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OFFICE OF SCIENCE
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Foreword
Water quality standards and criteria are the foundation for a wide range of programs
under the Clean Water Act. This strategy contains priority strategic actions that the
Office of Science and Technology will undertake in collaboration with other EPA offices,
states and authorized tribes over the next six years to strengthen and improve this foundation.
While developing this strategy, we were frequently reminded of the importance of a strong
standards and criteria program. Beginning in 2001, we held extensive listening sessions and
frank discussions with states, other partners and EPA staff to obtain information, views, and
ideas about needs for the water quality standards and criteria program. We also considered
the recommendations regarding standards and criteria in the National Research Council's
2001 report, Assessing the TMDL Approach to Water Quality Management, and from the
General Accounting Office's 2002 report, Improved EPA Guidance and Support Can Help
States Develop Standards That Better Target Cleanup Efforts. This strategy is designed to
carry out our mission under the Clean Water Act, to address the needs expressed by our
partners, and to support EPA's Strategic Plan. It also includes many changes in response to
public comments on the May 2002 draft.
The Office of Science and Technology will continue to work with its partners as we implement
the strategy, and some priority actions are already well underway. We will continue our
dialogue with partners as we track progress and adjust efforts each year to stay on the strategic
course we have set. Progress will be reported at http://www.epa.gov/waterscience/standards.
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Geoffrey H. Grubbs, Director
Office of Science and Technology
Strategy for Water Quality Standards and Criteria \
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Strategy for Water Quality Standards and Criteria
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Contents
Foreword i
Table of Contents iii
Disclaimer v
Executive Summary vii
Chapter 1—Developing the Strategy 1
Background 1
The Role of Standards and Criteria in Water Quality Programs 1
Partnerships to Improve the Program 2
Scope of this Strategy 3
How this Strategy Was Developed 3
Strategic Themes 5
Setting Priorities 6
Chapter 2—Priority Strategic Actions 7
Highest Priorities 7
Next Priority Strategic Actions 18
Chapter 3—Implementing the Strategy 21
Roles of EPA Offices and Key Partners During Implementation 21
Future Strategy Refinements 23
Other Ongoing Program Activities 24
Chapter 4—Conclusion 25
Appendix One—Acronyms 27
Appendix Two—Acknowledgments 29
Appendix Three—Information Sources for this Strategy 31
Appendix Four—Strategic Actions to be Considered for
Future Priority Setting 34
Strategy for Water Quality Standards and Criteria iii
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iv Strategy for Water Quality Standards and Criteria
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Disclaimer
The discussion in this document entitled "Strategy for Water Quality Standards and Criteria:
Setting Priorities to Strengthen the Foundation for Protecting and Restoring the Nation's
Waters" is intended solely as a planning document for the Office of Science and Technology
within EPA's Office of Water. The statutory provisions and EPA regulations described in this
document contain legally binding requirements. This strategy is not a regulation itself, nor
does it change or substitute for those provisions and regulations. Thus, it does not impose
legally binding requirements on EPA, states, tribes, or the regulated community. This strategy
does not confer legal rights or impose legal obligations upon any member of the public.
While we have made every effort to ensure the accuracy of the discussion in this strategy, the
obligations of the regulated community are determined by statutes, regulations, or other legally
binding requirements. In the event of a conflict between the discussion in this strategy and
any statute or regulation, this document would not be controlling.
This is a living document and may be revised periodically without public notice. We welcome
public input on this document at any time. The general descriptions provided here may not
apply to a particular situation based upon the circumstances. Interested parties are free to
raise questions and objections about the substance of this document and the appropriateness
of the application of this document to a particular situation. EPA and other decision makers
retain the discretion to adopt approaches on a case-by-case basis that differ from those described
in this document where appropriate.
Strategy for Water Quality Standards and Criteria
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vi Strategy for Water Quality Standards and Criteria
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Executive Summary
Water quality standards and criteria are the regulatory and scientific foundation of programs
established under the Clean Water Act to protect the Nation's waters. As such, they are
among the most critical clean water programs. Due to the many new demands on the program,
and since the nature of water pollution problems and required solutions have changed
dramatically in recent years, water quality standards and criteria need to be made a high
priority and given a renewed focus. The water quality standards and criteria program needs
clear priorities to address these critical demands.
This strategy is the product of a wide-ranging review of the existing water quality standards
and criteria program within the context of all clean water programs. The review covered
clean water goals, mandates and authorities; EPA's current strategic goals for clean water and
other strategic planning efforts; and major needs of the current EPA standards and criteria
program and key programs linked to it including water quality monitoring, total maximum
daily loads (TMDLs), National Pollutant Discharge Elimination System (NPDES) permits,
nonpoint source programs, oceans and wetlands programs, and source water protection. The
review considered the results of more than 50 listening sessions with over 350 people during
April-September 2001 and recent recommendations from the National Research Council, the
General Accounting Office, and EPA's Inspector General.
This strategy is built upon a long-term vision for the future:
All waters of the United States will have water quality standards that include
the highest attainable uses, combined with water quality criteria that reflect
the current and evolving body of scientific information to protect those uses.
Further, standards will have well-defined means for implementation through
Clean Water Act programs.
Strategy for Water Quality Standards and Criteria vii
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States support this long-term vision and look to EPA to help fulfill it, beginning with the
priority strategic actions contained in this strategy. These actions in the strategy are designed
to address the following strategic themes:
• Filling major program gaps to achieve critical environmental results. For example, the
water quality standards and criteria program needs to help states strengthen water quality
criteria for three pollutants (sedimentation, pathogens, and nutrients) that are responsible
for an estimated 40 percent of water quality impairments nationally.
• Strengthening and maintaining the scientific foundation of water quality programs,
including targeting criteria development for specific pollutants of highest importance.
• Clarifying for states how to implement key scientific and technical components of standards
and criteria when regulating discharges.
• Establishing important technical and policy linkages between the water quality standards
and criteria program and other programs such as those that protect drinking water.
Broadening participation in the water quality standards and criteria program with states
and other stakeholders.
The strategy describes and sets milestones for the ten strategic actions of highest priority for
addressing these findings. These ten highest priority strategic actions are:
Issue implementation guidance for the
1986 bacteria criteria for recreation.
Produce and implement a strategy for
the development of pathogen criteria
for drinking water and recreational use.
Produce and implement a strategy for
the development of suspended and
bedded sediment criteria.
Provide technical support to states and
tribes for developing and adopting
nutrient criteria and biological criteria.
Develop and apply a systematic
selection process to produce new and
revised water quality criteria for
chemicals to address emerging
needs.
Complete the national consultation
with the Federal Services on existing
aquatic life criteria.
Provide technical support, outreach,
training and workshops to assist states
and tribes with designated uses,
including use attainability analyses and
tiered aquatic life uses.
Provide implementation support
concerning technical issues affecting
permits and TMDLs, beginning with
technical support and outreach
concerning the duration and frequency
component of existing water quality
criteria.
Identify any drinking-water source waters
whose water quality standards do not
protect the use, and work with regions,
states, and tribes to correct any
deficient standards as soon as
possible.
Develop a web-based clearinghouse
for exchanging information on critical
water quality standards issues,
beginning with antidegradation.
The strategy also contains five strategic actions, outlined in Chapter 2, which are next in
priority for implementation. The Office of Science and Technology (OST) in EPA's Office of
Water will work closely with other EPA programs, states, authorized tribes and stakeholders
to implement the strategy.
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CHAPTER-ONE
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Developing the Strategy
Background
EPA's water quality standards and criteria program supports and oversees the efforts of
states and authorized tribes to set water quality standards for all waters of the United
States. Water quality standards—consisting of designated uses for waters, water quality criteria
to protect the uses, and antidegradation policies—serve the dual purposes of establishing
water quality goals for specific water bodies and providing the regulatory basis for establishing
certain treatment controls and strategies. EPA provides policy guidance and the latest scientific
information to help states and tribes adopt standards. The Clean Water Act also requires EPA
to review new and revised standards, approve or disapprove them, and issue federal
replacement standards to correct deficiencies where necessary. The Office of Science and
Technology (OST) in EPA's Office of Water (OW) is the headquarters office responsible for
these efforts while the ten EPA regional offices have the lead for working with states and
authorized tribes.
The Role of Standards and Criteria
in Water Quality Programs
Water quality standards and criteria are undeniably key to protecting the quality of our Nation's
waters. Water quality standards establish the environmental baselines used for measuring the
success of Clean Water Act programs. In an evolving scientific arena, adequate protection of
fish and wildlife, recreational uses, and sources of drinking water depends on having well-
crafted standards and criteria in place for our waters. Having clear numeric baselines is also
important for establishing treatment controls; for conducting watershed planning, protection
and restoration; and for innovations such as market-based incentives and trading.
