August 30, 2002

Inside this issue!

1. Reminder: Tennessee Clean Water Network's 5th Annual Conference!!
2. Party Time! PARTY UP THE CREEK
3. Action Alert! CONTACT YOUR CONGRESS MEMBERS NOW TO SAVE THE TMDL PROGRAM
4. Action Alert! ASK YOUR CONGRESS MEMBERS TO CO-SPONSOR LEGISLATION TO RESTORE CLEAN WATER ACT PROTECTIONS FOR WETLANDS, STREAMS AND OTHER WATERS
5. New TMDLs Proposed for Collins River Watershed
6. Resource: New Report on Urban Sprawl's Contribution to Drought
7. Resource: Erosion and Sediment Control Handbook Now Available
8. Notice: Availability of 303(d) List
9. Permits Under Consideration By State

1. Reminder: Tennessee Clean Water Network's 5th Annual Conference
The Tennessee Clean Water Network is holding its 5th Annual Conference on Friday, Sept. 20 and Saturday, Sept. 21 at The Factory in Franklin, TN!

Participants may attend Friday only, Saturday only or both days. Registration fees range from $25 to $60 depending on TCWN membership status and the number of days attending.

On Friday, the conference will feature speakers on a variety of topics addressing drinking water quality and opportunities to protect drinking water in Tennessee. The day will close with a panel discussion and, on Friday evening, there will be a benefit concert for TCWN featuring bluegrass and folk music from regional musicians. The cost of the concert is $15/person.

Saturday's agenda is designed specifically for watershed associations and will include two tracks of workshops on topics such as organizational development and raising awareness about drinking water issues. Harpeth River field trips in the afternoon will involve watershed surveying by participants from land and canoe.

Conference participants are responsible for their own lodging. Rooms are available at the Best Western in Franklin for the reduced rate of $49.88 (Friday night only) to conference-goers. You must reserve rooms with a credit card before Sept. 13 to get this special rate. To make a reservation, call 1-800-251-3200. There are many other options in Franklin so check the web for listings.

If you would like to attend the conference please contact us as soon as possible at 865-522-7007. Please make checks payable to TCWN. Mail to TCWN, Box 1521, Knoxville, TN 37901. For a full registration form and agenda, email May Sligh at [email protected]

A limited number of scholarships are available. Scholarships can be applied for lodging and mileage. ALL participants must pay the registration fee. Individuals requesting scholarships must send their requests to Danielle Droitsch via snail mail, fax (865/329-2422) or email ([email protected]) by September 9 with the following information:

1. Organization's name and annual budget (if applicable)
2. Person requesting scholarship
3. Amount requested.


2. Party Time! PARTY UP THE CREEK
Saturday, Sept. 14 from 11 a.m. to 4 p.m. at Audubon Acres, a 130-acre wildlife sanctuary near Chattanooga. Everyone mark your calendars for this family fun day to benefit the work of South Chickamauga Creek Greenway Alliance and Tennessee Clean Water Network. Not only is there a delicious picnic lunch, but canoe rides, wetland nature walks, water games and exhibits too. All for $12 ($6 per child aged 3-12)! Volunteers are needed
to make this event a big success. There are set up and break down tasks along with food service, canoeing help, sign making, game leading, etc. Call 423-892-1499 for more information, directions and to obtain tickets.


3. Action Alert! CONTACT YOUR CONGRESS MEMBERS NOW TO SAVE THE TMDL PROGRAM
This year marks the 30 Year Anniversary of the Clean Water Act, yet EPA Administrator Christine Todd Whitman recently made public her intention to move ahead with a rule to cripple its program to clean up polluted waters. Please respond to this alert immediately and ask your Members of Congress to tell Administrator Whitman to stop her Dirty Waters Rule immediately.

BACKGROUND
For three decades, national water pollution control efforts have been guided by the fundamental goals of the Clean Water Act: that all rivers, lakes, estuaries and coastal waters be safe for swimming and boating and any fish caught should be safe to eat. Although progress has been made, today, close to half of our assessed waters are still considered impaired for human or aquatic life use. EPA's recent National Coastal Condition report acknowledged that the overall condition of our coastal waters is only fair to poor.

The key provision of the Clean Water Act governing the clean up of these polluted waters is the Total Maximum Daily Load (TMDL) program. The TMDL program requires states and EPA to identify polluted waterways, rank them for priority attention, and then develop pollution limits for each water body. Despite the law, EPA and states largely failed to clean up waterways under the program until a wave of citizen lawsuits forced them to begin doing so. Over the last few years, Americans' demand for clean water succeeded in generating momentum to improve implementation of the clean up program. Now, the Bush administration hopes to derail the citizen-led effort to finally cleanup the nation's
polluted waters.

