United States
Environmental Protection
Aqfincy
Permits Division
EN-336
Washington, DC 20460
July 1986
Water
Program Survey -
Biological Toxicity Testing
in the IMPDES
Permits Program
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C:lfO
PROGRAM SURVEY
BIOLOGICAL TOXICITY TESTING IN THE NPDES
PERMITS PROGRAM
JULY 1986
PERMITS DIVISION
OFFICE OF WATER ENFORCEMENT AND PERMITS
U.S. ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D. C. 20460
HEADQUARTERS LIBRARY
ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, O.C. 20460
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
OFFICE OF
WATER
vJ »'
MEMORANDUM
SUBJECT: Regional and NPDES State Toxicity Program
Summary Report
FROM: Martha G. Prothro, Director
Permits Division (EN-336)
TO: Users of the Document
This report summarizes an informal telephone survey on
the use of biological toxicity testing in the NPDES permits
program. State and EPA Regional personnel were contacted
by CENTEC Corporation during the summer of 1986. The program
staffs were asked if biological testing is used to assess
and control the discharge of toxic substances from industrial
and municipal facilities. Copies of the individual summaries
were sent to each Region or State for verification, and should
tae correct as of July 1986, when it was compiled.
This report highlights how different programs have tackled
the effluent toxicity problem. The Permits Division has not
independently verified the results of the survey. Nor did we
or the contractor look at individual permits. State regulations
or procedures referenced in the report. The intent is to give
general information on each State's toxic control program.
I hope that you will find this report to be a useful "snap-
shot" of NPDES State and Regional efforts to identify and control
toxic discharges to our Nation's waters.
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TABLE OF CONTENTS
PAGE
INTRODUCTION 1
RESULTS OF SURVEY 2
EPA REGIONAL PROGRAMS 9
INDIVIDUAL STATE PROGRAMS 19
TABLE: Summary of NPDES Required and State Program Testing 5
FIGURE 1: Percentage of Major Industrial Permits with
Bioassay Requirements 6
FIGURE 2s Percentage of Major Municipal Permits with
Bioassay Requirements ..... 7
FIGURE 3: Number of Permits that Have Toxicity Limits . . 8
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INTRODUCTION
The EPA Office of Water published the Policyfor the Development
of Water Quality-Based Permit Ij. imitations for Toxic Pollnt--ant-.fi on March
9, 1984 (49 Federal Register 9016). An important aspect of this policy
is the use of biological testing of effluents to assess and control the
discharge of toxic pollutants from industry and publicly owned
treatment works (POTWs).
An informal telephone survey of the NPDES States and EPA Regions
was conducted in June and early July to determine the current use of
biological testing for effluents. To conduct this survey, EPA
contracted with CENTEC Corporation. Regions and States were asked the
number of NPDES permits they administered, the number of permits with a
biological toxicity testing requirement, the number of permits with
expressed toxicity limits and with requirements for toxicity reduction
evaluations. Regional and State programs were discussed, including the
use of biological testing such as acute and chronic bioassay
techniques, instream biotic assessments, water quality trend monitoring
at fixed locations, aquatic organism flesh analyses for bioaccumulative
materials, as well as any other use of biological investigative
techniques. This report is a summary of the telephone conversations.
EPA has not independently verified the results of this survey.
Nor did EPA or the contractor look at individual permits, State
regulations or procedures referenced in the report. The intent of this
summary is to give general information on the use of biological testing
in Regional and NPDES State toxic control programs.
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RESULTS OF THE SURVEY
The use of biological testing to identify toxicity in point source
discharges by NPDES delegated authorities must be characterized as
"diverse." Programs related to biological effluent testing range from
"no current program" through an ".emerging program" to a "developing
program." To date, few States have a formal written policy or strategy
on the use or role of biological testing in their NPDES program.
However, many States have developed preliminary policy or strategy
documents or are in the process of developing them.
Biological testing methods used to characterize environmental
effects of discharges of toxic pollutants take various forms.
Generally, biological methods are segregated into two groups: effluent
testing and receiving water testing. State permit programs use both
methods, but permit-required effluent testing is more prevalent.
This survey focused on bioassays where organisms are exposed in a
static or flow-through environment of undiluted or diluted wastewater
for 96 hours or less to simulate acute exposure or up to 7 days to
simulate chronic exposure. Various organisms are used in effluent
bioassays; the EPA published a list of such acceptable organisms in
Table 1 of Methods for Measuring the Acute Toxicity of Effluents to
Freshwater and Marine Organisms {EPA/600/4-85/013}. The EPA
publication, Short-Term Methods for Estimating the Chronic Toxicity of
Effluents and Receiving Waters to Freshwater Organisms {EPA/600/4-
85/014) , provides details for conducting the 7-day chronic bioassays.
There are various biological methods appropriate for ambient or
receiving water testing and these provide the capability of identifying
environmental damage from toxic pollutant to some extent. Methods
employed by States include studies and assessments related to
macroinvertebrates, fishes, algae, periphyton, protozoa, primary
productivity, sediment bioassays, fish flesh tainting, fish and mussel
flesh analyses for bioaccumulated substances, caged organism toxicity,
fish and invertebrate chronic bioassays, sediment analyses, and fish
avoidance reactions.
Several summarizing statistics result from this study:
o 1,802 NPDES permits, 24 percent of the number of major permits,
require biological toxicity testing.
o 1,417 industrial permits require effluent biological toxicity
testing; this is 79 percent of permits requiring testing and 38
percent of the number of major industrial permits.
o 385 municipal permits require effluent biological toxicity
testing; this is 21 percent of permits requiring testing and 11
percent of the number of major municipal permits.
o 37 States require industries to conduct bioassays.
o 27 States require municipalities to conduct bioassays.
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o 16 States have toxicity effluent limits in 54 percent of the
industrial permits that require biological testing.
o 10 States have toxicity effluent limits in 71 percent of the
municipal permits that require biological testing.
o 16 States have a bioassay requirement in industrial permits only.
o 13 States have five or less, but at least one, permits with a
biological toxicity testing requirement.
o 8 States do not require effluent biological testing.
o States with more than 50 industrial permits, or more than 50
percent of their number of major industrial permits, which
require effluent biological testing include Arkansas,
California, Louisiana, Mississippi, New Jersey, Oklahoma,
Rhode Island, South Carolina, Texas, Virginia, Washington,
West Virginia, and Wisconsin.
o States with more than 50 municipal permits, or more than 50
percent of their number of major municipal permits, which
require effluent biological testing include California,
Maryland, New Jersey, Rhode Island, and Virginia.
o As an adjunct to permit language, Alabama, North Carolina, and
Wisconsin require biological effluent testing via
administrative letter or as a condition of permit application.
o Hawaii, Louisiana, Nevada, Oregon, South Carolina, and Virginia
require receiving water biotic assessments in some permit
language.
o Georgia, Michigan, and New Jersey have new, recently constructed
or under construction, toxicity testing stationary laboratories.
o New Jersey, South Carolina, and Utah have State biological
laboratory certification programs.
o 23 States conduct static acute bioassays, some as many as 150 per
year.
o 20 States conduct 96-hour flow through or 7-day chronic bioassays,
generally 2 to 12 per year.
o 29 States conduct receiving water biotic assessments at a combined
total of 1000 locations per year.
o 25 States have fish or shellfish flesh analyses programs, which
include 1300 locations per year.
o 14 States operate mobile bioassay laboratories.
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There are indications that States may be changing their policies
regarding potential toxicity problems. These policy shifts will
result in more permits requiring effluent biological testing, usually
as they are renewed, greater emphasis on chronic rather than acute
bioassays, and a greater number of municipal permits containing
biological testing language. Presently, six States project programs
that might be considered aggressive, and at least 20 additional States
have projected significant biological testing program increases.
During the telephone conversations, the following programmatic
issues were highlighted:
o Biological laboratory certification - many States expressed
the need for a biological laboratory certification program,
but because of size or resources are now incapable of
implementing such.
o Tropical waters testing methods - there is a belief in West
Coast States, and in the Islands, that current bioassay
methodologies may be inappropriate for tropical and West Coast
oceanic waters.
o Managing municipality toxicity testing - several States asked
for information regarding the management of municipality
toxicity testing implemented by other States.
o Evaluating human health concerns - most States now manage
human health concerns through chemical specific effluent
analyses; some States are experimenting with the Ames test;
many States employ ambient water fish flesh analyses for
constituents of concern, and some coastal States have mussel
watch programs.
A summary of NPDES permit-required testing by State and tests
conducted by States in their individual programs is presented in the
following table and figures.
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SUMMARY OF NPDES REQUIRED AND STATE PROGRAM TESTING
STATES
NPDES PERMITS
1 STATE PROGRAMSJ
Alabama
Alaska
Arizona*
Arkansas
California
Colorado
Connecticut
Delaware
D. C.
Florida
Georgia
Hawaii
Idaho
Illinois
Znd iana
Iowa*
Kansas*
Kentucky
Louisiana
Main*
Maryland
Massachusetts
Michigan*
Minnesota
Mississippi
Missouri*
Montana*
Nebraska*
Nevada
New Hampshire
New Jersey
New Meiico
New York
North Carolina
North Dakota*
Ohio*
Oklahoma
Oregon
Pennsylvania*
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont*
Virginia
Washington
West Virginia
Wisconsin
Wyoming
TOTALS
No. Of STATES
82
308
23
56
98
70
130
21
0
122
60
19
42
104
88
34
14
205
145
56
52
57
122
28
39
70
6
26
3
57
200
16
166
94
7
150
36
23
171
16
80
4
86
234
19
8
100
45
75
62
30
3759
25
2
0
34
440
0
1
5
0
35
25
2
3
4
6
0
0
17
100
10
13
10
3
2
20
0
2
0
0
10
118
5
10
30
0
1
22
15
0
12
55
0
12
133
0
0
120
40
39
36
0
1417
25
0
0
0
440
0
1
0
0
35
0
0
0
0
0
0
0
1
0
8
0
8
0
0
4
0
0
0
0
8
118
0
0
30
0
0
0
2
0
0
5
0
5
0
0
0
0
30
39
0
0
759
85
19
19
59
148
70
68
15
1
125
120
11
28
175
94
62
32
56
75
68
35
€8
95
50
45
70
17
44
10
69
160
21
266
121
15
155
59
36
225
19
115
29
75
241
39
31
25
45
34
88
20
3652
r o
0
0
0
110
8
0
1
1
10
1
1
2
1
0
0
0
3
0
8
20
8
2
0
0
0
0
0
1
9
111
0
10
24
0
0
0
0
0
12
5
1
2
0
14
0
25
3
0
0
2
385
0
0
0
0
110
0
0
0
0
10
0
0
0
1
0
0
0
2
0
5
0
5
0
0
0
0
0
0
1
5
111
0
0
24
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
274
0
0
0
0
0
0
0
0
0
0
0
3
0
0
0
0
0
0
6
0
0
0
0
0
0
2
0
0
1
0
0
0
0
0
0
0
0
1
0
0
40
0
0
0
0
0
20
0
0
0
0
73
FEW
0
0
12
SOME
2
100
0
0
0
MANX
0
0
25
15
0
FEW
50
0
0
FEW
0
30
75
15
0
10
0
0
0
5
0
0
ISO
0
75
0
4
0
0
100
0
MANY
0
0
0
36
0
100
0
0
23
nio
0
0
0
SOME
2
10
0
0
0
12
0
0
10
0
0
0
0
0
0
FEW
0
5
2
0
16
2
0
0
0
5
0
10
12
0
10
0
30
0
0
10
0
12
0
0
0
2
6
0
0
0
20
I 7
0
0
40
0
3
6
2
0
0
20
0
0
30
5
2
4
12
0
0
0
0
50
0
1
200
8
6
0
0
FEW
6
5
SO
0
20
0
15
35
0
15
16
12
0
0
0
FEW
0
60
450
0
29 I
* States with a principally pollutant specific approach for toxics.
1. Numbers may represent major and minor permits.
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EPA REGION I
REGION/STATE: US Environmental Prptegtion Agency. Region I
ADDRESS: John, F. Kennedy Federal BuJ.ldj.ng. Room 2203
Boston. MA 022Q3
CONTACT: Mr. Steve Silva.Chief Mr. Clyde Shufelt. Chief
Industrial Permits Section Municipal Permits Section
?HONE: (6171 223-5Q61 1611) 223-5470
SUMMARY: The EPA Region I policy on biological toxicity testing is
described in detail in the summary for the State of Maine. Biological
testing is required for industrial or municipal dischargers scheduled
for permit issuance where technology based pollutant limitations
diluted by the receiving water {7Q10 for acute toxicity and 30Q2 for
chronic toxicity} cannot meet acute or chronic water quality criteria
specified in the water quality criteria documents (45 FR 79318,
November 29, 1980) or more recently updated drafts of final criteria
documents. Discharges containing chemicals for which criteria have
not been developed are evaluated on a case-by-case basis to determine
the likelihood of water use impairment.
Four acute bioassays using a daphnid and the fathead minnow must
be conducted over a 60-day period. Permits containing chemical
specific limits based upon biological toxicity testing will include a
requirement for a semi-annual or annual acute toxicity test. The
permittee may accept water quality criteria-based chemical specific
permit limits in lieu of biological toxicity testing if such can be
met with available treatment technology. Toxicity Reduction
Evaluations may be required to bring an effluent into compliance with
Water Quality Standards provisions prohibiting discharges of toxic
substances in amounts toxic to human health or aquatic life. The
Regional policy currently contains no provisions for testing related
to human health.
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EPA REGION II
REGION/STATE!
