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 June 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 is a multi-year cooperative effort involving federal, state, and local agencies and the private sector to review activities and provide guidance for improving the collection, management, and use of water-quality information. The Clean Water Action Plan has identified several activities for the Council including:
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1) In 1999, assist in the standardization of monitoring and reporting by point source dischargers to support water quality and watershed management information needs;
2) By the end of 2000, compare sampling and laboratory methods and protocols, leading to performance-based acceptable methods establish reference parameters for specific monitoring purposes; identify core environmental indicators; establish consistent use of biological metrics, and develop guidelines on quality assurance and control.
Status: The NWQMC has held three meetings in full Council, plus a number of workgroup meetings. The Council is currently developing a workplan to guide its activities. The NWQMC is sponsoring a conference on "Monitoring: Critical Foundations to Protect our Waters," on July 7-9 in Reno, Nevada (see Water Quality Related Items of Interest for more information). 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 August 1998. CONTACT: Deborah Lebow 260-6419
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 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 report has been completed. Although EPA had assured AMSA that an opportunity for full public review and comment would be sought after a technical peer review was completed, EPA plans to publish the document via Federal Register notice as an interim final rule in June 1998. On May 28, 1998, AMSA transmitted a letter to EPA recommending that the Agency proceed with its original commitment to solicit public comment on the proposed revisions of the ammonia criteria document through a proposed rule process and allow adequate time for public review and comment. 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 including:
- national WET outreach and training program;
- continue to encourage the development of water quality criteria & standards based on good science;
- improved NPDES permits for WET;
- enforcement; and,
- 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. A recent WET study sponsored by WESTCAS may provide an impetus for EPA to resolve the litigation. The study quantified the level of biological variability which is intrinsic to whole effluent toxicity test organisms and test procedures. The study attempted to determine the rate of false-positive whole effluent toxicity (WET) test results on method blank samples containing no toxicants of any kind.. Of the sixteen laboratories which participated in the study 50 percent concluded that the non-toxic sample water was toxic based on reproductive effects. The results have been used in WESTCAS settlement negotiations with EPA on WET and additional verification efforts may be conducted as a result of the study and the pending settlement agreement. AMSA members may be requested to participate in additional follow-up verification studies. Also, the Water Environment Research Foundation released a report in mid-May, sponsored by EPA, AMSA and various municipal agencies, summarizing the results of a WET regulatory and POTW Survey which evaluates the implementation effectiveness of the WET program and lists recommendations for simplifying the interpretation of WET testing data and enforcing WET limits more consistently. CONTACT: Sam Hadeed, AMSA 202/833-4655, Margarete Heber, EPA 202/260-7144.
Final Management Strategy for Contaminated Sediments Released
Background: In August 1994, EPA proposed a contaminant sediment strategy in an effort to streamline decision-making within and among EPA's program offices. EPA received comments from 126 different organizations on the proposed strategy. In comments concerning the proposal, AMSA supported the broad goals and principles of the proposed strategy to comprehensively assess, prevent, and remediate contaminated sediment. AMSA's comments also emphasized the importance of the Agency's continued interchange and joint partnership with AMSA and other organizations as the only way to assure the development and implementation of an effective strategy. AMSA's review also found that the document fails in some places to fully recognize certain scientific and economic realities of sediment management, and to go far enough in encouraging innovative approaches and more scientifically defensible compliance assurance practices such as comprehensive watershed management and weight-of-evidence tests. AMSA members were also uncertain as to whether the document is guidance or regulation.
