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Page 251 of 352

Section 403 Procedural and Monitoring Guidance
Bohnsack, J. A. 1979. Photographic quantitative sampling of hard-bottom benthic
communities. Bull. Mar. Sci. 29:242-252.

Bond, C.E. 1979. Biology of fishes. Sanders College Publishing, Philadelphia, PA.

Bordner, R.H., J.A Winter, and P.V Scarpino, eds. 1978. Microbiological methods for
monitoring the environment, water and waste. EPA/600/8-78-017. U.S. Environmental
Protection Agency, Environmental Monitoring and Support Laboratory, Cincinnati, OH.

Borrego, JJ., F. Arrabal, A. de Vicente, L.F. Gomez, and P. Romero. 1983. Study of
microbial inactivation in the marine environment. J. Water Pollut Control Fed. 55:
297-302.

Bouck, G.R. 1984. Physiological responses of fish: Problems and progress toward use
in environmental monitoring. In Contaminant effects on fisheries, ed. V. W. Cairns, P. V.
Hodson, and J. O. Nriagu. John Wiley and Sons, New York, NY.

Brainard, E.G., and R.J. Lukens. 1975. A comparison of the accuracies of various
continuous recording current meters for offshore use. Offshore technology conference,
Paper no. OTC 2295.

Bros, W.E., and B.C. Cowell. 1987. A technique for optimizing sample size
(replication). J. Exp. Mar. Biol. Ecol. 30: 21-35.

Brown, B. E. 1988. Assessing environmental impacts on coral reefs. Proc. 6th Int.
Coral Reef Symp. 1:71 -80.

Brusick, D. 1980. Principles of genetic toxicology. Plenum Press, New York, NY.

Buckley, L.J., T.A. Halavik, G.C. Lawrence, S.J. Hamilton, and P. Yevich. 1985.
Comparative swimming stamina, biochemical composition, backbone mechanical
properties, and histopathology of juvenile striped bass from rivers and hatcheries of the
eastern United States. Trans. Amer. Fish. Soc. 114:114-124.

Buller, AT., and J. McManus. 1979. Sediment sampling and analysis. In Estuarine
hydrography and sedimentation, ed. K.R. Dyer. Cambridge University Press,
Cambridge.

Cabelli, V.J., A.P. DuFour, M.A. Levin, L.J. McCabe, and P.W. Haberman. 1979.
Relationship of microbial indicators to health effects at marine bathing beaches. Am. J.
Public Health 69: 690-696.
221
image:

Literature Cited
Cabelli, V.J., A.P. DuFour, L.J. McCabe, and M.A. Levin. 1982. Swimming-associated
gastroenteritis and water quality. Am. J. Epidemiol. 115: 606-61.

Cabelli, V.J., A.P. DuFour, L.J. McCabe, and M.A. Levin. 1983. A marine recreational
water quality criterion consistent with indicator concepts and risk analysis. J. Water
Pollut. Control Fed. 55: 1306-1314.

Cailliet, G.M., M.S. Love, and A.W. Ebeling. 1986. Fishes: A field and laboratory
manual on their structure, identification, and natural history. Wadsworth Publishing
Company, Belmont, CA.

CDC. 1979. Viral hepatitis outbreaks-Georgia, Alabama. Centers for Disease Control.
Morbid. Mortal. Weekly Rep. 28: 581.

Chesapeake Executive Council. 1988a. Habitat requirements for Chesapeake Bay
living resources. Chesapeake Bay Program, Annapolis, MD.

Chesapeake Executive Council. 1988b. Living resources monitoring plan.
Chesapeake Bay Program, Annapolis, MD.

Clausner, J.E., W.A. Birkemeier, and G.R. Clarke. 1986. Field comparison of four
nearshore survey systems. Miscellaneous Paper CERC-86-6. U.S. Army Engineer
Waterways Experimental Station, Vicksburg, MS.

Clifford, H.T., and W. Stephenson. 1975. An introduction to numerical classification.
Academic Press, New York, NY.

Connell, J.H. 1978. Diversity in tropical rain forests and coral reefs. Science 199:
1302-1309.

Copeland, B.J. 1966. Effects of industrial waste on the marine environment. J. Water
Poll. Cont. Fed. 38:1000-1010.

Copeland, B.J., and D.E. Wohlschlag. 1968. Biological responses to
nutrients-eutrophication: Saline water considerations In Advances in water quality
improvement, ed. E.F. Gloyna and W.W. Eckenfelder, pp. 65-82. Univ. Tex. Press,
Austin, TX.

Couch, J.A. 1978. Diseases, parasites, and toxic responses of commercial penaeid
shrimps of the Gulf of Mexico and South Atlantic coasts of North America. Fish. Bull.
76:1-44.
image:

Section 403 Procedural and Monitoring Guidance
Couch, J.A., and J.W. Fournie. 1993. Pathobiology of marine and estuarine organisms.
In Advances in fisheries science. CRC Press, Boca Raton, FL.

Couch, J.A., and J.C. Harshbarger. 1985. Effects of carcinogenic agents on aquatic
animals: An environmental and experimental overview. Environ. Carcinogenesis Revs.
3(1): 63-105.

Cuff, W., and N. Coleman. 1979. Optimal survey design: Lessons from a stratified
random sample of macrobenthos. J. Fish. Res. Board Can. 36: 351 -361.

Curtis, M.A., and G.H. Peterson. 1978. Size-class heterogeneity with spatial
distribution of subarctic marine benthos populations. Astarte 10:103-105.

Gushing, D.J. 1975. Marine ecology and fisheries. Cambridge University Press,
Cambridge, UK.

Darcy, G. H. and E. J. Gutherz. 1984. Abundance of demersal fishes on the west
Florida shelf, January 1978. Bull. Mar. Sci. 34:81-105.

Davis, R.E. 1988. Modeling eddy transport of passive tracers. J. Mar. Res. 45: 635.

Dawe, C.J., J.C. Harshbarger, R. Wellings, and J. D. Strandberg. In press. The
pathobiology of spontaneous and induced neoplasms in fishes: Comparative
characterization, nomenclature, and literature. Academic Press, New York, NY.

Day, J.W., C.A.S. Hall, W.M. Kemp, and A. Yanez-Arancibia. 1989. Estuarine ecology.
John Wiley and Sons, New York, NY.

Dayton, P. K. 1985. The structure and regulation of some South American kelp
communities. Ecol. Monagr. 55(4):447-468.

deBoer, J. 1988. Chlorobiphenyls in bound and non-bound lipids of fishes: Comparison
of different extraction methods. Chemosphere 17:1803-1810.

D'Elia, C.F., J.G. Sanders, and D.G. Capone. 1989. Analytical chemistry for
environmental sciences: A question of confidence. Environ. Sci. Technol.
23(7):768-774.
223
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Literature Cited
D'Elia, C.F., K.L. Webb, D.V. Shaw, and C.W. Keefe. 1986. Methodological
comparisons for nitrogen and chlorophyll determinations in estuarine water samples.
Submitted to the Power Plant Siting Program, Maryland Department of Natural
Resources, Annapolis, MD, and Chesapeake Bay Liaison Office, U.S. Environmental
Protection Agency, Annapolis, MD.

Demmann, W.P., J.R. Proni, J.F. Craynock, and R. Fargen. In press. Oceanic
wastewater outfall plume characterization measured acoustically.

DiToro, D.M., J.D. Mahony, D.J. Hansen, K.J. Scott, A.R. Carlson, and G.T. Ankley. In
press a. Acid volatile sulfide predicts the acute toxicity of cadmium and nickel in
sediments.

DiToro, D.M., J.D. Mahony, D.J. Hansen, K.J. Scott, M.B. Hicks, S.M. Mayr, and M.S.
Redmond. In press b. Toxicity of cadmium in sediments: The role of acid volatile
sulfide.

Dodge, R. E., A. Logan, and A. Antonius. 1982. Quantitative reef assessment studies
in Bermuda: A comparison of methods and preliminary results. Bull. Mar. Sci.
32(3):745-760.

Donaghay, P.L. 1984. Utility of mesocosms to assess marine pollution. In Concepts in
marine pollution measurements, ed. H.H. White, pp. 589-620. Maryland Sea Grant
College, College Park, MD.

Downing, J.A. 1979. Aggregation, transformation, and the design of benthos sampling
programs. J. Fish Res. Board Cer. 36:1454-1463.

DuFour, A.P., E.R. Strickland, and V.J. Cabelli. 1981. Membrane filter method for
enumerating Escherichia coli. Appl. Environ. Microbiol. 41:1152-1158.

Dustan, P., and J. C. Halas. 1987. Changes in the reef-coral community of Carysfort
Reef, Key Largo, Florida: 1974 to 1982. Coral Reefs 6(2):91-106.

EA and Battelle. 1990. Evaluation of dredged material proposed for ocean disposal
(testing manual). Draft report prepared by EA Engineering, Science, and Technology,
Inc. and Battelle Ocean Sciences for the U.S. Environmental Protection Agency, Office
of Marine and Estuarine Protection, Washington, DC.
224
image:

Section 403 Procedural and Monitoring Guidance
Eganhouse, R.P. 1990. Sources and magnitude of error associated with PCM
measurements. In Southern California Coastal Water Research Project annual report
1989-1990, ed. J.N. Cross and D.M. Wiley. Southern California Coastal Water
Research Project, Long Beach, CA.

Eleftheriou, A., and N.A. Holme. 1984. Macrofauna techniques. In Methods for the
study of marine benthos, ed. N.A. Holmes and A.D. Mclntyre, pp. 66-98. Blackwell
Scientific Publications, Oxford.

Elliot, J.M. 1971. So/Tie methods for the statistical analysis of samples of benthic
invertebrates. Scientific Publication No. 25, Freshwater Biological Assn., Ferry House,
UK.

Ellis, A. 1977. The leucocytes of fish: A review. J. Fish Biol. 11:453.

Ellis, D. 1985. Taxonomic sufficiency in pollution assessment. Mar. Poll. Bull. 16: 459.

Emerson, D.J., and VJ. Cabelli. 1982. Extraction of Clostridium perfingens spores from
bottom sediment samplers. Appl. Environ. Microbiol. 44:1152-1158.

Engel, D., and G. Roesijadi. 1987. Metallothioneins: A monitoring tool. \nPollution
physiology of estuarine organisms, ed. W. Vernberg, A. Calabrese, F. Thurberg, and
F. J. Vernberg, pp. 421-438. University of South Carolina Press.

Eugene, L.B. 1966. Handbook of oceanographic tables. Naval Oceanographic Office,
Rep. SP-68.

Feingold, A.O. 1973. Hepatitis from eating steamed clams. J. Am. Med. Assoc. 225:
526-527.

Ferguson, H.W. 1989. Systemic pathology of fish: A text and atlas of comparative
tissue responses in diseases ofteleosts. Iowa State University Press, Ames, IA.

Ferraro, S.P., F.A. Cole, W.A. DeBen, and R.C. Swartz. 1989. Power-cost efficiency of
eight macrobenthic sampling schemes in Puget Sound, WA, USA. Can. J. Fish. Aquat.
Sci. 46: 2157-2165.

Ferraro, S.P., H. Lee, R.J. Ozretich, and D.T. Specht. 1990. Predicting bioaccumulation
potential: A test of a fugacity-based model. Arch. Environ. Contam. Toxicol. 19:386-394.
225
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Literature Cited
Fleishack, P.C., A.J. DeFreitas, and R.B. Jackson. 1985. Two apparatuses for
sampling benthic fauna in surf zones. Est. Coast. Shelf Sci. 21 -.287-293.

Fofonoff, N.P., and R.C. Millard, Jr. 1983. Algorithms for computation of fundamental
properties of seawater. Technical papers in marine science no. 44. United Nations
Educational, Scientific, and Cultural Organization (UNESCO), Paris, France.

Folk, R.L 1974. Petrology of sedimentary rocks. Herpmill Publishing Co., Austin, TX.

Folmar, L.C. 1993. Effects of chemical contaminants on blood chemistry of teleost fish:
A bibliography and synopis of selected effects. Environ. Toxicol. Chem. 12:337-375.

Fowler, S.W. 1982. Biological transfer and transport processes. \nPollutanttransfer
and transport in the sea, vol. 2, ed. G. Kullenberg. CRC Press, Boca Raton, FL.

Fredette, T.J., D.A. Nelson, T. Miller-Way, J.A. Adair, V.A. Sotler, J.E. Clausner, E.B.
Hands, and F.J. Anders. 1989. Selected tools and techniques for physical and
biological monitoring of aquatic dredged material disposal sites. Final report. U.S. Army
Engineer Waterways Experiment Station, Vicksburg, MS.

Gamble, J. C. 1984. Diving. In Methods for the study of marine benthos, ed.
N.A. Holmes and A. D. Mclntyre, pp. 66-68. Blackwell Scientific Publications,
Oxford.

Gameson, A.L.N. 1983. Investigation of sewage discharges to some British coastal
waters. Water Resources Centre Technical Report, TR 193. Bucks, United Kingdom.

Gardner, G.R., P.P. Yevich, J.C. Harshbarger, and A.R. Malcolm. 1991.
Carcinogenicity of Black Rock Harbor sediment to the eastern oyster and trophic
transfer of Black Rock Harbor carcinogens from the blue mussel to the winter flounder.
Environ. Health Perspect. 90: 53-66.

Gardner, W.S., T.F. Nalepa, W.A. Frez, E.A. Cichocki, and P.F. Landrum. 1985.
Seasonal patterns in lipid content of Lake Michigan macroinvertebrates. Can. J. Fish.
Aquat ScL 42:1827-1832.

Garvey, J. 1990. Metallothionein: A potential biomarker of exposure to environmental
toxins. In Biomarkers of environmental contamination, ed. J. McCarthy and L. Shugart.
CRC Press, Boca Raton, FL.

Geldreich, E.E., P.W. Kabler, H.L. Jeter, and H.F. Clark. 1955. A delayed incubation
membrane filter test for coliform bacteria in water. Amen. J. Pub. Health 45:1462.
226
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Section 403 Procedural and Monitoring Guidance
Gilliom, R.J., and D.R. Helsel. 1986. Estimation of distributional parameters for
censored trace level water quality data. 1, Estimation Techniques. Water Res. Res.
22(2): 135-146.

Goldberg, E.D., V.T. Bowen, G.H. Farrington, J.H. Martin, P.L Parker, R.W. Risebrough,
W. Robertson, E. Schneider and E. Gamble. 1978. The mussel watch. Environ.
Conserv. 5:101-125.

Grace, R.A. 1978. Marine outfall systems planning, design, and construction. Prentice
Hall, Inc., Englewood Cliffs, NJ.

Gray, U.S., and F.B. Mirza. 1979. A possible method for the detection of pollution
induced disturbance on marine benthic communities. Mar. Poll. Bull. 10:142-146.

Green, R. 1979. Sampling design and statistical methods for environmental biologists.
John Wiley and Sons, New York, NY.

Green, R.H. 1984a. Some guidelines for the design of biological monitoring programs
in the marine environment. In Concepts of marine pollution measurements, ed. H.H.
White, pp. 233-245. University of Maryland Sea Grant, College Park, MD.

Green, R.H. 1984b. Statistical and nonstatistical considerations for environmental
monitoring studies. Environ. Monit. Assess. 4: 293-301.

Grigg, R. W., and S. J. Dollar. 1990. Natural and anthropogenic disturbance on coral
reefs. In Coral reefs, ed. Z. Dubinsky, pp. 439-452. Ecosystems of the world 25.
Elsevier, New York, NY.

Hansen, P.O., H. Von Westerhagen, and H. Rosenthal. 1985. Chlorinated
hydrocarbons and hatching success in Baltic herring spring spawners. Mar. Environ.
Res. 15: 59-76.

Hardy, J.T. 1982. The sea surface microlayer: Biology, chemistry, and anthropogenic
enrichment. Prog. Oceanogr. 11: 307-328.

Hargis, W., M. Roberts, and D. Zwerner. 1984. Effects of contaminated sediments and
sediment-exposed effluent waiter on estuarine fish: Acute toxicity. Mar. Environ. Res.
14: 337-354.

Hargis. W., and D. Zwerner. 1988. Effects of certain contaminants on eyes of several
estuarine fishes. Mar. Environ. Res. 24: 265-270.
227
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Literature Cited
Haux, C., and L. Forlin. 1988. Biochemical methods for detecting effects of
contaminants on fish.

Heath, A. 1987. Water pollution and fish physiology. CRC Press, Boca Raton, FL.

Hiatt, M.H. 1981. Analysis of fish and sediment for volatile priority pollutants. Anal.
Chem. 53:1541-1543.

Hill K.D., T.M. Dauphinee, and D. J. Woods. 1986. Extension of the practical salinity
scale 1978 to low salinities. IEEE Journal of Oceanic Engineering OE-11 (1, January
1986): 109-112.

Hinton, D., J. Couch, S. Teh, and L. Courtney. 1988. Cytological changes during
progression of neoplasia in selected fish species. In Aquatic life toxicology, toxic
chemicals and aquatic life: Research and management, ed. D. Malins, A. Jensen, and
M. Moore. Elsevier Science Publishers.

Hinton, D.E., and J.A. Couch. 1984. Pathobiological measures of marine pollution
effects. In Concepts in marine pollution measurements, ed. H.H. White, pp. 7-32.
Maryland Sea Grant College, College Park, MD.

Hirsch, P.M. 1988. Statistical methods and sampling design for estimating step trends
in surface-water quality. Water Res. Bull. 24(3): 493-503.

Holme, N. A. 1984. Photography and television. IBP handbook no. 16. \nMethodsfor
the study of marine benthos, ed. N. A. Holmes and A. D. Mclntyre, pp. 66-98. Blackwell
Scientific Publications, Oxford.

Holme, N.A., and A.D. Mclntyre, eds. 1984. Methods for the study of marine benthos.
Blackwell Scientific Publications, Oxford.

Howard, D.W., and C.S. Smith. 1983. Histological techniques for marine bivalve
molluscs.- NOAA Technical Memorandum. NMFS-F/NEC-25. U.S. Department of
Commerce, National Oceanic and Atmospheric Administration, Woods Hole, MA.

Hunn, J. 1988. Field assessment of the effects of contaminants on fishes. Biological
Report 88, Fish and Wildlife Service, U.S. Department of the Interior, Columbia, MO.

Hurlbert, S.H. 1971. The nonconcept of species diversity: A critique and alternative
parameters. Ecology 52: 577-586.
228
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Section 403 Procedural and Monitoring Guidance
Inhorn, S.L, ed. 1977. Quality assurance practices for health laboratories. American
Public Health Assoc., Washington, DC.

Jacobs, F., and G.C. Grant. J978. Guidelines for zooplankton sampling in quantitative
baseline and monitoring programs. Rep. No. 600/3-7-78-026. U.S. Environmental
Protection Agency, Corvalliss OR.

Jimenez, B., A. Oikari, S. Adams, D. Hinton, and J. McCarthy. 1990. Hepatic enzymes
as biomarkers of environmental, physiological and toxicological variables. In
Biomarkers of environmental contamination, ed. J. McCarthy and L. Shugart, pp.
123-142. CRC Press, Boca Raton, FL.

Johnson, R., and H. Bergman. 1984. Use of histopathology in aquatic toxicology: A
critique. In Contaminant effects on fisheries, ed. V. Cairns, P. Hodson, J. Nriagu. John
Wiley and Sons, New York, NY.

Kaplan, J.E., R.A. Goodman, L.B. Schonberger, E.G. Lippy, and G.W. Gary. 1982.
Gastroenteritis due to Norwalk virus: An outbreak association with municipal water
system. J. Infect. Dis. 146: 190-197.

Karickhoff, S.W., D.S. Brown, and T.A. Scott. 1979. Sorption of hydrophobic pollutants
on natural sediments. Wat. Res. 13: 241-248.

Karr, J.R., et al. 1986. Assessing biological integrity in running waters: A method and
its rationale. III. Nat. Hist. Survey Special Publ. 5.

Kleinow, K., M. MeLancon, and J. Lech. 1987. Biotransformation and induction:
Implications for toxicity, bioaccumulation and monitoring of environmental xenobiotics in
fish. Environ. Health Perspect. 71:105-119.

Klingerman, A.D. 1982. Fishes as biological detectors of the effects of genotoxic
agents. In Mutagenicity, new horizons in genetic toxicology, ed. J. Heddle. Academic
Press.

Klontz, G. 1985. Diagnostic methods in fish" diseases: Present status and needs. In
Fish and shellfish pathology, ed. A. Ellis. Academic Press Inc.

Knezovich, J.P., and F.L. Harrison. 1987. A new method for determining the
concentration of volatile organic compounds in sediment interstitial water. Bull. Environ.
Contam. Toxicol. 38: 837-940.
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Koh, R.C.Y. 1988. Shoreline impact from ocean waste discharges. J. Hydraul. Div. Am.
Soc. Civ.Eng. 114:361.

Ladd, J.M., S.P. Hayes, M. Martin, M.D. Stephenson, S.L. Coale, J. Linfield, and
M. Brown. 1984. California state mussel watch: 1981-1983. Trace metals and
synthetic organic compounds in mussels from California's coast, bays and
estuaries. Biennial report. Water Quality Monitoring Report No. 83-6TS.
Sacramento, CA.

Lake, J.L., N.I. Rubenstein; and S. Parvigano. 1987. Predicting bioaccumulation:
Development of a partitioning model for use as a screen tool in regulating ocean
disposal of wastes. In Fate and effects of sediment-bound chemicals in aquatic
systems, ed. K.L. Dickson, A.W. Maki, and W.A. Brungo. Sixth Pellston Workshop,
Florissano, CO.