Most states developed water quality standards and criteria on a significant scale in the 1970s
when the water quality problems being addressed were simpler: for example, assuring adequate
dissolved oxygen for fish and shellfish and installing wastewater treatment systems for basic
sanitation. These standards and criteria were rarely fine-tuned to address complex issues
Strategy for Water Quality Standards and Criteria
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such as protecting endangered or threatened species, addressing
sedimentation and flow, addressing pathogens, evaluating site-specific
attainability, or evaluating cumulative effects from combinations of
pollutants or stressors.
For several decades EPA and states focused more on technology-based
controls than on water quality-based programs such as water quality
standards. The most recent focus on TMDLs, in some cases under
challenging deadlines, and on resolving complex NPDES permit issues,
has heightened the immediate need to strengthen the standards program
in many areas. With EPA's assistance, states and authorized tribes have
reviewed and updated these standards on an ongoing basis; however,
evolving science, dramatically increasing implementation demands, and
other circumstances have often significantly outpaced these efforts.
Examples of evolving science include the need to update criteria based
on new information, the need to reflect newly-understood local variations
in pollutant chemistry and biology, the need for clarity in the
implementation of new and existing criteria, and the desirability of having
more direct measures of designated use protection through biological
criteria.
As the Nation has grown over the past 30 years, so too has the complexity
of water quality problems. States, tribes, and EPA need a common
understanding of how to implement standards and criteria provisions
when monitoring and assessing water quality and developing NPDES
permits, TMDLs and nonpoint source controls. For example, states,
tribes and EPA should have similar approaches for determining which
waters are in attainment, setting designated uses, translating narrative
criteria into numeric values, establishing mixing zones, or allowing
variances to standards.
Given the increasing number and complexity of water quality standards
issues that must be addressed, EPA, states and tribes need to partner
strategically to address them in a way that will best resolve the most
critical issues and ensure the protection and restoration of our waters.
Partnerships to Improve the Program
OST met with many partners inside and outside the Agency who depend
on water quality standards to help identify the key challenges faced by
the water quality standards and criteria program. We found that all
partners are facing a daunting and complex workload to meet these
challenges, and are looking to EPA for leadership. But we also found
Strategy for Water Quality Standards and Criteria
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that all partners share the desire to improve the program and are willing
to work with us. We are confident that by working together we can
address the highest priorities among the growing list of short- and long-
term needs and help achieve our goals for safe and clean water.
Scope of This Strategy
This strategy focuses on what OST and other EPA offices need to
accomplish to meet the program needs of EPA, the states and authorized
tribes. In this document, "states" generally means the state, territorial
and interstate agencies that have water pollution control responsibilities.
"Authorized tribes" means federally-recognized Indian tribes for which
EPA has given approval to administer water quality standards programs.
For Indian country as a whole, the strategy supplements but does not
replace the goals and objectives for water quality standards expressed in
the Agency's Strategic Plan and in Protecting Public Health and Water
Resources in Indian Country: A Strategy for EPA/Tribal Partnership,
EPA Office of Water, October 1998.
EPA has specific statutory and regulatory obligations under the Clean
Water Act, including reviewing new and revised standards, approving
or disapproving them, and issuing federal replacement standards to correct
deficiencies where necessary. EPA also has obligations under other
statutes, such as the Endangered Species Act. Additionally, from time to
time EPA receives judicial mandates, enters into settlement agreements,
or becomes subject to specific Congressional requirements. EPA takes
all of these obligations seriously, and carries them out on a daily basis.
OST did not list these responsibilities as actions under this strategy
because they are not optional and hence not subject to priority-setting.
The presence or absence of actions in this strategy should not be
construed as altering our basic responsibilities.
How This Strategy Was Developed
The strategy is the product of a wide-ranging review and analysis of the
water quality standards and criteria program within the context of all
clean water programs. It was developed by a work group chaired by
OST staff. The group first developed a draft list of issues addressing the
major needs of the standards and criteria program and of programs that
link to water quality standards, including water quality monitoring and
assessment programs, the TMDL program, the NPDES permit program,
the wetlands and dredge and fill permit programs, ocean protection
EPA IS HELPING MORE
TRIBES TO RUN WATER
QUALITY STANDARDS
PROGRAMS
M"he Office of Water's October 1998
strategy for Indian country sets a
goal that "by 2005, 15% of tribes
will have final water quality
standards approved by EPA for
waters under their jurisdiction." It
calls for EPA to provide guidance,
technical assistance, training,
outreach, and workshops for
interested tribes to set up and run
standards programs.
M"his work has paid off: since 1998
the number of tribes with standards
has increased by 50%, from 14 to
21, making it the largest non-grant
tribal program in EPA.
Nevertheless, it is still only 4% of
all tribes. Tribes face many
technical and administrative
challenges in establishing
standards.
MDST and EPA's regional offices are
continuing to implement the 1998
strategy to assist tribes, including
considering the establishment of
federal water quality standards for
waters in Indian country that do not
have standards.
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HOW THE PRIORITY ACTION
WILL IMPROVE THE SCIENTIFIC
BASIS FOR WATER QUALITY
PROGRAMS
KThe National Research Council (NRC)
recommended that EPA issue new
guidance on use attainability analyses.
Highest priority #7 will provide support
for state and tribal programs to adopt the
highest attainable designated uses.
11 M"he NRC recommended that all
chemical and some biological criteria be
defined in terms of magnitude, frequency
and duration. Highest priority #8 will
develop technical support and outreach
on the duration and frequency
components of criteria.
M"he NRC recommended assigning
tiered designated uses in setting water
quality standards, and choosing criteria
that are logically linked to the designated
use. Highest priority #7 will support the
development and application of tiered
designated uses where appropriate, and
Highest priority #5 will develop new
and revised water quality criteria linked
to designated uses.
M"he NRC recommended that water
quality standards be "measurable by
reasonably obtainable monitoring data."
Highest priority #8 will address
duration and frequency issues, and Next
priority #4 will update analytical
methods to enable reliable quantification
of pollutants at levels near the criteria
values.
M"he NRC recommended that biological
criteria be used in conjunction with
physical and chemical criteria to
determine whether a water body is
meeting its designated use. Highest
priority #4 will continue EPA's leadership
role in advancing the development and
use of biological criteria.
programs under the Clean Water Act, and the source water protection
rogram under the Safe Drinking Water Act. The workgroup then
conducted more than 50 listening sessions with over 350 people during
April-September 2001. Appendix 3 lists the information sources for this
strategy, including the groups who participated. The listening sessions
gave participants an opportunity to identify the most important issues
for stakeholders and the timing of their needs regarding water quality
standards. They also helped elucidate barriers and define emerging
challenges. The workgroup also considered the following:
Clean Water Act goals, mandates and authorities that pertain to water
quality standards and criteria, including EPA's oversight
responsibilities under section 303(c) of the Act and EPA's scientific
information responsibilities under section 304(a) of the Act.
• The strategic goal for safe and clean water, together with objectives
and subobjectives in EPA's Strategic Plan.
• Public comments and statements in public meetings in response to
the 1998 Advance Notice of Proposed Rulemaking on the water
quality standards regulation.
During this time the National Research Council (NRC) of the National
Academy of Sciences issued a report, Assessing the TMDL Approach to
Water Quality Management. It contained several major recommendations
concerning water quality standards and criteria (see box at left). These
recommendations played a strong role in shaping this strategy. OST
also considered recommendations from the General Accounting Office
and EPA's Inspector General in separate studies listed in Attachment 1.
Additionally, this strategy is built upon a long-term vision for the future
of water quality standards and criteria. This vision statement is the
essential mission of the water quality standards and criteria program.
VISION
All waters of the United States will have water quality
standards that include the highest attainable uses, combined
with water quality criteria that reflect the current and evolving
body of scientific information to protect those uses. Further,
standards will have well-defined means for implementation
through Clean Water Act programs.
States support this long-term vision, and look to EPA to help fulfill it,
beginning with the strategic actions contained in this strategy.
Strategy for Water Quality Standards and Criteria
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Strategic Themes
This strategy prioritizes actions that EPA will lead, often in conjunction
with its implementing partners and affected stakeholders, to improve
water quality. The strategy contains priority strategic actions that OST
believes are critical to tackle the most important environmental problems,
accelerate the adoption and use of appropriate water quality standards,
reduce the burdens and impediments to program implementation, and
promote broad participation in activities affecting the Nation's receiving
waters.
The review and analysis provided a fresh look at all aspects of the current
water quality standards and criteria program. It resulted in ten strategic
actions representing the highest priority in the strategy, and five strategic
actions representing the next set of priorities that will guide OST activities
in the coming years. These actions will help EPA in addressing the
following major findings:
• Filling major program gaps to achieve critical environmental results.
For example, the water quality standards and criteria program
needs to help states strengthen water quality criteria for three
pollutants (sedimentation, pathogens, and nutrients) responsible
for an estimated 40 percent of water quality impairments
nationally.
• Clarifying for states how to implement key scientific and technical
components of standards and criteria when regulating discharges.
