United States
                      Environmental Protection
                      Agency
                         Office of Water
                         (4301)
March 1995
EPA-820-S-95-Q01
vvEPA
Great  Lakes  Water Quality Initiative
A  Summary
   The Great Lakes, collectively, are one of the outstanding natural resources of the World.  In
   recent years, Congress, the U.S. Environmental Protection Agency (EPA) and the States and
   local governments of the Great Lakes basin have devoted a great deal of scientific study and
   resources to the protection and restoration of these irreplaceable waters.

   The Great Lakes Water Quality Initiative (the Initiative) is a key element of the environmental
   protection efforts undertaken in the Great Lakes basin.  Through this Initiative, and with the
   joint cooperation of all of the States in the basin, EPA developed the final 'Water Quality
   Guidance for the Great Lakes System" (the Guidance). This Guidance describes how the Great
   Lakes States and Indian Tribes will adopt consistent, Great Lakes-specific water quality criteria
   for toxic pollutants in their water quality standards.  These standards establish the minimum
   water quality levels for the waters of the Great Lakes and their tributaries and are the basis for
   controlling discharges of pollutants throughout the basin.   The new criteria will help restore,
   maintain, and protect the waters  of this valuable and sensitive ecosystem.

   EPA issued the Guidance under the terms of the Great Lakes Critical Programs Act. Now that
   the Guidance is available, the next step is for the States and Indian Tribes to incorporate
   provisions consistent with the Guidance into their laws and regulations within two years.
   THE GREAT LAKES RESOURCE

   The Great  Lakes-Superior,  Michigan,
   Huron, Erie, and Ontario—contain  20
   percent of the world's and 95  percent of
   the  United States' fresh surface water.
   The Great Lakes  basin, the area that
   drains into these five lakes, includes parts
   of .the  States of Minnesota, Indiana, Ohio,
   Wisconsin, Michigan,  Illinois, New York,
   and  Pennsylvania,   and  part  of  the
   Canadian province of Ontario.  More than
   40  million people live in  the  basin,
   including nearly 20 percent of  the U.S.
                         population   and  50  percent  of  the
                         Canadian population.   Over 23  million
                         people depend  on the Great Lakes for
                         drinking water.

                         The Great  Lakes are a unique  natural
                         resource, affording habitat for a vast array
                         of  living organisms and providing both
                         recreational opportunities and inestimable
                         aesthetic beauty for people living in the
                         region. Hundreds of species of mammals,
                         birds,  fish, reptiles and amphibians,  and
                         untold thousands of  plant species  are
                         native   to   the'  Great  Lakes   basin.

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  Enormous economic benefits are derived
  from sport fishing, recreational boating,
  campgrounds, resorts,  and lakefront real
  estate development throughout the region.
  The Great Lakes form the North Coast of
  the U.S. which includes over 4,500 miles
  of  coastline,  six  national  parks  and
  lakeshores,  six national  forests,  seven
  national wildlife refuges, and hundreds of
  State parks, forests,  and sanctuaries.  On
  this magnificent resource  is founded  the
  largest bilateral trade  relationship in  the
  world.  Trade  between Canada and  the
  eight  Great  Lakes  States in  1992 was
  valued at $106 billion,  or over 56  percent
  of the U.S. - Canada total.  On  the Great
  Lakes alone, between 900,000  and  1
  million U.S. and Canadian boats operate
 each year,  infusing  more than  $2 billion
 into the regional economy.  In 1991, over
 two and one-half million American anglers
 fished in the Great Lakes expending over
 $1.3 billion.
 THE  SENSITIVITY OF  THE  GREAT
 LAKES ECOSYSTEM

 Despite their great size, the Great Lakes
 are extremely sensitive  to toxic pollutants
 because the water, and the pollutants,
 remain in  the  system  for many  years.
 Many  of  these  toxic  pollutants  are  a
 serious threat,  even in small  amounts,
 because they are  harmful  to  humans,
 animals, and plants.  They are  generally
 long-lasting and some can become more
 concentrated as they move through  the
 food chain from plants  to fish and on to
'wildlife and humans. The waters of the
 Great  Lakes   basin   are  particularly
 vulnerable to toxic pollutants because of
 several important characteristics  of  the
 Lakes:

