asui Teduwto
                  Office of Water
           U. S. Eww(rttuwn!bd Prfffo&ioit Agency
              v, 1

      United States
      Environmental Protection
    EPA 820-R-09-001
       March 2009


 TaMe  of-
Foreword	iii

2008 Highlights	v

Technology-Based Solutions	1
   2008 Effluent Guidelines Program Plan	1
   Proposed Rulemaking for the Construction and Development Industry	1
   Development of a Proposed Rule for Airport Deicing Operations	2
   Development of a Proposed Rule for Cooling Water Intake Structures at Existing Large
   Power Plants	2

Water Quality-Based Standards	3
   Implementing the National Water Quality Standards Program	3
   Improving Beach Water Quality, Monitoring and Public Information	4

Application of Sound Science	9
   Drinking Water Support	9
   Developing New Recreational Water Quality Criteria	10
   Establishing a National Baseline of Persistent, Bioaccumulative and Toxic Chemicals in
   Freshwater Fish	11
   Understanding Contaminants of Emerging Concern in Water	11
   Expanding EPA's Aquatic Life Criteria Methodology	14
   Refining Existing Ambient Water Quality Criteria	14
   Developing and Using Biocriteria	16
   National Water Program Research Strategy	16

Education and Outreach	19
   Fish Kids Educational Web Site	19
   Educational Products About Water Quality for Grades K-2,3-5 and 6-8	19
   Partnership  to Reduce Dental Amalgam Discharges	19
   Earth Day 2008 Collegiate Water Debates	20
   Water Quality Standards Academy.	20
   Providing Training for Indian Tribes	20

Moving Forward in 2009	21
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The Office of Science and Technology (OST) is one of five offices within EPA's Office of Water.
OSThasthe privilege of bringing sound science, engineering and public policy to bear in the
pursuit of protecting and restoring the quality of America's waters. OST leads a wide range of
activities to advance water quality, public health and environmental protection underthe Clean
Water and Safe Drinking Water Acts. OST is responsible for setting national goals forthe quality
of America's waters and providing tools to measure progress toward achieving those goals.
Additionally, OST helps ensure that federal and state water programs reflect the latest scientific
knowledge about how water becomes polluted and the impacts of water pollutants on human
health and ecosystems. OST produces technology-based regulatory guidelines and analytical
test methods; water quality-based standards and criteria recommendations; health-based
advisories for beach swimming, fish consumption, and drinking water; risk assessments and
special studies to determine the need for regulations; and models and other tools. Collectively,
these help water program managers protect aquatic environments and human health.
Ultimately, OST's standards, guidelines and  methods serve as the foundation upon which EPA
water programs are built and progress  is measured.
In 2008, OST continued its long tradition of ensuring that sound science is the foundation for
its work and that stakeholder input is actively sought as we formulate public policy. OST made
many advances through collaboration with our regional counterparts; federal partners; and
state, territorial and tribal co-regulators. OST issued  proposed regulations forthe construction
and development industry that, when final, will prevent the discharge of nearly 27 billion pounds
of sediment into the nation's surface waters. We also partnered with co-regulators in the states
to ensure effective implementation of water quality standards, including providing the scientific,
technical and policy tools to help states advance management of nitrogen and phosphorus
pollution. OST continued to effectively manage the allocation and expenditure of grant funds
for beach monitoring and notification programs, and  produced an improved grant allocation
formula and a new Beach Sanitary Survey Tool. OST provided the scientific analysis of data
on dozens of drinking water contaminants and improved coordination with other EPA offices
in water quality criteria development and water research needs. Finally, OST led the Office of
Water's efforts to better understand the occurrence and consequences of Pharmaceuticals and
personal care products in our nation's waters so that EPA can make decisions about managing
these pollutants.
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In the upcoming year, OST will finalize the effluent guidelines for the construction and
development industry, complete Phase II of the National Water Program Research Strategy,
and publish a drinking water treatment technology report and the 2010 Preliminary Effluent
Guidelines Program Plan under Clean Water Act (CWA) section 304(m). OST will continue
to collaborate with states to support their adoption of numeric nitrogen and phosphorus
criteria, support tribes through the Consolidated and Central Tribal Training program, enhance
the effectiveness of the BEACH Act grant program, and improve the Agency's water quality
standards management measures. OST will also continue to provide leadership to the National
Water Program in science application. Through research and collaboration, we will progress
in developing updated recreational criteria, evaluating contaminants of emerging concern,
refining ambient water quality criteria  and providing support to EPA's Drinking Water Program.
In addition, OST will explore ways to foster state efforts to restore impaired waters, including
efforts to make incremental progress toward  restoration goals. OST will also focus on how
climate change will affect water quality and what steps can be taken to adapt to those
OST's fundamental strength is the expertise and commitment of its administrative and technical
staff. They have proven their resilience, flexibility and ability to focus on results throughout a
challenging 2008. OST's staff reflects the diversity, creativity and exemplary skills needed to
solve today's environmental problems. Our engineers, scientists, economists and environmental
specialists apply the latest technical advances and best science to achieve measurable results
in meeting the national goal of clean and safe water. Whether addressing  policy issues, water-
quality research ortechnological innovation,  OST professionals assure that water programs
are built on an advanced and reliable scientific foundation. As such, I am confident that we will
effectively meet whatever environmental challenges we face in the future.
                                                                                                  S. Klna
                                                                    Director, Office of Science and Technology
           OST's Minion:  We develop xrtwid, scientifically defensible stMw&rds, criteria,, adwwries,
             quiddities and Uwtitations u*ider the, Cl&aK Water Act Mid the Safe, VriwJdtuj Water
           Act. We, work with partners and rtaJkefaddfrrs to develop the, scientific and tetkndoaical
                                      •ouM^ations to atkievt clean water.

