December 10, 2002
1) TCWN WORKING FOR YOU: TCWN Petitions EPA to Intervene to Protect
Tennessee's Waters
2) ACTION ALERT: Comments Still Needed on Oil Drilling Regulations
3) NEWS: Southern Forest Resource Assessment Finalized
4) NEWS: Whole Effluent Toxicity Test Method Guidelines Published
5) NEWS: EPA Withdraws Federal Water Quality Criteria
6) NEWS:Water Posting Lifted on Portions of Cumberland River, Sinking
Creek, & Trail Fork Big Creek
7) RESOURCE: Fact Sheet on Bush's Plans to Limit the CWA
8) RESOURCE: National Clean Water Network Launches New and Improved
Website
9) RESOURCE: Clean Water Act Web-Based Training Module
10) RESOURCE: Summer Intern Program for Environmental Justice Community
Organizations
11) GRANTS: River Restoration Grants
12) NOTICE: TDEC to Issue Conditional ARAP to Vulcan Construction
Materials
13) NOTICE: US Army Corps of Engineers Nashville District Public
Notices
14) NOTICE: Aquatic Resource Alteration Permit (ARAP) Notices
1) TCWN WORKING FOR YOU: TCWN Petitions EPA to Intervene to Protect
Tennessee's Waters
Tennessee Clean Water Network, Tennessee PEER, Tennessee Environmental
Council, & American Rivers have petitioned the Environmental
Protection Agency (EPA) to reject Tennessee's proposed 303(d) list.
Required by the Clean Water Act the 303(d) list must list all state
waters that are impaired and threatened waters. Threatened waters
are defined as those waters that are high quality but being degraded,
as well as those waters that are declining in quality or face anticipated
loads/impacts such that are likely to not meet standards in the
near future. The list is designed primarily to identify those waters
that require "pollution budgets" known as Total Maximum
Daily Loads. The 303(d) list, however, is also meant to help direct
state agencies and policy makers in making critical decisions for
permitting, funding, public education, and other matters. The list,
as it stands, does not give decision makers an accurate picture
of polluted waters in Tennessee, there are too many waters that
are still polluted or threatened and have been excluded from the
list.
TDEC listed only two waterbodies that are threatened by severe
pollution. Both are waterbodies that have been under intense public
scrutiny. With over 60,000 miles of rivers and streams, and 500,000
acres of lakes in the state it is hard to believe that only two
waterbodies fit the category of being threatened. Threatened waters
are supposed to be identified and listed so proper permits and controls
can be put in place BEFORE they get polluted.
Other waterbodies that were previously on the 303(d) list four
years ago have been removed, due to the fact that Total Maximum
Daily Loads (or water pollution budgets) were created to reduce
the pollution. We don't know of a single example anywhere in Tennessee
where an established TMDL resulted in the cleanup of a waterbody.
All of these waters are as polluted as the day they were put on
the list. Once these waters are removed from the list they take
a back seat to waters still on the list. Out of site, out of mind.
Another point of contention is the state's refusal to use water
quality data available through the Tennessee Valley Authority (TVA).
Currently, TVA is the primary agency conducting water quality monitoring
on the Tennessee River reservoirs. From TVA's own data, it appears
that several of the Tennessee River reservoirs are considered impaired.
A comparison between TVA's data and the state's 303(d) list indicates
a lack of agreement. According to the regulations the state must
use "all existing and readily available water quality-related
data and information."
The creation of the 303(d) list is a requirement of the Clean Water
Act, which is delegated from EPA to the states. EPA ultimately is
responsible for making sure that all provisions within the Clean
Water Act are met. Several groups in Florida have gone so far as
to file suit against their state agency over a 303(d) list they
feel does not meet the CWA requirements.
2) ACTION ALERT: Comments Still Needed on Oil Drilling Regulations
In the wake of July's oil spill and fire that polluted and closed
a section of the Obed Wild and Scenic River in Morgan County, the
State has imposed interim protective requirements and appointed
a committee to develop recommendations for laws, regulations, strategies,
and/or technologies to avoid oil spills in the future. A number
of conservation groups, as well as representatives from the oil
and gas industry, have met with committee appointees and submitted
recommendations. Clearly the oil and gas industry is very influential.