 •   The depth and size of the Lakes cause
    water to be retained in the basin for
    extremely long periods of time, which
     make the Lakes essentially a closed
     system;
     Lake waters have relatively  low sus-
     pended solids concentrations and low
     biological  productivity making  toxic
     pollutants  more potent biologically;
    . and

     Fish and wildlife  populations in the
     basin are almost wholly dependent on
     the  Great Lakes  system for water,
     habitat, and food.
 Taken together, these characteristics result
 in a natural system that retains persistent
 pollutants for exceptionally long periods of
 time.  The effects of some of these toxic
 pollutants   on   humans  and   wildlife
 potentially  include increased  risk   of
 cancer, birth defects,  kidney  disorders,
 reproductive system and developmental
 damage.  Studies show that women  of
 child-bearing   age  may   store   these
 pollutants in  their bodies,  and  nursing
 mothers may, in turn, pass  them on  to
 their  children.   Other studies have also
 shown that animals that depend on fish for
 food,  such as mink, gulls, and bald eagles,
 can experience birth defects and reduced
 populations due to consuming long-lasting
 pollutants that are  stored  in  the fish.
 These occurrences have been documented
 for a wide range of species throughout the
 Great Lakes ecosystem and it is for these
 reasons and the related impact on human
populations that the Great,Lakes Water
Quality  Initiative  was  begun  and  the
Water Quality  Guidance  for the  Great
Lakes System was developed.

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THE GREAT LAKES WATER QUALITY
GUIDANCE

The purpose of the Guidance is to put in
place programs that will reduce  the kinds
and amounts of toxic chemicals and other
pollutants that are released into the Great
Lakes System. These programs  are to be
applied consistently by  all  of the Great
Lakes   States  arid  Indian  Tribes  to
maintain,  protect,  and restore water
quality  throughout the  entire basin  and
preserve the economic foundation of the
region.

The  Guidance consists of five protective
elements  that States   and  Tribes   will
incorporate  into their  water  pollution
control  programs:

•   Water quality criteria that will protect
    human health;

•   Water quality criteria that will protect
    wildlife;     ,

•   Water quality criteria that will protect
    aquatic life;

•   Anti-degradation   requirements   to
    maintain, water quality where current
    water quality is better than  minimum
    requirements; and,

•   Requirements  that will ensure more
    consistent implementation throughout
   'the basin.

The Guidance defines minimum levels of
protection that are needed  for pollutants
that might threaten water quality'. It is an
important part of a comprehensive, place-
based partnership involving federal, State,
tribal,  and local governments to protect
and  restore the Great Lakes ecosystem.
DEVELOPMENT OF THE GUIDANCE

Efforts to reduce the amount of persistent
toxic chemicals introduced into the Great
Lakes  environment have been under way
for many years.  The Great Lakes Water
Quality Agreement, which was signed by
"the U.S.  and  Canada in 1978,  had as a
goal  the  virtual elimination  of  toxic
substances in the region. This agreement
called  for the development/of Lakewide
Management Plans (also called "LaMPs")
for the open waters of the Great  Lakes
and Remedial Action Plans (or  "RAPs")
for designated Areas of Concern.

While  this agreement remains in effect
and real environmental gains are being
achieved, studies have  shown that more
needs  to be done to further reduce the
inflow of persistent toxic  chemicals into
the environment.

In  .the late 1980's,  a major effort was
undertaken to further assess the presence
of  toxic  chemicals in the Great  Lakes
environment and review the risks that they
presented to humans and the environment.
This effort lead to the formation  of the
Great   Lakes   Water  Quality  Initiative
which  was organized  by  EPA at the
request of the Great Lakes States in 1989.
The Initiative was  designed to assemble
the  best,  most  up-to-date  scientific
information on persistent toxic chemicals
in the  Great Lakes basin. A great deal of
data  were   collected  and   analyzed,
regulations  were  reviewed,  and  health
risks  were assessed with  the  goal  of
developing new approaches to reduce the
flow of persistent toxic chemicals into the
basin's ecosystem.

