposes penalties on farms that violate other land at all times and using pollution within their boundaries. NPS pollution standards; individual natural channels and drainage ditches, Based on these assessments, the states farms that pollute in a flagrant manner instead of paved ones or sewers , to have adopted NPS management may be regulated as "point sources," transport storm water runoff, allowing programs tailored to address the subject to monitoring and discharge the soil to absorb some pollutant-laden particular NPS problems in their state. limits. waters. Planting grasses or other forms EPA lends financial support to these The new coastal NPS legislation, of vegetation, whose root structures efforts through grants earmarked for section 6217 of the Coastal Zone Act tend to bind the topsoil, will prevent NPS pollution control. Reauthorization Amendments of 1990, erosion. Also, the plant tissues hold Controlling nonpoint sources turns requires states to develop coastal NPS water. out to be a different animal than programs that contain "enforceable controlling point sources. policies and mechanisms" to assure • Second, the kinds and amount of Point sources lend themselves to the implementation of these programs. pollutants swept away in runoff can be traditional regulatory approach, what Thus, while Congress has fallen short minimized. For example, citizens can has been called a "top down" solution: of dictating a particular "top down" be encouraged to recycle waste oil Federal and state governments "at the approach to regulating NPS pollution, properly-not down storm drains. top" establish environmental it is clearly calling for states to beef up Prudent application of pesticides and requirements that industries and their regulatory approaches to NPS fertilizers can reduce runoff of municipalities must meet. control. chemicals from farms. Environmental agencies monitor Control strategies for NPS pollution Using these two basic principles, a pollution control activities "down" to generally proceed from two basic wide variety of NPS pollution control the municipal or industrial p lant level principles, both involving land use strategies have been designed to meet to insure compliance. practices: the special requirements of the Under this approach, EPA defined different categories of NPS pollution. limits-applicable nationwide-on the For example, farmers may choose to discharge of individual pollutants from reserve steeply sloped lands, or lands industrial plants and sewage treatment near riverbeds and lake shores, for facilities. State agencies then enforced permanent pasture or woodland: they these limits through permits issued may employ so-called "reduced tillage individually to point source operators. systems" for crop cultivation-a The responsibility for meeting these technique which minimizes ploughing "top down" regulatory requirements is or soil disturbance, and which typically confined to a relatively few involves retaining grass or residues individuals- primarily industry from previous crops to help hold the executives or municipal officials. The soil in place. Construction of terraces, approach does not require the active contour strips, and grassed waterways support and involvement of the are other means for reducing the general public on a day-to-day basis. velocity and volume of runoff and Pollution from nonpoint sources, in reducing soil erosion. contrast, cannot be controlled by Runoff fro m construction areas can permits governing discharges from be minimized by disturbing the individual pipes or outfalls. There is smallest possible surfaces of exposed simply no practical way to write a soil fo r the shortest practi cal time-for permit for every 100-acre fi eld, or 11 example, by grading only one part of a illE J)EfeJ t>AtJr 1s Au:-use of­ parking lot. Further, NPS pollution construction site at a time. Sediments occurs as a direct result of the use to ~MiE~2L.EM£~~ GIU'tND ~T AVtn, AWP Not.J t>olrff can be contained by erecting "skirts" which land is put, and abatement S"ov llcE 1'oLLVTfON. ,, of canvas or plastic sheeting around strategies must accommodate the areas of exposed soil , or by laying Harley Schwadron. Repri nted with permission. down mulches to hold the soil until

8 EPA JOURNAL attention on control of NPS pollution in general, so recent amendments to the Coastal Zone Management Act have focused specifically on the need for controlling NPS pollution in coastal areas. Environmentalists, marine biologists, and others with an interest in protecting the nation's coastal waters express satisfaction over the prospect that states with approved coastal zone management programs must soon begin to develop Coastal Nonpoint Pollution Control Programs. In developing such programs, states must follow guidance issued jointly by EPA and the National Oceanic and Atmospheric Administration (NOAA). The guidance will describe management measures of proven value Melting snow carries urban pollution into storm sewers. Wide World photo. in controlling NPS pollution. These will include measures which can be vegetation can be established. crop yield over a previous five-year employed to avoid or reduce the Depending upon the topography, it period. A farmer who accepts price generation of pollutants, as well as may be necessary to construct supports may not substitute another actions which can be taken to prevent temporary diversions, dikes, or other crop on the same land unless he also pollution from reaching ground or structures to divert water around has an established "base" for the surface waters. A legislatively exposed soil surfaces. substitute or rotation crop. Such determined timetable calls for the Success in the effort to control NPS artificial impediments to crop rotation, states to complete development of pollution undoubtedly requires finding and penalties for leaving land fallow (a their Coastal NPS programs within 30 good technical solutions to managing fallow year lowers the five-year months following issuance of the storm-water runoff and minimizing average yield), work perversely to EPNNOAA guidance, now scheduled migration of pollutants into rivers, encourage greater reliance on for publication in May 1992. lakes, and ground water. But agrichemicals, including synthetic The promise lies in the hope of identifying technical solutions, alone, fertilizers and pesticides, to overcome many that successful implementation will not be sufficient. Attention must the ill effects of continual single-crop of the program by coastal states will be paid to institutional arrangements cultivation. Similarly, critics of warrant its extension to inland states, and to financial incentives to correct USDA's Forest Service maintain that as well. the problem. Perhaps most the agency's timber harvesting policies Finally, Congress has recognized that importantly, it is essential to convince are biased toward production and do bringing NPS pollution under control individuals, and society as a whole, not allow sufficient consideration for will not be cheap, and it has that there is indeed a problem and a environmental impacts. authorized channeling substantial compelling need for taking action. It should be noted that USDA has federal monies into the effort: A In some cases, policies of federal shown greater sympathy in recent number of grants to states under the agencies that directly affect land use years for the environmental point of Clean Water Act may be used for may contribute inadvertently to the view: Clear-cutting has been reduced either NPS program development or NPS problem, and these must be in the national forests; changes have implementation and State Revolving examined critically with a view toward been proposed to offer greater Funds, capitalized by EPA, may be change. Such policies and programs flexibility to the price support applied to implementation of NPS include, for example, U.S. Department program. programs. In addition, many states are of Agriculture (USDA) farm There is promise in steps that are financing their own NPS control commodity-price and income-support being taken to control pollution of programs. programs and USDA policies coastal waters from nonpoint sources. The effort to control NPS pollution governing timber harvesting from the Protection of coastal waters is an will not be easy, nor can it be national forests. especially sensitive issue. This fact is accomplished quickly. It certainly will Currently, more than two-thirds of surely due to the well-recognized not be inexpensive. But the price of all cropland in the United States is public health hazards, as well as insult avoiding this issue, or of continuing enrolled in USDA to aesthetic sensibilities, associated delay, grows daily. It is measured in commodi ty-pri ce/income~su pport with pollution of bathing beaches and terms of the nation's health, and in the programs. Farmers receive price commercial fishing and shellfish degradation of our irreplaceable water supports according to a "base acre" habitat. Just as the amendments to the resources. o formula which reflects the average Clean Water Act have focused greater

NOVEMBER/DECEMBER 1991 9 THE PROBLEM fertilizers to help crops grow . For years it was commonly believed that such chemicals would either remain on top Aricultural Chemicals: of the ground or would degrade before they could reach the ground water. But recently, drinking water samples were found to contain nitrates, nearly all of which came from fertilizers T Karst case which seeped into the water. Many e samples were below the 10 In the land of sky blue waters, wells are polluted. parts-per-million standard set for drinking water by EPA, but they still showed amounts higher than would be by John Weiss found naturally. Now and then, some were found in high enough doses to harm infants or young cattle. (High nitrate levels can interfere with the ability of blood to carry oxygen.) Besides nitrates, some common innesota, land of sky blue waters, Being porous, the rocks contain huge pesticides, such as atrazine, have also land of 10,000 Jakes, land of tall amounts of water, many times more M been found in the water. What low pines ringing clear lakes and streams. than is found in all the streams and levels of such pollutants will do over This is the common image of the state. lakes of the state, except for Lake the long run isn't well known. But the state and its water have Superior. The southeast, in other When the settlers came, they also another side, one that presents unique words, is a huge reservoir of ground drilled wells to tap the ground water. beauties, and unique problems, for its water. It is formed in three basic layers But they usually didn't bother to people and their drinking water. That separated by rock that lets no water protect the wells. Consequently, the side is found in the southeastern through, or only lets it trickle through. wells became not only a conduit for corner, in all or parts of six or seven Besides being porous, the rock often water to come up, but also for counties. In these counties, the glaciers is fractured, especially near the pollution to go down. In some cases, never left their mark with deep topsoil surface. Unfortunately, it is not where wells were too close to feedlots and lakes. consistent in this regard, making the or home sewage systems, people In many places in these counties, study of ground water challenging and literally drank their own waste or that there is little topsoil to filter pollutants frustrating. Rock may be quite solid in of their cattle. from water before it gets into the one place, and badly fractured just 10 sandstone or limestone that is often feet away. Some limestone areas have only several inches or several feet large caves that have been gouged out below the surface. by underground streams. What that means is that whatever is Because the rock is porous and put on the surface, be it pesticides or fractured, jannik says, the best way to fertilizers , often quickly ends up in the think of it is not as rock but as a subsurface, or ground water. It is a sponge that may suck up any problem that began to surface about 15 pollution. Where the pollution goes years ago in the realization of some when it's under the ground is hard to health experts, and in the last decade predict, but it does go down, although in the minds of most of the region's it often takes centuries to reach lower residents. levels. A short geology lesson is needed to Karst became a problem when understand the phenomenon known as settlers came to the region and turned karst, an area of porous, fra ctured rock. much of the former prairie and woods According to Dr. Nancy Jannik, a into farms or pastures. Although there professor of geology at Winona State isn't a great amount of topsoil, much University, rock formed at the bottom of the region is still heavily farmed. In of ancient, warm seas sometime within flatter areas, at the top or at the base of the last 600 million years. Sands bluffs, there are large fi elds of corn or deposited there became sandstone; soybeans, the two main cash crops. marine creatures became limestone; There are also large hay or alfalfa muds compacted into shale. fie lds for cattle, another mainstay of the farming industry. Some areas, When rock is dissolved by ground water, which are too rolling for planting cash the land surface may cave in, forming (Weiss is an environmental writer with corps, are used for pasture for beef or sinkholes. the Rochester Post-Bulletin. He has dairy cattle. covered water quality issues for 15 Farmers use pesticides to keep years.) grasses and insects at bay and

10 EPA JOURNAL Still another problem, besides little topsoil or bad wells, are sinkholes, according to Laurie Hassler, who works on water protection for the Soil Aricultural Sediment Conservation Service in Olmsted County, in the center of the southeast. Those holes are simply areas where the rock has been eroded from below, and the surface has caved in. They are Te case of Otter Creek direct links from the surface to the ground water. Olmsted County has Erosion can smother fish and aquatic plants. about 800 such sinkholes; Fillmore County, to the south, is the sinkhole capital of the southeast, with several by David Wann and Jack Wilbur thousand. Because they were of little use otherwise, sinkholes were often used for dumps. Included in the debris were unrinsed herbicide or insecticide containers. In the cases of two towns, hinese leaders expressed it well grasses, sagebrush, and juniper.) sinkholes opened below sewage Cmore than 3,000 years ago: "To The effects of wind, water, ice, and lagoons, allowing thousands of gallons protect your rivers, protect your excessive grazing can combine to of untreated (or semi-treated) sewage mountains." The same Earth that is a deposit soil in creeks and streams, to flow into the ground water. critical resource on wilderness terrain which in turn changes the stream's As farming became more developed, or grazing lands becomes a shape, temperature, and biological chemicals and fertilizers were used pollutant-sediment-when it washes capacity. Eroded soil can smother fish more, and problems became worse. into creeks and streams. Otter Creek in habitat and deplete dissolved oxygen. Now, in large part due to chemicals, central Utah is a good example. Many species of aquatic plants cannot but also because of urban pollution, The Otter Creek watershed is a thrive because of the cloudiness of the throughout the region the top layer of tributary to the Sevier River system, water. Downstream, reservoirs fill up ground water is too contaminated to which provides municipal, industrial, with silt, reducing their storage use for drinking or cooking, the middle and agricultural water to several capacity and biological vitality. layer is in good shape, and the lowest thousand downstream users. Because What are the causes of this chain of one is still good. But towns built along of its deteriorating condition, Otter events? In most cases, a whole series rivers usually don't have all three Creek is near the top of Utah's priority of activities occurring both in upland ground-water layers. They may already list of areas requiring immediate pastures and streamside ("riparian") be using the lowest one. If that is action. The bull's-eye is good water meadows. Like humans, whose major polluted, they are out of luck. There is quality in the creek and downstream cities are located on rivers, livestock very little water below. reservoir, but the target includes and wildlife tend to congregate along Policy makers and others in the 240,000 acres of riparian and upland streams and creeks, especially in hot region have begun to respond to the range operated by the Bureau of Land weather. When upland vegetation problem. Nine counties have formed a Management, the U.S. Forest Service, deteriorates, livestock rely on joint powers board through which they the state of Utah, and private owners. streamside forage even more than can work together to reduce the The story is a familiar one, yet one usual. This heavy concentration may amount of contamination going into that is ecologically complex. cause trampling of the overhanging the water. Agricultural experts are When rangeland condition is streambanks that are ideal as fish helping farmers to use fewer declining, native grasses tend to be habitat, filling in the pools where fish chemicals, use them more effectively, replaced by vegetation that doesn't feed. Excessive grazing also depletes and recycle pesticide containers. In the adequately hold the soil in place. (At the lush vegetation that typically case of nitrates, studies have been Otter Creek, sedges, blue gramma grows on the banks of streams. made to help farmers determine just grass, and aspens are steadily being Poorly managed grazing in riparian how much fertilizer they really need, replaced by more shallow-rooted zones often removes young tree and so that excess fertilizer doesn't end up shrub seedlings, leaving species that in drinking water. This also saves are not only less palatable but also less them money. capable of holding streamside soil in As for the sinkholes, Hassler said the (Wann works in the Policy Office in place. The removal of vegetation along region recently received a state grant to EPA's Region B; recently he produced the stream causes elevated water see if it's possible to divert runoff television programs on hazardous temperatures that are intolerable to around them. It's too expensive to seal waste, transportation, and sustainable fish species such as trout. And it leads them, and the seals don't always work. agriculture. Wilbur is a public to the bank erosion that makes streams However, with diking or other devices, information specialist with the Utah wide and shallow, a condition that runoff can be kept out of the sinkholes, Department of Agriculture, further raises temperatures. and out of the ground water. o specializing in nonpoint-source water Over-utilized vegetation loses its pollution issues.)

NOVEMBER/DECEMBER 1991 11 OBLEM vigor. The roots become less healthy Conservation District, and the towns of integrates climate, soils, vegetation, and the plants may eventually die Angle, Greenwich, Koosharem, and livestock, wildlife, and stream back, leaving exposed soil that is Burville. conditions into a single, living system, vulnerable to runoff. To be healthy, Participants in the project will benefiting not only the farmer but the both upland and riparian areas need a perform remediations such as the community. Throughout the Otter mix of vegetation that provides a exclusion of cattle from critical Creek watershed, for example, local "pathway" for water to soak into the riparian areas, range seeding, brush business will benefit by increased sales ground, and tenacious roots to hold management, streambank stabilization, to recreational users, hunters, and streambanks together. A healthy and in-stream structures to improve fishermen. Sometimes the benefits can mixture of plant species stabilizes soil fish habitat. range much further, as in the case of so the pasture can withstand natural Range managers and ecologists have birds and fish that use a watershed challenges like thunderstorms, found that streamside vegetation can and then migrate to a different region. flashfloods, and rapid snowmelts. sometimes become so depleted that In the rangelands of the West, riparian The decline of a watershed can even a long "rest period" from grazing zones are less than three percent of the happen quickly, or it can beslow and won't enable it to regenerate to a land area, but they provide habitat for difficult to detect. But the end result is vigorous, productive state. In such 80 percent of the wildlife species. the same: a hydrological system that is cases, clearing away unproductive Poor water quality in a stream such literally going down the drain. brush and reseeding grasses and as Otter Creek can be a symptom of A wide variety of agencies and willows is called for. poor livestock management. In the groups are attacking the causes of Otter In other situations, a change in past, range managers have tended to Creek's malaise: The state of Utah's grazing patterns is enough to bring the focus their attention on the Departments of Environment, pastures and riparian back to life. maintenance of vegetation and the Agriculture, Wildlife, Parks, and Using fencing systems that permit productivity of the livestock. Fish and Recreation are working closely with the managed rotation of their herds, wildlife managers have stressed federal Bureau of Land Management, ranchers move the cattle before they in-stream conditions and fish Soil Conservation Service, Forest can damage the grass. Gradually, the populations. At Otter Creek, experts Service, Environmental Protection pastures gain back their vigor; water have literally found common ground: Agency, Agricultural Stabilization and tables rise, as snowmelt and rain soak Taking care of riparian as well as Conservation Service, Utah State in, rather than running off. upland vegetation can result in University Cooperative Extension At Otter Creek and elsewhere, the high-quality cattle, as well as "happy" Service, Piute County, Piute Soil key is to devise a strategy that fish. o

Livestock graze along Oller Creek, trampling its banks and causing eros ion.

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12 EPA JOURNAL Ul1Jan Runoff: CAPE COD BAY Tile Example of Barnstable~ ATLANTIC OCEAN The aquifer of a Cape Cod town is threatened. by David Still II

overing an area of 64 square miles, of 41,000 increases to nearly 70,000 in and with over 100 miles of the summer. shoreline, the town of Barnstable is the There is a convergence of problems Centerville largest community on Cape Cod, a within Barnstable that are directly peninsula that juts into the Atlantic attributable to the urbanization of the Ocean from Massachusetts. Although town. Over the past 20 years, the the town is properly called Barnstable, demands placed on the town's natural most people more readily identify with resources have grown along with the NANTUCKET SOUND its urban center of Hyannis. Hyannis, ever-expanding population. To house however, is just one of seven villages this population, there were two major that comprise the town. building booms, one ending mid-way Barnstable is 70 miles south of through the 1970s and the other in Of particular concern has been the Boston, and it serves as a retirement 1988. Whether the building booms increase in the number of septic and summer recreational area for contributed to the population increase systems discharging wastewater into Boston, the rest of New England, and has been the focus of some debate. the ground. Only about 15 percent of parts of Canada. Most jobs are in Whatever the answer, Barnstable has residences hook into the town sewer. tourism, construction, fishing, shellfish had a difficult time keeping pace. When construction of the wastewater harvesting, and, more recently, light Protection of the aquifer has been a treatment plant started in the early industry. Thirty-four percent of all jobs major concern. Most of the ground 1970s, the thought was to build one are in retailing; an additional 31 water is still drinkable without each in the eastern and western parts percent are in service industries. treatment. However, some problems of town, eventually connecting all The Cape Cod peninsula was formed are emerging: residents to a collection system. This during the most recent Ice Age. The • One public supply well in the thinking went by the wayside because ice sheet acted as a conveyor belt in Hyannis industrial park has been shut of lack of funding, and because it has depositing a thick layer of glacial till. down due to chloroform since been found impractical to As the ice sheet melted, runoff washed contamination; a second due to freon connect all properties to the system. through the deposits and transported contamination. Barnstable is working to identify sand southward to form an out-wash sewage-related problems and to target plane on the south side of the Cape. • Ground water is being treated at two areas for improvement. At an original Consequently, the southern half of locations because of gasoline leakage projected cost of $2.5 million, a Barnstable has extremely porous sands from underground tanks. facilities plan was to have identified and gravels. The northern half is more • Elevated nitrate levels have been the areas of the town where upgrading varied, with alternating areas of clays, found in densely populated areas sewage collection technologies was a sand, boulders, and silts. A single large where septic systems are used. main priority. The plan has been aquifer lies under the town; it is the scaled back significantly because of a • High bacterial counts have been only source of drinking water. reduction in funding by the found in some densely populated Barnstable has been one of the Commonwealth of Massachusetts. coastal areas where the water table is fastest growing communities in the Although the entire project wiD high and where septic systems are Northeast, more than doubling its eventually have to be completed if population in the last 20 years. used. Barnstable is to comply with state and Currently, the year-round population • The ground water feeds coastal federal grant requirements, the town is estuaries with contamination. being allowed to stretch the upgrade Eighty-five percent of the nutrient over the next several years so as to (Still is a reporter for the loading on one Cape Cod bay came lighten the financial load. The primary Barnstable Patriot.) from the ground water. effort will be focused on the

