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Coordinated Watershed Restoration and Protection Strategy for Oklahoma’s Impaired Scenic Rivers (per 82 O.S. §1457 as amended by Senate Bill 972 in 2002) ● 2010 Update ● Coordinated and Prepared By: Office of the Secretary of Environment Gary L. Sherrer, Secretary of Environment 3800 North Classen Boulevard Oklahoma City, Oklahoma 73118 Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 2 During its 2002 Session, the Legislature passed Senate Bill 972, which charged the Secretary of Environment with coordinating with the other state environmental agencies to develop a “watershed restoration and protection strategy for each impaired scenic river in this state” (“Strategy”). In particular, the Strategy was to list “all permitted or registered water pollution sources,” and to describe the efforts of state environmental agencies to identify and mitigate pollutants causing impairment of these most treasured watersheds. This information is required in subsequent annual reports in order to check the progress of actions initiated by the state environmental agencies in their efforts to restore and protect Oklahoma’s Scenic Rivers. These annual reports (“Updates”) are to be coordinated and compiled by the Secretary of Environment and submitted to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives. This report constitutes the 2010 Update. The Oklahoma Legislature resolved to protect a handful of treasured streams when in 1970, it passed the “Scenic Rivers Act” (82 O.S. 1451-1471) as a means to identify and preserve the unique characteristics and uses of the state’s most scenic streams. This same legislation identified four streams to be designated as “Scenic River Areas”: Flint Creek, Illinois River, Barren Fork Creek, and Upper Mountain Fork River. In 1975, the Legislature added Lee Creek and Little Lee Creek. The primary purpose of the Scenic Rivers Act, and the subsequent water quality standards regulations promulgated pursuant thereto, is to preserve the high quality and unique characteristics of these outstanding resource waters. Recent water quality data collected by the Oklahoma Water Resources Board (“OWRB”) at its Beneficial Use Monitoring Program (“BUMP”) permanent monitoring stations and the Oklahoma Conservation Commission (“OCC”) at its Rotating Basin Monitoring Program permanent monitoring stations indicate that water quality is presently impaired in Flint Creek, Barren Fork Creek, and the Illinois River (all within the Illinois River watershed), as well as in Lee Creek, Little Lee Creek and the Upper Mountain Fork River. The most recent data and information are included in the 2007-2008 BUMP Final Report, and these impairments are reflected in the State’s 2010 Integrated Water Quality Report/303(d) list. RESTORATION/PROTECTION EFFORTS Since the 1970 enactment of the Scenic Rivers Act, the Oklahoma Legislature has placed special emphasis on the protection of the state’s Scenic Rivers. Through a combination of cooperative initiatives, coupled with administrative and legal actions, great strides have been made in the effort to stem degradation of these treasured resources. Over the past decade, the State has heightened efforts to restore and protect its Scenic Rivers, notably through the development of a numeric phosphorus criterion in Oklahoma’s Water Quality Standards (“OWQS”). The high level of cooperation and support of all state environmental agencies, coupled with the solid technical justification derived from extensive Restoration/Protection The Scenic Rivers Introduction Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 3 research, paved the way for State and U.S. Environmental Protection Agency (“EPA”) adoption of a 0.037 mg/L phosphorus criterion to protect the state’s nutrient-imperiled Scenic Rivers. With the numerical phosphorus criterion, the state now has an invaluable regulatory tool for addressing nutrient loading to its Scenic Rivers. For its part, the State of Arkansas expressed its concerns regarding the proposed criterion and vehemently opposed its passage due to the regulatory implications on its municipalities and industries as a result of a previous Supreme Court decision that held that downstream states’ water quality standards could be imposed upon upstream states. Shortly after Governor Keating’s approval of the new OWQS in May of 2002, State officials from Oklahoma, Arkansas, and EPA Region 6 met in an effort to reach agreement on necessary phosphorus reductions in both states while, at the same time, avoiding what could be costly and protracted litigation. Negotitations between Oklahoma, Arkansas, and EPA Region 6 resulted ina a statement of Joint Principles and Actions (“Statement”) signed on December 18, 2003, which laid the groundwork for future collaboration and cooperation in reducing phosphorus loading in the Scenic River watersheds. The statement includes provisions regarding: • Arkansas legislation on poultry waste and nutrient management • Joint efforts to expand litter removal and reuse techniques • Joint phosphorus index controlling land application of poultry litter • Data collection regarding litter management • Watershed monitoring • Reopener provision regarding the Oklahoma Scenic River phosphorus criterion • Arkansas and Oklahoma controls on point source, and • Watershed planning. Over the course of the negotiations, the major municipalities in Arkansas vowed to upgrade their treatment facilities in order to meet the same 1 mg/L effluent limit for phosphorus that is required of Oklahoma’s municipal dischargers in the Scenic River watersheds. Further, the Arkansas General Assembly passed legislation in 2003 establishing a poultry regulatory program somewhat like the one enacted by Oklahoma’s Legislature in 1998. In addition to regulation of poultry waste, this Arkansas legislation seeks to regulate the land application of other nutrient sources in vulnerable watersheds, including commercial fertilizer. Albeit more encompassing in that it also regulates commercial fertilizer application, the Arkansas legislation contains several provisions that allow for unregulated litter application under certain circumstances. For example, the land application standards can be deferred if “there is no alternative use for litter or there are no readily available, affordable alternative nutrient supplies for which litter has been used” (Arkansas Code Title 15 § 20-1111(c)(2)). What is more, poultry operators must be “adequately compensated” for the value of their litter in order for a use other than land application to be considered an “alternative use” under the Arkansas statute (Arkansas Code Title 15 § 20-1110(c)(2)). After approximately 18 months of delay, Arkansas promulgated permanent rules to implement its new nutrient management statutes in the fall of 2005. However, the prohibition against land application of poultry litter except according to the requirements of an animal waste management plan was deferred until January 2007. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 4 Because the majority of the phosphorus and bacterial pollution, stems from nonpoint sources, efforts to restore the Scenic Rivers are obstructed by the lack of a similar commitment on the part of the poultry integrator companies that operate in Scenic River watersheds. The single largest contributor of nonpoint source phosphorus pollution is surplus poultry litter generated by the integrators’ flocks. Thus, it is imperative that the poultry integrator companies take responsibility for the safe disposal of surplus litter at their corporate-owned and contract facilities in both states in order to remove one of the most significant sources of pollution in Oklahoma’s Scenic Rivers. This is one of the specifically identified purposes of the State’s current litigation. Since Federal approval of the State’s numeric phosphorus criterion, Oklahoma is in a much stronger position to utilize the Clean Water Act process and seek significant Scenic River protections, including the drafting of watershed plans and, as needed, the total maximum daily loads (“TMDL”) for each pollutant causing impairment. Either process can result in the calculation of an “overall pollutant-specific load reduction” called for in 82 O.S. 2002, section 1457(B)(2)(a), which can serve as the target “to bring each impaired scenic river back into compliance with water quality standards.” However, neither of these processes will be effective without the cooperation of the State of Arkansas and the participation of those entities on both sides of the border, such as the poultry integrator companies and municipal dischargers, which contribute pollutants. Unfortunately, the inability of the states to agree on core issues, such as a common approach for managing poultry waste, prevents such a joint effort. A critical component of Oklahoma’s efforts to protect and restore the water quality in its Scenic Rivers is the lawsuit it has brought against poultry integrators operating in the Illinois River Basin. The suit seeks to force the integrators to take responsibility for the proper management of poultry waste on both sides of the border and to work to undo the impact of pollution by nutrients, bacteria, and other contaminants. The successful resolution of Oklahoma’s lawsuit against the integrators will hopefully establish a more unified and effective approach throughout the watershed. Municipal/Industrial Sector Both the Arkansas Department of Environmental Quality (“ADEQ”) and the Oklahoma Department of Environmental Quality (“ODEQ”) will enforce the discharge permits issued pursuant to the Statement of Joint Principles and Actions. In 2008, the ODEQ conducted multiple inspections of wastewater treatment plants within Scenic River watersheds in an effort to ensure compliance with permit requirements. Other efforts of the ODEQ to restore and protect Scenic Rivers include the following: • Tahlequah - DEQ has approved a small MS4 (municipal separate storm sewer system) stormwater permit for Tahlequah which contains special requirements for monitoring and anti-degradation safeguards. Tahlequah has been monitoring the quality of their stormwater discharges since October, 2007. This information will be utilized to assess the effectiveness of stormwater management measures and the need for any additional stormwater controls in the future. • Tahlequah - The Tahlequah Public Works Authority (TPWA) has implemented a composting program for biosolids produced by their Wastewater Treatment Facility. The material is mixed with wood chips and composted to produce a Class A compost product. The compost is provided to homeowners for use in gardens and flowerbeds, Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 5 sold to plant nurseries, and used by the City of Tahlequah in parks and landscaping to help establish vegetation on sewer and water line projects as well as reduce storm water runoff. Much of the compost is used outside of the Illinois River Basin as well as providing many benefits. • DEQ has supported the EPA-led effort to develop updated water quality models for the Illinois River watershed and Lake Tenkiller that are intended to result in one or more TMDLs for the lake and impaired streams in the watershed. The focus of these efforts is nutrients and associated dissolved oxygen impairments. The goal of the TMDLs is to achieve the phosphorus standard for the Illinois River, the Flint Creek, and Baron Fork at 0.037 mg/L and chlorophyll-a standard for Lake Tenkiller at 10 μg/L. In 2010, DEQ participated in the special project meeting of agency heads in Dallas, various workgroup meetings and two public meetings related to this project. In addition to supplying EPA and its contractor with data and existing model files, DEQ provided comments on their data compilation report and model selection memo. In the process, DEQ secured a confirmation from EPA that a TMDL for Lake Tenkiller remains a key objective of the project in addition to TMDLs for the streams in the watershed. DEQ continues to coordinate with EPA and their contractor to ensure the success of this effort. • A significant effort has been made by DEQ to provide comments and information to adjacent states concerning those wastewater activities that may have some impact on our state waters, particularly our Scenic Rivers. By providing comments on proposed permits, or simply providing supporting information to decision makers, DEQ works with adjacent states to protect our waters. A few examples of proposed actions on which DEQ has commented are: o Arkansas proposed 303(d) list of impaired waters (2008 and 2010) o Proposed renewal of discharge permit for the City of Rogers o Proposed discharge permit for new Fayetteville sewage treatment facility o Proposed renewal of discharge permit for America Electric Power (SWEPCO Lake) o Proposed renewal of discharge permit for Prairie Grove • Proposed new wastewater facility for the Northwest Arkansas Conservation Authority (new since last update to the report). A significant effort was made assessing the likely impacts on Oklahoma water quality from this major new discharge in the Illinois River watershed. Several rounds of comments and objections were filed with EPA and the Arkansas Department of Environmental Quality. A significantly more stringent limit for phosphorus in this discharge was ultimately required by EPA. As a result of a private party lawsuit against the new discharge, NACA agreed to implement the stricter phosphorus limit upon beginning operation of the new facility rather than three (3) years later as EPA had proposed. • When considering 401 Water Quality Certification for Corps of Engineers (Corps) nationwide permits (404 dredge and fill operations) within Scenic River watersheds, DEQ continues to evaluate unique conditions to determine if additional justification is required or if certification denial is warranted. • Targeted training is provided to local DEQ staff on addressing issues that are unique to Scenic River watersheds. This proactive step allows for a prompt and appropriate DEQ response to situations that arise. