To:
Members, Affiliates, and Water Quality Committee
From:
National Office
Date:
July 29, 1998
Reference:
RA 98-16
Action Please By:
August 20, 1998
EPA recently agreed to settle the lawsuit filed against their whole effluent toxicity (WET) test methods. Settlement came as the direct result of new evidence which indicates that the true rate of false positives is nearly 40%. AMSA’s Water Quality Committee received a detailed briefing on the new data in May at AMSA’s 1998 National Environmental Policy Forum. Another summary was presented to the general AMSA membership at AMSA’s 1998 Summer Conference earlier this month. Request To Sponsor Whole Effluent Toxicity Interlab Studies
A key provision of the settlement requires EPA to conduct new studies of interlaboratory precision and accuracy. In the agreement, EPA must submit split samples to at least nine labs. EPA will pay all costs associated with tests performed at the nine labs. EPA is also obligated to allow more labs to participate in the study if the analytical costs are paid by sponsors.
For the first time, EPA must evaluate both reference toxicants and method blanks. And, the Agency must submit all test results to a national peer review board prior to re-promulgating the WET methods.
In order to demonstrate the adverse impact of test variability on permit compliance, it is absolutely essential to maximize the number of labs participating in the study. The most cost-effective way to expand the data pool is for each AMSA member to sponsor their own bioassay lab. Ideally, all AMSA agencies will agree to pay the analytical costs for each specific test presently required in their NPDES permits.
EPA intends to send three blind samples, to each lab, for each test series. Sponsors are not required to sign-up for every species/protocol. So, for example, an AMSA member may elect to sponsor only the costs of evaluating the chronic Ceriodaphnia method. Three chronic Ceriodaphnia tests would cost approximately $3,600 ($1,200 each). Or, the member may elect to sponsor evaluations of chronic and acute methods on Fathead minnows, Ceriodaphnia dubia and Selanastrum Capricornutum (algae). Such a commitment would cost approximately $10,000. Many of the marine methods will also be re-evaluated and are available for sponsorship.
At this time, we expect that all test costs will be billed directly from the bioassay lab to the sponsoring AMSA member. It will not be necessary to send a check to EPA. This will make it easier for most members to cover the costs of participation from existing operating budgets using existing service contracts.
AMSA members have fought long and hard on the issue of WET testing, and now, after more than ten years, AMSA members can influence the course of regulation directly. We have an unprecedented opportunity to fix the problems with the WET test. Plus, the expense to each AMSA member is relatively low, often less than half the cost of just one unnecessary TIE/TRE resulting from a single false positive.
Attached is a form to indicate your commitment. Time is of the essence. The settlement document only gives us 30 days to submit a list of sponsors to EPA. Please fax the attached form, by Thursday, August 20th, to Tim Moore with Risk Sciences at 615/370-5188. For more information, please contact Tim at 615/370-1655, or 1417 Plymouth Drive, Brentwood, TN 37027, or visit http://www.toxicity.com.
ATTACHMENT: Commitment Form