Member Pipeline - Regulatory - Alert (RA 00-22)
To: Members & Affiliates From: National Office Date: November 27, 2000 Subject: EPA Guidance on Fish and Shellfish Advisories in 303(d) Listing Reference: RA 00-22 The U.S. Environmental Protection Agency (EPA) issued on October 24, 2000, new guidance on using fish and shellfish consumption advisories to list impaired waterbodies under section 303(d) of the Clean Water Act. The guidance also addresses using certain shellfish growing area classifications in determining attainment of water quality standards.
In the policy, EPA states its belief that fish and shellfish consumption advisories and certain shellfish growing area classifications based on waterbody specific information demonstrate impairment of CWA section 101(a) "fishable" uses. While AMSA and others have argued that numeric water quality standards are designed to protect human health, EPA recommends that States translate the applicable narrative criteria on a site-specific basis or adopt site-specific criteria to account for higher than expected exposures from contaminated fish or shellfish tissue and protect designated uses.
In the policy, EPA acknowledges that the Clean Water Act (CWA) does not explicitly direct the use of fish and shellfish consumption advisories to determine attainment of water quality standards, however, EPA cites is own regulations which require the use of all existing and readily available data when identifying impaired waters. In addition to listing waters based on a fish advisory, EPA also suggests that common migratory waters of the monitored species also be listed. AMSA has argued both in its Evaluating TMDLs . . . Protecting a POTW’s Rights publication and in comments on proposed TMDLs that it is inappropriate for EPA or a State to interpret a narrative water quality standard using fish consumption guidelines without the use of a promulgated water quality criteria or translation method.
A copy of the guidance is attached. The guidance plus the two accompanying flow charts may be viewed on the internet at: www.epa.gov/ost/library/wqstandards/shellfish.cfml.
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