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'Polluted' Waters Poorly Chosen by Clinton White House, Scientists Say

Friday, June 15, 2001



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WASHINGTON — The Clinton administration told states to clean up thousands of
lakes and rivers without enough evidence to assure the right bodies of water
were being targeted, a panel of scientists said Friday.


The National Academy of Sciences panel agreed water pollution remains a
serious problem across the country. But its report is expected to provide
support for the Bush administration and some in Congress who want to overhaul
the regulation that requires states to develop broad plans to reduce runoff
that is polluting lakes and streams.

In October, Congress suspended implementation of the regulation, which had
been questioned by many states and strongly opposed by farming and business
interests.

The federally required state cleanup plans, issued earlier last year, would
cover about 21,000 bodies of water -- from lakes and ponds to segments of
streams and major rivers -- that were determined to be too polluted for
fishing and swimming because of stormwater and agricultural runoff.

States would have eight to 13 years to develop the plans and start cleanup
and water quality restoration programs.

But a report issued Friday by an eight-member panel of scientists of the
Academy's National Research Council said that the program needs to be
re-examined with an eye toward improving the way impaired water bodies are
selected.

The scientists concluded that many of the waterways were targeted without
adequate information about water quality or enough scientific review, while
still other waters in need of protection may not have made the list.

"Considerable uncertainty exists about whether some of these waters violate
(pollution) standards," said the panel in a statement accompanying the
report.

The report urges the Environmental Protection Agency to revamp the program,
possibly requiring new legislation from Congress, and develop "a more
science-based approach" to determine where state efforts should be placed.

It also criticized the program's use of a broad criterion -- one based on
whether a water body is suitable for swimming or fishing -- to determine when
a section of a river or lake is in need of cleanup. Instead, different areas
should be approved for different uses, the scientists said.

Together, these changes would reduce the huge backlog of targeted bodies of
water facing states under the program, the panel said.

"State agencies need to use better data and tools to establish appropriate
water quality standards, determine whether standards have been violated and
develop restoration plans," said Kenneth Reckhow, a professor at Duke
University and the panel's chairman.

Reckhow, chairman of the National Institutes for Water Resources, said that
"the state of the science is sufficient" to help states develop a more
workable way to identify waters in need of the greatest attention.

Although criticizing the federal program, which stems from requirements under
the 1970 Clean Water Act, the panel's report agreed that pollution from
agriculture and stormwater runoff is jeopardizing water quality in thousands
of lakes, rivers and streams across the country.

The panel noted that for 30 years federal environmental efforts have focused
on discharges into waterways from single points such as factories, businesses
and sewage treatment facilities, all of which are required to comply with
discharge permits.

But pollution from "nonpoint" sources -- including nutrients, bacteria,
sediment, pesticides and chemicals from lawns and farms -- "have been largely
overlooked," the scientists said.

To address this pollution, the EPA regulations required states to establish a
"total maximum daily load" of pollution that will be allowed in any impaired
waterway.

"This is the single most important program we can adopt to address the
remaining water pollution problems in this country," then-EPA Administrator
Carol Browner declared when the rules were issued.

States, however, immediately complained about the scope of the program and
its expense. Farming and manufacturing interests, fearing new restrictions on
agricultural and stormwater runoff, pressed Congress to intervene. In
October, Congress put the program on hold and requested the National Academy
review.

The panel urged that the EPA and states develop more refined water quality
standards, including use of biological measurements, to determine what waters
needed attention. It urged development of a two-tier approach in which water
bodies are placed on a preliminary list before being elevated to a priority
target list for action. Noting complaints about the cost of the program, the
panel urged Congress to help states pay for the cleanup through matching
funds.



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