The   management  structure   for  the
Initiative includes a Steering Committee,
a Technical Work Group, and  a  Public
Participation Group.  The three groups
worked  together  to  produce the  basic

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 technical contents of the Guidance which,
 at  that  time,  was  to  be  implemented
 voluntarily  throughout  the  Great Lakes
 basin.

 •  A Steering Committee of the Great
    Lakes State water program directors
    and  staff from  EPA Regional and
    Headquarters offices. This committee
    discussed policy issues,  directed the
    Technical Work Group,  and  ratified
    work  group  products   for  EPA
    consideration.

 •  A Technical Work Group of staff from
    the Great Lakes State water program
    agencies,  EPA,  the U.S.  Fish  and
    Wildlife   Service,  and   the  U.S.
    National Park .Service.   This  work
    group prepared the  various proposals
    and submitted them for consideration
    by the Steering Committee.

 •  A Public  Participation   Group  of
    representatives from  environmental
    groups, municipalities, industries, and
    academia that were located  in the
    region.   This group  monitored the
    deliberations  of   the   Steering
    Committee and the Technical Work
    Group, advised them  of  the public's
    concerns,   and   kept   its   many
    constituencies   apprised  of   the
    activities associated with the Initiative.
The Initiative was well underway in 1990
when Congress amended the Clean Water
Act. In so doing, Congress formalized the
process for developing the Guidance and
the way it was to be adopted in the region.
The Act requires EPA  to publish the
Guidance and requires the Great Lakes
States to adopt  provisions consistent with
the  Guidance  into  their  water  quality
standards within two years  after  the
Guidance is  published.   Congress also
required  that the Guidance conform with
 the objectives of the U.S./Canadian Great
 Lakes Water Quality Agreement of 1987
 and that it  be no  less restrictive than
 current U.S. national water quality criteria
 guidance.

 EPA  proposed  the Guidance  in  the
 Federal  Register  in April   1993   and
 encouraged public comment.  Along with
 the   proposed  Guidance,   EPA  also
 published  for  comment  a  preliminary
 analysis of the expected costs and benefits
 associated  with   its  implementation.
 During the comment period that followed,
 the  States  and EPA conducted public
 meetings  throughout the  Great Lakes
 States, and EPA held public hearings on
 the proposed regulations in August 1993
 and April 1994.  As a result of this public
 process,  EPA  considered over  26,500
 pages  of  comments from  over  6,000
 commenters   in   preparing   the   final
 Guidance.
    The following sections describe the
    protective features of the Guidance.
CRITERIA   TO   PROTECT  HUMAN
HEALTH

The Guidance  contains numeric human
health criteria for 18  pollutants.  It also
includes Tier I and Tier II methodologies
for States to derive cancer and non-cancer
human  health   criteria  for  additional
pollutants.   Tier  I human health criteria
are  used   to   establish  ambient
concentrations of chemicals which,  if not
exceeded in the Great Lakes System, will
protect  humans  from adverse  health
impacts  from  that  chemical due  to
consumption of aquatic  organisms and
water.

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For each chemical,  the chronic criteria
reflect long-term consumption of food arid
water  from  the Great  Lakes  System.
Human health criteria  in the  Guidance
are based on fish consumption rates that  *
are higher than the rates  used  elsewhere
in the country to reflect more  accurately
the fish  consumption rates of  people in
the basin.
CRITERIA  TO  PROTECT  AQUATIC
LIFE               -

Aquatic life criteria, developed by EPA,
are  used  to  establish  ambient  concen-
trations  for  pollutants,  which,  if  not
exceeded,  will  protect  fish  and  other
aquatic life from adverse effects.  The
Guidance contains numeric, Great Lakes „
specific, criteria to protect aquatic life for
15 pollutants.  These are referred to in the
Guidance'as  Tier /criteria.   They are
based  on  an   extensive   amount  of
laboratory toxicity data for a variety of
aquatic   species   (e.g.,   fish,  benthic
invertebrates,   and  plants)   that   are
representative of aquatic species  as  a
whole.