Landolt, M.L., and R.M. Kocan. 1983. Fish cell cytogenetics: A measure of the
genotoxic effects of environmental pollutants. In Aquatic toxicology, ed. J. Nriagu. John
Wiley and Sons, New York, NY.

Larson, A., C. Haux, and M. Sjobeck. 1985. Fish physiology and metal pollution:
Results and experiences from laboratory and field studies. Ecotoxicol. Environ. Saf. 9:
250.

Lech, J., M. Vodicnik, and C. Elcombe. 1982. Induction of mono-oxygenase activity in
fish. In Aquatic toxicology, ed. L. Weber, pp. 107-148. Raven Press.

Leighton, J.P., et al. 1988. Verification/Calibration of a thermal discharge model. Proc.
Int. Symp. Model-Prototype Correlation of Hydraul. Structures 148.

Lenat, D.R. 1988. Water quality assessments of streams using a qualitative collection
method for benthic macroinvertebrates. J.N. Am. Benthol. Soc. 7: 222.

Levin, M.A., J.R. Fischer, and V.J. Cabelli. 1975. Membrane filter technique for
enumeration of enterococci in marine waters. Appl. Microbiol. 30: 66.

Livingston, R.J., R.S. Lloyd, and M.S. Zimmerman. 1976. Determination of sampling
strategy for benthic macrophytes in polluted and unpolluted coastal areas. Bull. Mar.
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Section 403 Procedural and Monitoring Guidance
Lonard, R.I., and E.J. Clairain, Jr. 1986. Identification of methodologies for the
assessment of wetland functions and values, In Proceedings: National wetlands
assessment symposium, pp. 66-72. Association of State Wetland Managers, Inc.,
Portland, ME, June 17-20.

Lorenzen, C.J. 1966. A method for the continuous measurement of in vivo chlorophyll
concentration. Deep-Sea Res. 13:223-227.

Loya, Y. 1978. Plotless and transect methods. In Coral reefs: Research methods., ed.
D.R. Stoddart and R.E. Johannes, pp. 197-217. UNESCO, Monographs on
Oceanographic Methodology, Paris.

Maine DEP. 1987. Methods for biological sampling and analysis of Maine's waters.
Maine Bureau of Water Quality Control.

Margalef, R. 1969. Diversity and stability: A practical proposal and a model of
interdependence. In Diversity and stability in ecological systems, ed. G.M. Woodwell
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Matthews, E., J. Warinner, and B. Weeks. 1990. Assays of immune function in fish
macrophages. In Techniques in fish immunology, ed. J. Stolen, T. Fletcher, D. Anderson,
B. Roberson, and W. van Muiswinkel. SOS Publications, Fair Haven, NJ.

McCarthy, J.F. 1990. Concluding remarks: Implementation of a biomarker-based
environmental monitoring program. In Biomarkers of environmental contamination, ed.
J. McCarthy and L. Shugart. Lewis Publishers, Boca Raton, FL.

McCullough, J.R. 1977. Problems in measuring currents near the ocean surface.
Proceedings of Oceans '77, Marine Tech. Soc. and Inst. of Electrical and Electronics
Engineering.

McFarland, V.A., J.U. Clarke, and A.B. Gibson. 1986. Changing concepts and
improved methods for evaluating the importance of PCBs as dredged sediment
contaminants. Miscellaneous Paper D-86-5. Department of the Army, Corps of
Engineers, Waterways Experiment Station, Vicksburg, MS.

McGowan, J.A., and V.J. Fraundorf. 1966. The relationship between size of net used
and estimates of zooplankton diversity. Limnol. Oceanogr. 11: 456-469.

Mclntyre, A.D., J.M. Elliot, and D.V. Ellis. 1984. Introduction: Design of sampling
programs. IBP Handbook Mo. 16. In Methods for the study of marine benthos, ed.
N.A. Holme and A.D. Mclntyre, pp. 1-26. Blackwell Scientific Publications, Oxford.
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Meyers, T.R., and J.D. Hendricks. 1985. Histopathology. \nFundamentalsofaquatic
toxicology: Methods and applications, ed. G. M. Rand and S. R. Petrocelli, pp. 283-331.
Hemisphere Publishing Co., New York, NY.

Millard, S.P., and D.P. Lettenmaier. 1986. Optimal design of biological sampling
programs using the analysis of variance. Est. Coast Shelf Sci. 22: 637-656.

Mix, M.C. 1986. Cancerous diseases in aquatic animals and their association with
environmental pollutants: A critical literature review. Mar. Environ. Res. 20 (1&2):1-141.

Neff, J.M. 1985. Use of biochemical measurements to detect pollutant-mediated
damage to fish. American Society for Testing and Materials, Special Technical
Publication 854:155-181.

Nielson, LA., and D.L. Johnson, eds. 1984. Fisheries techniques. American Fisheries
Society, Bethesda, MD.

Niimi, A.J. 1983. Biological and toxicological effects of environmental contaminants in
fish and their eggs. Can. J. Fish. Aquat. Sci. 40: 306-312.

NOAA. 1988. National Marine Pollution Program federal plan for ocean pollution
research, development and monitoring. U.S. Department of Commerce, National
Oceanic and Atmospheric Administration, Washington, DC.

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National Research Council. National Academy Press, Washington, DC.

Odum, H.T., R.P. Cuzan du Rest, R.J. Beyers, and C. Allbaugh. 1963. Diurnal
metabolism, total phosphorus, Ohle anomaly, and zooplankton diversity of abnormal
marine ecosystems of Texas. Publs. Inst. Mar. Sci. Tex. 9: 404-453.

Ohara, H., H. Naruto, W. Watanabe, and I. Ebisawa. 1983. An outbreak of Hepatitis A
caused by consumption of raw oysters. J. Hyg. Camb. 91:163-165.

Ohio EPA. 1987. Biological criteria for the protection of aquatic life: Vols. 1, 2, and 3.
Division of Water Quality Monitoring and Assessment. Columbus, OH.

Ohlhorst, S.L., W.D. Liddell, R.J. Taylor, and J.M. Taylor. 1988. Evaluation of reef
census techniques. Proc. 6th Int. Coral ReefSymp. 2:319-324.
232
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Section 403 Procedural and Monitoring Guidance
OTA. 1987. Wastes in marine environments. U.S. Congress, Office of Technology
Assessment. OTA 0-334.

Patten, B.C. 1962. Species diversity in net phytoplankton of Raritan Bay. J. Mar. Res.
20: 57-75.

Payne, J., L. Fancey, A. Rahimtula, and E. Porter. 1987. Review and perspective on
the use of mixed-function oxygenase enzymes in biological monitoring. Comp.
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APPENDIX A:
MONITORING METHODS REFERENCES
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Appenctfx A
PHYSICAL CHARACTERISTICS

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A-3
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Appendix A
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A-4
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Appendix A
USEPA. 1987. Quality assurance/quality control (QA/QC) for 301 (h) monitoring
program: Guidance on field and laboratory methods. EPA 430/9-86-004. U.S.
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APHA. 1989. American Public Health Association, American Water Works Association,
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Appendix A
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Nutrient analytical services laboratory standard operating procedures. Chesapeake
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Ferraro, S.P., F.A. Cole, W.A. DeBen, and R.C. Swartz. 1989. Power-cost efficiency of
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A-6
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Appendix A

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USEPA. 1982. Methods for organic chemical analysis of municipal and industrial
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USEPA. 1983. Methods for chemical analysis of water and wastes, 2d ed. EPA
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USEPA. 1986. Test methods for evaluating solid waste. EPA Publication SW-846, 3d
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USEPA. 1986-1991. Recommended protocols for measuring selected environmental
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USEPA. 1987. Quality assurance/quality control (QA/QC) lor 301 (h) monitoring
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A-7
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Appendix A
Ward, B.C., and J.C. Loftis. 1986. Establishing statistical design criteria for water quality
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SEDIMENT CHEMISTRY

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A-8
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Appendix A
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A-11
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Appendix A
BENTHIC COMMUNITY STRUCTURE

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A-12
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Appendix A
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A-13
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Appendix A
Ferraro, S.P., F.A. Cole, W.A. DeBen, and B.C. Swartz. 1989. Power-cost efficiency of
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Appendix A
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A-15
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Appendix A
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Appendix A
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A-17
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Appendix A
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USEPA. 1987. Technical support document for ODES statistical power analysis. EPA
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USEPA. 1988. ODES data brief: Use of numerical classification. U.S. Environmental
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USEPA. 1989. Sediment classification methods compendium. U.S. Environmental
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A-18
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Appendix A
FISH AND SHELLFISH PATHOBIOLOGY

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Society Special Symposium No. 8.

Adams, S.M., L.R. Shugart, and G.R. Southworth. 1990. Application of bioindicators in
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Anderson, D. 1990. Immunological indicators: Effects of environmental stress on
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cells in fish. In Techniques in fish immunology, ed. J. Stolen, J. Fletcher, D. Anderson,
B. Roberson, and W. van Muiswinkel. SOS Publications, Fair Haven, NJ.

Anderson, D., B. Roberson, and O. Dixon. 1979. Cellular immune response in Rainbow
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passive haemolytic plaque assay test. J. Fish Dis. 2:169-178.

Anderson, D., O. Dixon, and E. Lizzio. 1986. Immunization and culture of Rainbow
Trout organ sections in vitro. Vet. Immunol. Immun. 12: 203-211.

Anderson, D., O. Dixon, and W. van Muiswinkel. 1990. Reduction in the numbers of
antibody-producing cells in rainbow trout, Oncorhynchus mykiss, exposed to sublethal
doses of phenol before bath immunization. In Aquatic toxicology, ed. J. Nriagu. A
Wiley-lnterscience Publication, John Wiley and Sons, New York.

Anderson, R.S. 1987. Immunocompetence in invertebrates. In Pollutant studies in
marine animals, ed. C. S. Giam and L. E. Ray. CRC Press, Boca Raton, FL.

Anderson, R.S. 1990. Eiffects of pollutant exposure on bactericidal activity of
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Angeles, CA.

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blood. J. Fish Biol. 5: 771.
A-19
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Appendix A
Bouck, G.R. 1984. Physiological responses of fish: Problems and progress toward use
in environmental monitoring. In Contaminant effects on fisheries, ed. V. W. Cairns, P. V.
Hodson, and J. O. Nriagu. John Wiley and Sons, New York, NY.

Brown, D.A., C.A. Bowden, K. Chatel, and T.R. Parsons. 1977. The wildlife community
of lona Island Jetty, Vancouver, BC, and heavy metal pollution effects. Environ.
Conserv. 4:213-216.

Brusick, D. 1980. Principles of genetic toxicology. Plenum Press, New York, NY.

Cailliet, G.M., M.S. Love, and A.W. Ebeling. 1986. Fishes: A field and laboratory
manual on their structure, identification, and natural history. Wadsworth Publishing
Company, Belmont, CA.

Couch, J.A. 1978. Diseases, parasites, and toxic responses of commercial penaeid
shrimps of the Gulf of Mexico and South Atlantic coasts of North America. Fish. Bull.
76:1-44.

Couch, J.A., and J.C. Harshbarger. 1985. Effects of carcinogenic agents on aquatic
animals: An environmental and experimental overview. Environ. Carcinogenesis Revs.
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Cross, J., and J.E. Hose. 1988. Evidence for impaired reproduction in white croaker
(Genyonemus lineatus) from contaminated areas off southern California. Mar. Environ.
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Dawe, C.J., J.C. Harshbarger, R. Wellings, and J.D. Strandberg. In press. The
pathobiology of spontaneous and induced neoplasms in fishes: Comparative
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Dixon. 1982. Mar. Biolog. Let. 3:155-161.

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environmental stresses. U. S. Department of Energy, Washington, DC.

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A-20
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Appendix A
Elskus, A., and J. Stegeman. 1989. Induced cytochrome P-450 in Fundulus heteroclitus
associated with environmental contamination by polychlorinated biphenyls and
polynuclear aromatic hydrocarbons. Mar. Environ. Res. 27: 31-50.

Engel, D. 1987. Metal regulation and molting in the blue crab, Callinectes Sapidus:
Copper, zinc and metallothionein. Biol. Bull. 172: 69-82.

Engel, D., and G. Roesijadi. 1987. Metallothioneins: A monitoring tool. In Pollution
physiology of estuarine organisms, ed. W. Vernberg, A. Calabrese, F. Thurberg, and
F. J. Vernberg, pp. 421-438. University of South Carolina Press.

Engel, D. 1988. The effect of biological variability on monitoring strategies:
Metallothioneins as an example. Water Res. Bull. 24(5): 981-987.

Ferguson, H.W. 1989. Systemic pathology of fish: A text and atlas of comparative
tissue responses in diseases of teleosts. Iowa State University Press, Ames, IA.

Fisher, W.S. 1988. Disease processes in marine bivalve molluscs. American Fisheries
Society Special Publication 18.

Gardner, G.R., P.P. Yevlch, J.C. Harshbarger, and A.R. Malcolm. 1991.
Carcinogenicity of Black Rock Harbor sediment to the eastern oyster and trophic
transfer of Black Rock Harbor carcinogens from the blue mussel to the winter flounder.
Environ. Health Perspect. 90:53-66.

Garvey, J. 1990. Metallothionein: A potential biomarker of exposure to environmental
toxins. In Biomarkers of environmental contamination, ed. J. McCarthy and L. Shugart.
CRC Press, Boca Raton, FL.

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Boca Raton, FL.

Haasch, M., P. Wejksnora, J. Stegeman, and J. Lech. 1989. Cloned rainbow trout liver
P-I450 complementary DNA as a potential environmental monitor. Toxicol. Appl. Pharm.
98: 362-368.

Hargis, W., M. Roberts, and D. Zwerner. 1984. Effects of contaminated sediments and
sediment-exposed effluent water on estuarine fish: Acute toxicity. Mar. Environ. Res.
14:337-354.

Hargis. W., and D. Zwerner. 1988. Effects of certain contaminants on eyes of several
estuarine fishes. Mar. Environ. Res. 24: 265-270.
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Appendix A
Harrington, F.W., and J.O. Corliss. 1991. Microscopic anatomy of invertebrates. Vol.
1-15 (some still in press). Wiley-Liss, New York, NY.

Haux, C., and L. Forlin. 1988. Biochemical methods for detecting effects of
contaminants on fish.

Heath, A. 1987. Water pollution and fish physiology. CRC Press, Boca Raton, FL.

Hernberg, S. 1976. Biochemical, subclinical, and clinical responses to. lead and their
relation to different exposure levels as indicated by concentration of lead in blood. In
Effects and dose-response relationships of toxic metals, ed. G. Norberg. Elsevier,
Amsterdam, 404.

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14:142.

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fish inhabiting a contaminated coastal environment off southern California. Environ.
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Howard, D.W., and C.S. Smith. 1983. Histological techniques for marine bivalve
molluscs. NOAA Technical Memorandum. NMFS-F/NEC-25. U.S. Department of
Commerce, National Oceanic and Atmospheric Administration, Woods Hole, MA.

Hunn, J. 1988. Field assessment of the effects of contaminants on fishes. Biological
Report 88, Fish and Wildlife Service, U.S. Department of the Interior, Columbia, MO.

Jeme, N., and A. Nordin. 1963. Plaque formation in agar by single antibody-producing
cells. Science 140: 405.
A-22
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Appendix A
Jimenez, B., A. Oikari, S. Adams, D. Hinton, and J. McCarthy. 1990. Hepatic enzymes
as bio-markers of environmental, physiological and toxicological variables. In
Biomarkers of environmental contamination, ed. J. McCarthy and L. Shugart, pp.
123-142. CRC Press, Boca Raton, FL.

Kieinow, K., M. MeLancon, and J. Lech. 1987. Biotransformation and induction:
Implications for toxicity, bioaccumulation and monitoring of environmental xenobiotics in
fish. Environ. Health Perspect. 71:105-119.

Klingerman, A.D. 1982. Fishes as biological detectors of the effects of genotoxic
agents. In Mutagenicity, new horizons in genetic toxicology, ed. J. Meddle. Academic
Press.

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Fish and shellfish pathology, ed. A. Ellis. Academic Press Inc.

Landolt, M.L., and R.M. Kocan. 1983. Fish cell cytogenetics: A measure of the
genotoxic effects of environmental pollutants. In Aquatic toxicology, ed. J. Nriagu. John
Wiley and Sons, New York, NY.

Larson, A., C. Haux, and M. Sjobeck. 1985. Fish physiology and metal pollution:
Results and experiences from laboratory and field studies. Ecotoxicol. Environ. Saf. 9:
250.

Lech, J., M. Vodicnik, and C. Elcombe. 1982. Induction of mono-oxygenase activity in
fish. In Aquatic toxicology, ed. L. Weber, pp. 107-148. Raven Press.

Luna, L. 1968. Manual of histologic staining methods of the Armed Forces Institute of
Pathology. McGraw-Hill Book Company, The Blakiston Division, New York, NY.

Malins, D.C., and A. Jensen. 1988. Aquatic toxicology. Elsevier Science Publishers,
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Appendix A
May, E.B., M.J. Garreis, and M.M. Lipsky. 1985. Histological markers of environmental
effect 4th Symposium on Coastal and Ocean Management.

McCarthy, J.F., and L.R. Shugart, eds. 1990. Biomarkers of environmental
contamination. Lewis Publishers, Boca Raton, FL.

McLea, D., and M. Gordon. 1977. Leucocrit: A simple haematological technique for
measuring acute stress in salmonid fish, including stressful concentrations of pulpmill
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Meyers, T.R., and J.D. Hendricks. 1985. Histopathology. \nFundamentalsofaquatic
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Hemisphere Publishing Co., New York.

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environmental pollutants: A critical literature review. Mar. Environ. Res. 20 (1&2):1-141.

Myers, M.S., J.T. Landahl, M.M. Krahn, and B. B. McCain. 1991. Relationships
between hepatic neoplasms and related lesions and exposure to toxic chemicals in
marine fish from the U.S. West Coast. Environ. Health Perspect. 90:7-16.

Neff, J.M. 1985. Use of biochemical measurements to detect pollutant-mediated
damage to fish. American Society for Testing and Materials, Special Technical
Publication 854:155-181.

Nielson, L.A., and D.L. Johnson, eds. 1984. Fisheries techniques. American Fisheries
Society, Bethesda, MD.

Overstreet, R.M. 1988. Aquatic pollution problems, southeastern U.S. coasts:
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Passino, D.R. 1984. Biochemical indicators of stress in fishes: An overview. In
Aquatic toxicology, ed. J. Nriagu. John Wiley and Sons, New York, NY.

Patton, J., and J. Couch. 1984. Can tissue anomalies that occur in marine fish implicate
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A-24
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Appendix A
Payne, J., L. Fancey, A. Rahimtula, and E. Porter. 1987. Review and perspective on the
use of mixed-function oxygenase enzymes in biological monitoring. Comp. Biochem.
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Peters, G., H. Delventhal, and H. Klinger. 1980. Physiological and morphological effects
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Pickering, A. 1981. Stress and fish. Academic Press.

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Sanders, B. 1990. Stress proteins. In Biomarkers of environmental contamination, ed.
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A-25
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Appendix A
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A-26
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Appendix A
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Office of Marine and Estuarine Protection, Washington, DC.

USEPA. 1987. Technical support document for ODES statistical power analysis. EPA
430/9-87-005. U.S. Environmental Protection Agency, Office of Marine and Estuarine
Protection, Washington, DC.

USEPA. 1988. Short-term methods for estimating the chronic toxicity of effluents and
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Environmental Protection Agency, Environmental Monitoring and Support Laboratory,
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reproductive success: Biology, biochemistry, chemistry. III. Comparative embryo
development and mortality. Final report. U.S. Environmental Protection Agency,
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Appendix A
Weeks, B., A. Keisler, J. Warinner, and E. Mathews. 1987. Preliminary evaluation of
macrophage pinocytosis as a technique to monitor fish health. Mar. Environ. Res.
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Weeks, B., and J. Warinner. 1984. Effects of toxic chemicals on macrophage
phagocytosis in two estuarine fishes. Mar. Environ. Res. 14: 327-335.

Weeks, B., and J. Warinner. 1986. Functional evaluation of macrophages in fish from a
polluted estuary. Vet. Immunol. Immun. 12: 313-320.

Weeks, B., J. Warinner, P. Mason, and D. McGinnis. 1986. Influence of toxic chemicals
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Wydoski, R., and G. Wedemeyer. 1976. Physiological responses of fish: Problems and
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Appendix A
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A-30
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Appendix A
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A-31
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Appendix A
PLANKTON: BIOMASS, PRODUCTIVITY, AND COMMUNITY
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A-32
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Appendix A
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> »
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Appendix A
Gibbs, C.F. 1979. Chlorophyll a and 'phaeo-pigments.' Aust. J. Mar. Freshwater Res.
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Goeyens, L, E. Post, F. Deharis, A. Vandenhoudt, and W. Baeyens. 1982. The use of
high pressure liquid chromatography with fluorimetric detection for chlorophyll a
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Gordon, D.C., and W.H. Sutcliffe, Jr. 1974. Filtration of seawater using silver filters for
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Grasshoff, K., M. Ehrhardt, and K. Kremling. 1973. Methods of seawater analysis, 2d
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Heck, K.L., Jr., and R.J. Horwitz. 1984. Statistical analysis of sampling data to assess
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Hollander, M., and D.A. Wolfe. 1973. Nonparametric statistical methods. John Wiley
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A-34
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Appendix A
Inskeep, W.P., and P.R. Bloom. 1985. Extinction coefficients of chlorophyll a and b in
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Jeffrey, S.W., and G.M. Hallegraeff. 1980. Studies of phytoplankton species and
photosynthetic pigments in a warm core eddy of the East Australian Current. I. Summer
populations. Mar. Ecol. Prog. Ser. 3:285-295.
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Jeffrey, S.W., M. Sielicki, and F.T. Hazo.
dinoflagellates. J. Physicol. 11:374-384.
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Mantoura, R.F.C., and C.A. Llewellyn. 1983. The rapid determination of algal
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Appendix A
McEwen, G.F., M.W. Johnson, and T.R. Folsom. 1954. A statistical analysis of the
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Appendix A
Saila, S.B., D. Chen, V.J. Pigoga, and S.D. Pratt. 1984. Comparative evaluation of
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A-37
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Appendix A
Speziale, B.J., S.P. Schreiner, P.A. Giammatteo, and J.E. Schindler. 1984.
Comparison of N, N-dimethylformamide, dimethyl sulfoxide, and acetone for extraction
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UNESCO. 1973. Monographs on oceanographic methodology. 3. A guide to the
measurement of marine primary production under some special conditions. United
Nations Education, Scientific, and Cultural Organization, Paris, France.