ADDRESS:
US Environmental Protection Agency.Region II
Permit Management Section
26 Federal Plaza
New York. NY 10278
CONTACT: Mr. George C. Meyer. P.E.. Chief Mr. Michael Minerva
Permits Management Section Permits Management Section
PHONE:
(212) 264-2911
(2121 264-1859
SUMMARY: Region II's toxicity testing policy considers all new permit
applications and reissuances of prior permits. The Region determines
a "toxicity potential assessment" for a permittee which is an
evaluation using the following factors:
o Dilution of effluent by the receiving water
o Existence of sufficient toxicity testing data to assess
potential for instream toxic impacts
o Classification/Use and importance of receiving water
o Industrial category and specific processes/products
(industrial permits)
o Percent industrial contribution and industrial categories
(municipal permits)
o Existence of priority pollutants or other toxic chemicals.
Testing is conducted on a two-tier basis. Tier one testing
requires 48-hour acute static renewals with at least two species, a
vertebrate and an invertebrate using the fathead minnow and Daphnia
magna for freshwater discharges and the silverside (Menidia sp.) and
Mysidopsis bahia for discharges to saline waters. In an effort to
include all processes which occur at the facility, at least four tests
are to be conducted over a time period representative of all facility
processes. Grab or composite samples are to be used where acute
toxicity is of concern.
Tier 2 testing "should be directed at obtaining data necessary to
refine the impact assessment." This may include chronic toxicity or
instream toxicity tests. Compliance monitoring of the discharge may
be required to ensure that the toxicity of the effluent does not
change. Toxicity Reduction Evaluations may also be required, followed
by a compliance schedule and the imposition of toxicity limits.
Region II's program objective of requiring toxicity testing or
limitations in NPDES permits is "to prevent toxics from being discharged
in amounts which are acutely and chronically toxic to aquatic
organisms." The policy does not address human health effects which
the policy states should be addressed through chemical-specific approaches.
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EPA REGION III
REGION/STATE: US Environmental Protection Agency.. Region III
ADDRESS: 841 Chestnut Street
Philadelphia. PA 19107
CONTACT: Mr. Dale Wismer. Chief
Water Quality Control Section.Water Management Division
PHONE: f2151 597-8244
SUMMARY: Region III has not developed a formal policy relating to the
control of toxic pollutants. All States within the Region have
delegated NPDES authority. The Region has relied on EPA Headquarters'
guidance, provided each of the States with the Technical Support
Document for Water Quality-Based Toxics Control, and asked the States
to develop their individual policies based upon such guidance. Most
of the Region's States have submitted initial draft policies and all
States are in the process of developing final policy statements.
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EPA REGION IV
REG I ON/STATE: US EnvironmentalProtection Agency. Region IV
ADDRESS:
345 Courtland Street. N.E.
Atlanta. GA 30365
CONTACT:
PHONE:
Mr. Marshall Hyatt. Environmental Scientist
Facilities Performance Branch. Water Management Division
(404) 347-2156
SUMMARY: With the exception of the State of Florida, all of the States
within Region IV have delegated NPDES authority. Region IV administers
the NPDES program for the State of Florida. For those States with NPDES
authority, Region IV has issued guidance in the form of proposed permit
toxicity limits and monitoring requirements. This guidance follows that
set forth in EPA's 1985 Technical Support Document for Water Quality-
Based Toxics Control, in Methods for Measuring the Acute Toxicity of
Effluents to Freshwater and Marine Organisms (EPA/600/4-85/013), and in
Short-Term Methods for Estimating the Chronic Toxicity of Effluents and
Receiving Waters to Freshwater Organisms (EPA/600/4-85/014). The
biomonitoring guidance is summarized as follows:
When instream waste concentration is greater than or equal to one
(1) percent at critical low-flow conditions, the permittee shall conduct
a 7-day Ceriodaphnia survival and reproduction test and a fathead minnow
larval survival and growth test on a 24-hour composite sample on an
effluent concentration equivalent to the instream waste concentration
with test solutions renewed daily. Toxicity tests shall be conducted
every two months for a period of one year following initiation of the
tests and once every six months thereafter for the duration of the
permit. A permit violation occurs when toxicity is found in the initial
and a confirmatory bioassay. Test procedures are those recommended in
EPA/600/4-85/014.
When the instream waste concentration is less than one (1) percent
at critical conditions, the permittee shall conduct 48-hour static
toxicity tests on three appropriate species including a fish, an
invertebrate, and one species selected from EPA 600/4-85/013, Table 1.
Tests shall be conducted once every two months on 100 percent effluent
for a period of one year following the initiation of the test and once
every six months thereafter for the duration of the permit. Four
separate grab samples of final effluent shall be collected at evenly
spaced intervals over a 24-hour period and used in four separate tests
in order to catch any peaks of toxicity and to account for daily
variations in effluent quality. Test procedures are those recommended
in EPA/600/4-85/013.
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EPA REGION V
REGION/STATE: US Environmental Protection Agency. Region V
ADDRESS: 230 South Dearborn Ave.
Chicago. IL 6Q6Q4
CONTACT: Mr. James Giattina
Permits Section
PHONE: (312) 353-1869
SUMMARY: Region V is developing a general guidance strategy for its
States with regard to integrating chemical specific and toxicity
testing techniques into a toxicant control program. All of the
Region's States have NPDES delegated authority. Through a combination
of Regional and State biomonitoring efforts, and biomonitoring
requirements and toxicity limits contained in NPDES permits, all major
industrial and municipal discharges for which there is a suspicion of
toxicity will be evaluated over a 5 year period. The Region currently
conducts acute and chronic bioassays, algal assays and the Ames test
on selected discharges at its Central Regional Laboratory. The acute
tests are performed most often and consist of the 48-hour acute static
test on Daphnia pulex and a 96-hour acute static test on fathead
minnows per the EPA Guidance Manual 600/4-85/013. A number of chronic
tests are performed each year as well. Regional biomonitoring also
includes a special study conducted on the Indiana Harbor/Grand Calumet
system involving chronic testing of point source discharges. The
Region performs approximately 80 compliance monitoring bioassays per
year in addition to the State tests.
The Region encourages the use of the Ames test as a screening
tool only.
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EPA REGION VI
REGION/STATE: USEnvironmental ProtectionAgency. Region VI
ADDRESS:
1201 Elm Street
Dallas. TX 75270
CONTACT:
PHONE:
Mr. Craig Weeks
Industrial Permit Writer
(214) 767-4381
SUMMARY: Region VI has developed a written toxicity testing policy
for its States since none of the States currently has NPDES permitting
authority. Under the Region's policy, approximately 300 new and
reissued major industrial permits contain standard biomonitoring
language which requires a quarterly bioassay to be conducted for at
least the first two years of the permit's life. The bioassay required
is the "Range-Finding Screening Test" set forth in the EPA guidance
document Methods for Measuring the Acute Toxicity of Effluents to
Freshwater and Marine Organisms (EPA/600/4-85/013). The required
organisms, Daphnia spp. or My s id ops is spp. (depending on water
salinity) must have a survival rate of 80 percent or greater in 100
percent effluent for 24 hours. If at any time during the two year
testing period, the organisms do not have an 80 percent survival rate,
a replacement static 48 hour median lethal concentration (LC50) test
must be conducted on the same species.
Currently, Region VI is compiling the information received from
the above-described tests and plans on using the generated data to
build a data base upon which to place biomonitoring limits in permits.
The Region also intends to use the data to assist States in
determining current or potential problems in receiving waters.
There have been approximately 25 evidentiary hearing requests
which challenged EPA's authority to require biomonitoring of effluents
as opposed to receiving waters in NPDES permits. The hearings were
denied by the Region and the denials were upheld by EPA Headquarters.
There are Regional Inspectors who perform periodic compliance
inspections around the Region which include sampling and analysis for
chemical limits as well as spot-checking bioassays.
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USEPA REGION VIII
REGION/STATE: US Environmental Protection Agency. Region VIII
.ADDRESS: One Denver Place
999 18th Street. Suite 1300
Denver. CO 8Q2Q2-2413
CONTACT:
PHONE:
Mr. James Lazorchak
Water Management Division
(303) 293-1581 or (303) 236-5088
SUMMARY: Region VIII does not currently have a formal written
biomonitoring program. Each of the four delegated States do have some
type of program; however, a shortage of manpower and/or expertise in
the States has led the Region to solidify a regional program which
consists of general policy guidance and technical assistance through
the use of its mobile laboratory and in-house laboratory capabilities.
In addition, there are Regional Inspectors who assist the States in
monitoring compliance.
The general Regional program is based on acute whole effluent
bioassays on fish. The program is moving toward using 7-day chronic
whole effluent testing on Ceriodaphnia. but the Region has just
recently developed the capabilities to conduct such testing.
Presently, the testing requirements have been placed only on
municipalities; with the exception of mining, few industries exist
with significant discharges. However, the Region has begun placing
testing requirements on other industrial categories including Air
Force Bases and municipal airports.
The criteria upon which a biomonitoring permit condition is based
are facility size and/or whether toxic effluent is suspected at the
facility. Biomonitoring requirements are assessed to municipalities on
a case-by-case basis upon permit reissuance.
Four of the States in the Region are delegated NPDES States but
none has pretreatment delegation. The Region is using biomonitoring
as a screening tool for determining pretreatment compliance.
When a toxicity problem is found, requirements for a toxicity
evaluation plan and a Toxicity Reduction Plan will be considered for
implementat ion.
As mentioned above. Region VIII has a mobile laboratory capable
of doing fish flow-through studies; Ceriodaphnia studies are done at a
State laboratory. The laboratory equipment is being used to foster
the overall program since none of the States outside of Colorado has
toxicity testing laboratories.
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EPA REGION VII
REGION/STATE: USenvironmental Protectipn Agency. Region VII
ADDRESS:
Water Management Division
726 Minnesota Avenue
Kansas Citv. KS 66101
CONTACT:
PHONE:
Mr. John Houlihan
Missouri State Planning Coordinator-Water Management Division
(913) 236-2817
SUMMARY: Region VII does not have a formal written policy on toxicity
testing. Currently, only two industrial permits in Missouri contain a
toxicity testing requirement among the four states in Region VII's
jurisdiction. Iowa and Nebraska do not have individual toxicity
testing programs so they depend on the Region for guidance and
laboratory assistance regarding any type of biomonitoring. Missouri
and Kansas environmental agencies do have toxicity testing programs
for screening industrial and municipal permit effluents.
Additionally, the Region has performed a limited number of static
acute bioassays on municipal and industrial discharges. Currently,
the Region relies on contract funding to outside labs or assistance
from EPA-Duluth in conducting bioassays. Both states and the EPA
contract lab use daphia and fathead minnows for acute bioassays using
various dilution ratios. The EPA-Duluth lab conducts chronic
bioassays. The Region also has been conducting fish tissue surveys
checking on bioaccumulation in urban areas because levels of chlordane
in fish tissue exceed the FDA "action levels". It is believed these
pesticide levels are the result of a non-point source problem.
University labs in Iowa, Kansas, and Missouri have the capability
for conducting bioassays and have assisted states or EPA in the past
in training or conducting bioassays.
With the exception of the bioaccumulation study discussed above,
the Region's current toxicity testing program does not focus on human
health aspects.
16
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EPAREGION IX
REGION/STATE: US Environmental Protection Agency. fiegj.on IK
ADDRESS:
Water Manaaement Division
215 Fremont Street
San Fransisco. CA 94105
CONTACT:
PHONE:
Mr. Phil Woods
Water Quality Standards Coordinator
(4151 974-8307
SUMMARY: A Regional policy on biological toxicity testing is in the
final stages of development. Region IX is pushing toward
implementation of the Technical Support Document for Water Quality-
Based Toxics Control but has not yet universally translated such
concepts into permit language for all permit reissuances. Water
quality standards of States within the Region generally express the
mandate that the survival of aquatic life in surface waters subjected
to a waste discharge or other controllable water quality factors shall
not be less than that for the same water body in areas unaffected by
the waste discharge.
Many discharges are to the Region's marine and tropical waters.
» Guidance provided in current bioassay procedural documents is believed
to be less than adequate in recommending methodology and test organism
species for such waters.
In early February, 1986, Region IX issued a letter to each of the
States in the Region that urged them to begin to fully develop the
effluent toxicity data base for water bodies where aquatic toxicity
problems have been documented or are suspected and to readjust permit
requirements accordingly.
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EPA REGION X
REGION/STATE: US Environmental ProtectionAgency. Region X
ADDRESS:
1200 Sixth Avenue
Seattle. WA 98101
CONTACT:
PHONE:
Mr. Roger Mochnick. Chief
Permits Section.
(2061 442-4817
SUMMARY: Region X is in the process of developing a policy related to
biological toxicity testing. Currently, the Regional goal is to
emphasize a standard chronic bioassay but the commercial laboratories
of the area are not yet comfortable with the chronic testing
procedures. The Region is moving in the direction of toxicity testing
for municipal, as well as industrial discharges. Their toxicity
testing program is just emerging.
Support services in the form of a mobile bioassay laboratory
equipped for the Ceriodaphnia test from the EPA Environmental
Monitoring Systems Laboratory, Las Vegas, NV, will be moving into the
Region this summer to begin an effluent testing program. Of the
States in the Region, Oregon and Washington have NPDES delegated
authority, Alaska and Idaho do not.
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ALABAMA
REGION/STATE: Alabama Department of EnvironmentalManagement
ADDRESS: 1751 Federal Drive
Montgomery. AL 36130
CONTACT:
PHONE:
Mr. J. P. Martin. Chief.
Mr. Curt Johnson
Industrial Branch. Water Div.
(205) 271-7852
Public Health Engineer
(205) 271-7848
SUMMARY: Toxicity testing on whole effluent is used except where two or
fewer toxic pollutants are present in detectable amounts. Where chemical
specific procedures are used EPA's Water Quality Criteria are the basis for
determining toxicity. The State has 82 major and 468 minor industrial
permits and 85 major and 174 minor municipal permits. In addition, there
are 4 major and 255 minor semi-public and private permitted facilities.
Twenty major and 5 minor industrial permits require toxicity testing and
have toxicity effluent limits. The criterion to require testing currently
is on a case-by-case basis based upon professional judgment regarding the
potential for a toxicity problem or knowledge of prior State testing.
