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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. 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.

Status: In the fall of 1997, EPA outlined the scope of a narrowed ANPRM which will include discussions of: designated uses; biological criteria; physical and habitat criteria; toxicity criteria; sediment criteria; microbiological criteria; antidegradation; and general policies, such as mixing zones, and independent application. Publication of the ANPRM is planned for April 1998. AMSA members interested in participating in a focused review team on the proposal should contact the National Office. CONTACTS: Rob Wood, EPA 202/260-9536 or Mark Hoeke, AMSA 202/ 833-9106.

National Water Quality Monitoring Council

Background: The National Water Quality Monitoring Council was formed on recommendation by the Intergovernmental Task Force on Monitoring Water Quality (ITFM), a highly successful multi-year cooperative effort involving federal and state agencies and the private sector. ITFM's final report, "The Strategy for Improving Water-Quality Monitoring in the United States," recommends a strategy for nationwide water quality monitoring and technical monitoring improvements to support sound water quality decision making at all levels of government and in the private sector. The National Water Quality Council, which is composed of federal, state, municipal, and tribal government, environmental, manufacturing, and agricultural interest groups, as well as volunteer monitoring groups is intended to fulfill these recommendations and will review activities for monitoring the quality of fresh surface water, estuary and near-coastal water, ground water, and precipitation at local, regional, and national levels. The National Council will also provide guidance for the collection, management, and use of water-quality information.

Status: The NWQMC has now held two meetings in full Council, plus a number of workgroup meetings. Within the many concerns of the Council, it has decided to concentrate first on: compiling existing information to provide an assessment of current water quality conditions; providing access to existing information from multiple parties to support assessments; and, making recommendations for improving water quality monitoring and assessment programs. Some of the key actions in these areas include: 1) assist in the development of unified assessment of watershed conditions; 2) recommend a core set of data standards to be used by water information organizations to enable data sharing and synthesis; 3) recommend activities to more closely integrate CWA and SWDA programs; 4) recommend ways to fill national gaps in existing information (i.e., biological integrity data, stream flow, air deposition, etc.); and, 5) recommend elements of a core state monitoring program. The next meeting of the Council is scheduled for April 20-22, 1998 at the NOAA headquarters in Silver Spring, Maryland. CONTACT: Elizabeth Fellows, EPA 202/260-7062, or Mark Hoeke, AMSA 202/833-9106.

Streamlining 301(h) Waiver Renewal Requirements - Anticipated Proposed Rule

Background: EPA is proposing to amend the Clean Water Act section 301(h) regulations. This proposal is designed to streamline the renewal process for POTWs with 301(h) modified permits. Section 301(h) provides POTWs discharging to marine waters an opportunity to obtain a modification of secondary treatment requirements if they demonstrate to EPA that they comply with a number of criteria aimed at protecting the marine environment.

Status: Proposal is planned for April 1998. CONTACT: Deborah Lebow 260­6419

Freshwater Ammonia Criteria Revisions

Background: Since EPA published its water quality criteria document for ammonia in freshwater, (Ambient Water Quality Criteria for Ammonia - 1984, U.S. EPA 1985a), it has issued additional information concerning aquatic life criteria for ammonia (Heber and Ballentine, 1992; U.S. EPA 1989, 1996) and there have been various studies of ammonia toxicity that could affect the freshwater criterion. The purpose of EPA's current efforts is to update U.S. EPA (1985a) and replace Heber and Ballentine (1992) and U.S. EPA (1996) by addressing various issues and assessing new data to the extent possible in a short-term effort. This short-term effort is addressing issues and data related to the Criterion Maximum Concentration (CMC), Criterion Continuous Concentration (CCC), and CCC averaging period, or the frequency of allowed exceedences. It is intended that a separate long-term effort will more completely evaluate relevant laboratory and field data, identify and conduct needed research, and replace U.S. EPA (1985a) and this latest addendum in five to ten years. A recently issued draft addendum updates the equations used in the ammonia criteria document (U.S. EPA 1985a) to address the temperature- and ph-dependence of ammonia toxicity in freshwater to take into account newer data and better approaches. A new CMC is derived based on these updated equations. Available chronic data is evaluated and used to derive a new CCC.

Status: EPA's Office of Science and Technology is in the process of updating its freshwater ammonia criteria to account for newer data, better approaches, and to address temperature and ph-dependence of ammonia toxicity. The updated procedures are reflected in a draft addendum to EPA's "Ambient Water Quality Criteria for Ammonia - 1984." A technical peer review has been completed on the draft document. EPA plans to solicit public comment via Federal Register notice in March 1998. AMSA's Water Quality Committee will review the draft document when published. CONTACT: Mark Hoeke, AMSA at 202/833-9106, or Charles Delos, EPA 202/260-7039.

Whole Effluent Toxicity

Background: On February 19, 1997 EPA released their draft whole effluent toxicity (WET) implementation strategy (distributed via Regulatory Alert RA 97-6). The draft strategy highlights five key areas of concern; four areas based on the recommendations from the SETAC Workshop and one area focusing 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) improved NPDES permits for WET; 4) enforcement; and, 5) fund research needs. In February 1996, EPA was sued by several groups, including the Western Coalition of Arid States (WESTCAS), and the Edison Electric Institute on the WET test procedures, which were promulgated on October 16, 1995. AMSA's Board of Directors did not pursue litigation on WET based on the opportunity to resolve technical and policy issues with EPA.