UNESCO. 1978. Monographs on oceanography methodology. 6. Phytoplankton
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A-38
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Appendix A
USEPA. 1979. Handbook for analytical quality control in water and wastewater
laboratories. U.S. Environmental Protection Agency, Environmental Monitoring and
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USEPA. 1982. Design of 301 (h) monitoring programs for municipal wastewater
discharges to marine waters. U.S. Environmental Protection Agency, Office of Water,
Washington, DC.

USEPA. 1985. Interim guidance on quality assurance/quality control (QA/QC) for the
estuarine field and laboratory methods. U.S. Environmental Protection Agency, Office of
Marine and Estuarine Protection, Washington, DC.

USEPA. 1987. Technical support document for ODES statistical power analysis. EPA
430/9-87-005. U.S. Environmental Protection Agency, Office of Marine and Estuarine
Protection, Washington, DC.

USEPA. 1989. Chesapeake Bay basin monitoring program atlas (Vols. 1 and 2). U.S.
Environmental Protection Agency, Chesapeake Bay Liaison Office, Annapolis, MD.

USEPA. 1989. Compendium of methods for marine and estuarine environmental
studies. Draft. U.S. Environmental Protection Agency, Office of Water, Washington,
DC.

Venrick, E.L. 1978. Water-bottles. In Monographs on oceanographic methodology.
6. Phytoplankton manual, pp. 33-40. United Nations Education, Scientific, and
Cultural Organization, Paris, France.

Venrick, E.L. 1978. The implications of subsampling. In Monographs on
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Education, Scientific, and Cultural Organization, Paris, France.

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A-39
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Appendix A

Wood, L.W. 1985., Chloroform-methanol extraction of chlorophyll a. Can. J. Fish.
Aquat Sci. 42: 38-43.

Yentsch, C.S., and D.W. Menzel. 1963. A method for the determination of
phytoplankton chlorophyll and phaeophytin by fluorescence. Deep-Sea Res.
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HABITAT IDENTIFICATION METHODS

Abraham, B.J., and P.L. Dillon. 1986. Species profiles: Life histories and
environmental requirements of coastal fishes and invertebrates. (Mid Atlantic)—Soft
shell clam. U.S. Fish and Wildlife Service, FWS/OBS-82/11.68. U.S. Army Corps of
Engineers, TR EL-82-4.

Adamus, P.R. 1988. The FHWA/Adamus (WET) method for wetland functional
assessment. In The ecology and management of wetlands, ed. D.D. Hook et al., pp.
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Adamus, P.R., L.T. Stockwell, EJ. Clairain, Jr., M.E. Morrow, L.P. Rozas, and R.D.
Smith. 1987. Wetland evaluation technique (WET). Vol. I. Literature review and
evaluation rationale. U.S. Army Corps of Engineers, Waterways Experiment Station,
Vicksburg, MS.

Adamus, P.R., E.J. Clairain, Jr., D.R. Smith, and R.E. Young. 1987. Wetland
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Engineers, Waterways Experiment Station, Vicksburg, MS.

Aggus, L.R., and W.M. Bivin. 1982. Habitat suitability index models: Regression
models based on harvest of cool and coldwater fishes in reservoirs. U.S. Fish and
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Anon. 1985. Proposed policy and procedures for fish habitat management. Department
of Fisheries and Oceans, Ottawa, Ontario, Canada.

Beauchamp, R.B., ed. 1974. Marine environment planning guide for the Hampton
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A-40
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Appendix A
Bain, M.B., and J.L. Bain. 1982. Habitat suitability index model: Coastal stocks of
striped bass. Rep. Natl. Coastal Ecosystems Team, U.S. Fish. Wildlife Service, Rep.
No. FWS/OBS 82/10.1, Washington, DC.

Chesapeake Executive Council. 1988. Habitat requirements for Chesapeake Bay living
resources. Chesapeake Bay Program, Annapolis, MD.

Colwell, M.A., and L.W. Oring. 1988. Habitat use by breeding and migrating shorebirds
in south central Saskatchewan. Wilson Bulletin 100(4):554-566.

Cowardin, L.M., V. Carter, F,,C. Golet, and E.T. LaRoe. 1979. Classification of wetland
and deepwater habitats of the United States. U.S. Fish and Wildlife Service, Office of
Biological Services, Washington, DC.

Dee, N., J. Baker, N. Drobner, K. Duke, I. Whitman, and D. Fahrigner. 1973.
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Department of Fisheries and Oceans. 1984. A fishery officer's guide for fish habitat
management and protection. Ottawa, Ontario, Canada.

Diaz, R.J., and C.P. Onuf, 1985. Habitat suitability index models: Juvenile Atlantic
croaker. Revised. Biological reports of the U.S. Fish and Wildlife Service, Washington,
DC.

Fay, C.W., R.J. Neves, and G.B. Pardue. 1983. Species profiles: Life histories and
environmental requirements of coastal fishes and invertebrates (mid-Atlantic) - Striped
bass. WWS/OBS 82/11.8. U.S. Fish and Wildlife Service, Washington, DC.

Hardy, J.D., Jr. 1978. Development of fishes of the mid-Atlantic Bight: An atlas of the
egg, larval and juvenile stages. Vol. III. U.S. Department of the Interior, Fish and
Wildlife Service, Biological Service Program. FWS/OBS-78/12.

Heinen, J.I., and R.A. Mead. 1982. The application of remote sensing to site- and
species-specific wildlife habitat analysis. Technical Reports of Virginia Polytechnical
Institute, RR-82-2, NFAP-292.

Johnson, G.D. 1978. Development of fishes of the mid-Atlantic Bight. An atlas of egg,
larval and juvenile stages,. Volume IV. Carrangidae through Ephippidae. U.S.
Department of the Interior, Fish and Wildlife Service, Biological Services Program.
FWS/OBS-78/12.
A-41
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Appendix A
Johnson, H.B., B.F. Holland, Jr., and S.G. Keefe. 1977. Anadromous fisheries research
program, northern coastal area. N.C. Div. Mar. Fish. Rep. No. AFCS-11.

Jones, P.W., F.D. Martin, and J.D. Hardy, Jr. 1978. Development of fishes of the
mid-Atlantic Bight An atlas of egg, larval and juvenile stages. Vol. I. U.S. Department
of the Interior, Fish and Wildlife Service, Biological Service Program. FWS/OBS-78/12.

Klein, R.( and J.C. O'Dell. 1987. Physical habitat requirement for fish and other living
resources inhabiting class I and II waters. Internal document. Maryland Department of
Natural Resources, Tidewater Administration.

Lonard, R.I., E.J. Clairain, Jr., R.T. Huffman, J.W. Hardy, L.D. Brown, P.E. Ballard, and
J.W. Watts. 1981. Analysis of methodologies for assessing wetlands value. U.S. Water
Resources Council, Washington, DC, and U.S. Army Corps of Engineers, Vicksburg,
MS.

Lonard, R.I., and E.J. Clairain, Jr. 1986. Identification of methodologies for the
assessment of wetland functions and values, In Proceedings: National wetlands
assessment symposium, pp. 66-72. Association of State Wetland Managers, Inc.,
Portland, ME, June 17-20.

Marble, A.D., and M. Gross. 1984. A method for assessing wetland characteristics and
values. Landscape Plan. 2:1-17.

Reppert, R.T., W. Siglero, E. Stakhiv, L. Messman, and C. Meyers. 1979. Wetland
values: Concepts and methods for wetlands evaluations. IWR Research Report
79-R-1, U.S. Army Engineer Institute for Water Resources, Fort Belvoir, VA.

SCS Engineers. 1979. Analysis of selected functional characteristics of wetlands.
Contract No. DACW73-78-R-0017, Reston, VA.

Segar, D.A. 1987. The Aquatic Habitat Institute: A new concept in estuarine pollution
management. Proceedings of the Tenth National Conference Estuarine and Coastal
Management: Tools of the Trade. New Orleans, Louisiana, 12-15 October 1986. Vol.
2, p. 501.

Solomon, R.D., B.K. Colbert, W.J. Hanses, S.E. Richardson, L.W. Ganter, and E.G.
Vlachos. 1977. Water Resources Assessment Methodology (WRAM)-lmpact
assessment and alternative evaluation. Technical report Y-77-1 /Environmental. Effects
Laboratory, U.S. Army Engineer Waterways Experiment Station, CE, Vicksburg, MS.
A-42
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Appendix A
State of Maryland Department of Natural Resources. Undated. Environmental
evaluation of coastal wetlands. Draft. Tidal Wetlands Study, pp. 181-208.

Toole, C.L., R.A. Barnhart, and C.P. Onuf. 1987. Habitat suitability index models:
Juvenile English sole. Biological reports of. the U.S. Fish and Wildlife Service,
Washington, DC.

U.S. Army Construction Engineering Research Lab. 1987. Environmental gradient
analysis, ordination and classification in environmental impact assessments. Final
report. Champaign, IL.

U.S. Army Engineer Division, Lower Mississippi Valley. 1980. A habitat evaluation
system for water resources planning. U.S. Army Corps of Engineers, Lower Mississippi
Valley Division, Vicksburg, MS.

USEPA. 1982. Research on fish and wildlife habitat. U.S. Environmental Protection
Agency, Office of Research and Development, Washington, DC.

USEPA. 1984. Final ocean discharge criteria evaluation Navarin Basin OCS lease sale
83. U.S. Environmental Protection Agency, Region 10, Seattle, WA.

USEPA. 1988. Use of geographic information systems for wetlands protection. U.S.
Environmental Protection Agency, Office of Wetlands Protection, Washington, DC.

USFWS. 1978. Classification, inventory and analysis of fish and wildlife habitat:
Proceedings of a national symposium, Phoenix, Arizona, January 24-27, 1977. U.S.
Fish and Wildlife Service, Office of Biological Services, Washington, DC.

USFWS. 1980. Habitat evaluation procedures (HEP) manual (102ESM). U.S.
Department of the Interior, Fish and Wildlife Service, Washington, DC.

USFWS. 1982. Standards for the development of habitat suitability index models. 103
ESM. U.S. Fish and Wildlife Service.
BIOACCUMULATION

Boehm, P.D. 1984. The Status and Trends Program: Recommendations for design and
implementation of the chemical measurement segment. Workshop report. NOAA,
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A-43
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Appendix A
deBoer, J. 1988. Chlorobiphenyls in bound and non-bound lipids of fishes: Comparison
of different extraction methods. Chemosphere 17:1803-1810.

DiToro, D.M., J.D. Mahony, D.J. Hanson, KJ. Scott, A.R. Carlson, and G.T. Ankley. In
press. Acid volatile sulfide predicts the acute toxicity of cadimum and nickel in
sediments.

Ferraro, S.P., H. Lee, R.J. Ozretich, and D.T. Specht. 1990. Predicting bioaccumulation
potential: A test of a fugacity-based model. Arch. Environ. Contam. Toxicol. 19:
386-394.

Fowler, S.W. 1982. Biological transfer and transport processes. In Pollutant transfer
and transport in the sea, vol. 2, ed. G. Kullenberg. CRC Press, Boca Raton, FL.

Gardner, W.S., W.A. Frez, E.A. Cichocki, and C.C. Parrish. 1986. Micromethod for
lipids in aquatic invertebrates. Limnol. Oceanogr. 30:1099-1105.

Gardner, W.S., T.F. Nalepa, W.A. Frez, E.A. Cichocki, and P.F. Landrum. 1985.
Seasonal patterns in lipid content of Lake Michigan macroinvertebrates. Can. J. Fish.
Aquat Sci. 42:1827-1832.

Goldberg, E.D., V.T. Bowen, G.H. Farrington, J.H. Martin, P.L. Parker, R.W. Risebrough,
W. Robertson, E. Schneider and E. Gamble. 1978. The mussel watch. Environ.
Conserv. 5:101-125.

Hansen, P.O., H. Von Westerhagen, and H. Rosenthal. 1985. Chlorinated hydrocarbons
and hatching success in Baltic herring spring spawners. Mar. Environ. Res. 15: 59-76.

Hiatt, M.H. 1981. Analysis of fish and sediment for volatile priority pollutants. Anal.
Chem. 53:1541-1543.

Karickhoff, S.W., D.S. Brown, and T.A. Scott. 1979. Sorption of hydrophobic pollutants
on natural sediments. Wat. Res. 13: 241-248.

Knezovich, J.P. and F.L. Harrison. 1987. A new method for determining the
concentration of volatile organic compounds in sediment interstitial water. Bull. Environ.
Contam. Toxicol. 38: 837-940.
A-44
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Appendix A
Ladd, J.M., S.P. Hayes, M. Martin, M.D. Stephenson, S.L. Coale, J. Linfield, and
M. Brown. 1984. California state mussel watch: 1981-1983. Trace metals and
synthetic organic compounds in mussels from California's coast, bays, and
estuaries. Biennial Report. Water Quality Monitoring Report No. 83-6TS.
Sacramento, CA.

Lake, J.L., N.I. Rubinstein, and S. Parvignano. 1987. Predicting bioaccumulation:
Development of a partitioning model for use as a screen tool in regulating ocean
disposal of wastes. In Fate and effects of sediment-bound chemicals in aquatic
systems, ed K.L. Dickson, A.W. Maki, and W.A. Brungs. Sixth Pellston Workshop,
Florissant, CO.

Landrum, P.P., and J.A. Robbins. In press. Bioavailability of sediment-associated
contaminants to benthic invertebrates. In Sediments: Chemistry and toxicity of in-place
pollutants, ed. J.P. Giesy, R. Baudo, and H. Muntau. Lewis Publishers.

Niimi, A.J. 1983. Biological and toxicological effects of environmental contaminants in
fish and their eggs. Can. J. Fish. Aquat. Sci. 40: 306-312.

Pearson, T.H., and R. Rosenberg. 1978. Macrobenthic succession in relation to organic
enrichment and pollution of the marine environment. Oceanogr. Mar. Biol. Ann. Rev. 16:
229-311.

Phillips, D.J.H. 1980. Quantitative aquatic biological indicators. Applied Science Publ.
Ltd., London, England.

Phillips, D.J.H., and D.S. Segar. 1986. Use of bio-indicators in monitoring conservative
contaminants: Programme design imperatives. Mar. Poll. Bull. 17:10-17.

Rubinstein, N.I., J.L. Lake, R.J. Pruell, H. Lee, B. Taplin, J. Heltshe, R. Bowen, and S.
Parvignano. 1987. Predicting bioaccumulation of sediment-associated organic
contaminants: Development of a regulatory tool for dredged material evaluation. Internal
report. U.S. Environmental Protection Agency, Narragansett, Rl.

Spies, R.B., D.W. Rice, and J. Felton. 1988. Effects of organic contaminants on
reproduction of the starry flounder Platichthys stellatus in San Francisco Bay. Mar. Biol.
98: 181-189.

Tetra Tech. 1985. Bioaccumulation monitoring guidance: Estimating the potential for
bioaccumulation of priority pollutants and 301 (h) pesticides discharged Into marine and
estuarine waters. Vol. 1. Tetra Tech, Inc., Bellevue, WA.
A-45
image:

Appendix A
Tetra Tech. 1985. Bioaccumulation monitoring guidance: Selection of target species
and review of available bioaccumulation data. Vol. 2. Tetra Tech, Inc., Bellevue, WA.
Tetra Tech. 1985. Bioaccumulation monitoring guidance:
detection limits. Vol. 3. Tetra Tech, Inc., Bellevue, WA.
Recommended analytical
Tetra Tech. 1986. Bioaccumulation monitoring guidance: Analytical methods for U.S.
EPA priority pollutants and 301(h) pesticides in tissues from estuarine and marine
organisms. Vol. 4. Tetra Tech, Inc., Bellevue, WA.
Tetra Tech. 1987. Bioaccumulation monitoring guidance:
replication and compositing. Vol.5. Tetra Tech, Inc.
Strategies for sample
USEPA. 1982. Method for use of caged mussels to monitor for bioaccumulation and
selected biological responses of toxic substances in municipal wastewater discharges to
marine waters. Draft. U.S. Environmental Protection Agency, Environmental Monitoring
Support Laboratory, Cincinnati, OH.

USEPA. 1985. Bioaccumulation monitoring guidance: Selection of target species and
review of available bioaccumulation data. Vol. 2. EPA 403/9-86-006. Office of Marine
and Estuarine Protection, Washington, DC.

USEPA. 1986. Bioaccumulation monitoring guidance: Analytical methods for USEPA
priority pollutants and 301 (h) pesticides in tissues from estuarine and marine organisms.
Vol. 4. EPA 503/6-90-002. Office of Marine and Estuarine Protection, Washington, DC.

USEPA. 1989. Assessing human health risks from chemically contaminated fish and
shellfish: A guidance manual. U.S. Environmental Protection Agency, Office of Marine
and Estuarine Protection, Washington, DC.

USEPA. 1989. Guidance manual: Bedded sediment bioaccumulation tests.
EPA/600/X-89/302. ERLN-N111. U.S. Environmental Protection Agency, Environmental
Research Laboratory - Newport, OR.

USEPA. 1990. Assessment and control of bioconcentratable contaminants in surface
waters. Draft report. U.S. Environmental Protection Agency, OWEP, Washington, DC.
A-46
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Appendix A
USEPA. 1990. Computerized Risk and Bioaccumulation System (Version 1.0).
ERLN-N137. U.S. Environmental Protection Agency, Environmental Research
Laboratory, Narragansett, Rl.

USEPA. 1991. Technical support document for water quality-based toxics control.
EPA/505/2-90-001. U.S. Environmental Protection Agency, Washington, DC.

Young, D.R., A.J. Mearns, and R.W. Gosset. 1990. Bioaccumulation and
biomagnification of DDT and PCB residues in a benthic and a pelagic food web of
Southern California.
PATHOGENS

Andrews, W.H., and M.W. Presnell. 1972. Rapid recovery of Escherichia coli from
estuarine water, Appl. Microbiol. 23:521.

APHA. 1989. American Public Health Association, American Water Works Association,
American Water Pollution Control Federation. Standard methods for the examination of
water and wastewater. 17th ed. American Public Health Association, Washington, DC.

Bisson, J.W., and V.J. Cabelli. 1979. Membrane filtration enumeration method for
Clostridium perfringens. Appl. Environ. Microbiol. 37:55-66.

Bitton, G., B.N. Feldberg, and S.R. Farrah. 1979. Concentration of enteroviruses from
seawater and tap water by organic flocculation using non-fat dry mile and casein water.
Air Soil Pollut. 10:187.

Booz-Allen & Hamilton. 1983. A background document on pathogenic organisms
commonly found in municipal sludge. Prepared for U.S. Environmental Protection
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Borrego, JJ., F. Arrabal, A. de Vicente, L.F. Gomez, and P. Romero. 1983. Study of
microbial inactivation in the marine environment. J. Water Pollut. Control Fed.
55:297-302.
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Appendix A
Brezenski, F.T., and J.A. Winter. 1979. Use of the delayed incubation membrane filter
test for determining coliform/bacteria in sea water. Water Res. 3:583.

Buras, N. 1974. Recovery of viruses from waste-water and effluent by the direct
inoculation method. Water Res. 8:19.

Cabelli, VJ. 1983. Health effects criteria for marine waters. EPA/600/1-80-0431, U.S.
Environmental Protection Agency, Cincinnati, OH.

Cabelli, V.J., A.P. DuFour, M.A. Levin, L.J. McCabe, and P.W. Haberman. 1979.
Relationship! of microbial indicators to health effects at marine bathing beaches. Am.J.
Public Health 69:690-696.

Cabelli, VJ., A.P. DuFour, L.J. McCabe, and M.A. Levin. 1982. Swimming-associated
gastroenteritis and water quality. Am. J. Epidemiol. 115:606-61.

CDC. 1979. Viral hepatitis outbreaks-Georgia, Alabama. Centers for Disease Control.
Morbid. Mortal. Weekly Rep. 28:581.

Chang, S.L., G. Berg, K.A. Busch, R.E. Stevenson, N.A. Clarke, and P.W. Kabler. 1958.
Application of the Most Probable Number method for estimating concentrations of
animal viruses by tissue culture technique. Virology 6:27.

Clark, H.F., E.E. Geldreich, H.L. Jeter, and P.W Kabler. 1951. The membrane filter in
sanitary bacteriology. Pub. Health Rep. 66:951.

Clark, J.A. 1969. The detection of various bacteria indicative of water pollution by a
presence-absence (P-A) procedure. Can. J. Microbiol. 15:771.