Status: On May 6, EPA issued its final Contaminated Sediment Management Strategy, a key action item under the Clean Water Action Plan. The Strategy sets forth a work plan describing EPA's long-term approaches to assess, reduce, and prevent further risks posed by contaminated sediments in many watersheds. The strategy does not propose new regulation or discuss the cleanup of specific sites, but is a guidance document only. It describes, in general terms, approaches available to the Agency to accomplish four goals:
1) continued control of sources of sediment contamination, such as through permits;
The strategy is designed to ensure Agency-wide consistency, under a number of federal laws, in sediment testing, evaluation, research and remediation. The Contaminated Sediment Management Strategy is comprised of six component sections: assessment, prevention, remediation, dredged material management, research, and outreach. In each section, EPA describes actions that the Agency intends to take to accomplish the four broad strategic goals. In the prevention section, EPA proposes the use of acute sediment toxicity tests to support registration of chemicals under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the evaluation of chemicals under the Toxic Substances Control Act (TSCA). EPA also proposes: considering sediment contamination as a factor in determining which industries should be subject to new and revised effluent guidelines; using pollution prevention policies to reduce or eliminate sediment contamination resulting from noncompliance with permits; developing guidelines for design of new chemicals to reduce bioavailability and partitioning of toxic chemicals to sediment; and implementing point and nonpoint source controls to protect sediment quality. In the remediation section, EPA proposes using multiple statutes (CERCLA, RCRA, CWA, TSCA, the Rivers and Harbors Act, and the Oil Pollution Act), to require contaminated sediment remediation by parties responsible for pollution. EPA describes its commitment to continue to work with the Corps of Engineers in the dredged materials management section, to ensure that dredged materials are managed in an environmentally sound manner. In the research section, EPA proposes a program of investigative research that is needed to: develop and validate chemical-specific sediment criteria and other sediment assessment methods; improve EPA's understanding of the transfer of sediment contaminants through the food chain; and develop and evaluate a range of technologies for remediating contaminated sediments. The outreach section describes actions that EPA intends to take to demonstrate, through public involvement, its commitment to and accountability for sediment management efforts. EPA plans to produce, and make available to the public, status reports on sediment management activities as part of the biennial updates of the National Sediment Quality Survey Reports. These reports are an inventory of contaminated sediment sites, which EPA implemented in January 1998. The complete Contaminated Sediment Management Strategy may be obtained by calling 1-800-490-9198. It may also be viewed or downloaded from the Internet at: http://www.epa.gov/ost. CONTACT: Jane Marshall Farris, EPA 202/260-8897.
2) reducing the volume of existing contaminated sediments (consideration of remediation alternatives);
3) ensuring proper management of dredged materials; and,
4) developing scientifically sound tools, such as testing methods.
EPA Releases 1996 National Water Quality Inventory
Background: Section 305(b) of the Clean Water Act (CWA) requires that states and other jurisdictions receiving CWA grant funding submit a water quality report to EPA every 2 years. The CWA also requires that EPA analyze the state reports and transmit the results to Congress every 2 years in the National Water Quality Inventory: Report to Congress (the Report). The Report is the primary vehicle for informing Congress and the public about water quality conditions in the United states. The 1996 Report summarizes information ubmitted by 58 states, American Indian tribes, territories, Interstate Water Commissions, and the District of Columbia in their 1996 Section 305(b) reports. Most of the information is based on data collected and evaluated by the states, tribes, and other jurisdictions during 1994 and 1995. The 1996 Report contains national summary information about water quality conditions in rivers, lakes, estuaries, wetlands, coastal waters, the Great Lakes, and groundwater. The Report to Congress also contains information about public health and aquatic ecosystem concerns, water quality monitoring, and state and federal water pollution management programs.
Status: On May 22, 1998, EPA released its 1996 National Water Quality Inventory. Consistent with data reported in the 1994 inventory, 40 percent of the nation's surveyed waters are reported to remain too polluted for swimming, fishing, and other recreational activities. For rivers and streams, runoff from agricultural lands are reported as the largest source of pollution, affecting 25 percent of all surveyed river miles. The 1996 report is the result of surveys conducted by states in 1994 and 1995 of 19 percent of the nation's river miles (53 percent of perennial rivers and streams), 40 percent of lake acres, and 72 percent of estuarine square miles. A 12-page summary entitled Report Brochure: National Water Quality Inventory 1996 Report to Congress, a 197-page detailed summary entitled The Quality of Our Nation's Water: 1996 and selected chapters from the 588-page Report to Congress can be found on EPA's Office of Water website at http://www.epa.gov/305b/. Copies of the Report Brochure: National Water Quality Inventory 1996 Report to Congress (EPA 841-F-97-003) are available from the National Center for Environmental Publications and Information (NCEPI) at 1-800-490-9198. The Quality of Our Nation's Water: 1996 (EPA 841-S-97-001) and the Report to Congress (EPA 841-R-97-008). CONTACT: George Doumani, EPA 202/260-3666.
