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Clean Water Advocacy - Newsroom - AMSA in the News

Dischargers Advised to Provide Regulators
With Technical Help in Developing Criteria

OSTON--Municipal and industrial dischargers should work with state and federal regulators to contribute technical resources in order to ensure that water quality criteria for nutrients are more technically sound, wastewater treatment officials said July 18.
Most states are experiencing severe financial difficulties, meaning budgets for water quality programs are being cut, David Taylor, director of special projects for the Madison, Wis., Metropolitan Sewerage District, said. While 30 states have developed nutrient criteria plans, others are still in the process, he said.

He spoke at an Association of Metropolitan Sewerage Agencies conference that focused on emerging pollutants.

States must develop nutrient criteria and incorporate them into their water quality standards by the end of 2004, according to EPA.

Several treatment officials questioned the scientific bases being used by some states and interstate groups to develop nutrient criteria and said not all the factors affecting the watershed are being considered.

For example, Norman LeBlanc, director of technical services for the Hampton Roads Sanitation District, said the Environmental Protection Agency is focusing too much on nutrient control in the Chesapeake Bay as a way to address water quality problems. Other important factors affecting the water quality are the declining oyster population, which LeBlanc said has been poorly managed, and the decreasing numbers of menhaden, a fish that, like the oyster, is a good filter feeder.

He has been a frequent critic of the efforts to control nutrients in the Chesapeake Bay, saying recently the science used by EPA to develop "reference conditions" upon which the criteria documents are based is "abhorrent."

Some advocacy groups argue that the shellfish population is hurting because of declining amounts of submerged aquatic vegetation, a result of excess nutrient loads.

In 2000, the Chesapeake Executive Council, consisting of the states in the bay's watershed, EPA, and the Chesapeake Bay Commission, signed an agreement outlining how it will restore the bay by 2010. The primary strategy of achieving the water quality goals is to reduce loadings of nutrients and sediments, according to information from the EPA Chesapeake Bay Program. Under the strategy, the states surrounding the bay agree to cut nitrogen pollution by 110 million pounds per year by 2010.

Clyde Wilbur, a principal engineer with the firm Greeley and Hanson, in Upper Marlboro, Md., who works with POTWs, said the 2010 goal would be difficult to meet because "it will take 10 to 20 years to address sediment transport," one of the major problems affecting the bay.

The Chesapeake Bay Foundation, an environmental group, said agriculture contributes the largest amount of nutrients to the bay and must reduce its loadings by half 50 percent to meet the 2010 goal. Wastewater treatment plants are another significant contributor, the group said.

EPA issued nutrient criteria guidance in 2001 pertaining to estuaries and coastal waters. Guidance was also published for other types of waterbodies and for different "ecoregions." The guidance for estuaries and coastal waters set numeric limits for total phosphorus and total nitrogen as well as response variables that consider algal biomass and water clarity.


Oxygen Levels, Water Clarity

Clifton Bell, an engineer with the firm Malcolm Pirnie in Newport News, Va., said nitrogen and phosphorus are "the wrong causal variables" to use to gauge restoration efforts. Better indicators, he said, are dissolved oxygen levels and water clarity, two variables the EPA guidance said could be considered. EPA also wanted to add measures of chlorophyll a as another variable for the bay, Bell said.
Criteria were originally developed for dissolved oxygen that Bell said were unachievable, as originally set. Wastewater utility groups in Maryland and Virginia began working with the states and EPA to come up with a set of four designated uses for the bay that vary according to location and depth. The uses are migratory spawning areas, shallow water habitat, open water habitat, and deep water habitat, all of which address different types of aquatic life and require different acceptable levels of dissolved oxygen.

Dissolved oxygen levels in the deepest channel of the bay have historically been low and can never be brought to the higher levels in the shallower waters, Bell said.

"The waters John Smith sailed over were pretty low in oxygen," he said.

Criteria were also set for clarity at levels to protect aquatic grasses, he said. These criteria establish different percentages of light that must be available depending on whether the area is in freshwater or salt water. Setting criteria for chlorophyll a is more difficult, Bell said, because of the difficulty in linking levels of chlorophyll a to a designated use. One problem, he said, was that as levels of chlorophyll a increase, so do the harmful algae, such as the blue and green algae. However, increasing chlorophyll a further will then produce a decline in these algae.

EPA and the states decided it would be more prudent to establish a narrative criteria for chlorophyll a that was tied to clarity and dissolved oxygen levels, Bell said.

The water quality criteria developed for the bay were set at more reasonable levels, he said, in part because of the technical assistance provided by the dischargers.


Chesapeake Bay Compact

Wilbur said a restoration plan agreed upon in June by the Chesapeake Bay Compact, composed of officials from the surrounding states, is expected to cost $1.3 billion annually. The pollution reductions will come from a mix of controls affecting both nonpoint and point sources with the greatest amount of reductions needed from the tributaries at top of the bay, including those flowing in from New York and Pennsylvania.
Different tiers representing varying levels of control on multiple types of sources were proposed. For example, different levels of control would be imposed on septic systems. In one scenario, it would be required that 15 percent of the septic systems would have to be hooked up to a wastewater treatment plant, Wilbur said.

Wilbur referred to the most stringent tier of controls as "E3," meaning "everybody everywhere does everything," an option so expensive that an estimate was not even developed. Most of the implementation of any of the options would most likely be borne by local governments, he said.

One of the options that would achieve the pollutant reduction goals would have cost $800 million and involved a "mixed control scenario." However, an option that generated 1 percent more in benefit and costing 50 percent more was selected, Wilbur said. This option puts more emphasis on controlling runoff from nonpoint sources, mostly through the implementation of best management practices, but also requires additional measures by point sources, he said.