Clark, J.A. 1980. The influence of increasing numbers of nonindicator organisms upon
the detection of indicator organisms by the membrane filter and presence-absence tests.
Can. J. Microbiol. 26:827.

Clark, J.A., and O.T. Vlassoff. 1973. Relationships among pollution indicator bacteria
isolated from raw water and distribution systems by the presence-absence (P-A) test.
Hea/tf7Lab.Sc/.10:163.
A-48
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Appendix A
Oliver, D.0.1967. Detection of enteric viruses by concentration with polyethylene glycol.
In Transmission of viruses by the water route, ed. G. Berg. Interscience Publ., New
York, NY.

Cooney, M.K. 1973. Relative efficiency of cell cultures for detection of viruses. Health
Lab. Sci. 4:295.

Cowles, P.B. 1939. A modified fermentation tube. J. Bacteriol. 38:677.

Dalla Vallee, J.M. 1941. Notes on the most probable number index as used in
bacteriology. Pub. Health Rep. 56:229.

Dobberkau, H.J., R. Walter, and S. Rudiger. 1981. Methods for virus concentration from
water. In Viruses and wastewater treatment, ed. M. Goddard and M. Butler. Pergamon
Press, New York, NY.

DuFour, A.P., E.R. Strickland, and VJ. Cabelli. 1981. Membrane filter method for
enumerating Escherichia coli. Appl. Environ. Microbiol. 41:1152-1158.

Dutka, B.D. 1981. Membrane filtration applications, techniques and problems. Marcel
Dekker, Inc., New York, NY.

Emerson, D.J., and V.J. Cabelli. 1982. Extraction of Clostridium perfingens spores from
bottom sediment samplers. Appl. Environ. Microbiol. 44:1152-1158.

Ericksen, T.H., C. Thomas, and A. Dufour. 1983. Comparison of two selective
membrane filter methods for enumerating fecal streptococci in freshwater samples.
Abs. Annual Meeting, American Soc. Microbiology, p. 279.

Evans, T.M., C.E. Warvick, RJ. Seidler, and M.W. LeChevallier. 1981. Failure of the
most-probable number techniques to detect conforms in drinking water and raw water
supplies. Appl. Environ. Microbiol. 41:130.

Farrah, S.R. 1982. Isolatin of viruses associated with sludge particles. In Methods in
environmental virology, ed. C.P. Gerba and S.M. Goyal. Marcel Dekker, Inc., New York,
NY.

Feingold, A.O. 1973. Hepatitis from eating steamed clams. J. Am. Med. Assoc.
225:526-527.
A-49
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Appendix A
Ferraro, S.P., F.A. Cole, W.A. DeBen, and R.C. Swartz. 1989. Power-cost efficiency of
eight macrobenthic sampling schemes in Puget Sound, Washington, USA. Can. J. Fish.
AquatSci. 46:2157-2165.

Fifield, C.W., and C.P. Schaufus. 1958. Improved membrane filter medium for the
detection of coliform-organisms. J. Amer. Water Works Assoc. 50:193.

Gameson, A.L.N. 1983. Investigation of sewage discharges to some British coastal
waters. Water Resources Centre Technical Report, TR 193. Bucks, United Kingdom.
Geldreich, E.E., P.W. Kabler, H.L. Jeter, and H.F. Clark. 1955. A delayed incubation
membrane filter test for coliform bacteria in water. Amer. J. Pub. Health 45:1462.

Geldreich, E.E., H.L. Jeter, and J.A. Winter. 1967. Technical considerations in applying
the membrane filter procedure. Health Lab. Sci. 4:113.

Gerba, C.P., and S.M. Goyal. 1982. Methods in environmental virology. Marcel Dekker,
Inc., New York, NY.

Gerhards, P., ed. 1981. Manual of methods for general bacteriology. American Soc.
Microbiology, Washington, DC.

Greenberg, A.E., and D.A. Hunt, eds. 1985. Laboratory procedures for the examination
of seawater and shellfish. 5th ed. American Public Health Association, Washington, DC.

Halvorson, H.O., and N.R. Ziegler. 1933-35. Application of statistics to problems in
bacteriology. J. Bacteriol. 24:101; 26:4331, 559, 29:609.

Hardy, J.T. 1982. The sea surface microlayer: Biology, chemistry, and anthropogenic
enrichment. Prog. Oceanogr. 11:307-328.

Homma, A., M.D. Sobsey, C.Wallis, and J.L. Melnick. 1973. Virus concentration from
sewage. Water Res. 7:945.

Hsiung, G.D. 1973. Diagnostic virology. Revised ed. Yale Univ. Press, New Haven, CT.

Inhorn, S.L., ed. 1977. Quality assurance practices for health laboratories. American
Public Health Assoc., Washington, DC.
A-so
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Appendix A
Jacobs, N.J., W.L. Zeigler, F:.C. Reed, T.A. Stukel, and E.W. Rice. 1986. Comparison of
membrane filter, multiple-fermentation-tube, and presence-absence techniques for
detecting total coliforms in small community water systems. Appl. Environ. Microbiol.
51:1007.

Kaplan, J.E., R.A. Goodman, LB. Schonberger, E.G. Lippy, and G.W. Gary. 1982.
Gastroenteritis due to Norwalk virus: An outbreak association with municipal water
system. J. Infect. Dis. 146:190-197.

Kabler, P.W. 1954. Water examinations by membrane filter and MPN procedures. Amer.
J. Pub. Health 44:379.

Kelly, S., and W.W. Sanderson. 1962. Comparison of various tissue cultures for the
isolation of enteroviruses. Amer. J. Pub. Health 52:455.

Lee, L.H., C.A. Phillips, M.A. South, J.L Melnick, and M.D. Yow. 1965. Enteric virus
isolations in different cell cultures. Bull. World Health Org. 32:657.

Lennette, E.H., A. Balows, W.J. Hausler, Jr., and H.J. Shadomy, eds. 1985. Manual of
clinical microbiology. 4th ed. American Soc. for Microbiology, Washington, DC.

Levin, M.A., J.R. Fischer, and V.J. Cabelli. 1975. Membrane filter technique for
enumeration of enterococci in marine waters. Appl. Microbiol. 30:66.

Lin, S. 1973. Evaluation of coliform test for chlorinated secondary effluents. J. Water
Pollut. Control Fed. 45:498.

Lin, S.D. 1976. Evaluation of Millipore HA and HC membrane filters for the enumeration
of indicator bacteria. Appl. Environ. Microbiol. 32:300.

Lund, E., and C.E. Hedstrom. 1969. A study on sampling and isolation methods for the
detection of virus in sewage. Water Res. 3:823.

Lydholm, B., and A.L. Nielsen. 1979. Methods for detection of virus in wastewater
applied to samples from small scale treatment systems. Water Res. 14:169.

McCarthy, J.A., H.A. Thomas, and J.E. Delaney. 1958. Evaluation of reliability of
coliform density test. Amer. J. Pub. Health 48:12.

McCarthy, J.A., and J.E. Deianey. 1958. Membrane filter media studies. Water Sewage
Works 105:292.
A-51
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Appendix A
McCarthy, J.A., J.E. Delaney, and R.J. Grasso. 1961. Measuring coliforms in water.
Water Sewage Works 108:238.

McCarthy, J.A., and J.E. Delaney. 1965. Methods for measurig the coliform content of
water. Sec. III. Delayed holding procedures for coliform bacteria. PHS Res. Grant WP
00202 NIH Rep.

McCrady, M.H. 1915. The numerical interpretation of fermentation tube results. J. Infect.
Dis. 12:183.

Morris, R., and W.M. Waite.1980. Evaluation of procedures for recovery of viruses from
water - II detection systems. Water Res. 14:795.

Ohara, HM H. Naruto, W. Watanabe, and I. Ebisawa. 1983. An outbreak of Hepatitis A
caused by consumption of raw oysters. J. Hyg. Camb. 91:163-165.

Olson, B.H. 1978. Enhanced accuracy of coliform testing in seawater by a modification
of the most-probable number method. Appl. Microbiol. 36:438.

OTA. 1987. Wastes in marine environments. U.S. Congress, Office of Technology
Assessment. OTA 0-334.

Panezai, A.K., T.J. Macklin, and H.G. Coles. 1965. Coli-aerogenes and Escherichia coll
counts on water samples by means of transported membranes. Proc. Soc. Water Treat.
Exam. 14:179.

Payment, P., C.P. Gerba, C. Wallis and J.L Melnick. 1976. Methods for concentrating
viruses from large volumes of estuarine water on plated membranes. Water Res.
10:893.

Ramia, S., and S.A. Sattar. 1979. Second-step concentration of viruses in drinking and
surface waters using polyethylene glycol hydroextraction. Can. J. Microbiol. 25:587.
A-52
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Appendix A

Rao, V.C., U. Chandorkar, N.U. Rao, P. Kumaran, and S.B. Lakhe. 1972. A simple
method for concentrating and detecting viruses in wastewater. Water Res. 6:1565.

Rehm, R., S. Duletsky, J. Pierce, and R. Sommer. 1983. Contaminants of concern in
sewage sludge. Draft prepared for Office of Program Policy and Evaluation, U.S.
Environmental Protection Agency, Washington, DC.

Rovozzo, G.C., and C.N. Burke. 1973. A manual of basic virological techniques.
Prentice-Hall, Englewood Cliffs, NJ.

Schmidt, N.J., H.H. Ho, J.L. Riggs, and E.H. Lennette. 1978. Comparative sensitivity of
various cell culture systems for isolation of viruses from wastewater and fecal samples.
Appl. Environ. Microbiol. 36:480.

Seidler, R.J., T.M. Evans, J.R. Kaufman, C.E. Warvick, and M.W. LeChevallier. 1981.
Limitations of standard coliform enumeration techniques. J. Amer. Water Works Assoc.
73:538.

Selna, M.W., and R.P. Miele. 1977. Virus sampling in wastewater-field experiences. J.
Environ. Eng. Div., Proc. Amer. Soc. Civil Eng. 103:693.

Shuval, H.I., S. Cymbalista, B. Fattal, and N. Goldblum. 1967. Concentration of enter?:
viruses in water by hydro-extraction and two-phase separation. Transmission of viruses
by the water route, ed. G. Beirg. Interscience Publ., New York, NY.

Shuval, H.I., B. Fattal, S. Cymbalista, and N. Goldblum. 1969. The phase-separation
method for the concentration and detection of viruses in water. Water Res. 3:225.

Slanetz, L.W., and C.H. Bartley. 1957. Numbers of enterococci water, sewage and feces
determined by the membrane filter technique with an improved medium. J. Bacteriol.
74:591.

Sobsey, M.D. 1976. Methods for detecting enteric viruses in water and wastewater. In
Viruses in water, ed. G. Berg, H.L. Bodily, E.H. Lennette, J.L. Melnick and T.G. Metcalf,
American Public Health Assoc., Washington, DC.

Sobsey, M.D. 1976. Field monitoring techniques and data analysis. In Virus aspects of
applying municipal waste to land, ed. L.B. Baldwin, J.M. Davidson, and J.F. Gerber.
Univ. Florida, Gainesville, FL.

Sobsey, M.D. 1982. Quality of currently available methodology for monitoring viruses in
the environment. Environ. Internal 7:39.
A-53
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Appendix A

Sobsey M.D., C.P. Gerba, C. Wallis, and J.L. Melnick. 1977. Concentration of
enteroviruses from large volumes of turbid estuary water. Can. J. Microbiol. 23:770.

St. John, E.W., J.R. Matches, and M.M. Wekell. 1982. Use of iron milk medium for
enumeration of Clostridium perfrigens. J. Assoc. Off. Anal. Chem. 65:1129-1133.

Strandridge, J.H., and J.J Delfino. 1981. A-1 Medium: Alternative techniques for fecal
coliform organism enumeration in chlorinated wastewaters. Appl. Environ. Microbiol.
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Thomas, H.A., Jr. 1942. Bacterial densities from fermentation tube test. J. Amer. Water
Works Assoc. 34:572.

Taylor, R.H., R.H. Bordner, and P.V. Scarpino. 1973. Delayed incubation
membrane-filter test for fecal conforms. Appl. Microbiol. 25:363.

Thomas, H.A., and R.L. Woodward. 1956. Use of molecular filter membranes for water
potability control. J. Amer. Water Works Assoc. 48:1391.

USEPA. 1985. Test methods for Escherichia coli and enterococci in water by the
membrane filter procedure. U.S. Environmental Protection Agency, Environmental
Monitoring and Support Laboratory, Cincinnati, OH.

USEPA. 1986. Ambient water quality criteria for bacteria - 1986. EPA 440/5-84-002.
U.S. Environmental Protection Agency, Washington, DC.

USEPA. 1988. Water quality standards criteria summaries: A compilation of
state/federal criteria - Bacterial. U.S. Environmental Protection Agency, Office of Water
Regulations and Standards, Washington, DC.

Wallis, C., and J.L. Melnick. 1967. Virus concentration on aluminum and calcium salts.
Amer. J. EpidemioL 85-459.
A-54
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Appendix A
Wallis, C., and J.L. Melnick. 1967. Concentration of viruses on aluminum hydroxide
precipitates. In Transmission of viruses by the water route, ed. G. Berg. Interscience
Publ., New York, NY.

Wellings, P.M., A.L. Lewis, and C.W. Mountain. 1976. Viral concentration techniques for
field sample analysis. In Virus aspects of applying municipal waste to land, ed.
L.B.Baldwin, J.M. Davidson, and J.F. Gerber. Univ. Florida, Gainesville, FL.

Weiss, J.E., and C.A. Hunter. 1939. Simplified bacteriological examination of water. J.
Amer. Water Works Assoc. 31:689.
EFFLUENT CHARACTERIZATION

Adelman, I.R., L.L. Smith Jr., and G.D. Siesennop. 1976. Acute toxicity of sodium
chloride, pentachlorophenol, guthion, and hexavalent chromium to fathead minnows
(Pimephales promelas) and goldfish (Carassius auratus). J. Fish. Res. Board Can.
33:203-208.

APHA. 1989. American Public Health Association, American Water Work Association,
Water Pollution Control Federation. Standard methods for the examination of water and
wastewater. 17thed. American Public Health Association, Washington, DC.
Bergman, H., R. Kimerle, and A.W. Maki, eds. 1985.
assessment of effluents. Pergamon Press, Inc. Elmsford, NY.
Environmental hazard
Bowman, M.C., W.L. Oiler, T. Cairns, A.B. Gosnell, and K.H. Oliver. 1981. Stressed
bioassay systems for rapid screening of pesticide residues. Part I: Evaluation of
bioassay systems. Arch. Environ. Contam. Toxicol. 10:9-24.

Dowden, B.F., and H.J. Bennett. 1965. Toxicity of selected chemicals to certain
animals. J. Water Pollut. Control Fed. 37(9):1308-1316.

Kimerle, R., W. Adams, and D. Grothe. 1985, Tiered assessment of effluents. In
Environmental hazard assessment of effluents, eds. H. Bergman, R. Kimerle, and
A. Maki.

Kimerle, R., A. Werner, and W. Adams. 1983. Aquatic hazard evaluation, principles
applied to the development of water quality criteria. In Aquatic toxicology and hazard
assessment (7th symposium), eds. R. Cardwell and R. Purdy.
A-55
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Appendix A
Magnuson, V.R., O.K. Harriss, M.S. Sun, O.K. Taylor, and G.E. Glass. 1979.
Relationships of activities of metal-ligand species of aquatic toxicity. ACS symposium
series, no. 93. Chemical modeling in aqueous systems, ed. E.A. Henne, pp. 635-656.

OSHA. 1976. OSHA safety and health standards, general industry. OSHA 2206
(revised). 29 CFR 1910. Occupational Safety and Health Administration, Washington,
DC.

Patrick, R., J. Cairns, Jr., and A. Scheier. 1968. The relative sensitivity of diatoms,
snails, and fish to twenty common constituents of industrial wastes. Prog.
Poirier, S.H., M.L. Knuth, C.D. Anderson-Buchou, L.T. Brooke, A.R. Lima, and
PJ. Shubat. 1986. Comparative toxicity of methanol and
N.N-dimethylformamide to freshwater fish and invertebrates. Bull. Environ.
Contam. Toxicol. 37(4) :6 1 5-621 .

Randall, T.L., and P.V. Knopp. 1980. Detoxification of specific organic substances by
wet oxidation. J. Water Pollut. Control Fed. 52(8): 217-2130.

Schimmel, S.C., G.E. Morrison, and M.A. Heber. 1989. Marine complex effluent toxicity
program: Test sensitivity, repeatability, and relevance to receiving water toxicity. Env.
Tox. and Chem. 8:739-746.

Stumm, W., and J.J. Morgan. 1981. Aquatic chemistry - An introduction emphasizing
chemical equilibria in natural waters. John Wiley and Sons, Inc., New York, NY.

U.S. Department of Health, Education and Welfare. 1977. Carcinogens - working with
carcinogens. Publication no. 77-206. Public Health Service, Center for Disease
Control, National Institute of Occupational Safety and Health.

US EPA. 1982. Handbook for sampling and sample preservation of water and
wastewater. EPA 600/4-82-01 9. U.S. Environmental Protection Agency, Environmental
Monitoring and Support Laboratory, Cincinnati, OH.

USEPA. 1982. Test methods - Technical additions to methods for chemical analysis of
water and wastes. EPA 600/4-82-055. U.S. Environmental Protection Agency, Office of
Research and Development, Cincinnati, OH. December.

USEPA. 1982. Water quality assessment: A screening procedure toxic and
conventional pollutants. Parts 1 and 2. EPA 600/6-82-004. U.S. Environmental
Protection Agency, Office of Research and Development, Athens, GA.
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Appendix A
USEPA. 1983. The treatability manual. Vol. IV. EPA 600/2-82-001. U.S.
Environmental Protection Agency, Office of Research and Development. GPO,
Washington, DC.

USEPA. 1984. Effluent and ambient toxicity testing and instream community response
on the Ottawa River, Lima, Ohio. EPA 600/2-84-080. Permits Division, Washington,
DC, U.S. Environmental Protection Agency, Office of Research and Development,
Duluth, MN.

USEPA. 1984. CETIS: Complex Effluent Toxicity Information System. Data encoding
guidelines and procedures. EPA 600/8-84-029. U.S. Environmental Protection Agency,
Office of Research and Development, Duluth, MN.

USEPA. 1984. CETIS: Complex Effluent Toxicity Information System. CETIS retrieval
system user's manual. EPA 600/8-84-030. U.S. Environmental.Protection Agency,
Office of Research and Development, Duluth, MN.

USEPA. 1984. Development of water quality based permit limitations for toxic
pollutants; National policy. U.S. Environmental Protection Agency. Fed. Regist, March
9,1984,49(48).

USEPA. 1984. Technical guidance manual for performing wasteload allocations, Book
III estuaries. U.S. Environmental Protection Agency, Office of Water Regulations and
Standards, Washington, DC.

USEPA. 1985. Methods for measuring the acute toxicity of effluents freshwater and
marine organisms. EPA 600/4-85-013. U.S. Environmental Protection Agency,
Environmental Monitoring and Support Laboratory, Cincinnati, OH.

USEPA. 1985. Short-term methods for estimating the chronic toxicity of effluents and
receiving waters to freshwater organisms. EPA 600/4-85-014. U.S. Environmental
Protection Agency, Cincinnati, OH.

USEPA. 1986-1988. Quality criteria for water. EPA 440/5-86-001. U.S. Environmental
Protection Agency, Office of Water Regulations and Standards, Washington, DC.

USEPA. 1988. Methods for aquatic toxicity identification evaluations: Phase I toxicity
characterization procedures. Draft EPA research series report. EPA 600/3-88-034.
U.S. Environmental Protection Agency, Environmental Research Laboratory, Duluth,
MN.
A-57
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Appendix A
USEPA. 1988. Methods for aquatic toxicity identification evaluations: Phase II toxicity
identification procedures. Draft EPA research series report. EPA 600/3-88-035. U.S.
Environmental Protection Agency, Environmental Research Laboratory, Duluth, MM.

USEPA. 1988. Methods for aquatic toxicity identification evaluations: Phase III toxicity
confirmation procedures. Draft phase III toxicity series report. EPA/600/3-88-036. U.S.
Environmental Protection Agency, Environmental Research Laboratory, Duluth, MM.

USEPA. 1988. Short-term methods for estimating the chronic toxicity of effluents and
receiving waters to marine and estuarine organisms. EPA 600/4-87-02. U.S.
Environmental Protection Agency, Office of Research and Development, Cincinnati, OH.

USEPA. 1988. Draft generalized methodology for conducting industrial toxicity
reduction evaluations (TREs). Draft EPA Research Series Report. U.S. Environmental
Protection Agency, Water Engineering Research Laboratory, Cincinnati, OH.

USEPA. 1989. Toxicity reduction evaluation protocol for municipal wastewater
treatment plants. EPA 600/2-88-062. U.S. Environmental Protection Agency, Water
Engineering Research Laboratory, Cincinnati, OH.

USEPA. 1989. Short-term methods for estimating the chronic toxicity of effluents and
receiving waters to freshwater organisms. EPA 600/4-89-001. U.S. Environmental
Protection Agency, Water Engineering Research Laboratory, Cincinnati, OH.

USEPA. 1989. Biomonitoring for control of toxicity in effluent discharges to the marine
environment. EPA 625/8-89-015. U.S. Environmental Protection Agency, Office of
Research and Development, Center for Environmental Research Information.

USEPA. 1990. Permit writer's guide for marine and estuarine discharges. Draft. U.S.
Environmental Protection Agency, Office of Water Enforcement and Permits,
Washington, DC.