NOVEMBER/DECEMBER 1991 13 THE PROBLEM wastewater plant and the plume of by storm runoff has always existed, but system by the first 19,000 gallons; the contaminants emanating from it. only recently has there been an effort overflow discharging directly into the Protection of the aquifer is vital to to curb its effects. If successful, the harbor will be relatively clean. the future of the Cape and the town of technology used at this site will be To test the effectiveness of the Barnstable; the quality of the town's used as a model for other town-owned ground soils as filters, three ground coastal waters is also a primary sites, as well as for shoreline water monitoring wells were placed on concern. protection elsewhere in the state. the site: one before the system, one Stretching the entire north-to-south To determine the extent of the just after it, and another closer to the span of the Cape, Barnstable has two contamination at Scudder Lane, water shoreline. distinct shorelines. The south side, samples were taken from the harbor The final touches on the project with five separate bays and many more before, during, and after a storm. These were completed mid-way through estuarine systems, abuts Nantucket showed bacteria counts measuring 7 to November, and the town has not had Sound, which is warmed by the 10 parts per million (ppm) before a the opportunity to fully test its northerly flow of the Gulf stream. The storm, jumping to 1,450 ppm during a effectiveness. However, early north side, with its one major harbor storm and returning to pre-storm levels indications point to improved water and 5,000 acres of marshlands, outlets two to three days later. quality in the immediate area. to the much colder waters of Cape Cod The plan to reduce contamination Infiltration systems for the other Bay. had to take into consideration the fact areas identified in the surveys are As developers continued paving or that the amount of town-owned being designed by the town's otherwise occupying large areas of property at the site was limited. engineering department. The goal is to previously undisturbed land, the Therefore, the first step was to see if recapture the large shellfish areas ability of the area to handle the contamination could be cut off at closed because of high pollution stormwater declined. Tbe common the source. A sanitary survey found counts. It is estimated that well over method of dealing with the additional that all four homes in the watershed $2 million in stocks were lost to runoff was to redirect it off site or into had properly functioning septic contamination in 1990. the ground as quickly as possible, systems and did not contribute to the Stopping the direct discharge of which managed the volume of water high bacteria counts in the storm stormwater into coastal waters is key but not the quality. Water quality has water. In the end, the sources were to reducing contamination, but it is become an important issue with regard determined to be diverse and just one of the problems Barnstable has to runoff. undetermined, leaving treatment of the to come to grips with in terms of In recent years, the town has been stormwater itself as the only viable eliminating coastal pollution. Other sensitive to water quality when alternative. sources, such as wastewater discharges correcting drainage problems close to Treating the runoff could have been from boats, failing septic systems on the shore. Rather than installing outfall done in a number of ways. A coastal properties, and wildlife pipes leading directly into the water, town-hired consultant looked into pollution also contribute to the they built gravel and rock filtration chemical and ultra-violet disinfection, problem. Before they can be addressed, beds or created grass swales for water and into using wetlands for filtration. the town will need additional to drain through before discharge. But However, a man-made infiltration manpower, as well as a reliable source many pipes built both privately and system seemed the best solution on the of funding. o publicly in the past are still in basis of cost effectiveness and amount existence. of maintenance. Moreover, such a Water sampling conducted at various system would use existing technology locations in the town identified no less that the town could service itself. than 50 sites where stormwater ln simplest terms, the town built a discharges needed to be treated. After huge septic system to catch stormwater closer scrutiny, 12 of the 50 were as it made its way to Barnstable classified as high priority. The Harbor. The water collects in large town-owned boat ramp at Scudder catch basins that discharge to leaching Lane topped this list and was selected fields. Direct flow into the harbor is as the location for the town's first stopped. Once in the system, the water proactive stance on treating stormwater seeps into the ground and eventually discharge. resurfaces through the harbor floor. The Scudder Lane ramp is a popular Ground soils filter out contaminants access to Barnstable Harbor and its before they get to the shellfish beds. bountiful shellfishery, used heavily by The collection system was designed both commercial and recreational and built at a cost of $105,000, with a fishermen. The housing and road capacity of 19,000 gallons per storm. development around the Scudder Lane This is large enough to treat all runoff ramp has not changed very much in from typical storm events, but larger the past 20 years. The homes in storms will inundate the system. In existence today are the same ones in these cases, the majority of the existence then. Contamination caused contaminants will be taken into the

14 EPA JOURNAL logging: The Washington State Situation As stream habitat is altered, the small fry are leaving. by Stephen Ralph

n Washington State, especially on steep, unstable watersheds have had a known locally as "chinooks." The Ithe wetter western slopes of the significant impact on the survival of streams found within these basins Cascade and Olympic mountains, the the region's once abundant fisheries have to carry a larger volume of water preferred mode of timber harvesting is resource by altering the fundamental during more frequent periods of the clear-cut logging. During this character of stream habitat that salmon year than normally. operation, trees are completely depend upon. The magnitude and Logging in steep unstable areas can removed from the landscape, and extent of these impacts are difficult to weaken the thin soils held in place by everything not of commercial assess because of the sheer size of the root balls of mature trees. Hills having value-limbs, root wads, shrubs, dead area. In some places, impacts from thin unstable soils can become further or diseased trees-are either piled and Jogging done as long ago as 60 years weakened when roads built along their left on site or burned. Once have left an indelible mark on the slopes interrupt the runoff of rain and clear-cutting has occurred, an area is stream habitat. melting snow and channel it. Areas planted and left to regrow to Extensive removal of forest below culverts become supersaturated commercial size for 40 to 120 years, vegetation within a basin changes the with water, which can cause large depending upon the conditions at the volume of water that runs off the areas of the slope to slide downhill, growing site and the demands of the slopes of the watershed. Without the carrying logging debris, rocks, soil, and market place. The growing and harvest complex of trees, shrubs, and mosses whatever else is in the path into the cycle then begins anew. that act like a sponge, water runs off stream channel. When the amount of Many of the extensive timberland the hillslope more quickly. Snow that sediment entering the stream is areas of the state have been harvested accumulates in clear-cuts melts faster excessive, spawning beds are silted in this way two or three times in than a comparable amount falling in over, and pools used by juvenile succession. In the process, old growth mature timber stands, especially salmon are filled. When excessive forests of spruce, hemlock, fir, and during frequent winter warm spells sedimentation is coupled with large cedar have been converted to tree brought by Pacific Ocean windstorms storm events that yield intense periods plantations for growing the most commercially valuable species. Except on federal timber lands, there are no Adult sa lmon returning to natal stream. Th ey have become genetically limits on the size of clear-cuts, even in fine tuned to their birthplace. a basin already substantially cut over. In some areas, square mile after sq uare mile of clear-cuts punctuate the landscape. Timber harvesting in Washington state is big business. The forest products industry pumps $8 billion into Washington's economy annually. .; The predominant land use on nearly u 42 percent (18 million acres) of the t area is (or recently was) commercial Vl" ~ production of timber and related forest ~ products. 3:

NOVEMBER/DECEMBER 1991 15 LEM of rainfall, the capacity of the channel and sport fishermen will fight the to convey the flood level flows is rain-swollen rivers to ascend to the severely reduced. The results can same reach from which they emerged include extensive stream bank erosion as juvenile fish. After a spawning pair Abandoned and the altering of habitat features builds their nests in the gravel beds of such as pools and riffles. rivers and streams, thousands of eggs The most significant result of timber are deposited, fertilized by the male, harvesting within the riparian zone and covered with gravel to protect the eggs during development. The cycle Mines: relates to the removal of big trees that border streams. In the old growth repeats itself as it has done for condition, trees fall into the stream thousands of years. Over the ages, and form deep pools, store gravel stocks of salmon returning to a moving downstream, and provide a particular river have evolved to Report from buffer to the impacts of large flood become genetically "fine tuned" to the flows. Streams no longer shaded by unique characteristics provided by that riparian trees are subjected to stream. Their unique life history makes increased warming from sunlight. salmon susceptible to changes in rivers Temperatures within the stream can that can break the critical fresh-water West Virginia reach sublethal levels for adult and link that ensures their survival. juvenile salmon and trout alike. The standard approach to protecting Abandoned coal mines still Enter the salmon, the quintessential the fish is to impose stricter controls drain acid into streams. icon of Washington State. Salmon and on timber harvesting. The problem their cousins, the trout, need access to with this approach in the past is that it by Lyle Bennett streams having clean wa~er and clean hasn't allowed flexibility to adjust gravel to successfully complete their "rules" to the conditions found at a complex life cycle. Salmon are a major particular site. In Washington, export in international trade, and they regulations governing logging were he first recorded mention of coal in contribute nearly a billion dollars imposed for the first time in the early TWest Virginia was by John Peter annually to the economy through 1970s. Environmental groups, Indian Salley, who, in 1742, found coal on a commercial, sport fishing, and their tribes, state agencies, and timber river which he subsequently named secondary markets. Although salmon companies, warring for years over the Coal River. At the beginning of the stocks native to our rivers were once tighter restrictions, reached an interim 19th century, the only people using abundant beyond imagination, their agreement in 1987 on a set of rules West Virginia coal were crossroad future status is at best uncertain due to that did allow some flexibility. These blacksmiths and the pioneers whose a list of challenges that include not rules impose "best management cabins happened to be situated near an only timber harvesting, but practices" (BMPs) that are presumed to outcrop. overfishing, urban sprawl, hydropower give a reasonably good chance of By 1840, mining operations were dams, and agricultur~all related to minimizing impacts on water open in eight of the Virginia counties society's sometimes contradictory resources. They include leaving a which later became part of West expectations for resource production certain number of trees along streams, Virginia. By the end of the Civil War, and conservation stewardship. placing culverts of the proper diameter in the northern part of the state, the Seven species of Pacific salmon and under logging roads where they cross Baltimore and Ohio Railroad provided sea-run trout return to the freshwater streams, and restricting harvesting and an overland outlet to the east and the rivers and streams of Washington. road construction in areas with west. Over the next several decades, as Over the millennia, they have evolved unstable soils or geology. the transportation network improved, a pattern of life that takes advantage of All parties to this issue sincerely coal mining developed into the state's the best that both rivers and oceans want to employ effective strategies that predominant industry; it remains so have to offer. Salmon eggs, deposited will afford protection to water quality. today. In 1990, West Virginia was the in nests built by adult fish in the However, because of the differing nation's third largest coal-producing gravels of cool water rivers, hatch tiny environmental conditions found from state, with an annual tonnage of juvenile fish called fry. When the fry one site to another, it seems unlikely 170,692,238. have grown to the size of an index that a BMP applied to one area will More than two-thirds of the finger, they begin their long journey always give the same desired "mountain" state's 24,282 square miles downstream and out to marine waters, protection when applied to another. To lie within the Appalachian bituminous where they graze and grow for two to compound the matter, timber harvest area. West Virginia is acknowledged as four years. permits are routinely assessed without having the most valuable fuel deposits At maturity, adult salmon return a critical understanding of what the in the United States. The coal lies in from their oceanic pastures to their conditions are like in the entire 10 fields; the fields entail 39 of the natal streams. They employ an watershed. Cumulative impacts from state's 55 counties. amazing sense of navigation to make past logging and roading are largely this journey, that can be measured in ignored when approval is given to add (Bennett is Nonpoint-Source Program the thousands of miles. Those that yet another 200-acre clearcut to the Leader with the West Virginia Division escape the armada of the fishing fleet landscape. o of Natural Resources.)

16 EPA JOURNAL Coal mining is, and probably will information, 2,852 miles of streams Reductions in pollutant levels were continue to be, the major conomic currently are affected. remarkable, considering the force in the state. Unfortunately, coal With the advent of the Federal Clean technologies available. Mines sealed mining has left behind thousands of Water Act in 1972, several miles of through this effort originally abandoned mines, which collectively streams improved in quality, as active contributed an acid load of 402,787 form the number one nonpoint water coal mining operations were forced to tons per year. After sealing, 261,800 pollution source in West Virginia. treat discharges before they left the tons per year, or 65 percent, were Abandoned mines contribute to site. As beneficial as this law has been removed. The sealing program was widespread water quality problems. in regulating active mine operations based on the theory that eliminating Where topsoil and vegetation have however, it was not designed to most of the oxygen and reducing the been removed from the surface, address the problem of drainage from available water would prevent the fractured rock is exposed to oxidation already abandoned mines, nor was it formation of acid. The theory remains and leaching. Various elements intended to prevent problems arising the basic principle used today. dissolve and flow into streams along from newly abandoned operations. Numerous research and with sediment. Erosion of disturbed In 1977, the Surface Mining Control demonstration projects have been soil from abandoned surface mines or and Reclamation Act (SMCRA) became carried out since the 1930s Sealing refuse piles creates turbidity, law. Under this law, to qualify for Program. They range from the sedimentation, and siltation, which reclamation funds, each state had to simplistic to the exotic. The dilemma can lead to stream cloggings, loss of inventory its abandoned mine lands. of controlling acid drainage after a fish spawning gravels, or removal and By December 1990, the 13th year of mine is abandoned, however, still compaction of stream bottoms. Studies SMCRA, $115 million had been spent confronts government agencies and indicate that sediment loads from to reclaim 417 areas in West Virginia. industry. uncontrolled surface mines may be up However, 394 new problem areas have The research has shown that each to 2,000 times greater than runoff from been created since the law was passed. mine discharge exhibits different undisturbed forests. Currently, there are 4,000 areas in the characteristics. What works in one Drainage from underground mine state's inventory. situation will not necessarily work in openings or runoff seeping through During the past 50 years, great another. In West Virginia, the primary refuse piles or surface mine spoil may strides have been made in reducing the focus is on correcting pollution alter water chemically. The results can problem of erosion through regrading problems through natural processes. be devastating for aquatic life, water and revegetating of abandoned strip Recent years have seen numerous supplies, recreation, and agricultural mines. This aspect of reclamation and industrial usage. should be nearly 100-percent effective Most chemical pollution results from when using current technologies. the oxidation of sulfide minerals. The Unfortunately, many mistakenly reactions lower the pH of the runoff, believe that returning a mine to a lush creating acid mine drainage (AMD). green pasture cures all its ills. While it Solids dissolved in AMD may contain does minimize erosion, it often ignores significant quantities of iron, the source of acid mine drainage. aluminum, calcium, magnesium, The first intensive efforts to control manganese, copper, zinc, and other acid mine drainage were made by the I heavy metals. Acid mine drainage has U.S. Public Health Service during the been the most serious water pollution 1930s. They were aimed at reducing problem plaguing West Virginia during drainage by sealing openings to the 20th century. abandoned underground mines. Prior to the 1960s, with no laws in place to protect water quality, many coal mine operators ignored the effects pollution was having on rivers and streams. Federal studies conducted during the 1960s found that 3,100 miles of streams were impacted by mine drainage. Information gathered in the 1980s indicates that little improvement has been made. The data, incorporated into the West Virginia Nonpoint Source Assessment in 1989, show that 96 of the state's 315 watersheds are impacted by drainage from abandoned coal mines. According to this

NOVEMBER/DECEMBER 1991 17 man-made wetlands installed to act as filters to collect and absorb the materials found in acid mine drainage. More advanced wetlands incorporate Construction: alkaline recharge zones to neutralize the acid. Modifications of the mine sealing theory have been demonstrated as well. They involve sealing the underground mine and piping the The Whitemarsh Case water to an alkaline leach bed. Here, the water trickles from a series of Only the blacknose dace perforated pipes through 5 to 10 feet of will live in Whitemarsh Run. limestone before discharge. The process provides both oxygen reduction and neutralization. Metals by Karl Blankenship drop out, and pH levels increase to within water quality standards. Other abatement systems treat water ne Saturday afternoon in the early In the past few decades, the through a combination of trenches and 0 1970s, Richard Klein was hiking watershed has become home to two wetlands. The trenches are filled with along a neighborhood stream, expressways, subdivisions, town alkaline material, which reduces the Whitemarsh Run, when he noticed a houses, shopping centers, and all the acidity of the water and adds alkalinity thick ribbon of mud pouring into it usual accompaniments of modern in the absence of oxygen. Outlets for from a tributary. He turned to suburbs. Sediment runoff from these the trenches lead to man-made investigate. "f came across a hill that activities has been as deadly as an oi l wetlands, where the water is cleansed was totally cleared," he recalled. "In spill, choking aquatic life out of the of metals before discharging into a fact, the bulldozers were still running stream, causing flooding, and perhaps stream. over it." altering habitat forever. Although all these reclamation The bulldozers were preparing the Klein, who grew up in the area, practices have merit, unless acid site for a town house development. founded Community & Environmental drainage from abandoned coal mines is They had exposed springs, which were Defense Services, which helps citizens addressed on a watershed basis, it will eroding ruts in the slope. Mud oozed to make sure that developers minimize continue to cause serious water into a small stream at the foot of the impacts during construction. He pollution problems in West Virginia. embankment. recalled that the streambed at times As part of the West Virginia For years, scenes like this were all was totally obscured in a field of dirt, Nonpoint Source Program, the Middle too common in the Whitemarsh Run bulldozers plowing where fish once Fork River Watershed has been chosen watershed, a 17-square mile area just swam. "There used to be three ponds from the state's inventory and east of Baltimore. It is the largest-and where we would catch tadpoles and established as a National Pilot most heavily developed-tributary of frogs when I was a kid," he said. Demonstration Watershed Project. The the Bird River, a three-mile long "They were silted in. They were 100 project is designed to develop a more estuary that connects several small feet from the stream, but they got filled effective and coordinated federal/state waterways to the Chesapeake Bay. in when the stream would flood its approach to resolving acid drainage Once a rural area where farms and banks and carry sediment into them." problems from abandoned coal mines forests covered the rolling hills, the Klein is building a grassroots through the use of innovative Whitemarsh Run watershed underwent movement to watchdog construction reclamation practices. intense construction as Baltimore sites with the slogan "save a stream for Without a doubt, acid mine drainage sprawled across its borders. a century"-a slogan stemming from will continue to be an environmental The construction boom that poured the premise that it takes a century for a chall enge in the current decade. West countless tons of "mud pollution" into stream to recover from construction Virginia will contin ue to seek the stream was the latest wave of activity. Indeed, in the case of long-term solutions based on pollution degradation. For centuries, farming Whitemarsh Run, recovery is years and prevention. But long-term solutions activities had contributed sediment to probably millions of dollars away. will also require changes in behavior. the waterway; in latter years, the area Baltimore County is in the midst of a In the Middle Fork River Pilot was mined for sand and gravel. Then, year-long study to determine what it Demonstration Watershed Project, state in the 1960s, the construction boom will take to restore the watershed. Its and federal agencies are proving they began. Acres of land were laid bare by problems are many. can get away from traditional roles and the bulldozer at a time when controls The building boom brought new and work as a team. The prognosis for on sediment runoff were not required. bigger roads. Often, engineers forced curing acid mine drainage will ' the stream through narrow concrete improve when duplication of efforts (Blankenship is a free- lance culverts below the pavement. When are eliminated, and funding sources writer and Editor of the Bay journal. a sediment-laden water funneled are grouped. o publication of the A11iance for the through, it had the impact of a Chesapeake Bay.) sandblaster: On the downstream side

18 EPA JOURNAL ' ---

.• of the culvert, it literally scoured away the streambed. Not only were the . . streambed and banks destabilized, a barrier to fi sh was created when the bed was eroded below the level of the culvert. In one place, the bed dropped almost four feet. Migratory fish couldn't swim upstream. In parts of the watershed, stream channels were bulldozed, moved and straightened. More like a canal than Maryland now has tough runoff control laws, but past damage remains. Fast flowing water through this culvert eroded the treambank. natural waterway, the channel that was left had no natural fish habitat, such as pools, or hiding places from predators. within 14 days. when the construction boom was During a recent drive through the getting underway? Is it worse now? It's In 1986, the state graded the watershed, for example, Klein found a really not documented," said Robert watershed as "fair", the next-to-lowest highway construction site where the Ryan, who is project manager for the mark on its four-point rating system. steep slopes were covered with mulch county's Bird River study. '"Before, we Fair meant it suffered intermittent to prevent erosion. Lines of sediment had all the uncontrolled sediment but "severe degradation" or "moderate fences lined a small stream in the not as much stormwater." continued degradation." Also, "few if valley. These controls, Klein said, Whitemarsh Run comprises 60 any sensitive species occur" and those would make a "dramatic difference" in percent of the Bird River watershed. that do are "pollution tolerant." controlling runoff. But even the best Part of the restoration will include "I distinctly remember about a dozen controls are not 100 percent effective. dredging the sediment out of Bird different species, and I watched them Thomas Vidmar, Chief of Baltimore River, itself, to make it more useable decline," Klein said. "All that we have County's Bureau of Engineering for recreational boaters. Officials left is the blacknose dace, which is Services, estimated that such controls recognize that dredging won't solve the about the most urban-tolerant species are, ideally, 70 to 75 percent effective sediment problem, unless the upstream that we have." in trapping sediment. "Once you start issues are addressed. That would Elsewhere, tree cover, which helped dramatically changing the land use, require, among other things. costly moderate water temperature for fish you start to have an effect that controls projects to install storrnwater control and secure banks from further erosion, can't fully mitigate," Vidmar said. devices, such as settling ponds, in was removed. Sand bars popped up in "When you have an active areas developed when such measures the stream channel where there had construction site, you're going to get were not mandated. The total tab been none before. Before they could be erosion." easily runs into millions of dollars. secured by vegetation, they would These programs require heavy Ryan said. wash away to another location. As the enforcement to be effective. In 1990. Restoration of Whitemarsh Run will channel filled, some downstream areas Klein did a random survey of require efforts to stabilize eroding began to flood. construction sites for the Chesapeake streambanks, reforestation. and In the Bird River estuary, submerged Bay Foundation. a Maryland-based improving fish habitat. The completed aquatic vegetation- vital habitat for environmental group, and found restoration plan will include ways for fish and other aquatic species- was "adequate" controls at only 42 percent local people-for whom much of the wiped out. "I would think at the of the Maryland sites construction was done-to take part, minimum, there's a couple of feet of inspected-though enforcement in such as streamside trash collection sediment on the bottom of that estuary Baltimore County tended to be much efforts. Klein believes the public can that wasn't there 50 years ago," said better. get involved even further. On that day Roger Copp, of the consulting firm Even if controls were perfect, he found the bulldozers scraping the Dames & Moore, which is studying the Whitemarsh Run's problems would not surface off the hill, he took ii upon watershed for the county. That amount be resolved. Much sediment remains himself to confront the foreman. "He of sediment would amount lo about 2 in the stream, and the problems caused said he would look into it. I didn't million cubic yards, he said, not by new developments are compounded expect much." counting material that has been carried by post-construction impacts of earlier Klein, dressed in a T-shirt and into the Chesapeake Bay. developments. With much of the cutoffs, didn't figure he'd made much Things are changing. Today, watershed now paved, uncontrolled of an impression and didn 't expect Maryland has some of the toughest stormwater runoff is flushed into much. But the next day he learned runoff control laws in the nation. Whitemarsh Run at such rapid rates what one person could do: Walking Among them: Builders must install that it gouges out the slreambed. along Whitemarsh Run, he again came controls around the perimeter of a site Whereas it once carried sediment that across the tributary, but this time there within seven days of starting came primarily from adjacent was only a trickl e of mud flowing construction, and almost all other construction sites, it now carries large through it. "I looked up that hillside, areas of the site must be stabilized sediment loads from its own banks. and there was this great big sediment with seed, mulch or other material, "Was it worse in the '60s and '70s pond." o

NOVEMBER/DECEMBER 1991 19 H I s View from EPA by William K. Reilly

Mostly, it will be local building and land use decisions.