The State is seeking public input, and a strong showing of people
who support environmentally responsible drilling practices is vital.
Please make your voice heard to help protect the Obed Wild and Scenic
River, the Big South Fork National River and Recreation Area and
other precious natural resources!
Here's what you can do:
-------------------------------
1. Provide input to the State in support of stronger environmental
protection during drilling activities. Log on to http://www.state.tn.us/environment/epo/oilandgaspolicy/,
where the State has posted proposed changes, oil spill photos and
maps, as well as links to pertinent laws and regulations. The comment
deadline has been extended till December 31, 2002. To submit comments,
click on "Submit Ideas..." or send them to Dodd Galbreath,
TDEC Policy Office, 401 Church St, 21st Floor, L&C Tower, Nashville,
TN 37243, fax: 615-532-0120.
Detailed comments are welcome, but you don't need to dive into complicated
regulations to formulate recommendations. Here are some major points
you could address:
a. The public needs better notification of and opportunity to comment
on drilling permit applications.
b. Much wider buffer zones are needed between drilling sites and
rivers or streams.
c. The Division of Water Pollution Control should have a role in
inspecting drilling sites, evaluating drilling permit applications,
and developing erosion control and pollution prevention measures
for drillers.
d. Increase the bond amount that drillers must post to ensure well
and site reclamation and/or establish an oil spill contingency fund.
e. Increase funding to support strengthened State oversight and
enforcement.
NPCA has a sample letter and more information at its TAKE ACTION
site: http://www.npca.org/take_action/action_alerts/ActionAlert.asp?strAction=link&lngAlertID=281&G=1
2. Send a letter to the editor of your local paper.
Together, we can exert a strong influence to preserve clean water,
fragile ecosystems, and pristine wilderness areas. Please contribute
your voice!
Source: Action Alert written by Friends of the Obed, National Parks
Conservation Association, Tennessee Clean Water Network, and Tennessee
Citizens for Wilderness Planning
3) NEWS: Southern Forest Resource Assessment Finalized
See http://www.srs.fs.fed.us/sustain for a web version of the recently
completed 650-page USFS Gen. Tech. Report, Southern Forest Resource
Assessment. Hard copies may also be obtained from this page or by
calling 828-257-4830 or by emailing <[email protected]>
Source: SAMAB/SAIN News Briefs - December 4, 2002
4) NEWS: Whole Effluent Toxicity Test Method Guidelines Published
On Nov. 19th, EPA published in the Federal Register "Guidelines
Establishing Test Procedures for the Analysis of Pollutants; Whole
Effluent Toxicity Test (WET) Methods," a final rule ratifying
approval of several test procedures for measuring the toxicity of
effluents and receiving waters. The Notice also withdrew two WET
test methods from the list of nationally approved biological test
procedures and revised some of the methods to improve performance
and increase confidence in the results. The final rule makes minor
corrections and clarifications and addresses specific stakeholder
concerns. You can view the Guidelines document and learn more about
WET methods on the Internet at http://www.epa.gov/waterscience/WET/.
Source: EPA's Water News 12/3/02
5) NEWS: EPA Withdraws Federal Water Quality Criteria
EPA will soon publish in the Federal Register a final rule amending
its 1992 Federal regulations establishing water quality criteria
for toxic pollutants for 12 states and two territories. On Nov.
26th, Administrator Christie Whitman signed the package withdrawing
certain human health and aquatic life water quality criteria applicable
to Vermont, Kansas, New Jersey, and the District of Columbia. These
entities have adopted water quality criteria that EPA approved;
therefore, the federal criteria are no longer necessary.
Source: EPA's Water News 12/3/02
6) NEWS: Water Posting Lifted on Portions of Cumberland River, Sinking
Creek, & Trail Fork Big Creek
Tennessee Department of Environment and Conservation Commissioner
Milton Hamilton today announced water contact advisories on two
small tributaries of the Cumberland River in Davidson County, a
portion of Sinking Creek in downtown Lebanon, and Trail Fork Big
Creek and several of its tributaries have been lifted. For more
details visit the source web-site.