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 6 • DEQ continues to investigate complaints and to pursue enforcement, where warranted, within Scenic River watersheds. A few examples of such actions are as follows: o Provided assistance to the Corp of Engineers concerning a complaint regarding gravel mining near Watts, Oklahoma. The property owner restored the site and ceased any such operations in the future o Assisted the Cherokee Nation in January 2010 regarding the demolition of an acquired building in Tahlequah and the construction a new building o Technical assistance was provide to the Park Hill gravel removal site near Tahlequah in February 2010 and the matter was resolved without formal enforcement action o The DEQ received a complaint of construction taking place within Black Fox Hollow Creek. An inspection was performed on October 21, 2009, and a Notice of Violation was issued on November 23, 2009. The DEQ issued a Consent Order on February 16, 2010, in an effort to address the violations identified at the site. A settlement has been offered and executed Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 7 Agricultural Sector The Oklahoma Department of Agriculture, Food, & Forestry (“ODAFF”) has the authority to ensure compliance with the revised nutrient management plans at registered poultry feeding operations in Oklahoma. Except for two nurseries, none of the agricultural related activities under ODAFF’s jurisdiction have permits to discharge to Scenic Rivers. However, land application of poultry waste or other agricultural waste above the agronomic rates or applying on land already saturated with nutrients yields polluted runoff contributing to the degradation of water quality in the Scenic Rivers. In addition to nutrients, land application of poultry waste introduces bacteria and other pollutants into Scenic River watersheds. The irrigation tail-water return flow from plant nurseries in the Illinois River watershed could also contribute to the degradation of the water quality of the Scenic Rivers. Tasks performed by ODAFF in an effort to restore and protect Scenic River watersheds included: For Poultry Operations: • Assisted growers in developing Animal Waste/Nutrient Management Plans. Two ODAFF contract soil scientists have written 933 Animal Waste Management Plans for Poultry Feeding Operations (PFO); while ODAFF/NRCS’s engineers and environmental specialists have developed 139 Comprehensive Nutrient Management Plans (CNMPs) for PFOs state-wide. • Conducted inspections of all poultry operations located in the watersheds; 59 inspections were performed by ODAFF poultry inspectors in fiscal year (FY) 2010 (from July 1, 2009 to June 30, 2010). Also 29 follow-up inspections were conducted during that time period. • Provided 126 technical assistances in FY 2010 to the PFOs in the watershed. • Performed 33 complaint investigations and took enforcement/compliance actions against 12 PFOs and/or Poultry Waste Applicators located or operated in the watersheds violating poultry statutes and rules. Coordinated with intra and interstate agencies/entities in developing CNMPs for facilities located in the impaired watersheds. Agricultural Environmental Management Services (AEMS) Division of ODAFF has signed a cooperative agreement with Natural Resources Conservation Service (NRCS) of USDA to develop CNMPs for those operations applying for Environmental Quality Incentives Program (EQIP) funds to install conservation measures at their facilities. Under this agreement CNMPs have been and are being developed by AEMS staff. • Received a Pollution Prevention (P2) grant with EPA to provide training and technical assistance to PFO growers to implement Best Management Plans at their farms in order to control pollution at the source. Under this grant, soil sampling of all fields at the farms will be conducted by our inspectors to assess phosphorus contents of the soil in all fields where litter was spread. EPA has awarded the grant to ODAFF in October 2010 with a project period from October 2010 to September 2013 • Continued to pursue cost-effective alternative methods of disposal of excess litter through Oklahoma Litter Market Website. This website connects buyers and sellers of poultry litter together. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 8 • Continued assisting growers in developing Animal Waste Management Plans (AWMP) and/or Nutrient Management Plans (NMP). • Accelerated inspection and enforcement actions against violators of the Registered Poultry Feeding Operations Act and Poultry Waste Applicators Certification Act and the permanent rules, and those who do not comply with requirements of Animal Waste/Nutrient Management Plans. • Evaluated the possibility of the pursuit of the following research and development projects: o An assessment of technical, economical and environmental impacts of using poultry waste as direct-burn and blended source of energy in coal-fired power plants in Oklahoma. AES Shady Point Power Plant is actively pursuing the use of poultry litter as blended source of energy at either their existing generation plant or in a stand-alone facility. They hope to begin this activity this year or next. o Evaluation of the impact of land application of poultry waste on water bodies located in the vicinity of application sites. For Nursery Operations: • Monitored nursery operations monthly for nitrate-nitrogen, total-phosphorous and pesticides from 1989 to 2001. Results have been published in The Curtis Report 1989 –1992, 1993, 1994, 1995, 1996, 1997. • Signed voluntary compliance agreements with nursery operations to reduce nutrient loading. • Started monitoring nurseries again since 2008 to determine if any irrigation return flow is entering the Illinois River. If return flow is entering the river then the water is sampled and analyzed for nutrients and pesticides. • Notified nurseries when they were out of compliance. Based upon its inspection and oversight activities, ODAFF evaluated and assessed the impact of its regulated activities in the Scenic River watersheds: Poultry Farms • There are 85 poultry operations (more than half raising broilers) registered with ODAFF, consisting of 71 operations in the Upper Illinois River (“UIR”) watershed encompassing parts of Adair County, Cherokee County and Delaware County; 1 operations in the Lee Creek/Little Lee Creek (“LLC”) watershed encompassing parts of Adair, Leflore and Sequoyah Counties; and 13 operations in the Upper Mountain Fork (“UMF”) watershed encompassing part of McCurtain County. Registration information suggests that these operations manage a total of 392 houses with 372 houses and 7,283,330 birds in UIR watershed, 4 houses and 100,000 birds in LLC watershed, and 16 houses and 179,000 birds in UMF watershed. The total number of operations decreased from 87 to 85 PFOs this year; while the total number of houses increased from 380 to 392 houses, an increase of 2.7%. The trend of the industry is building larger houses with more bird space than before. The total number of bird spaces increased about 2.9% in UIR watershed, decreased 12% in LLC watershed; and satyed the same in UMF watershed. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 9 Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 10 • The majority of the poultry operations in the watersheds raise broilers, consequently ODAFF has estimated the total amounts of litter and nutrients produced for all operations based on the broiler production rate of 18 lbs of litter per year per space and its nutrient values of 46 lbs of total nitrogen and 53 lbs of P2O5 per ton of litter.(1) The estimated amount of litter and nutrients generated per year in the Oklahoma portion of the different watersheds is listed in Table 1. Table 1. Estimated annual amount of litter and nutrients generated in the Scenic River watersheds in Oklahoma.(1) Watershed Litter (ton) Total N (ton) P2O5 (ton) Phosphorus P (ton) UIR 65,550 1,508 1,737 759 LLC 900 21 24 10 UMF 1,611 37 43 19 Total 68,061 1,566 1,804 788 (1)Table 11: Estimated Solid Manure Characteristics, Manure Characteristics, Manure Management System Series, Midwest Plan Service (MWPS)-18, Section 1. • Compared to last year, ODAFF estimates a increase (about 2.7%) in litter produced, from 66,254 tons to 68061 tons, resulting in a increase in P2O5 generated: from 1,756 tons in 2009 to 1,804 tons in 2010. • The above estimation is based on the actual bird space rather than the traditional method of estimating based on a litter production rate of 125 tons per year per house. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 11 Since the houses are larger, the number of chicken spaces per house increase as well as the amount of litter generated. • The total amount of manure produced per the latter method would be 49,000 tons (46,500 tons in UIR, 500 tons in LLC and 2,000 tons in UMF). Thus, the former method is more appropriate in evaluating the impact of poultry industries in the watersheds. It is also noted that the OSU (Oklahoma State University) Extension Fact Sheet F-2228 “Fertilizer Nutrients in Animal Manure” specified an average content of P2O5 of manure in Oklahoma of 61lbs per ton of manure for broiler. Based on this phosphorus content and the latter method for estimating manure produced of 49,000 tons, the total amount of P2O5 generated in the watersheds would be 1,495 tons, compared to 1,804 tons per the former method as presented in the above table. The difference between the two methods is within 17%. ODAFF inspectors collected soil samples for soil test phosphorus (“STP”) at poultry operations located in several counties in the Scenic River watersheds in Summer and Fall of 2002. The results indicated that more than 39% of samples collected exceeded the STP of 250. Samples collected by ODAFF inspectors also indicated that more than 77% of the samples exceeded the STP of 120, and more than 33% of the samples exceeded the STP of 300. Under the EPA’s P2 grant awarded in 2010, our poultry inspectors will collect soil samples at all fields, where litter was applied, of PFOs located in the eastern part of the state in the next three years to get an updated picture of soil test phosphorus levels of land owned or leased by PFOs and used, or potentially used for land application of litter. This would help regulators as well as regulated communities in determining how much litter generated will be transferred out fo the watershed. • Since the above samples do not cover all lands located in the watersheds, that are either being used as land application sites or that may be available for future land application sites, the extra phosphorus loading, above and beyond the soil capacity for agronomic use, could not be accurately estimated. • Based on a threshold of STP of 250 and the results of soil tests collected by ODAFF inspectors, we assumed that 39% of lands with STP of 250 located in the watersheds that are being used for litter application are at capacity for P loading; thus, no more litter should be applied on these lands. Numerous AEMS (Agricultural Environmental Management Service Division) compliance letters have been sent in 2010 directing the halt of the application of poultry waste on specific fields. Similarly, based on STP thresholds of 120 and 300, and ODAFF’s inspectors soil test results, the percentage of land at capacity for P loading would be 77% and 33% respectively. As a conservative measure for pollution prevention at the source, it is estimated that the amounts of extra poultry litter presented in Table 2, based on different STP thresholds of 120, 250 and 300, should either be transferred out of each watershed or be applied onto other available lands in the watersheds. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 12 Table 2. Estimated amounts of extra poultry litter generated in Oklahoma, based upon different soil test phosphorus thresholds, that should not be applied to traditionally used land application fields. Watershed Excess Litter (STP 120) Excess Litter (STP 250) Excess Litter (STP 300) UIR 50,474 tons 25,265 tons 21,632 tons LLC 693 tons 351 tons 297 tons UMF 1,240 tons 828 tons 532 tons Total 52,407 tons 26,744 tons 22,461 tons The percentage of lands at capacity for P loading and the estimated amount of excess litter listed above will need to be revised once all STP data are submitted and verified by ODAFF and/or additional STP samples are collected by ODAFF inspectors. These values will also be reevaluated based on the updated STP thresholds, if any, recommended by NRCS and/or OSU. Depending on the terrain and slopes of the sites, the proximity to the Scenic Rivers and the nature and conditions of the intermediate zones between the sites and the waters, the impact could be significant or negligible. Therefore, to accurately estimate the impact of agricultural activities on water quality of Scenic Rivers, especially of the poultry operations in the watersheds, in-stream monitoring stations to measure nutrient levels up and downstream of the operations, above and below the operations and at the state line for monitoring of interstate phosphorus contributions should be established. Monitoring data will also help in reevaluating the effectiveness of pollution prevention measures applied in the watershed and the appropriateness of currently recommended STP threshold values. In monitoring nutrient levels at the edge of the operation fields or land application areas, site-specific STP threshold could be developed for each watershed and put in use for stricter control of Phosphorus loading in the watershed. Nursery Operations There are two large containerized plant nurseries along the Illinois River that have had irrigation tail-water return flow enter the river. These operations were monitored monthly for nitrate-nitrogen, total-phosphorous and pesticides from 1989 to 2001. One operation became totally contained in 1998 and only has runoff leaving its property during large rainfall events. These nurseries signed voluntary compliance agreements with ODAFF to reduce the yearly average nitrate level in their discharge from a high of 27.99 mg/l NO3-N in 1989 to 10 mg/l in 1996. They also agreed to reduce the Phosphorus (total) level down to 1 mg/l. Beyond the aforementioned regulatory efforts to reduce pollution from municipal dischargers and poultry operations, which together contribute the vast majority of the pollution to Scenic Rivers, projects designed to enlist voluntary cooperation from watershed landowners continue in the Scenic River watersheds. Such projects are designed to provide government cost-share assistance for landowners to install best management practices (“BMPs”) that are designed to reduce the pollutants causing impairment. Significant Clean Water Act §319(h), USDA Environmental Quality Incentive Program (“EQIP”), and/or State Cost-Share Program monies have been expended in both Arkansas and Oklahoma to reduce nutrient impacts on water quality, particularly in the Illinois River watershed. Oklahoma hopes to continue working with Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 13 Arkansas on these essential nonpoint source pollution abatement projects in the future so that voluntary efforts to reduce Scenic River impairment are intensified. ODAFF Goals for Reducing Agricultural Impact to Scenic Rivers • Goals: o Phase 1: 50% reduction of potential agricultural sources, to be achieved in 5 years. o Phase 2: 100% of significant potential agricultural sources, to be achieved in 10 years. **Depending on resources available, the results of further soil sampling and