Currently the State is in the process of establishing a program for
biological toxicity testing of municipal effluents. No human health
related testing or instream biotic assessment is now required.
Permit conditions, where applicable, require the permittee to submit a
proposed plan of study for conducting bioassays. The types of bioassays
required include acute tests on a fish and an invertebrate performed
monthly until consistent data are obtained or up to one year. The tier
testing principles of the Technical Support Document are followed and more
than two species may be required, as well as chronic bioassays on two or
more species.
The State policy requires no acute toxicity within the mixing zone and
no chronic toxicity outside the mixing zone. When it is determined that
the permittee's effluent instream concentration exceeds the no effect level
for that effluent, a Toxicity Reduction Evaluation that addresses both the
causative nature of the problem and solution must be undertaken, a plan
submitted to the Department, and when approved, fully implemented.
Permittees are being informed of the probability that toxicity testing will
be required in new or reissued permits.
The State does not have a commercial laboratory certification program.
The State has been doing about seven instream biotic assessments annually
including macroinvertebrate examination and electrofishing for fish
population analysis. Fish tissue analyses for metals, PCBs and other
organic constituents are undertaken at six State locations annually. The
State has performed acute static bioassays with daphnids and fathead
minnows, as well as chronic bioassays with Ceriodaphnia. A bioassay mobile
laboratory equipped with flow-through dilutors recently was purchased. The
State's immediate goal is to conduct 10 instream biotic assessments, fish
tissue analyses, and flow-through 96-hour bioassays per year.
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ALASKA
REGION/STATEj Alaska - NPDES Authority Not Delegated
ADDRESS:
CONTACT:
PHONE:
'rotection Agency •» Region X
1200 Sixth Street
Seattle. WA 98101
Mr. Roger Mochnick. Chief
Permits Section. Water Division
(2061 442-4817
SUMMARY: The State of Alaska has not been delegated NPDES authority.
EPA Region X issues 308 major and 817 minor industrial permits and 19
major and 31 minor municipal permits for the State. Two of the
industrial permits require 96-hour acute flow through bioassays using
trout and salmon. None of the permits has toxicity effluent limits.
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ARIZONA
REGION/STATEj Arizona - NPDES Authority Not Delegated
ADDRESS:
CONTACT:
PHONE:
U. S. Environmental Protection AQencv. Reaion IX
Water Management Division
215 Fremont Street
San Francisco. CA 94105
Mr. Phil Woods
Water Quality Standards Coordinator
(415) 974-8307
SUMMARY: The State of Arizona has not been delegated authority to issue
NPDES permits. EPA Region IX issues 23 major and 76 minor industrial
permits and 19 major and 29 minor municipal permits for the State.
State water quality standards provide that the survival of aquatic life
in surface waters subjected to a waste discharge or other controllable
water quality factors shall not be less than that for the same water
body in areas unaffected by the waste discharge. In implementing such
standard, the State is using a pollutant specific approach. Arizona has
established a policy requiring semi-monthly monitoring of 14 toxic
pollutants limited by State water quality standards for all major
municipal dischargers. Testing for additional toxic pollutants and
testing by other dischargers is required on a case-by-case basis. There
are no biological testing requirements in Arizona permits. Water
quality criteria are used to determine potential environmental harm from
constituent concentrations found in the monitoring program. No
particular emphasis is given to human health aspects, but radioactivity
determinations are given special attention, especially with respect to
the drinking water standards.
Most Arizona waste discharges enter normally dry washes, thus, fish
and other organisms living in such environments tend to serve as natural
and continuous bioassay organisms.
21
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ARKANSAS
REGION/STATE; Arkansas Department of Pollution Contro]
NPDES Authority Not Delegated
ADDRESS: P. 0. Box 9583
Little Rock. AK 72219
CONTACT: Mr. Roger Payne. Engineer Mr. John Giese
NPDES Permits Section Chief Ecoloaist
PHONE: (501) 562-7444
SUMMARY: NPDES authority has not been delegated to Arkansas, but the
State anticipates receiving delegation soon. According to Mr. Craig
Weeks, Industrial Permit Writer, EPA Region VI (214-767-4381), there are
56 major and 396 minor industrial and 59 major and 234 minor municipal
permits in the NPDES program. Thirty-four of the industrial permits
require biological toxicity testing in the form of an acute daphnid and
fathead minnow bioassay. Currently, biological testing is not required
of municipal permittees.
The State has an immediate goal of 6 to 12 acute daphnid and
bacterial culture bioassays per year. The capability for chronic
bioassays is in the developmental stage. The State does not operate a
mobile laboratory and there is no biological laboratory certification
program.
The macroinvertebrate populations are examined annually at about 40
locations associated with permittee discharges. About 15 of the 40
locations are further assessed by examining fish populations and
analyzing fish flesh and sediments. The flesh and sediment analyses
include metals, PCBs, pesticides, dioxin, and hexane extractable organic
compounds. The State is attempting to develop a more rapid "standard"
methodology for collecting benthic macroinvertebrates, e.g. a 5-minute
riffle sample with a Surber net, to enlarge the number of annual
macroinvertebrate collections. In the past few years, abundant
biological data have been collected en undisturbed waterways providing
substantial "background" data.
22
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CALIFORNIA
REGION/STATE: California Water Resources Control Board
ADDRESS: 901 P Street
Sacramento. CA 95833
CONTACT:
PHONE:
Mr. John Norton. Chief
Water Quality Standards and Policy Unit
(916) 322-0211
SUMMARY: The State of California administers a program with 98 major
and 943 minor industrial and 148 major and 109 minor municipal NPDES
permits. The program is administered through nine Regional Water
Quality Control Boards. There are about 550 permits that require
biological toxicity effluent testing. (This is a projected number based
upon best estimates provided by six of the nine regional Boards.) All
permits with a testing requirement also have toxicity effluent limits.
All discharges to the ocean and to the San Fransisco Bay have
permits that require effluent toxicity testing. A number of fresh water
discharges also have this requirement. The test currently required is a
96-hour static acute bioassay using killifish and threespine stickleback
for marine waters and golden shiner, fathead minnow, and juvenile
rainbow trout for fresh waters. Waste treatment for freshwater
discharges is to a "no measurable effect on aquatic life" level.
California water quality standards provide that the survival of aquatic
life in surface waters subjected to a waste discharge or other
controllable water quality factors shall not be less than that for the
same water body in areas unaffected by the waste discharge.
The State is beginning to examine the chronic bioassay tool using
three species and the methods employed by EPA in its guidance document
(EPA/600/4-85/014). It is expected that within 18 to 24 months there
will be an implemented chronic bioassay testing program for all major
discharges to the marine environment and for most of the major
discharges to fresh water.
The California Fish and Game Department and the University of
California at Davis assist with a State program of bioassay effluent and
other testing. Extensive biological investigative activities are
associated with ocean discharges. There is little field biological
activity associated with inland surface waters. Toxic substances are
monitored in fish tissues for all major rivers, and there is an
extensive mussel watch program for all ocean waters.
There is no biological testing laboratory certification program
within the State of California.
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COLORADO
REGION/STATE!
ADDRESS:
Colorado Department: of Health
Control Division
4210 E. llth Avenue
Denver. CO 8Q220
CONTACT:
PHONE:
Mr. David Akers.
Mr. Dennis Anderson
Public Health Engineer
Supervising Engineer
(303) 320-8333
SUMMARY: There are approximately 70 major and 400 minor industrial and
70 major and 400 minor municipal permits in the State NPDES program.
Biological toxicity testing is required of eight municipal permittees
where pretreatment programs have been established. There are no
toxicity limits in these permits, but if toxicity is indicated in the
test, the State expects the municipality to determine the cause. There
are no other biological testing requirements within the permit program.
The State operates a mobile bioassay laboratory. Although EPA
Region VIII has arranged to have acute and chronic bioassays completed
on some effluents, the State also does about two per year including the
7-day Ceriodaphnia test. There are one or two commercial laboratories
within the State with toxicity testing capabilities, but there is no
laboratory certification program. The State has developed its own
guidelines for bioassays which closely parallel the test procedures
developed by the EPA.
The State collects fish for fish flesh analyses from about 12
locations annually. Special water quality studies including
macroinvertebrate and fish examinations are completed on two or three
locations annually. Routine benthic organism monitoring is being
established this summer at four or five locations; rock baskets may be
the sampling tool used in this assessment.
24
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CONNECTICUT.
^^ AD
REGION/STATE: Connecticut Department of Environmental Protection
DRESS: 122 Washington Street ___
Hartford. CT 06115
CONTACT:
PHONE:
Mr. Lee Dunbar
Senior Environmental Analst
(203) 566-7049
SUMMARY: The State of Connecticut administers a permit program with 130
major and 650 minor industrial permits and 68 major and 17 minor municipal
permits. One permit currently contains biological toxicity testing
requirements. However, 10 to 12 permittees have done biological testing in
the past, undertaken toxicity evaluations, and have made necessary
adjustments which have resulted in permit modifications eliminating any
biological testing requirement. Eight or 10 permittees currently have been
required by the State to obtain biological test data.
State authorities have estimated that of the 130 major industrial
permits issued, 80 to 100 will require some biological testing within the
next two years. Most of these will require ongoing monitoring. A strategy
for dealing with the municipal water quality based toxics problem is under
development. Out of the 130 major municipal permits, it is estimated that
about 50 percent will require some type of toxicity evaluation.
Permits do not specify the type of bioassay to be performed. The
State has attempted to remain flexible on the type of bioassay conducted by
a permittee. Generally, the State has accepted acute static bioassay
results using fathead minnows and a daphnid, and mysid shrimp and other
appropriate test organisms in the marine environment. There are no
commercial biological testing laboratories within Connecticut. There is no
State laboratory certification program although the State would support a
regional laboratory certification concept.
The State operates a mobile bioassay laboratory equipped with dilutor
systems, and has a stationary laboratory in Hartford. On an annual basis,
the State conducts 100 static acute fathead minnow and Daphnia pulex
bioassays, 8 to 10 flow-through 96-hour biqassays using fish as a test
organism, and 2 to 6 instream macroinvertebrate assessments that are
oriented toward particular problem areas. The laboratory in Hartford is
initiating a chronic bioassay program using the 7-day fathead minnow and 7-
day Ceriodaphnia test. These chronic tests are viewed as a tool for
ambient water quality monitoring at a number of locations in a river basin
surveyrtype study. There is an ambient monitoring network where the
benthic macroinvertebrate community is assessed along with other analyses
twice a year at approximately 12 locations. Tissue samples are examined in
marine fishes and lobster monthly; in Housatonic River trout for PCBs, in a
number of lakes and ponds for heavy metals and pesticides, and in a couple
of run-of-the-river impoundments for mercury.
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DELAWARE
REG I ON/STATE: Department of Natural Resources and Envirpppental Control
ADDRESS:
P. 0. Box 1401
Dover. DE 19903
CONTACT:
PHONE:
Mr. Mark Blosser
Mr. Paul Jones
Environmental Engineer
Environmental Engineer
(302) 736-4590
(3021 736-5733
SUMMARY: The State of Delaware administers a permit program consisting of
21 major and 39 minor industrial and 15 major and 25 minor municipal NPDES
permits. Five of the industrial permits and one municipal permit require
biological toxicity testing. The testing is done on important receiving
water resident fish species with whole effluent. Permits require three 48-
hour static bioassays per year. If there is less than an 80 percent
survival in 100 percent effluent, the permittee must do a 96-hour flow-
through or 96-hour static renewal test. If the LC50 is found to occur in
less than 50 percent effluent, a toxicity reduction evaluation must be
performed. This process has not been formalized in permit language but is
a triggering mechanism to require toxicity evaluation and control when
toxicity may be a problem. The State has had authority since 1974 to
establish toxicity effluent limits based upon bioassay results.
There are no commercial biological laboratories in Delaware and there
is no laboratory certification program. EPA personnel from West Virginia
have provided technical support in performing acute and chronic bioassays
using Ceriodapfant3 and fathead minnows. The State expects to establish a
facility in 1986 with the capability of performing acute and chronic
bioassay testing. It is expected that the bioassays will be used to screen
ambient water for toxicity rather than for specific effluent testing. It
has not yet been determined whether or not such a facility will become
permanent. The State has done macroinvertebrate and fish instream biotic
assessments related to wastewater discharges, at a rate of 1 or 2 per year.
There are 12 water quality trend monitoring locations which the State
services.
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DISTRICT OF COLUMBIA
REGI ON/STATE: District of Columbia
NPDES Authority Not Delegated
ADDRESS:
CONTACT:
PHONE:
US Environmental Protection Agency. Regionm
841 Chestnut Street
Philadelphia. PA 19107
Mr. Dale Wismer. Chief
Water Quality Control Section. Water Management Division
f215) 597-8244
SUMMARY: The District of Columbia does not have delegated authority for
the NPDES permit program. One municipal permit, now in draft, would
require chronic bioassay testing using Ceriodaphnia. fathead minnows and
Selenastrum. The permit is for the District of Columbia Blue Plains Plant.
There are no other discharges of potentially toxic pollutants that have
come to the attention of Region III.
27
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FLORIDA
REGION/STATE: US Environmental ProtectionAgency. Region IV
NPDES authority not delegated
ADDRESS: 345 Courtland Street. N. E.
Atlanta. GA 30365
CONTACT:
PHONE:
Mr. Marshall Hvatt. Environmental Scientist
Facilities Performance Branch. Water Management Division
(304) 347-2156
SUMMARY: EPA Region IV, administers the NPDES permit program for the State
of Florida. There are about 122 major and 670 minor industrial, 125 major
and 74 minor municipal, and 3 major and 42 minor Federal facility permits
within the State. About 35 industrial and 10 municipal permits currently
require biological toxicity testing and these permits have effluent
toxicity testing limits.
