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Comments on Methylmercury Draft Guidance Sought by EPA Five Years After Criterion Set

The Environmental Protection Agency is seeking comments on a draft guidance for states and tribes to develop water quality standards based on methylmercury criterion that the agency issued five years ago.

The purpose of this document, Draft Guidance for Implementing the Methylmercury Water Quality Criterion, is to provide approaches that states and tribes can use to develop standards based on the criterion for methylmercury, a compound known to cause neurological defects in children and pregnant women.

"Our clean water guidance helps states turn mercury science into pollution prevention plans to protect public health and watersheds," Benjamin Grumbles, EPA's assistant administrator for water, said in an Aug. 7 statement to BNA.

Five years ago, EPA for the first time recommended water quality criterion for methylmercury to be set at 0.3 milligrams of methylmercury per kilogram of fish tissue rather than of water. EPA usually sets criteria for compounds in water, not for fish in water. Under Section 303(c) of the Clean Water Act, states and authorized tribes must develop water quality standards based on water quality criteria to protect designated uses of fishable, swimmable waters (216 DEN A-15, 11/9/01 ).

EPA's draft guidance instructs states and authorized tribes on how to translate fish tissue criterion to concentration in ambient water. It recommends three approaches that use a bioaccumulative factor (BAF), or the ratio of methylmercury's concentration in an organism's tissue to its concentration in the water where the organism lives. BAFs measure a chemical's potential to accumulate in tissue through exposure to both food and water.

EPA recommends development of site-specific BAFs, use of models using bioaccumulation factors, or use of EPA's draft default methylmercury bioaccumulation factors. For each approach, the agency describes benefits and limitations. The guidance also describes methods for detecting mercury and methylmercury in fish and water at very low levels in order to develop BAFs.

In the draft guidance, EPA acknowledges that more methylmercury will be detected in the nation's waters, owing to the greater sensitivity of detection instruments. EPA also provides a method for directly incorporating the methylmercury criterion into National Pollutant Discharge Elimination System (NPDES) permits.


Draft Reflects Best Available Science

Since EPA issued its criterion in 2001, 44 states, one territory, and two tribes have issued fish consumption advisories for mercury covering 13.2 million lake acres and 765,000 river miles. Mercury is widely found in the environment, originating through natural sources, such as volcanic eruptions, and through man-made processes, such as burning of coal in power plants. The primary route by which the U.S. population is exposed to methylmercury is through consumption of fish containing this toxic compound.
In response to questions concerning the five-year gap in issuing guidance, EPA spokesman Dale Kemery explained that expressing water quality criterion for methylmercury as a fish and shellfish tissue value "raised several technical and programmatic implementation challenges, such as how to translate a fish tissue residue value into a water concentration and ultimately into NPDES permit limits."

In developing the guidance through a work group including state agencies, Kemery said, EPA wanted to ensure that the guidance reflected the best available science to date about mercury, including the technical and scientific information collected in 2004 and 2005 during the development of the Clean Air Mercury Rule. The draft guidance, he said, generally consolidates existing EPA guidance and practice into one document. It addresses questions related to adoption of water quality standards (for example, site-specific criteria and variances), assessments, monitoring, total maximum daily loads, and NPDES permitting issues.


Issues Still the Same

The wastewater treatment community has been waiting for this guidance, according to Susan Bruninga, public affairs director for the National Association of Clean Water Agencies.
"We had a number of questions back then and we are hoping this guidance will answer those questions," Bruninga said.

She said those questions included how to translate bioaccumulated concentrations of methylmercury in fish tissue into observable permit limits for waters and how to develop total maximum daily loads, or a total budget for a particular pollutant, in impaired waters.

In 2001, Chris Hornback, NACWA's regulatory affairs director, said that an increasing number of states were incorporating methylmercury limits in NPDES permits because EPA issued the criterion. At the time, Hornback said permit limits were posing a problem for publicly owned sewage treatment plants because few control options existed, leaving pollution prevention and best management practices as some of the only viable means of achieving the limits.

Five years later, Bruninga said, "our issues are still the same."

EPA asks that comments be identified by Docket ID No. EPA-HQ-OW-2006-0656 and submitted electronically to http://www.regulations.gov or e-mailed to ow-docket@epa.gov. The original and three copies may also be mailed to: Water Docket, Attn. Docket ID No. EPA-HQ-OW-2006-0656, Environmental Protection Agency (4101T), 1200 Pennsylvania Ave. N.W., Washington, D.C. 20460, or hand delivered to EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave. N.W., Washington, D.C. 20460.

EPA's Draft Guidance for Implementing the Methylmercury Water Quality Criterion is available at http://www.epa.gov/waterscience/criteria/methylmercury/guidance-draft.html.

By Amena H. Saiyid