the assessment of the level of impact contributed by agricultural sources on the watersheds, the above goals could be reevaluated in the future. • Strategy to Achieve the Goals: o For Poultry Operations: Evaluate the accuracy of STP data of lands located in the watersheds as submitted by poultry applicators through required annual reports to ODAFF; spot check the STPs, by conducting on site inspection and soil sample collection. Notify the applicators of the additional future sites with currently more than an STP of 250. Coordinate with growers in locating available lands in the watersheds with STP less than 250 for future land application of litter. This will help determine the amount of litter, if any, to be transferred out of the basins/watersheds. Measure in-stream P levels upstream and downstream of the poultry operations and/or litter land application sites by setting up monitoring stations in the Scenic Rivers. Evaluate currently available OWRB’s BUMP or USGS data on nutrient levels in the watersheds. Evaluate the above data to determine effectiveness of land application restrictions, and the appropriateness of the recommended STP threshold values. Select a typical litter land application site located within ¼ mile of a scenic river, coordinate with grower and/or NRCS to monitor phosphorus levels in the runoff water within 100 feet outside of the perimeter of the land application field after storm events, and to measure the phosphorus content of the soil of the field to determine the phosphorus amount leaving the field, if any, in order to develop or adjust the STP threshold specific for the watershed or sub-watershed. o For Plant Nursery Operations: Monitor the irrigation return flow of the nurseries to maintain compliance with the voluntary compliance agreements and the new in-stream total phosphorus criteria of 0.037 mg/l. Monitor the river upstream and downstream from the nursery operations to determine if impact to the river is occurring. Assist operations with developing management plans to reduce nutrient loading. �� A review of compliance agreements will be done if monitoring data indicated phosphorus in the irrigation return flow is having an adverse effect on the in-stream total phosphorus criteria. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 14 Involve pesticide manufacturers if pesticides are detected in any irrigation tail-water due to normal label use. Work toward total retention and recycling of the irrigation water with the use of state and federal assistance within 10 years. Poultry Litter Transfer in the Illinois River Watershed The purpose of this project, which was begun in 2002 and has been supplemented multiple times since, is to protect water quality in the Illinois River and Eucha-Spavinaw watersheds by reducing land application of poultry litter through exportation. The latest iteration was launched in late 2007 and uses lessons learned from the previous program to help expand the litter market. Now, buyers are eligible to receive $0.03/ton/mile or up to $8/ton for litter purchased from the Illinois River or Eucha/Spavinaw watersheds. Haulers and growers are not subsidized through this program and buyers are responsible for locating their own sources and haulers of litter. This revamped program is administered by local Conservation Districts, which ensure buyers complete the steps necessary to receive the subsidy. Conservation Districts who support the program are eligible to receive up to $1.00/ton for the litter that moves to their district. In return for these administrative fees, Conservation Districts process claims and advertise the program. It is believed that this subsidy will help encourage cash-strapped districts to strongly endorse the use of poultry litter as an alternative to commercial fertilizer. Many one-time users of litter become repeat users; therefore, the intent of these subsidy programs is to get producers hooked on the economic and agronomic benefits of litter such that they will continue to purchase it beyond the life of the subsidy. Through the latest federally funded and now exclusively state funded programs, a total of 82,213 tons of poultry litter have been moved out of the Illinois River and Eucha-Spavinaw Watersheds between October 2007 and November 2009. Approximately $325,000 federal and $288,000 in state funds were spent to accomplish this effort. In 2009, two poultry spreaders were purchased and are located at the Kay County and Talihina Conservation Districts. Conservation Reserve Enhancement Program Oklahoma’s Conservation Reserve Enhancement Program is a partnership between local, state, and federal partners (USDA/FSA & NRCS) to protect and improve water quality through voluntary retirement of agricultural land under production in environmentally sensitive riparian areas along streams and rivers. Landowners are paid an incentive to protect these areas for up to 15 years. CREP is entirely voluntary, providing incentive payments to producers in priority watersheds who enter a 10-15 year contract to fence off and protect riparian buffer areas along streams in program zones. The CREP program requires a 20% non-federal match to receive the federal dollars. In Oklahoma, OCC, City of Tulsa, Oklahoma Scenic Rivers Commission, FSA and NRCS are currently utilizing the CREP program to restore and protect thousands of acres of riparian area in the Oklahoma portion of the Illinois River and Eucha/Spavinaw watersheds. Initial commitments (e.g. City of Tulsa, OSRC, and OCC program matching funds) are sufficient to implement a $20.6 million dollar program in the Eucha/Spavinaw and Illinois River Watersheds. This program is an excellent means to extend what are often short-term NPS programs into 10-15 years, with a new source of federal funds. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 15 After its third year, two main endeavors appear to be driving an increased interest in CREP: a stepped-up effort to contact landowners individually through letters and word of mouth between neighbors. The following overall accomplishments have taken place since 2007: • 119 applications have been taken • 117 site visits have occurred • 44 contracts have been approved and 19 are pending approval • 468 acres are enrolled in CREP and 431 acres are pending enrollment • 27,455 bare root seedling trees were planted • 16,842 linear feet of fencing was installed • $785,123 has been spent on installation of conservation practices Public Outreach During FY2010, the project coordinator and plan writers (OCC staff) have been busy contacting landowners. Nearly 400 letters were sent out to eligible landowners. CREP staff attended 6 poultry meetings, 3 local cattlemen association meetings. Also, staff spoke and/or assisted at annual NRCS public outreach meetings and a water quality day camp on the Illinois River. Illinois River Supplemental Project An effort to extend and compliment ongoing non-point source (NPS) management efforts in the Illinois River watershed began in 2008. This program provides match and complements the Conservation Reserve Enhancement Program (CREP) with focus on riparian area protection. The project area encompasses Delaware, Adair, Cherokee, and Sequoyah Counties in the Illinois River Watershed. The project focuses on protecting areas that are not eligible for CREP, therefore extending the impact of the CREP program. As of December 2010, the program has spent $1,403,313 to implement best management practices. A total of 130 contracts have been approved and 58 conservation plans have been written. Illinois River 319 Implementation Project Completed Best Management Practices January 2010- December 2010 2008-2010 Riparian acres excluded/ protected 573 681 Riparian fencing (feet) 18,384 36,783 Ponds 2 3 Waste storage/ winter feeding facilities and cake-out litter storage buildings 2 9 Cross-fencing (feet) 16,066 41,398 Watering facilities, tanks 16 47 Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 16 Wells 3 12 Heavy use areas (gravel or concrete) 22 75 Rural waste replacements (septic systems) 22 61 Monitoring CREP and Illinois River Supplemental To evaluate implementation effects on stream water quality resulting from CREP and the extended Illinois River Watershed Projects, OCC initiated a strategic monitoring plan this past spring, implementing autosamplers at key locations in the program area (Figure 4). The monitoring design follows methods which utilize a paired or nested watershed monitoring scheme. Use of autosamplers allows for a continuous assessment of both a true average concentration of constituents in the stream water and continuous discharge data, both crucial to calculating the accurate loading estimates necessary to account for changes in the water quality brought about in relatively short project timeframes. Routine physico-chemical, instream habitat, and biological sampling are also conducted at monitoring sites. Data from this monitoring program will be used to evaluate changes in key parameters (particularly nutrients) over time throughout the fifteen year lifespan of the CREP program. ÊÚÊÚ ÊÚ ÊÚ ÊÚ ÊÚ ÊÚ Oklahoma Arkansas Benton Co. Delaware Co. Washington Co. Adair Co. Crawford Co. Sequoyah Co. Cherokee Co. Mayes Co. Beaty Cr. Spavinaw Cr. Flint Cr. Caney Cr. Baron Fork Baron Fork @ state line Illinois River Watershed Spavinaw Watershed ÊÚ Autosampler Sites 2009-10 CREP Monitoring Sites Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 17 Recreational Sector As the only State agency created with the specific charge of protecting the Illinois River and its tributaries, the Oklahoma Scenic Rivers Commission (“OSRC”) has been extremely active in all watershed efforts, particularly in policing the rivers and educating users about the value of Scenic Rivers. Over the course of the year, the OSRC has evaluated every aspect of OSRC Operations to eliminate unnecessary expenditures and to make operations as efficient as possible in meeting their mission. Over the course of 2010, OSRC reports the following milestones and successes: • Provided public facilities and services to more than 500,000 individuals visiting Barren Fork Creek, Flint Creek, and the Illinois River areas • July 1, 2010thru December 31, 2010 150,000 people floated the Illinois River • 65,000 Trash Bags distributed “free-of-charge” to river visitors • Maintained trash abatement and maintenance services in public access areas everyday of the year except Christmas Day o 60,980 pounds of trash collected by OSRC Staff o 2 - River Clean-Up Events with over 200 participants o 16,840 gallons of wastewater collected and properly disposed from 12 Pit Toilet and 13 Portable Toilet Facilities located in OSRC-managed public access areas • OSRC Staff recycled aluminum, iron, and other recyclables that resulted in over $1,000 of revenue being generated back to the agency budget • Education Outreach Coordinator, Rangers and Administrator spoke to 4,000+ individuals regarding Water Quality and Safety • Published Newsletters and Website to Public • Provided 250+ Environmental Reviews for CDBG and other funded projects throughout Oklahoma • Communicated and cooperated with Illinois River Association, Illinois River Watershed Partnership, Poultry Community Council, Poultry Partners, Save The Illinois River, Inc (STIR), Sierra Club and The Nature Conservancy • Fostered partnerships with sister state, federal and tribal agencies on many projects, including the Oklahoma Department of Transportation and Oklahoma Department of Wildlife Conservation to provide public access to scenic rivers, the state’s new Conservation Reserve Enhancement Program administered by the Oklahoma Conservation Commission and bacteria/other issues education outreach program with Oklahoma Department of Environmental Quality • Provided assistance to co-manage the 556 acre Sparrow Hawk Primitive Area to reduce cost to the Oklahoma Department of Wildlife Conservation • River Rangers rescued 49 individuals in swift water rescue calls, one missing person, located three people in need of assistance and evacuation, and assisted local fire departments on five rescues Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 18 • River Rangers issued citations directly related to Scenic River impacts: Littering a Scenic Stream 2 Possession of Glass Containers 4 Possession of Styrofoam Containers 2 Failure to have a PFD (Lifejacket) 1 Tying vessels together 1 Failure to purchase user fee 1 Alcohol or 3.2 Beer where prohibited 5 Off-Road Vehicles where prohibited 1 Driving on streambed for recreation 1 Total 18 *These totals are for the time period January 1, 2010 thru December 31, 2010 and do not include an approximate 110 citations for public drunkenness, assault and battery and other arrests/misdemeanor citations issued by OSRC River Rangers. Mining Sector The Oklahoma Department of Mines (“ODM”) has specific regulations governing gravel mining operations on Oklahoma’s Scenic Rivers (at OAC 460:10-13-3 and 10-13-4). These guidelines establish more stringent operational requirements for permitting and operation on Scenic Rivers as defined by Oklahoma Statute, as well as other High Quality Waters and Outstanding Resource Waters identified in Oklahoma’s Water Quality Standards. Some of the operational requirements implemented by ODM as detailed in OAC 460:10-13-4 include: a. Reference to other state required permits pertaining to the site. b. Comply with all state water quality environmental laws when removing or stockpiling gravel. c. Mining in or driving into the wetted portion of the riverbed is prohibited. d. Changing the course of the river is prohibited. e. Maintain a 100-foot buffer of natural vegetation between the river’s edge and any processing plant site other than normal access to the stream. If no plant is located on the property, the operator shall take precautions to preserve stream bank integrity. f. Where appropriate, BMPs such as sediment traps and fences shall be installed and maintained to minimize sediment and spoil return to a stream. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 19 Prior to ODM permit issuance, the applicant also must submit approved copies of other state, federal, and local government permits or licenses, (460:10-13-4). These permits include but are not limited to: • Stormwater permit • Pollution prevention plan • NPDES and/or OPDES • Floodplain permit • Stream water permit • Copies of notifications sent to state and federal fish and wildlife agencies • Army Corps of Engineers notification • Closure plan Finally, a stream water monitoring plan is required to be submitted and implemented prior to, and during, mining operations. This rule allows for the use of any plan filed with other agencies with jurisdiction. There have been no surface or underground coal mining operations in the Illinois River watershed for the past 20 years. Pursuant to OAC 460:20-27-11, 460:20-43-9, and 460:20-43- 12, all surface drainage and ground water seeps from area disturbed by coal mining and reclamation activities must pass through a properly designed siltation structure/s before leaving the permitted area. Discharges of water must also be in compliance with effluent limitations for coal mining promulgated by ODEQ or the US Environmental Protection Agency set forth in 40 CFR, Part 434. Oil & Gas Historically, oil and gas activity near the scenic rivers has been extremely limited, and there has been no activity in these watersheds during the past five years (Figure 2). The only recorded well drilled near the Mountain Fork River was drilled in 1925. The only recent oil and gas activity in a Scenic River Watershed is near Lee Creek. Of the 40 wells in Sequoyah County with new activity initiated from 2000 to 2005, seven were in the Lee Creek watershed. These wells ranged from ¼ mile to 4 miles from Lee Creek. In April 2005, Oklahoma Corporation Commission staff physically inspected the northeastern scenic rivers area (Illinois River watershed, including the Flint Creek and Barren Fork tributaries, and near Lee Creek). They found no new or unknown oil and gas drilling activity. The Commission database shows thirty two complaints in Adair, Cherokee, Sequoyah and Delaware counties since 2005, none specifically for problems involving the Scenic Rivers. Commission complaints in Adair, Cherokee, and Delaware counties are usually for Petroleum Storage Tank related problems. On in eastern Sequoyah County, near Lee Creek, have there been oil and gas activity related complaints. All have been investigated and resolved. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 20 Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 21 SCENIC RIVER MONITORING Closing the loop on water quality management involves intensive water quality monitoring, which will be critical to providing answers regarding the success of measures taken to reverse the impairment of Oklahoma’s Scenic Rivers. Monitoring is vital to establishing water quality trends in the Scenic Rivers and to determining whether or not other impairments exist, particularly in the Lee and Little Lee Creek watersheds where more data are needed. This same long-term monitoring will ascertain the degree to which existing water quality standards adequately protect the beneficial uses and antidegradation provisions assigned to the Scenic Rivers. Any shortcomings in regulatory or voluntary tools employed to reverse impairment will be identified through water quality monitoring, and modifications to those tools, including possible water quality standards revisions and TMDL modifications, will result. Under its Beneficial Use Monitoring Program, OWRB staff maintains several stations within the Illinois River, Lee Creek, and Upper Mountain Fork River watersheds (Table 3). All but two of the stations have been monitored since the program’s inception in November 1998. Caney Creek near Barber was added in 1999 because of its potentially significant influence on Tenkiller Lake. Lee Creek was added in 2002 so that all of Oklahoma’s Scenic Rivers could be adequately monitored over the long-term. Although not included in Table 3, the Cherokee Nation Office of Environmental Services (“CNOES”) is also monitoring Little Lee Creek at several locations. Through cooperative agreements with the OWRB, OSRC, the USGS maintains stream flow gauges in each watershed and conducts targeted water quality studies throughout the Illinois River watershed. Table 3. BUMP monitoring stations located in the Illinois River, Lee Creek, and Upper Mountain Fork River watersheds. STATION I.D. STATION NAME COUNTY PERIOD OF RECORD AT197000 Barren Fork, SH 51, Eldon Cherokee 11/98-present AT197360 Caney Creek, off SH 100, Barber Cherokee 9/99-present AT196000 Flint Creek, US 412, Flint Delaware 11/98-present AT195500 Illinois River, US 59, Watts Adair 11/98-present AT196500 Illinois River, US 62, Tahlequah Cherokee 11/98-present AT249800 Lee Creek, SH 101, Short Sequoyah 1/03-present AT250040 Little Lee Creek, SH 101, Nicut Sequoyah 9/07-present AT338750 Mountain Fork, SH 4, Smithville McCurtain 11/98-present AT195865 Sager Creek, off US 412, West Siloam Springs Delaware 11/98-present Recent water quality data collected by the OWRB at its Beneficial Use Monitoring Program permanent monitoring stations indicate that water quality is presently impaired in Flint Creek, Barren Fork Creek, and the Illinois River (all within the Illinois River watershed), as well as in Lee Creek and the Upper Mountain Fork River. The most recent data and information are included in the 2007-2008 BUMP Final Report, and these impairments are reflected in the State’s 2008 Integrated Water Quality Report/303(d) list. Monitoring Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 22 Continued monitoring and evaluation of Lake Tenkiller is equally important in understanding the affects of watershed activities on water quality in the watershed, as well as in evaluating whether pollution control efforts are achieving positive results. The OWRB's report titled "Monitoring of Tenkiller Ferry Lake Near Horseshoe Bend and Caney Creek to Support Lake Tenkiller TMDL and BMP Activities" clearly demonstrated that from 1998 through 2000, the total phosphorus load at Horseshoe Bend of Lake Tenkiller not only failed to meet the interim goal of 40% reduction but was actually 124% of the established 1996 baseline load. The recently published Arkansas-Oklahoma Arkansas River Compact Commission 2006 Report shows the total phosphorus load to be even higher at 179% of the 1996 baseline load. Sampling of Lake Tenkiller Ferry by the Corps of Engineers showed that a new and potentially toxin-producing algae is present in the lake. Test results by the COE, OWRB, and OU Health Sciences Center show that the blue-green algae Cylindrospermopsis raciborskii has colonized Lake Tenkiller. Algae of the genus, Cylindrospermopsis have been known to produce the potent cyanotoxin, cylindrospermopsin. Because of this potential, Lake Tenkiller was included in the OWRB’s Harmful Algae Bloom (“HAB”) project. Here, BUMP lake sampling was leveraged to allow a grab sample of algae community to be enumerated and compared against World Health Organization criteria of risk due to recreational exposure. HAB algae samples were taken in August 2004, March 2005, and May 2005 from five lacustrine zone sites in the lake. The overall recreational risk in Lake Tenkiller due to HAB toxins was found to be moderate. Algae of the genus Cylindrospermopsis and Aphanocapsa presented the greatest risk for cyanotoxin production in Lake Tenkiller. Aphanocapsa is known to produce microcystin, a hepatotoxin. Interestingly, the haptophyte, Chrysochromulina parva, was noted in the March 2005 samples. This mixotrophic algae is in the same family and may fill the same ecological niche as its cousin, Prymnesium parvum, or “golden algae”. Tenkiller Ferry Lake was sampled for four quarters by the Oklahoma Water Resources Board, from October 2005 through July 2006. OWRB summarized its findings as follows: Tenkiller Ferry Lake was classified as eutrophic, indicative of high primary productivity and nutrient levels (Plate 113). Water clarity was excellent during the study period and may be attributed to the absence of inorganic turbidity (Plate 113) levels that are commonly seen in most Oklahoma reservoirs. A trophic state index (TSI), using Carlson's TSI (chlorophylla), was calculated using values collected at all sites for four quarters (n=28). The average TSI was 55 classifying the lake as eutrophic, indicative of high levels of primary productivity and nutrients. This value is similar to the TSI calculated in both 2004 and 2002 (TSI=56), indicating no significant change in productivity. TSI values varied by site and season with lower values generally occurring in the lower end of the lake near the dam. At the upper end of the lake TSI values were generally mid to upper-eutrophic throughout the year. All turbidity values were well below the Oklahoma Water Quality Standard (WQS) of 25 NTU, therefore meeting the FWP beneficial use as it relates to turbidity. All of the true color values were well below the numeric criteria of 70 units and the Aesthetics beneficial use is considered fully supported. Tenkiller Ferry Lake was supporting its FWP beneficial use based on nephelometric turbidity and partially supporting the beneficial use based on low D.O. concentrations in the water column. The low D.O. values observed in the summer at several sites are a cause for concern and should be studied further. Bacteriological samples were also collected to assess the Primary Body Contact Recreation (PBCR) beneficial use. Samples were Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 23 collected at five sites throughout the lake for E.coli, fecal coliform, and enterococci during the recreation season of May through September 2006. Although all sample results were below both the screening level and geometric mean, the minimum data requirements for each segment were not met and an assessment of the PBCR beneficial use cannot be made at this time. In addition, the Oklahoma Water Resources Board initiated a probabilistic sampling program within the Illinois River basin in the summer of 2007. The main project goal is to establish baseline biological conditions throughout the watershed on the Illinois River in Oklahoma. Sampling involves data collection at 50 sites chosen randomly with sites encompassing all stream sizes. The sampling entails three to four collection events over two sample years (25 sites per year), and for quality assurances purposes, 5 sites (or 10%) will be revisited during each sample year. The final report for this project was released on July 31, 2010. Parametric coverage for the probabilistic program is diverse with a variety of chemical parameters collected and three biotic assemblages measured. The following table outlines the varying collection events and frequencies. General index periods will include late spring/early summer, mid/late summer, and winter. Fish will be collected sometime during the late spring to mid summer. The two Benthic Macro-Invertebrate collections will occur in summer and winter. Habitat measurement will be assemblage specific. Table 4. Sample parameters for Illinois River Basin Probabilistic Sampling Program. Parameter Collection Frequency Physical and chemical field parameters During each collection Chemical “lab samples” One collection Benthic Macroinvertebrates Two collections Benthic and Sestonic Chlorophyll-a Three collections Total Phosphorus Three collections Fish One collection Flow With each assessment. Habitat During each field collection (will have forms tailored to the algal and macroinvertebrate collections) Bacteria One collection In order to build upon the momentum of the State’s efforts to restore and protect Oklahoma’s treasured Scenic Rivers, the support of the Oklahoma Legislature in providing adequate funding and resources is vital. Continued support of the BUMP program has been crucial to the coordinated efforts of the State. Continued support of the USGS monitoring and stream gauging programs is critical to the data needs inherent to this effort, as well. Additionally, routine monitoring of Lake Tenkiller should be resumed in order to determine the magnitude of impact from continued phosphorus loading on its beneficial uses. The feasibility of mitigating in-lake impacts should be revisited, as well, with an eye towards the potential of short-term relief while efforts toward a long-term solution continue. Oklahoma Water Quality Standards Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 24 Critical to managing water quality are suitable water quality standards and implementation rules. The Oklahoma Water Resources Board adopted a criterion of 0.037 ug/L total phosphorus to protect Oklahoma’s six Scenic Rivers in March 2002. EPA Region VI approved the criterion in May 2004. This criterion has become the basis for substantial remedial efforts in the watershed. OWRB has subsequently continued efforts to protect and restore the Scenic Rivers with development of protocols and rules to determine if Scenic Rivers are impaired by phosphorus. OWRB also has adopted a criterion to provide additional protection for the drinking water use of Lake Tenkiller by adding a Nutrient Limited Watershed designation. OWRB also adopted a 10 ug/l criterion for chlorophyll-a that applies to both Tenkiller Ferry and Broken Bow Lakes. The “Statement of Joint Principles and Actions” that enable EPA approval of the phosphorus criterion include the following clause: “Oklahoma periodically reevaluates all of its water quality standards. In particular, Oklahoma will reevaluate Oklahoma’s 0.037 mg/l criterion for total phosphorus in Oklahoma’s Scenic Rivers by 2012, based on the best scientific information available at that time, and with the full, timely inclusion fo officials from the State of Arkansas representing both point and non-point source dischargers.” To complete reevaluation by 2012, the process must be initiated no later than the spring of 2011. As currently planned, the review will involve a Technical Advisory Group that includes representation from Arkansas Soil and Water Conservation Commission, Arkansas Department of Environmental Quality, Oklahoma Department of Agriculture, Food, and Forestry, Oklahoma Conservation Commission, Oklahoma Department of Environmental Quality, Oklahoma Water Resources Board, the Cherokee Nation, and EPA Region 6. The Best scientific information available will be solicited with a formal hearing. The technical advisory group will review the best scientific information acquired and make a recommendation to OWRB staff whether additional criteria development is necessary. CONCLUSION For over three decades, the State of Oklahoma has worked diligently to ensure that its six Scenic Rivers receive the protection and reverence that they deserve. Unfortunately, Oklahomans have continued to see water quality deteriorate in many of these once pristine systems. Indeed, the sheer magnitude of the population growth (both human and avian) in the Illinois River watershed, in particular, coupled with the fact that the majority of the pollutant loading stems from actions taken across state lines, often frustrates and masks the incremental improvements made by the efforts of Oklahoma. With these realities in mind, it is incumbent upon the State of Oklahoma to redouble its efforts to secure further pollutant reductions in the Scenic River watersheds, both in Oklahoma and Arkansas. Conclusion
Object Description
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Title | Coordinated watershed restoration 2010 |
OkDocs Class# | W1700.3 W331r/u 2010 |