In a May 5, 1986, EPA memorandum on Whole Effluent Toxicity Testing
Policy for Florida, it was stated that whole-waste toxicity limits and
biomonitoring requirements will be required in reissued domestic and
municipal Florida NPDES permits for all major facilities and for all minor
facilities with design flows greater than or equal to 0.5 MGD. Toxicity
limits and biomonitoring requirements will be included in other minor
facilties where information, including previous bioassays, indicates a
potential toxic effluent.
When the instream waste concentration is greater than or equal to one
percent at critical low flow conditions, the permittee shall conduct a 7-
day Ceriodaphnia survival and reproduction test and a 7-day fathead minnow
larval survival and growth test on a 24-hour composite sample on an
effluent concentration equivalent to the instream waste concentration with
test solutions renewed daily. Toxicity tests shall be conducted every two
months for a period of one year following initiation of the test and ones
every six months thereafter for the duration of the permit. A permit
violation occurs when toxicity is found in the initial and a confirmatory
bioassay.
When the instream waste concentration is less than one percent at
critical conditions, the permittee shall conduct 48-hour static toxicity
tests on three appropriate species including a fish, an invertebrate, and
one species selected from EPA 600/4-85/013, Table 1. Tests shall be
conducted on 100% effluent once every two months for a period of one year
following the initiation of the tests and once every six months thereafter
for the duration of the permit. Four separate grab samples of final
effluent shall be collected at evenly spaced intervals over a 24-hour
period and used in four separate tests in order to catch any peaks of
toxicity and to account for daily variations in effluent quality. A permit
violation occurs when a lethal concentration greater than 50 percent is
found in any one of the grab samples within any testing period.
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GEORGIA
REG I ON/ S TATE: Geprg |.a Department of Natural Resources
Environmental Protection Aqencv
ADDRESS: 205 Butler Street. S.E.
Floyd Towers East
Atlanta. GA 30334
CONTACT: Mr. Ernie Ern. Program Mgr. Mr. William Winn. Program Mgr.
Water Quality Management Program
PHONE: (4041 656-7400
SUMMARY: The State of Georgia administers an NPDES program with 60 major
and 500 minor industrial and 120 major and 350 minor municipal permits.
Twenty-five industrial permittees and one municipal permittee are required
to complete 48-hour acute static bioassays using daphnids and fathead
minnows as test organisms. If the screening test is failed, a permittee
must complete a 96-hour flow-through test using fathead minnows. If this
test is failed, a toxicity reduction evaluation is required. The State is
implementing a bioassay program and when toxicity is found through this
program, the applicable permits will be modified to incorporate
biomonitoring requirements.
The bioassay program in the State of Georgia will be significantly
'enhanced through two actions. The State recently purchased a mobile
bioassay laboratory that is currently being equipped and field tested. In
addition, a base laboratory in Atlanta exclusively for use in toxicity
testing and aquatic biomonitoring, is in the design stage and is scheduled
for completion in late 1986. The State expects to do a large number of
static bioassays using Daphnj.a pulex and fathead minnows, and to complete
approximately one 96-hour flow-through bioassay per month. They will
screen effluents to determine possible acute toxicity before sending the
mobile laboratory on-site for a flow-through test. The State believes that
there is a need to determine if there are any acute toxicity problems
before attacking the chronic toxicity issue.
The State annually samples 30 locations with chemical analyses and for
macroinvertebrates for trend water quality monitoring. Of the 30, 6
locations are sampled for fish. At 20 locations, fish flesh and sediments
are examined for heavy metals and selected organic compounds, and at 13
estuarine locations, shellfish are examined for the same constituents.
Biological impact studies related to point sources are made at 15 to 20
locations annually where macroinvertebrates are examined.
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HAWAII
REG ION/STATE: Hawaii Department of Health
ADDRESS:
P. 0. Box 3378
Honolului HI 96801
CONTACT:
PHONE:
Mr. Dennis Lau. Chief
Environmental Permits Branch
(8081 548-6410
SUMMARY: The State administers an NPDES program that includes 19 major arid
55 minor industrial permits and 11 major and 8 minor municipal permits.
Two industrial and one municipal renewal permit require acute 96-hour
static bioassays using fish as the test organism. Most discharges are to
the marine environment and the appropriate aquatic species and type of
bioassay remain uncertain. To date, toxic discharges have not been
identified, hence there have not been toxicity reduction evaluations.
Permittees with a biological testing requirement have completed
comprehensive investigations of receiving water environments including
coral, benthic organism assessments and fish. The State submits the
results of such assessments to the University of Hawaii for assessment,
interpretation and recommendations. The State has the capability for
limited biological investigations.
There are no standards for specific toxic pollutants in Hawaii's water
quality standards, with the exception of ammonia in marine waters.
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IDAHO
REGION/STATE: Idaho - NPDES Authority Not Delegated
ADDRESS:
CONTACT:
PHONE:
USEnvironmentalProtection Agency. Region
1200 Sixth Avenue
Seattle. WA 98101
Mr. Roger Mochnick. Chief
Permits Section^ Water Division
(206) 442-4817
SUMMARY: The State of Idaho has not received authority to administer an
NPDES permit program. EPA Region X issues 42 major and 273 minor
industrial permits and 28 major and 94 minor municipal permits for the
State. Three industrial and two municipal permits require chronic bioassay
testing either with one or three test organism species. None of the
permits has toxicity effluent limits and none currently requires acute
bioassay testing. The toxicity testing program is in its infancy and most
of the testing is accomplished with inhouse capability by the permittees.
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ILLINOIS
REGION/STATE: Illinois Environmental Protection Agency
ADDRESS:
2200 Churchill Road
Springfield. IL 62706
CONTACT:
PHONE:
Mr. Tim Kluae. Mar...
Mr. Jim Whitaker
Industrial Wastewater Permit Unit
(217) 782 0610
Aquatic Toxicoloaist
SUMMARY: There are 104 major industrial and 2250 minor non-municipal and
175 major and 750 minor municipal permits in the Illinois NPDES program.
Four industrial permits and one municipal permit have biological toxicity
testing requirements. The municipal permit has a toxicity effluent limit;
the others do not.
The types of bioassays required by the permits include 96-hour acute
static tests with fathead minnow, a daphnid and an alga and chronic
bioassays that are triggered by the amount of receiving water dilution.
Three of the industrial permits and the one municipal permit are now in
litigation before the Illinois State Pollution Control Board. The
biological testing program is not expected to change until the Board takes|
action on the litigation.
The State has a stationary laboratory and operates a mobile bioassay
laboratory. Approximately 25 fathead minnow and daphnid acute bioassays
are completed each year, as well as 10 on-site 96-hour flow through
bioassays using fish as the test organism. Both Ames and Microtox tests
are conducted on wastewater samples by the State Human Health Toxicology
Laboratory in Chicago.
An extensive stream macroinvertebrate investigative program
encompasses 30 facility related studies, 15 trend monitoring locations, and
60 intensive basin wide studies annually. The basin wide studies include
fish population examination, sediment analyses, and water quality data.
Fish flesh is examined from 72 stream and 18 lake sites annually for
PCBs and organochlorine pesticides, and the flesh from 25 of these sites is
analyzed for substances on the priority pollutant list. The State does not
have a biological testing laboratory certification program.
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REGION/STATE:
ADDRESS:
CONTACT:
PHONE:
tment ofEnvironment;
Management
INDIANA
?ment
ian Street
IN 46225
Mr. Joseph Krieaer
Mr. John Winters. Chief. Water
NPDES Permit Supervisor Quality Surveillance & Stds Branch
(317) 232-8706
f317) 243-5028
SUMMARY; There are 88 major and 650 minor industrial and 94 major and 360
minor municipal permits in the State NPDES program. Six of the industrial
permits require biological toxicity testing but currently none has a
toxicity limit. The test generally required is an acute static 48-hour
daphnid bioassay, but in some permits, the 7-day chronic Ceriodaphnia and
embryo-larval fathead minnow bioassays are required.
The State conducts about 15 per year static 48-hour Daphnia magna
acute screening tests on major industries. Municipalities recently have
been added to this testing regimen. The State currently is developing
the capability to conduct the chronic Ceriodaphnia bioassay.
Through use of the Hester-Dendy artificial substrate tool, benthic
macroinvertebrates are examined along with fish at 22 core monitoring
stations, and at 5 discharge oriented locations annually.
Macroinvertebrates only are also assessed at 15 habitat and use evaluation
stream locations. Fish tissues are analyzed for PCBs, metals, and selected
pesticides at 25 locations annually plus an undetermined number of "hot
spot" or special attention areas.
The State owns a mobile bioassay laboratory but currently the mobile
laboratory is not in use; it may be considered obsolete if the chronic
testing protocols prove to provide more information and be less labor
intensive than the 96-hour flow through fish bioassay. There is no
biological laboratory certification program.
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IOWA
REGION/STATE: IowaDepartment of Natural Resources
ADDRESS:
Henry A. Wallace Bijilding
900 East Grand
Des Moines.Iowa 50319
CONTACT:
PHONE:
Ms. Monica Wnuk
Environmental Specialist
f5151 281-8879
SUMMARY: The State of Iowa has 34 major and 552 minor industries and 62
major and 647 minor municipalities in its NPDES program. There are no
permit requirements for biological toxicity testing, and a policy for sucri
is not under development.
The USEPA has provided technical support to the State by performing 4
or 5 bioassays related to permitted effluents. The State has done
bioassays, but it is not a common practice. Artificial substrates for
macroinvertebrate assessment upstream and downstream from potential
pollutant sources are accomplished at approximately two sites annually.
Often these studies are associated with advanced secondary treatment
assessments. The State participates in the regional ambient fish tissue
testing program conducted by EPA Region VII by collecting fish for
at 17 locations. In addition, the State examines fish fillets from six
locations for metals, PCBs and chlorinated pesticides.
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Islands of the Pacific
REGION/STATE: Guam/Commonwealth of Northern Mariana Islands
ADDRESS:
Trust Territory of Pacific Islands/American Samoa
(NPDES authority not delegated)
US Environmental Protection Agency, Region IX
Water Management Division
215 Fremont Street
San Fransisco. CA 94105
CONTACT:
Mr,f Phil Woods. Water Quality Standards Coordinator
Water Management Division
PHONE:
(4151 974-8307
SUMMARY: The Islands of the Pacific do not have delegated NPDES
authority. EPA Region IX administers the permit program that includes a
combined 8 major and 24 minor industrial permits for all Islands, and 8
major and 9 minor municipal permits.
All entities have water quality standards which provide that the
survival of aquatic life in surface waters subjected to a waste discharge
or other controllable water quality factors shall not be less than that for
the same water body in areas unaffected by the waste discharge. Provision
is made for the implementation of this policy statement through a 96-hour
Astatic renewal bioassay as a minimum. Generally, the implementation of the
bioassay requirement has not occurred. NPDES permits provide for the
chemical analysis of various numbers of specific wastewater constituents.
Biomonitoring has been implemented using coral bioassay programs in
Guam, and recently with a few acute bioassays using fish as test organisms.
As in other tropical areas, there is a general lack of technical guidance
on suitable bioassay organisms and techniques for tropical waters.
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KANSAS
REGION/STATE: Kansas Department of Health and Environment
ADDRESS:
Forbes Field
Tooeka. KS 66620
CONTACT:
PHONE:
Mr. Joe Arruda
Wafrer Quality Biologist
(913) 862-9360
SUMMARY: Kansas has 14 major and about 400 minor industrial and 32 major
and 800 minor municipal permits in its NPDES program. There is no
biological testing associated with the permit program, and the State has no
plans currently to institute such testing.
The State has a priority list of approximately 18 industries and 24
municipalities whose effluents they are screening for toxicity, using 24-
hour Daphn^a pu^ex; and fathead minnow bioassays. Approximately 12 of the
above group have been screened to date. Further testing may be recommended
based upon test results. The EPA laboratory at Duluth MN, through
arrangement with the EPA Regional Office, conducted 7-day chronic
Ceriodaphnia and larval fathead minnow bioassays on six selected effluents;
results are pending at this time.
In related biological testing activities, the State conducts
qualitative macroinvertebrate, fish, and periphyton receiving water biotic
assessments at three or four locations annually. These assessments are
related to specific wastewater discharges. The State believes that
toxicity problems can be well identified through such assessments.
There is a network of about 60 water quality trend monitoring
locations in Kansas. Fish collected via seining and macroinvertebrates
sampled via the kick method are examined annually at these locations. The
State participates in the Regional Ambient Fish Tissue analyses program
where whole fish collected by the State at 20 locations are analyzed for
pollutants by the EPA Region VII annually. The Kansas state laboratory is
preparing for fish tissue analyses.
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KENTUCKY
REGION/STATE:
RESS:
^^n
Kentpcky Dept. of Natural Resources and Env. Protection
18 Re illy Road. Ft. Boone Plaza
Frankfort. KY 40601
CONTACT:
Dr.Albert Westermann
Mr. David A. Rome
Division of Water
SUPV of Inventory & Data Management
PHONE:
(502) 564-3410
SUMMARY: The State of Kentucky currently has 205 major and 2599
minor industrial NPDES permits and 56 major and 214 minor municipal NPDES
permits. Currently about 22 permits require some type of biological
testing. Of these, 17 industrial and 4 municipal permits require toxicity
testing but do not have effluent toxicity limits. One industrial permit
has both testing and a limit requirement.
Most of the testing requirements include an acute static bioassay
using both the 48-hour daphnid and the 96-hour solution renewal fathead
minnow. Eighteen of the permits contain language to mandate toxicity
evaluation and a toxicity reduction plan if testing indicates toxicity.
Tests are mandated several times throughout a year. For at least two
permits, chronic 7-day Ceriodaphnia and 8-day embryo-larval fathead minnow
bioassays are required. In some renewal permits currently being drafted,
consideration is being given to requiring instream biotic assessment of
niacroinvertebrates and fish, and fish tissue analysis for constituent
ntent and accumulation. Permit toxicity testing is required on a case-
-case basis where a potential toxicity problem may exist. There have
been no legal challenges to the effluent toxicity requirements.