Source: www.state.tn.us/environment/new/htm
7) RESOURCE: Fact Sheet on Bush's Plans to Limit the CWA
The Nation Clean Water Network (CWN) steering committee has completed
a fact sheet on the Bush administration's plans to limit the scope
of the Clean Water Act through regulation. The fact sheet is available
on a new web page dedicated to CWN campaign to stop this attack
on the act. You can access the web page from the CWN website, ww.cwn.org
(click on Scope of the CWA) or by going directly to http://www.cwn.org/docs/issues/juri/jurisdiction.htm.
To sign up for the Clean Water Act Jurisdiction listserv, or to
request the text of the fact sheet contact Ryan Hamilton at 202-289-2421
or [email protected]
Source: Clean Water Network listserv
8) RESOURCE: National Clean Water Network Launches New and Improved
Website
Check out the new National Clean Water Network web design at www.cwn.org
for the latest in clean water news and action alerts. They have
completely overhauled the site - saving the best tools and information
and adding much more! The main page is updated at least once a week
with the latest news and alerts. Explore at www.cwn.org
Source: Clean Water Network November 2002 Status Report
9) RESOURCE: Clean Water Act Web-Based Training Module
The Office of Water's Watershed Academy has made available a web-based
training module called Introduction to the Clean Water Act. Users
may go through the entire 65 slide course on the CWA in sequence,
on the web at www.epa.gov/watertrain/cwa/, or you can jump to the
particular Clean Water Act program of interest by going to the CWA
Big Picture by linking to: www.epa.gov/watertrain/cwa/slide.htm.
Source: Clean Water Network November 2002 Status Report
10) RESOURCE: Summer Intern Program for Environmental Justice Community
Organizations
Since 1992, the Office of Environmental Justice (OEJ), at the U.S.
Environmental Protection Agency (EPA), has sponsored a Summer Intern
Program through a cooperative agreement with the Environmental Careers
Organization (ECO), a non-profit organization located in Boston.
Approximately, 2,000 students from all parts of the U.S., from diverse
ethnic backgrounds, and all academic levels (undergraduate, graduate
and doctoral) have participated in this educational program. The
students have received training on challenging science, engineering,
management, education and policy-related projects at EPA. In 2000,
OEJ initiated the Community Intern Program, through which more than
40 students have experienced environmental protection at the grassroots
level. Because of the success of this initiative and the overwhelming
response of organizations, the Community Intern Program will be
available annually and will place 30 interns with local community
organizations.
If your organization would like to participate in this opportunity
to receive a student this summer, your project description must
be received by January 31st for placement that summer. Your project
must be to develop research, or be of a research nature, (i.e.,
conducting a survey, doing research, collecting and analyzing data)
which will be used to expand scientific knowledge or understanding
of the subject studied.
If you know of a student who would be interested, send his/her
resume at the same time you send your project description form.
To get a project description form contact: Jing Yang, Attn: Community
Intern Program, ECO, 179 South Street, 5th Floor, Boston, MA 02111;
E-mail to [email protected]; [email protected]; by fax to 617-426-8159.
Each student will receive a stipend of $450 a week. Location of
housing is the responsibility of the student.
For more information visit: http://www.epa.gov/oeca/ej
11) GRANTS: River Restoration Grants
American Rivers is seeking proposals for community-based river restoration
grants as part of its partnership with the National Oceanic and
Atmospheric Administration (NOAA) Community-Based Restoration Program.
These grants are designed to provide support for local communities
that are utilizing dam removal or fish passage to restore and protect
the ecological integrity of their rivers and improve freshwater
habitats important to migratory (anadromous) fish. Grants will be
limited to projects in the Northeast, Mid-Atlantic, and California.
In fiscal year 2003, applications will be considered in two cycles
with the deadline for the second cycle falling on April 1, 2003.
Potential applicants are encouraged to contact American Rivers to
discuss potential projects prior to submitting an application.
