Water Quality Issues
EPA's Water Quality Standards Regulation Revision Process - Advanced Notice of Proposed RulemakingBackground: EPA is seeking through an advance notice of proposed rulemaking (ANPRM), views and recommendations on possible revisions to the Water Quality Standards regulation. The purpose of the ANPRM is to serve as a regulatory planning tool to identify areas within the Water Quality Standards Regulation in need of revision, explain perceived problems, and describe a range of options for revisions/additions to the regulation. EPA believes that a comprehensive review of the Water Quality Standards regulation is warranted because of the renewed interest in watershed management combined with improved methods for water quality assessment. EPA released a draft ANPRM in mid-March 1996 to all interested parties for comment over a two month period ending in early May 1996. A copy of the draft ANPRM was distributed to the membership via Regulatory Alert RA 96-8 on March 13, 1996. Member comments were synthesized into a 15-page response to EPA which focused on four areas: (1) the relationship between watershed management and water quality standards, (2) resources/cost effectiveness, (3) wet weather issues, and (4) references to the Great Lakes Initiative. A number of supplemental issues for EPA consideration in the ANPRM were also provided by AMSA.
Status: The Association of State & Interstate Water Pollution Control Administrators (ASIWPCA) and the Natural Resources Defense Council (NRDC) recently sent letters to EPA in attempts to derail the ANPRM process. NRDC's January 17 letter even requested that EPA discontinue the process entirely. On February 12, AMSA sent a letter to EPA's Assistant Administrator for Water, Bob Perciasepe, reinforcing our support for a comprehensive review of the ANPRM as an essential mechanism for EPA to extract broad stakeholder input on water quality issues in critical need of reform. Member agencies are urged to express similar concerns to Perciasepe as soon as possible (See Regulatory Alert 97-4). EPA is currently considering options on how to proceed based on recent stakeholder input. Some form of the ANPRM is tentatively scheduled for publication in the Federal Register in Spring 1997. CONTACTS: Rob Wood, EPA 202/260-9536 or Sam Hadeed, AMSA 202/ 833-4655.
Streamlining Approval of Modified and New Analytical Test Procedures - Proposed Rule
Background: On March 28, 1997 EPA published in the Federal Register a proposed rule to streamline the process for EPA approval of analytical methods used to monitor compliance under both the Clean Water Act and Safe Drinking Water Act (40 CFR Part 136.4 and 136.5, and 40 CFR Part 141.27). Under the proposal, EPA will increase flexibility in the approval process by allowing analysts to modify methods without obtaining EPA approval. Analysts would only need to demonstrate and document that the modified method procedure produces results equal or superior to results produced by an EPA-designated reference method. A designated reference method that contains quality control acceptance criteria against which the performance of a method modification could be measured would be the primary control to ensure data quality.
Status: Comments on the proposed rule are being accepted until June 26, 1997. CONTACT: Dr. Richard Reding, EPA Office of Ground Water and Drinking Water, 513/569-7961.
Whole Effluent Toxicity Test Procedures For Measuring Chronic Estuarine/Marine Toxicity 40 CFR Part 136 - Anticipated Proposed Rule
Background: EPA will propose amendments to 40 CFR Part 136 by adding procedures for the analysis of pollutants under section 304(h) of the Clean Water Act. This list of approved biological test methods would be amended by adding methods for measuring chronic toxicity in estuarine and marine species exposed to pollutants in effluents and receiving waters. EPA's final October 16, 1995 final rule on "Whole Effluent Toxicity (WET): Guidelines Establishing Test Procedures for the Analysis of Pollutants," did not include applicable methods for measuring marine chronic toxicity in discharges to marine waters of the Pacific Ocean.
Status: EPA has delayed issuance of a notice of proposed rulemaking until Spring 1997. CONTACT: Debra Denton, EPA Region IX 415/744-1919.
EPA Methods For Determination of Trace Metals 40 CFR Part 136 - Anticipated Proposed Rule
Background: EPA is planning to propose amendments to the "Guidelines Establishing Test Procedures for the Analysis of Pollutants" under 40 CFR Part 136 to approve new EPA methods for the determination of trace metals at EPA's water quality criteria levels. Current methods were designed to measure pollutant levels at technology-based concentrations. Because these levels can be up to 280 times greater than water-quality based criteria for metals, approval of new EPA test procedures is necessary.
Status: EPA has delayed issuance of a notice of proposed rulemaking until late 1997. CONTACT: William Telliard, EPA 202/260-7134.
Potential Revisions to EPA's Procedure for Deriving Aquatic Life Criteria
Background: EPA is revising the procedure it uses for deriving chemical-specific water quality criteria protective of aquatic life. Some concepts under consideration have not been explicit parts of previous criteria derivation procedures. These include the kinetic-based modeling of toxicity resulting from time-variable concentrations, coupled with considerations of population decline and recovery, evaluated from a whole-assemblage, long-term perspective.
Status: EPA hopes to propose revisions to it methodologies sometime in the Fall of 1997. CONTACT: Sam Hadeed, AMSA 202/833-4655 or Charles Delos, EPA 202/260-7039.
EPA Releases Draft WET Implementation Strategy
Background: On September 24-26, 1996 EPA held a post-Pellston stakeholders' meeting for reviewing WET implementation issues. The stakeholders' meeting is part of a series of initiatives designed by the EPA, in collaboration with AMSA and others, to make any appropriate "mid-course" adjustments reflecting the science underlying WET, as well as to better support ongoing WET implementation. The meeting drew over 150 participants from EPA, POTWs, industry, academia, and consultants who were charged with developing a series of options for EPA to consider on WET implementation. Breakout sessions addressed issues relating to water quality criteria/standards, exposure assumption, NPDES permits, and compliance and enforcement. EPA will take the options from each of the breakout sessions and determine which ones can be implemented in the short term via policy, guidance, and any requisite training/outreach for permit writers and the regulated community (preferred EPA approach), and those which require regulatory changes. AMSA recently forwarded to EPA a copy of a proposed approach to implement a tiered narrative compliance program.