FWS and NOAA Conclude That EPA Water Quality Criteria Inadequate to Protect Endangered Species
Background: On August 5, 1997, EPA published a proposed rule for the promulgation of water quality standards for the state of California. The proposal established numeric criteria for priority toxic pollutants, and reflected the most up-to-date technical and scientific data. EPA proposed the water quality standards after a 1994 federal court ruling overturned California's water quality standards. The proposal provides for the attainment of criteria no later than ten years after final adoption. Under the Endangered Species Act, the U.S. Fish and Wildlife Service (FWS), and the National Marine Fisheries Service (NMFS), are to be consulted if a federal action, such as EPA's promulgation of water quality standards, may adversely affect endangered or threatened species. From February 1994 to October 1997, EPA, FWS and NOAA had informally attempted to resolve their differences on the proposed rule through several meetings and teleconferences. Unable to resolve their differences, the agencies initiated formal consultation in November 1997.
Status: On April 10, 1998, the FWS and NMFS issued a draft biological opinion on the California Toxics Rule (CTR) which includes findings that the proposed criteria will jeopardize the continued existence of 20 species and includes recommended reasonable and prudent alternatives be undertaken to remove the jeopardizing effects of the proposed action. In the opinion, the FWS and NMFS, question the adequacy of :
1) proposed acute and chronic selenium criteria;
The FWS and NMFS cite a significant number of published scientific literature in establishing a basis for the jeopardy opinion. Among the reasonable and prudent alternatives which have been recommended to EPA include:
2) proposed aquatic and human health criteria for mercury;
3) proposed criteria for pentachlorophenol;
4) factors used in the proposed formula based metals criteria (i.e, water effect ratio, total-to-dissolved conversion factors, and hardness dependency), and;
5) the use of translators to convert dissolved criteria into total-recoverable permit limitations.
1) reducing the chronic selenium criteria from 5 ug/l to 2 ug/l;
In addition to these recommendations, FWS and NMFS also recommend that EPA promulgate revised criteria based on bioaccumulative effects of selenium and mercury by June 2000 and perform additional review of metals formula criteria methodologies to ensure species are protected. The draft opinion may have national implications as the issue has been raised to senior water officials in EPA's Headquarters, and could ripple throughout the regional offices of EPA, FWS, and NMFS. CONTACT: Mark Hoeke, AMSA 202/833-9106
2) promulgating a total mercury criterion of 2 ng/l within the range of 8 affected specieis,
3) deferring promulgation of metals criteria on a dissolved basis, and
4) deferring approval of site-specific water effect ratios.
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. For more information on the upcoming conference, visit the Conferences & Meetings section of AMSA's web site at http://www.amsa-cleanwater.org or contact AMSA at 202/833-AMSA. Conference flyers were mailed to the membership in May. CONTACT: Mark Hoeke, AMSA 202/833-9106.
Draft Water Quality Criteria and Standards Plan
Background: In early May 1998, EPA released a fact sheet announcing an upcoming plan for enhancing and improving the water quality criteria and standards program titled, "Water Quality Criteria and Standards Plan - Priorities for the Future."
Status: During AMSA's May 16-20 National Environmental Policy Forum, EPA's Office of Science and Technology released an advance copy of a draft plan for working together with states and tribes to enhance and improve the nation's water quality criteria and standards program. The draft plan describes six new criteria and standards program initiatives that EPA, states, and tribes will embark on over the next decade. According to the plan, the Office of Water will emphasize and focus on the following priority areas for the criteria and standards program over the next decade including:
1) developing nutrient criteria and assessment methods;
EPA plans to solicit formal public comment on the plan in June 1998. CONTACT: William Swietlik, EPA 202/260-9569 or Mark Hoeke, AMSA 202/833-9106.
2) developing criteria for microbial pathogens;
3) completing the development of biocriteria as an improved basis for aquatic life protection;
4) maintaining and strengthening the existing ambient water quality criteria for water and sediments;
5) evaluating possible criteria initiatives for excessive sedimentation, flow alterations, and wildlife; and
6) developing improved water quality modeling tools to better translate water quality standards into implementable control strategies.