Jug Bay. a freshwa1er ridal marsh on th<' Patuxent River, is d Chesapeake Bay alional Esiuarine Research Reserve.

(Hei ll y is Adm inistrotor of EPA.)

20 EPA JOURNAL Consider the following: sanitary sewer systems, where from everybody contributes to the problem, EPA's regulatory perspective it it largely defies traditional • In 1986, The Conservation becomes a point source. However it command-and-control regulatory Foundation reported that every year, reaches our waterways, it originates, approaches that have brought so much almost 5 tons of soil erode off each nonetheless, as nonpoint-source success in curbing pollution from acre of farmland in the United States, pollution. And almost always, it is specific plants or pipes over the past carrying fertilizers, herbicides, and subtle, it is diffuse, it is difficult to 20 years. insecticides into the nation's visualize. Incidentally, let me underscore the waterways. Unlike dramatic scenes from an significant progress we have made in • EPA estimates that each year, earlier era of belching smokestacks this area-progress that has revealed do-it-yourself auto mechanics pour spewing black clouds skyward or the previously obscured threat of down storm drains or send to landfills nonpoint-source pollution. Since 1972, about 180 million gallons of used the federal government has spent over motor oil-the equivalent of more than Yet this "pointless" pollution $50 billion to upgrade and construct 16 Exxon Valdez oil spills. Some of is one of the most serious municipal sewage treatment plants. By this oil finds its way into drinking remaining threats to our 1988, EPA reported that almost 90 water sources and other water bodies. percent of all municipal sewage nation's water quality . ... treatment plants and a slightly higher • Beneath Los Angeles, more than percentage of major industrial facilities 1,000 miles of storm drains collect "" met federal and state water pollution runoff from city streets, dumping it in sewer pipes disgorging viscous, green control requirements. coastal bays. The Natural Resources ooze seaward, nonpoint-source With the exception of EPA's Defense Council estimates that in 1989 pollution conjures up no vivid images programs to control pollution from eight inches of rain washed 150,000 in the mind's eye. Unlike the mere urban and industrial stormwater pipes pounds of lead, 500,000 pounds of mention of oil spills or beach closings and from combined zinc, and 11,000 pounds of cadmium or toxic waste dumps, nonpoint-source sanitary/stormwater overflows through into Santa Monica Bay alone. pollution fails to inflame or incite to more traditional permitting programs, • More than one million tons of action. Yet this "pointless" pollution is tackling nonpoint·source pollution nutrients each year make their way one of the most serious remaining poses different challenges and requires into the Gulf of Mexico. Nutrients, threats to our nation's water new solutions. EPA believes, are responsible for the . quality-and its cumulative effects I see three hurdles ahead in curbing increase in the size and frequency of from many small sources and nonpoint source pollution. the Gulf's so-called ''dead zone" at the individual actions are visible and First, a national regulatory program mouth of the Mississippi River, which disturbing: algal blooms that choke similar to that to control point sources drains two-thirds of the continental lakes and aquatic life, fish kills, fishing simply won't work. The challenge is, United States. bans, silt-covered spawning habitat in part, one of promoting changes in along riverbeds. longstanding habits and practices-at These alarming statistics share a A preview of EPA's 1990 National home, at work, in our communities, on common denominator: They are all Water Quality Report to Congress farms, in mining, forestry, and examples of nonpoint-source shows that nonpoint-source pollution construction operations. Education is pollution-pollution that does not is the main reason lakes and rivers fail key to influencing changes in lifestyles comes from distinct, identifiable to meet clean water standards for and behaviors to prevent this type of "point" sources (such as a sewage fishing, swimming, and drinking. pollution. Nonpoint-source pollution is treatment or industrial plant discharge Agricultural runoff was by far the most everyone's problem. It is the pipe). Nonpoint-source pollution is extensive source of pollution, responsibility of farmers to grow their runoff from rainwater or snow melt responsible for impairing about 60 crops and graze their animals in ways that picks up along the way soil, percent of the degraded rivers and a that protect nearby streams and ground animal wastes, fertilizers, pesticides, like percentage of degraded lakes water. It is the responsibility of those used oil, toxic substances, and street studied. Extraction activities, along who harvest timber to do so in ways debris. It comes from farms, cities, with dams, levees, and other that prevent soil runoff. It is the forests, mining operations, and hydrologic modifications were also responsibility of backyard mechanics construction sites. And it carries significant contributors, as were storm to take used motor oil to collection or contaminants into nearby surface or sewers and urban runoff. recycling centers. It's the responsibility underground waterways-sometimes Clearly, the problem is enormous. of homeowners to apply lawn care washing directly into lakes and Yet because this type of pollution is so chemicals and fertilizers carefully and streams, sometimes entering storm and hard to pinpoint and because almost

NOVEMBER/DECEMBER 1991 21 safely if and when needed. It's the lines to systems designed lo collect a point source. With all the concurrent responsibility of car owners to keep only stormwater. State and local demands on local governments for an their vehicles maintained so they don't governments can require catch basins, entire array of environmental leak oil or grease onto the roadway. buffer strips, and other management improvements, not to mention other Farmers and other landowners, in practices. The federal government has worthy needs, financing particular, are understandably wary of the responsibility to provide basic nonpoint-source controls is a real intrusive government programs. o scientific information, incentives, challenge. effective solutions will work without technical expertise, and limited Not withstanding these constraints, a the whole-hearted involvement of funding to state governments to number of promising activities are farmers, whose stake in conservation is develop effective programs. Research, underway. One is an agricultural greater than that of virtually all others, information, education, technical pollution prevention strategy that EPA whose very livelihood depends on assistance--all are reasonable federal and the U.S. Department of Agriculture productive soils and healthy natural (USDA) are developing together. systems. Their trust, and their This strategy holds great interests, need to be protected. promise--in large measure because it Second, addressing nonpoint-source Farmers and other promotes voluntary programs for pollution effectively may require landowners, in particular, American farmers, who have an attention to land use planning. States are understandably wary of intimate dependence on soil and localities often fi nd they can't intrusive government productivity and water quality. It is protect water quality without planning farmers' cooperation in joining with for protection of their watersheds-and programs. government agencies, extension that means planning for growth. That, services, and universities, and their of course, is properly ;: matter for state willingness to apply environmentally and local governments, not the federal sound practices in working the land government. We at the federal level roles. But it is local building and land and grazing their animals, that will can provide information on how use decisions more than anything else make this project succeed and also var.ious communities have successfully that will help cut nonpoint-source create a model for other addressed these pollution. nonpoint-source programs. challenges- accommodating growth Third, in some instances-like our In many cases, the agricultural and development in a manner that incipient efforts to regulate urban pollution prevention strategy will seek protects valuable wetlands and stormwater- the costs to control to promote better management habitats and avoids creating nonpoint-source pollution through practices: nonpoint-source pollution that traditional approaches are potentially • Maintaining unplowed strips of threatens the health of aquatic enormous: tens of billions of dollars. I grass and vegetation or natural wetland ecosystems. might add that on the stormwater areas along stream banks to prevent Local enforcement officials need to permitting front, the Agency is hearing soil and water runoff into the streams be alert to prevent runoff from from states, municipalities, and constru ction sites and ensure that industries alarmed at the cost and • [nstituting management practices homes and businesses don't complexity of implementing statutory that prevent livestock waste from unlawfully connect sanitary sewer requirements to regulate stormwater as entering waterways

22 EPA JOURNAL virtually all these initiatives, curbing and preventing nonpoint-source pollution is high on the priority list. These projects seek to bring fed er-al, state, and local governments, farmers, business and industry, civic organizations, and academic institutions together to improve and protect valuable watersheds and productive natural resources. When people recognize the impact of their activities on productive resources and ecosystems, they often are receptive to the call for stewardship. This appeal can help alter behavior. For example, farming practices along the Susquehanna River Street debris is in Pennsylvania-miles upstream from one of many the Chesapeake Bay- have a profound sources of impact on the health of the bay. The nonpoint bay program's nutrient management pollution. program, pioneered in Pennsylvania, is a national model. Already, the bay states-Pennsylvania. Maryland, and Virginia-have almost 115,000 acres under nutrient management plans and have cut potential pollutants by nearly 7.6 million pounds. The Chesapeake Bay program is the oldest of its kind in the nation-and serves as a bellwether for the rest of the country. Although the program has experienced considerable success, it still faces real challenges to restore the bay. During my recent tenure as Chairman of the Chesapeake Executive Steve Delaney photo. Council, I commissioned an independent panel report on • Ensuring the efficient use of practices-practices that can benefit nonpoint-source pollution. The panel pesticides and careful application of farmers by cutting costs while sounded a note of caution, concluding them under weather conditions that maintaining productivity. that existi ng programs were prevent their migrating into nearby Another way EPA is elevating insufficient to meet the bay program's creeks and rivers attention to nonpoint-source pollution goal of 40-percent nutrient reduction prevention is through our geographic It • Accurately determining fertilizer by the year 2000. recommended needs initiatives. These projects-involving augmenting voluntary programs with the Great Lakes, the Gulf of Mexico, the use of regulatory authority. • Developing new practices and Chesapeake Bay, the National Estuary I believe we can achieve ma ny of reviving traditional ones like crop Program, and a growing number of our goals more quickly, and more rotation that interrupt destructive watersheds- fo cus on the overall efficiently, through voluntary means. insects' life cycles to reduce the need health of the entire ecosystems, But we must recognize that, where for pesticides. identifying and targeting for voluntary initiatives fai l, protecting the USDA Soil Conservation Service has measurable progress the primary ecological and economic productivity a distinguished history of providing sources of pollution. In these of the resource may require states and practical, on-site guidance and geographic initiatives, we bring all our local governments to adopt stronger assistance to farmers. The new strategy programmatic experti se and resources measures. capitalizes on that success to provide to bear-air and water qual ity In the Everglades, for example, the even greater training and information programs, waste site cleanup, Bush Administration is proud of a on the importance of protecting permitting, enforcement, and research , recent action to protect this unique aquatic resources and habitat, as well to name a few. Although problems ecosystem. The Department of Justice, as appropriate pollution prevention differ from watershed to watershed, in with Interior Department and EPA

NOVEMBER/DECEM BER 1991 23 u AND EP IC participation, secured this past year a in Ninemile Creek. In Idaho, USDA is landmark settlement. The State of working with state and local entities to Florida and the South Florida Water restore trout spawning habitat in Rock Management District agreed to clean Creek. And the State of Wisconsin up polluted, nutrient-laden water offers a superb example of a before it flows into the Everglades, long-running nonpoint-source program where it has choked the native begun in 1978 that now involves 51 sawgrasses and stimulated the growth priority watersheds. (See story on page of cattails and other plants, altering the 51.) The state program-one of the habitat so vital to many of the plants most successful in the nation-works and animals that live there. Under the in part because of the voluntary agreement, Florida will create a buffer cooperation of landowners working with field staff who know the particular problems. It involves extensive outreach and citizen If we in the Bush participation. Administration occasionally Providing yet another opportunity to carry a stick, we are pleased help cut nonpoint-source pollution are to distribute carrots as well. the Geographic Information Systems. The systems contain data about watersheds that are useful to set priorities for nonpoint-source zone and a marsh to filter water before initiatives, to help identify streams it enters the Everglades. The action that can be used as benchmarks for will reduce up to 70 percent of the setting appropriate water quality phosphorus from vegetable and sugar standards, and to measure progress. cane fields that now enters one of the They also have a very positive most vulnerable of our magnificent secondary outcome: They help bring national parks. together a variety of agencies on a If we in the Bush Administration common mission. occasionally carry a stick, we are Over the past decade, all those pleased to distribute carrots as well. concerned about protecting the EPA is in the forefront of providing productive natural systems of the grants to states to implement United States have begun to recognize establi shed nonpoint-source programs. the immensity of the nonpoint-source In a new grant program begun in fis cal problem and the challenges it poses. year 1990. we are awarding $140 We are learning what makes for good million to support approved state pollution prevention programs, how to nonpoint-source programs through make sound. risk-based decisions with fiscal year 1992. This program respect to solving the most serious embodies the Agency's new emphasis problems in the most cost-effective on targeting our resources where they ways. Good projects are on the ground, can reduce the greatest environmental underway, providing living risks from this type of pollution. All laboratories to test a variety of the money is going to implementation, innovative solutions. not planning (with the exception of We at EPA have committed newer ground water programs), in a ourselves on several concurrent paths competitive process that emphasizes to step up the pace with which we real environmental progress. The address this problem. We cannot do it grants are enabling states and localities alone: Preventing nonpoint source to get clearly defined programs with pollution and restoring our waterways measurable objectives up and running. to health will require the dedication of It is the involvement of the every American. I am confident that as states- closer to the citi zens and their more and more people come to local governments- that make these understand the nature of the problem projects work. and their central role in solving it, the In Montana, the Water Quality American spirit of ingenuity, coupled Bureau, with EPA funding. has begun with an emerging ethic of stewardship a project to restore a produc:ti ve fishery for this great land, will prevail. o

24 EPA JOURNAL View from USDA Farms only five miles apart may need different solutions. _by James R. Moseley

hat do you get when you put a W NASA space scientist, a soil scientist, and a Mississippi catfish farmer in the same room? You get an example of how American farmers and ranchers are working diligently to protect and improve our nation's water supply. Truman Roberts, a catfish farmer from southern Mississippi, wanted to find a better way to filter nutrients and waste from his catfish ponds. He turned to a scientist from NASA who had been using plant roots to filter and treat wastewater generated during space travel and to a Soil Conservation Service (SCS) scientist, who knew how to build a filtering system that would accommodate the local Mississippi soil and water conditions. Together, working with Roberts, they constructed a wetland to serve as a catfish pond filtering system. Roberts and the scientists agree the filter works. The wetland system has improved water quality, increased fish production, improved fish flavor, reduced disease, increased wildlife habitat, and saved ground water, money, and energy. It's been so successful he is planning to build four more to take care of his entire 60 acres of catfish ponds. This is just one illustration of the Analyzing soil for nitrogen content helps determine the amount oi innovations the U.S. Department of fertiliLcr needed. Agriculture (USDA) and agricultural producers are using to improve the nation's concern for the quality of our their farm income. If environmental quality of our nation's water. It's also a natural resources. No other segment of damage has occurred, it has happened good example of how farmers and our society has a more direct and because of lack of knowledge of the ranchers are voluntarily incorporating dependent relationship with the problem and counterproductive U.S. soil and water resource management environment than farmers and farm policy. practices into their operations. ranchers. Producers understand they Although ground-water Agricultural producers share the have a special responsibility to protect contamination from agri cultural our water supply from pollution that chemicals and fertilizers is not a may occur because of particular serious health threat, when the USDA (Moseley is Assistant Secretary of agricultural production practices. and the industry hear of an Agriculture for Natural Resources and Farmers and ranchers have not gone agricultural water quality problem, it's Environment.) out and deli berately damaged the taken seriously. environment for the sake of improving USDA and its agencies (Agricultural

NOVEMBER/DECEMBER 1991 25 THE ISSUES AND THE POLICY Stabilization and Conservation Service, research strategies center on incorporated into the farming Soil Conservation Service, Agricultural developing and improving operations, 1,797 tons of n itrogen and Research Service, Cooperative State cost-effective crop and animal 2,006 tons of phosphorus have been Research Service, and the Extension production technologies that reduce prevented from entering the bay. Service), working in partnership with the contamination source. Fertilizer sales in the three bay states agricultural producers, are aggressively Significant progress is being made in have decreased by 24 percent, while attacking water quality issues through reducing potential agricultural nationally sale of fertilizers have research, education, technical contamination sources. One promising dropped by 16 percent. assistance, and cost-sharing programs. development in controlling agricultural New technology is being developed The major purpose of USDA's water nutrients from entering ground and that will measure soil productivity and quality programs is to provide surface water is nutrient management calibrate fertilizer rates at the point of producers with the information programs. application according to the soil's necessary to voluntarily adopt Precise measurement of nutrient productivity. This technological improved, environmentally sound content and prescription application is breakthrough will increase nutrient management practices that do not becoming standard operating consumption by the crops and reduce sacrifice farm profitability. Two key procedure on farms all across the the potential for leaching or runoff of principles guide the Department in country. In managing animal waste the plant food. developing these programs: Conduct and fertilizer applications, farmers are Computers, electronics. and satellites state-of-the-art scientific research and paying special attention to calibration are being integrated into fa rm develop effective farm policy and rates in an effort to apply only what is equipment for more precise measuring programs that can practically be used required of a crop for growth in of inputs. In Missouri, three grower by farmers and ranchers. specific crop cycle. This is especially cooperatives are experimenting on Agricultural nonpoint-source important with nitrogen because 10,000 acres of cropland with pollution is best treated by modifying excess free nitrogen unused by a crop truck-mounted computers, lasers, farm practices that may potentiall y can move off site or into ground water. infrared photography, and soil tests to threaten natural resources. USDA In the Chesapeake basin three-state precisely apply only the amount of research efforts for managing nonpoint area (Pennsylvania, Virginia, and nutrients and herbicides needed as the problems are focused on "source Maryland), over 114,000 acres are truck moves across the field. Very little reduction." Regardless of what the currently covered by nutrient or no excess chemicals remain for "source" is- chemical applications, management plans. Since the statewide leaching to ground water or leaving the fertilizers, or animal waste-USDA management plans have been field in surface runoff.

Missouri fa rmers are experin?Pnting w ith computer­ generated soil sampling grids lo determine p recise fertilizer mixtures . In the fie ld, a computer aboard a fertili/er truck w ill help ensure the desired mixture is distributed properly.

SCS pholO. 26 EPA JOURNAL "Prescription farming" is so popular ridge-tillage system. We not only best way to deal with water quality with the local Missouri farmers that improved our soil and water resources concerns, particularly in a diversified they have more than 30,000 additional with the new tillage system, but industry such as agriculture. acres ready for application as soon as improved crop yields as well. Effective water quality management the experiment is completed. Sixty When both conservation compliance practices are dynamic for every farm more experimental truck-mounted and the CRP are fully implemented, and ranch in this country. Two farms systems are operating on more than SCS estimates the cropland erosion located within five miles of each other 500,000 acres across the country. rate in the United States will be can have dramatically different water U.S. farm policy also plays a major reduced by 45 to 50 percent, providing quality plans. The goals of these plans role in determining what type of significant water quality benefits. are the same, but the conditions on agricultural practices producers use in The challenge in the future for each farm demand different solutions. their business. These production USDA, the agriculture industry, and Regulations undermine agriculture's practices can have significant impact flexibility in determining production on water quality. options. And flexibility is critical to Congress recognized this agriculture's economic stability. policy-practice interrelation and forged At a CWA hearing held this Regulations will increase the cost of a new era in American agricultural past summer, the first agricultural production and put farm policy in the 1985 and 1990 Farm question asked by a operators who cannot absorb the added Bills. For the first time in the history committee member to the costs out of business. of U.S. farm policy, farmers had to agriculture industry witnesses American producers are committed meet environmental standards in order was, "Tell us why agriculture to taking care of the water quality to qualify for farm program benefits. should not be regulated?" problems attributed to agriculture. A Under the Conservation Reserve recent study in Big Spring Basin in ProgJ1am (CRP), highly erodible land is Jowa reiterates USDA's long standing being planted to grasses and trees, philosophy that a voluntary policy makers will be to continue to reducing chemical use and the cooperative approach between find ways to integrate environmental potential for chemical leaching and government agencies and farmers can and agricultural goals in policy and sedimentation from soil erosion. produce effective results. On a programs that enhance our nation's Since the first signup in 1986, volunteer basis, through education and environmental and economic farmers have enrolled approximately demonstrations conducted in opportunities. 35.6 million acres in the program, and cooperation with USDA, 200 farmers The upcoming reauthorization of the the expected water quality benefits are cut their nitrogen use from 174 pounds Clean Water Act (CW A) is the next significant. A reduction in soil loss of per acre in 1981 to 138 pounds per major challenge for policy makers to 655 million tons annually resulted in a acre in 1989. Corn yields were not try to integrate these environmental 210-million-ton annual reduction in adversely affected. and economic goals. Nonpoint-source sediment loadings to water bodies. The American agriculture is the most contamination from agriculture will be CRP also will reduce herbicide and productive in the world, not because a main issue in this reauthorization pesticide usage by an estimated 61 of government intervention, but rather process. At a CWA hearing held this million pounds annually, and a 2.4 because the partnership between the past summer, the first question asked million tons annual reduction in USDA and American agriculture was by a committee member to the fertilizer use. allowed to flourish. USDA provides agriculture industry witnesses was, A key component of most the research, technology, and "Tell us why agriculture should not be conservation compliance plans is education and producers apply this regulated?" conservation tillage and crop residue knowledge to the land. That same There are two main schools of management. USDA scientists know system, given the opportunity, can thought on how to deal with that conservation tillage can provide a solve our environmental needs as agricultural non po int sources of significant impact on improving water well. o contamination. One emphasizes the quality in our streams and lakes. The adoption of regulations on the use of concept is simple: Keep the water on contaminants. The other focuses on the the land and you reduce the voluntary adoption by farmers of opportunity to move soil and nutrients production practices that are both to the drainage system. environmentally sound and Conservation tillage systems can also cost-effective for producers. provide producers with an economic USDA's 130 years' experience advantage. In my own personal working with farmers and ranchers experience as a farmer in Indiana, we supports the philosophy that voluntary cut our cost of production by 18 cents action through education is more per bushel wheri we switched from a effective than regulation in addressing traditional tillage method to a our environmental issues. Prohibiting the use of certain chemicals and policing and fining polluters is not the

NOVEMBER/DECEMBER 1991 27 THE ISSUES AND THE POLICY View from OMB Must farmers prevent pollution to escape regulation?