USEPA. 1990. Assessment and control of bioconcentratable contaminants in surface
waters. Draft. U.S. Environmental Protection Agency, Office of Water Enforcement and
Permits, Washington, DC.
USEPA. 1991. Technical support document for water quality-based toxics control.
EPA 505/2-90-001. U.S. Environmental Protection Agency, Office of Water
Enforcement and Permits, Office of Water Regulations and Standards, Washington, DC.
Walters, C.I., and C.W. Jameson.
Butterworth Publ., Woburn, MA.
1984. Health and safety for toxicity testing.
A-58
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Appendix A
MESOCOSMS AND MICROCOSMS

Davey, E.W., K.T. Perez, A.E. Soper, N.F. Lackie, G.E. Morrison, R.L Johnson, and J.
F. Heltsche. In press. Significance of the surface micro-layer to the environmental fate
of di(2-ethylhexyl) phthalate predicted from marine microcosms. U.S. Environmental
Protection Agency, Environmental Research Laboratory, Ecosystems Effects Branch,
Narragansett, Rl.

Donaghay, P.L. 1984. Utility of mesocosms to assess marine pollution. In Concepts in
marine pollution measurements, ed. H.H. White, pp. 589-620. Maryland Sea Grant
College, College Park, MD.

Dwyer, R.L., and K.T. Perez. 1983. An experimental examination of ecosystem
linearization. The American Naturalist 121 (3):305-323.

Grassle, J.P., and J.F. Grassle. 1984. The utility of studying the effects of pollutants on
single species populations in benthos of mesocosms and coastal ecosystems. In
Concepts in marine pollution measurements, ed. H.H. White, pp. 621-642. Maryland
Sea Grant College, College Park, MD.

Grice, G.W. 1984. Use of enclosures in studying stress on plankton communities. In
Concepts in marine pollution measurements, ed. H.H. White, pp. 563-575. Maryland
Sea Grant College, College Park, MD.

Leffler, J.W. 1984. The use of self-selected, generic aquatic microcosms for pollution
effects assessment. In Concepts in marine pollution measurements, ed. H. White, pp.
139-158. Maryland Sea Grant College, College Park, MD.

Oviatt, C.A. 1984. Ecology as an experimental science and management tool. In
Concepts in marine pollution measurements, ed. H.H. White, pp. 539-548 Maryland
Sea Grant College, College Park, MD.

Perez, K.T., E.W. Davey, N.F. Lackie, G.E. Morrison, P.G. Murphy, A.E. Soper, and
D.L. Winslow. 1984. Environmental assessment of phthalate ester, di(2-ethylhexyl)
phthalate (DEHP), derived from a marine microcosm. Special Technical Publication
802. American Society for Testing and Materials (ASTM), Philadelphia, PA.

Perez, K.T., and G.E. Morrison. 1985. Environmental assessments from simple test
systems and a microcosm: Comparisons of monetary costs. In Multispecies toxicity
testing, ed. J. Cairns, pp. 89-95.
A-59
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Appendix A
Perez, K.T., E.W. Davey, G.E. Morrison, J.A. Cardin, N.F. Lackie, A.E. Soper,
R.J. Blasco, C. Bearce, R.L. Johnson, and S. Marino. 1989. Influence of organic
matter and industrial contaminants in sewage effluent on marine ecosystems.
ERLN Publication. U.S. Environmental Protection Agency, Environmental
Research Laboratory, Ecosystems Effects Branch, Narragansett, Rl.

Pilson, M.E.Q. 1984. Should we know the fates of pollutants. In Concepts in marine
pollution measurements, ed. H.H. White, pp. 575-588. Maryland Sea Grant College,
College Park, MD.

Pontasch, K.W., B.R. Niederlehner, and J. Cairns, Jr. 1989. Comparisons of
single-species microcosm and field responses to a complex effluent. Environ. Tox. and
Chem. 8:521 -532.

Pritchard, P.H., and A.W. Bourquin. 1984. A perspective on the role of microcosms in
environmental fates and effects assessments. In Concepts in marine pollution
measurements, ed. H.H. White, pp. 117-138. Maryland Sea Grant College, College
Park, MD.

Santschi, P.H., U. Nyffeler, R. Anderson, and S. Schiff. 1984. The enclosure as a tool
for the assessment of transport and effects of pollutants in lakes. In Concepts in marine
pollution measurements, ed. H.H. White, pp. 549-562. Maryland Sea Grant College,
College Park, MD.

Taub, F.B. 1984. Introduction to laboratory microcosms. In Concepts in marine
pollution measurements, ed. H.H. White, pp. 113-116. Maryland Sea Grant College,
College Park, MD.
A-60
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Appendix A
Taub, F.B. 1984. Measurement of pollution in standardized aquatic microcosms. In
Concepts in marine pollution measurements, ed. H.H. White, pp. 159-192. Maryland
Sea Grant College, College Park, MD.
USEPA. 1983. Project summary: Experimental marine microcosm test protocol and
support document. EPA-600/S3-83-055. U.S. Environmental Protection Agency,
Environmental Research Laboratory, Narragansett, Rl.
USEPA. 1987.
36352-36360.
Site-specific aquatic microcosm test. Fed. Regist. 52(187):
USEPA. 1990. Experimental marine microcosm test protocol and support document.
Revised. U.S. Environmental Protection Agency, Environmental Research Laboratory,
Ecosystems Effects Branch Narragansett, Rl.
A-61
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APPENDIX B:

OCEAN DISCHARGE CRITERIA
PUBLISHED AT FR Vol. 45, No, 194, 65942-65954
OCTOBERS, 1980
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J35942
Appendix B

Federal Register / Vol. 45, No. 194 / Friday, October 3, 1980 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 125

[FRL 1609-1]

Ocean Discharge Criteria

AGENCY: Environmental Protection
Agency.

ACTION: Final rule.

SUMMARY: EPA is promulgating final
guidelines under section 403(c) of the
Clean Water Act. These guidelines will
be applied in issuing and revising
National Pollutant Discharge
Elimination System Permits for
discharges into the territorial seas, the
contiguous zone and the oceans.

DATES: These guidelines become
effective on November 3,1980.

FOR FURTHER INFORMATION CONTACT
Kenneth Farber, Office of Water
Regulations and Standards (WH-586),
Environmental Protection Agency, 401 M
Street, SW. Washington, D.C. 20460,
202-472-5746.
SUPPLEMENTARY INFORMATION:

I. Background

EPA is today promulgating revised
guidelines for determining the
. degradation of the territorial seas, the
contiguous zone and the oceans.
Pursuant to section 403(a) of the Clean
Water Act, no National Pollutant
Discharge Elimination System
("NPDES") permit for discharges into
these marine waters may be issued
when these guidelines are in effect
except in compliance with the
guidelines.
These guidelines are issued pursuant
to section 403(c)(l) which provides that:
The Administrator shall, within one
hundred and eighty days after enactment of
this Act (and from time to time thereafter),
promulgate guidelines for determining the
degradation of the waters of the territorial
seas, the contiguous zone, and the ocean,
which shall include:
(A) the effect of disposal of pollutants on
human health or welfare, including but not
limited to plankton, fish, shellfish, wildlife,
shorelines, and beaches.
B) the effect of disposal of pollutants on
• ..irine life, including the transfer,
concentration, and dispersal of pollutants or
their byproducts through biological, physical,
and chemical processes: changes in marine
ecosystem diversity, productivity, and
stability; and species and community
population changes;
(C) the effect of disposal of pollutants on
esthetic, recreation, and economic values:
(D) the persistence and permanence of the
effects of disposal of pollutants;
(E) the effect of the disposal at varying
rates, of particular volumes and
concentrations of pollutants;
(F) other possible locations and methods of
disposal or recycling -of pollutants including
land-based alternatives; and
(G) the effect on alternate uses of the
oceans, such as mineral exploitation and
scientific study.
On October 15,1973, EPA
promulgated combined regulations
implementing section 102{a) of the
Marine Protection. Research, and
Sanctuaries Act and section 403(c) of
the Clean Water Act. The primary focus
of these regulations was on the ocean
disposal of waste material, including
sewage sludges, liquid and solid
industrial wastes and dredged materials,
by dumping from moving vessels.
In practice, these regulations proved
unworkable in many respects as section
403 ocean discharge criteria. At the
same time, operating experience
demonstrated that the ocean dumping
regulations themselves required
revision. EPA therefore determined that
both the ocean dumping regulations and
the ocean discharged criteria should be
revised and published as separate
regulations. All reference to section
403(c) guidelines was deleted from the
revised ocean dumping regulations
which were promulgated on January 11,
1977 (42 FR 2468). However, the Agency
encountered substantial difficulty in
developing revised ocean discharge
guidelines, and, until recently, there
have been no published national
guidelines in place. Since withdrawal of
the original guidelines, permit writers
have been implementing section 403 on
a case-by-case basis.
On June 21,1979, the Pacific Legal
Foundation filed suit in United States
District Court for the Eastern District of
California, seeking, among other things,
that EPA promulgate revised section
403(c) guidelines, Pacific Legal
Foundation v. Costle, Civ. No. S-79-429-
PCW. The National Wildlife Federation
intervened in that lawsuit. On October1
31.1979, the Court ordered EPA both to
promulgate these guidelines and to
publish interim guidelines stating
Agency policy in reviewing, issuing, or
denying NPDES permits under section
403, pending promulgation of the final
guidelines. The interim guidelines were
published in the Federal Register on
November 15i 1979, 44 FR 65751, and
they will be superseded by the final
guidelines published today.
The Agency then published proposed
ocean discharge criteria in the Federal
Register (45 FR 9548) on February 12,
1980, held an oral hearing on the
proposal on March 21,1980, and
provided a comment period for
submission of written comments which
was to end on March 28,1980. At the
request of various interested groups, the
comment period was extended for 30
days. Based on the extended comment
period and on the large volume of
comments received, the Agency moved
the court to extend the final
promulgation date by 120 days beyond
the July 30 deadline. The court extended
the final deadline until September 30.
1980.
II. Development of the 403 Guidelines

1. Synopsis of the Guidelines
Section 403 is intended to prevent
unreasonable degradation of the marine
environment and to authorize imposition
of effluent limitations, including a
prohibition of discharge, if necessary, to
ensure this goal. These guidelines were
developed to satisfy this intent. They
provide flexibility to permit writers to
tailor application requirements, effluent
limitations, and reporting requirements
to-the specific circumstances of each
discharger's situation, while ensuring
consistency and certainty by imposing
minimum requirements, in situations
where the long-term impact of a
discharge is not fully understood.
Under these guidelines, no NPDES
permit may be issued which authorizes
a discharge of pollutants that will cause
unreasonable degradation of the marine
environment. Prior to permit issuance,
the director, defined as either the
Regional Administrator or the State
Director where there is an approved
State program, or an authorized
representative, is required to evaluate
whether a proposed discharge will cause
such degradation. In making this
determination, the director is to consider
the factors specified in § 125.122 (a) and
tb).
In cases where sufficient information
is available for the director to make a
reasonable determination whether
unreasonable degradation of the marine
environment will occur, the director is
governed by § 125.123 (a) and (b) of the
regulations. Discharges which will cause
unreasonable degradation will be
prohibited; other discharges may be
permitted under conditions necessary to
ensure that such degradation will not
occur.
In those cases where the director is
unable to determine whether
unreasonable degradation will occur,
§ 125.123(c) governs. No discharge in
this situation is allowed unless the
director can reasonably determine that:
(1) the discharge will not cause
irreparable harm to the marine
environment while further evaluation is
undertaken; (2) there are no reasonable
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65943
alternatives to the discharge; and (3) the
discharge will comply with certain
mandatory permit conditions, including
a bioassay-based discharge limitation
and monitoring requirements. These
permit conditions will assist in
determining whether and to what extent
further limitations are necessary to
ensure that the discharge does not cause
unreasonable degradation. If further
limitations are necessary, § 125.123(d)(4]
provides that the permit must be then
modified to include these additional
limitations or else revoked.
These guidelines encourage the use of
available information in addition to any
supplied by the permit applicant. Thus,
the director may make determination
based on information such as that
contained in any relevant environmental
impact statement section 301(h) or other
variance applications, existing technical
and environmental field studies, or EPA
industrial and municipal waste surveys.
2, Relationship Between the Statute and
the Guidelines
(a) Section 403(c)(l}—Section 403(c)(l)
specifies seven factors which are to be
included in guidelines for determining
the degradation of marine waters. These
factors form the basis for the
determinations which must be made
pursuant to these guidelines.
Most of the statutory factors,
including 403(c)(l](A). (B), (C). (D), (E).
and a portion of (G), involve
consideration of the biological effects of
the discharge of pollutants. These
factors, either directly or indirectly,
must be evaluated by the director in
determining whether a discharge will
cause unreasonable degradation of the
marine environment Section 125.122(a)
requires that the director assess such
variables as the location of the
discharge, including the composition of
the biological community and existence
of special aquatic sites, such as marine
sanctuaries; the nature of the pollutants
which are to be discharged, including
their quantities, composition, potential
for bioaccumulation, persistence and
their transport in the environment and
the effect on human health. This
assessment should adequately address
the statutory factors relating to
biological effects of the discharge.
Section 403(c)(l)(C) also involves
consideration of economic and social
impacts of the discharge, as does section
403(c)(l)(G). The guidelines address
these factors in assessing whether a
discharge will cause unreasonable
degradation of the marine environment.
Section 122.121(f) defines "unreasonable
degradation of the marine environment"
to include, among other things, "loss of
esthetic, recreational or economic
values which are unreasonable in
relation to the benefit derived from the
discharge." Thus, even where the
director has determined that there are
no significant changes in ecosystem
diversity, productivity and stability, and
there is no threat to human health, he
may conclude that a discharge may not
be authorized if the adverse impact on
such activities as fishing, recreation,
and/or other economic or social benefits
is unreasonable in relation to benefits,
such as oil and gas production, derived
from the discharge.
Section 403(c)(l)(F) involves
consideration of other possible locations
and disposal methods for pollutants.
Although EPA has considered this factor
in developing these guidelines, the
director is not required to assess
alternatives in all cases. Under section
125.123(c)(2) the director must assess the
availability of alternatives, including
land-based alternatives, only in those
cases where he cannot determine that a
discharge will not cause unreasonable
degradation of the marine environment.
Additionally, the guidelines establish
a presumption that discharges in
compliance with sections 301(h), 316(a),
301 (g) and State water quality standards
under section 303 will not cause
unreasonable degradation. Although the
director may, on the basis of the factors
specified in § 125.122(a), conclude that
additional permit limitations are in fact
necessary even though the requirements
of these other sections have been met,
the similarity between the objectives
and requirements of these provisions
and those of section 403 warrants a
presumption that discharges in
compliance with these sections also
satisfy section 403. Also, even though
the regulations provide that a successful
section 316(a) demonstration creates
only a rebuttable presumption that
section 403 has been satisfied, the
provisions of section 316(c) may in some
cases preclude the imposition of more
stringent limitations under section 403.
POTWs obtaining section 301(h)
variances are entitled to a presumption
that their entire discharge is in
compliance with section 403. However,
the presumption applies only to the
thermal component of a discharge
subject to a 316(a) variance or to those
specific non-conventional pollutants
subject to a section 301(g) variance or to
pollutants specifically limited by criteria
in State water quality standards. Each
of those provisions, like section 403, is
geared toward assessing the
environmental impact of a discharge. In
order for a point source to receive a
section 301{g), 301(h] or 316(a) variance,
an evaluation of the biological and
environmental effect of the discharge is
required. Indeed, the statutory factors
specified in these sections are similar to
those contained in section 403(c).
Similarly, State water quality standards
established pursuant to section 303 of
the Act are designed to preserve the
quality of waters under State
jurisdiction, including the territorial
seas, and compliance with these
standards should insure protection of
the uses for which the waters are
designated with respect to pollutants for
which standards have been established.
(b)' Section 403(c)(2)—Section
403(c)(2) states that:
Where insufficient information exists on any
proposed discharge to make a reasonable
judgment on any of the guidelines established
pursuant to this section no permit shall be
issued under section 402 of this Act.
This section is the basis for two
central elements of these requlations.
First, the guidelines require that the
director make potentially complex
factual determinations on the basis of
information which, in many cases, may
be conflicting and in dispute. Section
403(c)(2) provides that the standard on
which the director is to make these
judgments is one of "reasonableness." In
assessing the information in the
administrative record, the director may
authorize the discharge of pollutants if
he is able to make a "reasonable
judgment" about the determinations
specified in the guidelines. Although
these issues may involve scientific
matters, the director is not bound by the
same burden of proof which a scientist
might require to reach a conclusion. The
administrative process and the burden
of proof in making these determinations
are discussed below.
Second, the regulation provides, as
required by section 403(c)(2), that the
• director may not authorize the discharge
of pollutants if there is insufficient
information to make these judgments.
The regulation does not, however,
require that there be complete
knowledge of the impact of a discharge
prior to permit issuance. Section
125.123(cJ provides that a permit may be
issued if the director has sufficient
information to reasonably conclude.
among other things, that the discharge
will not cause irreparable harm to the
environment while additional
information is collected. The provision
implements Congress' intent that
"discharges permitted today will not
irreversibly modify the oceans for future
uses." S. Rep. No. 92-414, 92nd Cong.,
1st Sess. at 75 (1971). It should insure
adequate protection of the environment
at all times while allowing the director
to issue NPDES permits where existing
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Federal Register / Vol. 45, No. 194 / Friday, October 3, 1980 / Rules and Regulations
data may not be adequate to assess the
long term impact of a discharge.