The Bush proposal is aimed at weakening the Clean Water Act's clean up program that has been in place for a decade. Rather then writing new rules, the Bush administration should focus on implementing the TMDL program and get on with the job of cleaning up the nation's polluted rivers, streams, lakes, ponds and coastal areas.

Ironically, slated for release by EPA in time to mark the October
Anniversary of the Clean Water Act, the Bush proposal will:

1) weaken standards for classifying waterbodies and allow currently polluted waters to be defined as clean on paper;
2) permit states to rely upon speculative and unenforceable reductions from nonpoint sources as a basis for classifying waters as "likely to", and therefore avoid doing a TMDL;
3) allow increased discharges from point sources based upon those same speculative, unenforceable future reductions from nonpoint sources; and
4) curtail EPA's oversight of the states' implementation of this vital program of the Clean Water Act.

If approved, this Bush Dirty Waters Rule will ensure dirty waters remain polluted - if not become more so -- for decades to come. Rather than promoting another environmental rollback, Administrator Whitman should focus instead on ensuring that the states properly implement the current TMDL program. Please respond to this alert today and urge Congress to send Administrator Whitman a strong message: drop efforts to adopt a new TMDL rule. Thirty years is long enough to wait for clean water.

WHAT YOU CAN DO
We want members of the House and Senate to contact the Bush administration and ask it not to change the TMDL rules, and instead get on with the job of cleaning up dirty waterways. House Democrats, led by Representatives Frank Pallone (NJ) and Dennis Kucinich (OH), have already started organizing a letter to Administrator Whitman asking her to stop the rollback. Ask your Democratic Representatives to join this letter. We hope additional group "Dear Colleague" letters will be organized soon. For now, we need you to contact all of your Representatives and Senators of any party to request that they write to the administration and express opposition to the rule change.

Contact Ryan Hamilton at the Clean Water Network for more information at [email protected] or 202-289-2421. You can send the message via the Network's action center at www.cwn.org, or go to http://capwiz.com/cwn/issues/alert/?alertid=432041&type=CO.


4. Action Alert! ASK YOUR CONGRESS MEMBERS TO CO-SPONSOR LEGISLATION TO RESTORE CLEAN WATER ACT PROTECTIONS FOR WETLANDS, STREAMS AND OTHER WATERS
On July 24, bills were introduced in the U.S. House and Senate that would clarify protection for "isolated" waters under the Clean Water Act. The bills seek to reverse the damage caused by the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers. Contact your members of Congress today and urge them to co-sponsor this legislation.

The Clean Water Authority Restoration Act of 2002 was introduced in the Senate (S.2780) by Sen. Russell Feingold (D-WI), and in the House (H.R.5194) by Reps. James Oberstar (D-MN) and John Dingell (D-MI). These bills reassert Clean Water Act jurisdiction over "isolated" wetlands and other waters. Regulation of these waters has become confusing and haphazard following the January 2001 SWANCC decision. That decision nullified the Army Corps of Engineers' ability to claim
jurisdiction over "isolated" waters based solely on their use by
migratory birds. However, some developers and federal and state
officials are trying to read the court's decision more broadly, and are arguing that the Clean Water Act now longer protects wetlands, streams and other "isolated", non-navigable waters unless they connected to navigable waters. If these waters are left outside the scope of Clean Water Act protections, they can be polluted, filled and destroyed without even the requirement of a federal permit.

Due to the fact that the Corps and U.S.EPA have not issued guidance on how they will interpret the SWANCC ruling, it has been difficult to assess how many wetlands, streams, ponds and other waters will be adversely affected. One estimate is that the ruling could be used to eliminate federal protection for 30 to 40 percent of the nation's wetlands.

Prior to the SWANCC decision, only 14 states had laws that gave some clear form of protection to isolated waters, and some of those states have significant loopholes in their coverage. Only one state, Wisconsin, has passed a law to restore full protection for "isolated" waters since the SWANCC ruling.

The Clean Water Authority Restoration Act of 2002 would restore the protections that existed for all U.S. waters and wetlands prior to the SWANCC decision by:

1) Adopting a statutory definition of "waters of the United States" based on a longstanding definition of waters in the Corps of Engineers' regulations (at 33 CFR 328.3);

2) Deleting the term "navigable" from the Act to clarify that Congress' primary concern in 1972 was to protect the nation's waters from pollution, rather than just sustain the navigability of waterways;

3) Including a set of findings that explain the factual basis for
Congressional assertion of constitutional authority over waters and wetlands, including those that are called "isolated."