by Susan Offutt

griculture is the remaining major technical assistance to farmers so that pesticides and fertilizers in order to A unregulated source of environmentally sensitive techniques increase yields. Low output prices may environmental, primarily water, can be implemented at minimum cost. in large measure explain the apparent pollutants. The nation's water This initiative reflects the belief that success of "low input" agriculture resources include underground the most sensible approach to (although surely many farmers' aquifers as well as lakes, rivers, and preventing water quality degradation attitudes have changed, as well). the oceans. Agriculture is a significant for farming and for society is to rely on Beyond the not inconsiderable non-point source of ground water the farm community itself to devise problems with sensitivity to contamination, presenting a thorny and implement a pollution-control commodity and input price changes, problem for the desig11 of public program. Within this framework, what barriers might there be to measures to prevent pollution. research and education develop and permanent adoption of Historically, environmental policies promote use of environmentally benign environmentally sensitive practices? tackled point-source pollution of production practices. The very real First, the question of diversification surface waters before dealing with threat of federal or state regulation away from chemical-intensive crops, at nonpoint-source problems for several would seem to be a strong incentive least to allow for rotations, is critical. reasons: Cause and effect are more for the agricultural community to While diversification in cropping easi ly observable, solutions are embrace this strategy. patterns is currently economically therefore most easily found, and This tack recognizes that federal feasible in some areas of the country, it enforcement is possible. Ground-water regulation would be greatly is not clear this is true everywhere. problems, in contrast, are hard to complicated by geographic variations The economic forces (political and detect, and individual sources of in physical environment that technological) that make specialization aquifer contamination hard to identify. determine whether contamination profitable need to be better understood Two years ago, the federal actually does occur and with what and recognized in designing new government launched an initiative to severity. An effective regulatory multi-output systems. protect water resources from solution (one that accommodates all Ironically enough, another barrier to contamination by fertilizers and site-specific factors in prescribing best ground-water quality protection may pesticides without jeopardizing the management practices) would be very be soil conservation. As was learned economic vitality of U.S. agriculture. expensive to implement. An ineffective with conservation tillage, in some Federal agencies, including USDA and regulatory solution, on the other hand, instances inhibiting runoff of EPA, are designing waler quality could be wasteful and inefficient if use chemicals and n utrients leads to their programs to accommodate both the of chemicals and nutrients were percolation through the soil and immediate need to halt contamination, unnecessarily proscribed. perhaps into ground water. What if particularly of ground water, and the The challenge to the efficacy of the acceptance of higher erosion rates is future need to alter farming practices voluntary approach is fo rmidable, the price of saving ground water from that may threaten the environment. however. Research and development contamination? How can institutional The premise of this initiative is that, must design a set of management prejudice against such an outcome be ultimately, farmers must be practices that fa rmers will continu e to overcome? Research can determine responsible for changing production use even as commodity and input whether or not there is a tradeoff practices to avoid contaminating prices vary. Recent experience w ith between surface- and ground-water ground and surface waters. Federal conservation tillage instructs caution quality. The more fundamental need is and state resources will be available, in this respect. An important lesson in to recognize and accept that, no matter however, to provide informati on and designing and evaluating what, agriculture disturbs the natural en vironmentally sensiti ve practices is environment. The issue is how much to be mindful of the presence of disturbance society is willing to [Offutt is Agriculture Branch Chief in coincidentally favorable price accept, not whether it will accept any the Natural Resources Division of th e relationships. During the 1980s, low at all. U.S. Office of Monagement ond commodity prices may have indirectly lt is difficult to be sanguine about Budget.) provided environmental benefits by the prospect of immediate mitigation reducing the incenti ve to apply of threats to water quality because

28 EPA JOURNAL ------

Runoff from a farm after a rainstorm . A federal initiative seek water resources without stifling agricultural production. basic farm production technology is subsidization of the development of As a clue to the answer, consider the still dependent on fertilizers and new farming practices and of the provisions of the 1990 Farm Bill, chemicals. In the future, ensuring dissemination of related information. enacted since the start of the initiative against surface- and ground- water Farmers enjoy maximum flexibility to encourage voluntary change. contamination will require a truly when they may choose the practices Although it reaffirms the importance alternative agriculture. Plants that fix that not only meet environmental of research, extension education, and their own nitrogen, repel insects, and objectives but also the needs of their technical assistance, the Farm Bill also outcompete weeds would obviate the own enterprises. And, very authorizes monetary incentives as a need for farmers to apply nutrients and importantly. voluntary programs are means of lessening the impact of pest toxins. In this respect, advances most in the spirit of farm policy over farming on water quality. First, to in biotechnology could make very real the past 50 years. For society, allowing maintain eligibility for commodity contributions. The short-term question farmers maximum flexibility also subsidies. farmers must be in of coping with contamination persists, promotes efficiency in resource use compliance with a set of strictures however, because society will not wait because the site-specific nature of governing practi ces intended to reduce for science to deliver on these water contamination problems also soil erosion. Second, federal payments promises. Because ground-water dictates site-specific solutions. to retire farm land (either through contamination is very slow to dissipate The apparent mutual advantages of annual rental payments or permanent and very difficult (and expensive) to this framework notwithstanding, the easements) address environmental side ameliorate, there is no time to lose. real question is: Will it work? Will the effects by halting farming. Third. To society at large and to farmers, a farm community embrace the federal funds may be provided as an program of research and education preservation of surface- and incentive to adopt an environmentally aimed at water quality protection has a ground-water quality as part of its sensitive farm plan or as a cost-share number of advantages over compulsory stewardship of natural resources? Or to promote a particular practice. regulation. For farmers, education and will it hold out for compensation and To the extent that the Farm Bill voluntary compliance offer at least a perhaps ultimately be compelled to provides for financial assistance to partial cost-share through accommodate environmental concerns? farmers, its impact will be constrained

NOVEMBER/DECEMBER 1991 29 THE ISSUES AND THE OLICY by the scarcity of federal funds. The delivered. The federal budget deficit is problem is one of too many acres one constraint, but so, too. may be chasing too few dollars with too little society's attitude toward assigning effect. responsibility for pollution prevention. Que~ions There are 423 million acres of Making a case on behalf of farmers for cropland in the United States. Of special treatment (in the form of these, 135 million are subject to financial assistance) will be conservation compliance. Jn fiscal year increasingly difficult as other segments 1992, the Soil Conservation Service of the population have shouldered the Reader will devote $432 million to providing more and more of the costs of all kinds technical assistance in helping farmers of pollution prevention and abatement. prepare to meet the 1995 compliance And, many industries, such as basic deadline. Conservation compliance metals, face the same competition as may well increase the costs of farming does U.S. farming from overseas Might Ask even as commodity program benefits suppliers not necessarily subject to decline. At some point, a farmer may environmental regulation. decide participation is not worth it, For any other sector of the economy, and the environmental "hook" will all ocating the financial burden for The public must have been losl. prevention of contamination is an recognize they are Another 37 million acres will be easily settled matter: The polluter pays part of the problem. retired under the Conservation and and is compelled to do so through Wetlands Reserves at a 1992 cost of $2 regulation. Whether agriculture can billion in rental payments and escape regulation and also avoid the easement purchases. Tlrnse reserves costs of pollution prevention, however, Nonpoint-source pollution is will eventually cost $20 billion, all is problematic. In the absence of everyone's problem. Yet ma ny people aimed at retiring roughly 10 percent of federal budget constraints, society are not even acquainted with the term. all cropland. All additional 9 million could choose to provide farmers with a let alone the nature and extent of the acres will be treated in fiscal year 1992 monetary incenti ve to avoid polluting. problem and how it can be dealt with. using $203 million in cost-share fu nds Indeed. cost-sharing programs have a To learn more about water poll ution available through USDA for adoption long history in conservation policy for from nonpoint sources a nd a bout of practices that may or may not have agriculture. However, the scope of the prospective remedies, EPA journal water quality protection as a priority. effort needed to avert water quality interviewed Robert H. Wayland III, The rarm Bill's new Water Quality problems, compounded by a shortage Director of the Agency's Office of Incentives Program w ill expend $3 of federal funds, precludes extensive Wetlands, Oceans, and Wa tersheds, million to pay for farm plans on cost-sharing as a viable federal option. which includes a program for 290,000 acres (out of 10 million To the extent that farmers cannot nonpoint-source control. authorized) in fiscal 1992. pass on the costs of pollution In total this year, then, this prevention lo middlemen and back-of-the-envelope inventory shows consumers. a case for taxpayer subsidy $2.4 billion of taxpayer funds wi ll be can be made. However, today's fiscal applied to 182 million acres. and political realities dictate that any comprising less than half of all U.S. subsidy w ill be modest and that, cropland. The programs catalogued therefore, the voluntary approach address a variety of environmental remains the alternative to regulatory conditions, often with little compulsion. coordination. At present. no one As debate over the reauthorization of knows whether the 182 million acres the Clean Water Act proceeds, farmers' currently participating in some form of responsibility for protecting water environmental program are those that quality will be assessed by those present the greatest risk to surface- and outside agriculture. Extension of the ground-water quality. Simply spending usual controls to agricuiture-in the more to cover more acres would be form of burdensome regulation-could difficult to justify even if it were possibly be averted. To forestall possible to circumvent the funding regulation, the agricultural commun ity constraint. Better targeting of existing would have to acknowledge the funds will be the means for enhanced validity of concerns about water effectiveness in the future and will quality and the costs associated with depend on the simultaneous preventing contamination. By development of knowledge about how assuming responsibi lity for at least and where to best apply limited part of those costs, farmers could resources. better negotiate a sensible pact that Mike Brisson photo. The Farm Bill holds out the promist) protects water qual ity as well as farm of a financial carrot that cannot be prosperity. o

30 EPA JOURNAL Nonpoint-source pollution is not contours of stream bottoms and may many cases because small scale exactly a household phrase. So to destroy fish habitat. enterprises or individuals simply do begin with, why don't you tell us just not see their activities as polluting. So, exactly what it is; give us some Q This question has a curve lo it, for one thing, we have a public examples. so take your time. As you indicated, awareness h urdle that we didn't have we've made a very determined effort with point sources. f We use the term to distinguish As I see it. EPA can contribute in the smaller and very diffuse sources of in this country to control the point sources of water pollution-the three very important ways. First, we water pollution from the large, can help raise public awareness and individual-industry or municipal point factory outfall, the sewage treatment plant, and so on-through a federal understanding of the problem. Second. sources that usually discharge directl y we can help develop the techniques from a pipe into a river. lake, or permit system. In other words, a regulatory program. But under the for controlling nonpoint sources, and estuary. and which EPA has a long law, nonpoint sources have been left we can demonstrate that these tradition of managing very closely. techniques work and that they are We've developed water quality to the states, and the states, for the most part, have tried to control them readily available. Finally. we can help standards and effl uent guidelines for through voluntary programs. Isn't create the institutional framework point sources of water pollution, and EPA, for all intents and purposes, under which these techniques or we've issued tens of thousands of sidelined? practices would be applied. individual permits to bring them under control. But nonpoint sources are a A Not at all. EPA has a very Isn't part of the problem the fact different animal. They include a Q important role to play. The very that we are talking to some extent suburban lawn from which rainfall success of the point-source control about land use control and that this is carries off pesticides and fertilizer program points up the need for EPA to a sensitive issue politically? Land use nutrients to nearby waterways. become more involved in helping to control traditionally belongs to local Nonpoint-source pollution is also the bring nonpoint sources under control. government, and the states and atmospheric deposition of nutrie nts However, the model, the regulatory Congress are reluctant to intercede? and toxics that originally volatilized approach that we took in dealing with off a farm field. lt may be associated oil refineri es or with wastewater A There are several sensitive issues with automobile air emissions. Its treatment facilities that collected here, and they are related. The first is cumulative effect now represents the sewage from tens of thousands of that we don't have public recognition most significant threat to water quality people simply is not appropriate when of the extent to which tens of in most stream segments in the United we are talking about pollution from a thousands of small activities can create States. It is a very serious problem in small construction site or a small farm . a significant environmental problem. It terms of nutrients and toxics. It is a Nonpoint-source control measures, is a question of how we go about significant problem in terms of simple some of which may be simple and persuading people that modifications sedimentation, which changes the inexpensive, have not been adopted in in thei r behavior, their li festyle, may be necessary to protect the waler quality on which all life depends. Land use decisions are the purview of state and local governments. 111 many cases. they are made through democratic processes, and they find a high degree of public acceptance. The problem is that these decisions are made day after day. year in year out. without being guided for the most part by how they may affect water quality. I really believe that significant gains can be made if those state and local processes are better informed about the impacts of nonpoint-source problems on water quality, and the opportunities to address them through state and locally adopted measures. And EPt\ has a role to help states and local governments make land use decisions in a more informed way. For example. we can provide information on how different ratios of impervious surfaces can affect a stream. Continued on next page Animal wastes, a significant source of nonpoint-source pollution. EPA ancl USDA are working cooperatively on iarm runotf problems.

NOVEMBER/DECEMBER 1991 31 Q Do you expect that in the programs which address the whole 0 As we understand it, EPA's own upcoming reauthorization of the Clean range of sources, which involve using comparative risk study showed that Water Act the approach to dealing a wide mix of available tools, and nonpoint-source pollution is more of a with nonpoint-source pollution will be which provide substantial problem than point source pollution. changed? state-allocated resources to do the job. Yet our budget priorities have Other states have more modest overwhelmingly favored the latter. Is I certainly expect that the 1\ programs that address only major that still true? recognition of the importance of the sources such as agriculture, and only problem will cause increased minimal resources are allocated. But in i\ It would be a mistake to believe legislative attention to it. In the early general, states have made major strides that we've had such success with point history of the Clean Water Act, we had in the past several years. sources that they can now be so far to go with cleaning up large neglected, that the control programs, in point sources that they necessarily Q At least one state, Wisconsin, we other words, would be were the focus of concern and of the understand, is applying both the self-perpetuating. So we can't simply tools that Congress placed in our carrot and the stick. (See separate move all of our resources to the hands. article.) How is that working out? nonpoint-source area. And, as I said The experience of EPA and states, Several states are using both earlier, it is not at all clear that the and a recent report from the General A approach we took in controlling the Accounting Office, all serve to carrots and sticks. Wisconsin has a voluntary, incentive-based program in smokestack industry would be highlight the fact that our priorities appropriate in dealing with the need to be adjusted to reflect the which the state shares the capital costs of installing best management practices nonpoint problem. progress that has been made and the I think that we need to evolve risks that remain. EPA's Science with agricultural enterprises and other contributors to nonpoint-source toward a balance that on the one hand Advisory Board report on reducing maintains the important gains we've problems. And it is a good program. risk, with its emphasis on ecological made in controlling point sources, In addition, the state has adopted problems, habitat loss, and nonpoint while on the other allows us to make pollution, I think builds a good backup regulatory requirements under which it can require a farmer to progress in bringing the foundation for future program and nonpoint-source problem under legislati ve work in this area. undertake clean-up actions when that farmer's operation is contributing to a control. Shifting the budget must, ( water quality problem. therefore, be an evolutionary rather Just how effective have the states than a revolutionary process, and I been in dealing with the problem? Do So, Wisconsin has a program which provides the carrot, but if that fails, the believe we have now begun to move in they have sufficient resources to do that direction. the job? stick is available to make sure the problem is attacked appropriately. 0 I Resources for state nonpoint-source efforts have increased 0 0 substantially in recent years. The 319 0 0 program, which is our principal framework under the Clean Water Act 0 for making grants to states to demonstrate nonpoint-source control measures, has increased from essentially zero four fiscal years ago to $50 million a year in each of the last two fiscal years. So, in the face of severe federal budget difficulties, there has been a very substantially increased commitment by the federal government for dealing with this problem. And that has been matched by an increase in state financial and institutional commitments. Moreover, there are many other federal agency programs which affect nonpoint-source problems, and we believe they can be modified to reduce these problems without detracting from the objectives and missions of the agencies that implement them. The effectiveness of the state programs varies. Some states have relatively mature nonpoint-source

32 EPA JOURNAL Q Runoff from farms is the single which is commercially harvested for years ago have become bound to most important category of timber. Environmentalists say that the sediments. And even though we nonpoint-source pollution. Yet Service tends to emphasize timber reduce the input of new pollutants to a according to the General Accounting production at the expense of body of water, disturbing these Office report, which you mentioned, protecting water quality. What can sediments can release harmful commodity programs run by the U.S. EPA do to influence the Forest elements into the water column or can Department of Agriculture tend to Service? expose bottom-living organisms to reinforce some of the very farm them. We are currently developing an practices that contribute to the A Actually, we are already doing agency-wide strategy for acquiring problem. What is EPA doing to quite a lot. I met only recently with information on the location of convince USDA that it should modify senior officials of the Forest Service to contaminated sediments. what has its policies? review our joint efforts to ensure that, caused the contamination, and what as land managers, they take a are its effects. A EPA has enjoyed a remarkable stewardship approach which While there is always more to learn amount of cooperation from the recognizes the multiple purposes their about any environmental problem, I Department of Agriculture in recent lands can fulfill. don't consider Superfund a years. We were welcomed into the As with other elements of the particularly appropriate analogy. I process of formulating the Department of Agriculture, we are believe that we do have an adequate Administration's proposals for the finding a keen sense of awareness on handle on the magnitude and nature of 1990 Farm Bill, which incorporates a the part of Forest Service officials that the problem and that there exists a number of provisions intended to maintaining the habitat, wildlife, and large "menu" of technologies to deal move farming toward a more water quality values of watersheds with it-many of them well ecologically sensitive way of doing under their management is a key part established. business. In addition, USDA invited us of their mission. And I expect that part to participate on their work groups for of their mission to gain increasing Q In putting this issue together, writing rules for implementing the emphasis in the coming years. we've run across some innovative 1990 Farm Bill conservation programs. A number of Forest Service approaches to pollution control. In Nevertheless, there are 2.5 million personnel are detailed to EPA regional Colorado, for example, efforts are farms in the United States. There are offices and to our office here in being made to increase the capacity of extraordinarily complex programs in Headquarters. We have a similar a stream to absorb pollution by place both to increase output and to program with the Soil Conservation altering the stream's physical maintain farm income. We can't expect Service. We are finding that these characteristics. In other words, they to change these programs overnight to programs have been quite useful in are not so much trying to cut back on be more complementary to EPA's giving us an appreciation for the needs pollution as they are improving on mission and still keep their original and constraints of USDA and its nature's ability to absorb it. Is there a purpose. component parts, as well as giving whole universe of control-technology What is encouraging is the extent to them a better appreciation for EPA's research and development connected which many progressive farmers are mission and how we can together go to nonpoint-source pollution, as there adopting such practices as about furthering it. is to other EPA programs? conservation tillage and low-input One of the things we see is that, farming that reduce the surface-water In the early days of the A Q in many cases, "low-tech" responses and ground-water pollution problems Superfund program, we were not only are quite effective and, in many cases, that have been associated with unaware of the magnitude of the quite inexpensive in dealing with farming. And they are being problem, we did not have in place nonpoint-source pollution. Many encouraged to do so by USDA. proven technologies for correcting the agencies in addition to EPA are I should point out that it isn't just variety of contaminated sites that we developing and evaluating these row crops that contribute to the eventually had to confront. Does that control approaches. problem. Animal waste from confined situation pertain to nonpoint-source We do have a modest research feeding operations is a very significant pollution? We understand that some program under way. However, our aspect of the nonpoint-source problem. states simply do not know whether current approach, which encourages In addition, grazing has proven to be many of their lakes and streams are the install ation of various management destructive to important riparian areas polluted or not. and stream beds in many of the arid practices, has us trying to trn.nsfer the parts of the country. We are working A There is certainly a lot more that technology that others have developed cooperatively with USDA to address we need to learn about the to a wider set of users. these problems as well. contributions of different kinds of There are, in fact, a number of nonpoint-source pollution to water research questions pertaining to nonpoint-source pollution- some We have a similar situation with quality impairment. However, in the Q unique to it, others applicable to a timber production, another important main, the states are doing a good job wider array of issues. We are working source of non point-source pollution. assessing threats to water quality. with EPA's Office of Research and The Forest Service, part of the USDA, Sediment, for example, is a pollutant Development to develop a is one of the country's largest that we have much to learn about. comprehensive research plan in this managers of forest land, much of Toxics discharged from both point sources and nonpoint sources many area. Continued on next page NOVEMBER/DECEMBER 1991 33 THE ISSUES AND TH POLICY Q As we understand it, one News-Notes, which reaches out to a Q Well, as I said earlier, it's a potential bright spot on the horizon is broad audience of water quality problem that you don't see covered that nonpoint-source control programs practitioners, educators, and others. very much in the press, and it's not developed under the new Coastal We also distribute posters, brochures, one that we're all that familiar with. Zone Act amendments may be picked and fact sheets on nonpoint-source Is there anything we've missed that up by inland slates as well. Is this problems and solutions. In addition, you'd like to touch on? true? Without going into all of the many of the most effective public administrative steps, how will these education programs are those A Yes. There is one thing. We are programs work? developed locally because they are in the process of developing a simple, closer to the problems. Consequently. a not entirely new, concept that EPA's A We were very pleased that EPA significant portion of section 319 grant water quality programs have not was able to meet a very stringent money goes to support state and local emphasized enough to date. We think Congressional deadline associated with outreach and educational efforts. it will be quite valuable in dealing implementing a new coastal zone As I said earlier, this is not with the nonpoint-source problem. nonpoint-source program, and with the exclusively a problem of land use We call it the watershed protection high degree of cooperation that EPA decisions by government. It has to do approach. Fundamentally, it means and the National Oceanic and with many decisions that individuals taking a particular watershed as a Atmospheric Administration [NOAA) make in their daily lives: Do they starting point, evaluating what the have enjoyed in trying to put that dump their crankcase oil down a storm threats are to water quality, and program into place. sewer, or recycle it; does a farmer energizing the people who live in that Fundamentally, the new coastal undertake a soil test before fertilizing watershed to address the problem. lt is nonpoint-source law requires EPA to his crop; are pesticides used on a a concept that Bill Reilly has talked identify management measures, which preventative basis? about, and others, like Jacques we have done in a proposal that was All these decisions have important Cousteau. It has to do with people open for comment this past fall, then impacts on water quality. The protecting the things they love. It is a for the coastal states to adopt programs individuals who make them need to be concept that applies not just in the which conform to these measures. lt sensitive to those impacts. We're case of our large and magnificent means that existing stnte coastal zone talking about a massive educational resources, like the Chesapeake Bay and management plans and existing state undertaking. Fortunately. we aren't in the Great Lakes, but which people in nonpoint-source control plans will it alone. We're getting a lot of thousands of small watersheds can need to be revised. NOAA and EPA assistance in reaching the agricultural understand and relate to. have also issued draft guidance community, both through the Instead of focusing initially on a outlining the elements of an Extension Service and the Soil particular pollutant or a particular approvahle state coastal Conservation Service. In coastal areas, industrial category of polluters, as we nonpoint-source program and the state coastal zone management have so many times in the past, we process by which that review will be programs and EPA-funded ational would start with what is causing a conducted. Estuary Programs and Near Coastal particular river, lake, estuary, or other We are at an early stage in this effort Waters Program projects often provide water body to be a place where you and it's too early to predict how important vehicles for reaching the can't swim or a place where you can't successful it will be, and whether it public on nonpoint-source and other catch the range of fish that was there will be applied inlund as well as to problems. in the past. By engaging the people in couslal areas. Clearly, many in We're hoping that EPA's new existing institutions around that Congress and elsewhere will be Environmental Education Office will watershed and focusing on that watching this effort closely. be a big help to us in placing question. then developing solutions We are excited about the information on the nonpoint-source that may go beyond those that are opportunity lo work under a new problem in schools and elsewhere. appropriate for EPA to implement by institutional framework with NOAA. We've established an electronic itself, we think we can achieve a lot of We are optimistic that it will result in bulletin board through which we can progress. benefits to coastal -zone water quality exchange information on best So we are working with the EPA that were unavailable to us before. management practices and program regions. the states. and other developments. We are looking for ways stakeholders to take this model. which Q You mentioned earlier that, to energize private-sector point sources is similar to what we've done in the generally speaking, the public is in helping to bring the national estuary program, and apply it unaware of nonpoint-source pollution nonpoint-source problem under to smaller scale watersheds, both and that, consequently, EPA doesn 'l control. And. finally, just as the uti lity coastal and inland. enjoy the support it needs lo cope companies have undertaken public What the smaller watersheds have in with the problem. What are you doing information efforts in the energy common with those magn ificent water to educate the public'~ conservation area, we have major bodies is the fact that there are people metropolitan wastewater agencies and who live near them, who relate to A We have a number of efforts stormwater agencies that can them, and who can understand in a underway. For example, we publish a supplement EPA's efforts trying to newsletter, Nonpoint Source reach citizens about the nonpoint-source problem. 34 EPA JOURNAL The watershed approach, which is widely endorsed by our regions. doesn't just focus on nonpoint-source pollution-or any other single problem. Rather, it embraces all adverse environmental impacts that affect both the chemical water quality of the watershed and the living resources of the system in terms of physical habitat and biological community structure and fu nction. We think it's an exciting approach that holds a great deal of promise.

