Member Pipeline - Regulatory - Alert (RA 00-3)
To:
Members & Affiliates
From:
National Office
Date:
January 24, 2000
Subject:
Status of EPA Nutrient Criteria Development
Reference:
RA 00-3
AMSA Debates Science of Nutrient Criteria with EPA
On January 5, 2000, AMSA's Nutrients Workgroup met with officials at the U.S. Environmental Protection Agency (EPA) Office of Science and Technology to formally present the Association's concerns with EPA's fast-track development of national nutrient criteria. During the meeting, the workgroup highlighted the potential problems with the criteria development approach presented in EPA's two draft nutrient technical guidance documents. The documents are being developed as part of a nationwide EPA nutrient control strategy which mandates adoption of numeric nutrient criteria in state water quality standards by 2003.Workgroup members stressed that EPA's approach to developing criteria for nutrients will produce nutrient criteria which are not adequately linked to aquatic life or other beneficial uses. EPA has relied on the use of an empirical approach to develop total nitrogen (TN) and total phosphorus (TP) criteria by selecting a percentile in the frequency distribution of TN and TP concentrations from waterbodies of a similar ecological region and class irregardless of an established relationship between nutrients and algal biomass or biological health. Further, it is proposed that States develop rules requiring waterbodies to meet both TP and TN criteria regardless of whether the criteria for response variables (notably algal biomass) are met. AMSA stressed that nutrient criteria, as proposed, are disconnected from measurements of actual impairment. AMSA also emphasized that the methodologies for developing other water quality criteria and sediment guidelines have significantly stronger scientific justification than those being developed for nutrients.
To address the scientific uncertainties, two alternative approaches have been suggested by AMSA. The first is to use nutrient concentrations, chlorophyll, and other water quality measurements as a screening tool to identify river stream segments that may require more detailed evaluations. A report prepared by Wisconsin's Phosphorus Technical Workgroup in October 1997 was presented to EPA as one model for this type of approach. The second alternative suggested is that EPA develop criteria more directly tied to
impairments that are being protected (i.e. response variables such as: dissolved oxygen, chlorophyll, incidence of algal blooms, periphyton growth, measured biological criteria).
AMSA plans to continue its discussions and promote alternative approaches with EPA as it moves forward with criteria development. EPA will provide a 60-day public comment period on the draft guidance documents upon notice in the Federal Register in late January 2000 for the lakes/reservoirs guidance and in February 2000 for the rivers/streams guidance. EPA also plans to publish 17 target criteria ranges for nutrients this summer. Eight of these target criteria ranges will be published for lakes/reservoirs, and another eight for rivers/streams. Each of the criteria ranges will represent one ecoregion delineation (e.g., South Central Cultivated Plains, Xeric West, etc.). One target nutrient criteria range will be published for wetlands (Florida Everglades). These target ranges are envisioned as guidelines for states in developing their own nutrient criteria. EPA will be requesting additional data or information to supplement proposed target ranges.
In a November 19, 1999 letter to EPA Assistant Administrator for Water Chuck Fox, AMSA urged EPA to reevaluate its proposed approach to setting numeric nutrient criteria and requested a formal public comment period on the draft criteria guidance (see attached). On December 27, 1999, EPA's Office of Science and Technology Director, Geoff Grubbs transmitted a response to AMSA concerns (see attached). In his letter, Grubbs states the Agency's current belief that the “fundamental process for developing nutrient criteria is sound.” In followup discussions, AMSA will continue to emphasize the scientific uncertainties in EPA's approach, and the need to allow States to adopt alternative approaches.
If you have any questions regarding EPA's development of nutrient criteria, please contact Bob Cantilli, EPA at 202/260-5546 or visit EPA's website at http://www.epa.gov/ost/standards/nutrient.cfml. If you have questions concerning AMSA's activities or would like to become involved in AMSA's Nutrients Workgroup, please contact Mark Hoeke, AMSA 202/833-9106 or mhoeke@amsa-cleanwater.org.
Attachments:
November 19, 1999 Letter to J. Charles Fox (PDF Format) December 27, 1999 Letter to Ken Kirk (PDF Format) January 21, 2000 Letter to Geoff Grubbs (PDF Format) For these downloadable files, you must have the Acrobat Reader. If you don't have the Acrobat Reader, click on the icon below to download a copy. After you download and install a copy, return to this page and click on the links above for the downloadable files.