WHAT YOU CAN DO
Please email your members of Congress to request that they sign on as a CO-SPONSOR to the Clean Water Authority Restoration Act of 2002.

Contact your Senators and Representative by going to:
http://capwiz.com/cwn/issues/alert/?alertid=43221&type=CO. Or, go to www.cwn.org, click on the Clean Water Action Center, and send your messages.

5. New TMDLs Proposed for Collins River Watershed
The availability of proposed Total Maximum Daily Loads (TMDLs) for siltation and habitat alteration in the Collins River Watershed (HUC 05130107) located in middle Tennessee has been announced by TDEC, Division of Water Pollution Control. The deadline to comment on these proposed TMDLs is September 9, 2002.
A number of waterbodies in the Collins River watershed are listed on Tennessee's final 1998 303(d) list or proposed 2002 303(d) list as not supporting designated use classifications due, in part, to siltation and habitat alteration associated with resource extraction, land development, riparian loss, and agricultural sources. The TMDLs utilize Tennessee's general water quality criteria, ecoregion reference site data, land use data, digital elevation data, a sediment loading and delivery model, and an appropriate Margin of Safety (MOS) to establish reductions in sediment loading which will result in reduced in-stream concentrations and the attainment of water quality standards. The TMDLs require reductions in sediment loading of approximately 34% to 66% in the listed waterbodies.
The proposed siltation/habitat alteration TMDLs may be downloaded from the Department of Environment and Conservation website: www.state.tn.us/environment/wpc/tmdl.htm.
Technical questions regarding this TMDL should be directed to the following members of the Division of Water Pollution Control staff:
Bruce R. Evans, P.E., Watershed Management Section
Telephone: 615-532-0668
Sherry H. Wang, Ph.D., Watershed Management Section
Telephone: 615-532-0656
Persons wishing to comment on the TMDLs are invited to submit their comments in writing no later than September 9, 2002 to:
Division of Water Pollution Control
Watershed Management Section
6th Floor, L & C Annex
401 Church Street
Nashville, TN 37243-1534
All comments received prior to that date will be considered when revising the TMDL for final submittal to the U.S. Environmental Protection Agency.
The TMDL and supporting information are on file at the Division of Water Pollution Control, 6th Floor, L & C Annex, 401 Church Street, Nashville, Tennessee. They may be inspected during normal office hours. Copies of the information on file are available on request.

6. Resource: New Report on Urban Sprawl's Contribution to Drought
American Rivers and the Natural Resource Defense Council has released a new report on how sprawl development and the associated loss of groundwater recharge are contributing to the current drought. Clean Water Network co-chair Betsy Otto is one of the authors as is NRDC's Deron Lovaas. This information is particularly useful for arguing that stronger stormwater controls are needed, including lot level approaches that harvest stormwater and use it to reduce demand and to recharge the groundwater. For a copy of the report, go to http://www.americanrivers.org/landuse/sprawldroughtreport.htm>.

7. Resource: Erosion and Sediment Control Handbook Now Available
The Tennessee Division of Water Pollution control has released a new resource entitled "The Tennessee Erosion and Sediment Control Handbook."
Construction activities near streams, rivers, and lakes have the potential to cause water pollution and stream degradation if erosion and sediment controls are not properly installed and maintained. In order to effectively reduce erosion and sedimentation impacts, Best Management Practices (BMP's) must be designed, installed, and maintained during land disturbing activities.
The Tennessee Erosion and Sediment Control Handbook is designed to provide information to planners, developers, engineers, and contractors on the proper selection, installation, and maintenance of BMP's. The handbook is intended for use during the design and construction of projects that require erosion and sediment controls to protect waters of the state. It also aids in the development of Storm Water Pollution Prevention Plans (SWPPP's) and other reports, plans, or specifications required when participating in Tennessee's water quality regulations.
The handbook is available at www.state.tn.us/environment/new.htm and by clicking on Erosion and Sediment Control Handbook.