Q How did the recent reorganization of the Office of Water affect nonpoint-source activities, and how is your office organized to administer EPA's responsibilities in this area? A The reorganization that was implemented last spring was designed both to effect some needed administrative streamlining within the Office of Water and to better align programs and functions with similar goals and issues. As a result. the nonpoint-source program was grouped. in the new Office of Wetlands. Oceans. and Watersheds (OWOW). with coastal, marine, wetlands. surface water monitoring and data management. and lake restoration problems. These programs and activities have in common a generally geographic, often ecological. orientation. and they rely mainly on non-traditional approaches. Because of some important mutual reinforcement and because we were able to boost nonpoint-source program resources a bit, r believe that the program was strengthened. Within OWOW. nonpoint-source responsibilities are administered primarily by the 1\ ssessment and Runoff irom a clevelopmenl. Lane/ use decisions

NOVEMBER/DECEMBER 1991 35 AFORUM What Will It Take ... ?

The Cleon Water Act defines precisely what are the point sources of pollution and subjects th em to the control of permits under the National Pollutant Discharge Elimination System. fn contrast, the Act defines nonpoint sources only as those that do no! meet the legal definition of point sources, and assigns responsibility for them primarily to the states. The states, typically, have tried to control them through voluntary programs. 13ut, according to EPA, nonpoint sources currently are responsible fo r one- to two-thirds of remaining water quality problems. The issue is sensitive, involving, as it does, the control of land use, which tends to be considered a local government tool. How, th en, does our society come to grips with this serious c environmental problem? EPA · ~ Journal asked a number of c authorities on the issue: ~ What will it take to bring nonpoint-source water c 0 pollution under control? ;;_ 0 Their answers follow. u .. A part of lowc1 's Big Spring Ha sin Dcmonslration Proiecl, ground waler is conlinuously monilnrec/ at more than 50 sites including this c/eep-monilOring well in Claylon County.

36 EPA JOURNAL Kenneth A. Cook prior to 1985, the nation pollution in the Chesapeake the Clean Water Act when it approached the very serious Bay area lends further weight is reauthorized in 1992. problem of soil erosion to the case for regulation. Regulation, combined with a control on agricultural lands Considering the tens of fully funded water quality in an entirely voluntary millions of dollars spent on incentives program, will be fashion. The U.S. government research, planning, financial necessary to solve spent tens of billions of assistance, and farmer agriculture's serious dollars to provide education, the Chesapeake pollution problems. cost-sharing for Bay states must be (Cook is Vice President for erosion-control practices and considered to be in the Policy at the Center for technical assistance in forefront of efforts Resource Economics.) virtually every agricultural nationwide to control county in the nation. agricultural pollution over a Yet in 1985, we still faced large area. Recently, EPA a serious soil-erosion convened an independent Ron Phillips either a purely voluntary problem. On tens of millions panel to assess the Nnor a purely regulatory of acres of highly erodible effectiveness of efforts to framework will suffice to cropland, farmers were reduce nonpoint-source solve agriculture's producing wheat, corn, loading into the Bay. (EPA non point-source cotton, and other acted on behalf of the ground-water or commodities, often with the Chesapeake Bay Commission surface-water problems. A support of a federal subsidy. and the governments party to hybrid system is needed, Not only were the erosion the Chesapeake Bay built of carrots and sticks. rates on these lands Agreement.) The panel The case for a voluntary extremely high, but in many studied whether a ''largely approach, consisting of cases not a single voluntary" program to technical assistance, soil-conservation practice control nonpoint-source education, even some was in place. That does not pollution would be sufficient incentives, is compelling to a say very much for a half to meet the year 2000 goal for point. Obviously, many century's worth of the reducing nutrient loadings The fertilizer industry farmers have spent their own voluntary approach. into the bay, or whether more I practices and strongly time and money protecting In 1985, Congress drew the regulatory programs would supports the use of nutrient their land and water, and the line on one aspect of this be required. The panel management plans as the best larger environment of which problem: It enacted the recommended "that the states way to prevent non-point their farm is a part. But by no "sodbuster" and conservation and the federal government source pollution. It is means have all farmers, or compliance policies to end augment voluntary programs important, however, to enough farmers, been federal farm-program with increased use of recognize that good nutrient effective stewards. It is subsidies that contribute to regulatory authority for the management plans are equally obvious that excessive soil loss. Only reduction of nutrient site-specific, taking a number pollution-control practices when these new regulations loadings. To minimize of variables including that farmers support or were added to USDA financial burdens, regulatory existing nitrogen in the soil initiate by choice are more entitlement and benefit requirements should be and crop needs into account. likely to be successful and programs did we begin to see accompanied by technical For this reason, we support enduring than those imposed significant results. Farmers and, where appropriate, solutions to address on them. Society can help by developed and began to financial assistance." In non-point source pollution providing funding for some implement conservation addition, the panel problems that are crafted farmers and some practices. plans because they had to. A recommended that "nutrient where the problem But society can't pay for it recent evaluation by the Soil management plans be occurs- at the local all, especially with the and Water Conservation required and implemented level- and that are current severe constraints on Society (SWCS) does raise for lands that are targeted as administered on a voluntary the federal budget. The Water serious questions about the sources of nutrient loading rather than mandated basis. Quality Incentives Program adequacy of USDA into the bay.·· Current government authorized in the 1990 Farm implementation. Still, we do If the nation's most programs and voluntary Bill, for example, will know that in the absence of intensive and costliest efforts are working to address provide a mere $6.75 mill ion conservation compliance, soil voluntary effort to date to the non-point pollution to help farmers prevent conservation plans and control nonpoint-source problem. The site-specific nonpoint pollution in 1992. practices would not be a pollution yields these nature of the problem is a The case for agricultural reality today on tens of conclusions, I would submit fact that is virtually missing nonpoint-source regulation millions of acres of fragile that some form of regulation from the debate. begins with the history of cropland. for agricultural Section 319 of the Wa ter soil conservation policy in Recent experience with nonpoint-source pollution Quality Act of 1987 has this country. For the 50 years combatting nonpoint-source control should be included in directed significant resources

NOVEMBER/DECEMBER 1991 37 FORUM to states to help them farmers, and industry to starved for dollars. After a Edward G. Stein, Jr. develop non-point source create site-specific solutions. decade of appropriating $2 pollution programs. States Farmers and industry care billion or more annually to are moving to address the about reducing nonpoint construct sewage treatment issue. Nebraska is an pollution and protecting the plants, I hope that we can example of a handful of environment. They also now shift as much as $500 states that require nutrient possess most of the expertise million per year to the management programs in needed to craft solutions and nonpoint side of the designated water resource should be allowed to do so. equation. These dollars would be used to build and areas. Farmers within these (Phillips is Vice President of carry out state programs. special protection areas must Public Affairs for The Second, we must put our have plans for controlling. Fertilizer Institute.) stabilizing, reducing, or efforts into the field. Too preventing water much of the nonpoint contamination. Other states program in the past. both hen major projects are require best management Senator John H. Chafee under section 208 in the W under construction, practices (BMPs) in instances 1970s and section 319 now, any particular watershed can where water quality has been spent on analyzing, be severely impacted by standards are violated. planning, and reporting by erosion and sediment runoff Erosion controls are another government agencies. We created by that construction. weapon used by many states need to get in closer touch To offset these potential to combat water quality with the farmers, foresters, negative impacts, it is degradation. builders, and city public imperative that an effective Agriculture's contribution works departments that can sediment control plan be to non-point source pollution actually make a difference for developed as an integral is localized. Solutions, water quality. phase of the design process. therefore, must be Recent amendments to the Equally important is the site-specific. The federal national farm program offer a timely implementation of the government cannot create a perfect opportunity. They plan during construction. espite the good national non-point solution pledge dollars and the Constant inspection of the intentions of Congress that is successful in D expertise of local agricultural project and the ability to when creating the addressing local problems of agents in soil conservation react to occasional nonpoint-pollution control varying degrees. As an districts and extension offices deficiencies in the plan and program in the 1987 Water example, Washington's to help farmers and ranchers severe weather conditions is Quality Act, little has prescription for reducing develop water quality plans also very important. The happened under section 319 nutrient loadings to for their land. We need to Maryland State Highway that has actually improved waterways is to reduce adopt that model for the Administration adopted this water quality. Nonpoint fertilizer use. Yet, in the Clean Water Act. It is this concept in 1984. We feel we pollution was our most Chesapeake Bay watershed. work in the field- one field have been successful because serious water quality problem fertilizer use is down 30 at a time-that has the we have undertaken an in 1987 and remains so percent since 1980 even greatest promise to actually extensive training program today. I believe that we must though total nitrogen improve water quality. for our design, construction. take two additional steps loadings to the bay have and maintenance personnel. before water quality (Chafee (R-Rhode Island) is increased. We have established a improvements will be seen. ranking minority member on EPA already administers two-tiered level of inspection First, we need a significant the Senate Environment and Se tion 319 and the Coastal for sediment control, and commitment of federal funds Public Works Committee.) Zone Management Act to have the ability to take to the nonpoint problem. address nonpoint problems. immediate action against Federal spending to control That is in addition to a host contractors who are in the nonpoint sources of of USDA programs, including noncompliance. We can and pollution has been minuscule six new programs in the 1990 do shut down projects, and compared to our efforts on Farm Bill to address water in 1990 enacted a penalty the point source side. Over quality. system. This penalty is a the past 20 years. we have The best role for the minimum of $1,000 per day. spent more than $60 billion federal government is to Since we are in the business of federal funds to build allow these programs to of building roads, and municipal sewage treatment work. A good shut-downs are not in plants. Industry has spent nonµoint-source pollution anyone's best interest, we additional billions of dollars program would encourage have instituted a program controll ing point-source cooper

38 EPA JOURNAL Public agencies that are conservation. It is our gardener who produces approaches to poison runoff charged with large public livelihood and heritage. Even homegrown vegetables and control. And funding for works projects, especially though I am a skeptic about over-applies pesticides; or poison runoff programs has highway-related efforts, need area-wide contamination the Su:-iday boater who spills been almost nonexistent. to set an example for the from pesticides and gas and oil into our rivers Three critical changes are private sector. We have been fertilizers, I am not naive and lakes: How do we make needed when Congress successful in Maryland and enough to believe that the these individuals more aware reauthorizes the Clean Water strongly recommend that potential is not there. I of their responsibilities? I Act next year. First, EPA and other states follow our believe that intense believe that increased states must be required to example. monitoring in heavy education and publicity are impose mandatory controls agriculture production areas the answer. on runoff sources where (Stein is Assistant to the will keep us on the cutting Nonpoint-source pollution necessary to solve water Chief Engineer at the edge of what our production is a problem created by all of quality problems. These Maryland State Highway tools are doing to our society. Not any one sector controls need not be uniform. Administration.) environment. can be given full Rather, as we required for My conservation district responsibility. Therefore. it is coastal states last year in the (Shelby County, Tennessee), a problem all of us need to Coastal Zone Management along with Fayette and work together to solve. Act, EPA should be required John Charles Wilson Tipton counties, has to identify a menu of poison (Wilson is a Tennessee embarked upon a 5-year, $6 farmer.) runoff controls, from which million monitoring program states can choose the most in the 100,000-acre Beaver appropriate controls for Creek Watershed in West specific regions. Tennessee. This program, Second, water quality wh ich was established by Robert W. Adler standards must be broadened formers in conjunction with and applied to the poison the U.S. Geological Survey. runoff problem. Current Soil Conservation Service, water quality standards often Tennessee Department of do not apply to poison Agriculture, Tennessee runoff. For example, few Department of Conservation states have standards that and Environment, University address pesticides. nutrients. s a full-time farmer and of Tennessee, and Memphis and the hydrologic effects of producer of cotton , State University, is seeking to runoff. More important, soybeans, corn, wheat, and gain through monitoring poison runoff control cattle, I am a skeptic when it more knowledge about our programs must be linked comes to nonpoint-source production activities. specifically to the goal of pollution in agriculture. I Monitoring includes: stream water quality compliance. bel ieve that in production channel water sampling (12 on point-source Finally, Congress must agriculture, w e have samples per storm event), Npollution, a bureaucratic fund poison runoff programs point-source problems just as soil core sampling to a depth term for poison runoff- badly at levels approprinte to the many industries do. Most of 5 feet , and deep well water contaminated runoff from magnitude of the problem. It producers are using sampling. The farmers in our farms, city streets. is estimated that at least $10 pesticides and nutrients at or area are committed to construction sites, and other million per stnte per year below labeled rates in correcting any problems lands-has been a poor will be needed to make state applications on their crops. highlighted by the stepchild under the Clean poison runoff control This has been dictated by the monitoring system. Water Act. During programs effective. poor economy of our Farmers in increasing consideration of the Clean Ultimately. the funding le\·el industry over the last decade. numbers are demonstrating Water Act in 1972, 1977. and for poison runoff progra ms is Producers have learned to their awareness of the 198 7, Congress clearly the best yardstick to measurn use chemicals and fe rtili zers potential problems caused by recognized the critical need Congress' commitment to effectively and safely. In my nonpoint-source pollution. to address this form of solve this problem. opinion, most resource How aware is the general pollution. Yet past legislative contamination occurs at (Adler is a Senior Attorney public concerning its responses have been weak. with the Natural Resources points of pesticide spills, calling for vague planning contribution to this problem? Defense Council.) spray tank ruptures, The Saturday afternoon programs and voluntary agricultural equipment filling gardener who drains the oil and washing, around well out of his lawnmower into heads, and from pesticide the driveway; the homeowner container disposal. (Forum continued on next who fertilizes his quarter-acre page) We in agriculture are well lawn with a 50-pound bag of aware of the need for fertilizer twice a year; the resource protection and

NOVEMBER/DECEMBER 1991 39 AFORUM Neal D. Emerald Additionally, the plan shading and stream cover, S. Lake Cowart, Jr. allowed logging in drainages bank stability, debris, and occupied by the native streamflow, and develop s a lifetime resident of Yellowstone cutthroat trout. implementation standards for A the Northern Neck town The plan also violated these items of Lottsburg, Virginia, located NEPA requirements because on the lower Potomac River, I • Provide for riparian area see the problem of bringing it failed to discuss the management to meet impacts of timber harvest, to nonpoint-source pollution riparian-dependent resource under control as a very real provide for a watershed objectives for fisheries, analysis, and to address one. It is real to the residents wildlife, and watersheds (this fisheries' ecor,omic value. of Tidewater Virginia because included the elimination of TU made it clear that it of their dependence on the timber harvest activities; it was willing to work with the tidal waters of the also provides for a project U.S. Forest Service (USFS) to Chesapeake Bay for their halt or modification if resolve the concerns. The livelihood. n 1988, the sediment occurs over levels USFS went right to work. It Nonpoint runoff has been Madison-Gallatin Chapter specified in the plan) of Trout Unlimited (TU) agreed to monitor streams addressed by the farm appealed the Gallatin which contained world-class • Meet NEPA requirements community in recent years. National Forest (CNF) trout populations and, if for watershed site-specific No-till farming, sod Management Plan. TU was necessary, halt logging and and cumulative-effects waterways, buffer strips, drop concerned about the impacts grazing activities to protect analysis for proposed actions structures, and nutrient of timber harvesting and the quality of those streams. as they affect fisheries and management plans have been grazing on the world-class As part of the settlement, the watershed-related values. utilized to the extent the farm community could eff ect trout fisheries of the CNF. USFS agreed to revise its TU signed the settlement Key points in the appeal plan to carry out the these practices. Much work with the USFS on January 10, must still be done on the included the plan's fai lure to following: 1990. The settlement was a address requirements of the farm, as well as in urban • Provide for landmark precedent in forest Clean Water Act (CWA), the areas, to bring nonpoint implementation, planning management National Forest Management pollution under control. effectiveness, and validation because it was the first time The answer to this problem Act (NFMA). and the monitoring for fish habitat, that extractive resource National Environmental is not more federal and state water quality, and soils (in activities were banned from Policy Act (NEPA). government regulations. doing so, the USFS will sensitive watershed areas. The plan violated both the Landowners must be provide an annual The USFS was forced to CW A and Montana educated and encouraged to monitoring report and realize that protection of prevent nonpoint-source antidegradation standards for schedules for monitoring and riparian areas is essential in timber harvest operations in pollution through the use of evaluati on) maintaining the higher water selected watersheds. The existing regulations and with quality standards required by the help of governmental plan further violated NFMA • Provide for trout and salmon. mandates for the protection stream-classification system cost-share programs. of fisheries habitat by fa ilure guidelines which will (Emerald is Grassroots One possible approach to protect riparian areas, to consider substrate Coordinator at Trout would be to encourage the address sediment impacts, to composition, water Unlimited.) construction of thousands of inventory streams, and to set temperature, pool habitat, strategically located ponds stanJards for adverse effects. stream bank composition, which would catch the runoff

FRANK & ERNEST BOB THAVES

o •·•• ' "•• •., ' ""• 1,_. /\VJ;; 5 z- 8 _.... A. ~ ..t

Fronk and Ernest reprinted by permission of NEA. Inc.

40 EPA JOURNAL during and after high rainfall implement the myriad of George Hallberg audience doesn't know they periods and store the water. control measures that we have a problem! Second, we The ponds would allow have been aware of for years. must provide contact with sediment removal and Unfortunately, human alternative practices and percolation of water into the nature does not equate with potential solutions and soil. These ponds should be common sense. We need provide confidence these are designed to allow a regular, incentives to change our viable. slow release of water. They ways; we need directions. We These are only first steps, could also serve as a source now have a big stick to drive and they presuppose we have of water to meet growing these needed efforts, in the defined our market audience; farm and urban needs. form of the NPDES storm we must know who the Environmental tradeoffs water regulations which audience is and how to reach would have to be made since require implementation of them. Also, responsibility for certain non-tidal wetland these control measures. many nonpoint problems areas would best serve as Fortunately, the current ggressive marketing! cuts across traditional locations for these holding regulations promote While there are many authorities, and resolution ponds. flexibility and don't impose a actions needed to reduce requires cooperation from This approach would yield lot of bureaucratic red tape, nonpoint-source pollution, an many agencies and less sediment entering tidal and therein lies the carrot. aggressive marketing institutions. Another key is waters and a more regular The carrot is the human approach to public education development of a consistent flow of fresh water into our drive to control our own is a necessity-and one often message among these estuaries. The long-term destiny. A municipality's overlooked. Resolving many cooperators; nothing can kill results will help solve the own interests will be served NPS problems requires the "marketing" plan faster problem of nonpoint if it develops a changes in the way we than contradictory pollution, and any self-determined urban runoff conduct our daily activities. information from supposed environmental tradeoff will management program. Examples range from the way collaborators. be positive. Municipalities will find that we handle and use fertilizers, Voluntary approaches if they commit to meaningful manure, and pesticides on likely will not fully resolve (Cowart is an oyster grower farms, lawns, and golf nonpoint-source problems. and tomato farmer.) actions, regulators will be generous in their scrutiny. courses, to our use and But without targeted On the other hand, I disposal of household toxic educational programs that guarantee that municipalities and hazardous materials. begin the process of changing won't be happy with a Altering such activities is as fundamental attitudes and program designed in a state much a sociological process behavior, more stringent Thomas Mumley capital or in Washington, DC. as a technical one. measures will hardly be The bottom line is that It seems unrealistic to palatable publicly or uccessful control of action is needed, and if suggest we can simply politically. urban runoff will require regulate such behavior. To municipalities don't do it on (Hallberg is Supervisor of a carrot, a stick, and common affect voluntary change, at their own, the regulatory Environmental Geology at sense. Common sense equates the large scale needed, stick will get big, and it will the Iowa Department of to pollution prevention. requires an aggressive hurt. We'd all prefer to keep Natural Resources.) There are many low tech, the stick out of the formula. program to change attitudes cost-effective solutions at This will only happen if and perceptions. Evaluation hand. These include municipalities take advantage of effective education efforts providing information on tlte of the current opportunity to to promote voluntary change proper use and disposal of control their own destinies suggests such programs must materials; preventive by implementing the address several issues. First, maintenance by public common-sense, cost-effective, we must enhance, or even works; planning procedures environmentally beneficial initiate, awareness of the to ensure that development measures available for urban problem. We can't expect will not increase pollutants runoff management. change when our target in urban runoff; and flood management activities which (Mumley is Associate Water reduce the amount of Resource Control Engineer at pollutants in urban runoff the San Francisco Regional while achieving flood-control Water Quality Control objectives. The list goes on; it Board.) just makes sense to

NOVEMBER!DECEMBER 1991 41 FINDING SOL .TIONS

Fill r strips arc one method of prote ting stream bank . /30th sides of thi have been stcJbili zed by recentl y planted willow trees and sweet clover.

