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Accelerating Nutrient Poisoning Reductions in the Nation’s Waters: April 5th U.S. Environmental Protection Agency memo | Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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Accelerating Nutrient Poisoning Reductions in the Nation’s Waters: April 5th U.S. Environmental Protection Agency memo | Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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U.S. Environmental Protection Agency (“EPA”) Assistant Administrator for Water, Radhika Fox, issued an April 5th memorandum titled:

Accelerating Nutrient Pollution Reductions in the Nation’s Waters (“Memorandum”)

The MemorandumIt was transmitted to:

  • Commissioners and Directors of the State Environmental Secretaries, Commissions, and Directors
  • Director, State Agriculture Secretaries, Commissioners and State Agriculture Secretaries
  • Tribal Environmental and Natural Resource Directors

The objective of the MemorandumTo reaffirm:

. . . EPA’s commitment to working with federal agencies, state co-regulators, tribes, water stakeholders, and the agricultural community to advance progress in reducing excess nutrients in our nation’s water.

Since a while, the EPA has been taking seriously the role of phosphorus and nitrogen in water pollution. Excessive intake of nutrients can lead to excessive growth of alga. This can affect the waterbodies’ intended uses and increase the organic matter, which can (when decomposed), lower the dissolved oxygen concentrations, which can harm aquatic life.

Cyanotoxins can also be produced by excess nutrients. There has been a lot of pressure to reduce point source dischargers by enforcing Clean Water Act effluent limits. Other measures can be used for non-point sources.

The EPA Memorandum The most common stressor on rivers and streams is nutrients, according to the following statistics:

  • 58% of rivers and streams have excessive levels of phosphorus
  • 45% of lakes have high levels of phosphorus
  • Two-thirds of the nation’s coastal areas are impaired by nutrients
  • One-third of the nation’s estuaries are impaired by nutrients

The Memorandum sets forth five “governing principles” that it states will guide the EPA Office of Water’s strategies to work with states, tribes, and local partners to drive reductions in nutrient pollution which include:

  • Advance equity and environmental justice
  • Foster and build partnerships
  • Follow the science, and invest in data-driven strategies
  • Encourage innovation
  • Scale successful initiatives

The Memorandum outlines strategies to reduce nutrient pollution.

  • Intensify collaboration with agriculture
    • EPA will work closely with USDA leadership to maintain and build connections and momentum
    • EPA will increase engagements with agricultural stakeholders and highlight their achievements
    • EPA will intensify on-the ground collaboration with USDA, states territories, tribes, tribes, and other stakeholders in key geographic areas
  • We must intensify our efforts to support states and tribes in their efforts to reduce nutrient contamination from all sources.
    • We strongly encourage states and tribes use the One Water approach to deliver a variety of water quality benefits, including protection of drinking water sources.
    • Innovative financing and the flexibility provided by the Clean Water Act regulatory structure are encouraged.
    • Prioritizing strategies to help small, rural and disadvantaged communities
  • Utilize EPA’s Clean Water Act authorities to drive progress, innovation, and collaboration
    • Water Quality Standards should be adopted more strongly to incorporate numeric nutrient criteria
    • More fully utilizing the Clean Water Act Assessment and Listing Process and supporting Development of TMDLs to Nutrient Pollution
    • Further Reducing Nutrient Loads From Point Sources

A copy Memorandum Downloadable here.

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