vt-lake-champlain-tmdl-phase1-ip-appendices
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vt-lake-champlain-tmdl-phase1-ip-appendices
APPENDICESAPPENDIX A - EPA JANUARY 17, 2014 LETTERUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 16 POST OFFICE SQUARE. SUITE 100BOSTON MA 02109 vt-lake-champlain-tmdl-phase1-ip-appendices9-391241656David Mears, CommissionerVermont Department of Environmental Conservation 1 National Life Drive, Main 2 Montpelier, VT 05620-3520Chuck Ross, SecretaryVermont Agency of Agriculture, Food and Markets 116 State StreetMontpelier, VT 05620-2901Dear Commissioner Mears and Secretary Ross:The pur vt-lake-champlain-tmdl-phase1-ip-appendicespose of this letter is threefold: to provide comments on the draft "State of Vermont Proposal for a Clean Lake Champlain" (the "Proposal"); to providevt-lake-champlain-tmdl-phase1-ip-appendices
the Vermont agencies with a clear understanding of the Environmental Protection Agency's expectations for the development of plans to Implement the rAPPENDICESAPPENDIX A - EPA JANUARY 17, 2014 LETTERUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 16 POST OFFICE SQUARE. SUITE 100BOSTON MA 02109 vt-lake-champlain-tmdl-phase1-ip-appendices those reductions are achieved.The State ProposalEPA applauds the substantial efforts the State has made in developing the Proposal. It is broad In scope and ambition, appropriately reflecting the challenge of restoring the health of Lake Champlain. As we have learned from the Scenario Tool, it will vt-lake-champlain-tmdl-phase1-ip-appendices take an aggressive application of all of the measures In the Proposal to achieve water quality standards. Generally the Proposal lacks the specific dvt-lake-champlain-tmdl-phase1-ip-appendices
etails of what will be done by when. We appreciate that fleshing out the details is an iterative process and that the public outreach conducted In DecAPPENDICESAPPENDIX A - EPA JANUARY 17, 2014 LETTERUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 16 POST OFFICE SQUARE. SUITE 100BOSTON MA 02109 vt-lake-champlain-tmdl-phase1-ip-appendicesther area that needs to be addressed throughout the Proposal. We suggest that relevant sections in the document include a discussion of how the implementation approach will take climate change into account. Climate adaptation and flood resilience should be addressed for each major category of practi vt-lake-champlain-tmdl-phase1-ip-appendicesces. The report should note the phosphorus increases projected In EPA's climate change analysis, and explain how certain BMP, AAP, AMPToIIFm««1 8M3Z2-vt-lake-champlain-tmdl-phase1-ip-appendices
TMvt-lake-champlain-tmdl-phase1-ip-appendices
. For the first phase EPA expects the state agencies to revise the Proposal and provide final policy commitments in a basin-wide scale implementation APPENDICESAPPENDIX A - EPA JANUARY 17, 2014 LETTERUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 16 POST OFFICE SQUARE. SUITE 100BOSTON MA 02109 vt-lake-champlain-tmdl-phase1-ip-appendices control measures that will be implemented to achieve the nonpoint source target loads. EPA expects the Phase I Plan to identify a schedule for accomplishing reductions including dates for enhancing programs and implementing key actions to achieve these reductions, with all such actions to be implem vt-lake-champlain-tmdl-phase1-ip-appendicesented as soon as possible and by no later than a date to be discussed further. These actions include, but are not limited to, adopting new regulatoryvt-lake-champlain-tmdl-phase1-ip-appendices
authorities, improving compliance with existing regulations, and securing additional resources for personnel, grant or cost-share programs. Ideally, EAPPENDICESAPPENDIX A - EPA JANUARY 17, 2014 LETTERUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 16 POST OFFICE SQUARE. SUITE 100BOSTON MA 02109 vt-lake-champlain-tmdl-phase1-ip-appendicesf the programs identified in the Proposal is described as applicable across the Vermont portion of the Lake Champlain basin. For each of those programs, EPA expects that the State will identify and commit to implement specific pollutant reduction controls and actions in successive two-year milestone vt-lake-champlain-tmdl-phase1-ip-appendicess. We anticipate that some programs can be implemented quickly while others will need to be developed. For those items that depend on new funding, plevt-lake-champlain-tmdl-phase1-ip-appendices
ase prioritize actions into items that will be funded in the first two years, the next two years, and so on. EPA expects that the Phase I Plan will beAPPENDICESAPPENDIX A - EPA JANUARY 17, 2014 LETTERUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 16 POST OFFICE SQUARE. SUITE 100BOSTON MA 02109 vt-lake-champlain-tmdl-phase1-ip-appendicesear preference to retain some flexibility in the TMDL's Waste Load Allocation (for point sources). As noted in my October 23, 2013 letter to Commissioner Mears, under these conditions in order for the TMDL to be issued consistent with EPA's regulations, it must provide reasonable assurances that the vt-lake-champlain-tmdl-phase1-ip-appendices nonpoint source control measures will achieve expected load reductions. A satisfactory Phase I Plan and associated commitment letter will provide reavt-lake-champlain-tmdl-phase1-ip-appendices