- For example, water quality criteria documents published in the
1980s contained detailed scientific information used for deriving
criteria values but little in the way of guidance on how to interpret
them when assessing attainment.
• Establishing important technical and policy linkages between the
water quality standards and criteria program and other programs
such as those that protect drinking water.
• Broadening participation in the water quality standards and criteria
program with states and other stakeholders.
• Strengthening and maintaining the scientific foundation of water
quality programs.
Strategy for Water Quality Standards and Criteria
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Setting Priorities
OST has narrowed the focus of the final strategy to ten highest priorities
and five next priorities as mentioned above. In setting priorities, OST
considered such questions as: Would the action provide an important
link for restoring and maintaining the Nation's water quality? Would it
be critical for meeting the Agency's goals for clean and safe water?
Would it meet a critical need of states and tribes? Would it meet a critical
•„•;.• -*-|,-*- <•/'-.
-" •-*,|,f,'-=;".' [, " need of a related water quality program such as monitoring, assessment,
'",''.,. TMDLs, permits, or source water protection? Would the action address
a major gap or lack of clarity in the existing EPA standards and criteria
program? Would the action address the increasing scientific and policy
complexities posed by the accelerating pace of efforts to restore impaired
water quality? Would it respond to one or more of the five strategic
themes listed above?
In the past few months, OST has shared drafts of these priorities with the
workgroup and other EPA offices and made modifications on an iterative
basis. We are confident that the final priorities have solid support among
those who depend on these products the most.
This strategy does not include a priority strategic action to revise the
national water quality standards regulation to address any implementation
issues. OST believes that a revised regulation would not be the best way
to address most of the issues raised during listening sessions. Most such
issues derive from lack of clarity for implementing existing requirements,
not because of defects in the regulatory requirements themselves. During
listening sessions, participants generally suggested how EPA can address
important implementation issues with policy and guidance. Specific
issues may emerge in the future that can best be resolved by establishing
new or revised national regulatory requirements, but such steps at this
time are not warranted. Additionally, EPA is currently reviewing petitions
received from interest groups to revise its regulations in certain areas.
EPA has not yet completed its review of these petitions. If EPA decides
revised regulations are necessary, OST will modify this strategy
accordingly.
Strategy for Water Quality Standards and Criteria
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H
A
R
T
Priority Strategic Actions
Highest Priorities
The ten strategic actions below have the highest priority in this strategy because OST
believes they will address the most important environmental problems, accelerate the
adoption and use of appropriate water quality standards, reduce burdens and impediments to
program implementation, and promote broad participation in activities affecting the Nation's
receiving waters. Each action is accompanied by milestones with the quarter and calendar
year for completion. Work has begun on all of these actions. They have been organized in
two groups: actions 1 through 6 are criteria-related actions, and actions 7 through 10 are
standards-related actions, but are not arranged in any particular order. All ten actions are
equally important; they are not listed in priority order.
Criteria-Related Actions
1. Issue implementation guidance for the 1986 bacteria criteria for recreation.
Milestones:
Publish §136 analytical methods for ambient water (final) completed, July 2003
Publish guidance (final) 1stQ, 2004
Publish §136 analytical methods for wastewater (proposed, final) 4th Q, 2004, 4th Q, 2005
This guidance is a major and immediate need due to the number of waters with bacteria
impairments and the significant gaps in policy and technical guidance for implementing the
recommended EPA criteria. It focuses on EPA's bacteria criteria published in 1986 for two
bacterial indicators: E. coli and enterococcus. The guidance will assist states and authorized
tribes with such issues as risk levels used in the criteria; implementation in NPDES permits,
attainment decisions, and monitoring and advisories; and implementation in light of uncertainty
inherent in the criteria. OST issued a draft of the guidance in 2002, and will publish the final
guidance in 2004 after completing the review of comments and analysis of scientific
information. Additionally, the guidance will assist states and authorized tribes that are required
under the Beach Act of 2000 to adopt bacteriological criteria for coastal recreation waters that
are as protective as EPA's criteria recommendations.
Strategy for Water Quality Standards and Criteria
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In the next two years OST will also publish approved analytical methods
under 40 CFR part 136 for E. coli and enterococcus. States requested
the methods to help measure attainment of the criteria and to support
issuance of discharge permits.
2. Produce and implement a strategy for the development of
pathogen criteria for drinking water and recreational use.
Milestones:
Develop a strategy for producing cryptosporidium
criteria for source waters 4th Q, 2003
Develop a strategy for revising existing criteria
for recreational waters 4th Q, 2003
Develop a strategy for establishing integrated
microbiological water quality criteria 3rd Q, 2004
Issue revised criteria document for recreational
waters (draft, final) 2nd Q, 2005, 2nd Q, 2006
Issue cryptosporidium criteria document
(draft, final) 4th Q, 2006, 4th Q, 2007
Issue integrated microbiological criteria document ....(to be determined)
According to the 2002 state section 303(d) listings, pathogens are the
second most frequent cause of water quality impairments under the Clean
Water Act. Increasing interactions between humans and domesticated
and feral animals are increasing the incidence of human microbial disease
and contributing to the evolution of new human pathogens. Some
microbes that originally had animal hosts have acquired the ability to
infect humans. A number of initiatives such as the Interim Enhanced
Surface Water Treatment Rule and the 2000 Beach Act are important in
reducing the risk of waterborne microbial disease and will continue. In
light of emerging risks, OST, along with other participating OW offices,
is developing a Strategy for Waterborne Microbial Disease Control. The
microbial strategy will contain ongoing and needed actions selected by
EPA technical work groups and reviewed by scientists and the public.
The milestones identified here are a component of the draft strategy for
Waterborne Microbial Disease Control findings.
Developing criteria for Cryptosporidiumparvum. At this time we do
not know if there will be additional microbes regulated under the
Safe Drinking Water Act that will require ambient water quality criteria
for drinking water sources.
Strategy for Water Quality Standards and Criteria
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Developing revised criteria for ambient water quality criteria for
recreational waters, in accordance with the Beach Act of 2000 (which
requires new or revised criteria by 2005), based on an assessment of . " ..
potential human health risks resulting from exposure to pathogens , ,, " "-*"
5. Produce and implement a strategy for the development of
suspended and bedded sediment criteria.
Milestones:
Consult EPA Science Advisory Board (SAB) 4th Q, 2003
Issue the suspended and bedded sediment
criteria strategy 2nd Q, 2004
Sedimentation and siltation problems account for more identified water
quality impairments of U.S. waters than any other pollutant. Developing
quantifiable water quality criteria for sedimentation will require research
to identify sedimentation indicators, analytical methods, ecological
relationships, reference conditions, and waterway classification systems.
As a first step, OST will develop a strategy in 2003 for how best to
develop such criteria. The strategy will set the course that will ultimately
lead to suspended and bedded sediment criteria. OW's Office of Wetlands,
Oceans and Watersheds (OWOW) has coordinated the development of
guidance for TMDLs involving sediment, including an assessment of
the state of knowledge and innovative guidance on assessing watersheds
for river stability and sediment supply. Additionally, OST and OWOW
are working with the Office of Research and Development (ORD) to
pursue sedimentation research as part of ORD's aquatic stressors
framework and implementation plan for effects research.
in coastal recreation waters, and development of appropriate and . "
effective indicators for the presence of pathogens that are harmful to
human health.
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• Development of water quality criteria that integrates protection against ;, •,:„; •*&£ \~~
harmful exposures to pathogens for drinking sources and recreational
waters, and will also consider health protection for other ambient
water uses, e.g., shellfish growing.
Because of the complexity of the issues involved, the first step shown
for each of the three needs above is to construct a specific strategy for
criteria development. The three strategies will review available scientific
studies and data, and assess various options for developing the criteria.
Strategy for Water Quality Standards and Criteria
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4. Provide technical support to states and tribes for
developing and adopting nutrient criteria and
biological criteria.
Milestones:
Nutrient criteria:
Assist in review of state plans for criteria development 2003-2004
Issue methods manual for wetlands 4th Q, 2003
Establish enhanced technical support process 1st Q, 2004
Issue criteria document for selected estuary
and coastal waters 2005-2007
Issue criteria document for selected wetland regions 2005-2007
Biological criteria:
Update survey of state and tribal programs 2nd Q, 2003
Issue methods for the use of statistics in bioassessments
and biocriteria development 4th Q, 2004
Issue methods for the use of bioassessments to
refine designated aquatic life uses (see #7 below)
Develop the scientific relationships between
bioassessments, biocriteria, chemical criteria
and other forms of criteria 4th Q, 2005
Issue coral reef methods 4th Q, 2006
Issue large river methods 4th Q, 2007
Issue stressor identification support system 4th Q, 2007
Issue Great Lakes methods 4th Q, 2008
Support implementation for streams, small rivers,
and other water bodies Ongoing
Nutrient-related issues also rank among the highest needs for the criteria
program. Excessive nutrients are among the top four leading causes of
water quality impairments. Most states recognize the need for such
criteria, but because of the difficulty and complexity of the task, only
two states to date have established a complete numeric baseline for nutrient
problems and even these are specific to lakes only. In 2001-2002 OST
issued 28 nutrient criteria documents covering all freshwater lake and
river ecoregions, and guidance recommending that states establish plans
for developing and adopting criteria. To date, 32 states have submitted
nutrient criteria plans to EPA for comment and 9 additional states hope
to submit plans this year. These nutrient criteria plans are expected to be
10
Strategy for Water Quality Standards and Criteria
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developed in collaboration with EPA and include milestones and
schedules for each state to work on the complex tasks of gathering and
analyzing scientific data and adopting criteria into water quality standards.