3. The Role of Section 403(c) Guidelines
in NPDES Permit Issuance

These guidelines will be used to
develop NPDES permits for the •
discharge of pollutants into the
territorial seas, the contiguous zone and
the oceans. Application of the guidelines
will aid in protecting marine resources
and their uses from the impact of
pollution and in preventing
unreasonable degradation of the marine
environment.
Although sometimes described here as
"guidelines" or "criteria", these
promulgated regulations establish
minimum requirements on discharges to
protect the receiving waters. These
guidelines will be used in evaluating
applications for new, modified or
renewed permits as they are submitted.
These guidelines apply in addition to
other applicable provisions of the Clean
Water Act. Permittees subject to section
403 must still comply with all other
requirements of the Act'including
applicable technology-based
requirements specified by sections 301,
304 or 306 and water-quality based
limitations specified by sections 303 or
307. Permittees may in certain
circumstances be subject to the
provisions of section 311 as well.
Section 403 applies to all discharges
seaward of the inner boundary of the
territorial seas. This boundary is defined
by section 502(a) of the Act to be the—
belt of the seas measured from the line of
ordinary low water along that portion of the
coast which is in direct contact with the open
sea and the line marking the seaward limit of
inland waters. ...
This definition limits the number of
land-based dischargers subject to
section 403. For example, Chesapeake
Bay, Boston Harbor, New York Harbor,
San Francisco Bay and Puget Sound lie
inside this inner boundary so that
discharges into these waters are not
subject to section 403 requirements. Of
the approximately 62,400 existing
NPDES permittees, 232 are land-based
point sources discharging seaward of
this inner boundary. These include 102
publicly-owned treatment works, 74
industrial plants, 25 steam electric
plants and 31 federal facilities. These
figures do not include the dischargers in
Alaska whose location relative to the
baseline defining the ocean boundary is
not known.
In addition to these land-based
dischargers, section 403 applies to all
other point sources discharging into the
marine waters covered by this
regulation. By far the largest group of
marine dischargers are oil and gas
exploratory and production facilities.
The Agency estimates that there are
approximately 3,000 such facilities now
operating.
III. Modifications to the Proposal
EPA provided both an oral hearing
and a written comment period on the
proposal, the latter extended by thirty
days in response to the request of
several interested groups. The preamble
to the proposal specifically solicited
comment on certain points, including
mixing zone definition and
determination, control of toxic
pollutants; monitoring requirements and
procedures; and effect of meeting
requirements for a Section 301(h)
variance.
Ten persons testified at the March 21,
1980 hearing on the proposal, and
written comments were received from 81
parties, including many industrial
groups, municipalities, conservation
groups, federal agencies and several
State governments. A listing of these
commenters is presented in Appendix A.
The commenters addressed the issues
raised for comment in the preamble and
raised a range of additional issues
concerning EPA's approach in
developing the proposed regulations.
Detailed responses to the major public
comments are presented in Appendix B.
In conjunction with the public
comment review, EPA has reevaluated
the proposed regulations and concluded
that certain changes are appropriate.
The final regulations retain the basic
approach of the proposal. As in the
proposal, this regulation provides that
the director must determine whether a
discharge will cause unreasonable
degradation of the marine environment.
Based on review of the numerous
comments, however, EPA has made
certain modifications which are
intended to provide greater clarity to the
permit writer, to ensure consistency in
application of this regulation and to
minimize burdens on the permit
applicant.
Under the proposed regulation,
applicants were required to submit a
wide range of analyses and evaluations.
Numerous commenters objected, stating
that submission of this information was
unnecessary, and in many cases
redundant. In response to these
comments, the final regulations now
provide that the director may request
information from the applicant but is
encouraged to use other available
sources, such as environmental impact
statements, section 301(h) variance
applications, consolidated permit
applications, or EPA industrial and
municipal waste surveys.
These final regulations also clarify the
director's authority to issue permits
where certain pre-issuance
determinations relating to the effects of
a discharge cannot be made. These
regulations now provide that, in those
cases, the discharge of pollutants may
be authorized only where the director
has sufficient information to make
reasonable determinations regarding the
potential for irreparable harm from the
discharge and on the availability of
alternatives. These regulations also
establish certain minimum permit
requirements in these cases. These
requirements, identified as possible
permit conditions in the.proposed
regulation, have been made mandatory
in part in response to comments that the
regulations needed to provide greater
guidance to the director and applicant
regarding permit conditions.
Finally, with respect to the
relationship between the permit
requirements of section 403(c] and
variances issued under sections 301(g),
301(h), or 316(a), the final regulation
provides that an applicant who has met
the conditions necessary to receive such
a variance is presumed to be in
compliance with section 403(c) for those
pollutants to which the variance applies.
IV. Procedures for Issuance of Permits
Under Guidelines
1. Determination of Applicability of
Section 403
The threshold determination for
applicability of the section 403
guidelines is whether a proposed
discharge will occur seaward of the
inner boundary of the territorial seas.
EPA's consolidated permit regulations
(45 FR 33290, May 19,1980} require that
applicants list the latitude, longitude
and name of the receiving waters for
each outfall. Where the director is
uncertain as to whether the outfall is
within the waters covered by section
403(c), he should request guidance from
EPA headquarters. Where the proposed
discharge is in an area where the
baseline defining the boundary of the
territorial seas has not been determined,
EPA will request a determination from
the Department of State, which is
responsible for defining the boundaries •
of the territorial seas.
2. Determination of Information
Requirements Under Section 403(c)
Once a determination has been made
that section 403(c) applies to a particular
discharge, the director must determine
what information is required to evaluate
the discharge according to the section
403(c) criteria. The first thing that the
director should do is survey the
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Federal Register / Vol. 45. No. 194 / Friday October 3, 1980 / Rules and Regulations
65945
currently available information about
the discharge itself and about the area
•jj which the discharge would occur.
This information would include'the data
contained in the consolidated
application form, as well as the data
available from Agency reports and
studies. The director should also notify
tjse applicant of the existence of other
currently available information.
After completing this survey of the
available information, the director
should determine what additional
information would be required from the
applicant for the evaluation of the
impact of the ocean discharge as
required by section 403(c). The applicant
will have the responsibility of collecting
this additional information and of
submitting it to the director.
3. Determination of Unreasonable
Degradation of the Marine Environment
Section 125.121(e) defines
"unreasonable degradation of the
marine environment" to include—
fl) significant adverse changes in
ecosystem diversity, productivity and
stability of the biological community within
the area of discharge and surrounding
biological communities; (2) threats to human
health through direct exposure to pollutants
or consumption of exposed aquatic
organisms; or (3) loss of esthetic, recreational,
identific or economic values which are
unreasonable in relation to the benefits
derived from the discharge.
Sections 125.122 (a) and (b) specify an
array of factors relevant in making these
determinations.
In many cases the director will be
able to reach conclusions based on data
related to the nature of the proposed
discharge. In areas which do not contain
sensitive species or unusual biological
communities or are not important for
surrounding biological communities, the
director may conclude that discharges
containing primarily conventional
pollutants will not cause unreasonable
degradation. This is especially
appropriate where the data indicate that
there will be significant mixing with the
receiving waters based on the flow of
we discharge and the physical
characteristics of the discharge site,
such as water depth and turbulence.
This determination may be appropriate
for such dischargers as small publicly
owned treatment works ("POTWs") and
for industrial dischargers such as fruit
canneries and fish processors.
For discharges into areas of biological
concern or for complex or toxic
discharges, additional evaluation may
°e necessary to determine whether a
Proposed discharge will cause
unreasonable degradation. In assessing
">e need for further evaluation, the
director should consider the
vulnerability of the area of discharge
and its role in the larger biological
community. Significant or sensitive
areas might include spawning sites,
nursery or forage areas, migratory
pathways or areas necessary for other
functions or critical stages in the life
cycle of organisms, areas of high
productivity, or areas under stress due
to biological or climatic conditions or
discharges from other sources.
Additionally, the director should
consider whether a discharge will affect
marine and wildlife species which are
identified as endangered or threatened
pursuant to the Endangered Species Act,
16 U.S.C. § 1531 et seq.r and those
species critical to the structure or
function of the ecosystem, such as in
food chain relationships.
An assessment of the potential
toxicity of a discharge should initially
focus on the pollutants which are
present in significant quantities relative
to marine water quality criteria
developed pursuant to section 304(a).
The potential for bioaccumulation or
persistence of pollutants in the
environment is of particular importance.
The director must also consider the
potential impacts of the discharge on
human health either directly as through
physical contact or indirectly through
the food chain. These factors should be
addressed when considering the
location of the discharge and the type
and volume of the discharger's effluent. •
Determinations of the economic
impact of the discharge should be based
on the potential effect of the discharge
•on such activities as commercial fishing,
recreation, mineral exploitation and
scientific study. In considering whether
a discharge will cause unreasonable
economic impacts, the social as well as
economic effects on a community should
be considered.
Much, if not all, of the information
necessary to make these evaluations
already will be available to the director.
Pursuant to section 122.53 of the
consolidated permit regulations,
applicants for NPDES permits must
submit a range of significant
information, including in many cases a
detailed analysis of toxic pollutants in
the waste stream. Additionally, any
relevant environmental impact
statements or section 301(h), 301(g) or
316(a) variance applications should
provide significant data about the
environmental impact of the proposed
discharge. EPA industrial and municipal
waste surveys and any data from
relevant technical and environmental
field studies that may have been
conducted may serve as a source of
information. Finally, Coastal Zone
Management Plans or proposals for
designation of an area as a marine
sanctuary should also contain relevant
information.
In cases where available information
is insufficient for the director to make a
determination, he may request
additional information of the applicant
pursuant to § 125.124. Where further
analysis of the area of the proposed
discharge is required, the director may
require the applicant to perform
assessments similar to those identified
in the Technical Support Document
prepared in conjunction with EPA's
section 301(h) regulations (44 FR 34784,
June 15.1979). EP'A headquarters will be
available to provide assistance to the
permit writer in developing information
requirements where the discharge may
be affecting an area of biological
concern.
The director ^should work with the
applicant to determine what types of
assessment are necessary and to review
or evaluate the assessment as it
progresses. This level of participation is
intended to determine the actual
feasibility and the costs of such
assessments for the applicant.
Furthermore, it should avoid duplicative
or inadequate assessments, thereby
preventing delays in permit issuance.
The Agency recognizes that some of the
anticipated assessments required for
permit issuance on the Outer
Continental Shelf are beyond those •
which can reasonably be expected of
the applicant and will require continued
Agency research efforts.
The guidelines establish a
presumption that discharges in
compliance with sections 301(g), 301(h),
316(a) or State water quality standards
will not cause unreasonable degradation
with respect to the pollutants covered
by those sections. Unless available data
indicate that a discharge will cause
unreasonable degradation, the director
need not take additional steps, including
the compilation of additional data, to
support a conclusion that no further
limitations on the discharge of these
pollutants is necessary.

4. Determination of Irreparable Harm
Section 125.123(c)(l) requires that the
director determine whether a discharge
will cause irreparable harm to the
marine environment in situations where
he cannot determine whether the
discharge will cause unreasonable
degradation. Although the concepts of
"irreparable harm" and "unreasonable
degradation" involve similar
considerations, the determination of
"irreparable harm" is much narrower in
scope.
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Federal Register / Vol. 45, No. 194 / Friday, October 3, 1980 / Rules and Regulations
In assessing the probability of
"irreparable harm", the director need
not focus his analysis on the overall
impact of the discharge. Rather, he is
only required to make a reasonable
determination that the discharger,
operating pursuant to the permit
conditions established in § 125.123(c),
will not cause permanent and significant
harm to the environment during the
period in which further data on the
effects of the discharge are collected. In
cases where such data, primarily that
produced by monitoring, indicate that
continued discharge will produce
unreasonable degradation, the discharge
must be halted or additional limitations
established. Although evaluation of
irreparable harm may in some cases
involve difficult factual issues,
determinations of this kind are currently
a part of the NPDES permit issuance
process. Pursuant to 40 CFR
124.60(a)(2)(ii), the presiding officer at
an evidentiary hearing may authorize a
facility to commence discharging prior
to receipt of a final NPDES permit if the
permit applicant demonstrates, among
other things, that the discharge will not
cause "irreparable harm to the
environment . . ." This is essentially
the same finding which the director must
now make pursuant to these guidelines.
Certain factors are particularly
significant in assessing the likelihood of
"irreparable harm". Two such factors
are the quantity of pollutants expected
to be discharged and their potential for
persistence in the marine environment.
For example, a permit writer might
authorize the operation of exploratory
oil and gas facilities or a limited number
of production facilities based on a
conclusion that these limited operations
will not cause irreparable harm to an
area.
An additional factor is the sensitivity
of the area into which the discharge is
proposed. The director might conclude
that a discharge could cause irreparable
harm to unusual and interdependent
communities, such as the coral reefs and
associated communities of the Flower
Garden Banks proposed marine
sanctuary in the Gulf of Mexico. In such
areas special conditions, including the
prohibition of discharge, might be
required.
Finally, data on the effect of similar
discharges in similar areas is directly'
relevant to the determination of
irreparable harm. Information
demonstrating the recovery of the
environment after the cessation of
discharges from similar facilities would
be a strong indication that irreparable
harm is not likely to occur. For example,
data indicate that even in areas of
biological concern, biological
communities reestablish themselves
after the termination of discharges from
publicly-owned treatment works. Thus,
where the other provisions of
§ 12S.123(c) are satisfied, the director
might properly conclude that discharges
from POTWs pursuant to this section
may be authorized while further
information is being collected.

5. Determination of Reasonable
Alternatives
These guidelines establish two bases
for determining whether reasonable
alternatives to the proposed discharge
exist. The first is the physical
availability of alternative sites for
disposal of pollutants. Such alternative
sites might inciude either disposal
facilities located on land, discharge
point(sj within internal waters, or
existing ocean dumping sites approved
pursuant to the Marine Preservation,
Research and Sanctuaries Act. In
determining whether a site is a
reasonable alternative to on-site
disposal, the director should consider its
distance from the site of the proposed
discharge and whether its use would
cause unwarranted economic impact on
the discharger. For example, shipping
wastes over long distances would likely
impose such impact. This provision is
intended to ensure some rule of reason
in evaluating alternatives, it is not
intended to impose a "cost/benefit"
analysis of alternative sites.
In considering the availability of
alternatives the director shall consider,
based on available information or that
requested from the applicant, the
estimates of the amount of material
requiring disposal. He should review the
availability of existing land-based
disposal sites and ocean dumping sites
within a reasonable distance from the
point of discharge and the estimated
uncommitted capacity of such sites. The
director should evaluate any reports of
economic impact of discharge
alternatives as may be supplied by the
applicant.
The second basis for evaluating the
feasibility of alternative sites relates to
the relative environmental harm of
disposal. Pursuant to section 121(e)(2),
alternative disposal sites are not
considered "reasonable alternatives" if
on-site disposal is judged to be
environmentally preferable. Thus, the
discharge of pollutants might be
authorized where disposal in alternative
sites might produce equal or greater
environmental harm than on-site
discharge, or where transportation to
alternative sites might produce a
significant risk of greater environmental
harm or a significant risk to human
safety. For example, during certain
seasons it may be undesirable to
transport wastes off-site in areas of the
•North Atlantic or Alaska. Where the
environmental or human health risks of
transportation are significant, such
transportation should not be considered
a reasonable alternative.

6. Determination of Permit Conditions
Section 125.123(d) identifies specific
permit conditions which are required for
the issuance of a permit where a pre-
permit issuance determination regarding
degradation of the marine environment
cannot be made. The director may also
require any necessary permit conditions
identified in section 125.123(d) to assure
that unreasonable degradation of the
marine environment will not occur
under § 125.123(a).
(a) Limiting Permissible
Concentration Requirements—Section
125.123(d)(l) requires, if a determination
regarding unreasonable degradation
cannot be made, that the discharge must
pass certain bioassay-based
requirements similar to those of EPA's
ocean dumping regulations (40 CFR Part
227).
The applicant must demonstrate that
his discharge will not exceed the
limiting permissible concentration
("LPC") at the boundary of the mixing
zone for a liquid phase and a suspended
particular phase bioassay, in
accordance with procedures for
determining the LPC which are
described in Bioassay Procedures for
the Ocean Disposal Permit Program,
U.S. EPA 600/9-78-010 March 1978 and
in Ecological Evaluation of Proposed
Discharge of Dredge Material into the
Ocean Waters, EPA/Corps of Engineers,
July 1977. If these manuals are revised in
the future, bioassays shall be performed
in accordance with any such revisions.
These regulations require an LPC
which is derived from, but not identical
to, the ocean dumping bioassay
requirements. First, these regulations do
not use section 304(a)(l) marine water
quality criteria as a basis for
determining an LPC. By use of a
bioassay-based LPC, the ocean
discharge criteria address the impact of
the whole effluent and account for any
synergistic or antagonistic effects. EPA
recognizes that section 304(a)(l) criteria
may in some cases require changes to
reflect site-specific conditions, and the
Agency is Devaluating the use of marine
water quality criteria in the ocean
dumping program. , .,
The ocean discharge criteria also use
a mixing zone extending laterally 100
meters in all directions from the
discharge point(s) or to the boundary of
the zone of initial dilution as calculated
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Appendix B

Federal Register / Vol. 45, No. 194 / Friday October 3, 1980 / Rules and Regulations
65947
hy a plume model approved by the
director, whichever is greater, unless the
jjrector determines that the more
restrictive mixing zone or another
definition of the mixing zone is more
appropriate. In calculating the dilution
it the boundary of the mixing zone, the
discharger may use any of the various
documented plume models and
dispersion models appropriate for the
discharge and approved by the director.
Some of these models are referenced in
the technical documents for EPA's ocean
dumping regulations and the technical
document for EPA's section 301(h)
regulations.
Where the discharge contains a solid
phase, the applicant will be required to
perform the solid phase bioassay and
bioaccumulation testing on.the waste
material in accordance with procedures
described in Ecological Evaluation of
Proposed Discharge of Dredge Material
into the Ocean Waters. EPA/Corps of
Engineers, July 1977. For example, if a
bioassay analysis is required in the case
of offshore oil and gas platforms, the
solid phase bioassay would be
conducted as a test on drilling muds and
cuttings which are to be discharged.
Not all applicants may have to
perform bioassay tests on their effluents.
Applicants may submit bioassay
analyses performed on other wastes if
the applicant provides documentation to
«how that the composition of the waste
analyzed typifies that which the
applicant is discharging or intends to
discharge.
(b) Monitoring Requirements—Where
a pre-issuance determination regarding
degradation of the marine environment
cannot be made, § 125.123(d)(2) requires
that a monitoring program be in place
which is sufficient to assess the impact
of the discharge on water, sediment, and
biological quality including, where
appropriate, analysis of the
bioaccumulative and/or persistent
impact on aquatic life of the discharge.
This monitoring program may include
effluent analysis, bioassay analysis and
field studies. The technical document Tor
EPA's section 301(h) regulations should
provide support in developing such a
monitoring program. It is not possible to
oake an a priori determination as to
what constitutes an acceptable
monitoring program. Site-specific
conditions such as the size of the
discharger's waste stream, the types of
Pollutants discharged, and the location
of the discharge will play a role in
determining what if any specific
Monitoring will be required under
section 403(c) in addition to other
"PDES monitoring requirements.
Section 125.123(d)(2) provides the
director a flexible mechanism to develop
such site-specific monitoring
requirements. For example, a low
volume discharger whose waste stream
is unlikely to contain significant
amounts of toxic pollutants will not be
required in most cases to establish a
monitoring program under these
regulations. Similarly, a discharger of
pollutants into an area of biological
concern may be subject to more
stringent monitoring requirements than
one not discharging into such an area.
Monitoring programs, in some
instances, may be coordinated for
several dischargers. For example, with
offshore oil and gas platforms, areawide
monitoring programs for several
dischargers may be the desirable
monitoring approach. EPA headquarters
has been active in assisting the regions
in developing monitoring programs for
offshore oil and gas exploration in areas
of biological concern such as the Flower
Garden Banks and Georges Bank. Those
monitoring programs will serve as
valuable guides for the development of
additional monitoring programs for
other areas of offshore oil and gas
exploration and production. EPA
headquarters will continue to play an
active role in providing technical
assistance in developing such
monitoring programs.
(c) Other Permit Conditions—Under
§ 125.123(d)(3), the director may also
require under other permit conditions on
the discharge. For example, the director
may require seasonal restrictions on the
volume of wastes discharged where
such restrictions are needed to assure
protection of the marine environment.
Seasonal restrictions may be necessary
where the discharge is itself affected by
seasonal conditions or where the
biological community may become more
sensitive to the impact of the discharge
during certain seasonal conditions, such
as during migration or spawning.
The director may require that the
applicant perform bioaccumulation
testing of the liquid and/or suspended
particulate phase of the discharge where
the director suspects such potential for
bioaccumulation may exist, based oiv
the nature of the pollutants discharged.
The director may also require process
modifications, such as the substitution
of less hazardous chemicals for those
which are potentially harmful. He may
also require process changes which
would favor the recycling and reuse of
potentially harmful pollutants. The
Agency has recently established a task
force to evaluate the discharges from
offshore oil and gas exploration and
production facilities and to evaluate
alternate control strategies to mitigate
the effects of such discharges, which
include drilling muds and cuttings- and
produced water. Its recommendations
may be used in drafting future
requirements under section 403(c)
authority.
The director may also require that
diffuser systems for the discharger be
sufficient to assure adequate dispersion
of the waste stream.

7. The Administrative Process and
Burden of Proof
Under the Act and this regulation, the
director is responsible for making
"reasonable judgments" on the
preceding issues, and these judgments
will be made oil available information
compiled in the administrative record of
the permit issuance. As discussed
above, this information may come from
many sources including data submitted
under the consolidated permit
application form, environmental impact
statements or section 301(h) variance
applications. These guidelines do not
require that all applicants submit
specific information to support the
section 403 determinations, and the
director is encouraged to make use of
existing information not prepared by
applicants.
However, under the Clean Water Act,
the Administrative Procedure Act, and
EPA's consolidated permit regulations it
is the applicant who is responsible for
persuading the Agency that a permit
should be issued. See 40 CFR
124.85(a)(l) and Opinion of the General
Counsel No. 72. This obligation is
particularly apparent with respect to
applicants seeking permits to discharge
into marine waters. Section 403(c)(2)
requires that the director deny an
NPDES permit application if there is
insufficient information to make
reasonable judgments under the
guidelines. This means that the permit
applicants should be prepared to submit
sufficient information to support a
determination to issue an NPDES permit.
Under the Agency's permit issuance
procedures there is opportunity to
submit information for the
administrative record. An applicant or
interested person who disputes any
permit condition or tentative decision to
deny an application must submit
available information supporting their
position during the public comment
period. 40 CFR 124.13. In any subsequent
evidentiary hearing on the permit, the
Agency will have the burden of going
forward to present its case supporting a
challenged permit condition, but, at the
conclusion of the Agency's presentation,
the applicant or any other hearing
participant has the burden of going ••
forward to present its case. 40 CFR
124.85(a) (2) and (3). Moreover, the
ultimate burden of persuading the
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65948
Appendix 8
Federal Register / Vol. 45, No. 194 / Friday, October 3, 1980 / Rules and Regulations
Agency to issue a permit remains at all
times on the permit applicant.
V. Cost and Economic Impacts
Executive Order 12044, 43 FR 12661
(March 23,1978), requires EPA and other
agencies to perform Regulatory
Analyses of certain regulations. EPA's
plan for implementing Executive Order
12044, 44 FR 30988 (May 29,1979),
requires a Regulatory Analysis for major
regulations involving annual compliance
costs of S100 million or meeting other
specified criteria. Where these criteria
are met, EPA's implementation plan
requires a formal Regulatory Analysis
including an economic impact analysis
and an evaluation of regulatory
alternatives. The Agency has
determined that none of the criteria for
requiring a regulatory analysis has been
exceeded and therefore, the
promulgated regulations for ocean
dischargers do not require a formal
Regulatory Analysis. Nevertheless, EPA
performed an analysis that does meet all
the requirements of Executive Order
12044 and EPA's plan for its
implementation.
In accordance with the requirements
under section 2(d)(8) of Executive Order
12044, the Agency intends to review the
effectiveness and need for continuation
of the provisions contained in this action
no more than five (5) years from the
effective date of these regulations. In
particular, we will solicit comments
from affected parties with regard to
actual costs incurred and other burdens
associated with compliance and will
also review environmental data to
evaluate the effectiveness of the
regulation after it has gone into effect.
EPA's economic analysis divides the
affected dischargers under the proposed
regulation into five subcategories:
POTWs, industrial dischargers, electric
utilities, federal facilities, and offshore
oil and gas wells. This analysis has
assessed unit price increases,
production changes for industrial
dischargers, and user cost increases at
POTWs.
The total cost of compliance is
expected to be $13 million in 1981 and to
increase to $28 million by 1985, in 1980
dollars. Costs may increase in-
succeeding years. The Agency expects
no significant economic impacts will
result from this regulation.