sonable assurances.After the TMDL has been finalized later this year, EPA expects the State to develop sub-basin implementation plans (Phase II Plans/APPENDICESAPPENDIX A - EPA JANUARY 17, 2014 LETTERUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 16 POST OFFICE SQUARE. SUITE 100BOSTON MA 02109 vt-lake-champlain-tmdl-phase1-ip-appendicestemporal targeting of phosphorus loads to a finer scale will help local decision-makers (e.g., municipal governments, conservation districts, watershed associations) better understand thecontribution to and responsibilities for reducing pollutant loads. EPA expects the State to update these basin pl vt-lake-champlain-tmdl-phase1-ip-appendicesans every five years, consistent with Vermont's current basin planning process, to take advantage of the latest information on phosphorus sources andvt-lake-champlain-tmdl-phase1-ip-appendices
control options applicable to each watershed. Additional suggestions regarding the Tactical Basin Plans are included in the attachment.Accountability APPENDICESAPPENDIX A - EPA JANUARY 17, 2014 LETTERUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 16 POST OFFICE SQUARE. SUITE 100BOSTON MA 02109 vt-lake-champlain-tmdl-phase1-ip-appendicesress toward fulfilling the pollution reduction targets identified in the TMDL. EPA expects that the State will identify and commit to implement specific pollutant reduction controls and actions in each of the successive two-year milestone periods included in the Plans. Prior to the start of each mil vt-lake-champlain-tmdl-phase1-ip-appendicesestone period, EPA will evaluate whether the actions identified for that period arc sufficient to achieve the pollutant reduction specified for the envt-lake-champlain-tmdl-phase1-ip-appendices
d of that two-year period, and whether the State has fulfilled the commitments identified in the previous period- EPA expects that the successive PlanAPPENDICESAPPENDIX A - EPA JANUARY 17, 2014 LETTERUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 16 POST OFFICE SQUARE. SUITE 100BOSTON MA 02109 vt-lake-champlain-tmdl-phase1-ip-appendiceshat load reductions will be achieved, and more detailed and transparent reporting to the public. EPA expects this accountability framework, including development of the Phase I Plans prior to the establishment of the TMDl and the State's commitment to produce detailed Phase II Plans and adopt two-ye vt-lake-champlain-tmdl-phase1-ip-appendicesar milestones, will strengthen the assurance that the TMDL point and nonpoint source allocations can and will be achieved and maintained.E-PA-Commitmevt-lake-champlain-tmdl-phase1-ip-appendices
ntsEPA will continue to work in close collaboration with your agencies over the coming months as we develop the draft Waste Load and Load Allocations.APPENDICESAPPENDIX A - EPA JANUARY 17, 2014 LETTERUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 16 POST OFFICE SQUARE. SUITE 100BOSTON MA 02109 vt-lake-champlain-tmdl-phase1-ip-appendices. If the Phase I Plan does not meet the expectations outlined above, EPA may take any of a number of actions. As noted in my October 2 2 03 letter, likely options may include, but are not limited to setting Waste Load Allocations that would push Waste Water Treatment Plant discharges to the limit of vt-lake-champlain-tmdl-phase1-ip-appendices available technology and require offsets for the plants' remaining phosphorus loads, and expansion of permit coverage to bring more sources under dirvt-lake-champlain-tmdl-phase1-ip-appendices
ect regulatory control (eg., expand MS4 coverage, use Residual Designation Authority to capture currently unregulated point source stormwater dischargAPPENDICESAPPENDIX A - EPA JANUARY 17, 2014 LETTERUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 16 POST OFFICE SQUARE. SUITE 100BOSTON MA 02109 vt-lake-champlain-tmdl-phase1-ip-appendiceshosphorus reductions, EPA may take any of a number of actions including, but not limited to, designating additional sources to be subject to NPDES permits.EPA recognizes and applauds the substantial efforts the State is proposing to take to enhance program capacity and meet the necessary phosphorus vt-lake-champlain-tmdl-phase1-ip-appendicesreduction targets. We look forward to continuing to work with you to achieve a clean Lake Champlain.Sincerely,Stephen s. PerkinsOffice of Ecosystem Prvt-lake-champlain-tmdl-phase1-ip-appendices
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