When developing nutrient criteria, a state or tribe has the flexibility to
refine EPA's recommended approach and criteria to better reflect local
conditions and data availability. In 2003, OST will work with states and
tribes to review and revise EPA's technical support efforts to ensure they
best support state needs.
Biological criteria and assessments are taking on increased importance
in water quality programs. There is a growing recognition of the
importance of biocriteria and bioassessment techniques in water quality
protection and measuring the success of clean-up efforts. Biocriteria
are particularly useful in advancing the scientific basis for designating
aquatic life uses and can be an important tool for conducting use
attainability analyses for aquatic life uses. They can also be used as an
"ecological check" to see whether regulation of individual chemicals is
achieving expected results. The National Research Council's 2001 report
recommended that biological criteria be used in conjunction with physical
and chemical criteria in Clean Water Act programs. The NRC
recommends the expanded use of biocriteria because they are directly
related to aquatic life designated uses, they are waterbody response
criteria, and they integrate effects of multiple stressors over time and
space. Biological criteria can also play an essential role in determining
the highest attainable uses for aquatic life and in conducting more
scientifically defensible use attainability analyses.
With active leadership from EPA and states, all states now have
bioassessment programs for streams and small rivers, and over half the
states have adopted at least narrative biocriteria into their water quality
standards. Nevertheless, states and tribes need continued support to
strengthen the use of biocriteria in water quality standards and to initiate
the use of biocriteria for other water body types in addition to streams
and small rivers. The milestones in this priority strategic action are
designed to provide the products and support states and tribes have
requested. OST and its partners will continue to provide technical support
and assistance to states and tribes to complete adoption of biocriteria for
streams and small rivers and to develop and adopt biocriteria for all
other water body types. OST will continue to work to produce methods
for developing biocriteria for all remaining water body types for which
a method is currently not available, including large rivers, great lakes,
intermittent and ephemeral headwaters and coral reefs.
Mn the early 1970s the academic
community conceived the idea of
systematically assessing local
aquatic biology with field studies
and quantitative biological criteria.
^Several states (OH, MO, Ml, NC,
ME, NY) began testing and using
this approach.
EPA has provided extensive
technical guidance, policy
recommendations and technical
assistance.
states have a bioassessment
program for streams and small
rivers, and for these waters:
>29 states have adopted narrative
biocriteria into water quality
standards
>23 states have quantitative
translators for narrative
biocriteria (8 more are under
development)
>-4 states have adopted numeric
biocriteria into water quality
standards (9 more are under
development)
Source: Summary of Biological
Assessment Programs and Biocriteria
Development for States, Tribes,
Territories and Interstate Commissions:
Streams and Wadeable Rivers
(EPA-822-R-02-048)
Strategy for Water Quality Standards and Criteria
11
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,v I,",.J.'
;^r „
EPA HAS ISSUED NATIONAL
NUMERIC CRITERIA GUIDANCE
FOR 165 POLLUTANTS
Synthetic organic chemicals 106
Pesticides 30
Metals 17
Inorganic chemicals 7
Basic physical/chemical
properties 4
Bacteria 1
Total 165
Of these, 101 are priority toxic
pollutants.
, ^'tfyV- -j
Selected Causes of Water Quality
Impairments (in %), Jan 2002:
Sediment/siltation .... 16 Pesticides 3
Pathogens 13 Contaminated fish.. 2
Metals 12 Ecol. imbalance 4
Nutrients 11 Flow alteration 3
Low dis. oxygen 10 Noxious plants 2
Habitat alterations 5 Ammonia 2
pH imbalances 5 Priority organics .... 2
Thermal modific'ns ... 4 Unknown 1
Impairments for which EPA national criteria:
Have been published 46%
Incl. pathogens, metals, diss. oxygen, pH,
fish contaminants, ammonia, priority
organics
Are under development in this strategy .. 18%
Incl. nutrients, pesticides, biological criteria
Are in a research phase or not planned . 31%
Incl. sediment/siltation, habitat alterations,
temperature, flow alteration, noxious
plants, unknown
Note: state narrative criteria generally cover all
impairment categories.
5. Develop and apply a systematic selection process to
produce new and revised water quality criteria for
chemicals to address emerging needs.
Milestones:
Draft criteria selection process 1st Q, 2004
Implement final criteria selection process 3rd Q, 2004
OST agrees with stakeholders that there is an urgent need to develop
new and updated water quality criteria. The growing need to keep abreast
of emerging contaminants of concern as well as new information on
familiar constituents is a constant challenge. So too are the rising costs
of developing individual criteria documents. OST will work with partners
to prioritize chemicals and develop new and revised criteria as rapidly
as possible. The key to successful use of limited resources is to focus on
developing those criteria that will have the greatest effect across the
country, fill critical gaps, and reduce uncertainty in water quality
management decisions. OST will establish a systematic process that
takes these factors into account when selecting criteria for development
and will then derive new and revised criteria based on this process.
6. Complete the national consultation with the Federal
Services on existing aquatic life criteria.
Milestones:
Develop methodology for evaluating effects of pollutants
on endangered and threatened species 2nd Q, 2004
Conclude biological evaluation for first batch
of pollutants 3rd Q, 2004
Conclude biological evaluation for subsequent
batches of pollutants every 6 months
Protection of threatened and endangered species is important in standards
development. EPA, states and tribes have certain obligations under the
Endangered Species Act to protect threatened and endangered species.
EPA's obligations extend to consulting with the U.S. Fish and Wildlife
Service (FWS) and the National Marine Fisheries Service (NMFS)
whenever we approve state- or tribal-adopted water quality standards,
and when we promulgate federal standards. States and tribes also have
an obligation to consider Endangered Species Act concerns during the
development of their water quality standards.
12
Strategy for Water Quality Standards and Criteria
.!»-„
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The national consultation on 49 aquatic life water quality criteria is a
key action established in the 2001 memorandum of agreement between
EPA, the FWS, and the NMFS regarding enhanced coordination under
the Clean Water Act and Endangered Species Act. The consultation is
particularly important because water quality standards containing these
criteria are the basis for many TMDLs, permits and other actions. The
first step in the consultation is for EPA to prepare biological evaluations
of the degree to which each criterion may affect endangered and
threatened species. A team of EPA and Service scientists has drafted a
methodology for these evaluations. It will undergo peer review before
being finalized and applied to review specific criteria.
The memorandum of agreement specifies other actions including
consulting on new and revised standards and on certain NPDES permits,
conducting cross-training between the agencies, organizing early
participation of the three agencies in triennial reviews of water quality
standards, and elevating unresolved issues to management's attention.
Most of these activities are currently underway.
Standards-Related Actions
7.
Provide technical support, outreach, training and
workshops to assist states and tribes with
designated uses, including use attainability analyses
and tiered aquatic life uses.
Milestones:
Develop a plan for providing outreach, training, workshops
and other support for states and tribes on critical issues
regarding designating appropriate uses 2nd Q, 2004
Issue methods for the use of bioassessments to
refine designated aquatic life uses 4th Q, 2004
Internet/Web-based clearinghouse operating with information
supporting establishment of designated uses 4th Q, 2004
Clean Water Act regulatory programs, such as discharge permits and
TMDLs, are geared toward achieving water quality standards. The public
relies on EPA, the states and authorized tribes to set designated uses that
reflect the goals of the Clean Water Act. This priority strategic action
will help clarify states and tribes understanding of how to conduct use
attainability analyses (UAAs). It will help states and tribes to make
decisions related to adjustments of uses such as when higher uses can
Strategy for Water Quality Standards and Criteria
13
,;,«*. *
-------
.
.»* W , >.
'
be attained but are not designated in standards or when higher uses have
been designated that cannot be attained. Additionally, this action will
help states and tribes decide when use adjustments should not be made,
such as removing a designated use that is being attained, has been attained
since 1975, or can be attained.
Providing this support will fill a major program gap, promote more
efficient use of resources, and ultimately lead to incorporating the highest
attainable uses into water quality standards. States consistently rank
this as the single most urgent need from EPA. Some participants believe
that lack of clarity from EPA on designated use issues has prolonged
local debates over the ultimate goals for water bodies and has resulted in
a stalled clean-up progress in the meantime. OST will work with other
EPA offices, states, authorized tribes and other partners to help resolve
use-related issues, such as how natural conditions, or irretrievable human-
caused conditions, or economic factors may be considered, and what
types and quantity of data are needed for use attainability analyses.