Status: On February 19, EPA released their draft whole effluent toxicity (WET) implementation strategy (distributed via Regulatory Alert RA 97-6). The strategy was developed in response to the findings and recommendations from the September 1995 Society of Environmental Toxicology and Chemistry (SETAC) WET Pellston Workshop, the September 1996 WET Stakeholders Implementation Meeting, and recommendations of EPA staff. The strategy is part of EPA's commitment to make "mid-course" corrections to the existing program that the Agency believes is scientifically sound. The draft strategy highlights five key areas of concern; four areas based on the recommendations from the SETAC Workshop and one area focussing on EPA research. The five areas include: 1) National WET Outreach and Training Program; 2) Continue to encourage the development of water quality criteria & standards based on good science; 3) Write better NPDES permits for WET; 4) Enforcement; and, 5) Fund research needs. EPA is seeking comment on these five areas and their proposals to address each issue. Comments from numerous member agencies were compiled and transmitted to EPA prior to the April 30 deadline. AMSA members expressed concern with several areas of the draft strategy including: (1) its proposal to continue with existing enforcement policies, despite overwhelming support of the concept of using test results to trigger real solutions to environmental problems, (2) language which merely holds out, in very general terms, the prospect of future program adjustments--adjustments which may eventually be rejected or ignored in practice, and (3) inaccurate reflection of the conclusions reached at the September Stakeholder Meeting. AMSA believes that EPA is misinterpreting the Pellston Workshop conclusions, as the workshop never confirmed that the existing WET program is scientifically sound, and is unfairly and inaccurately representing consensus of the workshop attendees. AMSA also expressed concern that EPA continues to frame WET implementation primarily in terms of permit limits. AMSA is also opposing EPA's proposal to address the WET issue of independent applicability to solely within the context of the ANPRM to revise the water quality standards regulation, due to a concern that it will put it on a slower track than if it were addressed with the context of WET implementation. AMSA's Water Quality Committee leadership and National Office plan to meet with EPA during the National Environmental Policy Forum in May to discuss opportunities to address these concerns and develop a list of priority issues. CONTACT: Sam Hadeed, AMSA 202/833-4655.
EPA Preparing Final Draft of "National Guidance for the Permitting, Monitoring, and Enforcement of Water Quality-based Effluent Limitations Set Below Analytical Detection/Quantification Levels"
Background: EPA is currently revising the guidance document and expects to issue the guidance in 1997. AMSA submitted a letter on August 12, 1996 to EPA which discussed AMSA's issues on concern on the guidance document. The key issues focus on: Interlaboratory vs. Intra laboratory MDLs/MLs; ML Definition; and, State Flexibility.
Status: AMSA's Water Quality Committee leadership discussed this issue in detail with EPA management in late January. EPA plans to reissue the guidance for review by Summer 1997. CONTACT: Bill Telliard, EPA at 202/260-
7134.Related Items of Interest
EPA is planning three Whole Effluent Toxicity (WET) Training courses for 1997. The course is designed to provide participants with an introduction to WET methods and test procedures for incorporating WET requirements in NPDES permits. Locations targeted for upcoming WET training courses in 1997 are as follows: Boston, MA (August 1997); and, Dallas, TX (Fall 1997). CONTACT: Dan Weese, EPA 202/260-6809.
EPA's Office of Water is scheduled to hold a national conference on July 21-24, 1997 in Providence, Rhode Island on water quality permitting Topics to be discussed include: Whole Effluent Toxicity (WET) Implementation, Metals Criteria Implementation, NPDES in the 21st Century, Implementing Water Quality Standards in Wet Weather NPDES Permits, Changes in the Water Quality Criteria and Standards Program, and Total Maximum Daily Loads (TMDLs). Anyone interested in the water quality-based permitting process is welcome to attend. CONTACT: Greg Currey, EPA (202) 260-1718.
EPA's Office of Water recently announced a meeting and request for potential presentation of abstracts on the "Development and Implementation of Tools for Water Quality-Based Pollution Control." The objective of the meeting, scheduled for August 25-28 in St. Louis, MO, is to provide an exchange of scientific, technical and policy information on water quality standards, water quality criteria and water quality-based permitting. The meeting will be comprised of discussions of water quality issues and implementation tools for different types of water bodies and watersheds. EPA is interested in presentations on implementation tools including use attainability analyses, biological criteria, and TMDL implementation, with emphasis on case study material applied to one or more of the featured water body or watershed types. Abstracts are due to EPA by April 30, 1997. CONTACTS: Alisha Chesley, EPA 202/260-1302; Larry Shepard, EPA 913/551-7441; or Frances Desselle, EPA 202/260-1320.
EPA will hold a Water Quality Standards Academy in Washington, DC, on July 28-August 1, 1997. The Academy is a basic introductory course designed for those with fewer than six months of experience with the water quality standards and criteria programs. The course will cover all aspects of the water quality standards and criteria program, including the interpretation and application of water quality standards regulation; policies and program guidance; the development of water quality criteria; and all other facets of the program. Attendance for the course is free, but you must apply by June 20, 1997 to attend. CONTACT: Kate Belmont, EPA 703/931-4604.