42 EPA JOURNAL y perspective on curbing available to help with a range of Magricultural nonpoint-source environmental concerns. But pollution is that of a farmer- conservation tillage, in my opinion, should be the technology considered My • A farmer who lives by the first for soil erosion control and water philosophy that every producer and quality protection. In conservation land owner has the duty and the moral tillage, the residue of husks, stems, obligation to use the best soil- and and leaves covers the soil surface, water-conservation technology protecting it from wind and the impact available Experience of raindrops. The more residue you • A farmer who believes that good have, the less runoff-and the less environmental decisions and good chance that surface water will be The more the residue, business decisions are compatible polluted by sediment and by nutrients or pesticides adhering to soil particles. the less the pollution • A farmer who, for the past 35 years, helped pioneer "conservation tillage," This basic concept of crop residue of surface water. management is beautifully simple, and the practice of maximizing the crop you find it used in home gardens. But residue you leave as a protective on the large scale of production mulch on the surface of a field instead agriculture, the technology is complex. of plowing it under. by William Richards Intensive management is the key. Interest in conservation tillage is For example, the amount of residue growing rapidly around the country. cover needed to reduce soil erosion to As a farmer, I am excited about this acceptable levels depends primarily on because I know the competitive the type of soil, the slope of the advantage of this technology. I am also ground, the kinds of crops grown on a excited as Chief of the Soil field and their order in the crop Conservation Service (SCS}, the USDA "rotation," and the tillage systems and agency that has helped America equipment used. protect and conserve soil and water Fortunately, conservation tillage is a since the Dust Bowl crisis of the flexible technology that allows the 1930s. farmer to balance market decisions The agricultural community's with environmental decisions. One concerns about water quality and soil way of leaving more crop residue on erosion control are our highest the ground is to include priorities at SCS. We are helping high-resi~ue-producing crops in a crop producers to understand the rotation sequence. Corn and grain interrelationships between soil, water, sorghum generally are high-residue air, plants, and animals and to apply crops. Planting a winter cover crop, the information that comes from such as rye or wheat or even a research and extension agencies and winter-hardy grass, is a good option from our own surveys of soil when growing soybeans during the characteristics and other resource spring and summer. conditions. Other ways to leave more residue Last year, more than 1.2 million include tilling only in the spring; farmers, ranchers, and units of reducing the number of passes with government sought SGS help in equipment; using equipment that developing a conservation plan to minimizes disturbance of the soil; and ensure that their operations are using equipment that works under the environmentally and economically residue, leaving maximum cover sound. We offered this help through evenly distributed over the surface. voluntary conservation programs and Intensive management is required for through one of the most effective weed control when you minimize or public and private partnerships in this eliminate plowing. Here we benefit country-our partnership with the from precision chemical control. more than 3,000 locally organized and We have come a long way in (Richards is Chief of the Soil locally run soil and water conservation conservation tillage technology. The Conservation Service, U.S. Department districts. machine industry is responding with a of Agriculture.) A tremendous array of technology is lot of attachments and a lot of retrofit

NOVEMBER/DECEMBER 1991 43 I I s Some Other Options

On the Fann There are many different soil-conserving agricultural methods that also act to reduce nonpoint-source pollution. Intelligent use of these methods-either a single one or a combination of several-is in the financial best interest of the farmer who wants both to keep his soil rich and fertile for coming generations and to protect water quality. Conservation Cover: Establishes and maintains a perennial vegetative cover to protect soil and water on land retired from agricultural production. Conservation cover reduces erosion and can help improve water quality and create or enhance wildlife habitat. Crop Rotation: Growing

• '* ~. r '.,.·~ different crops in recurring Crop rc.sidue management aids in succession on the same land. protecting soil, producing crops, and For example, on a steep slope improving waler quality. This currently planted in corn or productive no-till farm is in Ohio. soybeans, a farmer might choose alternately to grow small grains equipment that can convert a planter chemical we used to need. The new and hay in later plantings and at reasonably low cost. So farmers chemistry has opened up whole new then rotate back to corn or have lots of options in making areas to conservation tillage. soybeans. investment decisions concerning crop We have a lot of help from residue management. technology, and we have dispelled a Contour Farming: The practice We have a whole new ge neration of lot of the myths about herbicide use, of preparing land, planting herbici des that allow us to be much environmental sensitivity, crops, and cultivating them on more precise and sparing in our productivity, profitability, and the contour. Each crop row, by applications. The "post-emergence" flexibility. serving as a small dam lo hold herbicides are a boon to conservation Management is the key. For the water on a slope, cuts soil tillage farmers in that we can apply farmer, there is less room for losses. Some contour systems them after the weeds have error- less opportunity to remedy use buffer strips-wide rows of sprouted- instead of before mistakes with a plow- but the other grass between tilled contour planting- so we know how much is side of the coin is that conservation rows; others use contour needed and where. This is a real tillage rewards management. Early on, plantings of trees. breakthrough. I learned the competitive advantage Contour Stripcropping: Growing As a corn farmer in Ohio, I had a that comes from investing primarily in crops in a systematic real problem with a weed called management and brain power instead arrangement of strips and bands Johnson grass. But just in the last year of labor and horsepower. on the contour to reduce water or two, my sons, who have taken over Back in the 1950s and 1960s, when erosion. The crops are arranged the family farm, have been controll ing we first started experimenting with so that a strip of grass or a Johnson grass quite well with the new conservation tillage. we were looking herbicides. And we are finding that we for ways to cut trips across the fie ld in just do not need the quantities of Continued on page -16 44 EPA JOURNAL close-growing crop is alternated waterways are shaped into a reduce pollution entering with a strip of clean-tilled crop parabolic form and seeded to surface waters. or fallow. provide a grass cover, the grass • Establish used oil and Terraces: An earthen will lay down like a carpet as household hazardous waste embankment, channel. or water flows over it. The soil is collection programs. combination ridge and channel undisturbed, and cleaner water • Identify areas which are constructed across the slope is delivered to streams, lakes, eroding or prone to erosion and breaks long slopes into a series and reservoirs. plant vegetation to stabilize the of shorter ones. On shorter Field Border: A strip of soil. slopes, water doesn't build up perennial grass, legumes, or a as much speed and has less mix of the two established at • Use and promote walkways power to tear away soil the edge of a field, like the and parking lots designed with particles. Terraces catch water frame around a picture. It pervious (not impervious) at intervals down the slope to retards soil erosion from the surfaces. temporarily store it before field and both slows and filters • Collect leaves and yard delivering it through polluted runoff. trimmings frequently enough to underground tile or a grassed prevent them from washing into waterway to the bottom of the stormdrains. slope. • Increase the frequency of Diversion: A channel In the City street sweeping in areas where constructed across a field slope high levels of pollutants with a supporting ridge on the Controlling nonpoint pollution accumulate. lower side diverts excess water in urban areas is challenging. from one area for use or safe Here are several things that you • Purchase vacuum street disposal in other areas. can encourage your community sweepers when obtaining new equipment. Grade Stabilization Structure: A to do: structure used to stabilize the • Protect open space adjacent • Establish a tree protection grade and control erosion in to shorelines: The natural program. natural or artificial channels so vegetation serves as a filter to -Jack Lewis as to prevent formation of gullies. Filter Strips: Bands of vegetation along streams or other bodies of water filter sediment and other pollutants from runoff before it enters the water body. Grass and, in some cases, trees may well be the last line of defense against erosion and nonpoint pollution. "Windbreaks": Rows of trees and more random tree and shrub plantings all help to trap sediment from farm fields. Grassed Waterway: A natural or constructed channel that is graded or shaped to required dimensions and established in suitable vegetation for the stable conveyance of runoff. If Runoff from cily streets and parking lots came pollutants in/O storm sewer .

NOVEMBER/DECEMBER 1991 45 FINDING SOLUTIONS order to save fuel and labor. But we Conservation compliance is an reduced by more prudent application quickly realized the importance of enormous task that involves roughly of nutrients and pesticides and by surface mulch for moisture retention half the farms in this country. It is a good overall land and water and consistent yields and for erosion task that will double conservation management. and water quality protection. tillage over the n ext two and one-half We have found in the agricultural My Corn Belt experience with years. Right now, we h ave 73 million community that most soil erosion conservation tillage may differ from acres of conservation tillage. We problems and other environmental farmers' experience elsewhere. We expect to reach 150 million acres by problems are very manageable. Even if have different crops, soils, and climate. 1995, the statutory deadline for the solution is not conservation tillage , However, the basic principles work implementing conservation compliance other practices such as farming on the almost everywhere, including in cotton plans. Those are the estimates if you contour, using cover crops, or country. look only at crop residue management stripcropping-perhaps along with defined as "conservation tillage." By conservation tillage-are solutions at that I mean crop residue management our fingertips. Early on, I learned the practices that leave at least 30 percent I believe, however, that conservation competitive advantage that residue cover on the surface. Many tillage will be a key technology for comes from investing in plans call for other specified levels of environmentally and economically management and brain residue cover. sound farm management, whatever the power ... . Cooperation between private issue at hand. And I will do everything industry, the university and extension I can to help industry, government, community, and government in and the farm community get this providing this on-farm technology is technology on the ground. o It is important to ur.derstand that unprecedented. The equipment and conservation tillage is not just a chemical industries are beginning to change in field practices. It is a change see great need and great opportunity in farming tradition and culture. for the technology. To come, are Farmers like to plow; it is part of our machines that will help us minimize heritage. But now, we are making the compaction of soil between crop rows, more profitable, more environmentally even more precise spraying enhancing practice of conservati on technology, and smarter tillage part of our culture and part of computer-driven technology overall. the heritage we pass on to the next We are looking forward to more generation. I am proud that American conservation tillage attachments for farmers are turning to this technology our farm machinery and fl exibility so in increasing numbers. It represents a farmers can convert present big decision for that 2 percent of our equipment. Ultimately, I want to see a population who make their living completely engineered "system" for growing food for the other 98 percent crop residue management. and much of the rest of the world, all The systems approach to residue the while coping with nature, the management and to all of our market, and public sentiment. conservation activities is essential for Spreading this technology is one of total resource management. By "total my highest priorities. You might say it resource management," I simply mean is one of the highest priorities for finding the optimum system of American agriculture because of the practices that is good for the soil, challenge to get conservation tillage in water, air, plants, and animals and for the hands of producers subject to the producer's profit margin. It means conservation compliance requirements doing our best to fit together all the of the 1985 and 1990 farm laws. These pieces of the economic and laws tie commodity crop payments environmental "puzzle." and other USDA program benefits to Let me assure you that the risk of erosion control requirements on highly agricultural nonpoint-source pollution erodible land. can be-and is being- significantly

46 EPA JOURNAL Nutient Tradint-in the Win~s The Phosphorus Club recommended the Dillon Bubble. by Bruce Zander s you approach the Continental water quality program for the ADivide on Interstate 70 from basinwide management of phosphorus, Denver, an array of majestic mountain which is one of the leading threats to peaks greets you. These extraordinary Lake Dillon's water quality. land forms host the origins of several Phosphorus is a common nutrient that water sources which feed streams and comes from various sources including rivers bound for both the Pacific and fertilizers, some detergents, and septic Atlantic Oceans. tanks. As you begin the descent into Although Lake Dillon is situated in a Summit County, Colorado, you catch a secluded part of the Rocky Mountains, glimpse of a mass of water nestled in it is threatened by water quality (Zander is an Environmental Engineer the steep valley below. This reservoir, problems shared by many other lakes in the Water Management Division of known as Lake Dillon, is a focal point and reservoirs across the country. Like EPA's Region 8 Office in Denver, for recreational activities. It has also other water bodies, Lake Dillon has Colorado.) been the focal point of an innovative been subject to excessive loadings of

BrtJce Zander photo. Coif and ski resort al Lake Dillon. A conflict arose between those who wanted more development and those who worried about further lake degradation.

47 NOVEMBER/DECE MBER 199 1 The prisline quality of Lake Dillon had always been part of its attraction. Th e ''Dillon Bubble" stra tegy preserves the status quo by dea ling with both point and nonpoint sources of pollution.

nutrients. particularly phosphorus. state-of-the-art technologies to their curtailing further development in the which can result in unwanted algae wastewater treatment facilities and basin. However, the Phosphorus Club blooms and loss of water clarity. local authorities had to consider came up with an innovative strategy In the early 1980s, as Summit moratoriums on new development. designed to allow growth in the basin County grew al a tremendous rate, The Northwest Colorado Council of while at the same time people became aware of declining Governments rose to the challenge and maintaining--or even improving- the water quality in Lake Dillon. The organized a committee of water quality of Lake Dillon. This Colorado Water Quality Control unprecedented membership: Local approach, first dubbed the "Dillon Commission maintained a strong representatives from the county, Bubble," was accepted by the state and control over the wastewater treatment towns, special districts, ski areas, and EPA as a viable method for managing facilities that discharged into the Lake. mining interests made up the group as phosphorus in the basin. As is often the case, the point sources well as representatives from the state. The so-called Dillon Bubble of pollution were required to carry EPA, and the Denver Water Board. The represented a total watershed approach much of the responsibility for cleanup emerging problem at Lake Dillon towards phosphorus control. Instead of by providing advanced levels of served to unite these entities under managing pollutant sources in a treatment. It was documented, piecemeal fashion, with the regulatory however, that the vast majority of agencies addressing point sources and phosphorus coming into Lake Dillon Meanwhile, the Denver local authorities addressing nonpoint originated from nonpoint sources metropolitan area was sources, all sources were managed within the basin. About one half of the relying more and more on under one process. Moreover, the nonpoint-source phosphorus came Lake Dillon as a source of successes in curbing nonpoint sources from acti vities including runoff from in the basin could provide relief to the parking lots. golf courses, construction drinking water .... point-source facilities, enabling them sites, and seepage from septic tanks. to accommodate growth in the county. A conflict emerged between those One big advantage of broadening interests that wanted to continue one purpose. Self-named "the pollution control to include expanding recreational use and land Phosphorus Club," this group proved nonpoint-source as well as development in the Dillon basin and to be intensely committed to finding a point-source treatment is the potential those that wanted to halt any furt her solution. They met every week for an cost savings. Many nonpoint source degradation of the lake. Along with extended period of time, evaluating controls are low-tech, simple expanded growth in the basin, technical and administrative approaches such as detention ponds increased nonpoint sources could be innovations for solving the problem. and grass filter strips. expected. The issue became The first challenge of the The Lake Dillon strategy included a particularly difficult si nee the pristine Phosphorus Club was to re-evaluate plan for "trading" pollution discharges quality of Lake Dillon had always been what the acceptable level of quality between nonpoint sources and point a key attraction which brought people should be for Lake Dillon. As a sources that called for the removal of 2 into the basin. minimum, water quality targets needed pounds of nonpoint-source phosphorus Summit County was already the to be set to protect all the diverse uses for every 1 pound of phosphorus cred it center of a tremendous and rapidly of the reservoir. It was especially awarded a point-source facility. This growing ski industry. Also, during the difficult to establish standards to 2:1 trading ratio was established to summer, more people were coming to protect the lake from algal blooms and account for any increase in the basin for activities such as loss of lake clarity, given the subjective nonpoint-source loading due to growth sailboating and fishing. Meanwhile, aspects involved. and to allow an environmental safety the Denver metropolitan area was Ultimately, the Phosphorus Club margin. relying more and more on Lake Dillon addressed the issue of water quality An example will help illustrate how as a source of drinking water standards by recommending the status the trading system works. The Town of (transported to Denver via tunnels quo: No further increase in phosphorus Frisco on the western shore of Lake through the mountains). loadings should be allowed. Initially, Dillon has made modifications to its The problem came to a head when this goal of no further water quality urban stormwater coll ection system to the towns and special districts had to degradation in Lake Dillon seemed achieve phosphorus removal. By consider adding expensive strictly allied with the intent of redesign ing the system with

48 EPA JOURNAL Bruce Zander photo. phosphorus removal in mind, the town country. The benefits of this approach local ordinances, new development created a network which acts like a in the Dillon basin have included: will likely contribute some series of underground detention ponds. phosphorus. To counter this increase, • Allowing population and Once the removal effectiveness of "old" nonpoint-source phosphorus recreational growth to coincide with a these modifications is documented, policy of antidegradation of water could be treated and eliminated to Frisco can apply for a credit of 1 quality mitigate newly created sources of pound of phosphorus for its treatment phosphorus. Again, such trading facility for every 2 pounds of • Linking the control of nonpoint would be designed to prevent further stormwater phosphorus removed by source and point sources under a degradation of the reservoir and the upgraded stormwater system. watershed approach possibly improve water quality. The Colorado Water Quality Control • Allowing "trading" between the The water quality concerns of the Commission has incorporated the various sources of phosphorus, thus basin still have the attention of the Dillon Bubble approach into state minimizing costs to the community local governments. The Phosphorus regulation. The regulation specifies the while protecting or enhancing the Club has evolved into the Summit phosphorus loading limits for Lake water resource Water Quality Committee, which Dillon and allocates limits to all considers a range of issues. The sources, allowing for phosphorus • Providing incentives to control committee believes that Lake Dillon trading. nonpoint sources while tying those has a strong chance of maintaining its As part of the Dillon trading controls to enforceable point source good water quality now that there is a approach, local governments were programs. concerted, integrated effort to control both point and nonpoint sources of required to demonstrate a commitment Since the inception of the Dillon pollution. o to cleaning up nonpoint sources by Bubble concept, the municipal enacting land use ordinances which treatment facilities have made great address items such as erosion controls, progress in improving their septic tank maintenance requirements, phosphorus treatment. Because of this and standards for how close improvement and a slowed rate of construction could approach streams. population growth, the original nature In addition, the local entities made a of the trading program has also strong pledge to maintaining water changed. Point source/nonpoint source quality by funding a field sampling trades continue to be proposed, but program to monitor the condition of there is also discussion of nonpoint Lake Dillon. source/nonpoint source trading. The Dillon approach is potentially Although future nonpoint-source applicable to other situations in the phosphorus will be controlled through

NOVEMBER/DECEMBER 1991 49 FINDING SOLUTIONS

Innovations at Boulder Creek

Boulder Creek quickly changes healthy state. True, the with anchored logs to prevent character as it leaves the shelter principal point source of erosion, planting willow and of the canyons along Colorado's pollutants into Boulder Creek cottonwood trees to provide front range. It loses speed and was the treatment facility, but shading and riparian habitat, power as it becomes an urban stream studies indicated many physically reshaping the creek stream, making its way through other complications to restoring back to its natural shape, the city of Boulder. It widens as the creek. Among these were building re-aeration structures it flows eventually to rural, stormwater runoff from urban such as rock clusters to promote flatland areas east of the City. and rural areas, livestock higher dissolved oxygen levels Here, in this lower section, grazing, gravel mining, in the water, and creating Boulder Creek has difficulty irrigation return flow, and wetlands for the treatment of supporting a healthy aquatic life streambank erosion. irrigation return flows. community. In an effort to better These stream renovation The problems are linked to understand the full ecology of activities are designed to bring both point and nonpoint Boulder Creek, the city back environmental qualities sources of pollution, but embarked on a data-gathering that had been lost over the degraded physical habitat of the effort which included further years. Reshaping the stream creek is also a factor. The City evaluation of the stream's water back to original configurations of Boulder is solviug these quality, inspection of its fish and replanting the streambank problems in a nontraditional and macroinvertebrate life, riparian areas will foster habitat way by taking a holistic, assessment of physical habitat that is more conducive to watershed approach that characteristics, an inventory of aquatic life as well as wildlife. addresses all causes of land use practices in the Additional benefits will include environmental stress. watershed, and an accounting of cooler stream temperatures and At first, on looking at the all nonpoint sources of moderation of stream pH levels water quality problems of pollution. Resources from the due to shading from the new Boulder Creek from a traditional city, the University of Colorado, strearnside vegetation. These perspective, the solution and local consultants were renovations will not only help appeared to be straightforward. supplemented with funds from improve water quality but also Reports showed exceedences of the state and EPA to accomplish diminish the toxic effect the state water quality standards much of the work. associated with ammonia found below the city's wastewater After consulting with stream in Boulder's wastewater treatment facility. In particular, biologists, the city discharge. discharges from the facility recommended an approach that The community has were causing toxic levels of included full chemical, responded in a very positive ammonia in the creek. The biological, and physical way to the city's restoration obvious solution was to invest restoration of the creek below initiative. Local groups have in changes at the facility to the wastewater treatment plant. contributed materials and labor improve its effluent quality. In other words, the approach as well as streamside easements According to initial estimates, addressed the full ecology of to the city for this effort. the plant expansion and Boulder Creek, rather than just And the total cost of upgrade would cost over $20 water quality. The restoration restoration? Estimates indicate million. activities included in this that the expense will l:ie far less Close scrutiny of the creek, approach were diverseand than the cost of a traditional however, showed that this ambitious: fencing the creek to expansion and upgrade at the investment would not control access by cattle and municipal treatment plant. necessarily revive the creek to a horses, stabilizing the creek -Bruce Zander