For complete application and eligibility guidelines, please go
to the American Rivers web site
www.amrivers.org/feature/restorationgrants.htm or contact them at
the address below.
For more information on the NOAA Community-Based Restoration Program
and its partners, please visit
www.nmfs.noaa.gov/habitat/restoration/community/index.html
Contact: Peter Raabe, River Restoration Finance Associate, American
Rivers, [email protected]
Source: EPA-EJ Listserv
12) NOTICE: TDEC to Issue Conditional ARAP to Vulcan Construction
Materials
The Division of Water Pollution Control, Mining Section has tentatively
proposed to issue a conditional Individual Aquatic Resources Alteration
Permit to Vulcan Construction Materials, LP.
Permit Application Number: ARAP-#M2002-05
The Hermitage Quarry is located adjacent to Stoners Creek. Stoners
Creek, located on the northern boundary of Vulcan's property infiltrates
via discrete openings or fissures in the limestone bedding planes
along the left descending and flows into Hermitage Quarry. Stoners
Creek infiltration rate requires Vulcan to operate three pumps twenty-four
hours per day seven days per week to prevent flooding of the quarry
operation. Vulcan proposes to seal the creek openings or sinkholes
in a controlled manner. For more information on the permit or to
see how to comment visit the source web-site.
Source: www.state.tn.us/environment/new/htm.
13) NOTICE: US Army Corps of Engineers Nashville District Public
Notices
The following is a list of Public Notices that the US Army Corps
of Engineers Nashville District has issued for work in waters of
the United States. The notices listed are for applications currently
under review. All work is proposed unless otherwise noted. If you
wish to obtain a copy of a particular notice, you can contact the
Corps of Engineer's office at (615) 369-7500 or by mail to US Army
Engineer District, Nashville, Corps of Engineers, Attn. Regulatory
Branch, 3701 Bell Road, Nashville, TN 37214.
· 02-77 - Expires 12/19/2002, Rarity Communities, Inc.,
Proposed Residential and Commercial Development, Roberts Branch,
tributaries and adjacent wetlands, Roane County, TN
· 02-RP-01 - Expires 12/09/2002, Notice for Establishment
of a Regional General Permit for Discharge of Dredged and/or Fill
Material into Waters of the United States.
· 02-72 - Expires 12/04/2002, Tennessee Department of Transportation,
Proposed Improvements to Middle Creek Road, Sevier County, TN
Source: http://www.orn.usace.army.mil/cof/Pnlist.htm
14) NOTICE: Aquatic Resource Alteration Permit (ARAP) Notices
The following a list of current public notices from TDEC of permitting
decisions, public hearings, and rule-making activities. Public comment
and participation are encouraged on all of these issues. Comments
must be received within 30 days of the date that the notice is posted.
Comments on any issue are welcome at any time and may be made by
sending e-mail to [email protected]
December 6, 2002
NRS 02.088 Woodmore Acres Church of Christ, North Moore Road, Chattanooga,
TN, Hamilton County. Wetland Impact
NRS 02.287 TDOT SR386 From 0.12 mi. west of Saundersville Rd. to
0.28 mi. east Relocated Station Camp Creek Rd. in Sumner County
Stream Relocations, encapsulations, minor wetland impact.
NRS 02.298 City of Franklin, Proposed fill of 0.39 acres of wetland
and two road crossings; unnamed tributary to Harpeth River, in Franklin,
Williamson County
NRS 02.353 TDOT Extension of Indian Lake Blvd. From south of SR6
To SR 386 (Vietnam Veterans Blvd) Sumner County. Channel relocation,
encapsulations.
NRS 02.370 TDOT SR 386 Bridge and Approaches of Relocated Station
Camp Creek Road, Sumner County, Stream Relocation and encapsulation
NRS 02.429 Odell Atkins, Impoundment, Unnamed tributary to Little
War Creek, Hancock County
NRS 02.427 Michael and Lisa Hughes, Impoundment, Unnamed Tributary
to Cloud Creek, Hawkins County
NRS 02.350 I840 PUBLIC HEARING, Numerous Stream Crossings, Williamson
County.
Source: www.state.tn.us/environment/new.htm
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