The  Guidance  also   includes  Tier  II
methodologies  so that the  States  and
Tribes may develop consistent values for
chemicals when not enough data for Tier
I criteria exist.  Both  criteria and values
are   used  to  set  water  quality-based
effluent limits in permits that are issued to
dischargers.

Use  of the two-tiered methodologies in
these situations  improves  the  current
practice  where  regulatory   authorities
translate   narrative   criteria   in  their
standards  on  a  case-by-case  basis  to
calculate total maximum daily loads and
individual discharge permit  limits.  The
Guidance will help States do this  more
uniformly throughout the basin.
Both acute and chronic criteria to protect
aquatic life  from short and long-term
exposures to pollutants  are addressed in
the Guidance. The acute criterion sets the
maximum concentration of a chemical that
can exist in a water body and still protect
organisms  from  short   exposures.   A
chronic  criterion sets  the  maximum
concentration of a chemical that can exist
in a water body that will protect organisms
from exposures over  an  entire lifetime.
CRITERIA TO PROTECT WILDLIFE

Wildlife  criteria are used  to  establish
ambient   concentrations  of   chemicals
which,  if  not  exceeded,  will  protect
mammals and birds from adverse impacts
due to consumption of contaminated food
or water. The Guidance' contains numeric,
Great Lakes specific, criteria  for  four
chemicals  (PCBs,  mercury, DDT,  arid
dioxin) and  provides a methodology for
deriving criteria for other bioaccumulative
chemicals.

In developing wildlife criteria, EPA used
pollutant-specific hazard data and species-
specific exposure parameters for mammals
and  birds that reside in the basin.  For
each   chemical,  only a chronic  (long
duration) criterion is expressed  because
adverse effects to wildlife normally occur
only  over relatively long periods of time
through continued exposure.
BIO ACCUMULATION FACTORS (BAFs)

A major innovation in the Guidance is the
use of Bioaccumulation Factors (BAFs) in
calculating  wildlife  and human health
criteria. BAFs are used to account for the
property  of   certain   chemicals   to
concentrate at higher levels in the food
chain than may be found in the water.

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  For   example,  a  plant  species  may
  concentrate a chemical from  the water,
  and an invertebrate  species may further
  concentrate the  chemical by'eating that
  species  of plant.  A bottom-feeding fish
  species may concentrate the chemical even
  further by eating that invertebrate and a
  predator fish  may  concentrate  it even
  further by eating that fish.

  Historically, most States  and EPA have
  generally   used   the   concept    of
  "bioconcentration"   instead    of
  "bioaccumulation."      Bioconcentration
  considers only uptake from the water, not
  the food chain  steps  discussed above.
  EPA  believes that using  BAFs is more
  appropriate  and protective of the Great
  Lakes System.
 PROTECTION OF CURRENT  WATER
 QUALITY - ANTIDEGRADATION

 The  term antidegradation refers to  the
 policy that a  State or Tribe must follow
 when an action, such as construction of a
 new  facility that will  discharge  into  a.
 water body or increased discharges from
 an existing facility, is proposed that may
 lower the quality  of water in  a  river,
 stream, or lake. The Guidance reinforces
 national regulations and underscores the
 importance of ensuring that such actions
 are carefully weighed against the benefits
.of the proposed actions -- with full public
 participation in that process.

 The Guidance includes instructions on the
 kinds of reviews and public participation
 that must be carried out so that all States
 and Tribes implement these requirements
 in  a  consistent  and  environmentally
protective manner.  For example:

 •   If a State  or Tribe has designated  a
    water body as an Outstanding National
      Resource  Water  (ONRW),  then no
      permanent lowering of water quality is
      allowed  under  any  circumstances.
      This designation is reserved for waters
      of  exceptional   importance  or
      sensitivity, such as those  in national
      parks or wildlife refuges.