1. POTWs.
There are presently 102 POTWs
discharging 2.1 billion gallons of effluent
a day into the ocean. These POTWs are
currently operating under EPA's NPDES
regulations. Under these regulations
POTWs may be required to monitor,
perform benthic analyses.
bioaccumulation tests and run further
analyses of disposal alternatives in
addition to those required under their
present NPDES permit. The Agency
performed an economic analysis to
determine the potential costs and
increases in user charges currently paid
by households serviced by affected
POTWs. EPA estimates that 47 POTWs
will incur additional costs, due to their
location and the size of their discharges,
consisting of a first year cost of S1.2
million and an average annual cost of
$.828 million thereafter.
For 46 of the 47 affected POTWs. user
charges will increase between S.09 to
S.83 per family per year. The impact
analysis then compared these costs to
median family incomes and found that
no significant economic impacts would
occur. However, the impact analysis has
indicated that for one community user
costs could increase by S33.00 per family
per year.
Currently 36 POTWs subject to these
regulations have applied for 301(h)
variances. EPA has not yet begun to
issue decisions on section 301(h)
variance requests. However, much of the
information generated for purposes of
section 301(h) applications can be
utilized in determining compliance, with
the requirements of these regulations.
Furthermore, in recent years there has
been a trend towards centralization of
POTWs in many coastal areas. This
continued centralization will reduce the
number of ocean outfalls, thus lowering
total monitoring and user costs.
2. Industrial Dischargers
Industrial dischargers will face the
same type of compliance requirements
as POTWs. Monitoring and compliance
requirements for industrial dischargers
are dependent on the particular
geographic area as well as the
composition and volume of the effluent.
At the present time there are 74
industrial operations affected by this
regulation, discharging approximately
212 million gallons per day of effluent.
The Agency expects that small
industrial plants discharging non-toxic
pollutants will not be affected by this
regulation. EPA estimates 46 dischargers
will incur additional costs due to this
regulation, with a first year cost of S4.72
million, and annual costs of $3.52 million
in the following years.
An analysis was conducted for a
sample of industrial dischargers on both
the East and West Coasts to determine
the potential price increases that could
result due to this regulation. EPA
estimates that average unit prices for
products produced will generally
increase less than .1 percent to comply
with this regulation. No plant closures,
unemployment or other significant
economic impacts are expected due to
these requirements.

3. Federal Facilities

At the present time there are 31
federal facilities affected by this
regulation. These facilities are
discharging approximately 124 million
gallons per day of effluent into the
ocean. The greater part of the total, 75
million gallons per day, originates from
the strategic oil reserve construction site
on the Texas coast. The remaining 49
million gallons a day are from a variety
of small sources, e.g., Defense
Department and Coast Guard
installations. The Agency estimates that
four federal facilities discharging 102
million gallons per day will actually
incure additional costs from this
regulation. The total annual costs for
compliance under the proposed
regulation is expected to be
approximately S.476 million, with tne
largest proportion of this amount being
related to the construction of the United
States strategic oil reserve. EPA does
not expect any significant economic
impacts to occur due to expenditures by
these facilities.

4. Electric Utilities

The Agency does not expect any
significant costs to be incurred by
electric utilities. Compliance with the
present effluent limitation requirements
and with regulations implementing
section 316(a) of the Clean Water Act
are expected to result in compliance
with requirements in this regulation. The
Agency expects that monitoring for
chlorine discharges may be required at
some facilities. However, the cost of
such monitoring would not be
significant, and no economic impacts are
expected to occur.

5. Offshore Oil and Gas Operations

There are presently fewer than 30 oil
and gas platforms which are expected to
incur additional costs due to this
regulation. The Agency estimates that
7,582 exploratory and production wells
will be drilled between 1981-1985 with
approximately 835 (11 percent) expected
to incur additional costs resulting from
compliance with this regulation. The
Agency has based its assessment on the
assumption that compliance with
applicable NPDES permit requirements
will generally result in compliance with
these regulations for all oil and gas
wells except those located in areas of
.biological concern. Wells that cannot
meet the requirements of this regulation
through compliance with their NPDES
permit terms will be required to initiate
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Appendix B

Federal Register / Vol. 45. No. 194 / Friday October 3, 1980 / Rules and Regulations
65949
monitoring, testing, or changes in their
discharge practices.
The Agency's evaluation of the
economic effects of this regulation
assumed the installation of "zero
discharge" technologies in order to
evaluate the maximum possible impact
of these regulations. The cost of "zero
discharge" varies according to
geographic location, differences in
weather conditions, water depths,
biological communities, and other
similar factors. The economic analysis
groups wells into four regions—the
Atlantic Ocean, Gulf Ocean, West
Coast, and Alaskan waters.
The number of wells that would need
to make expenditures beyond those
required under existing NPDES permit
requirements was estimated from
Department of Interior data regarding
current and future lease tracts in the
ocean and from current trends in new
drilling. The estimates here project
activity from 1981-1985. Should the
amount of new drilling increase or
decrease beyond that time the annual
cost of this regulation would increase or
decrease proportionately.
It is estimated that the annual cost for
offshore oil and gas operations locating
in or near areas of biological concern
will incur compliance costs ranging from
seven to 23 million dollars per year
between 1981 and 1985. Costs for
various forms of monitoring are
expected to be less. There are numerous
alternatives which include process
changes, mud substitution and shunting
as potential compliance alternatives. A
number of combinations are possible,
depending on geographic location, water
depth, temperature and specific
biological life. For this reason only the
worst case, "zero discharge"
requirement is presented here.
The typical compliance cost per year
for each geographical area for the no
discharge alternative is presented
below. Costs for operations in the
Atlantic Ocean are expected to range
between .6 and 6.9 million dollars per
year, and Gulf of Mexico operations will
face costs ranging between 1 and 3.6
million dollars per year. Operations
located on the West Coast will face
costs ranging between 4.3 and 12.4
million dollars per year. However, the
California Ocean Plan requires outer
continental shelf operations to conform
to strict State requirements, which may
reduce the incremental compliance costs
under this regulation. Alaskan
operations will face compliance costs
ranging between 1.2 and 4.5 million
dollars per year.
Oil and gas prices at the well head are
not expected to be affected by this
regulation, since compliance costs
cannot be directly passed forward due
to various price controls. However, the
cost of this regulation may be
manifested in reduced bids for new
lease tracts. The net effect of this
regulation would be a loss in future
revenues to the federal government in
the amount which this regulation costs
the oil industry.
Dated: September 26.1980.
Douglas M. Costle,
Administrator.
Appendix A—Public Comments
The following parties responded with
comments regarding the February 12,
1980 Ocean Discharge Criteria
postmarked on or before the April 28,
1980 close of the public comment period:
Charles A. Lunsford, Commonwealth of
Virginia, State Water Control Board;
State of Hawaii, Dept. of Health; County
of San Diego, Community Services
Agency, Dept. of Sanitation & Flood
Control: City of Los Angeles, California
Dept. of Public Works: Menasha
Corporation; National Manufacturing
Company; Commonwealth of Virginia,
State Water Control; County Sanitation
Districts of Los Angeles County; Crown ,
Zellerbach Environmental Services;
Kaiser Aluminum & Chemical
Corporation; Boise Cascade, Paper
Group; Davies Hamakua Sugar
Company; Dept. of Health, Education &
Welfare, Public Health Service;
Hawaiian Sugar Planters' Association;
Hilo Coast Processing Company;
Netarts-Oceanside Sanitary District;
International Paper Company; State of
Alaska, Dept. of Fish & Game;
Commonwealth of Virginia, Hampton
Roads Sanitation District; Marathon Oil
Company, Production Operations; San
Francisco Wastewater Program, City
and County of San Francisco, California;
U.S. Cape May County Municipal
Utilities Authority, New Jersey; Dept. of
the Army, South Atlantic Division,
Corps of Engineers; State of California,
Resources Agency, Dept. of Fish and
Game; National Fisheries Institute, Inc.,
Natural Resources Defense Council, Inc.,
Sussex County Council, Georgetown,
Delaware; American Paper Institute/
National Forest Products Association,
Environmental Program, Houston
Audubon Society; Texas Eastern
Transmission Corporation; State of
Delaware, Department of Natural
Resources and Environmental Control,
Division of Environmental Control;
Department of the Air Force,
Engineering and Serivce Center; Star-
Kist Foods, Inc.; State of California,
Resources Agency, State Water
Resources Control Board; Office of the
Assistant Secretary of Defense, Energy,
Environment and Safety; the Ocean
County Utilities Authority, New Jersey,
National Wildlife Federation;
Department of the Army, Office of the
Chief of Engineers; Shell Oil Company;
Texaco, Inc., American Cyanamid
Company; Atlantic Richfield Company;
E. I. du Pont de Nemours and Company,
Inc.; Public Service Company of New
Hampshire; Chevron U.S.A., Inc.,
Environmental Affairs; Commonwealth
of Puerto Rico, Puerto Rico Aqueduct
and Sewer Authority; Exxon Company,
U.S.A.; Offshore Operators Committee,
Southern California Edison Company;
Virgin Islands Rum Industries, Ltd.,
Fried, Frank, Harris, Shriver &
Kampelman; Chevron U.S.A. Inc.,
Pillsbury, Madison & Sutro; City of
Watsonville, California; Conoco, Inc.;
Conservation Law Foundation of New
England, Inc.; Mobil Oil; Corporation;
Western Oil & Gas Association; Alaska
Lumber and Plup Company, Inc.,
Robertson, Monagle, Eastaugh &
Bradley; American Petroleum Institute;
Cody Biggs; Chemical Manufacturers
Association, Covington & Burling; City
of Skagway, Alaska, Robertson,
Monagle, Eastaugh & Bradley; Columbia
Gas System Service Corporation;
Department of Energy; Gulf Oil
Exploration & Production Company;
National Food Processors Association;
Pacific Legal Foundation; Phillips
Petroleum Company; Tuna Research
Foundation, Inc.; Union Oil Company of
California; U.S. Department of
Commerce, National Oceanic and
Atmospheric Administration,
Environmental Research Laboratories;
Natural Resources Defense Council, Inc.;
U.S. Fish & Wildlife Service, Alaska
Area Office; Utility Water Act Group,
Hunton, & Williams; Department of
Water & Power, the City of Los Angeles,
California; U.S. Department of the
Interior, Geological Survey.
The following parties responded with
comments postmarked after the April 28,
1980 close of public comment period:
U.S. Department of the Interior;
Chevron, U.S.A., Pillsbury, Madison &
Sutro; University of Southern Maine for
State Planning Office, State of Maine;
Monmouth County Board of Health,
New Jersey; State of Maine, State
Planning Office; Western Oil and Gas
Association.
The following parties testified at the
March 21,1980 hearing: George P. Haley,
Chevron USA; Frank Parker,
Coordinator, Environmental and
Government Affairs Chevron USA;
Elizabeth F. Kroop, Counsel for the
National Wildlife Federation; Walter J.
Zizik, Project Coordinator, South
Monmouth Regional Sewerage
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65950
Appendix B

Federal Register / Vol. 45. No. 194 / Friday, October 3, 1980 / Rules and Regulations
Authority; Curt D. Rose. Manager,
Aquatic Sciences Division, Energy
Resources Company: Frank Melone,
Southern California Edison Company;
William A. Anderson. Attorney, Utility
Water Act Group; Joseph F. Dietz,
Coordinator of Environmental Affairs,
San Diego Gas and Electric Company;
Edward G. Gladbach, Civil Engineer,
Department of Water and Power, City of
Los Angeles: Peter Holmes, Research
Assistant. Atlantic Coast Project,
Natural Resources Defense Council.

Appendix B—Response to Public
Comments
1. Comment. The Agency received
several public comments questioning the
accuracy of the inventory in the
proposal and noting that there was
uncertainty over the exact location of
the baseline marking the landward
boundary of the territorial seas,
particularly in parts of Alaska, Florida,
Puerto Rico, Oregon and Washington.
Response. Even where the baseline
has not been plotted, there are available
nautical charts for the various bays and
harbors in question. The Office of the
Geographer in the Department of state is
responsible for the charts plotting
closing lines across islands and
shoreline markers depicting the baseline
of the territorial sea. That office is
assisted by the Interagency Baseline
Committee, chaired by the Department
of State, with other members coming
from the National Oceanic and
Atmospheric Administration, the Coast
Guard, and the Departments of Justice
and the Interior. The Committee meets
several times a year to make baseline
determinations.
To facilitate the ongoing
implementation of section 403, EPA has
identified dischargers whose coverage
under that provision is in question, due
to uncertainty concerning the location of
the baseline. The Agency has submitted
a written rquest to the Department of
State and the Interagency Baseline
Committee for a determination whether
these dischargers are outside the
baseline of the territorial seas and thus
subject to section 403. EPA will continue
to seek determinations when NPDES
permits are issued, modified, or
reissued, where there is doubt as to
whether a discharger is within the
purview of section 403.
2. Comment. One commenter stated
that while it appeared that the Agency
intended for coastal electric utilities to
be subject to the regulations, these
plants were not counted among the 71
land-based industrial dischargers.
Response! Electric utilities outside the
baseline are covered by this regulation
and EPA. in response to the comment.
confirmed this with representatives of
the affected industry during the public
comment period. The Agency also
extended the comment period by thirty
days, at the request of this commenter
and others, to allow additional time for
submission of comments on the
proposal.
The Agency has identified 25 covered
plants, which are included in the cost
and economic impact analysis for the
regulation. In addition, EPA has updated
the inventory of subject marine
dischargers. As the preamble notes, the
number of land-based dischargers
subject to section 403 is limited. The
updated inventory identifies 232 such
dischargers..including 102 POTWs, 74
industrial facilities, 25 steam electric
utilities, and 31 federal facilities. These
figures do not include dischargers in
Alaska whose location relative to the
baseline defining the boundary of the
territorial seas has not been established.
However, the Agency believes that most
of these dischargers are small and that
any environmental or economic impacts
would be minimal. The Agency also
estimates that there are some 3,000
subject offshore oil and gas platforms.
3. Comment. A number of commenters
stated that under the proposed
regulation, ocean dischargers might be
subject to more stringent controls and,
accordingly, might incur higher costs
than would dischargers into potentially
more sensitive estuarine and freshwater
systems where the assimilative capacity
of the body of water may be less than in
the oceans and the potential impact of
pollution on the ecosystem greater.
Response. As the preamble to the
regulation notes, the Clean Water Act
limits the coverage of section 403 to
dischargers into waters seaward of the
baseline marking the territorial seas.
This additional assurance of protection
and its limitation to the waters of the
territorial seas, the contiguous zone, and
the oceans is, therefore, a matter of
Congressional mandate. EPA has
designed its regulations to provide this
protection, as Congress has directed. As
to the question of costs, the Agency
anticipates that in most cases,
technology-based effluent limitations
required under other provisions of the
Act will be adequate in themselves to
afford the necessary protection for the
marine environment. As to freshwater
and estuarine systems, the Agency
agrees that these waters must be
protected also; the statutory authority to
accomplish this, however, rests in other
sections of the Act and in other
environmental statutes.
4. Comment. A number of commenters
suggested that the ocean discharge
criteria should merely have the effect of
guidelines, rather than regulatory
requirements, and should provide
flexibility and allow for discretion on
the part of the director to apply
appropriate portions of the guidelines to
the situation of an individual discharger.
Response. As noted in the preamble,
these regulations, although from time to
time described as "guidelines" or
"criteria" to avoid repetition, establish
mandatory requirements authorized by
section 403(c). Whatever the
terminology, they have the effect of
mandatory regulations because, at any
time that promulgated guidelines are in
effect, no NPDES permit may be issued
"except in compliance with such
guidelines." Nevertheless, the regulation
provides the permit writer flexibility in
tailoring information requests and
permit conditions to the circumstances
of individual dischargers, based on local
conditions.
5. Comment. Several commenters
expressed the concern that while the
proposed regulation required a permit
applicant to demonstrate to the director
that its discharge would have no
unreasonable adverse impact on the
environment, or that adequate toxics
control and monitoring programs were
in place, the proposal failed to tell the
applicant how to make such a
demonstration.
Response. In order to ensure "that
applicants will receive adequate
guidance, the final regulation has been
clarified to require that the director
inform an applicant of any specific
information that must be supplied. In
addition, in an attempt to minimize the
information collection obligation of
applicants, the final regulation provides
that the director may consider
information already available to him in
making the determinations required
under § 125.123(a), (b), or (c).
6. Comment. Several commenters
suggested that, for the territorial seas,
the purposes of section 403 were being
served already by State water quality
standards required under section 303
and by technology-based effluent
limitations under sections 301 and 304 of
the Clean Water Act. Another
commenter stated that pretreatment
programs required under section 307
should also ensure protection of the
marine environment.
Response. The Agency agrees that
State water quality standards,
technology-based limitations and
pretreatment programs are all necessary
to protect the marine environment.
While in most instances discharges in
compliance with such standards, limits,
and programs will also be determined to
pass the "no unreasonable degradation
test in these regulations, there may be
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Appendix B