The State currently does not have a commercial laboratory toxicity
testing certification program. In addition to EPA's Methods for Measuring
the Acute Toxicity of Effluents to Freshwater and Marine Organisms
(EPA/600/4-85/013), the State furnishes specific guidelines relating to
effluent concentrations to be tested, water quality analyses during
testing, and other measures. The state does not operate a mobile
laboratory for bioassasy testing but occasionally splits samples with
commercial laboratories and conducts a bioassay on the split portion.
Routinely, the State conducts acute daphnid and a limited number of
chronic embryo-larval fathead minnow bioassays on 25 industrial and
municipal effluents annually. In addition, instream biotic assessment of
via seining, is accomplished at 12 locations
this effort are analyzed for metals, PCBs and
Basic water quality monthly monitoring is
Within this program, macroinvertebrate
with the use of artificial substrates and fish
There are 13 major river basins within the State
macroinvertebrates and fish,
per year. Fish tissues from
other organic constituents.
accomplished at 40 locations.
populations are monitored
populations are examined.
and the overall strategy in water quality assessment is to focus on 2-3
basins at a time and rotate annually until the cycle has been completed.
37
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LOUISIANA
REGION/STATE: Louisiana Departmentof Environmental Qualify
>ritv Not Delegated
ADDRESS:
CONTACT:
PHONE:
ȣL Box 44091
Baton Rouae. LA 70804
Dr. Dick Gregg
Environmental Program Specialist
(504)342-6363
SUMMARY: The State of Louisiana has not received NPDES permit delegation.
Mr. Craig Weeks, Industrial Permit Writer, EPA Region VI (214) 767-4381
reports that there are 145 major and 881 minor industrial and 75 major an:1
343 minor municipal NPDES permits. About 100 of the industrial permittees
are required to conduct toxicity testing, but there are no toxicity
effluent limits. The 48-hour static Daphnia spp. acute bioassay is
required; none of the permits has a toxicity limit. Currently there are no
biological testing requirements in municipal permits.
The State, in addition, maintains its own discharge permit system. As
a result, a discharger must obtain an NPDES permit from EPA Region VI, as
well as a State permit to discharge. There is coordination between the two
regulatory systems and testing requirements are similar when they apply
both systems.
The State administers a permit system with 50 major and 300 minor
industrial and 50 major and 900 minor municipal permits. Currently, about
30 of the industrial permits require toxicity screening using the 48-hour
static Daphnia pulex and fathead minnow tests. There are no effluent
toxicity limits and there are no testing requirements on municipalities.
If greater than 80 percent mortality exists, in 100 percent effluent, the
permittee must perform a 96-hour static renewal bioassay using fathead
minnows. If this test is failed, there must be a determination of the
cause and an identification of appropriate corrective action. In the
testing program to date, none has failed the 96-hour test. In addition to
the 30 industrial permits that require effluent bioassays, 6 permittees
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MAINE
REGION/STATE:
ADDRESS:
Maine. Massachusetts. New Hampshire
NPDES Authority Not Delegated
US Environmental Protection Agency. Region I
John F. Kennedy Federal Building. Room 2203
CONTACT:
PHONE; :
Boston, MA D2203
Mr. SteveSilva. Chief.
Mr. Clyde Shufelt. Chief
Industrial Permits Section
(617) 223-5061
Indi
(6171-223-5470
SUMMARY: The States of Maine, Massachusetts, and New Hampshire do not have
delegated NPDES authority. Their NPDES programs are managed by EPA Region
I. Within the combined three states there are 170 major industrial permits
and 205 major municipal permits. Toxicity control is managed through a
combination of whole effluent toxicity testing and use of the chemical
specific approach. Of the 170 major industrial permits, 70 currently have
water quality based limits for toxic pollutants. Of these 70,
approximately 40 have chemical specific limits based upon meeting receiving
water quality criteria, and 30 require biological toxicity testing. Of
those requiring toxicity testing, 20 to 25 have toxicity limits within the
permits.
Of the 205 major municipal permits, 25 have biological testing
requirements and 10 to 15 of these have toxicity effluent limits. An
additional 65 municipalities, which are pretreatment communities, will
require or have already received a whole effluent bioassay requirement.
Those permits that are being reissued will have a bioassay requirement
included in the permit. Those communities that are not going to be
reissued in the near future will receive Clean Water Act Section 308
letters requiring a bioassay. Other than pretreatment communities, the
criterion for requiring biological testing currently is on a case-by-case
basis and based on best professional judgment. When toxicity effluent
limits are included in municipal permits, generally monthly bioassays are
required to evaluate compliance.
State water quality standards prohibit the discharge of toxic
pollutants in amounts or combinations that may cause toxicity in the
receiving water. To comply with such standards, industrial permit
applications are reviewed, toxic pollutants identified, and receiving water
dilution is determined. Calculated receiving water pollutant
concentrations are compared with water quality criteria. Pollutant levels
instream resulting from maximum plant discharge and 7Q10 low flow receiving
water conditions are compared with instream acute water quality criteria.
Pollutant levels instream resulting from average plant discharges and 30Q2
low flow receiving water conditions are compared against chronic instream
criteria. Maine is an exception because of recent state legislation which
mandates the use of the 7Q10. Such comparisons will determine whether
technology based limitations (BAT) or the criteria-based chemical specific
limits would be required in the reissued permit.
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MARYLAND
REGION/STATE: Department of Health and Mental Hygiene
ADDRESS: 201 West Preston Street
Baltimore. MD 21201
CONTACT:
Mr. John Veil
Mr. Arcadio Sincere
Chief Industrial Point
Chief. Permits Division
PHONE:
Source Control Division
(301) 225-5678
Water Management Admin.
(30D-659-1069
SUMMARY: The State of Maryland administers a permit program with
approximately 52 major and 520 minor industrial permits and 35 major and
313 minor municipal permits. There are 13 industrial and 20 municipal
permits currently that require biological toxicity testing. Approximately
six additional draft industrial permits would require biological toxicity
testing if they become final. None of these has a toxicity effluent limit.
If it appears from the results of the initial bioassay that an effluent is
toxic, a repeat bioassay by the permittee or a bioassay conducted by the
State laboratory showing confirmatory results could trigger a toxicity
reduction evaluation according to a draft State toxics control policy.
Current NPDBS permit language requirements being added to permits upon
reissuance require a 7-day chronic bioassay to be performed on Ceriodaphnia
and fathead minnows once per quarter for the first year of the permit.
Concurrently with one of the chronic tests, the permittee is also required
to perform a 96-hour static renewal test with a locally important fish and
another 96-hour static renewal test with a locally important insect or
invertebrate. The 96-hour tests are only required to be performed once.
The permit requirements allow the replacement of Ceriodaphnia and fathead
minnows with mysid shrimp and sheepshead minnows for estuary waters.
The State has just engaged in a 3-year contract with Johns Hopkins
University for the University to serve as the bioassay laboratory for the
State. This program has been funded through industrial permit fees. This
will substantially increase the States' capability to undertake bioassey
assessments of potential toxic effluents using both acute and chronic tests
and will serve as a comparison to the results of permittee testing through
commercial laboratories.
In related biologic activities, an assessment of benthic
macroinvertebrates of the tributaries to the Chesapeake Bay has begun.
Biotic assessment of benthic macroinvertebrates has been on-going for a
network of trend monitoring locations throughout the State. Receiving
stream biotic assessments are rarely made a permit condition.
40
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MASSACHUSETTS
For the Massachusetts Summary, please see the Maine Summary.
41
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MICHIGAN
REGION/STATE: Michigan DepaftffPflt of Natural Resources
ADDRESS:
Surface Water Quality Division
P. O. Box 30028
Lansing. MI 48909
CONTACT:
PHONE:
Mr. William E. McCracken, Mr. Jim- Grant. Supervisor
Chief. Permits Section Water Quality Appraisal Unit
f5171 335-4114 (517) 335-3313
SUMMARY: There are 122 major and 745 minor industrial and 95 major and 385
minor municipal permits in the Michigan NPDES program. Three industrial
and two municipal permits require bioassays using fish from the receiving
water as test organisms. Michigan has not discovered acute toxicity to be
a water pollution problem in the past. The States' NPDES program is a
chemical specific program. The State water quality standards require that
toxicity limits be calculated on specific chemicals and about 50 percent of
the permits have chemical specific toxicity limits. Toxicity evaluations
and toxicity reduction evaluations are triggered through the chemical
specific toxicity limit process.
The goals of the Michigan program are to integrate biomonitoring into
the permit program, to implement toxicity based permit limits, and to
further develop staff expertise and equipment resources necessary to
perform the Ceriodaphina and fathead minnow chronic bioassays.
The State of Michigan has just completed a new stationary bioassay
laboratory. The State has operated a mobile bioassay laboratory since the
early 1960's. Annually the State has been performing, and will continue to
perform, approximately 5 flow-through 96-hour bioassays using fathead
minnows, and 30 in-laboratory 48-hour static acute screening bioassays
using Daphn,ia magna. The 7-day Ceriodaphnia and fathead minnow chronic
bioassays are expected to be added to the testing list. The State has been
performing reference testing with these species to gain experience.
About 40 to 50 effluent-oriented stream biotic evaluations are
conducted annually using macroinvertebrates; occasionally fish are
collected for flesh analyses for mercury, pesticides and selected organic
compounds. There is no certification program for commercial biological
testing laboratories.
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MINNESOTA
REGION/STATE: Minnesota Pollution Control Agency
ADDRESS: 1935 W. County Road B2
Roseville. MN 55113
CONTACT: Mr. Doug^fiall^ Supervisor Mr. Marvin Hora, Hea,d. Ambient &
Permit Unit Intensive Monitoring Unit
PHONE: (612) 297-1832 (612) 296-7215
SUMMARY: The State of Minnesota has an NPDES program with 28 major and 450
minor industrial permits and 50 major and 650 minor municipal permits. Two
of the industrial permits require 24-hour static bioassays using fathead
minnows. It is expected that the program will continue without substantial
alteration in the near future. Most of the toxicity currently encountered
is with ammonia and chlorine.
The State operates a mobile bioassay laboratory. There is no
certification program for commercial biological testing laboratories. The
State conducts 50 to 75 acute static 24-hour daphnid and fathead minnow
bioassays; one or two 96-hour flow through bioassays with fathead minnows
and 96-hour static renewal bioassays with Daphnia magna annually. The
State is just initiating the use of the 7-day Ceriodaphnia test. Recently
the State completed 317 screening bioassays on all (254) municipal
dischargers with mechanical treatment.
An extensive fish tissue analyses program is conducted annually in
which fish from 30 to 40 lakes are analyzed for mercury, from 100 locations
for PCBs, and from 30 to 40 locations for dioxin. In addition, fish flavor
impairment studies are conducted with in situ caged organisms.
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MISSISSIPPI
REGION/STATE: Mississippi-Department of Natural Resources
Bureau of Pollution Control
ADDRESS:
CONTACT:
PHONE:
P.O. Box 10385
Jackson. Mississippi 39209
Mr. Jerrv Cain. Chief
Industrial Wastewater Control Section
(601) 961-5073
SUMMARY: The permit program in the State of Mississippi consists of
approximately 39 major and 493 minor industrial and 45 major and 255 minor
municipal permits. About 15 to 20 of the industrial permits have
requirements for biological toxicity testing; none of the municipal permits
requires such testing. Of the 15 to 20 permits requiring testing, a
minority have toxicity effluent limits; these represent those permittees
that demonstrated toxicity in effluents during acute bioassay examination.
In the past, about 50 industrial permits required acute bioassays. There
was an escape clause to the effect that when toxicity was not determined
through acute bioassay, the permit testing program could be discontinued.
When effluent toxicity was indicated in the bioassay, and confirmed in a
repeat bioassay, a toxicity reduction evaluation was triggered.
In the near-future, 50 or more permittees will be required to complete
chronic bioassay testing quarterly during the first year and every six
months thereafter for the life of the permit. The permittees must perform
the 7-day Ceriodapbnla and larval fathead minnow procedures for chronic
bioassays, alternating between the two species on every other test
occurrence. There are two commercial biological testing laboratories
within the State but there is no biological laboratory certification
program. It is not anticipated that the biological testing program will
become associated with the municipal permit program. All pretreatment
permits are issued at the State level, thus, the State, through a chemical
specific assessment, believes that they will be able to control potential
toxic components of municipal discharges.
The State completes 24-hour screening and, later, a 48-hour
Daphnia pulex static bioassay on 12 to 15 effluents annually as part of its
testing program. Ambient monitoring of fish flesh analyses for metals and
chlorinated hydrocarbons are completed annually at 30 locations. There are
15 State trend monitoring locations where macroinvertebrates and periphyton
are examined and 30 locations where fish populations are assessed. The
State is purchasing a biological mobile laboratory, which will have the
capability to conduct both acute and chronic bioassays. There are plans to
add a biologist to the staff specifically for bioassay activities.
44
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MISSOURI
REGION/STATE: Missouri Department of Natural Resources
ADDRESS: P.O. Box 1368
CONTACT:
PHONE:
Jefferson Citv. Missouri 65102
Mr. John Ford
Water Quality Specialist
(314) 751-7626
SUMMARY: The State of Missouri administers a permit program with 7G major
and 2100 minor non-municipal permits and 70 major and 750 minor municipal
permits. None of the permits in the NPDES program has a requirement for
biological toxicity testing; the program can be characterized as being
virtually chemical specific. Five or six of the permittees have, ir the
past, been required to perform an instream biotic assessment of receiving
waters with macroirvertebrates with the focus on one location upstream from
a source and one or two locations downstream. Generally, an initial
macroinvertebrate study is all that has been required of permittees. A few
permittees are performing bioassays routinely that are not required under
permit conditions.