8. Notice: Availability of 303(d) List
The Tennessee Department of Environment and Conservation, Division of Water Pollution Control, has issued a draft version of the 303(d) list required by the federal Clean Water Act as amended in 1987 (it may be downloaded from www.state.tn.us/environmental/wpc/2002303ddraft.pdf ). The prioritized list provides information on the surface waters not fully supporting designated uses due to the violation of narrative and/or numeric water quality standards.
The 303(d) List identifies waters suitable for total maximum daily load (TMDL) and thermal load calculations. TMDLs are developed to define the levels of pollution control that would be needed for protection of public health, aquatic life, and recreation. The priority ranking reflects the uses to be made of such waters, the severity of pollution, and the feasibility of control strategies.
The contents and prioritization of the 303(d) List are subject to review by the public. The 303(d) List may be downloaded from the Department's home page at www.state.tn.usenvironment.
Several public meetings have been scheduled throughout the state concerning this matter. Remaining meetings are listed below. A schedule of public meetings will also be posted on the TDEC website. For further information contact [email protected] or write to the above address. All written comments must be received by September 5, 2002.
WATERSHED DATE LOCATION LOCAL
TIME
Wartburg* August 29, 2002 Morgan County Courthouse
South Kingston and Main Streets, Wartburg 7:00 pm
Knoxville September 3, 2002 Goins Building Auditorium
Pellissippi State Community College
Pellissippi Parkway, Knoxville 7:00 pm
Kingsport September 4, 2002 Conference Room, Kingsport Public Library 400 Broad Street, Kingsport 2:00 pm
Chattanooga
(afternoon
and evening) September 5, 2002 1st Floor Conference Room
State Office Building
540 McCallie Ave, Chattanooga 2:00 pm & 7:00 pm

Below are streams on the 1998 303(d) list that have been delisted in 2002 for reasons related to water quality (from Appendix A):
Steam
Stream Miles County
Middle Fork Drakes Cr. 29.8 Sumner
Salt Lick Creek 24.5 Macon
Capuchin Creek 29.8 Campbell
N. White Oak Creek 77.7 Scott
Mill Creek 22.5 Fentress
Clear Fork R. 18.4 Scott
Crooked Creek 38.4 Fentress
White Oak Creek 99.7 Scott
Bone Camp Creek 22.2 Scott
Black Wolf Creek 32.2 Scott
Brimstone Creek 19.4 Scott
Mill Creek 47.8 Clay
Big Creek Utility District Lake 69ac Grundy
Spencer City Lake 16ac Van Buren
Cheatham Reservoir 740ac Davidson
Cheatham Reservoir* 1994 ac Davidson
Unnamed trib Owl Creek 2.6 Williamson
Big Bluff Creek* 7.4 Cheatham
Cripple Creek 31.1 Rutherford
McElroy Creek* 12.1 Davidson
Cavendar Branch 5.5 Rutherford
Fall Creek 65.5 Rutherford
Fall Creek* 4.1 Rutherford
Arkansas Creek 5.7 Williamson
Poorhouse Branch 2.1 Montgomery
S. Fork Red River 109.5 Robertson
Honey Run Creek 12.2 Robertson
Laurel Fork 1.9 Carter
French Broad River 29.3 Cocke
Little East Fork 91.4 Sevier
Dunn Creek 16 Sevier
Caney Creek 35.2 Roane
Emory River 32.2 Morgan
Greasy Creek 5.1 Morgan
West Chickamauga Creek 3.8 Hamilton
Ocoee River 2.5 Polk
Soddy Creek 72.9 Hamilton
Unnamed trib to Hiwasee R. 11.3 Bradley
Woodcock Creek 37.8 Sequatchie
Hicks Creek 19.6 Sequatchie
Kelly Creek 7 Sequatchie
Griffith Creek 16.5 Marion
Grundy Lake #1 16ac Grundy
Grundy Lake #2 5ac Grundy
Coldwater Creek 48.5 Lincoln
Indian Creek 45.3 Giles
Woods Reservoir tribs 6.9
Woods Reservoir tribs* 39
Brumalow Creek 6.9 Franklin/Coffee
Bradley Creek * 39 Coffee
Weakley Creek 16.6 Giles/Lawrence
Shakerag Branch* 3 Wayne
Thompson Creek 5.5 Bedford
Bennett Branch 3.8 Bedford/Moore
Anderton Branch* 2.9 Bedford/Moore
Doddy Creek 1.5 Bedford
Curry Branch 7.4 Maury
Middleton Creek 18.5 Hardin
N. Fork Saw Creek 2.3 Lawrence
N. Fork Forked Deer River 20.6 Dyer/Gibson
Gurley Creek 17.6 Madison
Browns Creek 2.3 Madison
Porters Creek 114 Hardeman
Piney Creek 88.4 Hardeman
Clover Creek 167.8 Hardeman

Streams on the 1998 303(d) list that have been delisted in 2002 for reasons unrelated to water quality status are listed below (from Appendix B):

Stream
Steam Miles County
Watauga Lake 5ac Davidson
Poplar Creek Embayment* 5 Anderson
McCool Lake #1 18ac Haywood
McCool Lake #2 42ac Haywood
Sandy Branch 4.8 Hardeman

Streams and Lakes marked with an * in above list indicate segments that were not supporting their designated uses but are now proposed for delisting. The rest of the segments in the list were partially supporting their designated uses before proposal to delist in 2002.

