Member Pipeline - Regulatory - Alert (RA 99-1)
To:
Members, Affiliates, & Air Quality Committee
From:
National Office
Date:
January 20, 1999
Subject:
DRAFT ENDANGERED SPECIES ACT AGREEMENT
Reference:
RA 99-1
ACTION PLEASE BY: February 28,1999
On January 15, 1999, the Environmental Protection Agency (EPA), Fish and Wildlife Service and National Marine Fisheries Service (the Services) published for public comment a draft Memorandum of Agreement (MOA) describing procedures for enhancing coordination regarding the protection of endangered and threatened species under section 7 of the Endangered Species Act (ESA) and the Clean Water Act's Water Quality Standards and National Pollutant Discharge Elimination System (NPDES) programs. The MOA addresses five key areas, including:
- Procedures for interagency coordination and elevation to resolve disputes between EPA and the Services;
- Planned national level activities to ensure protection of species, including revisions to the water quality standards regulation and a national consultation on EPA's existing 45 water quality criteria for the protection of aquatic life;
- Development of a joint national research and data gathering plan and priorities;
- Guidance regarding review and approval of state and tribal water quality standards;
- A framework for EPA and the Services to coordinate with regard to issuance of State or EPA-issued NPDES permits and plans to conduct a national consultation on the NPDES permitting program.
The Services, within the framework of the MOA, and in recent discussions regarding the California Toxics Rule (CTR), have positioned their agencies for a greater role in the water quality standards program within the authorities of the Endangered Species Act. In discussions concerning both the MOA and the CTR, the Services have taken direct issue with the ability of EPA's water quality criteria to protect threatened and endangered species.
AMSA has taken the position that EPA and the Services need to work together to ensure endangered species and critical habitat are protected. However, AMSA has emphasized that the use of good, quality-assured and peer-reviewed data in decision-making is paramount and that the Service's recommended actions to protect endangered species and critical habitat are both technically and financially feasible, and reflect state-of-the-art knowledge.
EPA has already highlighted the key role that the Services will play in the water quality standards program in recent discussions with AMSA regarding mercury wildlife criteria for the Great Lakes. While AMSA's Mercury Workgroup presented a case to modify outdated methodologies in mercury criteria development, EPA repeatedly emphasized the need to perform consultations with the Services on the revision of criteria and alluded to consultations the regarding development of site-specific criteria. EPA will be attending AMSA's Water Quality Committee meeting on February 3 in Phoenix to provide an overview of the MOA, and highlight next steps for the Agency and the Services.
As a major stakeholder in the water quality standards program, AMSA would like to provide feedback to the Agency concerning the draft MOA. If you are interested in providing comment, please send your comments to Mark Hoeke, AMSA at mhoeke@amsa-cleanwater.org or fax at: 202/833-4657 no later than February 26, 1999. Please provide specific examples of ESA issues affecting your plant operations or discharge requirements, if applicable.
Attached for your reference is a summary of the draft MOA, and the full January 15, 1999 Federal Register notice.
ATTACHMENTS:
- Summary of January 15, 1999 Draft Memorandum of Agreement (please contact AMSA's National Office at 202/833-AMSA for a copy of this document)
- 1/15/99 Federal Register Notice Draft Memorandum of Agreement Between EPA, Fish and Wildlife Services, and National Marine Fisheries Service