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ODL electronic copy | Downloaded from agency website: http://www.environment.ok.gov/documents/SB972/SB972report_2010update.pdf |
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Language | English |
Full text | Coordinated Watershed Restoration and Protection Strategy for Oklahoma’s Impaired Scenic Rivers (per 82 O.S. §1457 as amended by Senate Bill 972 in 2002) ● 2010 Update ● Coordinated and Prepared By: Office of the Secretary of Environment Gary L. Sherrer, Secretary of Environment 3800 North Classen Boulevard Oklahoma City, Oklahoma 73118 Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 2 During its 2002 Session, the Legislature passed Senate Bill 972, which charged the Secretary of Environment with coordinating with the other state environmental agencies to develop a “watershed restoration and protection strategy for each impaired scenic river in this state” (“Strategy”). In particular, the Strategy was to list “all permitted or registered water pollution sources,” and to describe the efforts of state environmental agencies to identify and mitigate pollutants causing impairment of these most treasured watersheds. This information is required in subsequent annual reports in order to check the progress of actions initiated by the state environmental agencies in their efforts to restore and protect Oklahoma’s Scenic Rivers. These annual reports (“Updates”) are to be coordinated and compiled by the Secretary of Environment and submitted to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives. This report constitutes the 2010 Update. The Oklahoma Legislature resolved to protect a handful of treasured streams when in 1970, it passed the “Scenic Rivers Act” (82 O.S. 1451-1471) as a means to identify and preserve the unique characteristics and uses of the state’s most scenic streams. This same legislation identified four streams to be designated as “Scenic River Areas”: Flint Creek, Illinois River, Barren Fork Creek, and Upper Mountain Fork River. In 1975, the Legislature added Lee Creek and Little Lee Creek. The primary purpose of the Scenic Rivers Act, and the subsequent water quality standards regulations promulgated pursuant thereto, is to preserve the high quality and unique characteristics of these outstanding resource waters. Recent water quality data collected by the Oklahoma Water Resources Board (“OWRB”) at its Beneficial Use Monitoring Program (“BUMP”) permanent monitoring stations and the Oklahoma Conservation Commission (“OCC”) at its Rotating Basin Monitoring Program permanent monitoring stations indicate that water quality is presently impaired in Flint Creek, Barren Fork Creek, and the Illinois River (all within the Illinois River watershed), as well as in Lee Creek, Little Lee Creek and the Upper Mountain Fork River. The most recent data and information are included in the 2007-2008 BUMP Final Report, and these impairments are reflected in the State’s 2010 Integrated Water Quality Report/303(d) list. RESTORATION/PROTECTION EFFORTS Since the 1970 enactment of the Scenic Rivers Act, the Oklahoma Legislature has placed special emphasis on the protection of the state’s Scenic Rivers. Through a combination of cooperative initiatives, coupled with administrative and legal actions, great strides have been made in the effort to stem degradation of these treasured resources. Over the past decade, the State has heightened efforts to restore and protect its Scenic Rivers, notably through the development of a numeric phosphorus criterion in Oklahoma’s Water Quality Standards (“OWQS”). The high level of cooperation and support of all state environmental agencies, coupled with the solid technical justification derived from extensive Restoration/Protection The Scenic Rivers Introduction Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 3 research, paved the way for State and U.S. Environmental Protection Agency (“EPA”) adoption of a 0.037 mg/L phosphorus criterion to protect the state’s nutrient-imperiled Scenic Rivers. With the numerical phosphorus criterion, the state now has an invaluable regulatory tool for addressing nutrient loading to its Scenic Rivers. For its part, the State of Arkansas expressed its concerns regarding the proposed criterion and vehemently opposed its passage due to the regulatory implications on its municipalities and industries as a result of a previous Supreme Court decision that held that downstream states’ water quality standards could be imposed upon upstream states. Shortly after Governor Keating’s approval of the new OWQS in May of 2002, State officials from Oklahoma, Arkansas, and EPA Region 6 met in an effort to reach agreement on necessary phosphorus reductions in both states while, at the same time, avoiding what could be costly and protracted litigation. Negotitations between Oklahoma, Arkansas, and EPA Region 6 resulted ina a statement of Joint Principles and Actions (“Statement”) signed on December 18, 2003, which laid the groundwork for future collaboration and cooperation in reducing phosphorus loading in the Scenic River watersheds. The statement includes provisions regarding: • Arkansas legislation on poultry waste and nutrient management • Joint efforts to expand litter removal and reuse techniques • Joint phosphorus index controlling land application of poultry litter • Data collection regarding litter management • Watershed monitoring • Reopener provision regarding the Oklahoma Scenic River phosphorus criterion • Arkansas and Oklahoma controls on point source, and • Watershed planning. Over the course of the negotiations, the major municipalities in Arkansas vowed to upgrade their treatment facilities in order to meet the same 1 mg/L effluent limit for phosphorus that is required of Oklahoma’s municipal dischargers in the Scenic River watersheds. Further, the Arkansas General Assembly passed legislation in 2003 establishing a poultry regulatory program somewhat like the one enacted by Oklahoma’s Legislature in 1998. In addition to regulation of poultry waste, this Arkansas legislation seeks to regulate the land application of other nutrient sources in vulnerable watersheds, including commercial fertilizer. Albeit more encompassing in that it also regulates commercial fertilizer application, the Arkansas legislation contains several provisions that allow for unregulated litter application under certain circumstances. For example, the land application standards can be deferred if “there is no alternative use for litter or there are no readily available, affordable alternative nutrient supplies for which litter has been used” (Arkansas Code Title 15 § 20-1111(c)(2)). What is more, poultry operators must be “adequately compensated” for the value of their litter in order for a use other than land application to be considered an “alternative use” under the Arkansas statute (Arkansas Code Title 15 § 20-1110(c)(2)). After approximately 18 months of delay, Arkansas promulgated permanent rules to implement its new nutrient management statutes in the fall of 2005. However, the prohibition against land application of poultry litter except according to the requirements of an animal waste management plan was deferred until January 2007. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 4 Because the majority of the phosphorus and bacterial pollution, stems from nonpoint sources, efforts to restore the Scenic Rivers are obstructed by the lack of a similar commitment on the part of the poultry integrator companies that operate in Scenic River watersheds. The single largest contributor of nonpoint source phosphorus pollution is surplus poultry litter generated by the integrators’ flocks. Thus, it is imperative that the poultry integrator companies take responsibility for the safe disposal of surplus litter at their corporate-owned and contract facilities in both states in order to remove one of the most significant sources of pollution in Oklahoma’s Scenic Rivers. This is one of the specifically identified purposes of the State’s current litigation. Since Federal approval of the State’s numeric phosphorus criterion, Oklahoma is in a much stronger position to utilize the Clean Water Act process and seek significant Scenic River protections, including the drafting of watershed plans and, as needed, the total maximum daily loads (“TMDL”) for each pollutant causing impairment. Either process can result in the calculation of an “overall pollutant-specific load reduction” called for in 82 O.S. 2002, section 1457(B)(2)(a), which can serve as the target “to bring each impaired scenic river back into compliance with water quality standards.” However, neither of these processes will be effective without the cooperation of the State of Arkansas and the participation of those entities on both sides of the border, such as the poultry integrator companies and municipal dischargers, which contribute pollutants. Unfortunately, the inability of the states to agree on core issues, such as a common approach for managing poultry waste, prevents such a joint effort. A critical component of Oklahoma’s efforts to protect and restore the water quality in its Scenic Rivers is the lawsuit it has brought against poultry integrators operating in the Illinois River Basin. The suit seeks to force the integrators to take responsibility for the proper management of poultry waste on both sides of the border and to work to undo the impact of pollution by nutrients, bacteria, and other contaminants. The successful resolution of Oklahoma’s lawsuit against the integrators will hopefully establish a more unified and effective approach throughout the watershed. Municipal/Industrial Sector Both the Arkansas Department of Environmental Quality (“ADEQ”) and the Oklahoma Department of Environmental Quality (“ODEQ”) will enforce the discharge permits issued pursuant to the Statement of Joint Principles and Actions. In 2008, the ODEQ conducted multiple inspections of wastewater treatment plants within Scenic River watersheds in an effort to ensure compliance with permit requirements. Other efforts of the ODEQ to restore and protect Scenic Rivers include the following: • Tahlequah - DEQ has approved a small MS4 (municipal separate storm sewer system) stormwater permit for Tahlequah which contains special requirements for monitoring and anti-degradation safeguards. Tahlequah has been monitoring the quality of their stormwater discharges since October, 2007. This information will be utilized to assess the effectiveness of stormwater management measures and the need for any additional stormwater controls in the future. • Tahlequah - The Tahlequah Public Works Authority (TPWA) has implemented a composting program for biosolids produced by their Wastewater Treatment Facility. The material is mixed with wood chips and composted to produce a Class A compost product. The compost is provided to homeowners for use in gardens and flowerbeds, Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 5 sold to plant nurseries, and used by the City of Tahlequah in parks and landscaping to help establish vegetation on sewer and water line projects as well as reduce storm water runoff. Much of the compost is used outside of the Illinois River Basin as well as providing many benefits. • DEQ has supported the EPA-led effort to develop updated water quality models for the Illinois River watershed and Lake Tenkiller that are intended to result in one or more TMDLs for the lake and impaired streams in the watershed. The focus of these efforts is nutrients and associated dissolved oxygen impairments. The goal of the TMDLs is to achieve the phosphorus standard for the Illinois River, the Flint Creek, and Baron Fork at 0.037 mg/L and chlorophyll-a standard for Lake Tenkiller at 10 μg/L. In 2010, DEQ participated in the special project meeting of agency heads in Dallas, various workgroup meetings and two public meetings related to this project. In addition to supplying EPA and its contractor with data and existing model files, DEQ provided comments on their data compilation report and model selection memo. In the process, DEQ secured a confirmation from EPA that a TMDL for Lake Tenkiller remains a key objective of the project in addition to TMDLs for the streams in the watershed. DEQ continues to coordinate with EPA and their contractor to ensure the success of this effort. • A significant effort has been made by DEQ to provide comments and information to adjacent states concerning those wastewater activities that may have some impact on our state waters, particularly our Scenic Rivers. By providing comments on proposed permits, or simply providing supporting information to decision makers, DEQ works with adjacent states to protect our waters. A few examples of proposed actions on which DEQ has commented are: o Arkansas proposed 303(d) list of impaired waters (2008 and 2010) o Proposed renewal of discharge permit for the City of Rogers o Proposed discharge permit for new Fayetteville sewage treatment facility o Proposed renewal of discharge permit for America Electric Power (SWEPCO Lake) o Proposed renewal of discharge permit for Prairie Grove • Proposed new wastewater facility for the Northwest Arkansas Conservation Authority (new since last update to the report). A significant effort was made assessing the likely impacts on Oklahoma water quality from this major new discharge in the Illinois River watershed. Several rounds of comments and objections were filed with EPA and the Arkansas Department of Environmental Quality. A significantly more stringent limit for phosphorus in this discharge was ultimately required by EPA. As a result of a private party lawsuit against the new discharge, NACA agreed to implement the stricter phosphorus limit upon beginning operation of the new facility rather than three (3) years later as EPA had proposed. • When considering 401 Water Quality Certification for Corps of Engineers (Corps) nationwide permits (404 dredge and fill operations) within Scenic River watersheds, DEQ continues to evaluate unique conditions to determine if additional justification is required or if certification denial is warranted. • Targeted training is provided to local DEQ staff on addressing issues that are unique to Scenic River watersheds. This proactive step allows for a prompt and appropriate DEQ response to situations that arise. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 6 • DEQ continues to investigate complaints and to pursue enforcement, where warranted, within Scenic River watersheds. A few examples of such actions are as follows: o Provided assistance to the Corp of Engineers concerning a complaint regarding gravel mining near Watts, Oklahoma. The property owner restored the site and ceased any such operations in the future o Assisted the Cherokee Nation in January 2010 regarding the demolition of an acquired building in Tahlequah and the construction a new building o Technical assistance was provide to the Park Hill gravel removal site near Tahlequah in February 2010 and the matter was resolved without formal enforcement action o The DEQ received a complaint of construction taking place within Black Fox Hollow Creek. An inspection was performed on October 21, 2009, and a Notice of Violation was issued on November 23, 2009. The DEQ issued a Consent Order on February 16, 2010, in an effort to address the violations identified at the site. A settlement has been offered and executed Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 7 Agricultural Sector The Oklahoma Department of Agriculture, Food, & Forestry (“ODAFF”) has the authority to ensure compliance with the revised nutrient management plans at registered poultry feeding operations in Oklahoma. Except for two nurseries, none of the agricultural related activities under ODAFF’s jurisdiction have permits to discharge to Scenic Rivers. However, land application of poultry waste or other agricultural waste above the agronomic rates or applying on land already saturated with nutrients yields polluted runoff contributing to the degradation of water quality in the Scenic Rivers. In addition to nutrients, land application of poultry waste introduces bacteria and other pollutants into Scenic River watersheds. The irrigation tail-water return flow from plant nurseries in the Illinois River watershed could also contribute to the degradation of the water quality of the Scenic Rivers. Tasks performed by ODAFF in an effort to restore and protect Scenic River watersheds included: For Poultry Operations: • Assisted growers in developing Animal Waste/Nutrient Management Plans. Two ODAFF contract soil scientists have written 933 Animal Waste Management Plans for Poultry Feeding Operations (PFO); while ODAFF/NRCS’s engineers and environmental specialists have developed 139 Comprehensive Nutrient Management Plans (CNMPs) for PFOs state-wide. • Conducted inspections of all poultry operations located in the watersheds; 59 inspections were performed by ODAFF poultry inspectors in fiscal year (FY) 2010 (from July 1, 2009 to June 30, 2010). Also 29 follow-up inspections were conducted during that time period. • Provided 126 technical assistances in FY 2010 to the PFOs in the watershed. • Performed 33 complaint investigations and took enforcement/compliance actions against 12 PFOs and/or Poultry Waste Applicators located or operated in the watersheds violating poultry statutes and rules. Coordinated with intra and interstate agencies/entities in developing CNMPs for facilities located in the impaired watersheds. Agricultural Environmental Management Services (AEMS) Division of ODAFF has signed a cooperative agreement with Natural Resources Conservation Service (NRCS) of USDA to develop CNMPs for those operations applying for Environmental Quality Incentives Program (EQIP) funds to install conservation measures at their facilities. Under this agreement CNMPs have been and are being developed by AEMS staff. • Received a Pollution Prevention (P2) grant with EPA to provide training and technical assistance to PFO growers to implement Best Management Plans at their farms in order to control pollution at the source. Under this grant, soil sampling of all fields at the farms will be conducted by our inspectors to assess phosphorus contents of the soil in all fields where litter was spread. EPA has awarded the grant to ODAFF in October 2010 with a project period from October 2010 to September 2013 • Continued to pursue cost-effective alternative methods of disposal of excess litter through Oklahoma Litter Market Website. This website connects buyers and sellers of poultry litter together. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 8 • Continued assisting growers in developing Animal Waste Management Plans (AWMP) and/or Nutrient Management Plans (NMP). • Accelerated inspection and enforcement actions against violators of the Registered Poultry Feeding Operations Act and Poultry Waste Applicators Certification Act and the permanent rules, and those who do not comply with requirements of Animal Waste/Nutrient Management Plans. • Evaluated the possibility of the pursuit of the following research and development projects: o An assessment of technical, economical and environmental impacts of using poultry waste as direct-burn and blended source of energy in coal-fired power plants in Oklahoma. AES Shady Point Power Plant is actively pursuing the use of poultry litter as blended source of energy at either their existing generation plant or in a stand-alone facility. They hope to begin this activity this year or next. o Evaluation of the impact of land application of poultry waste on water bodies located in the vicinity of application sites. For Nursery Operations: • Monitored nursery operations monthly for nitrate-nitrogen, total-phosphorous and pesticides from 1989 to 2001. Results have been published in The Curtis Report 1989 –1992, 1993, 1994, 1995, 1996, 1997. • Signed voluntary compliance agreements with nursery operations to reduce nutrient loading. • Started monitoring nurseries again since 2008 to determine if any irrigation return flow is entering the Illinois River. If return flow is entering the river then the water is sampled and analyzed for nutrients and pesticides. • Notified nurseries when they were out of compliance. Based upon its inspection and oversight activities, ODAFF evaluated and assessed the impact of its regulated activities in the Scenic River watersheds: Poultry Farms • There are 85 poultry operations (more than half raising broilers) registered with ODAFF, consisting of 71 operations in the Upper Illinois River (“UIR”) watershed encompassing parts of Adair County, Cherokee County and Delaware County; 1 operations in the Lee Creek/Little Lee Creek (“LLC”) watershed encompassing parts of Adair, Leflore and Sequoyah Counties; and 13 operations in the Upper Mountain Fork (“UMF”) watershed encompassing part of McCurtain County. Registration information suggests that these operations manage a total of 392 houses with 372 houses and 7,283,330 birds in UIR watershed, 4 houses and 100,000 birds in LLC watershed, and 16 houses and 179,000 birds in UMF watershed. The total number of operations decreased from 87 to 85 PFOs this year; while the total number of houses increased from 380 to 392 houses, an increase of 2.7%. The trend of the industry is building larger houses with more bird space than before. The total number of bird spaces increased about 2.9% in UIR watershed, decreased 12% in LLC watershed; and satyed the same in UMF watershed. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 9 Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 10 • The majority of the poultry operations in the watersheds raise broilers, consequently ODAFF has estimated the total amounts of litter and nutrients produced for all operations based on the broiler production rate of 18 lbs of litter per year per space and its nutrient values of 46 lbs of total nitrogen and 53 lbs of P2O5 per ton of litter.(1) The estimated amount of litter and nutrients generated per year in the Oklahoma portion of the different watersheds is listed in Table 1. Table 1. Estimated annual amount of litter and nutrients generated in the Scenic River watersheds in Oklahoma.(1) Watershed Litter (ton) Total N (ton) P2O5 (ton) Phosphorus P (ton) UIR 65,550 1,508 1,737 759 LLC 900 21 24 10 UMF 1,611 37 43 19 Total 68,061 1,566 1,804 788 (1)Table 11: Estimated Solid Manure Characteristics, Manure Characteristics, Manure Management System Series, Midwest Plan Service (MWPS)-18, Section 1. • Compared to last year, ODAFF estimates a increase (about 2.7%) in litter produced, from 66,254 tons to 68061 tons, resulting in a increase in P2O5 generated: from 1,756 tons in 2009 to 1,804 tons in 2010. • The above estimation is based on the actual bird space rather than the traditional method of estimating based on a litter production rate of 125 tons per year per house. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 11 Since the houses are larger, the number of chicken spaces per house increase as well as the amount of litter generated. • The total amount of manure produced per the latter method would be 49,000 tons (46,500 tons in UIR, 500 tons in LLC and 2,000 tons in UMF). Thus, the former method is more appropriate in evaluating the impact of poultry industries in the watersheds. It is also noted that the OSU (Oklahoma State University) Extension Fact Sheet F-2228 “Fertilizer Nutrients in Animal Manure” specified an average content of P2O5 of manure in Oklahoma of 61lbs per ton of manure for broiler. Based on this phosphorus content and the latter method for estimating manure produced of 49,000 tons, the total amount of P2O5 generated in the watersheds would be 1,495 tons, compared to 1,804 tons per the former method as presented in the above table. The difference between the two methods is within 17%. ODAFF inspectors collected soil samples for soil test phosphorus (“STP”) at poultry operations located in several counties in the Scenic River watersheds in Summer and Fall of 2002. The results indicated that more than 39% of samples collected exceeded the STP of 250. Samples collected by ODAFF inspectors also indicated that more than 77% of the samples exceeded the STP of 120, and more than 33% of the samples exceeded the STP of 300. Under the EPA’s P2 grant awarded in 2010, our poultry inspectors will collect soil samples at all fields, where litter was applied, of PFOs located in the eastern part of the state in the next three years to get an updated picture of soil test phosphorus levels of land owned or leased by PFOs and used, or potentially used for land application of litter. This would help regulators as well as regulated communities in determining how much litter generated will be transferred out fo the watershed. • Since the above samples do not cover all lands located in the watersheds, that are either being used as land application sites or that may be available for future land application sites, the extra phosphorus loading, above and beyond the soil capacity for agronomic use, could not be accurately estimated. • Based on a threshold of STP of 250 and the results of soil tests collected by ODAFF inspectors, we assumed that 39% of lands with STP of 250 located in the watersheds that are being used for litter application are at capacity for P loading; thus, no more litter should be applied on these lands. Numerous AEMS (Agricultural Environmental Management Service Division) compliance letters have been sent in 2010 directing the halt of the application of poultry waste on specific fields. Similarly, based on STP thresholds of 120 and 300, and ODAFF’s inspectors soil test results, the percentage of land at capacity for P loading would be 77% and 33% respectively. As a conservative measure for pollution prevention at the source, it is estimated that the amounts of extra poultry litter presented in Table 2, based on different STP thresholds of 120, 250 and 300, should either be transferred out of each watershed or be applied onto other available lands in the watersheds. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 12 Table 2. Estimated amounts of extra poultry litter generated in Oklahoma, based upon different soil test phosphorus thresholds, that should not be applied to traditionally used land application fields. Watershed Excess Litter (STP 120) Excess Litter (STP 250) Excess Litter (STP 300) UIR 50,474 tons 25,265 tons 21,632 tons LLC 693 tons 351 tons 297 tons UMF 1,240 tons 828 tons 532 tons Total 52,407 tons 26,744 tons 22,461 tons The percentage of lands at capacity for P loading and the estimated amount of excess litter listed above will need to be revised once all STP data are submitted and verified by ODAFF and/or additional STP samples are collected by ODAFF inspectors. These values will also be reevaluated based on the updated STP thresholds, if any, recommended by NRCS and/or OSU. Depending on the terrain and slopes of the sites, the proximity to the Scenic Rivers and the nature and conditions of the intermediate zones between the sites and the waters, the impact could be significant or negligible. Therefore, to accurately estimate the impact of agricultural activities on water quality of Scenic Rivers, especially of the poultry operations in the watersheds, in-stream monitoring stations to measure nutrient levels up and downstream of the operations, above and below the operations and at the state line for monitoring of interstate phosphorus contributions should be established. Monitoring data will also help in reevaluating the effectiveness of pollution prevention measures applied in the watershed and the appropriateness of currently recommended STP threshold values. In monitoring nutrient levels at the edge of the operation fields or land application areas, site-specific STP threshold could be developed for each watershed and put in use for stricter control of Phosphorus loading in the watershed. Nursery Operations There are two large containerized plant nurseries along the Illinois River that have had irrigation tail-water return flow enter the river. These operations were monitored monthly for nitrate-nitrogen, total-phosphorous and pesticides from 1989 to 2001. One operation became totally contained in 1998 and only has runoff leaving its property during large rainfall events. These nurseries signed voluntary compliance agreements with ODAFF to reduce the yearly average nitrate level in their discharge from a high of 27.99 mg/l NO3-N in 1989 to 10 mg/l in 1996. They also agreed to reduce the Phosphorus (total) level down to 1 mg/l. Beyond the aforementioned regulatory efforts to reduce pollution from municipal dischargers and poultry operations, which together contribute the vast majority of the pollution to Scenic Rivers, projects designed to enlist voluntary cooperation from watershed landowners continue in the Scenic River watersheds. Such projects are designed to provide government cost-share assistance for landowners to install best management practices (“BMPs”) that are designed to reduce the pollutants causing impairment. Significant Clean Water Act §319(h), USDA Environmental Quality Incentive Program (“EQIP”), and/or State Cost-Share Program monies have been expended in both Arkansas and Oklahoma to reduce nutrient impacts on water quality, particularly in the Illinois River watershed. Oklahoma hopes to continue working with Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 13 Arkansas on these essential nonpoint source pollution abatement projects in the future so that voluntary efforts to reduce Scenic River impairment are intensified. ODAFF Goals for Reducing Agricultural Impact to Scenic Rivers • Goals: o Phase 1: 50% reduction of potential agricultural sources, to be achieved in 5 years. o Phase 2: 