EPA has finalized a novel proposal to regulate excessive water "flow" as a proxy for "sediment" in an impaired stream in Fairfax County, VA, arguing that the move is legal because the water flow in the stream is "an appropriate surrogate" for sediment levels, and the agency has the authority to use surrogates under the Clean Water Act (C WA). State and local officials and others raised concerns about the proposal last year when EPA Region HI first introduced it, and those concerned about the approach say several technical and legal questions remain about how the new pollution limits will be implemented in the heavily developed Accotink Creek area.
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