      The Guidance provides procedures on
      how the  States and Tribes are to
      determine when  a proposed  action
      involving  persistent bioaccumulative
      Chemicals of Concern (BCCs) will
      result  in  a  significant lowering of
      water   quality,  and  outlines   the
      procedures   to  be   followed  in
      determining ;whether such  lowering is
      necessary.

     Water  quality can  not be degraded
     below existing uses (i.e., any uses that
     a water body has actually supported
     since 1978). For example, if a water
     body has   supported  a fishery,  no
     pollutant can be discharged at a level
     that  would harm  that  fishery and
     therby ensure that use.
 IMPLEMENTATION:  TRANSLATING
 WATER QUALITY STANDARDS INTO
 REGULATORY CONTROLS

 The  Clean  Water  Act   requires  all
 dischargers to surface waters in the U.S.
 obtain  a permit  from the  appropriate
 permitting authority. The permit specifies
 the pollutants 'and the  amounts of each
 that may be discharged by a facility to
 ensure  that water quality  standards are
 met in  the receiving waters.  Until this
 Guidance was developed, the process for
 determining these amounts, however, has
varied from State to State in the basin.

The implementation procedures included
in the Guidance are designed to bring a
more  consistent method of calculating

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allowable pollutant discharges based  on
water quality standards.

Selected implementation procedures are
addressed in the Guidance, but they are
not meant to address the entire water
pollution   control  program.      The
procedures included are  the  ones that
were  identified by the Technical Work
Group and the Steering Committee of the
Great  Lakes Water Quality Initiative as
most   critical to  assuring  consistency.
Specific  implementation  procedures
included in the Guidance are:

•   How much mixing and dilution, if any,
    is   to  be  allowed,  in  calculating
    discharge permit limits;

•   How discharge permit limits should be
    expressed,  monitored,  and evaluated
    when  the  amount   that  can  be
    discharged is below levels that can be
    quantified by analytical techniques;
           f -
•   How  Total  Maximum Daily  Loads
    (TMDLs) should  be  calculated for
    waters not expected  to meet water
    quality   standards   after  the
    implementation of technology-based
    controls.  This  is a computation of the
    amounts  of  pollutants that can  be
    added to a water body while still, with
    a margin of safety,  maintaining water
    quality standards.  They are the basis
    for limiting point and nonpoint source
    discharges;     '

•   How  adjustments  to water  quality
    criteria should account for the unique
    characteristics  of particular locations
    within the basin;

•   How background concentrations (i.e.,
    chemicals already  in  a  water body)
    should   be   considered   when
    determining discharge limits;
•   How and when variances from water
    quality standards should be granted;

•   When water quality-based permit limits
    will be required for dischargers;

•   How the various water quality criteria
    will be applied to  different  types of
    water bodies; and            >

•   How much time dischargers will be
    given to come into compliance with
    new controls.

The water quality criteria and implemen-
tation    procedures   contain  special
provisions for Bioaccumulative Chemicals
of  Concern',  including phasing out of
mixing zones whenever possible.  They
also include  provisions to  account for
pollutants present in intake waters, so that
dischargers are provided some relief for
pollutants in their wastewater that they did
not generate.
FOR ADDITIONAL INFORMATION

For additional information on the Great
Lakes Water Quality Initiative process or
the Water Quality Guidance for the Great
Lakes  System,  please  contact the  EPA
offices listed below:
Contact for the Great Lakes basin State of
New York:

Uf S. Environmental Protection Agency
Region II
Public  Information Office
345 3rd Street, Suite 530
Niagara Falls, New York  14303
Phone: 716-285-8842

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 Contact for the Great Lakes basin State of
 Pennsylvania:

 U. S. Environmental Protection Agency
 Region III
 841 Chestnut Building
 Philadelphia, PA 19107
 Phone: 800-438-2474
Contact for the Great Lakes basin States
of Minnesota, Wisconsin, Illinois, Indiana,
Michigan, and Ohio:

U. S. Environmental Protection Agency
Region V
77 West Jackson Blvd.,
Chicago,  IL 60604
Phone: 800-621-8431
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