The State is in the initial phase of a chronic bioassay program
related to effluents. Through a contract with the US Fish and Wildlife
Service's Columbia National Fish Research Laboratory, Columbia, MO, State
and Laboratory personnel are conducting chronic Ceriodaphnia and fathead
minnow bioassays on 16 municipal effluents over a 2-year period. Twelve of
the municipal effluents have been examined. When this contractual program
has been completed, the State's testing program will be shifted to the
State Laboratory at Jefferson City where the State will continue to check
four to six effluents annually. This is essentially a compliance
monitoring program. The State anticipates requiring toxicity testing and
possibly attaching toxicity limits in applicable permits if toxicity is
discovered in the effluents.
The State does not operate a mobile laboratory. There is no State
laboratory certification program for biological testing laboratories, nor
is there a trend monitoring program where biological techniques are
employed. The State collects fish annually at 22 locations for the
Regional Ambient Fish Tissue analyses program where EPA Region VII analyzes
whole fish for pollutants. The Missouri Department of Conservation
analyzes fish flesh for chlordane, PCBs, and other pesticides in an
extensive fish sampling program as well.
The State completes qualitative benthological investigations using
macroinvertebrates in receiving water streams in the vicinity of 200
facilities annually. These specific locations change annually as the
State's investigative universe of about 1,000 facilities is completed in a
5-year period. In addition, more intensive instream biotic assessments are
completed in four to six stream reaches annually.
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MONTANA
REGION/STATE: Montana State Department of Healthand Environmental Sciences
ADDRESS: Cogswell Building. Room A-206
Helena. MT 59620
CONTACT:
PHONE:
Mr. Loren Bahls. Supervisor
Water Quality Management Section
UQ61 444-24Q6
SUMMARY: There are 19 major and 166 minor industrial and' 26 major and 68
minor municipal permits in Montana's NPDES program. Virtually a chemical
specific program, there is no requirement for effluent toxicity testing.
There are, however, two permits that require receiving water biomonitoring.
The State has developed the capability to perform the 7-day chronic
Ceriodaphnia bioassay and has performed such at two locations. Screening
bioassays have been done on 10 effluents using a 7-day static renewal
CeiAgdaphnia test. The State does not operate a mobile laboratory. More
biological testing will likely be required wKen permits are scheduled for
renewal. Presently, there appear to be two candidates for toxicity testing
permit requirements.
The State conducts six to eight instream biotic assessment studies
annually, many of which are associated with upgraded sewage treatment
plants. Algae, primary productivity, chlorophyll a. and macroinvertebrates
are examined. Trend water quality monitoring is undertaken at 30 locations
where macroinvertebrates and algae are included in the examination.
There are no commercial laboratories known to have bioassay capability
but there are several consultants that sample and identify
macroinvertebrates and fish. There is no biological testing laboratory
certification program.
46
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NEBRASKA
REGION/STATE: NebraskaDepartment of Environmental Control
Water Quality Division
ADDRESS:
CONTACT:
PHONE:
P.O. Box 94877
Lincoln. NE 68509
Mr. Steve Walker
Environmental Specialist
(402) 471-2186
SUMMARY: The NPDES program for the State of Nebraska includes 26 major and
201 minor industrial and 44 major and 299 minor municipal permits. There
are no requirements for biological testing in the permits and the program
is operated on a pollutant specific basis. There are no current plans to
institute biomonitoring activities into the program.
The EPA currently is testing about six facilities annually for the
State using static renewal acute bioassays on effluents using daphnids and
fathead minnows as test organisms. This program currently meets the
bioassay needs of the State. If toxicity is found through bioassay
testing, an instream biotic assessment is completed by the State, and if
toxicity is apparent, then the State will seek appropriate action by the
permittee to rectify the problem.
Approximately two years ago, the State completed about six instream
biotic assessment studies. No water quality problems were encountered so
the receiving water biotic assessment program is not conducted on a regular
basis. The State participates in the Regional Ambient Fish Tissue analyses
program where fish are collected at 15 locations and whole fish are
analyzed by EPA Region VII.
In related activities, fish fillets are examined for chlordane and
other pesticides at about 20 locations by the State. As part of the
ongoing water quality management program, the State examines 3 of the 13
river basins or approximately 100 locations per year for immature aquatic
insects and fish in an effort to develop a usable biotic index for the
area. The most pristine stream reaches are chosen for this effort.
47
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NEVADA
REGION/STATE: Nevada Division of Environmental Protection
ADDRESS:
201 South Fall Street
Carson Citv. NV 89710
CONTACT:
PHOME:
Mr. Wendell McCurrv
Water Quality Office
(7021 885-4670
SUMMARY: The State of Nevada has 3 major and 20 minor industrial NPDES
permits and 10 major and 15 minor municipal peririts. One of the major
industrial permits is for stormwater and the other two are for once-through
cooling water. The one permit with biological testing is a municipality
with advanced waste treatment. The requirement is for quarterly 96-hour
static renewal bioassays using trout as the test organism. Although not a
condition of the permit, the municipality maintains a tank stocked with
fish through which the treated effluent passes prior to discharge to
receiving waters. In addition, the permit requires periphyton and
macroivertebrate assessments at several locations in the receiving water.
The permit conditions were the result of a settlement agreement with an
Indian tribe.
The State predominantly uses a chemical specific approach in its
permit program. The use of biological testing is not foreseen in the near
future. The State does not undertake biological studies related to the
permit program.
43
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NEW HAMPSHIRE
the New Hampshire Summary, please see the Maine Summary.
49
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NEW JERSEY
REGION/STATE!
ADDRESS:
'ironmental Protection
P.O. Box CN 029
Trenton. NJ Q8625
CONTACT: Steven Lubow. Env. Scientist I Alfred Korndoerfer iGeorge Caporale
Bur. Water Quality Stds & Ana. I Super. Env. Spec. IChief. Bur.^of
Div. of Water Res.
I Div. of Water Res. [Permits Admin.
PHONE;
f6Q91 633-7020
(6091 292-0427 (609) 984-4428
SUMMARY: New Jersey issues 200 major and 780 minor industrial permits anci
160 major and 310 minor municipal permits. Effluent toxicity limits and
toxicity testing are conditions in 118 industrial and 111 municipal
permits. Permit limits require compliance either with a specified test
organism LC50 or with a requirement that there be no measurable acute
toxicity using a designated test organism.
Permits issued to date require acute static renewal or flow-through
bioassays using fish in freshwater and shrimp (Mysid or Paleomanetes) or
fish in marine waters; there are two permits which have chronic bioassay
requirements. Quarterly testing is the standard testing frequency with the
possibility of test frequency adjustment based upon review of the test
data. Where ongoing violation(s) of the toxicity limits occur, a toxicity
reduction program is mandated. The current State goal is to include
toxicity limits and testing requirements in all industrial permits and in
permits for selected municipal dischargers. This goal is being implement
by incorporating toxicity limits and testing requirements into permits as
they are issued or come up for renewal. A longer term goal of the State Is
to expand acute testing to cover fish and invertebrates (in fresh and
saline waters) and to add chronic testing with various organisms to the
permit program.
The State has developed regulations governing toxicity testing
f Regulations Governing Laboratory Certification and Standardsof Performance)
EPA toxicity testing guidance manuals were used in conjunction with other
references (eg. Standard Methods for the Examination of Water and
Wastewater) in developing the State regulations.
The State has a laboratory certification program and accepts data only
from State-certified laboratories for use in its permit program.
Additionally, the State operates a mobile laboratory for bioassay and other
testing. Currently, about 5 discharges are studied per year using flow-
through toxicity testing with fish as the test organism. A new State
laboratory is being constructed which should substantially expand the
State's testing capabilities.
Instream biotic assessments are now performed which incorporate
phytoplankton, periphyton, macroinvertebrate, sediment and fish
examinations. Ocean discharge monitoring is also performed. The State
investigative program is flexible, covering a range from watershed specific_
to discharge specific. The number of studies varies from year to year.
Fish flesh and sediments are analyzed for PCBs, pesticides, and other
organic constituents, as required. Ames testing is being used on a limited
basis to gather data. After enough data have been gathered and evaluated,
this test may be incorporated into the State's regulatory program.
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NEW MEXICQ
REGION/STATE: New Mexico Health and Environmental Dept.. Environmental
Improvement Div.. NPDES Authority Not Delegated
'ADDRESS: P.O. Box 968
Santa Fe. NM 87504-Q968
CONTACT:
PHONE:
Mr. Glenn Saums. Proa. Mar.
Mr. Dave Tague
Surface Water Section
(505) 827-0020
Surveillance & Standards Sect,
(505^ 827-2822
SUMMARY: NPDES authority has not been delegated to New Mexico. The State
has 16 major and 134 minor industrial and 21 major and 25 minor municipal
permits in the NPDES program, according to Mr. Craig Weeks, Industrial
Permit Writer, EPA Region VI (214) 767-4381. Five of the major industrial
permits require acute static bioassay testing using a daphnid. None of the
permits has a toxicity effluent limit. The State performs about eight
water quality stream studies annually. Macroinverterbrates are examined in
some of these studies. No State bioassays are performed and there is no
fish tissue examination.
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REGION/STATE; New York State Dept. of Environmental Conservation
Division of Water
ADDRESS: 50 Wolf Road
Albany. NY 12233
CONTACT:
PHONE:
Mr, Paniel Halton. Dict
^ Ed Kuzia
Bureau of Wastewater Facilities Desin
Resear S
(518) 457-1Q67
(518) 457-3495
SUMMARY: There are 166 major and 861 minor industrial permits and 266
major and 300 minor municipal permits in the New York NPDES program.
Approximately 10 industrial and 10 municipal permits currently require
biological toxicity testing; none has a toxicity effluent limit. The State?
plans to increase toxicity testing requirements to include approximately 50
industrial and municipal permits within the next year or 18 months. The
findings of the permit biological testing program will determine toxicity
effluent limits to be placed in permits later. The current testing program
requires four acute static renewal bioassays annually using fathead minnows
and daphnids and is oriented more toward chemical specificity than toward
biological testing; there are about 100 specific chemicals in the permit,
regulatory program. There is a mechanism for requiring a toxicity
reduction evaluation in the event that the initial and a repeat bioassay
demonstrate significant toxicity.
The State is implementing a bioassay program that will involve use of
the 7-day Ceriodaphnia and fathead minnow chronic tests on ambient
receiving waters. Use of these tests at about 10 locations per year is
projected. The State operates a mobile bioassay laboratory but currently
it is being used by the State fish and wildlife personnel in the lamprey
eel control program. There are about nine commercial laboratories in the
State that have the capability of conducting toxicity testing but, as yet
there is no laboratory certification program. The State has its own
guidance document for toxicity testing and it conforms to the EPA guidance
documents in procedural language.
The State maintains about 50 long-term trend monitoring locations
where stream macroinvertebrates are examined. It also analyzes fish flesh
for PCBs, pesticides, and metals from a similar number of locations.
Approximately five special studies are completed annually, which assess
effects of ambient water quality on macroinvertebrate populations.
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NORTH CAROLINA
REGION/STATE!
ADDRESS:
NorthCarolinaDepartmentof Natural Resources and Community
Development. Division of Environmental Management
P.O. Box 27687
Raleiah. NC 27611
CONTACT:
PHONE:
Mr. Bob Deweese.
Mr. Ken Eaaleson. SUP.
Facility Performance Unit
BiologicalServices Unit
(919) 733-5083
SUMMARY: The State of North Carolina administers an NPDES program with 94
major and 2060 minor industrial and 121 major and 184 minor municipal
permits. One permit has a requirement for biological toxicity testing.
However, through the mechanism of administrative letters, many more
permittees are required to conduct a monitoring program.
Based on the administrative letter, 29 industries and 24
municipalities currently complete monthly acute static daphnid bioassays.
Six of the above permittees are required to substitute 7-day Ceriodaphnia
chronic testing for acute bioassays. Lethal concentration limits are
associated with this testing program and if evidence of toxicity exists, a
toxicity reduction evaluation must be instituted. Currently, there are 10
other permittees, 6 municipal and 4 industrial, who are potential canidates
for the testing program; these, also, will have toxicity limits when
testing is initiated. As permits are reissued, the potential for toxicity
is assessed and the effluent volume associated with available low flow
receiving water volume is a determining factor in deciding whether testing
will be required and whether it is of the acute or chronic nature.
The State has both a mobile and stationary biological testing
laboratory. During 1984 and 1985, acute Daphnia pulex bioassays were
completed at 330 facilities, which represents 558 bioassays on permitted
discharges. The mobile laboratory is equipped for on-site toxicity
evaluation including 96-hour flow-through bioassays, 7-day chronic
Ceriodaphnia and Daphnia pulex acute bioassays, in-stream macroinvertebrate
biotic assessment, and fish sampling by electrofishing. The State
completes about 12 flow-through bioassays and about 50 multiple-station in-
stream macroinvertebrate assessments annually. In addition, about 50 to 60
trend monitoring locations are examined annually for benthic
macroinvertebrates and phytoplankton. Fish tissue is examined at these
locations for the presence of heavy metals and pesticides.
53
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NORTH DAKOTA
REGION/STATE: North Dakota Department of Health
jn Control
ADDRESS:
1200 Missouri Avenue
Bismarck. ND 5&5J21
CONTACT:
PHONE:
Ms. Sheila McClehathan
Environmental Scientist.
(701) 224-2345
SUMMARY: North Dakota has 7 major and 70 minor industrial and 15 major and
300 minor municipal permits in its NPDES program. The program is managed
in a chemical specific manner; no effluent bioassays are required in the
permit program.
The EPA Laboratory, Denver, CO, has provided technical assistance in
performing one or two acute and chronic bioassays on effluents as a
demonstration project. The State is giving strong consideration to
initiating a bioassay program and targeting seven or eight acute fish and
daphnid bioassays per year.