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65951
^stances where this will not be the
case. For example, there may be
instances where no State water quality
standards have been established for
specific pollutants being discharged.
Further. State water quality standards
do not generally apply beyond the limits
of the territorial seas, while the section
403 criteria apply also to the contiguous
zone and the oceans. In addition, there
nay be instances in which technology-
based controls will not be sufficient to
assure protection of a particular marine
environment, necessitating more
stringent controls to assure that the
section 403 criteria are met. Such may
also be true of pretreatment programs;
while the director may consider the
effectiveness of a given pretreatment
program in making the "unreasonable
degradation" determination, he should
not assume that the existence of
pretreatment ensures protection of the
marine environment for purposes of
section 403.
7. Comment. Several commenters
stated that while the proposed
regulation differentiated special "areas
of biological sensitivity" to assure those
areas were not adversely affected, the
regulation failed to adequately define
what constitutes such areas. Another
commenter suggested that the term
should be replaced by "areas of
biological concern" because "biological
sensitivity" connotes a narrow concern
for unique or fragile ecosystems. The
commenter suggested that the emphasis
of the regulation should be on
unwarranted ecological damage
regardless of the biological sensitivity of
the area.
Response. The scope of this regulation
is broader than protecting only those
areas that are termed "sensitive"; as in
the proposed regulation, these
guidelines seek to prevent unreasonable
degradation of the marine environment
regardless of where the discharge
occurs. Although the regulation no
longer attempts to classify areas as
"sensitive" or "nonsensitive", the
location of the discharge is an important
element in determining the level of
control necessary to prevent such
degradation. Section 125.122 identifies
for the director a number of factors
relating to the biology of the local
community which are important in
assessing the impact of a discharge.
8. Comment. A substantial number of
comments submitted on behalf of
various dischargers suggested that the
dischargers in question—including small
POTWs, electric utilities, seafood
processors, Alaskan logging operations,
and offshore oil and gas exploration and
Production wells—should be exempt
from the requirements of section 403.
Several commenters made the argument,
in some cases based on submissions of
technical data and reports, that their
discharges already were subject to
controls adequate to protect the marine
environment. Some stated that their
discharges resulted in only de minimus
effects on the environment. Some stated
that compliance with various provisions
of the proposal would result in economic
hardship.
Response. EPA has concluded that
there is no basis for categorically
exempting classes of subject dischargers
from the coverage of section 403. While
the data submitted by some commenters
may be useful in determining whether a
particular discharge will meet the
"unreasonable degradation" test, it does
not provide a basis for such a blanket
exemption. However, while a permit
writer is not precluded from seeking
additional site-specific information, the
submission of large quantities of data
for particular dischargers or classes of
dischargers makes it unlikely that a
permit writer will find it necessary to
require these applicants to submit any
substantial quantity of additional data.
Similarly, in the cases of small POTWs
and others where the discharge is
expected to have only a minimal impact,
the flexibility which the final regulation
provides will allow the permit writer to
take this situation into.account, rather
than mandating a rigid across-the-board
application of all requirements, with
their associated costs.
9. Comment. Several commenters
suggested that POTWs granted section
301(h) variances from secondary
treatment requirements should be
exempt from section 403 because of
significant similarities in the two
provisions. Another commenter,
however, stated that section 301(h)
contains no analogue to section
403(c)(l)(F) or (G) and asserted that
toxic pollutants are not adequately
controlled under section 301(h).
Response. Despite differences in
statutory language, sections 403 and
301(h) share similar objectives in
seeking to assure protection of the
marine environment, and the respective
determinations whether those objectives
have been met under each provision is
based on similar information. Section
301(h)(2) requires that a successful
applicant for a variance demonstrate,
among other things, that "such modified
requirements will not interfere with the
attainment or maintenance of that water
quality which assure protection of
public water supplies and the protection
of shellfish, fish, and wildlife, and
allows recreational activities in and on
the water." Section 125.61 of EPA's
section 301(h) regulations requires full
and detailed descriptions of the physical
characteristics of the discharge, its
biological impact on the marine
environment, and its impact on public
water supplies and recreation. Given
therefore that a successful section 301(h)
applicant will have collected and
presented substantial amounts of data
on the effect of its discharge on the
marine environment, including its
inhabitants and uses, the final ocean
discharge regulations provide that a
successful section 301(h) demonstration
creates a rebuttable presumption that an
applicant will satisfy the section 403(c)
guidelines as well. While a permit writer
is not precluded from placing additional
requirements on such an applicant under
these regulations, it is unlikely that this
will be necessary in light of the through-
going demonstration the applicant has
made for purposes of section 301(h).
This approach is consistent with
legislative history to the effect that
section 301 (h) applicants must comply
also with section 403. This language
indicates that Congress did not intend
for section 403 to become a dead letter
with the subsequent enactment of
section 301(h). Unlike the approach of
those commenters who sought to make
compliance with section 403 automatic
for an applicant who had obtained a
section 301(h) variance, the "rebuttable
presumption" approach does not treat
section 403 as redundant. Nor, however,
does it impose a redundant data-
gathering task on successful section
301(h) applicants either, taking account
as it does of the unmistakable
similarities in the showings required
under the two provisions.
The Agency disagrees with the
comment that the toxic control
provisions of the section 301(h)
regulations are not adequate. Moreover,
if a permit writer determines that toxic
pollutants in the discharge of a
successful section 301(h) applicant are
not adequately controlled for purposes
of section 403, he can require additional
controls or, if necessary, require zero-
discharge permit terms for those
pollutants.
10. Comment. Several commenters
suggested that coastal steam electric
utility plants granted a variance under
section 316(a) of the Act should be
exempt from demonstrating compliance
with section 403, on the grounds that the
demonstration necessary for obtaining a
section 316(a) variance provides the
requisite assurance that the marine
environment is protected for purposes of
section 403(c).
Response. To obtain a section 316(a)
variance, an applicant must demonstrate
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Appendix 6
Federal Register / Vol. 45, No. 194 / Friday, October 3, 1980 / Rules and Regulations
that effluent controls on its thermal
discharge will be sufficient to assure the
protection and propagation of a
balanced indigenous population of
shellfish, fish and wildlife in and on the
water. The Agency agrees that in most
cases the demonstration required of a
successful section 316(a) applicant will
be sufficient to allow the permit writer
to conclude that there will be no
unreasonable degradation of the marine
environment due to excess heat. While
on the reasoning set out in the previous
response successful section 316(a)
applicants will not be exempt from
section 403, the regulation provides that
a successful section 316(a) application
creates a rebuttable presumption of
compliance with section 403(c) for the
thermal component of the discharge.
11. Comment. Commenters also
suggested that those publicly-owned
treatment works which installed
secondary treatment should be exempt
from requirements under section 403.
Response. Limitations established
pursuant to section 403 are a supplement
to technology-based limitations such as
secondary treatment for POTWs, and no
class of a discharger is exempt from
compliance with these regulations.
However, it is likely that secondary
treatment will generally be adequate to
satisfy section 403 requirements where
there is adequate pretreatment by
industrial sources and whers the POTW
is not discharging into areas of
biological concern.
12. Comment. As noted above, some
commenters asserted that the ocean
discharge criteria should merely be
guidelines providing information to the
permit writer. Other commenters,
however, stated that the guidelines
should require that a discharge pass a
quantitative test, such as the bioassay
requirements used in the ocean dumping
regulations, and comply with State and
EPA water quality criteria as a
prerequisite to permit issuance.
Response. The Agency has revised the
proposed regulation to allow necessary
flexibility to the director in assessing
both the impact of a discharge and
permit limitations. However, the
regulation does impose minimum permit
limitations, including a bioassay-based
limitations, in areas where the long
range impact of a discharge is not fully
understood. This approach should
provide certainty and consistency in
permit limitations in areas where the
determinations by the permit writer
would be the most difficult and complex.
Discharges into the territorial seas
must comply with any applicable state
water quality criteria. However, the Act
generally does not provide for the
application of these criteria to the
contiguous zone and oceans. Although
the Act establishes a complete water
quality program for State waters based
on designated uses and supporting
criteria, no such scheme exists for
marine waters beyond State jurisdiction.
The 403(c) regulation is consistent with
the Agency policy outlined in the section
301(h) regulations (44 FR 34810-34811),
and will utilize water quality criteria
published pursuant to section 304{a)(l),
as they are developed, as a basis for
assessing the environmental impact of
such pollutants.
13. Comment. Several commenters
asserted that, under the proposed
regulation, no predischarge
determination was required by the
director to assure that the marine
environment was protected. Instead,
commenters stated, the proposed
regulation relied on post discharge
monitoring.
Response. Under the final regulations,
no discharge of pollutants may be
authorized unless, before permit
issuance, the director has sufficient
information to make a reasonable
determination that there will be no
irreparable harm to the environment
while monitoring is undertaken to
determine if there will be unreasonable
degradation. In addition the permit must
specify certain mandatory limitations.
14. Comment. The Agency received
numerous comments regarding the
monitoring requirements outlined in
section 125.127 of the proposed
regulation. The major issue raised was
that the monitoring requirements should
be as flexible as possible providing an
applicant a clear description of the
information he must provide.
Commenters suggested that the rigor ofi
the monitoring program should be
tailored to site-specific conditions such
as the nature and location of the
discharge. In addition, a number of
commenters stated that compliance with
the proposed monitoring requirements
would result in severe economic
hardship for small dischargers. It was
suggested that the latter, especially
small POTWs, be exempted from the
monitoring requirements.
Response. As discussed in the
preamble, these regulations have been
revised to allow the permit writer to
request from the applicant only that
information necessary to make
judgments required by the guidelines. In
some cases this will involve monitoring
programs, and the director will work
with the applicant in identifying specific
information that must be supplied as
part of the permit application process.
Since no discharge may be allowed
which would result in unreasonable
degradation of the marine environment,
and since the permit writer must be
afforded the means to make the
necessary determinations under these
regulations, EPA has concluded that it
may not exempt categories of
dischargers, even small dischargers,
from monitoring requirements as an
initial matter. Nevertheless, the final
regulations do not require monitoring in
all cases, and, where monitoring is
necessary, provide for flexibility in
fashioning site specific requirements.
Although any monitoring that may be
necessary will depend on the nature and
location of the discharge in question.
small dischargers generally are not
expected to incur significant economic
costs as a result of this regulation.
15. Comment. Several commenters
suggested that, in light of the similarities
between section 403(c) of the Clean
Water Act and section 102(a) of the
Marine Protection, Research and
Sanctuaries Act, the. ocean discharge
criteria should be similar to the ocean
dumping regulations.
Response. EPA recognizes that in
section 403(c) of the Clean Water Act
and section 102(a) of the Marine
Protection. Research, and Sanctuaries
Act, Congress adopted similar although
not identical provisions. Hence, in the
regulations implementing the respective
statutes, similar criteria may be
appropriate.
EPA first promulgated ocean dumping
criteria in 1973; those criteria were
amended in 1977. Initially, the
regulations served as joint regulations
for the CWA and the MPRSA. Since
promulgation of the ocean dumping
regulations, however, EPA has received
a number of comments based on those
regulations. In addition, increasing data
has become available in respect to the
environmental impact of disposing of
material at various locations in the
ocean, by various methods.
The ocean discharge regulations being
promulgated today are based on the
latest data and information available to
EPA, and the Agency believes these
regulations are consistent with the CWA
and with current scientific and technical
knowledge. Various factors, including
the MPRSA comments and the new
data, suggest that it may now be
appropriate for EPA to review the ocean
dumping regulations as well. Such a
review may provide further insights on :
an appropriate overall approach for
protecting the ocean; and
inconsistencies which may exist
between the current sets of regulations
can be resolved in the context of that
action. However, in addition to any
statutory distinctions, differences in uw
manner of disposal and the types of .
pollutants discharged may warrant
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\ooendix B
Federal Register / Vol. 45. No. 194 / Friday October 3, 1980 / Rules and Regulations
65953
Different regulatory approaches under
jhese two statutes.
16, Comment. Several commenters
niegested that dischargers who were not
causing unreasonable degradation of the
nanne environment should not be
-quired to assess the availability of
alternatives. _
Response. The proposed regulation
jjt» been modified to require the
usesjment of reasonable alternatives
only where the director cannot
(Jeterraine whether the discharge will
cat^e unreasonable degradation of the
jjjrine environment. In cases where the
director determines that the discharge
will not cause such degradation, an
NPDES permit may be issued
notwithstanding the availability of an
illemative to ocean disposal.
Although the Clean Water Act
contains as an ultimate goal the
complete elimination of the discharge of
pollutants, the water quality provisions
of Ihe Act. including sections 303 and
403, dq not require that discharges into
either inland or offshore waters be
prohibited in the absence of
unreasonable water quality impacts.
. 17. Comment. Several commenters
expressed concern that the requirements
{or general permits, specified in section
125.129 of the proposed regulation, were
aot consistent with the requirements fof
Individual permits*.
Response. Section 125.129 has been
deleted from the final regulation, and
lt« director is required to make the
uzne determinations when issuing
either general or individual permits.
18. Comment. A few commenters
objected to language in the preamble of
&e proposal to the effect that the
J*raiiUing authority would be free to
&aw on his own knowledge of
conditions in the vicinity of an outfall in
Determining whether a discharge
xJversely affected the marine
*nvironment. These commenters
expressed the "due process" concern
"•' this language allowed the
nitling authority to issue permits on
basis of information not made
to the permittee and not in the
Mministrative record.
e. The language in question
**« not appear in the final regulation or
nits preamble. While the regulation
Provides that the director make the
"tlerminatlons under §.125.123(a), [b),
? w) on the basis of "available
^formation." that language was added
* response to the suggestion of
oamerous commenters that permit
*PP!icants should not be required for
P^Poses of Section 403 to resubmit data
"fitch was already available to the
•""nit writer.
19. Comment. EPA received comment
to the effect that the reference in the •
proposed regulations to schedules
allowing additional time for compliance
with Section 403'requirements should be
limited to existing dischargers,
consistent with the provisions of the
NPDES regulations.
Response. Section 125.123(d)(3) of the
final regulation provides for "schedules
of compliance for existing dischargers,"
as suggested above.
20. Comment. The Agency received
several comments regarding the mixing
zone analysis as described in § 125.123.
Some commenters suggested that the
models identified by the Agency in the
proposal would not be appropriate for
all types of discharge. Other
commenters suggested that the Agency
should use the ocean dumping mixing
zone definition.
Response. The mixing zone analysis
in the final regulations is intended for
use in calculating whether the limiting
permissible concentration is violated in
instances where bioassay analysis is
required. The proposed regulation
required a mixing zone analysis for all
.dischargers to assure that, following
initial dilution, the discharge was
dispersed so as not to adversely affect
areas of biological sensitivity. As noted
previously, this requirement has been
deleted from the final regulation. In the
final regulation, a mixing zone analysis
is required only in those instances
where the director cannot determine
that unreasonable degradation will not
occur and where a bioassay analysis is
required.
The mixing zone definition in these
regulations is consistent with the ocean
dumping mixing zone definition
identified in the EPA/Corps of Engineers
technical manual, with some
modifications to account for the
differences in the nature of discharged
wastes versus those which are dumped.
The ocean dumping mixing zone was
devised primarily to facilitate analysis
of impacts from intermittent discharges
from moving vessels, whereas the 403(c)
regulations are intended to facilitate
analysis of continuous discharges from
stationary sources. The final regulation
also allows the discharger to use
alternative methods for determining the
mixing zone where scientific evidence
demonstrates they are appropriate and
where EPA concurs.
A new Subpart M is added to read as
follows:

Subpart M—Ocean Discharge Criteria

Sec.
125.120 Scope and purpose. '
125.121 Definitions.
Sec.
125.122 Determination of unreasonable
degradation of the marine environment.
125.123 Permit requirements.
125.124 Information required to be
submitted by applicant.
§ 125.120 Scope and purpose.
This subpart establishes guidelines for
issuance of National Pollutant Discharge
Elimination System (NPDES) permits for
the discharge of pollutants from a point
source into the territorial seas, the
contiguous zone, and the oceans.
§ 125.121 Definitions.
(a) "Irreparable harm" means
significant undesirable effects occurring
after the date of permit issuance which
will not be reversed after cessation or
modification of the discharge.
(b) "Marie environment" means that
territorial seas, the contiguous zone and
the oceans.
(c) "Mixing zone" means the zone
extending from the sea's surface to
seabed and extending laterally to a
distance of 100 meters in all directions
from the discharge point(s) or to the
boundary of the zone of initial dilution
as calculated by a plume model
approved by the director, whichever is
greater, unless the director determines
that the more restrictive mixing zone or
another definition of the mixing zone is
more appropriate for a specific
discharge.
(d) "No reasonable alternatives"
means: (1) No land-based disposal sites,
discharge point(s) within internal
waters; or approved ocean dumping
sites within a reasonable distance of the
site of the proposed discharge the use of
which would not cause unwarranted
economic impacts on the discharger, or,
notwithstanding the availability of such
sites,
(2) On-site disposal is
environmentally preferable to other
alternative means of disposal after
consideration of: (i) The relative
environmental harm of disposal on-site,
in disposal sites located on land, from
discharge point(s) within internal
waters, or in approved ocean dumping
sites, and
(ii) The risk to the environment and
human safety posed by the
transportation of the pollutants.
(e) "Unreasonable degradation of the
marine environment" means: (1)
Significant adverse changes in
ecosystem diversity, productivity and
stability of the biological community
within the area of discharge and
surrounding biological communities,
(2) Threat to human health through
direct exposure to pollutants or through
consumption of exposed aquatic
organisms, or
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Federal Register / Vol. 45. No. 194 / Friday, October 3. 1980 / Rules and Regulations
(3) Loss of esthetic, recreational,
scientific or economic values which is
unreasonable in relation to the benefit
derived from the discharge.

§ 125.122 Determination of unreasonable
degradation of the marine environment.
(a) The director shall determine
whether a discharge will cause
unreasonable degradation of the marine
environment based on consideration of:
(1) The quantities, composition and
potential for bioaccumulation or
persistence of the pollutants to be
discharged;
(2) The potential transport of such
pollutants by biological, physical or
chemical processes;
(3) The composition and vulnerability
of the biological communities which
may be exposed to such pollutants,
including the presence of unique species
or.communities of species, the presence
of species identified as endangered or
threatened pursuant to the Endangered
Species Act, or the presence of those
species critical to the structure or
function of the ecosystem, such as those
important for the food chain;
(4) The importance of the receiving
water area to the surrounding biological
community, including the presence of
spawning sites, nursery/forage areas,
migratory pathways, or areas necessary
for other functions or critical stages in
the life cycle of an organism.
(5) The existence of special aquatic
sites including, but not limited to marine
sanctuaries and refuges, parks, national
and historic monuments, national
seashores, wilderness areas and coral
reefs;
(6) The potential impacts on human
health through direct and indirect
pathways;
(7) Existing or potential recreational
and commercial fishing, including
finishing and shellfishing;
(8) Any applicable requirements of an
approved Coastal Zone Management
plan;
(9) Such other factors relating to the
effects of the discharge as may be
appropriate;
(10) Marine water quality criteria
developed pursuant to section 304(a)(l).
[b) Discharges in compliance with
sections 301(g), 301(h), or 316(a)
variance requirements or State water
quality standards shall be presumed not
to cause unreasonable degradation of
the marine environment, for any specific
pollutants or conditions specified in the
variance or the standard.

§ 125.123 Permit requirements.
(a) If the director on the basis of
available information including that
supplied by the applicant pursuant to
§ 125.124 determines prior to permit
issuance that the discharge will not
cause unreasonable degradation of the
marine environment after application of
any necessary conditions specified in
§ 125.123(d), he may issue an NPDES
permit containing such conditions.
(b) If the director, on the basis of
available information including that
supplied by the applicant pursuant to
§ 125.124 determines prior to permit
issuance that the discharge will cause
unreasonable degradation of the marine
environment after application of all
possible permit conditions specified in
§ 125.123(d), he may not issue an NPDES
permit which authorizes the discharge of
pollutants.
(c) If the director has insufficient
information to determine prior to permit
issuance that there will be no
unreasonable degradation of the marine
environment pursuant to § 125.122, there
shall be no discharge of pollutants into
the marine environment unless the
director on the basis of available
information, including that supplied by
the applicant pursuant to § 125.124
determines that: (1) Such discharge will
not cause irreparable harm to the
marine environment during the period in
which monitoring is undertaken, and
(2) There are no reasonable
alternatives to the on-site disposal of
these materials, and
(3) The discharge will be in
compliance with all permit conditions
established pursuant to paragraph (d) of
this section.
(d) All permits which authorize the
discharge of pollutants pursuant to
paragraph (c) of this section shall: (1)
Require that a discharge of pollutants
will: (A) following dilution as measured
at the boundary of the mixing zone not
exceed the limiting permissible
concentration for the liquid and
suspended particulate phases of the
waste material as described in section
227.27(a) (2) and (3), section 227.27(b),
and section 227.27(c) of the Ocean
Dumping Criteria; and (B) not exceed
the limiting permissible concentration
for the solid phase of the waste material
or cause an accumulation of toxic
materials in the human food chain as
described in sections 227.27 (bj and (d)
of the Ocean Dumping Criteria;
(2) Specify a monitoring program,
which is sufficient to assess the impact
of the discharge on water, sediment, and
biological quality including, where
appropriate, analysis of the
bioaccumulative and/or persistent
impact on aquatic life of the discharge;
(3) Contain any other conditions, such
as performance of liquid or suspended
particulate phase bioaccumulation tests,
seasonal restrictions on discharge.
process modifications, dispersion of
pollutants, or schedule of compliance for
existing discharges, which are
determined to be necessary because of
local environmental conditions, and
(4) Contain the following clause: In
addition to any other grounds specified
herein, this permit shall be modified or
revoked at any time if, on the basis of
any new data, the director determines
that continued discharges may cause
unreasonable degradation of the marine
environment.

§ 125.124 Information required to be
submitted by applicant
The applicant is responsible for
providing information which the director
may request to make the determination
required by this subpart. The director
may require the following information as
well as any other pertinent informaton:
(a) An analysis of the chemical
constituents of any discharge;
(b) Appropriate bioassays necessary
to determine the limiting permissible
concentrations for the discharge;
{c) An analysis of initial dilution;
(d) Available process modifications
which will reduce the quantities of
pollutants which will be discharged;
(e) Analysis of the location where
pollutants are sought to be discharged,
including the biological community and
the physical description of the discharge
facility;
(f) Evaluation of available alternatives
to the discharge of the pollutants
including an evaluation of the possibility
of land-based disposal or disposal in an
approved ocean dumping site.
[FR Doc. 80-30723 Filed 10-2-80:8:45 am)
BILLING CODE 6560-O1-M
U.S. GOVERNMENT PRINTING OFFICE: 1994 — 5
15-003 /01006
B-15
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You are now in HELP mode. Click on any control for information on what that control does.

Click in any text box to dismiss it from view. -- Click the Question Mark again to return to normal operation.

Selecting this entry will take you to a page where you can search this site for other documents you might need.

Selecting this entry will take you to the Advanced search page. This provides more control over what documents will be selected, how many results are returned, how the search will be carried out and numerous other features.

Selecting this entry will take you to the Fields search page. This will let you emphasize the importance of the selected field query rather than the usual full text search.

This will link you to a series of pages that represent a catalog of the full content of the repository. Some prefer this method when searching titles as it permits the use of the browsers search capability. These pages can be rather large.

This is the button that takes you to the previous page of the current document (or the previous sequence of pages if there are multiple pages of context selected)

This entry location shows the current page number (or first page of the group of pages currently loaded) and provides the opportunity to jump to any page in the current document. Just enter the page number here...

This entry location shows the number of pages to be loaded for display at one time. The default is 1 but is user selectable up to 20. The number of pages can be selected by moving the bottom slider until it reflects the desired quantity or enter the page number here...

The number of pages loaded will also be displayed in the upper right of the window.

This is the button that takes you to the previous page of the current document (or the previous sequence of pages if there are multiple pages of context selected)

This button finds your current search term(s) in the first page prior to this one and displays that page with all search terms on the page highlighted

This button is used to select the document preceding the current one in the results list. If there is another document in the results list before this one, the first page of that document will be displayed, if not, the first page of this document will be displayed.

This button will cause the image displayed to be enlarged, when possible.

This button will cause the image displayed to be reduced in size, when possible.

This is the button that takes you to the next page of the current document (or the next sequence of pages if there are multiple pages of context selected)

This button finds your current search term(s) in the first page following this one and displays that page with all search terms on the page highlighted

This button is used to select the document following the current one in the results list. If there is another document in the results list after this one, the first page of that document will be displayed, if not, the first page of this document will be displayed.

By selecting one of the entries associated with this countrol you can select the number of pages of context to be displayed. Once selected, each step through the document will advance by this number of pages

Entering a value here and clicking the button or pressing enter will display the page at the page count entered

This tool will use the content of the current document to create another search to try to locate additional documents that address the same topics as this one. Note: When the results list is generated in response to this control, the terms selected will appear at the top of the list. If the results list is too small, try copying the terms for a new search but eliminate any that seem too restrictive. To further restrict a large results list, try using the Search Cloud feature available in the results list display.

This will take you to the current results list. If you have changed your search terms using the "Search in document" feature, your results list may be different than the one that got you here!

The NEPIS system will provide the current document packaged as a Multipage TIFF in a new window. This format can be useful if you have Microsoft's document imaging, as that application can OCR the document delivered, making it searchable without using the NEPIS system.

The NEPIS system will provide the current document packaged as a PDF in a new window. Some PDFs are documents that were created in that format, others were created from the scanned images you see displayed online. Of this later type, some have been created in advance to expedite delivery, others are created at the time they are requested. If the one you request fits this last category, please be patient, as it may take several minutes for our servers to collect, package, format, and deliver the resulting document. The larger the document (either because of a large number of pages or color content) the longer the delivery time.

The NEPIS system will provide the full text of the document as seen by our OCR engine. Sometimes useful if you wish to access the text for 'cut and paste' references.

This control toggles the display of addtional metadata associated with each document. Click this to display information describing such things as publication number, document title, and etc., then again to remove that information from the display

This selection will save a link to this document in your document basket. You may use this to avoid searching for the document again in the future or, if available in hardcopy, you can use that entry to order the publication (all EPA Publications are free of charge)

By selecting this checkbox, keep the search terms already highlighted and simply add the new entry to the list.

This feature allows you change the focus of your search by selecting a new search term to be found in this document.

This feature allows you to alert EPA to a problem with the document or page you are viewing. Whenever posible, document images or structure will be repaired in response to these reports.

Entering your e-mail address ensures that we will be able to address the defect you found. It also allows us to notify you as to when and how the corrected document can be obtained.