50 EPA JOURNAL manure runoff from feedlots, over-application of fertilizers, leaching of pesticides, and stream banks Wisconsin's trampled by cattle are all examples of agricultural pollution sources. With 80,000 farms, 5.4 million head of cattle and hogs, and 12 million acres of cropland, agriculture is the "Bad Actors" Program dominant land use in Wisconsin and the state's largest industry. The large The bad actors lost the manure wars. number of potential pollution sources places serious limitations and demands on the programs charged by Ed Odgers with the cleanup. The economic stress now shadowing agriculture deepens the challenge.

ince 1984, Wisconsin's programs of pollution during the 1970s, "Bad Actor" Regulations Sto address nonpoint pollution have nonpoint pollution now represents the Following a protracted legislative included regulatory or "bad actor" gravest threat to Wisconsin's abundant debate that came to be known as the components in addition to voluntary ground and surface water resources. "manure wars," the Wisconsin state cost-share initiatives. Though the two According to a recent assessment, 40 legislature first established annual approaches are complimentary, they percent of Wisconsin's rivers and waste management regulations in 1984. have historically been applied through streams and 93 percent of its lakes are These landmark regulations set up a independent programs. Right now, degraded by nonpoint pollution. More two-tiered approach, separating large state legislators are considering than 10 percent of the state's 700,000 farms of more than 1,000 animal units expanded regulations to supplement private water supply wells are from other livestock producers. As a traditionally voluntary programs. contaminated with nitrate leels result, about 40 large operations in Following an intensive cleanup of exceeding state standards, and again Wisconsin are now required to meet industrial and municipal point sources the blame is placed on nonpoint state standards for runoff control. sources. manure storage, and land application Though urban stormwater runoff and of manure through a permitting (Odgers is an agricultural engineer construction site erosion are system. The remaining 70,000 with the Wisconsin Department of contributing sources, agriculture livestock producers are subject to Agriculture; Trade, and Consumer continues to be the major source of clean-up orders if a complaint is Protection.) nonpoint pollution. Cropland erosion, registered against them and subsequent

Typical Barnyard Runoff Management System

Sou,et· Craig Thompson.. \\'15'onsin Dcpa1lmad of Nalural Resources

NOVEMBER/DECEMBER 1991 51 investigations determine there was a limited in scope; only about six priority watershed "holdouts," the "significant discharge" of pollutants. enforcements are projected annually. legislature is now considering Each year, approximately 200 citizens' Examples of recent enforcement modifications to this traditionally complaints are made, resulting in actions have involved the severe voluntary program that would initiate about 40 clean-up orders or "Notices of erosion of a ski hill and sediment a regulatory mop-up if voluntary Discharge." runoff from a golf course under efforts fail to achieve project goals. The vast majority of these orders construction. Proponents of legislation to have been issued for manure runoff Administrators of both these incorporate "bad actor" provisions in from feedlots to surface waters. regulatory programs agree that the the Priority Watershed Program Corrective measures for feedlot runoff current number of clean-up orders is maintain that regulations are necessary problems may be as simple as just the tip of the nonpoint pollution to protect the state's investment in diverting clean stormwater runoff iceberg. The current system is limited these watersheds and to assure around the barnyard and fencing off by staff shortages and the need to rely progress toward pollution reduction. livestock to provide protective buffer on complaints by private citizens to Additionally, they argue that the threat zones along stream or lake shores. target potential sources. Ultimately, a of pending regulations will stimulate However, critical sites may require the more comprehensive mechanism will voluntary participation, and clean-up installation of more costly structural be needed to effect a statewide orders rarely will be needed. practices for the containment and cleanup. Opponents argue that forcing filtration of the manure-laden runoff. participation in watershed projects Overflow and seepage from Preventive Local Ordinances would impose more stringent improperly constructed or mismanaged Some Wisconsin counties are pursuing standards on farm operations in these manure storage systems represent the a preventive, regulatory approach to watersheds than would be required next largest category of problems. nonpoint pollution. Following state outside the watershed boundaries. Though less common, these problems guidelines, 30 of the state's 72 counties They maintain that increased and can result in equally devastating have enacted manure storage facility uniform application of current damage to the surface water and an ordinances primarily intended to statewide regulations would be even greater threat to ground water. protect ground water. Permits required sufficient to bolster voluntary program Wisconsin state agencies and county for the installation of storage facilities participation. conservation departments work in ensure that these systems are designed In summary, Wisconsin's present concert to create a cooperative and installed according to approved approach relies on both voluntary and environment for the resolution of these standards. regulatory tools to address agricultural animal waste management problems. A model ordinance is also being nonpoint pollution. This combination When cited, a farmer is allowed from developed by state agriculture is generally considered one of the most 60 days to two years to make department officials for streambank progressive systems in the nation, yet management changes or install protection from uncontrolled livestock more rapid progress is needed if the corrective measures. During this time, access. As with manure storage state hopes to protect and restore water fines are not imposed unless serious ordinances, counties will be quality. It now appears that regulations negligence is involved. Cost-share encouraged to develop streambank will see expanded use as the state grants for up to 70 percent of the costs protection ordinances tailored to their searches for ways to accelerate the for corrective measures are provided in needs and administrative capabilities. cleanup of nonpoint pollution. Success the approximately 20 cases a year that To complete the picture, will depend on how well state require capital improvements. Project municipalities have been encouraged programs capitalize on the grants average about $15,000 and to adopt construction site erosion complimentary effect that can be usually are accompanied by technical ordinances and stormwater control achieved with a balance of voluntary assistance provided by county-based plans in an effort to curb and regulatory tools. o conservation technicians. This kind of non-agricultural sources of nonpoint assistance has been decisive in helping pollution. farmers comply with clean-up orders. In 1988, another regulatory tool was Proposed Legislation enacted to address pollution from nonpoint sources other than animal Wisconsin's flagship nonpoint program waste, such as eroded sediment, is its Priority Watershed Program, with pesticide and fertilizer runoff, and an annual budget of $7 million and a stream bank erosion. This more recent project area encompassing 37 critical legislation was born of the state's watersheds. Voluntary participation frustration in attempting to halt one rates are 70 percent, yet many farmer's negligent tillage practices, watershed projects have fallen short of which dumped thousands of tons of their goals because key polluters have sediment into a popular lake, but it is failed to participate. not restricted to agricultural pollution Recognizing the slow progress and sources. The resulting program is unfulfilled goals brought about by

52 EPA JOURNAL Dos and Don'b around the Home by Robert Goo

he importance of education in tr bringing nonpoint-source pollution under control is a recurring theme in this issue of EPA Journal. The reason for this is pragmatic: What you don't • Buy chemicals only in the amount know can hurt the environment. When you expect to use, and apply them rain falls or snow melts, the seemingly only as directed. More is not better. negligible amounts of chemicals and • Take unwanted household other pollutants around your home chemicals to hazardous waste and premises get picked up and collection centers; do not pour them carried via storm drains to surface down the drain. Pouring chemicals waters. The ramifications include down the drain may disrupt your polluted drinking water, beach septic system or else contaminate closings, and endangered wildlife. treatment plant sludge. So what can you do to help protect Household Chemicals surface and ground waters from • Never pour unwanted chemicals on so-called nonpoint-source pollution? • Be aware that many chemicals the ground. Soil cannot purify most You can start at home. Begin by taking commonly used around the home are chemicals, and they may eventually a close look at practices around your toxic. Select less toxic alternatives. Use contaminate runoff. house that might be contributing to non-chemical substitutes wherever • Use low-phosphate or polluted runoff: You may need to possible. phosphate-free detergents. make some changes. The following are • Use water-based products whenever some specific tips to act on-dos and don'ts, organized by categories, to help possible. you become part of the solution rather • Leftover household pesticide? Do than part of the problem of not indiscriminately spray pesticides, nonpoint-source pollution. either indoors or outdoors, where a pest problem has not been identified. (Goo is an Environmental Protection Dispose of excess pesticides at Specialist in EPA's Nonpoint-Source hazardous waste collection centers. Control Branch.)

NOVEMBER/DECEMBER 1991 53 TAKING ACTION Other landscaping tips: areas where the potential for water contamination is high, such as sandy - Install wood decking or bricks or soils, steep slopes, compacted soils, interlocking stones instead of and verges of water bodies. Select the impervious cement walkways. proper season to apply fertilizers: - Install gravel trenches along incorrect timing may encourage weeds driveways or patios to collect water or stress grasses. Do not apply and allow it to filter into the ground. pesticides or fertilizers before or - Restore bare patches in your lawn during rain due to the strong as soon as possible to avoid erosion. likelihood of runoff. -Grade all areas away from your • Calibrate your applicator before house at a slope of one percent or applying pesticides or fertilizers. As more. equipment ages, annual adjustments may be needed. • Leave lawn clippings on your lawn so that nutrients in the clippings are • Keep storm gutters and drains clean recycled and less yard waste goes to of leaves and yard trimmings. landfills. (Decomposing vegetative matter leaches nutrients and can clog storm • If you elect to use a professional systems and result in flooding.) lawn care service, select a company Landscaping and gardening that employs trained technicians and Septic Systems follows practices designed to minimize the use of fertilizers and pesticides. Improperly maintained septic systems • When landscaping your yard, select can contaminate ground water and plants that have low requirements for • Compost your yard trimmings. surface water with nutrients and water, fertilizers, and pesticides. Compost is a valuable soil conditioner pathogens. By following the Cultivate plants that discourage pests. which gradually releases nutrients to recommendations below, you can help Minimize grassed areas which require your lawn and garden. (Using compost ensure that your system continues to high maintenance. will also decrease the amount of function properly. fertilizer you need to apply.) In • Preserve existing trees, and plant addition, compost retains moisture in • Inspect your septic system annually. trees and shrubs to help prevent the soil and thus helps you conserve erosion and promote infiltration of • Pump out your septic system water. water into the soil. regularly. (Pumping out every three to • Spread mulch on bare ground to five years is recommended for a • Use landscaping techniques such as help prevent erosion and runoff. three-bedroom house with a grass swales (low areas in the lawn) or 1,000-gallon tank; smaller tanks should porous walkways to increase • Test your soil before applying be pumped more often.) infiltration and decrease runoff. fertilizers. Over-fertilization is a common problem, and the excess can • Do not use septic system additives. leach into ground water or There is no scientific evidence that contaminate rivers or lakes. Also, biological and chemical additives aid avoid using fertilizers near surface or accelerate decomposition in septic waters. Use slow-release fertilizers on tanks; some additives may in fact be detrimental to the septic system or contaminate ground water. • Do not divert stormdrains or basement pumps into septic systems. • Avoid or reduce the use of your garbage disposal. (Garbage disposals contribute unnecessary solids to your septic system and can also increase the frequency your tank needs to be pumped.) • Don't use toilets as trash cans! Excess solids may clog your drainfield and necessitate more frequent pumping.

54 EPA JOURNAL of airborne pollutants, which increase Community Action acid rain; they also deposit toxic • Participate in clean-up activities in metals and petroleum byproducts into your neighborhood. the environment. Regular tuneups and inspections can help keep automotive • Write or call your elected waste and byproducts from representatives to inform them about contaminating runoff. Clean up any your concerns and encourage spilled automobile fluids. legislation to protect water resources. Water Conservation • Recycle used oil and antifreeze by • Get involved in local planning and Homeowners can significantly reduce taking them to service stations and zoning decisions and encourage your the volume of wastewater discharged other recycling centers. Never put used local officials to develop erosion and to home septic systems and sewage oil or other chemicals down sediment control ordinances. treatment plants by conserving water. stormdrains or in drainage ditches. • Promote environmental education. If you have a septic system, by (One quart of oil can contaminate up Help educate people in your decreasing your water usage, you can to two million gallons of drinking community about ways in which they help prevent your system from water!) can help protect water quality. Get overloading and contaminating ground your community groups involved. water and surface water. (Seventy-five percent of drainfield failures are due to For more information on how you hydraulic overloading.) can help, contact your • Use low-flow faucets, shower heads, State Water Quality Coordinator reduced-flow toilet flushing or Local Cooperative Extension equipment, and water saving Officer. o appliances such as dish and clothes washers. (See table on water savings possible with conservation devices.) • Repair leaking faucets, toilets, and Editor's note: A useful booklet entitled pumps. Handle with Care: Your Guide to Preventing Water Pollution (Terrene • Use dishwashers and clothes Institute, 1991; v + 36 pages) is washers only when fully loaded. available from the Terrene Institute; • Take short showers instead of baths 1000 Connecticut Avenue, NW, Suite and avoid letting faucets run 802; Washington, DC 20036; phone: unnecessarily. [202) 833-8317; FAX: (202) 466-8554. Copies are $9.95 each; quantity • Wash your car only when necessary; discounts available on request. (A use a bucket to save water. catalogue of other Terrene Institute Alternatively, go to a commercial publications is available free of carwash that uses water efficiently and charge.) disposes of runoff properly. • Do not over-water your lawn or garden. Over-watering may increase leaching of fertilizers to ground water. Examples of Savings with Water-Saving Fixtures/Devices • When your lawn or garden needs Conventional Gallons Water Savers** Gallons watering, use slow-watering techniques Used* Used such as trickle irrigation or soaker Toilet 4-6 Air-assisted 0.5 hoses. (Such devices reduce runoff and toilet are 20-percent more effective than Shower head 4-6 Low-flow 2.1 sprinklers.) shower head Faucets Faucet-flow control aerators Other Areas Where Bathroom 4-6 Bathroom 0.5 You Can Make a Difference Kitchen 4-6 Kitchen 1.5 Top-load 40-55 Front-load 22-33 • Clean up after your pets. Pet waste clothes washer clothes washer contains nutrients and pathogens that can contaminate surface water. *Toilets: gallons per flush. Shower heads, faucets: gallons per minute. • Drive only when necessary. Driving Clothes washer: gallons per use less reduces the amount of pollution **Installation of all these devices should reduce water use your automobile generates. by about 35%. Automobiles emit tremendous amounts Source: Pennsylvania State Special Circular No. 302 55 NOVEMB ER/DECEMBER 1991 FOR THE CLASSROOM

Staging a nonpoint-source pollution in this issue of EPA Journal can provide grist for A Lesson Plan Coroner's Inquest class discussion. This is an investigation into the For the purpose of staging an reported "death" of Chesa Peake. Key inquest, assign a role to each student on NPS to the inquest will be the autopsy in your class-or, better yet, have report, which consists of a brief them pick their own roles if they have description of the condition of the strong preferences. Jury selection is Pollution strongly recommended if your class is water "body" together with a map of the Chesapeake Bay Drainage Basin. large enough; still other students can A Coroner is a public officer (usually be witnesses or concerned citizen Investigating the demise spectators (possibly demonstrators?). of Chesa Peake. a medical specialist) who is charged with determining the cause of any The most difficult roles, however, are death not obviously due to natural those of the Coroner and the members causes. He or she may call an inquest, of the Coroner's Investigating Team. or official hearing, into the cause of death and in doing so may call witnesses and elicit testimony. The Autopsy Report on final cause of death is then determined by the coroner following an Ms. Chesa Peake examination of all relevant evidence. A Age: Eons old jury may assist. Size: 193 miles long by 3 to 25 miles wide, the largest inlet in the United Note to Teachers: States' Atlantic coast This activity is a takeoff on the recent popular TV series "Twin Peaks." By doing a bit of extra research, teachers may adapt this concept to localities other than the Chesapeake Bay region-perhaps a nearby river, lake, or estuary. It is strongly suggested that the class arrive at a working definition of nonpoint-source pollution before beginning this activity. The introductory articles about

ATLANTIC OCEAN

56 EPA JOURNAL Close Relatives: Emptying basin of the Susquehanna, James.York, Rappahannock, Potomac, Patuxent, Wicomico, Nanticoke, Choptank, and Chester Rivers; major port, Baltimore Offspring: Home to alewives, croakers, shad, oyster, and crab, as well as huge quantities of duck, heron, and other wildlife-all in diminishing supply since the 1970s Personal History: After being pristine and incredibly abundant for centuries, bountiful home to Indians, commercial fisheries·and recreational users, Ms. Peake took a turn for the worse in the 1970s when residential and industrial development near her shorelines led to significant pollution of her bay by sewage, industrial wastes, and nonpoint-source sediments from nearby farms and urban facilities. Recreational use and commercial fishery yields continued to decline in the 1980s until major environmental initiatives were undertaken to turn the Runoff from parking lots is just Getting Started tide. one of many sources of nonpoinl The Coroner presides at the inquest. The question to be considered at the pollution. Take a look around a Witnesses should be sworn in when inquest is, Who (almost} killed Chesa parking lot near your school or called to the witness stand for Peake? Was it treated and untreated home. What pollutants might be sewage? Was it industrial point washed away with the next questioning. The Coroner should begin the inquest by reading the autopsy sources? Or was it nonpoint-source rainstorm or snowmelt? report stating the facts known to be pollution? Or some combination of the related to the death of the victim. three? Each student should be encouraged to live his or her role. Costumes would Dramatis Personae help. It is especially important, however, for each student to research The following list of characters can be Belinda Bureaucrat: Local Government his or her own role by carefully adapted as appropriate to fit class size· Official reading the appropriate article in EPA The Coroner: The leader of the inquest, Frieda Farmer: Livestock Owner Journal (the teacher may need to help Mr. or Ms. Coroner determine which article is appropriate Sally Soybean: Crop Farmer for which particular role). Students The Investigating Team: Three or four Buddy Builder: Housing Developer should be prepared to answer students with names like Sherlock questions related to two major areas: Holmes, Hercule Poirot, Jane Marple, Martina Marina: Boat Marina Owner • How might your character's actions and Nero Wolfe Teddy Timberman: Commercial Logger have contributed to the death of Chesa Albert Auto: Automobile Owner Freddy Freight: Owner, Commercial Peake? Tanker Gus Gas: Filling Station Operator • What action or actions can your Barney Boatowner: Pleasure Boat Malcolm Miner: Strip Miner character take to change those Owner Lydia Lawnservice: Owner of behaviors? The Coroner and the members of the Wally Waterman: Commercial Lawn-Service Business Investigating Team need to research Fisherman Barbara Bayside: Another Bay Area the appropriate articles for all Mary Mayor: Town Mayor Homeowner characters so that they can subpoena Brenda Bureaucrat: Federal Veronica and Virgil Voter: Concerned and question everyone intelligently. (The teacher may need to help them Government Official Citizens divide up this work.) A list of Boyce Bureaucrat: State Government questions should be prepared for each Official witness ahead of time. Continued on next page NOVEMBER/DECEMBER 1991 57 Additional Activities local radio or TV stations to use these Sources in an effort to create public awareness. Classes with additional time and "Chesapeake Bay," Encyclopedia interest may wish to try some of these • Create entries in the diary of a Britannica. related activities: waterman or other figure whose life has been impacted by the adverse EPA journal, November/December • Organize a field trip to a nearby changes in a local body of water. 1991. (Obtain from the EPA Public stream, lake, or bay known to be Information Center: (202) 260-2080.) suffering from nonpoint source • Write a speech to be delivered "Baybook: A Guide to Reducing Water pollution problems. Have students take before your local governing body or Pollution at Home," prepared by a notes on their observations and make your school board. In this speech, you consortium of organizations and reports afterward. should discuss the problems of nonpoint-source pollution in your funded by EPA. (Obtain by writing the • Monitor the quality of your local community and suggest possible Citizens' Program for the Chesapeake body of water by using water and soil actions to be taken. Bay, Inc., Suite 100, 6600 York Road, testing kits. Compare your results with Baltimore, MD 21212; phone: (301) those of your local water board or • Adopt-a-stream in your locality by 377-6270. First copy is free; additional commission. contacting your local water copies at $1 each. It's okay to xerox management officials. Choose an area the " Baybook" for students.) • What is the biggest nonpoint source of a stream, lake, river, or bay, and pollution problem in your locality? begin a regular clean-up program. Find "Chesapeake Bay Restoration: Survey neighbors and public officials out how it becomes polluted, and try Innovations at the Local Level." to find out their views and compile a to come up with ways to prevent its prepared by the Chesapeake Bay Local top 10 (or a top 5) list. Consider how future contamination. Government Advisory Committee. (Call these problems might be addressed by (202) 962-3360 or write Eric Jenkins, your local governing body.Invite one of • Start a program in your area to mark 779 N. Capitol Street NE. Suite 300, your local officials to your class to storm drains with flags or signs so as Washington, DC 20002, for free discuss your findings. to draw community attention to their copies.) location and their environmental • Create several audio or videotaped significance. This is an important "Nonpoint Source Pol lution: Land Use Public Service Announcements (PSAs) public awareness project. It helps and Water Quality," prepared by the addressing the problem of nonpoint educate the public and acts as a Washington County Project with funds source pollution in your locality. Ask deterrent to direct dumping of from EPA, Region 5. (For information pollutants. Warning: Remove markings about obtaining copies, phone Louise before they become unsightly eyesores. Ollarvia, EPA Region 5 Publi cations Specialist, at (312} 353-6198.) "Pointless Pollution," a videotape narrated by Walter Cronkite and produced by the Lower Colorado River Authority. (Contact Bullfrog Productions, 1 (800) 543-FROG, for copies at $250 apiece.) o

Acknowledgement: Teachers Sue Rafferty , Anne Alexiou , and Fran Earle of Yorktown High School in Arlington, Vi ·ginia, worked with EPA Journal staff to prepare this feature.

