Water Quality Issues
EPA's Water Quality Standards Regulation Revision Process - Advanced Notice of Proposed Rulemaking
Background: 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.
Great Lakes Water Quality Guidance - Revisions to PCB Criteria for Protection of Human Health and Wildlife - Final Rule
On March 12, 1997 EPA published in the Federal Register final revisions to the polychlorinated biphenyl criteria for human health and wildlife for the final Water Quality Guidance for the Great Lakes System. The final revisions are limited to the method for calculating a composite baseline bioaccumulation factor (BAF) for PCBs and the method for calculating a composite octanol-water partition coefficient (Kow) for PCBs. After reviewing all public comments, EPA concluded that the approach it proposed in October 1996 for calculating a composite Kow for PCBs would be preferable to the approach used in the 1995 Guidance because it would more appropriately relate the concentrations of the PCB cogeners in tissue to the concentrations of the PCB cogeners in water. Consequently, EPA revised the human health cancer criterion for PCBs from 3.9E-6 ug/l to 6.7E-6 ug/l, and the wildlife criterion for PCBs from
7.4E-6 ug/l to 1.2E-4 ug/l. CONTACT: Mark Morris, EPA 202/260-0312.
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.
Streamlining Water Quality Planning & Management (40 CFR Part 130) - Pre-Rule Stage
Background: Under CWA Section 303(d) states are required to identify waters in which technology-based effluent limitations are not sufficient to meet water quality-based standards, and requires states to develop Total Maximum Daily Loads (TMDLs) for these waters which will ensure that applicable water quality standards are met. Current regulations require States to submit their list of waters requiring TMDLs to the EPA every 2 years. This action will revise existing regulations to require States to submit their 303(d) list of waters still requiring TMDLs to EPA every 5 years rather than every 2 years.
Status: The proposed rulemaking is scheduled for publication in June 1997 and will also announce the availability of supplemental TMDL guidance which will clarify the definition of a TMDL. CONTACT: Mimi Daniel, EPA 202/ 260-2897.
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. EPA has extended the stakeholder comment period to April 30, 1997. CONTACT: Sam Hadeed, AMSA 202/833-4655.
EPA's Contaminated Sediment Inventories - Site Inventory and Point Source Inventory
Background: EPA's Office of Science & Technology (OST) released in mid-August 1996 a draft contaminated sediment site inventory for public comment. "The National Sediment Quality Survey: A Report to Congress on the Extent and Severity of Sediment Contamination in Surface Waters of the United States" was distributed to EPA regional officials in January 1996. The draft site inventory includes an analysis of point sources of sediment contamination compiled from Permit Compliance System (PCS) , Toxic Release Inventory (TRI) , toxicity, fate, and exposure data. Release of "Contaminated Sediment Point Source Inventory" was delayed by EPA in December 1995, to address concerns of industry groups regarding how nonpoint and air deposition sources contribute to sediment contamination levels. Incorporation of the point source data into the site inventory apparently attempted to resolve these concerns and concerns of various environmental groups regarding delays in the release of the point source inventory.
Status: EPA intends to submit both reports to Congress after comments on the drafts are incorporated. CONTACT: Sam Hadeed, AMSA 202/833-4655.
EPA's Contaminated Sediment Management Strategy
Background: EPA is currently in the process of preparing responses to public comments on the Agency's National Sediment Strategy. The Agency strategy calls for its various program areas to rely on a common approach for assessing sediment contamination and to develop programs to address contamination sources within their purview. The issue of how sediment quality criteria will be used is expected to be a critical aspect of the review. As part of the strategy, a sediment quality criteria user guide is under development. The Office of Water will address the standards-to-permits process and will describe whether triennial reviews will be conducted for sediment quality criteria, how to handle total maximum daily load allocations, and other issues regarding sediments and water.
Status: AMSA will distribute the final strategy to the membership via Regulatory Alert when available. CONTACT: Sam Hadeed, AMSA (202) 833-4655, or Tom Armitage, EPA 202/260-5388.
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: Atlanta, GA (March 1997); Boston, MA (August 1997); and, Dallas, TX (Fall 1997). CONTACT: Dan Weese, EPA 202/260-6809.
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 waterbodies 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 waterbody 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.