The other 51 streams proposed for removal from the 303(d) list were due to the completion and EPA approval of a TMDL for thatsegment.

9. Permits Under Consideration By State
A. Mining Section, Division of Water Pollution Control Public Notice: M2002-11 August 9, 2002.
Persons wishing to comment upon or object to the proposed action (permit issuance, modification, denial, or termination), or to the proposed permit conditions, are invited to submit comments in writing to the Division at the letterhead address, Attention: Public Notice Coordinator. The Division must receive comments by September 16, 2002. Interested persons may also request in writing during the comment period that the Director of the Division hold a public hearing on any application. For more details, go to www.state.tn.us/environment/wpc/wpcppo/mining/pnaug_9.htm.
Renfro Construction Company, Inc., 4817 Rutledge Pike, Knoxville, TN 37914. Diggs Gap Road Asphalt Plant, NPDES Permit TN0072796.
Maymead, Inc., P. O. Box 911, Mountain City, TN 37683. Potter Quarry, NPDES Permit TN0066206.
Frank Klimer and Sons, P. O. Box 675, Atoka, TN 38004. North Plant Area 6, NPDES Permit TN0071692.
Cumberland Coal Company, LLC, P. O. Box 1417, Powell, TN 37849. Turner Mine 1, NPDES Permit TN0071633, SMCRA Permit 2981. Tennessee Mining, Inc., P. O. Box 465, Jacksboro, TN 37757. Patterson Mountain Area 3, NPDES Permit TN0071757, SMCRA Permit 3027.
Mountainside Coal Company, 7692 South Highway 25W, Williamsburg, KY 40769. Cooper Ridge Area 2, NPDES Permit TN0072567, SMCRA Permit 3058.
Tennessee Mining, Inc., P. O. Box 465, Jacksboro, TN 37757. Reclaimed Area 8, NPDES Permit TN0048941, SMCRA Permit 3044.
Mountainside Coal Company, 7692 South Highway 25W, Williamsburg, KY 40769. Leach Mountain Area 2, NPDES Permit TN0071650, SMCRA Permit 3056.
Robert Clear Coal Corporation, P. O. Box 352, LaFollette, TN 37766. Area 2, NPDES Permit TN0063126, SMCRA Permit 2838.
B. Division of Water Pollution Control Individual NPDES Permits Public Notice Number MMI-016. Public Notice Expiration September 23, 2002. For more information go to www.state.tn.us/environment/wpc/wpcppo/mdi/index.html.
PROPOSED NEW ISSUANCE: Dyer Fabrics, Inc., 1315 Phillips Street, Dyersburg, TN 38024 Permit TN0077747
PROPOSED REISSUANCES:
Olin Corporation, 1186 Lower River Road, Charleston, TN 37310 Permit TN0002461
First U.D. Knox Co.-Turkey Creek STP, 122 Durwood Road, Knoxville, TN 37922 Permit TN0023353
Weyerhaeuser Company-Kingsport Paper, 100 Clinchfield Street, Kingsport, TN 37660 Permit TN0001643
Cumberland Mobile Home Park, Wildwood Road, Englewood, TN 37329 Permit TN0023396
Akard Elementary School, 224 Mount Area Drive, Bristol, TN 37620 Permit TN0025178
Friendsville Elementary School, 210 E. Fourth Ave., Friendsville, TN 37737 Permit TN0026271
Briceville Elementary School, 103 Slate Street, Briceville, TN 37710 Permit TN0057860
Fall Creek Falls State Park, Highway 284, Pikeville, TN 37367 Permit TN0057908
Kimberly-Clark Corp.-Loudon Mill, 5600 Kimberly Way, Loudon, TN 37774 Permit TN0064653
Pleasant Ridge Trailer Park, 6514 Pleasant Ridge Road, Millington, TN 38053 Permit TN0067482
TDOT I-65 Welcome Center - Giles County, I-65 North Bound Welcome Center, Ardmore, TN 38449 Permit TN0074331

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Tennessee Clean Network News
This newsletter is intended to provide a quick look at current clean water issues in Tennessee, in addition to resources available to the concerned citizen.
Visit our web site (www.tcwn.org) to find more detailed information.
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Tennessee Clean Water Network
P.O. Box 1521
Knoxville, TN 37901
[email protected]