100% of significant potential agricultural sources, to be achieved in 10 years. **Depending on resources available, the results of further soil sampling and the assessment of the level of impact contributed by agricultural sources on the watersheds, the above goals could be reevaluated in the future. • Strategy to Achieve the Goals: o For Poultry Operations: Evaluate the accuracy of STP data of lands located in the watersheds as submitted by poultry applicators through required annual reports to ODAFF; spot check the STPs, by conducting on site inspection and soil sample collection. Notify the applicators of the additional future sites with currently more than an STP of 250. Coordinate with growers in locating available lands in the watersheds with STP less than 250 for future land application of litter. This will help determine the amount of litter, if any, to be transferred out of the basins/watersheds. Measure in-stream P levels upstream and downstream of the poultry operations and/or litter land application sites by setting up monitoring stations in the Scenic Rivers. Evaluate currently available OWRB’s BUMP or USGS data on nutrient levels in the watersheds. Evaluate the above data to determine effectiveness of land application restrictions, and the appropriateness of the recommended STP threshold values. Select a typical litter land application site located within ¼ mile of a scenic river, coordinate with grower and/or NRCS to monitor phosphorus levels in the runoff water within 100 feet outside of the perimeter of the land application field after storm events, and to measure the phosphorus content of the soil of the field to determine the phosphorus amount leaving the field, if any, in order to develop or adjust the STP threshold specific for the watershed or sub-watershed. o For Plant Nursery Operations: Monitor the irrigation return flow of the nurseries to maintain compliance with the voluntary compliance agreements and the new in-stream total phosphorus criteria of 0.037 mg/l. Monitor the river upstream and downstream from the nursery operations to determine if impact to the river is occurring. Assist operations with developing management plans to reduce nutrient loading. �� A review of compliance agreements will be done if monitoring data indicated phosphorus in the irrigation return flow is having an adverse effect on the in-stream total phosphorus criteria. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 14 Involve pesticide manufacturers if pesticides are detected in any irrigation tail-water due to normal label use. Work toward total retention and recycling of the irrigation water with the use of state and federal assistance within 10 years. Poultry Litter Transfer in the Illinois River Watershed The purpose of this project, which was begun in 2002 and has been supplemented multiple times since, is to protect water quality in the Illinois River and Eucha-Spavinaw watersheds by reducing land application of poultry litter through exportation. The latest iteration was launched in late 2007 and uses lessons learned from the previous program to help expand the litter market. Now, buyers are eligible to receive $0.03/ton/mile or up to $8/ton for litter purchased from the Illinois River or Eucha/Spavinaw watersheds. Haulers and growers are not subsidized through this program and buyers are responsible for locating their own sources and haulers of litter. This revamped program is administered by local Conservation Districts, which ensure buyers complete the steps necessary to receive the subsidy. Conservation Districts who support the program are eligible to receive up to $1.00/ton for the litter that moves to their district. In return for these administrative fees, Conservation Districts process claims and advertise the program. It is believed that this subsidy will help encourage cash-strapped districts to strongly endorse the use of poultry litter as an alternative to commercial fertilizer. Many one-time users of litter become repeat users; therefore, the intent of these subsidy programs is to get producers hooked on the economic and agronomic benefits of litter such that they will continue to purchase it beyond the life of the subsidy. Through the latest federally funded and now exclusively state funded programs, a total of 82,213 tons of poultry litter have been moved out of the Illinois River and Eucha-Spavinaw Watersheds between October 2007 and November 2009. Approximately $325,000 federal and $288,000 in state funds were spent to accomplish this effort. In 2009, two poultry spreaders were purchased and are located at the Kay County and Talihina Conservation Districts. Conservation Reserve Enhancement Program Oklahoma’s Conservation Reserve Enhancement Program is a partnership between local, state, and federal partners (USDA/FSA & NRCS) to protect and improve water quality through voluntary retirement of agricultural land under production in environmentally sensitive riparian areas along streams and rivers. Landowners are paid an incentive to protect these areas for up to 15 years. CREP is entirely voluntary, providing incentive payments to producers in priority watersheds who enter a 10-15 year contract to fence off and protect riparian buffer areas along streams in program zones. The CREP program requires a 20% non-federal match to receive the federal dollars. In Oklahoma, OCC, City of Tulsa, Oklahoma Scenic Rivers Commission, FSA and NRCS are currently utilizing the CREP program to restore and protect thousands of acres of riparian area in the Oklahoma portion of the Illinois River and Eucha/Spavinaw watersheds. Initial commitments (e.g. City of Tulsa, OSRC, and OCC program matching funds) are sufficient to implement a $20.6 million dollar program in the Eucha/Spavinaw and Illinois River Watersheds. This program is an excellent means to extend what are often short-term NPS programs into 10-15 years, with a new source of federal funds. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 15 After its third year, two main endeavors appear to be driving an increased interest in CREP: a stepped-up effort to contact landowners individually through letters and word of mouth between neighbors. The following overall accomplishments have taken place since 2007: • 119 applications have been taken • 117 site visits have occurred • 44 contracts have been approved and 19 are pending approval • 468 acres are enrolled in CREP and 431 acres are pending enrollment • 27,455 bare root seedling trees were planted • 16,842 linear feet of fencing was installed • $785,123 has been spent on installation of conservation practices Public Outreach During FY2010, the project coordinator and plan writers (OCC staff) have been busy contacting landowners. Nearly 400 letters were sent out to eligible landowners. CREP staff attended 6 poultry meetings, 3 local cattlemen association meetings. Also, staff spoke and/or assisted at annual NRCS public outreach meetings and a water quality day camp on the Illinois River. Illinois River Supplemental Project An effort to extend and compliment ongoing non-point source (NPS) management efforts in the Illinois River watershed began in 2008. This program provides match and complements the Conservation Reserve Enhancement Program (CREP) with focus on riparian area protection. The project area encompasses Delaware, Adair, Cherokee, and Sequoyah Counties in the Illinois River Watershed. The project focuses on protecting areas that are not eligible for CREP, therefore extending the impact of the CREP program. As of December 2010, the program has spent $1,403,313 to implement best management practices. A total of 130 contracts have been approved and 58 conservation plans have been written. Illinois River 319 Implementation Project Completed Best Management Practices January 2010- December 2010 2008-2010 Riparian acres excluded/ protected 573 681 Riparian fencing (feet) 18,384 36,783 Ponds 2 3 Waste storage/ winter feeding facilities and cake-out litter storage buildings 2 9 Cross-fencing (feet) 16,066 41,398 Watering facilities, tanks 16 47 Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 16 Wells 3 12 Heavy use areas (gravel or concrete) 22 75 Rural waste replacements (septic systems) 22 61 Monitoring CREP and Illinois River Supplemental To evaluate implementation effects on stream water quality resulting from CREP and the extended Illinois River Watershed Projects, OCC initiated a strategic monitoring plan this past spring, implementing autosamplers at key locations in the program area (Figure 4). The monitoring design follows methods which utilize a paired or nested watershed monitoring scheme. Use of autosamplers allows for a continuous assessment of both a true average concentration of constituents in the stream water and continuous discharge data, both crucial to calculating the accurate loading estimates necessary to account for changes in the water quality brought about in relatively short project timeframes. Routine physico-chemical, instream habitat, and biological sampling are also conducted at monitoring sites. Data from this monitoring program will be used to evaluate changes in key parameters (particularly nutrients) over time throughout the fifteen year lifespan of the CREP program. ÊÚÊÚ ÊÚ ÊÚ ÊÚ ÊÚ ÊÚ Oklahoma Arkansas Benton Co. Delaware Co. Washington Co. Adair Co. Crawford Co. Sequoyah Co. Cherokee Co. Mayes Co. Beaty Cr. Spavinaw Cr. Flint Cr. Caney Cr. Baron Fork Baron Fork @ state line Illinois River Watershed Spavinaw Watershed ÊÚ Autosampler Sites 2009-10 CREP Monitoring Sites Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 17 Recreational Sector As the only State agency created with the specific charge of protecting the Illinois River and its tributaries, the Oklahoma Scenic Rivers Commission (“OSRC”) has been extremely active in all watershed efforts, particularly in policing the rivers and educating users about the value of Scenic Rivers. Over the course of the year, the OSRC has evaluated every aspect of OSRC Operations to eliminate unnecessary expenditures and to make operations as efficient as possible in meeting their mission. Over the course of 2010, OSRC reports the following milestones and successes: • Provided public facilities and services to more than 500,000 individuals visiting Barren Fork Creek, Flint Creek, and the Illinois River areas • July 1, 2010thru December 31, 2010 150,000 people floated the Illinois River • 65,000 Trash Bags distributed “free-of-charge” to river visitors • Maintained trash abatement and maintenance services in public access areas everyday of the year except Christmas Day o 60,980 pounds of trash collected by OSRC Staff o 2 - River Clean-Up Events with over 200 participants o 16,840 gallons of wastewater collected and properly disposed from 12 Pit Toilet and 13 Portable Toilet Facilities located in OSRC-managed public access areas • OSRC Staff recycled aluminum, iron, and other recyclables that resulted in over $1,000 of revenue being generated back to the agency budget • Education Outreach Coordinator, Rangers and Administrator spoke to 4,000+ individuals regarding Water Quality and Safety • Published Newsletters and Website to Public • Provided 250+ Environmental Reviews for CDBG and other funded projects throughout Oklahoma • Communicated and cooperated with Illinois River Association, Illinois River Watershed Partnership, Poultry Community Council, Poultry Partners, Save The Illinois River, Inc (STIR), Sierra Club and The Nature Conservancy • Fostered partnerships with sister state, federal and tribal agencies on many projects, including the Oklahoma Department of Transportation and Oklahoma Department of Wildlife Conservation to provide public access to scenic rivers, the state’s new Conservation Reserve Enhancement Program administered by the Oklahoma Conservation Commission and bacteria/other issues education outreach program with Oklahoma Department of Environmental Quality • Provided assistance to co-manage the 556 acre Sparrow Hawk Primitive Area to reduce cost to the Oklahoma Department of Wildlife Conservation • River Rangers rescued 49 individuals in swift water rescue calls, one missing person, located three people in need of assistance and evacuation, and assisted local fire departments on five rescues Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 18 • River Rangers issued citations directly related to Scenic River impacts: Littering a Scenic Stream 2 Possession of Glass Containers 4 Possession of Styrofoam Containers 2 Failure to have a PFD (Lifejacket) 1 Tying vessels together 1 Failure to purchase user fee 1 Alcohol or 3.2 Beer where prohibited 5 Off-Road Vehicles where prohibited 1 Driving on streambed for recreation 1 Total 18 *These totals are for the time period January 1, 2010 thru December 31, 2010 and do not include an approximate 110 citations for public drunkenness, assault and battery and other arrests/misdemeanor citations issued by OSRC River Rangers. Mining Sector The Oklahoma Department of Mines (“ODM”) has specific regulations governing gravel mining operations on Oklahoma’s Scenic Rivers (at OAC 460:10-13-3 and 10-13-4). These guidelines establish more stringent operational requirements for permitting and operation on Scenic Rivers as defined by Oklahoma Statute, as well as other High Quality Waters and Outstanding Resource Waters identified in Oklahoma’s Water Quality Standards. Some of the operational requirements implemented by ODM as detailed in OAC 460:10-13-4 include: a. Reference to other state required permits pertaining to the site. b. Comply with all state water quality environmental laws when removing or stockpiling gravel. c. Mining in or driving into the wetted portion of the riverbed is prohibited. d. Changing the course of the river is prohibited. e. Maintain a 100-foot buffer of natural vegetation between the river’s edge and any processing plant site other than normal access to the stream. If no plant is located on the property, the operator shall take precautions to preserve stream bank integrity. f. Where appropriate, BMPs such as sediment traps and fences shall be installed and maintained to minimize sediment and spoil return to a stream. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 19 Prior to ODM permit issuance, the applicant also must submit approved copies of other state, federal, and local government permits or licenses, (460:10-13-4). These permits include but are not limited to: • Stormwater permit • Pollution prevention plan • NPDES and/or OPDES • Floodplain permit • Stream water permit • Copies of notifications sent to state and federal fish and wildlife agencies • Army Corps of Engineers notification • Closure plan Finally, a stream water monitoring plan is required to be submitted and implemented prior to, and during, mining operations. This rule allows for the use of any plan filed with other agencies with jurisdiction. There have been no surface or underground coal mining operations in the Illinois River watershed for the past 20 years. Pursuant to OAC 460:20-27-11, 460:20-43-9, and 460:20-43- 12, all surface drainage and ground water seeps from area disturbed by coal mining and reclamation activities must pass through a properly designed siltation structure/s before leaving the permitted area. Discharges of water must also be in compliance with effluent limitations for coal mining promulgated by ODEQ or the US Environmental Protection Agency set forth in 40 CFR, Part 434. Oil & Gas Historically, oil and gas activity near the scenic rivers has been extremely limited, and there has been no activity in these watersheds during the past five years (Figure 2). The only recorded well drilled near the Mountain Fork River was drilled in 1925. The only recent oil and gas activity in a Scenic River Watershed is near Lee Creek. Of the 40 wells in Sequoyah County with new activity initiated from 2000 to 2005, seven were in the Lee Creek watershed. These wells ranged from ¼ mile to 4 miles from Lee Creek. In April 2005, Oklahoma Corporation Commission staff physically inspected the northeastern scenic rivers area (Illinois River watershed, including the Flint Creek and Barren Fork tributaries, and near Lee Creek). They found no new or unknown oil and gas drilling activity. The Commission database shows thirty two complaints in Adair, Cherokee, Sequoyah and Delaware counties since 2005, none specifically for problems involving the Scenic Rivers. Commission complaints in Adair, Cherokee, and Delaware counties are usually for Petroleum Storage Tank related problems. On in eastern Sequoyah County, near Lee Creek, have there been oil and gas activity related complaints. All have been investigated and resolved. Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 20 Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 21 SCENIC RIVER MONITORING Closing the loop on water quality management involves intensive water quality monitoring, which will be critical to providing answers regarding the success of measures taken to reverse the impairment of Oklahoma’s Scenic Rivers. Monitoring is vital to establishing water quality trends in the Scenic Rivers and to determining whether or not other impairments exist, particularly in the Lee and Little Lee Creek watersheds where more data are needed. This same long-term monitoring will ascertain the degree to which existing water quality standards adequately protect the beneficial uses and antidegradation provisions assigned to the Scenic Rivers. Any shortcomings in regulatory or voluntary tools employed to reverse impairment will be identified through water quality monitoring, and modifications to those tools, including possible water quality standards revisions and TMDL modifications, will result. Under its Beneficial Use Monitoring Program, OWRB staff maintains several stations within the Illinois River, Lee Creek, and Upper Mountain Fork River watersheds (Table 3). All but two of the stations have been monitored since the program’s inception in November 1998. Caney Creek near Barber was added in 1999 because of its potentially significant influence on Tenkiller Lake. Lee Creek was added in 2002 so that all of Oklahoma’s Scenic Rivers could be adequately monitored over the long-term. Although not included in Table 3, the Cherokee Nation Office of Environmental Services (“CNOES”) is also monitoring Little Lee Creek at several locations. Through cooperative agreements with the OWRB, OSRC, the USGS maintains stream flow gauges in each watershed and conducts targeted water quality studies throughout the Illinois River watershed. Table 3. BUMP monitoring stations located in the Illinois River, Lee Creek, and Upper Mountain Fork River watersheds. STATION I.D. STATION NAME COUNTY PERIOD OF RECORD AT197000 Barren Fork, SH 51, Eldon Cherokee 11/98-present AT197360 Caney Creek, off SH 100, Barber Cherokee 9/99-present AT196000 Flint Creek, US 412, Flint Delaware 11/98-present AT195500 Illinois River, US 59, Watts Adair 11/98-present AT196500 Illinois River, US 62, Tahlequah Cherokee 11/98-present AT249800 Lee Creek, SH 101, Short Sequoyah 1/03-present AT250040 Little Lee Creek, SH 101, Nicut Sequoyah 9/07-present AT338750 Mountain Fork, SH 4, Smithville McCurtain 11/98-present AT195865 Sager Creek, off US 412, West Siloam Springs Delaware 11/98-present Recent water quality data collected by the OWRB at its Beneficial Use Monitoring Program permanent monitoring stations indicate that water quality is presently impaired in Flint Creek, Barren Fork Creek, and the Illinois River (all within the Illinois River watershed), as well as in Lee Creek and the Upper Mountain Fork River. The most recent data and information are included in the 2007-2008 BUMP Final Report, and these impairments are reflected in the State’s 2008 Integrated Water Quality Report/303(d) list. Monitoring Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 22 Continued monitoring and evaluation of Lake Tenkiller is equally important in understanding the affects of watershed activities on water quality in the watershed, as well as in evaluating whether pollution control efforts are achieving positive results. The OWRB's report titled "Monitoring of Tenkiller Ferry Lake Near Horseshoe Bend and Caney Creek to Support Lake Tenkiller TMDL and BMP Activities" clearly demonstrated that from 1998 through 2000, the total phosphorus load at Horseshoe Bend of Lake Tenkiller not only failed to meet the interim goal of 40% reduction but was actually 124% of the established 1996 baseline load. The recently published Arkansas-Oklahoma Arkansas River Compact Commission 2006 Report shows the total phosphorus load to be even higher at 179% of the 1996 baseline load. Sampling of Lake Tenkiller Ferry by the Corps of Engineers showed that a new and potentially toxin-producing algae is present in the lake. Test results by the COE, OWRB, and OU Health Sciences Center show that the blue-green algae Cylindrospermopsis raciborskii has colonized Lake Tenkiller. Algae of the genus, Cylindrospermopsis have been known to produce the potent cyanotoxin, cylindrospermopsin. Because of this potential, Lake Tenkiller was included in the OWRB’s Harmful Algae Bloom (“HAB”) project. Here, BUMP lake sampling was leveraged to allow a grab sample of algae community to be enumerated and compared against World Health Organization criteria of risk due to recreational exposure. HAB algae samples were taken in August 2004, March 2005, and May 2005 from five lacustrine zone sites in the lake. The overall recreational risk in Lake Tenkiller due to HAB toxins was found to be moderate. Algae of the genus Cylindrospermopsis and Aphanocapsa presented the greatest risk for cyanotoxin production in Lake Tenkiller. Aphanocapsa is known to produce microcystin, a hepatotoxin. Interestingly, the haptophyte, Chrysochromulina parva, was noted in the March 2005 samples. This mixotrophic algae is in the same family and may fill the same ecological niche as its cousin, Prymnesium parvum, or “golden algae”. Tenkiller Ferry Lake was sampled for four quarters by the Oklahoma Water Resources Board, from October 2005 through July 2006. OWRB summarized its findings as follows: Tenkiller Ferry Lake was classified as eutrophic, indicative of high primary productivity and nutrient levels (Plate 113). Water clarity was excellent during the study period and may be attributed to the absence of inorganic turbidity (Plate 113) levels that are commonly seen in most Oklahoma reservoirs. A trophic state index (TSI), using Carlson's TSI (chlorophylla), was calculated using values collected at all sites for four quarters (n=28). The average TSI was 55 classifying the lake as eutrophic, indicative of high levels of primary productivity and nutrients. This value is similar to the TSI calculated in both 2004 and 2002 (TSI=56), indicating no significant change in productivity. TSI values varied by site and season with lower values generally occurring in the lower end of the lake near the dam. At the upper end of the lake TSI values were generally mid to upper-eutrophic throughout the year. All turbidity values were well below the Oklahoma Water Quality Standard (WQS) of 25 NTU, therefore meeting the FWP beneficial use as it relates to turbidity. All of the true color values were well below the numeric criteria of 70 units and the Aesthetics beneficial use is considered fully supported. Tenkiller Ferry Lake was supporting its FWP beneficial use based on nephelometric turbidity and partially supporting the beneficial use based on low D.O. concentrations in the water column. The low D.O. values observed in the summer at several sites are a cause for concern and should be studied further. Bacteriological samples were also collected to assess the Primary Body Contact Recreation (PBCR) beneficial use. Samples were Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 23 collected at five sites throughout the lake for E.coli, fecal coliform, and enterococci during the recreation season of May through September 2006. Although all sample results were below both the screening level and geometric mean, the minimum data requirements for each segment were not met and an assessment of the PBCR beneficial use cannot be made at this time. In addition, the Oklahoma Water Resources Board initiated a probabilistic sampling program within the Illinois River basin in the summer of 2007. The main project goal is to establish baseline biological conditions throughout the watershed on the Illinois River in Oklahoma. Sampling involves data collection at 50 sites chosen randomly with sites encompassing all stream sizes. The sampling entails three to four collection events over two sample years (25 sites per year), and for quality assurances purposes, 5 sites (or 10%) will be revisited during each sample year. The final report for this project was released on July 31, 2010. Parametric coverage for the probabilistic program is diverse with a variety of chemical parameters collected and three biotic assemblages measured. The following table outlines the varying collection events and frequencies. General index periods will include late spring/early summer, mid/late summer, and winter. Fish will be collected sometime during the late spring to mid summer. The two Benthic Macro-Invertebrate collections will occur in summer and winter. Habitat measurement will be assemblage specific. Table 4. Sample parameters for Illinois River Basin Probabilistic Sampling Program. Parameter Collection Frequency Physical and chemical field parameters During each collection Chemical “lab samples” One collection Benthic Macroinvertebrates Two collections Benthic and Sestonic Chlorophyll-a Three collections Total Phosphorus Three collections Fish One collection Flow With each assessment. Habitat During each field collection (will have forms tailored to the algal and macroinvertebrate collections) Bacteria One collection In order to build upon the momentum of the State’s efforts to restore and protect Oklahoma’s treasured Scenic Rivers, the support of the Oklahoma Legislature in providing adequate funding and resources is vital. Continued support of the BUMP program has been crucial to the coordinated efforts of the State. Continued support of the USGS monitoring and stream gauging programs is critical to the data needs inherent to this effort, as well. Additionally, routine monitoring of Lake Tenkiller should be resumed in order to determine the magnitude of impact from continued phosphorus loading on its beneficial uses. The feasibility of mitigating in-lake impacts should be revisited, as well, with an eye towards the potential of short-term relief while efforts toward a long-term solution continue. Oklahoma Water Quality Standards Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 24 Critical to managing water quality are suitable water quality standards and implementation rules. The Oklahoma Water Resources Board adopted a criterion of 0.037 ug/L total phosphorus to protect Oklahoma’s six Scenic Rivers in March 2002. EPA Region VI approved the criterion in May 2004. This criterion has become the basis for substantial remedial efforts in the watershed. OWRB has subsequently continued efforts to protect and restore the Scenic Rivers with development of protocols and rules to determine if Scenic Rivers are impaired by phosphorus. OWRB also has adopted a criterion to provide additional protection for the drinking water use of Lake Tenkiller by adding a Nutrient Limited Watershed designation. OWRB also adopted a 10 ug/l criterion for chlorophyll-a that applies to both Tenkiller Ferry and Broken Bow Lakes. The “Statement of Joint Principles and Actions” that enable EPA approval of the phosphorus criterion include the following clause: “Oklahoma periodically reevaluates all of its water quality standards. In particular, Oklahoma will reevaluate Oklahoma’s 0.037 mg/l criterion for total phosphorus in Oklahoma’s Scenic Rivers by 2012, based on the best scientific information available at that time, and with the full, timely inclusion fo officials from the State of Arkansas representing both point and non-point source dischargers.” To complete reevaluation by 2012, the process must be initiated no later than the spring of 2011. As currently planned, the review will involve a Technical Advisory Group that includes representation from Arkansas Soil and Water Conservation Commission, Arkansas Department of Environmental Quality, Oklahoma Department of Agriculture, Food, and Forestry, Oklahoma Conservation Commission, Oklahoma Department of Environmental Quality, Oklahoma Water Resources Board, the Cherokee Nation, and EPA Region 6. The Best scientific information available will be solicited with a formal hearing. The technical advisory group will review the best scientific information acquired and make a recommendation to OWRB staff whether additional criteria development is necessary. CONCLUSION For over three decades, the State of Oklahoma has worked diligently to ensure that its six Scenic Rivers receive the protection and reverence that they deserve. Unfortunately, Oklahomans have continued to see water quality deteriorate in many of these once pristine systems. Indeed, the sheer magnitude of the population growth (both human and avian) in the Illinois River watershed, in particular, coupled with the fact that the majority of the pollutant loading stems from actions taken across state lines, often frustrates and masks the incremental improvements made by the efforts of Oklahoma. With these realities in mind, it is incumbent upon the State of Oklahoma to redouble its efforts to secure further pollutant reductions in the Scenic River watersheds, both in Oklahoma and Arkansas. Conclusion |
Date created | 2011-12-22 |
Date modified | 2012-02-14 |