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Coastal, Great Lakes States Adopt Criteria For Disease-Causing Pathogens, EPA Says

The Environmental Protection Agency announced Nov. 21 that all coastal and Great Lakes states and territories have adopted water quality criteria to protect swimmers against disease-causing pathogens.

By the end of 2004, EPA said 35 coastal and Great Lakes states and territories that fall under the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act; Pub. L. 106-284) had adopted the agency's 1986 recreational criteria for enterococci or Escherichia coli (E. coli). In 1997, only 11 of these states had adopted these criteria.

The presence of enterococci and E. coli is indicative of the extent of fecal contamination in water.

EPA released the finding as part of its first Report to Congress: Implementing the Beach Act of 2000 on the progress it and affected states have made since enactment of the act.

The BEACH Act directed coastal and Great Lakes states to adopt for their coastal recreation waters, by April 10, 2004, water quality criteria for pathogens or pathogen indicators as protective of human health as EPA's 1986 water quality criteria for bacteria. The BEACH Act also required EPA to propose and promulgate such standards for states that did not do so.

Benjamin Grumbles, EPA's assistant administrator for water, told BNA Nov. 21 the report shows that water quality has improved in some states, but challenges still remain.

Advances in detection techniques have armed states with tools to improve detection of fecal contamination at low levels and in shorter periods of time. Consequently, more states are finding fecal contamination levels today at levels that are triggering beach advisories and closings more frequently than in the past.

"The more you know, the more you find," Grumbles acknowledged.

The report shows that more than 3,500 out of roughly 6,000 beaches were monitored during the 2004 swimming season, compared with about 1,000 in 1997.


NRDC Lawsuit to Proceed

Grumbles said EPA remains committed to providing funds and tools to states that would enable them to be proactive in monitoring beaches and protecting public health. He emphasized that the report shows EPA has disbursed $52 million to develop beach monitoring and notification programs. In addition, EPA has improved public access to data on beach advisories and closings by improving its electronic beach data collection system, known as eBeaches.
The Natural Resources Defense Council (NRDC) seemed to remain unimpressed with EPA's efforts. The environmental advocacy group is pursuing its lawsuit against EPA for continuing to rely on 20-year-old criteria for bacteria. The NRDC is claiming that EPA violated the BEACH Act by failing to issue revised water quality criteria for bacteria by the congressionally mandated deadline of October 2005 and making states use "obsolete" water quality criteria for bacteria to set standards (Natural Resources Defense Council v. Johnson, C.D. Cal., No. 06-cv-4843, 8/03/06).

Likewise, the National Association of Clean Water Agencies will be the supporting NRDC lawsuit against EPA. Alexandra Dunn, NACWA's general counsel, confirmed Nov. 22 that the national wastewater utility group intends to file its petition in the week following Thanksgiving (192 DEN A-2, 10/4/06 ).

EPA's Report to Congress: Implementing the Beach Act of 2000, is available at http://www.epa.gov/waterscience/beaches/report/.

By Amena H. Saiyid