The National Research Council's 2001 TMDL report said that "assigning
tiered designated uses is an essential step in setting water quality
standards." OST does not agree tiered uses are essential for all situations,
but does agree that refined uses including biologically "tiered" uses can
improve the effectiveness and credibility of state and tribal standards in
many situations. Broad uses such as "Fish and wildlife use" or
"Recreational use" are fully acceptable under the Clean Water Act,
although EPA and many states are learning that refined uses offer
advantages for waters where information is available to develop them.
For example, they can provide better operational definitions of desired
outcomes, and can provide flexibility to describe locally-important
variations that broad uses may not. For aquatic life uses, OST is
developing methods to show how biological criteria can help inform the
adoption of highest attainable uses. Further, OST is developing biological
criteria tools that show how the degree of human disturbances in a
watershed can affect ecological outcomes. Many states have been using
biological assessments and biological criteria in their standards to protect
high quality waters and provide goals for improving degraded waters.
OST will work with ORD, OWOW and other partners to develop methods
that will help states and tribes understand the benefits and scientific
rationale behind bioassessment-supported designated uses for aquatic
life.
14
Strategy for Water Quality Standards and Criteria
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8. Provide implementation support concerning technical
issues affecting permits and TMDLs, beginning with
technical support and outreach concerning the duration
and frequency component of existing water quality criteria.
Milestones:
Provide support for duration and frequency component
of existing water quality criteria 4th Q, 2005
Provide support for mixing zone policies 4th Q, 2005
Provide support for additional technical issues Ongoing
Develop implementation methods for new water
quality criteria as needed (see #5 above) Ongoing
Water quality standards and criteria provide the environmental baselines
needed to regulate discharges to water and determine the extent of clean-
up actions. New collaboration across programs must occur to solve the
Nation's water quality problems. In particular, there must be a common
understanding of the how standards and criteria will be applied.
Modifying criteria on a site-specific basis and applying the criteria for
specific purposes often involve complex assumptions about pollutant
fate and transport, mixing zones, pollutant sources, fluctuations in
discharge rates and receiving water flows and chemistry, and biological
processes.
The goal of this priority strategic action is to enable states and tribes to
implement criteria effectively, considering the scientific basis, in
monitoring design, attainment decisions, TMDL development, site-
specific conditions, and permit issuance. OST and its partners will provide
technical support, training and outreach for implementing the duration
and frequency components of existing numeric criteria, and in establishing
and applying mixing zone policies. Additionally, OST will provide
technical support, training and outreach on additional implementation
issues of importance (e.g., wet weather). On an ongoing basis, OST
with its partners will also develop new implementation support or
reference appropriate existing implementation guidance when issuing
new or revised criteria documents.
MANY IMPORTANT ACTIONS
ARE LINKED TO STANDARDS
> Assessing which U.S. waters are
impaired and not impaired.
Establishing targets and load
reductions needed in impaired
waters through TMDLs.
Setting limits on pollutants
discharged through enforceable
NPDES permits.
>• Issuing permits for dredge or fill
activities.
•Certifying that other federal
licenses or permits comply with
standards.
•Establishing applicable or relevant
and appropriate requirements for
on-site responses at Superfund
sites.
Strategy for Water Quality Standards and Criteria
15
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«
STANDARDS ARE INCREASING
^Number of NPDES facilities or
sources
1972-1991 100,000
1992-2001 370,000
2002-beyond 400,000-500,000+
MMumber of TMDLs
1990s 50-100 per year
2000s 2000-2500 per year
9. Identify any drinking-water source waters whose
water quality standards do not protect the use, and
work with regions, states, and tribes to correct
any deficient standards as soon as possible.
Milestones:
Letters to states requesting that they review drinking water
use protection in their water quality standards 4th Q, 2003
Geographically-referenced information available
to track progress toward this goal 4th Q, 2005
In September 2000, states reported that there were approximately 180
million people served by public drinking water systems using surface
water sources—rivers, streams, lakes and reservoirs. Under the Safe
Drinking Water Act, states are mandated to assess each of their source
waters in order to determine the susceptibility of public water systems to
threats in their watersheds. These assessments will help to protect source
waters more effectively and prevent pollutants from entering the waters
in concentrations harmful to human health. The Clean Water Act will
play a major role in these efforts and includes many regulatory and non-
regulatory tools that can protect source waters. Full use of those tools
can only occur, however, if the water quality standards for those waters
are fully protective. OST, along with EPA's Office of Ground Water and
Drinking Water (OGWDW) and EPA's regional offices, will work with
states and authorized tribes to identify and correct any state water quality
standards that do not provide adequate protection for contaminants of
concern for drinking water usage. For example, in 2003 we will ask
states and tribes to work with EPA to identify any drinking water intakes
located in source waters that have not been designated for public water
supply uses or do not have equivalent protections in place to protect the
intakes. OST will also work with other EPA offices to draw on information
in geographically-referenced databases containing intake locations and
water quality standards to establish a way of reporting progress to this
goal by 2005. OST and the regions will address any remaining issues in
carrying out EPA's oversight functions.
16
Strategy for Water Quality Standards and Criteria
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10. Develop a web-based clearinghouse for exchanging
information on critical water quality standards issues,
beginning with antidegradation.
Milestones:
Establish a test web site with pages for state and tribal review
containing sample antidegradation information 4th Q, 2003
Clearinghouse operating with information supporting
development of state and tribal antidegradation programs ....2nd Q, 2004
Internet/web-based clearinghouse operating with
second round of information supporting establishment
of designated uses 4th Q, 2004
Several stakeholders suggested during listening sessions that EPA should
establish a means for sharing information about approaches that have
worked for some states and tribes and could potentially be applied
elsewhere. The suggested "clearinghouse" or "resource center" approach
has been a successful way to share information in other programs. The
clearinghouse should be accessible to all who could benefit from the
information. Ideally EPA would play an active role in seeking materials
and providing assistance in using them. A clearinghouse would be
particularly useful for emerging issues where a few states or tribes have
had success in specific areas and where discussions between EPA, other
states and other tribes could foster creative solutions.
OST will be developing this clearinghouse with an initial focus on
antidegradation, since stakeholders indicated the importance of
addressing antidegradation. EPA's regulation requires states and
authorized tribes to adopt antidegradation policies and to identify
implementation methods for the policies. Antidegradation procedures
are designed to preserve water quality in outstanding water resources;
keep clean waters clean where possible, considering important social
and economic development; and prevent loss of existing uses through
degradation. Implementing such procedures can prevent further waters
being added to the list of impaired waters needing TMDLs. Several
stakeholders and commenters indicated that the most important
immediate need is for sharing of information about antidegradation
requirements and implementation methods. In the absence of such a
central source of information, each state and tribe would need to
independently develop its own approach without being able to learn
from the successes and experiences of other states and tribes who have
already gone through the process. The clearinghouse will also assist
OST and the regions to provide ongoing technical support and outreach
on important antidegradation issues.
OF DRINKINGWATER
M80 million people use 14,136
public water systems that are
supplied by surface water.
M"he pesticide atrazine has been
detected in over 90% of Ohio's
public surface water systems and
in similar percentages elsewhere.
^•Concentrated animal feeding
operations are believed to be
among the major sources of
microbial pathogens in drinking
water.
^Conventional drinking water
treatment systems are not fully
effective for all pathogens and are
ineffective for most pesticides like
atrazine.
Strategy for Water Quality Standards and Criteria
17
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Next Priority Strategic Actions
The five strategic actions below constitute the next set of priorities that
will continue to guide OST activities presently and in the coming years.
Many of these "next priority" actions already have activities and
workplans underway, while others are in the planning stages and do not
yet have milestones established. The actions identified here are also
fundamentally important to the advancement of clean water goals. The
designation as "next priority" reflects OST's commitment to these priority
activities which are outstanding needs but will be delivered over a longer
time.
1. Update the aquatic life methodology for developing
ambient water quality criteria.
Improved methodologies for criteria will enable future criteria to address
important toxicological endpoints and exposure routes appropriately,
and will help develop future criteria that can be used with refined
designated uses. For aquatic life protection, EPA scientists and non-
EPA stakeholders agree that EPA's 1985 guidelines for deriving numeric
national aquatic life criteria require updates and refinements to reflect
advances in scientific understanding and the increased complexity of
water quality problems. The 1985 guidelines are not preventing
development of scientifically appropriate criteria, but they lack specificity
to address emerging needs efficiently. OST and ORD, with assistance
from FWS, will collaborate to update the guidelines in a priority sequence
with interim products.
2. Provide technical support, outreach, and training to assist
states and tribes implementing mercury criteria in
assessments, TDMLs, and permits.