54
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OHIO
REGION/STATE: Ohio Environmental Protectj.gn,Agency
ADDRESS:
P.O. Box 1049
Columbus. OH 43216
CONTACT:
PHONE:
Mr. Robert Phelos. Chief
Mr. Charles W eb s t e r
Div. of Industrial Wastewater Bioassav Eval. Group Leader
(614) 466-2390
(614) 294-5841
SUMMARY: The State of Ohio operates a virtual chemical specific NPDES
program. There are 150 major and 1350 minor industrial and 155 major and
900 minor municipal permits in the program. Currently, one industrial
permit requires a biological test.
The State has been doing acute static 48-hour Ceriodaphnia and fathead
minnow bioassays three times per year on 18 to 20 effluents. This effort
will, when completed, involve about 75 bioassays. An evaluation of the
results of this study will determine State action to place additional
toxicity testing and toxicity limits into appropriate permits; it may also
determine action on toxicity reduction evaluations. The State also
Jipletes 7-day Ceriodaphnia and fathead minnow chronic bioassays on an "as
ded" basis and anticipates a work load of 7 to 10 such bioassays per
year. The State does not operate a mobile bioassay laboratory and there is
no biological laboratory certification program.
The receiving waters of the 18 to 20 effluent locations are also being
examined three times annually using Hester-Dendy multiple plate samplers
for macroinvertebrates, and electrofishing or seining techniques to sample
fish populations. Fish tissue and sediments are analyzed through contract
support.
55
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OKLAHOMA
REGION/STATE:
ADDRESS:
CONTACT:
PHONE:
Oklahoma Department ofHealth.WaterResources Board
NPDES Authority NotDelegated
1000 NE 10th Street
Oklahoma City. QK 73152
Mrj Qayij jj j.mick
Environmental Engineer
(405) 271-7326
SUMMARY; NPDES permitting authority has not been delegated to Oklahoma.
According to Mr. Craig Weeks, Industrial Permit Writer, EPA Region VI
(214}-767-4381, there are 36 major and 361 minor industrial and 59 major
and 742 minor municipal permits in the NPDES program. Twenty-two of the
industrial permits require an acute 48-hour bioassay using a daphnid.
Presently, biological testing is not required of municipal permittees.
The Oklahoma State laboratory has conducted an effluent screening of
about 35 permittees with a 24-hour static Daphnia magna bioassay.
56
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OREGON
REGION/STATE
ADDRESS:
Oreon Deartment of Environmental Qualit
Water Quality Division
P.O. Box 1760
Portland. OR 97207
CONTACT:
Mr. Kent Ashbaker. Manager.
Mr. Jerrv Bell
Industrial Waste Section
Aquatic Toxicoloci 1st
PHONE:
(503) 229-5325
(503) 229-5983
SUMMARY: There are approximately 23 major and 551 minor industrial and 36
major and 198 minor municipal permits in the Oregon NPDES program. Fifteen
of the industrial permits, mostly pulp and paper mills and metals
facilities, require 96-hour static bioassays annually using salmonids as
test organisms. No biological testing of municipal permittees is required.
There are toxicity effluent limits in two metals facilities permits. The
mechanism to require a toxicity reduction evaluation exists but such has
not been put into formal permit language. Generally tests have shown a 100
percent survival of test organisms in 100 percent effluent. One permit
requires an instream biotic assessment.
JThe State expects in the near future to focus on municipalities in the
toxicity testing area, especially those municipalities which receive large
proportions of industrial wastes. There are three commercial laboratories
in Oregon that perform acute bioassays but none currently performs chronic
bioassays. There is no certification of biological testing laboratories.
The State must be comfortable with a test in its own laboratory before
others are asked to complete it.
The State does a number of different biological tests. Three or four
acute static renewal 96-hour bioassays using salmonids are completed per
year. Invertebrate 96-hour bioassays are done with Gammarus or Hyallela.
Twenty to thirty 15-day chronic bioassays using Daphnia magna are performed
annually. A similar number of 14-day algal assays using Selenastrum are
completed. Sediment bioassays using Hexagenia are completed in minimal
numbers, and sediments are examined to determine inhibitions to germination
of field seeds in relation to land waste application practices. It is
estimated that 12 to 24 receiving water studies where macroinvertebrates
and periphyton are assessed are completed annually. Caged salmonid fishes
or caged invertebrates placed upstream and downstream from a potential
pollution source are used in one or two studies per year.
57
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PENNSYLVANIA
REGION/STATE: Pennsylvania Department of Environmental Resources
ADDRESS: P.O. Box 2063
Harrisburq.PA17120
CONTACT:
PHONE:
Mr. James Ulanoski. Chief
Standards
.fcgj. Bureau of Water Qualit Manaent
(717) 787-9637
SUMMARY: Pennsylvania has 171 major and 1050 minor industrial permittees
and 225 major and 2080 minor municipal permittees. Pennsylvania's toxicity
testing program is based on chemical specific testing. None of the State's
permits requires whole effluent biological toxicity testing. However,
within the next few months, State personnel will be examining the whole
effluent biological toxicity testing concept to determine how it might be
useful to the State's current program.
Chemical specific limits are made a part of a permit based upon an
industry's declaration in the NPDES application of constituents probably
occurring in the effluent. The declared constituents are compared with
those constituents associated with various industrial effluents discovered
by EPA in its testing of particular industrial processes for toxic
constituents. If differences occur between an industry's declaration of
constituents in an effluent and the findings by EPA of constituents in
pertinent industrial processes, a formal effort is made to ensure that all
potentially toxic pollutants have been identified in the permit.
To determine the level or concentration of an identified toxic
pollutant that is regulated by the permit, the State uses human health or
aquatic life water quality criteria. For many effluent constituents, human
health concerns provide a more stringent permit limit than does aquatic
life toxicity. To challenge a non-human health permit limit, an industry
may provide bioassay data for a particular chemical constituent using the
particular receiving water as a diluent. If the proposed permit limits are
too stringent to be attained through current treatment technology, the
industry must undertake a toxics reduction evaluation. The purpose of a
Toxicity Reduction Evaluation is to develop acceptable methods of achieving
the reduction of toxics in waste effluents. This evaluation encourages the
use of in-plant management and control techniques to reduce, or perhaps
eliminate, the generation and discharge of toxic pollutants, as an
alternative to expensive end-of-pipe treatment.
In its water pollution control program, the State conducts 30 to 35
comprehensive instream biotic assessments and approximately 200 less
comprehensive "upstream and downstream" biotic stream assessments annually.
Fish and macroinvertebrates are examined in these studies. Fish flesh
analyses are performed at 25 to 30 selected locations to determine
pollutant bioaccumulations. The State program does not include bioassay
testing. In addition, there are over 200 network "trend monitoring"
locations where monthly or quarterly analyses are made. Many of these
locations require examination of benthic macroinvertebrates and fish.
58
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PUERTO RICO
REGION/STATE: Puerto Rico
ADDRESS:
CONTACT:
NPDES Permitting Authority Not Delegated
US Environmental Protection Agency. Region II
26 Federal Plaza
New York. NY 10278
Michael Minerva. Permits Management SeCtJQU.
PHONE: f212) 264-1859
Puerto Rico does not have delegated authority
The Island's permitting program is managed by
to issue NPDES
Region II. Puerto
SUMMARY:
permits.
Rico has 89 major and 146 minor industrial and 36 major and 93 minor
municipal permits in its NPDES program. There have been two permits issued
by the Region that have contained biomonitoring. Through the Region,
Puerto Rico is considering requiring biomonitoring at municipal facilities
with significant industrial inflow.
59
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RHODE ISLAND
REGION/STATE: Rhode Island Division of WaterResources
ADDRESS:
83 Park Street
Providence. RI 02903
CONTACT:
PHONE:
Mr. Raymond Aid rich
Principal Sanitary Engineer
(401) 277-3961
SUMMARY: The State of Rhode Island is in the intitial phase of a toxicity
effluent testing program. With 16 major and 81 minor industrial permits
and 19 major and 13 minor municipal permits, State permits require effluent
toxicity testing on 12 industrial and 12 municipal discharges. There are
no permit specified toxicity effluent limits. The specified effluent test
is a 48-hour daphnid and a 96-hour fathead minnow static bioassay. A 96-
hour flow-through fish test is an alternative for the latter if the waste
is not compatible with static testing. Tests are performed on whole
effluent. The State views this initial program, as a toxicity screening
endeavor with testing requirements designated on a case-by-case basis but
including those specific industries with known or suspected toxic
substances in effluent.
There is no toxicity testing laboratory certification program and
currently there are no laboratories in Rhode Island equipped for aquatic
biological testing.
Rhode Island does not conduct a permit oriented toxicity testing
program. The State conducts trend stream monitoring at approximately 10
locations using artificial substrates and macroinvertebrates as criteria of
water quality. Shellfish meats are routinely examined for contaminants
also, but this human health test is not permit associated.
60
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SOUTH CAROLINA
REGION/STATE: South Carolina Department of Health and Environmental Control
DRESS: 2600 Bull fi
Columbia. SC 29201
CONTACT:
PHONE:
Mr. Russ Sherer. Director
Division of Water Quality Assessment aqj Enforcement
(803) 734-5300
e
•
SUMMARY: On a case-by-case basis, the State of South Carolina requires
permittees to conduct biological toxicity testing; in addition, the State
itself conducts a program of biological toxicity testing. An estimated 80
major and 200 minor industrial permits and 115 major and 300 minor
municipal permits have been issued.
Existing permits require approximately 10 flow-through 96-hour
bioassays using fish and 10 static 48-hour screening tests using daphnids
or mysid shrimp on whole effluents. Any such permit may require more than
one test annually at a particular facility. In addition, approximately 40
permittees are required to conduct receiving stream biotic assessments, 2
permittees are required to conduct fish flesh tainting testing, and 2
permittees are required to conduct fish avoidance studies. Of the 60
existing permits requiring toxicity testing, 5 industrial permits have
toxicity effluent limits, 55 industrial permits require testing but have no
effluent limits, and 5 municipal permits require toxicity testing but have
o effluent toxicity limits. Under a State laboratory certification
rogram, testing data are accepted from a state-certified biological
testing laboratory only. About 25 percent of the industrial permits
require a Toxics Reduction Plan. The criterion to mandate effluent
toxicity or other testing, or plan preparation is: (a) failure to pass a
previous State or permit-imposed biological effects test, or (b) best
professional judgment regarding potential environmental effects from a
particular discharge.
Although toxicity evaluations are not required as a permit condition,
the intent of the toxicity testing program is to determine and correct the
cause of toxicity through State-permittee negotiations or via the permit
reopener clause. Human health aspects are considered in 2 permits that
require tissue testing for certain metals and in the 10 fish
bioaccumulation studies conducted annually by the State.
Through operation of a State-maintained mobile laboratory, the State
testing program includes a projected 10 flow-through 96-hour bioassays
using fish as the test organism and 50 to 100 static 48-hour screening
tests using Ceriodaphnia or mysid shrimp on whole effluent on an annual
basis. In addition, 15 stream biotic assessment studies and 10 fish
bioaccumulation studies are conducted annually.
61
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SOUTH DAKOTA
REGION/STATE:
ADDRESS:
CONTACT:
PHONE:
South Dakota Dept. of Water and Natural Res* .Office of
Joe Foss Building
Pierre. SD 57501
Mr. Dennis Rounds
Naturaj. Resources Engineer
(6051 773 3351
SUMMARY: South Dakota has 4 major and 56 minor industrial and 29 major and
283 minor municipal permits in the NPDES program. NPDES authority has not
been delegated and the permit program is administered by EPA Region VIII.
One municipal permit with combined industrial and domestic wastes has a
requirement for a static and flow-through salmonid bioassay. There are no
biological testing requirements for industrial permittees. Two or three
additional municipalities probably will be required to conduct effluent
bioassays in the near future.
The State may become more involved with bioassays activities but will
probably keep most of the bioassay responsibility with the permittees.
There are no commercial biological testing laboratories within the State
and there is no laboratory certification program.
The State conducts 12 to 16 macroinvertebrate and fish biotic stream
assessments annually. Fish flesh from two or three locations, usually in
the Black Hills area is analyzed for pesticides, metals, and selected
organic contaminants annually. In addition, trend water quality monitoring
including macroinvertebrates and fish is performed annually at about 20
sampling locations.
62
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TENNESSEE
REGION/STATE: Tennessee Division of Matey Pollution Control
ADDRESS: 150 Ninth Avenue. North
Nashville. TN 37219-5404
CONTACT:
PHONE:
^ Rich Sinclair, Manaaer
NPDES Permit Program
741-7883
SUMMARY: The State of Tennessee issues 86 major and 960 minor non-
municipal permits plus an estimated 400 mining permits, and 75 major and
166 minor municipal permits. Of these, there are seven industrial permits
that require effluent toxicity testing but have no toxicity effluent
limits, and five industrial permits that require effluent testing and have
effluent toxicity limits. Two municipal permits require effluent toxicity
testing with no specified effluent limits. Stated another way, four of the
permits require static acute bioassays using fathead minnows or bluegill
sunfish, five require chronic static bioassays using Ceriodapfrnia and
embryo-larval fathead minnows, four require 96-hour flow-through tests
using fathead minnows, and one permit allows a municipality, which has
inhouse capability, to perform a microbacterial assay.
Approximately 12 of the industrial permits contain language that
mandates toxicity evaluations and toxicity reduction plan development when
there is a showing of toxicity through the testing process. The criterion
for requiring toxicity testing is on a case-by-case basis resulting from a
previous stream biotic assessment conducted by the State or on knowledge of
probable toxic constituents within effluents.
It is estimated that approximately 70 percent of the permittees employ
consultants to complete toxicity testing requirements and that the
remainder perform such activities inhouse. The State currently does not
have a commercial laboratory certification program. In addition to the
effluent testing requirements, two permits require fish flesh analyses for
PCBs and other organic constituents from fish in receiving waterways. No
legal challenges to the toxicity testing requirements or to associated
limits have been initiated since the State began its case-by-case with
justification approach for toxicity limits and testing.
