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EPA’s Push for the Tier III Nomination of VA’s Waters

EPA’s Push for the Tier III Nomination of VA’s Waters. Clean Water Act and the EPA Water Quality Standards Tier I: surface water; maintain uses Tier II: “High Quality”; maintain uses of fishing, rec., aquatic life Tier III: Also “High Quality,”; must have

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EPA’s Push for the Tier III Nomination of VA’s Waters

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  1. EPA’s Push for the Tier III Nomination of VA’s Waters • Clean Water Act and the EPA Water Quality Standards • Tier I: surface water; maintain uses • Tier II: “High Quality”; maintain uses of fishing, rec., aquatic life • Tier III: Also “High Quality,”; must have • exceptional environmental setting and • aquatic communities OR rec. opportunities

  2. The Big Whammy Absolutely NO additional degradation of water quality via point or nonpoint source pollution OWRM Guidance Memo No.’s 92-012A and 93-004: “No new permits will be issued for permanent point source discharges. The application should be returned with a copy of the antidegradation policy and the current list of Tier III waters as an explanation that the permit cannot be issued.”

  3. VA’s Delinquency • Virginia only has one Tier III water, while Pennsylvania, another state in its region, has hundreds. • Does this mean that VA does not want to protect or maintain its waters?? hmmmm • Is a lot involved: • Politics • Nepotism • Development pressures • Private landowners • Slow-moving process due to bureaucratic red tape

  4. EPA Takes Matters into Own Hands • In May, 2000, EPA (“person”) decides to nominate some Virginian waters for Tier III status to “get the ball rolling.” • ESW Team- investigated potential candidate streams with much help from: • EPA Region III Wetlands Division • National Park and Forest Service • Fish and Wildlife • VA Nature Conservancy • VA Dept. of Game and Inland Fisheries • local enviro’s (Southern Environmental Law Center)

  5. North Carolina • Several hundred ONRW’s, including: • New River basin areas • Stump Sound Area (CFR basin) • Topsail Sound and Middle Sound area, including all estuaries from New Topsail Inlet to Mason Inlet, including the ICW and Howe Creek • T15A:02B.0200 (7) (F) • Masonboro Sound area • -T15A:02B.0200 (8) (D) • NC Admin. Code (revised 10/28/99) • NC DENR, Water Quality Division

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