Mercury contamination is the leading cause of public advisories
concerning allowable quantities of fish to eat. In 2001, EPA published a
new water quality criterion for methyl mercury in fish tissue for the
protection of human health. In publishing the criterion, EPA recognized
that there are important issues relating to implementing the criterion in
regulatory programs. OST has established an EPA technical workgroup
to develop information and approaches for states and tribes to implement
the recommended criterion. This group is exploring options for deriving
water quality-based effluent limitations and TMDL target values from
the EPA mercury criterion expressed as fish tissue contamination levels.
The draft is expected in late 2003.
18 Strategy for Water Quality Standards and Criteria
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3. Provide technical support, outreach, and training to assist
states and tribes in refining human health criteria to reflect
local bioaccumulation and fish consumption patterns.
The Methodology for Deriving Ambient Water Quality Criteria for the
Protection of Human Health, issued by OST in 2000, included improved
consideration of exposure routes and toxicological endpoints. The
methodology includes new protocols for fish consumption rates and
bioaccumulation that can vary considerably depending upon local
conditions. OST plans to develop a technical support document (TSD)
entitled Technical Support Document Volume 2: Development of National
Bioaccumulation Factors. Additionally, OST plans to publish a detailed
version of the national bioaccumulation methodology included in the
2000 Methodology and another TSD to provide methods for deriving
site-specific Bioaccumulation factors (BAFs). OST will work with
OGWDW to harmonize criteria regarding surface water pollutants that
are of concern for drinking water supplies.
4. Provide updated analytical methods for
new and existing criteria.
Initial emphasis will be on methods for measuring metals and other
pollutants that appear most frequently in NPDES permit limitations. OST
will develop methods for emerging pollutants on a priority basis as
needed, including a method for polybrominated diphenyl ethers (PBDEs).
Additionally, OST will promulgate a final rule in 2003 that will make
available analytical methods for bacteria (E. coli and enterococci) and
protozoa (Cryptosporidium and Giardio) in ambient water. OST is also
validating analytical methods for E. coli and enterococci in effluents
during 2003 to make these methods available for NPDES permits and
TMDL monitoring. OST is also investigating other pathogens and plans
to validate methods for Cryptosporidium in effluents to be available
when a Cryptosporidium water quality criteria is issued.
5. Foster broad participation in the setting of water quality
standards by providing training, outreach, and education,
including Internet-based distance learning access to the Water
Quality Standards Academy.
As clean water benefits all Americans, water quality standards are essential
for clean water protection. When standards were first being set decades
ago, participation centered on EPA and state technical experts and a few
RECOGNIZE POLITICAL
BOUNDARIES
Of the 2,165 watershed sub-basins
in the lower 48 states:
^•Almost all cross county lines
^•667 (31%) contain parts of two or
more states
^247 (11%) contain Indian
reservations
M54 (3%) are shared with Canada or
Mexico
Strategy for Water Quality Standards and Criteria
19
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HIGH DEMAND FORTRAINING
ANDWORKSHOPS
Since 1990:
••Over 2,400 professionals have
been trained in EPA's Water
Quality Standards Academies.
EPA turns away more students
than it can train in these popular
and well-regarded classes.
-Over 2,000 people have attended
national or regional EPA
workshops on water quality
standards and criteria.
QUALITY PROTECTION
^•EPA's Adopt Your Watershed
program (www.epa.gov/adopt)
and River Network
(www.rivernetwork.org), a national
nonprofit organization, both
recognize over 3,000 local
watershed groups. Citizens
participate in these efforts because
they are increasingly aware of
watershed health.
All states provide varied funding
and technical assistance for
watershed planning efforts.
^•States such as WA, OR, NJ
encourage watershed planning by
supporting the establishment of
local watershed councils.
Volunteer Monitoring
Program has registered over 800
local groups who routinely collect
and analyze water quality and
biological samples, and provide
results to states and EPA.
interested stakeholders at the state and national level. As water quality
issues become more prominent, more participants from broad sectors
are becoming interested and involved in water quality standards issues.
EPA, states and tribes today increasingly work with other federal, state,
tribal and regional government agencies, the regulated community, a
wide variety of economic sectors, water resource agencies, and private
citizens. Interactions on issues can occur at the statewide or reservation-
wide scale, as well as locally or watershed-wide.
To support and encourage these trends, OST will work with other internal
EPA offices, other Federal Agencies and external organizations to better
educate and inform EPA's partners, stakeholders and the public about
water quality standards and the role these groups can take in the standards
setting process. OST will use printed and visual media, the Internet,
conferences and workshops, and state-of-the-art distance learning
mechanisms to communicate information and provide a limited number
of face-to-face training sessions. OST will continue to offer the Water
Quality Standards Academy to provide training and will upgrade this
popular training course to a web-based environment to ensure greater
access to program information. As knowledge about the program
increases, OST will provide more advanced, in-depth training and will
expand outreach activities to include broader audiences. It is OST's
expectation that better informed and educated citizens will result in
greater involvement and participation in the water quality standards setting
process at the local or watershed level.
OST will focus much of this outreach and communication on participants
in watershed planning and protection. A 2002 OW study, A Review of
Statewide Watershed Management Approaches, Final Report, found that
the water quality standards development process is not significantly
involved in the watershed management approaches of eight states studied,
but rather occurs primarily on a statewide basis. Several states indicated,
however, that the statewide watershed approach has indirectly benefitted
the water quality standards process by improving the level of
communication about standards among state partners, increasing public
understanding and enhancing the state's ability to assess the need for
revisions.
20
Strategy for Water Quality Standards and Criteria
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HAPTER-THR
Implementing the Strategy
Roles of EPA Offices and Key Partners
During Implementation
The EPA offices with primary responsibility for the water quality standards and criteria
program are OST and EPA's ten regional offices. Other EPA offices play important roles
in developing and implementing water quality standards, including OW offices responsible
for monitoring, assessments, TMDLs, permits, wetlands, oceans, and drinking water, as well
as ORD and the Office of General Counsel. OST will establish additional work groups with
representatives from the regions and these other offices (as well as the Office of Policy,
Economics and Innovation, or OPEI) to implement the priority strategic actions in this strategy
in the timeframes provided, barring any unforeseen events.
The ten EPA regional offices have an important and special role in the water quality standards
and criteria program. OST will work with its regional counterparts to develop a collaborative
system for administering the water quality standards program, including but not limited to the
priority strategic actions. The system should recognize geographic and ecological differences
and still maintain minimum requirements and certain levels of consistency nationwide. For
example, OST staff could generally focus on issues having national significance while EPA
regional offices could take the lead on local, site-specific issues. Additionally, EPA regional
offices can help integrate water quality monitoring with water quality standards activities,
including using environmental information to help target standards actions and assisting in
correctly interpreting standards when making attainment and permitting decisions. Examples
of important activities undertaken by EPA regional offices include serving as liaisons to states
and tribes; helping states and tribes develop additions and revisions to their standards that are
consistent with federal requirements and address high-priority needs; providing advice where
needed on specific standards development and implementation issues; developing criteria
methods for pollutants affecting regionally-important waters; guiding priorities for triennial
reviews; reviewing and approving new and revised water quality standards; and coordinating
with the regional and district offices of the FWS and the NMFS regarding endangered and
threatened species issues.
Strategy for Water Quality Standards and Criteria 21
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Implementing this strategy will also require greater coordination and
cooperation between EPA and key external partners than in previous
years. Recent cooperative efforts should continue, adjusting for lessons
learned in the process. Current efforts include:
• Meeting with states and tribes on a regular basis to oversee the
directions of the program, through such groups as the State/EPA
Operating Committee, the Tribal Operations Committee, the State/
EPA Workgroup on Water Quality Standards, the Federal/State
Toxicology and Risk Assessment Committee, and other fora. These
groups can help EPA review implementation of the strategy and
provide valuable feedback.
Obtaining state and tribal input on operational issues before releasing
important technical support documents.
Working in watershed-based partnerships to develop and share
information for developing standards and criteria. For example, a
broad range of organizations cooperated in efforts to develop regional
criteria guidance for dissolved oxygen, water clarity and chlorophyll
for the Chesapeake Bay and its tidal tributaries.
• Using Regional Technical Assistance Groups when developing and
implementing EPA's recommended criteria for nutrients. These
groups, consisting of technical staff from EPA regions and states as
well as other researchers, work at the regional level to assemble
environmental data and develop analytical approaches. In the future,
these groups will become more involved in implementation issues
as states and authorized tribes develop nutrient criteria plans and
adopt nutrient criteria.
• Using an EPA technical workgroup to help develop implementation
methods for EPA's recommended criteria for methylmercury. This
group is identifying questions that need answering for deriving water
quality-based effluent limitations and TMDL target values from the
EPA mercury criterion expressed as fish tissue contamination levels.
Using quality-assured data generated by non-governmental parties
where possible and appropriate for development of water quality
criteria. EPA works with these groups to ensure that data adhere to
EPA protocols. Also, EPA retains the governmental responsibility to
establish the protocols, review the results, conduct peer review, and
issue the criteria as federal recommendations.