Status: EPA is continuing negotiations with litigants regarding WET issues. Ongoing issues which remain unresolved include: continual use of flawed WET methods, relevancy to arid streams, establishment of peer review group to review scientific concerns, and the need for MDLs or equivalent for WET. Pending resolution of ongoing litigation, EPA hopes to finalize the WET Implementation Strategy sometime in early 1998. Also, SETAC is currently working under a cooperative agreement with EPA to develop training workshops on WET. AMSA has expressed concerns to both EPA and SETAC regarding plans to limit the workshops to National and local affiliate SETAC meetings in March to June 1998. AMSA has urged that SETAC reconsider its target audience and make the course available to outside organizations, such as AMSA. CONTACT: Sam Hadeed, AMSA 202/833-4655, Margarete Heber, EPA 202/260-7144.

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 in fulfilling the requirements set forth by the 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. AMSA's Water Quality Committee prepared and submitted comments on the proposal on June 6. AMSA members had several significant concerns regarding the scope of the regulations, particularly its impact on non-fishing activities and Federal action agencies.

Status: On December 19, 1997, the NMFS published an interim final rule and request for comments on its essential fish habitat provisions of the Magnuson-Stevens Act. The regulations are effective on January 20, 1998, however NMFS is interested in receiving any additional comments prior to issuing a final rule. NMFS is particularly interested in receiving comments on those sections of the interim final rule that have been changed in response to comments and any new information not previously submitted. AMSA distributed the interim final rule via Regulatory Alert RA 98-1. EPA has extended the comment period on the interim final rule to March 19, 1998. CONTACT: Lee Crockett, NMFS 301/713­2325 or Mark Hoeke, AMSA 202/833-9106.

EPA Revising Approach to Method Quantitation Levels

Background: In March 1994, EPA released a draft policy, titled "National Guidance for the Permitting, Monitoring, and Enforcement of Water Quality-based Effluent Limitations Set Below Analytical Detection/Quantification Levels." The guidance proposed a methodology to assign a compliance level at 3.18 times the method detection limit (MDL) for a given pollutant, called the minimum level (ML). The methodology has been criticized by industry groups due to concerns that the methodology yields inconsistent results and inequality in compliance decisions. AMSA submitted its own concerns in a letter dated August 12, 1996 to EPA which discussed Interlaboratory vs. Intralaboratory MDLs/MLs; ML Definition; and, State Flexibility.

Status: EPA has formally dropped plans to use a multiple of the MDL as the method to derive the ML for assessing compliance at analytical levels below detection. EPA plans to formulate a new approach based on statistical procedures in early 1998. CONTACT: Bill Telliard, EPA at 202/260-7134.

EPA BEACH Program

Background: On May 23, 1997, the Administrator announced a new program to reduce the potential public health risk of getting infectious diseases from swimming or playing in contaminated beach water at the nation's lakes, rivers and oceans. Through the Beaches Environmental Assessment, Closure and Health Program, (BEACH Program), EPA will work with State, Tribal and local governments to ensure effective beach monitoring and advisory programs.

Status: EPA held the first National Conference on Beach Health on October 15-16, 1997, co-sponsored with ASTHO (the Association of State and Territorial Health Officials), to discuss the key issues, technical needs, and programs around the country. Three members of AMSA were invited and participated in the conference. Based on this conference, EPA will develop a work plan for the BEACH Program. State and local government stakeholders and environmental organizations represented at the conference agreed that there is a need for a national program to help coordinate technical and policy direction for states and locals. They expressed support for EPA's proposed BEACH program and highlighted a wide variety of needs. These included the following comments:

EPA has posted a new web site ("http://www.epa.gov/OST/beaches") with beach closing information, a guide for beach goers, the BEACH Program document ,and a public information brochure. EPA has initiated an information collection process to obtain data on all beaches throughout the country. During 1998, EPA will collect beach closure information from selected areas of the country. This multi-year process will eventually be compiled into a publicly-accessible database and made available to the public. EPA is also working on a research plan for improved indicators, methods, and criteria. CONTACT: Rick Hoffman, EPA 202/260-0642 or Mark Hoeke, AMSA 202/833-9106.

AMSA's Summer Conference to Focus on Water Quality Criteria & Standards

AMSA's Board of Directors has approved a proposal to focus on water quality criteria and standards issues for AMSA's 1998 Summer Conference to be held in Colorado Springs on July 14-17, 1998. The conference, titled, "Water Quality Criteria and Standards.... Facing Challenges, Making Choices," will highlight EPA's upcoming Advanced Notice of Proposed Rulemaking and will discuss policy and implementation issues associated with water quality criteria & standards development, implementation, permitting, and enforcement. AMSA's Water Quality Committee will be developing a detailed topic agenda for the meeting in March. CONTACT: Mark Hoeke, AMSA 202/833-9106.