58 EPA JOURNAL TITANS IN CONSERVATION Glimpses of Pinchot by Jack Lewis

e was considered a kind of Commission-Sargent, Brewer, Hague, Hwalking, talking Johnny and Abbot-at Belton, Montana, on Appleseed, an intelligent, sparing Paul July 16. To my great delight, John Muir Bunyan, a noble forester who almost was with them. In his late fifties, tall, singlehandedly popularized the thin, cordial, and a most fascinating concept of conservation in the United talker, I took to him at once. It amazed States. To be sure, he built on firm me to learn that he never carried even groundwork laid by Thoreau, Muir, a fishhook with him on his solitary and other environmental pioneers, and explorations. He said fishing wasted he was greatly helped in every way by too much time ... his friend, Theodore Roosevelt. By the "From Oregon I headed for the time Gifford Pinchot died in 1946. he California Sierras, where Colonel S. B. had lived to see his ideals widely M. Young, fro m his camp at Wawona, embraced by the public and sent me with a pack outfit to the thoroughly institutionalized at both the Tuolumne Meadows, from which federal and state levels of government. enchanting spot I made my solitary Some sources even credit Pinchot with way to the top of Mt. Dana and saw coining the term "conservation" itself. the glorious chain of the Sierras He always had a way with words: He tumbling like granite waves from south dubbed unsigh tly signs and billboards to north, and wearing about its middle "highway halitosis." a girdle of green trees. There are some According to novelist Owen Wister, sights you never forget. Pinchot's eyes "look as if they gaze "From the Meadows my way led upon a Cause," as indeed they did, down Bloody Canyon and by wagon and those eyes were an uncommonly past the alkali waters of Mono Lake. In handsome sky-blue. They had one day the mules I drove behind competition in the form of an made seventy miles. Then to the little Gifford Pinchot overgrown handlebar moustache, town of Independence, where I hired a which drooped down over a mouth horse to take me and my pack up the never known to touch liquor or long grade to and through the tobacco. Always athletic, Pinchot stood Keersarge Pass, and a man on another a lean and muscular six foot one, horse to lead him home. (Years hardly surprising in a man who once afterward a pass and a peak were played six straight sets of tennis with named for me just here or hereabouts.) Teddy Roosevelt, then ran a footrace At Bullfrog Lake I made my first c.ump, with the President to the White House. and the next day, pack on back. started (History does not record who won.) down King's River ... Pinchot began the Forest Service "At Millville, outside the Sierra with a staff of 10 people and a budget Forest Reserve, I ran into the gigantic of $4,133, at a time when the entire and gigantically wasteful lumbering of federal bureaucracy totaled 17,000 the great Sequoias, many of whose people (it now employs over three trunks were so huge they had to be million); 17,000 is the current blown apart before they could be population of EPA alone. handled. I resented then, and I still Pinchot and others of the National resent_. the practice of making vine Forest Commission took an inspection stakes hardly bigger than walking tour of western forests in 1896. Famed sticks out of these greatest of living naturalist, John Muir, traveled with things. (Lewis is an assistant editor of EPA them. "All in all, it was a journey beyond Journal.) "At long last I met the my power to describe--from bare rocks

NOVE MBER/DECEMBER 1991 59 . . - . - .. . ~ - - . ~ - " ::- J. -=-·s·. . - . . ... ~ --· .:__ ~ ~ n.i..- J< ..., ••• __;r~' - ,.t.~~ - ~ • , I

and snowdrifts and glacial lakes and wind-twisted Pines and Cedars at Pinchot was helped timber line down to magnificent huge in every way by his Sequoias and Sugar and Ponderosa friend Th eodore Pines and Firs and Incense Cedars, Roosevelt. In this down again to Digger Pines and out 1907 photo, they into the chaparral, and so at last to the cruise the vines and orchards of the San Joaquin Miss issippi River Valley around Visalia. to promote in la nd waterwa ys. "From Los Angeles the Commission took a look at the San Bernardino Mountains, already reserved, and the San Jacintos, which were to be. Next came Flagstaff, and the great Coconino Forest, still to be saved, at least in part. At the Grand Canyon, by this time, a sort of tent hotel offered a place to sleep and eat. "While the others drove through the woods to a 'scenic point' and back again, with John Muir I spent an unforgettable day on the rim of the prodigious chasm, letting it soak in. I remember that at first we mistook for rocks the waves of rapids in the mud-laden Colorado, a mile below us. And when we came across a tarantula he wouldn't let me kill it. He said it had as much right there as we did. "Muir was a storyteller in a million. Forest Service Collection. Notional Agricultural Llbrary. For weeks I had been trying to make him tell me the tale of his adventure with a dog and an Alaskan glacier, "That night it froze, but the fire kept thing and that the attack on waste is afterward printed under the title of us from freezing. In the early morning an industrial necessity. I recall very Stickeen. If I could get him alone at a we sneaked back like guilty well indeed how, in the early days of campfire- We had left from our schoolboys, well knowing that we forest fires, they were considered lunches a hard-boiled egg and one must reckon with the other members simply and solely as acts of God, small sandwich apiece, and water of [our party], who probably imagined against which any opposition was enough in our canteens. Why go back we had fallen over a cliff. They had hopeless and any attempt to control to the hotel? done just that, and they told us what them not merely hopeless but childish . "That, it developed, suited Muir as they thought of us with clarity and It was assumed that they came in the much as it did me. So we made our conviction." (Breaking New Ground, natural order of things, as inevitably as beds of Cedar boughs in a thick stand 1947, p. 103) the seasons or the rising and setting of that kept the wind away, and there he the sun. Today we understand that talked until midnight. It was such an Ahead of his time in this as in so forest fires are wholly within the evening as I have never had before or much else, Pinchot regarded pollution control of men. So we are coming in since. prevention as an integral part of like manner to understand that the conservation: prevention of waste in all other " . .. conservation stands for the directions is a simple matter of good prevention of waste. There has come business. The first duty of the human gradually in this country an race is to control the earth it lives understanding that waste is not a good upon.

60 EPA JOURNAL Milestones

1865 Pinchot is born August 11th in Connecticut, heir to a New York dry goods and real-estate fortune. 1889 Graduates from Yale. 1890 Becomes the first American to receive formal instruction in forestry when he studies at the National School of Waters and Forests, in Nancy, France. "We are in a position more and more kind of practical common-sense completely to say how far the waste 1892 Introduces America's first management of this country by the and destruction of natural resources systematic forest management people that every business man stands are to be allowed to go on and where practices to North Carolina's for in the handling of his own they are to stop. It is curious that the Biltmore forest. business. It believes in prudence and effort to stop waste, like the effort to 1896 He is appointed to the foresight instead of reckless blindness; stop forest fires, has often been National Forest Commission by the it holds that resources now public considered as a matter controlled National Academy of Sciences; the property should not become the basis wholly by economic law. I think there Commission's recommendations for oppressive private monopoly; and could be no greater mistake. Forest lead to passage in 1897 of the it demands the complete and orderly fires were allowed to burn long after Forest Reserve Act, calling for the development of all our resources for the people had means to stop them. designation and protection of the benefit of all the people, instead of The idea that men were helpless in the America's national forests. the partial exploitation of them for the face of t;hem held long after the time benefit of a few. It recognizes fully the 1898 Becomes Chief Forester, had passed when the means of control right of the present generation to use Division of Forestry, United States were fully within our reach. It is the what it needs and all it needs of the Department of Agriculture, which old story that 'as a man thinketh, so is natural resources now available, but it he administers until 1910. (It he'; we came to see that we could stop recognizes equally our obligation so to assumes its current name, the U.S. forest fires, and we found that the use what we need that our Forest Service, in 1905.) During means had long been at hand. When at descendants shall not be deprived of Pinchot's administration, the what they need." (The Fight for length we came to see that the control national forests increase in acreage of logging in certain directions was Conservation, p. 79) from 51 million to 175 million. profitable, we found it had long been possible. In all these matters of waste 1900 Founds Yale's School of Pinchot, in effect, stumbled on his of natural resources, the education of Forestry and the Society of own epitaph during his early years as the people to understand that they can American Foresters. a forester in North Carolina: stop the leakage comes before the The North Carolina mountain people 1910 He is fired from the Forest "had no newspapers and few books actual stopping and after the means of Service by President Taft for stopping it have long been ready at our except the Bible. But a sentence publicly clashing with Interior written by one of them I shall never hands." (The Fight for Conservation, Secretary Richard A. Ballinger on 1910, pp. 34-5) forget. Riding a saddle mule one day issues of water conservation in the between Biltmore and the Pink Beds Pinchot never stated his central state of Washington; organizes and and meditating generally on the state vision more precisely and more becomes President of the National of the nation, I came to a little house eloquently than in this passage: Conservation Association, with a fence around it and a tombstone "The central thing for which intended to keep the conservation inside the fence. I rode over to look at Conservation stands is to make this cause moving forward; publishes it. On the stone, under a man's name, country the best possible place to live The Fight for Conservation was this, 'He left this country better in, both for us and for our (Pinchot also published five other than he found it.' No man ever earned descendants. It stands against the books during his lifetime.) a finer epitaph." (Breaking New waste of the natural resources which 1931-35 Serves as Republican Ground, p. 62) cannot be renewed, such as coal and Governor of Pennsylvania; during iron; it stands for the perpetuation of his first term, 1923-27, he founds Under the auspices of the the resources which can be renewed, the nation's first anti-pollution Environmental Education Act of 1990, such as the food-producing soils and agency, the Sanitary Water Board. EPA's Administrator, sometime in the forests; and most of all it stands for He is quoted as saying, "I have 1992, will present the first Gifford an equal opportunity for every been a governor now and then, but Pinchot Prize "in recognition of American citizen to get his fair share I am a forester all of the time." outstanding contributions to education of benefit from these resources, both and training concerning forestry and 1946 He dies October 4th, at age now and hereafter. natural resource management, "Conservation stands for the same 81. including multiple use and sustained yield land management." o

61 NOVEMBER/DECEMBER 1991 FE TURING EPA million multinational fund has been concentrations at different altitudes-a set up under the Protocol to which the critical weakness since ozone is not Enlisting United States will contribute some $50 distributed uniformly in the million. EPA has been helping a atmosphere. TOMS cannot monitor the number of countries, including different chemical processes that Space in Mexico, Egypt, and Ecuador, develop occur, nor can it monitor winds or proposals for projects that could be energy input, two factors that eligible for grants from this fund. influence chemical distribution and tile Cause Also, EPA co-chairs one of three catalyze the chemical reactions that international assessment panels cause ozone depletion. studying the economic, technical, The UARS, equipped with scientific, and environmental aspects multimillion dollar instruments that Satellite measures of upper atmospheric ozone depletion. can perform three kinds of The panels' reports will provide the measurements simultaneously, is ozone depletion. basis for the development of designed to fill these data gaps. It will recommendations on further controls measure key parameters of some 18 by Alan B. Nichols to be considered at the 1992 meeting man-made and natural chemical of the Protocol parties in Copenhagen, species in three-dimensional space. It Denmark. will monitor winds, temperature, and Meanwhile, EPA scientists are other dynamic factors that influence working with their counterparts at the concentrations and distribution of NASA and other federal agencies to chemicals in the atmosphere. And it solve the mystery of ozone depletion will measure solar ultraviolet radiation worldwide. EPA is providing NASA and the flux of solar charged with pollutant emissions trends data particles-both sources of energy that are being incorporated into the which catalyze atmospheric chemistry. o long as the ozone hole stayed computer models used to predict In addition to these ozone-related over Antarctica, the problem of future atmospheric effects. Scientists investigations, an instrument aboard stratospheric ozone depletion seemed generally agree on the mechanisms of the UARS monitors total solar fairly remote. But last spring, the ozone loss at work in the South Pole. irradiation in connection with NASA's National Aeronautics and Space However, these mechanisms may not global climate change research. Administration (NASA) announced be the same over the industrial globe. The UARS mission is to better that the ozone layer, which shields life To dispel uncertainties, more understand energy input, global on Earth from the Sun's harmful comprehensive data are needed on the photochemistry, and the dynamics in ultraviolet radiation, is thinning over processes involved. the upper atmosphere, the coupling the mid-latitudes. More disturbing Enter the Upper Atmosphere among these processes, and the news: The ozone layer over the United Research Satellite (UARS). On coupling between the upper and lower States has been depleted 4 to 5 percent September 15, 1991, astronauts aboard atmosphere. since 1978. By EPA estimates, this the space shuttle Discovery deployed The UARS has been set in a could mean 200,000 more deaths from this very special orbiter, whose 600-kilometer, non-sun-synchronous skin cancer in the United States over deployment kicks off "Mission to orbit with an inclination of 57° to the the next 50 years. Planet Earth," NASA's long-term global equator. ln addition, the instruments' Responding to the new NASA data, climate research program. Scientists angle of sight extends an additional EPA quickly came out in favor of heralded the deployment with 23° higher in latitude, resulting in stronger national and international superlatives, calling the UARS "a giant coverage of virtually the entire globe. action. On April 4, Administrator laboratory experiment in the sky" that UARS will provide data from its full William Reilly said more had to be will deliver "a world of new instrument complement for 20 months, done "to assist developing countries information." covering two complete winters in the and to bring ozone-safe substitutes on The UARS technology is undeniably northern hemisphere. It will generate line." Then, on September 19, the dazzling. The project represents a measurements simultaneously and Agency proposed that U.S. companies major advance in the evolution of continuously over the full range of phase out all production and imports remote sensing technology. Until now, local times at all geographic locations of chlorofluorocarbons (CFCs) and atmospheric ozone was tracked by a every 36 days. This will yield what other ozone-depleting chemicals by the few instruments including the Total UARS program manager Michael year 2000, in accordance with the 1990 Ozone Mapping Spectrometer (TOMS), Luther calls a "snapshot of the Earth in amendments to the Montreal Protocol. which flies aboard the satellite three-dimensional space." EPA's response has not stopped at NIMBUS-7. Scientists speak glowingly The UARS measurements are being making proposals. A three-year, $200 of TOMS, which generated spectacular sent to several relay satellites, which images of the Antarctic ozone hole and transmit the data to NASA's receiving provided the evidence of mid-latitude station in White Sands, New Mexico. (Nichols is a writer for the Water thinning. However, TOMS cannot From there, the data are transmitted Environment Federation.) show variations of ozone over phone lines to Goddard Space

62 EPA JOURNAL UARS will send back data from the NASA photo. norlhern hemisphere for lwo Flight Center in Greenbelt, Maryland, complele winlers. The polar ozone hole was relatively where computers make digital easy to see, but detecting clear conversions that yield charts, graphs, indications of mid-latitude thinning and maps. Researchers will use these has been much more difficult. data in their computer models to Moreover, scientists are puzzled improve the predictability of ozone because the same chemical and depletion. and moves on to initiate successive meteorological conditions that prevail Ironically enough, in the lower reactions. Source molecules have in the Antarctic are not present in the atmosphere, ozone (03 ) is a poll utant extremely long residence times in the northern latitudes. that can cause severe respiratory and atmosphere (up to 100 years), A current explanation of Antarctic other health problems. In the upper accumulating in the troposphere and ozone loss is that during the long, cold atmosphere, its effect is benevolent: then migrating to the stratosphere. Free dark winter, free radicals combine Ozone filters most of the Sun's radicals of chlorine or nitrogen oxides with reservoir or sink molecules, ultraviolet radiation, which in can destroy thousands of ozone which occur naturally in the excessive amounts or under prolonged molecules. stratosphere and include nitric acid exposure causes skin cancer and Scientists believe that other and hydrochloric acid. Ice clouds in disrupts p lant photosynthesis. Ozone atmospheric ingredients like the polar stratosphere catalyze is continuously being created and solar-charged particles and sulfur chemical reactions that liberate the destroyed naturally, but man-made aerosols from volcanic eruptions may free radicals from the bond to do their chemicals in the atmosphere have accelerate ozone depletion. Data from destructive work on ozone. However, it tipped the natural balance, according the UARS investigations are expected takes sunlight to trigger the to Luther. Without the stratospheric to help clarify the relative roles of ozone-depleting reactions. This ozone shield, life as we know it could man-made and natural influences on explains why the ozone hole is not exist. ozone. seasonal, taking place in the austral Ozone depletion occurs when solar Stratospheric ozone depletion was spring when the Sun reemerges over radiation dissociates CFCs to fo rm free first detected in 1985 by a British team the continent. chlorine atoms, or when methane and stationed in Antarctica using In the northern latitudes, the nitrous oxide react in the atmosphere ground-based measurements. composition and frequency of clouds to form other free radicals, creating Meanwhile, TOMS had been in orbit are quite different, and the polar molecules with an odd number of since 1978 and was generating vortex, which sustains the extremely electrons. These "radicals" react with enormous amounts of data. Review of cold temperatures longer over the ozone to convert atomic. oxygen (0) these data after the British discovery South Pole, is far less stable. and ozone into molecular oxygen (02 ), indicated that the ozone hole was not Scientists, therefore, conclude that which does not filter ultra-violet rays. just over the British Antarctic station, mid-latitude ozone thinning is caused The radical survives the conversion but was a continental phenomenon. by a more complex set of influences. o

NOVEMBER/DECEMBER 1991 63 Tate Cantor Devaney Fulton Wynne

Former New Jersey Richard A. Cantor has Earl Devaney has been Scott C. Fulton has been three-member commission Prosecutor Herbert H. been appointed Deputy named Director of the named the new Deputy from 1988 to 1991. The Tate, Jr., has been selected Associate Administrator Office of Criminal Assistant Administrator for commission has more than as EPA's new Assistant for the Office of Regional Enforcement. He came to the Office of Enforcement. 1,000 employees, a budget Administrator for Operations and State/Local EPA from the U.S. Secret Prior to his appointment, of $62 million, and Enforcement. Relations (OROSLR). He is Service, where his last Fulton served as the jurisdiction over several Tate was appointed in also serving as Acting assignment was Special Director of the Office of state and federal 1986 by former New jersey Associate Administrator Agent in charge of the Civil Enforcement. He environmental programs. Governor Thomas H. Kean for OROSLR. Fraud Division. came to EPA in 1990 as a These include hazardous to a five-year term as Essex Cantor came to EPA in Devaney has an Senior Enforcement and solid waste County Prosecutor. During 1991 as Special Assistant extensive criminal Counsel. management, Superfund this period, he developed to the Associate investigative history with Prior to joining EPA. cleanups, surface and criminal processing Administrator of OROSLR, the Secret Service dating Fulton served eight years ground-water protection, procedures that have leaving the Urban Mass back to 1971. For eight with the Department of and enforcement. efficiently handled over Transportation years he served as a Justice in the Before his appointment 30,000 adult criminal Administration at the U.S. Special Agent in the Environmental to the commission, Wynne cases and 15,000 juvenile Department of Buffalo and Chicago Field Enforcement Section, was Legislative Counsel to delinquency cases. Transportation. As an Offices. He then became a Environment and Natural the Governor's office in He began his law career attorney-advisor in the Senior Course Instructor in Resources Division. He Austin, Texas Uanuary at the Essex County Offi ce of the Chief the Service's Training was an Assistant Section 1987 to August 1987), and Prosecutor"s Office as an Counsel, his Di vision in 1979, a Chief from 1986 until before that, a legislative assistant prosecutor from responsibilities focused position he held until 1990, a senior attorney assistant in the Governor's 1979 until 1983. There he primarily on legislative 1982. from 1985 to 1986, and a office (1978 to 1981). He set criminal-law and regulatory matters. He The next three years he trial attorney from 1982 practiced law with the enforcement policies for worked on the spent in Las Vegas, until 1985. He also served firm of Shank, Irwin, and municipal Youth Aid surface-transporta tion Nevada, as the Resident as a Special Assistant with Conant from 1984 to 1986. Bureaus and developed reauthorization legislation Agent in Charge. He later the Washington, DC U.S. Wynne earned a 8.S. in enforcement programs for and directed the became Assistant to the Attorney's Office in 1984. biology from Tulane assistant prosecutors and rulemaking for Special Agent in charge of Fulton earned a B.A. in University in 1978 and a municipal police offi cers. Congressionally mandated the Los Angeles Field Business Management J.D. from Southern He also directed the bus-testing procedures. Office. from the University of Methodist University in Juvenile Trial Section, From 1982 until 1986, He returned to Massachusetts in 1976. In 1984. 0 managing juvenile Cantor was Executive Washington in 1987 to 1982 he graduated with delinquency cases. Director and General serve for a year as the honors from the University Prior to his position as Counsel of the Oil Deputy Special Agent in of South Carolina's School country prosecutor, Tate Investment Institute, a charge of the 1988 of Law, where he served as (As the Journal went to established a private national trade association Campaign Operations the Associate Editor-in­ press, Laurie Goodman practice in 1985 that concerned with federal tax Branch. After the election, Chief of the Law Review. was recommended by speciali zed in federal and issues as they affect capital he was promoted to Administrator Reilly to be state criminal defense, formation in the energy Special Agent in charge of Associate Administrator probate and estate matters, industry. While managing the Office of for OROSLR Ms. and environmental law. the Institute and Investigations. Goodman's most recent The last focused on representing its interests Devaney is the recipient Buck Wynne has been position was legislative matters related to New before Congress, he of four Treasury nominated to be the new assistant and assistant jersey's Environmental participated in the tax Department Special Regional Administrator for administrative assistant to Clean-up Responsibility reform efforts of the Achievement Awards. He Region 6, the Agency's Senator Alan Simpson Act and resource recovery mid-1980s. received a B.A. in DaHas office which [R-Wyoming). More on the projects. He received his B.A. Government from Franklin oversees EPA's activities selection will be in the Tate received a B.A. in from Tulane Uni versity in and Marshall College in in Texas, Louisiana, next issue.) American history and 1972, worked on Ca pitol 1970. Arkansas, New Mexico, government from Hill for two years, and was and Oklahoma. Wesleyan University in later a founder and Since 1987, Wynne was 1975 and earned a J.0. treasurer of an a member of the Texas from Rutgers University in independent politica l Water Commission, the 1978. action committee. In 1979 principal environmental he received a J.D. from the regulatory body in Texas. Northeastern University He chaired the School of Law

64 EPA JOURNAL HC!y Mu l iku photo . In landmark legislation, Congress has ca lled for a stronger federal role regarding nonpoint-source pollution of coastal waters. Back cover: Livestock farming contributes to Under the 1990 amendments 10 the Coastal nonpoint-source pollution in a number of Zone Act, affected slates will be required to wa ys. What's wrong wilh this picture? have federally approved programs for Photo by Grant Heilman for Grant Heilman coastal nonpoint pollution control. Photography, In c.