22 Strategy for Water Quality Standards and Criteria
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OST will continue to engage the scientific community and the public in
criteria and technical support development. Specifically, we will continue
the practice of notifying the public when starting a new or revised criteria
or guidance document and of seeking scientific data and information at
various stages of criteria development. We will also continue to seek
peer review of resulting criteria and simultaneously make them available
for further scientific input from the public. This approach will help EPA
publish water quality criteria reflecting the latest scientific knowledge.
Additionally, OST will utilize open public processes wherever possible.
For example, OST may use public symposia, meetings of professional
societies and other open venues to obtain information and ideas for
technical support documents. OST will also continue to coordinate EPA-
sponsored research activities consistent with the priority strategic actions
, .
in this strategy.
Future Strategy Refinements
OST is now working with its partners to implement the priority strategic
actions in this strategy. When implementing the strategy, OST will stay
attuned to the needs of its partners. For example, OST will from time to
time request feedback concerning how well the strategy is succeeding.
Products will be available on EPA's web site at http://www.epa.gov/
waterscience. As implementation experience grows, OST may revise
the strategy as determined by need over time (applying the strategic
themes as issues emerge) to continue the selection of priorities. When
revising the strategy, OST will again seek input from our many partners
and the public. Ten items are presented in Attachment 2 that OST and
subsequent workgroups may decide to designate as priorities at a later
date.
,7 „/; *Jt % ?*=.
'" •''•L'S«?>'Lf
Strategy for Water Quality Standards and Criteria 23
-------
t-'..
. 4;
STANDARDS TO FILL GAPS IN
STATE OR TRIBAL
STANDARDS
-Nutrient criteria and fish
consumption uses for certain AZ
waters.
-Antidegradation provisions for PA.
^•Provisions to protect bull trout in ID.
standards for the Colville
Confederated Tribes Indian
reservation.
j %ffiH
"Criteria for selected toxic pollutants
inRI.VT, NJ, PR, DC, FL, Ml, AR,
KS, CA, NV, AK, WA.
••Salinity and fish migration criteria
for the San Francisco Bay/Delta.
••The "California Toxics Rule" for CA.
"Selected provisions to protect the
Great Lakes system in IN, IL, Ml,
OH,NY,WI.
(From 40 CFR 131, subpart D, July 2002.)
Other Ongoing Program Activities
Notwithstanding the priority strategic actions in this strategy, OST will
continue to perform other core functions in support of water quality
standards and criteria. Many of these functions are mandated by the
Clean Water Act, the Endangered Species Act, or other statutes. These
include:
• Oversight of national water quality standards actions: overseeing
water quality standards development, reviewing draft state or tribal
standards, recommending improvements, reviewing new and revised
standards, approving or disapproving them, and issuing federal
replacement standards to correct deficiencies where necessary.
• Endangered Species Act obligations: consulting with the FWS and
the NMFS on federal actions that may affect endangered and
threatened species, and carrying out obligations pursuant to biological
opinions from the Services.
• Coordination with research activities: coordinating with EPA's ORD
to ensure that the most evolved and advanced scientific research is
available to support water quality standards and criteria.
Technical assistance: providing case-by-case guidance, technical
assistance, data and information, and referrals to regional, interstate,
state, tribal and local water quality managers undertaking program
activities such as standards development, TMDL development,
permitting, monitoring and modeling, among others.
• Public access: providing electronic access to state, tribal and federal
water quality standards, including displaying adopted and approved
designated uses and criteria in nationally comparable tabular and
map form for all waters of the United States in the Water Quality
Standards Database at http://www.epa.gov/waterscience/standards/
• Program tracking and reporting: tracking progress made by states
and tribes in adopting and revising standards. Reporting and
managing activities under the Government Performance and Results
Act and the Federal Managers Financial Integrity Act.
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Strategy for Water Quality Standards and Criteria
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CHAPTER
FOUR
Conclusion
Water quality standards and criteria are the foundation of water quality protection programs
under the Clean Water Act and the Safe Drinking Water Act. Water quality standards
and criteria issues impacting the programs such as assessments, TMDLs and permits are
increasingly complex. The priority strategic actions in this strategy will strengthen the
foundation of water quality programs, fill critical gaps and implementation needs, help deal
with uncertainty and complexity, and ultimately assist in attaining clean water goals.
Carrying out the strategy will require joint efforts among EPA and its partners and will also
entail creativity and new approaches. Partners will have key roles in developing products
and implementing the work outlined in the strategy. As implementation continues, OST may
periodically make mid-course corrections to keep the strategy current and focused.
Strategy for Water Quality Standards and Criteria
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26 Strategy for Water Quality Standards and Criteria
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APPENDIX-ON
Acronyms
ASIWPCA means the Association of State and Interstate Water Pollution Control
Administrators.
EPA means the U.S. Environmental Protection Agency.
FWS means the U.S. Fish and Wildlife Service (FWS) in the U.S. Department of the Interior.
NMFS means the National Marine Fisheries Service (NMFS) in the National Oceanic and
Atmospheric Administration of the U.S. Department of Commerce.
NPDES means the National Pollutant Discharge Elimination System, established by section
402 of the Clean Water Act.
OGWDW means EPA's Office of Ground Water and Drinking Water.
ORD means EPA's Office of Research and Development.
OST means the Office of Science and Technology in EPA's Office of Water.
OW means EPA's Office of Water.
OWOW means EPA's Office of Wetlands, Oceans and Watersheds.
TMDL means total maximum daily load. States develop total maximum daily loads for
certain water bodies that do not attain applicable water quality standards. See section 303(d)
of the Clean Water Act.
Strategy for Water Quality Standards and Criteria 27
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28 Strategy for Water Quality Standards and Criteria
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APPENDIX-TWO
Acknowledgments
This strategy was developed by a workgroup consisting of Fred Leutner (workgroup leader),
EPA Office of Science and Technology, Washington, DC; Heidi Bell, EPA Office of Science
and Technology, Washington, DC; Libby Chatfield, West Virginia Environmental Quality Board,
Charleston, WV; Linda Hoist, EPA Region 5, Chicago, IL; Catherine Kuhlman, EPA Region
9, San Francisco, CA; Cara Lalley, EPA Office of Science and Technology, Washington, DC;
Terry Oda, EPA Region 9, San Francisco, CA; Joseph Piotrowski, EPA Region 3, Philadelphia,
PA; Deborah Smith, California Regional Water Quality Control Board, Los Angeles, CA;
Anthony Maciorowski, EPA Office of Science and Technology, Washington, DC; and Scott
Ireland, EPA Office of Science and Technology, Washington, DC.
OST wishes to thank the following organizations for participating in the development of the
strategy: water quality managers and water quality standards experts from the states of Arizona,
California, Connecticut, Florida, Illinois, Kansas, New York, Oklahoma, Pennsylvania, South
Carolina, Texas, Utah, Washington and West Virginia; the Association of State and Interstate
Water Pollution Control Administrators; Water Division Directors and program staff in EPA
Regions 1 through 10; EPA headquarters program managers for the NPDES program, TMDL
program, Safe Drinking Water Act programs, wetlands programs, oceans programs and water
law counsel; the Federal-State Toxicology and Risk Assessment Committee; the Federal Water
Quality Coalition; the Water Environment Federation; the Association of Metropolitan Sewerage
Agencies; the Clean Water Network and its participating members; the Utility Water Act Group;
and the Electric Power Research Institute.
Strategy for Water Quality Standards and Criteria 29
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30 Strategy for Water Quality Standards and Criteria
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APPENDIX-THR
Information Sources
for this Strategy
States
State water quality managers and water quality standards experts, particularly those from the
states of Arizona, California, Connecticut, Florida, Illinois, Kansas, New York, Oklahoma,
Pennsylvania, South Carolina, Texas, Utah, Washington and West Virginia.
EPA
EPA water program staff, including directors, managers and staff with responsibility for water
quality standards, water quality monitoring and assessments, TMDLs, NPDES permits
and drinking water in each of EPA's ten regional offices.
EPA Water Quality Standards Coordinators.
EPA program managers in headquarters for the NPDES program, TMDL program, Safe Drinking
Water Act programs, wetlands programs, oceans programs and water law counsel.
Meeting of EPA headquarters and regional TMDL, NFS and assessment/monitoring
coordinators, Albuquerque, NM, June 4-7, 2001.
Strategy for Water Quality Standards and Criteria 31
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Stakeholders, State Program-Specific Croups and Other Input
ASIWPCA TMDL Conference (Regions 5, 6 and 7), Austin TX, April 18-20, 2001.
Meeting with Federal-State Toxicology and Risk Assessment Committee, May 22, 2001.
Meeting with Federal Water Quality Coalition, May 30, 2001, June 28, 2001.
Conference call with State/EPA TMDL Coordinators, July 13, 2001.