EPA Planning to Release National Nutrient Strategy
Background: Nutrients have been cited as one of the leading causes of water quality impairment in the nation's waterbodies. EPA's 1994 National Water Quality Inventory cites that twenty-three percent of the rivers were impaired due to nutrient enrichment; forty-three percent of surveyed lakes; and forty-seven percent of surveyed estuaries were similarly affected by nutrients. To address nutrient problems, EPA has been directed by the President's Clean Water Action Plan (released in February 1998) to implement a criteria system for nitrogen and phosphorus runoff for lakes, rivers, and estuaries by the year 2000. To meet this accelerated timeframe, EPA is developing a national strategy which focuses on the development of waterbody-type guidance, and region-specific nutrient criteria.
Status: During AMSA's National Environmental Policy Forum, EPA released a draft version of the strategy and presented its plans to imminently release the national nutrient strategy with six key elements:
1) use of a regional and waterbody-type approach for the development of nutrient criteria;
AMSA will be discussing the development of nutrient criteria during a panel session at the upcoming AMSA summer conference, "Water Quality Standards. . . Facing Challenges, Making Choices..." to be held on July 14-17, 1998. CONTACT: Mark Hoeke, AMSA 202/833-9106 or Bob Cantilli, EPA 202/260-5546.
2) development of waterbody-type technical guidance documents that will serve as "users manuals" for assessing trophic state and developing region-specific nutrient criteria to control overenrichment;
3) establishment of an EPA National Nutrient Team with Regional Nutrient Coordinators;
4) establishment of ecoregional nutrient criteria (target ranges) for nitrogen, phosphorus;
5) require states use guidance or default criteria to establish numeric nutrient standards by 2003, where nutrient data is available; and,
6) monitoring and evaluation of nutrient management programs as they are implemented.
EPA Proposes New Analytical Method for Mercury
Background: EPA has promulgated WQC for mercury at 12 parts-per-trillion (ppt) in the National Toxics Rule, and published guidance criteria for mercury at 1.8 ppt in the Water Quality Guidance for the Great Lakes System. However, the most sensitive currently approved methods for mercury are capable of achieving a quantitation level of 200 ng/L (parts-per-trillion; ppt). Methods currently approved at 40 CFR part 136 measure mercury by purging mercury vapor from a water sample into a specially designed chamber placed in the light beam of an atomic absorption spectrophotometer.
Status: In the May 26, 1998 Federal Register, EPA published a proposed new analytical method for mercury, EPA Method 1631; Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Atomic Fluorescence. Method 1631 measures mercury by purging mercury vapor from a water sample onto a gold trap and thermally desorbing the mercury from the trap into an atomic fluorescence spectrometer. Purging the mercury onto the gold trap concentrates the mercury and allows water vapor from the sample to be vented, and use of atomic fluorescence provides an increased response compared to atomic absorption. As a result, EPA Method 1631 is approximately 200 times more sensitive than currently approved methods for determination of mercury. Method 1631 would need to be used in conjunction with clean sampling and laboratory techniques to preclude contamination at the low ppt levels necessary for mercury determinations. EPA has developed guidance documents on sampling and clean rooms for trace metals, including mercury. AMSA's Water Quality Committee is reviewing the proposed analytical method. CONTACT: Maria Gomez-Taylor, EPA 202/260-1639 or Mark Hoeke, AMSA 202/833-9106.
Related Items of Interest
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On July 7-9, the National Water-Quality Monitoring Council (NWQMC) will host a conference on "Monitoring: Critical Foundations to Protect our Waters" at the Silver Legacy Hotel in Reno, Nevada. The conference will cover a variety of monitoring issues including science, policies and management. The importance of monitoring to ecosystem/infrastructure sustainability and the need for scientifically based monitoring to help make changes in water management policy and practices are among the numerous topics that will be the focus of the workshop. The NWQMC hopes the conference will: provide relevant data/information necessary to evaluate trends in the health of ecosystems and watershed; provide a forum for communication and collaboration among monitoring personnel and agencies, including participants from the volunteer monitoring community; encourage the sharing of successful monitoring designs, protocol, methods and innovative data management ideas using ongoing monitoring efforts as case studies; and, encourage public participation and raise awareness of the availability of electronic databases and how to utilize current technologies in sharing monitoring data in collaboration at the national, regional and local levels. For a copy of the agenda, registration information or online registration, please visit http://gwpc.site.net or call 405/848-0690.
The Advisory Committee on Water Information has scheduled a meeting for August 17-19, 1998, in Denver, Colorado. For more information, please contact Beth Cox, USGS at 703/648-6823 or bethcox@usgs.gov.