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. AMSA's Water Quality Committee leadership met with EPA officials during the National Environmental Policy Forum to identify issues of primary concern with the ANPRM. The two highest priorities identified were issues relating to designated uses and water quality criteria, followed in priority by antidegradation and the need to clarify existing regulation and policy. Under the general category of uses, a recommendation was made to consolidate issues under the headings of specificity of use designations, minimum elements of a use attainability analysis and some definition of existing uses. Over the next few weeks the Committee will be requested to review the outline of issues and identify those in most need of revision. EPA plans to complete its stakeholder dialogue over the next six weeks to find common high priority issues. Some form of the ANPRM is tentatively scheduled for publication in the Federal Register in September 1997 (proposed rule 6/98, final rule 6/99). 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.
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. EPA's Urban Wet Weather Flows Advisory Committee is currently drafting a letter in support of these revisions. CONTACT: Sam Hadeed, AMSA 202/833-4655 or Charles Delos, EPA 202/260-7039.
EPA Releases Draft WET Implementation Strategy
Background: 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.
Status: 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 met with EPA officials during the National Environmental Policy Forum to discuss AMSA's concerns with the draft strategy. EPA agreed to collaborate on several key items on WET testing including: formation of a small working group of various stakeholders for developing a stepwise or tiered approach to WET permitting; involvement of AMSA in the peer review of EPA's work on WET data interpretation and statistics; opening of EPA WET training to a wider audience including AMSA members; invitation to AMSA members to submit manuscripts for a SETAC session in the fall in San Francisco on WET testing; and, collaborate with AMSA on policy decisions relating to the determination of "reasonable potential" for WET limits and the sue of WET limits for CSOs and stormwater discharges. EPA committed to follow through on these issues and will share its plans for WET implementation before the AMSA summer conference in July. CONTACT: Sam Hadeed, AMSA 202/833-4655.
Magnuson Act Provisions; Essential Fish Habitat - Proposed Rule
Background: The National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA) and the Department of Commerce issued in the April 23, 1997, Federal Register, proposed regulations containing guidelines for the description and identification of essential fish habitat (EFH) in fishery management plans (FMPs), adverse impacts on EFH, and actions to conserve and enhance EFH. The regulations would also provide a process for NMFS to coordinate and consult with Federal and state agencies on activities that may adversely affect EFH. The guidelines are required by the MagnusonStevens Fishery Conservation and Management Act (MagnusonStevens Act). The purpose of the rule is to assist Fishery Management Councils (Councils) in fulfilling the requirements set forth by the MagnusonStevens Act to amend their FMPs to describe and identify EFH, minimize adverse effects on EFH, and identify other actions to conserve and enhance EFH. The coordination and consultation provisions would specify procedures for adequate consultation with NMFS on activities that may adversely affect EFH.
Status: The National Office distributed copies of the proposed rule to the Water Quality Committee for review. Written comments are due to EPA by June 6. CONTACT: Mark Hoeke, AMSA 202/833-9106.
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: EPA plans to reissue the guidance for review by Summer 1997. CONTACT: Bill Telliard, EPA at 202/260-7134.
Related Items of Interest
EPA's Office of Water will hold a multi-regional meeting on August 25-28, 1997, in St. Louis, Missouri, titled, "Development and Implementation of Tools for Water Quality-Based Pollution Control." The objective of the meeting 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 is open to anyone interested in water quality-based pollution control. A preliminary agenda will be soon be posted at http://www.epa.gov/OST/ or http://www.gov.OWM/. CONTACT: Liz Hiett, Tetra-Tech, Inc. 703/385-6000.
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 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.