Meeting with Water Environment Federation, July 17, 2001.
Meeting with Association of Metropolitan Sewerage Agencies, August 23, 2001.
Meeting with Clean Water Network, August 28, 2001.
Letter from American Fisheries Society, September 13, 2001.
Letter from Clean Water Network, September 21, 2001.
References
Association of State and Interstate Water Pollution Control Administrators, A State Perspective:
Future Needs/Directions of the WQS Program. Distributed at the mid-year meeting, March
22, 2001.
EPA, Office of Water, Water Quality Criteria and Standards Plan—Priorities for the Future,
interim final. June 1998, EPA 822-R-98-003.
EPA, Office of Water, Advance Notice of Proposed Rulemaking, Water Quality Standards
Regulation. July 7, 1998, 63 FR 36741. Includes associated public record of written
comments, and notes of discussions at public meetings.
EPA, Office of Water, Protecting Public Health and Water Resources in Indian Country: A
Strategy for EPA/Tribal Partnership. October, 1998. Strategy for water quality standards
is addressed on pp. 11-12.
EPA, Office of Inspector General, Central Audit Division, Proactive Approach Would Improve
EPA's Water Quality Standards Program. Report No. 2000-P-001385-00023, September
29, 2000.
EPA, Office of Science and Technology, An Assessment of the Water Quality Standards
Development and Review Process, Final Report, October 2000.
EPA, Office of Water, A Review of Statewide Watershed Management Approaches, Final Report,
April 2002. http://www.epa.gov/owow/watershed/approaches fr.pdf
EPA, Stage 2 Microbial and Disinfection Byproducts Federal Advisory Committee, Agreement
in Principle, September 2000, as published in 65 FR 83015, December 29, 2000.
32 Strategy for Water Quality Standards and Criteria
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EPA, Office of Science and Technology, Perceptions on TMDL Technical Support: Input from
State, EPA, Discharger Organizations, and Clean Water Action Network, December 29,
2000.
EPA, Fish and Wildlife Service, National Marine Fisheries Service, Memorandum of Agreement
Between the Environmental Protection Agency, Fish and Wildlife Service and National
Marine Fisheries Service Regarding Enhanced Coordination Under the Clean Water Act
and Endangered Species Act. February 22, 2001, 66 FR 11202.
EPA, Advisory Committee on Water Information, TMDL Science Issues Conference 2001:
Closing Session Summary, March 7, 2001.
EPA, Office of Water, Guidance: Coordinating CSO Long-Term Planning with Water Quality
Standards Reviews, July 31, 2001, EPA-833-R-01-002
EPA, Office of Water, Developing Strategy for Waterborne Microbial Disease, August 29,
2001.
EPA, Office of Wetlands, Oceans and Watersheds, February 2, 2002, A Review of Statewide
Watershed Management Approaches, executive summary in draft.
EPA, National Environmental Justice Advisory Committee, Fish Consumption Workgroup,
draft reports, March 2002.
General Accounting Office, Water Quality: Improved EPA Guidance and Support Can Help
States Develop Standards That Better Target Cleanup Efforts, GAO-03-308, February
2003.
National Research Council, Water Science and Technology Board, Assessing the TMDL
Approach to Water Quality Management, June 22, 2001.
Other Sources of Information:
Regular meetings of the State/EPA Operations Committee.
Regular meetings of the workgroup on Water Quality Standards.
Regular meetings of the EPA Tribal Operations Committee and the Tribal Caucus of the
committee.
Strategy for Water Quality Standards and Criteria
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34
Strategy for Water Quality Standards and Criteria
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APPENDIX-FOUR
Strategic Actions to be Considered
for Future Priority Setting
Develop default bioaccumulation factors for use in developing water quality criteria for
the protection of human health. EPA's Methodology for Deriving Ambient Water Quality
Criteria for the Protection of Human Health, October 2000, incorporates a number of
scientific advancements, one of which is the assessment of exposure to humans through
the food chain pathway. For bioaccumulative chemicals the food chain pathway is more
important than ingestion of water. To assess exposure to bioaccumulative chemicals,
EPA's methodology emphasizes the use of a bioaccumulation factor (BAF), which accounts
for chemical accumulation in fish and shellfish from all potential exposure routes. EPA is
currently finalizing a Technical Support Document that presents the technical basis for
the national approach to developing BAFs. Because of the need for local data, not all
states and tribes would have the ability to develop BAFs with limited resources. To address
this concern, EPA could derive national default BAFs for specific bioaccumulative
pollutants. It is envisioned that states and authorized tribes would use the national default
BAFs as a starting point in the process of deriving appropriate and applicable water quality
standards. The supporting literature searches and data analyzed in the process of deriving
national default BAFs could also serve as a valuable resource for deriving regional or site-
specific BAFs.
Conduct research on methods to assess risks of multiple stressors to wildlife populations.
ORD, OST and other EPA offices could pursue research to fill the important need of
assessing risks to aquatic-dependent and terrestrial wildlife. ORD's current work in this
area is outlined in the recently-completed Aquatic Stressors Research Framework.
Conduct research on chemical-specific criteria for wetlands. ORD, OST and other EPA
offices could pursue research to fill the important need of assessing effects of contaminants
on wetlands. ORD's work in this areas is outlined in a recently-completed Aquatic Stressors
Research Framework.
Provide technical support and outreach for making scientifically valid site-specific
modifications of criteria. Such technical support and outreach, for example, would help
states and tribes protect endangered and threatened species, and human populations who
Strategy for Water Quality Standards and Criteria
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consume higher quantities of fish and shellfish. Site-specific tools will also assist states
and tribes in refining criteria at the time they are refining designated uses.
Promote increased use of ecological criteria and watershed-scale indicators as measures
of healthy water bodies. Combining elements of chemical, physical and biological criteria
in ecological risk evaluations can help define "ecological criteria" as measures of healthy
water bodies. Such criteria and indicators have the potential of estimating the total response
of a water body to potential alterations and stressors and identifying the appropriate scale
for remediation, e.g., remediation in the stream along the riparian corridor or watershed-
wide. Once ecological indicators are established for a water body, landscape-scale stressor-
response relationships can be determined and used as a basis for the development of
watershed-scale indicators and as predictive tools for watershed management. These
new scientific tools could help states and tribes make water quality standards more
ecologically-based and could set the stage for better watershed management. OST could
focus on the integration of traditional criteria into ecological criteria. ORD could research
and develop watershed-scale indicators and indices of watershed integrity. As useful
approaches emerge, OST and ORD would develop case studies to illustrate how ecological
criteria and watershed indicators work and would develop methods to assist states and
tribes with their own implementation.
Provide technical support and outreach to states and tribes on antidegradation
implementation procedures. Antidegradation procedures are designed to preserve water
quality in outstanding water resources, keep clean waters clean where possible, and prevent
loss of existing uses through degradation. Implementing such procedures can prevent
further waters being added to the list of impaired waters needing TMDLs. Many participants
identified lack of explicit guidance on antidegradation implementation procedure as a
major program gap. In the absence of such guidance, each state and tribe must
independently develop its own approach with little certainty that EPA will approve it.
OST could begin by improving the distribution of recent policies and state-specific decisions
affecting antidegradation implementation, and will follow by focusing new technical
support and outreach on important antidegradation issues.
Review and update the 1994 WQS Handbook. This update could incorporate new policies
and technical support issued since the Handbook was last published in 1994. It could
also include a checklist of required standards elements. The Handbook could be issued
in CD-ROM and/or online versions with hyperlinks to supporting materials.
Develop a broad strategy for addressing inter-jurisdictional differences in water quality
standards on shared waters. Recent listings of impaired waters have highlighted some
differences in standards and interpretations of standards at state lines. OST could develop
a strategy to address this issue. OST could work with other EPA offices, states and tribes
to explore administrative and policy steps that could lead to a more systematic treatment
of these issues.
36 Strategy for Water Quality Standards and Criteria
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Obtain early EPA, FWS, NMFS involvement in state and tribal reviews of standards. Issues
concerning endangered and threatened species have often slowed EPA's review of submitted
standards. These problems could be minimized if the agencies could agree on the right
approaches before states and tribes start to review and revise their standards. Under the
2001 Memorandum of Agreement, the Services agreed to participate in meeting with EPA
and the states and tribes to discuss the extent of upcoming water quality standards reviews.
EPA agreed to take the lead to schedule such meetings near the start of the triennial
review process. OST could work with other EPA offices to help facilitate this early
involvement, and to guide and support states and authorized tribes in adopting criteria to
protect listed species.
Expand on-line services and databases. Participants encouraged OST to develop more
EPA web sites such as those containing all state and tribal water quality standards effective
under the Act and those with interactive geographic information systems that link state
and tribal standards to individual water bodies.
Strategy for Water Quality Standards and Criteria 37
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&EPA
United States Office of Water EPA-823-R-03-010
Environmental Protection 4305T August 2003
Agency
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