The State operates a mobile bioassay laboratory and performs approxi-
mately 12 flow-through 96-hour bioassays annually with fish as a test
organism. Concurrent with the flow-through test, an instream biotic
assessment is made at the 12 sites being studied. Benthic macroinverteb-
rates are examined, as well as a qualitative fish analysis through electro-
fishing or riffle areas. The State cultures its own organisms for bioassay
activities and screens all permit renewals with static acute bioassays on
effluents using fathead minnows or chronic daphnid bioassays using
Ceriodaphnia. In addition, to obtain water quality information the State
has a program to analyze all water bodies for 5 metals and 20 organic
constituents at 120 locations. That program is presently being completed.
63
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TEXAS
REGION/STATE:
ADDRESS:
TexasWater Commission
NPDES Authority not Delegated
P.O. Box 13087
Capital Station
Austin. TX
7B711
CONTACT:
PHONE:
Mn. Robert Silbus. Chief.
Mr. Jack Davis
Industrial Wastewater Permits
Water Quality Standards Unit
(5121 463-8203
f512) 463-8475
SUMMARY: NPDES permitting authority has not been delegated to the State of
Texas. According to Mr. Craig Weeks, Industrial Permit Writer, EPA Region
VI (214-767-4381), there are 234 major and 1548 minor industrial and 241
major and 836 minor municipal permits in the State NPDES program.
Biological toxicity testing is being required in 133 of the industrial
permits. The biological test is an acute static 48-hour daphnid bioassay.
No testing requirements appear in municipal permits.
Texas had an existing discharge permitting program when the NPDES
program was initiated. The State has continued that program and, by
agreement, prepares draft NPDES permits for issuance by the EPA concurrent
with preparation of permits under the State system. In the State system
there are 12 or less special effluent situations where biological stream
monitoring with macroinvertebrates or other biological testing and toxicity
evaluations are required.
The State currently does not conduct bioassay testing and does not
operate a mobile bioassay laboratory. There is no biological laboratory
certification program. The State expects to implement an effluent bioassay
program, at least to verify data presented by contract laboratories. The
State completes about 6 intensive water quality investigations per year
that are oriented toward discrete discharges.
64
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U. S. VIRGIN ISLANDS
REGION/STATE: United States Virgin Islands
US Environmental Protection Agenqy. Region II
""ADDRESS: 26 Federal Plaza
New York,NY 1Q278
CONTACT: Michael Minerva. Permits Management Section
USEPA - Region II. 26 Federal Plaza. New York. NY 10215
PHONE: (212) 264-1859
SUMMARY: The Virgin Islands have 5 major and 20 minor industrial and 2
major and 8 minor municipal permits in the NPDES program. There are no
permits with biomonitoring requirements.
65
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UTAH
REGION/STATE;
ADDRESS:
CONTACT:
PHONE:
Utah Department 9f Health. Water Pollution Control
41QB State Office Building
P.O. Box 455QQ
Salt Lake City. UT 84145
Mr. Fred Pehrson. Chief
Permits & Compliance Section
(801) 533-6164
SUMMARY: There are 19 major and 150 minor industrial and 39 major and 43
minor municipal permits in the State NPDES program. Fourteen of the
municipal permits require 48-hour acute static daphnid bioassays. There
are no biological testing requirements in industrial permits and there are
no toxicity effluent limits in the permit program. It is anticipated that
the requirement for toxicity testing will be placed in additional permits.
The State does not have a mobile laboratory. There is no commercial
biological testing laboratory within the State, but there is a laboratory
certification program. The State presently does not have capability for
conducting bioassays. EPA Region VIII has performed one or two acute
and/or chronic bioassays for the State.
There are 10 to 20 special studies annually to determine beneficial
use criteria and to identify water quality impairment. In addition, there
are 125 to 150 routine trend monitoring locations. No fish flesh analyses
is done.
66
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VERMONT
REGION/STATE: Vermont Agency of Environmental Conservation
Department of Natural Resources
ADDRESS: Six Baldwin Streets
Montoelier. VT 05602
CONTACT: Mr^Doualas Burnham
Supervisor. Special Studies & Surveillance
PHONE: (802) 828-3369
SUMMARY: The State of Vermont has 8 major and 72 minor industrial and 31
major and 28 minor municipal permits in its NPDES program. There are no
requirements for biological toxicity testing in the permit prograni.
The State believes that there are 6 to 12 discharges with potential
toxicity impact on the receiving waters. Currently, potential toxicity is
controlled through a chemical specific program in which environmental
effects literature for those substances known to be discharged is used to
estimate potential environmental harm.
Although the State is not conducting bioassays currently, their
strategy is to be responsible for the initital acute screening of effluents
for toxicity. The screening test would include both a 48-hour
Daphnia pulex and a 7-day chronic Ceriodaphnia bioassay. When potential
toxicity is determined in the screening process, the industry would be
responsible for conducting 7-day chronic Ceriodaphnia and larval fathead
minnow bioassays. With the testing program, the State would establish
toxicity effluent limits; if such were violated, a toxicity reduction
evaluation would be triggered.
There is one commercial biological testing laboratory within the
State; there is no laboratory certification program. The State would
support an EPA regional laboratory certification program.
In associated biological investigative activities, the State has an
ambient stream monitoring program with 30 locations where
macroinvertebrates are sampled through use of the Surber Sampler. There
are six locations where fish populations are examined to monitor long-term
effects of stream acidification on headwater fish population. A fish flesh
analyses program is scheduled to begin in the fall of 1986.
67
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VIRGINIA
REGION/STATE:
ADDRESS:
CONTACT:
PHONE:
Vj.jcgi.nia Water Control Board
2107 North Hamilton Street
Richmond. VA 23230
Mr. David Pavlor
Water Resources Ecoloaist
(804) 257-67Q9
SUMMARY: The State of Virginia administers an NPDES permit program with
100 major and 125 minor industrial permits and 25 major municipal permit?.
Biological toxicity testing is required in 120 industrial and all major
municipal treatment systems with treatment capacity of over 5 MGD or with
pretreatment programs.
There are no toxicity limits in any permits but there is a reopener
clause. Further toxicity testing may be required if toxicity is discovered
as a result of the bioassays and a toxicity reduction plan may be required
when toxicity is confirmed. Some industries currently are preparing
toxicity reduction plans.
Generally, the types of bioassays required in permits include a 96-
hour static renewal fathead minnow and 48-hour static daphnid bioassay. In
some permits, trout are the required test organism in trout waters, and
mysid shrimp and salt water fish in salt waters. One or two permits allow
the use of mayfly nymphs as the invertebrate test organism. In about 15
permits, chronic tests with Ceriodaphnia are used in conjunction with th
7-day fathead minnow bioassay. Four of these 15 permits allow the use o
the 21-day Daphnia magna chronic bioassay. These 15 permits generally are
associated with industrial process changes, significant production
increases, new sites, and effluents discharging to the James River.
There is no State biological testing laboratory certification program.
The State approves a test plan, which includes the laboratory performing
the test, prior to the testing process. There are no human health
associated test requirements although consideration has been given to the
concept. About 20 permittees are required to complete biotic macroinverte-
brate receiving water assessments associated with effluents. These may be
qualitative or quantitative assessments. In one case, based upon a benthic
macroinvertebrate assessment and other monitoring, a toxicity reduction
plan was required without further testing.
The State operates a mobile biological laboratory. Generally at two
multiple-source, suspected toxicity sites annually, static bioassays with
two species along with 7-day Ceriodaphnia and 7-day fathead minnow
bioassays are performed on effluents. In addition, macroinvertebrate asse-
ssments are made on receiving waters along with an artificial substrate
protozoan test. In the State stationary laboratory, two-species static
bioassays using daphnids and fathead minnows along with a bacterial culture
bioassay are completed on 24 to 36 effluent samples annually.
63
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WASHINGTON
REGION/STATE: Washington Department of Ecology
DRESS:
Mail Stop PV-11
Qlvmpia, WA 98504
CONTACT:
PHONE:
Mr. Stan Springer
Supervisor of Enforcement and Program Coordination Section
(206) 459-6042
SUMMARY: Washington has 45 major and 475 minor industrial permits and 45
major and 235 minor municipal permits in its NPDES program. Approximately
40 of the industrial permits require biological toxicity testing and, of
these, about 30 have toxicity effluent limits. The type of test required
is an acute, static 96-hour bioassay using salmonids as test organisms.
The toxicity limits specify 80 percent survival of test organisms in 65
percent effluent using the receiving waters as dilution waters. Upon
failing the test, corrective actions including a determination of the cause
of the toxicity are mandated. Most of the permittees have inhouse
capability to accomplish biological testing requirements. Currently, in a
couple of permit reissuances, consideration is being given to requiring
instream biologic evaluations.
The State currently is in the process of revising its water quality
standards; developing a strategy or policy on effluent toxicity testing and
evaluating its water quality monitoring program. The State is also
evaluating the applicability of EPA's recommended acute and chronic
bioassays to the various industries within the State and to the marine
environment. The State believes that it should not begin a required
testing program by permittees until the State is comfortable with the
testing techniques. The State believes/ further, that it is headed toward
a chronic bioassay program and that toxicity testing with limits will
encompass a larger number of permits. Currently, the State does not
operate a mobile bioassay laboratory and there is no certification of
biological testing laboratories.
The State will investigate six effluents this year including both
fresh-water and marine dischargers with chronic bioassay techniques using
three species of test organisms including fish, invertebrate and algae.
The six dischargers have been selected to include the major potential
problem dischargers. These include: pulp and paper; wood treating and
aluminum industries; municipalities with industrial waste contributions and
municipalities without industrial waste contributions. Concurrent with the
chronic testing approach, a matrix is being developed that will include the
50 most common chemicals potentially being discharged associated with
appropriate management or control language that may be incorporated in
permits.
69
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WEST VIRGINIA
REGION/STATE: West Virginia
ADDRESS:
1201 Greenbriar Street
Charleston. WV 25311
CONTACT:
PHONE:
Randv Sovie. Head
Janis E« Fisher
Industrial Waste Section
Bioloav Section Leader
(3041 348-8855
(3041 755-9141
SUMMARY: West Virginia has been performing various forms of toxicity
testing for approximately eight years. In the past, efforts have focused
on comprehensive studies of macroinvertebrates in a 42-station network.
Presently, benthic studies are performed on about 20 specific
facilities per year. Recently the State has been incorporating toxicity
testing requirements into major industrial permits which are suspected of
haying toxics or organics in their discharge as they become eligible for
reissuance on a case-by-case basis. The standard permit language requires
a 48-hour static LC50 test on fathead minnows and Daphnia pulex and follows
the procedures for acute toxicity testing set forth in EPA 600/4-85/013.
Should the bioassay results indicate toxicity, further biomonitoring
requirements and/or a toxicity reduction plan may be required.
Currently there are 39 permits which contain this biomonitoring
requirement. The State performs approximately 100 bioassays a year as a
part of its compliance inspection program; the tests are conducted in their
stationary laboratory. There is no State laboratory certification program.
70
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WISCONSIN
REGION/STATE: Wisconsin Department of Natural Resources
ADDRESS:
P. 0. Box 7921
Madison. WI 53707
CONTACT:
Mr. Stanton Kleinert. Chief.
Mr. Joe Ball
Pretreatment & Fees Section
Biological Coordinator
PHONE:
(608) 266-7721
SUMMARY: The State of Wisconsin has 62 major and 731 minor industrial and
88 major and 507 minor municipal permits in its NPDES program. As a part
of the permit application process, pulp and paper mills are required to
submit results of 7-day chronic Ceriodaphnia and fathead luinnow bioassays
on effluents. Thus, there are 36 industrial permittees that are required
to conduct chronic bioassays as their respective permits expire and
requests are made for renewal.
The State expects to require toxicity testing of some municipalities
in the future. The use of toxicity reduction evaluations is just beginning
to be addressed. Testing for metals and the priority pollutants are
required in permits of municipalities with treatment plants exceeding 5 mgd
design capacity. Toxics limits have been included in one municipal permit
and will be evaluated as municipal permits come up for reissuance.
Currently, the State does not operate a mobile bioassay laboratory.
There is no certification program for commercial biological laboratories.
The majority of the pulp and paper mill bioassays is being performed by the
Institute of Paper Chemistry located at Appleton, WI. There is no State
toxicity testing capability but it is expected that the capability for
chronic toxicity testing will be developed within the next 12 to 18 months.
The State has received a grant to study the applicability of the Ames
test to water pollution control testing. The mouse test for toxic algae is
also being investigated further. There is an extensive macroinvertebrate
sampling program involving 450 samples but the thrust of this program is
toward nonpoint source pollution. There are 40 to 50 trend monitoring
locations where macroinvertebrates, zooplankton, phytoplankton, and
chorophyll a. are examined.
Wisconsin has an extensive fish and wildlife tissue examination
program where last year 525 flesh samples were examined for PCBs, 45 for
chlordane and dieldrin, 12 for toxaphene, 880 for total mercury, and 85 for
methyl mercury. Some of the samples were examined for more than one of the
above mentioned constituents.
71
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WYOMING
REGION/STATE: Wyoming Department of Environmental Quality
Water Quality Division
ADDRESS:
Herscbler Building. 4th Floor
Chevenne. WY 82002
CONTACT:
PHONE:
Mr. John Waaner
Technical Supervisor
f3Q7) 777-7781
SUMMARY: Wyoming administers a permit program consisting of 3C major and
770 minor industrial and 20 major and 80 minor municipal NPDES permits. Of
these, two municipalities are required to complete acute 48-hour daphnid
bioassays on a quarterly schedule. There is no toxicity testing required
of industry, but industrial activities generally are confined to resource
extraction such as coal mining and oil production, and complex industrial
wastewaters are rare. Although a strategy on the control of toxic
pollutants has not been prepared by the State, bioassay requirements may
become a more frequent evaluation tool in the future.
Bioassays are not performed by the State Water Quality Division, and
very little water pollution related biological assessment of any kind is
undertaken by the agency. There is no biological laboratory certification^
program.
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