OST accomplished much in protecting the nation's surface and drinking water in 2008. Many
accomplishments are detailed throughout this report, but several stand out as key efforts for
the year, including:
    •   Construction and Development Industry—EPA published proposed effluent guidelines
       in November 2008 for national requirements for stormwater discharges from all
       construction sites greaterthan  one acre. This proposal would require that,forthe first
       time ever, large sites with high rainfall intensity and soils with high clay content meet
       an enforceable turbidity limit based on active treatment systems. The final rule will be
       published by December 1, 2009.
    •   Published the 2008 Effluent Guidelines Program Plan—The plan included studies for
       several industries. The studies evaluate methods of controlling pollutant discharge.
    •   Beach Protection Actions-ln 2008, OST published a report on 2007 Beach Closings and
       Advisories, updated the National List of Beaches, published proposed changes to the
       BEACH Act Grants allocation formula and made available a new Beach Sanitary Survey
    •   Nutrient Criteria—In December 2008, OST released the report, "State Adoption of
       Numeric Nutrient Standards: 1998-2008," meeting EPA's commitment to periodically
       report on the progress of the 50 states in adopting numeric nutrient Water Quality
       Standards (WQS). OST also provided states with technical and policy assistance
       through numerous means in 2008.
    •   Recreational Water Quality Criteria—OST has taken several key steps under EPA's
       Critical Path Science Plan toward revising the recreational water quality criteria that
       states can use to update their WQS. These criteria protect millions of swimmers from
       water contamination.
    •   Contaminants of Emerging Concern in Water—Under OST's leadership, EPA began
       implementing a strategy for addressing Pharmaceuticals and other contaminants that
       have  recently been discovered  at very low levels in surface and drinking water. The
       strategy focuses on four areas: strengthening science, improving public understanding,
       identifying partnerships to promote stewardship and taking regulatory action when
    •   Health Effects Analyses—OST was a key player in the proposal of the third contaminant
       candidate list in 2008. The list is a requirement of the Safe Drinking Water Act. OST
       prepared 126 health assessment documents and identified research needs for drinking
       water contaminants.
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Education, Outreach and Training Efforts—OST created a new Web site to teach
children and parents about safe fish consumption and developed educational water
quality activities for grades K-8. OST also hosted Earth Day collegiate water debates
and collaborated with the American Dental Association and the National Association of
Clean Water Agencies to help prevent mercury-based pollution from dental amalgam. In
addition, OST led the creation of EPA's Consolidated and Central Tribal Training Program
and trained nearly 250 water quality professionals through its Water Quality Standards
Academy classroom-style and online courses in 2008.


OST develops technology-based solutions to meet Clean Water Act
requirements for controlling point source wastewater pollution and
protecting aquatic life. These solutions are based on the performance,
availability and affordability of treatment and control technologies. OST's
efforts in this area include establishing effluent limitations for industries
that discharge wastewater, improving existing guidelines, identifying new
industrial pollution reduction technologies, and establishing technology
requirements for cooling water intake systems to prevent harm to aquatic life.
The effluent guidelines program is intended to reduce pollutant discharges
to the greatest extent that is technologically feasible and economically
achievable for an industry. To date, EPA has issued effluent guidelines for 56
industrial categories that collectively prevent discharges of almost 700 billion
pounds of pollutants annually. For comprehensive information about OST's
effluent guidelines program, visit

Every other year EPA publishes a plan and schedule, known as an Effluent
Guidelines Program Plan (Plan), for development and revision of industrial
wastewater regulations. This biennial Plan is required by Section 304(m) of
the Clean Water Act.
In September 2008, OST published EPA's final Plan for 2008, along with final detailed
studies on dental  amalgam and coal mining, interim reports of ongoing studies for
the steam electric power generation industry, and unused pharmaceutical disposal
practices. The studies evaluate  both the pollutant discharges from these industries
and the availability of technologies to control the discharges. OST also announced
it is continuing to  develop regulations for the airport deicing and construction and
development industries.  For more information about the 2008 Plan, see OST's Web

In November 2008, EPA published in the Federal  Register a proposed regulation to
reduce erosion and  control sediment discharges from construction sites. Sediment
is one of the leading causes of water quality impairment nationwide. Discharges
containing sediment degrade aquatic systems and increase water treatment costs.
The proposal covers construction in all sectors—residential, commercial and
transportation—and requires Best  Management Practices and sediment basins,
implemented through an EPA or state Construction General Permit (CGP) for all sites.
In addition, larger sites of 30 acres  or more located in areas with greater rainfall must
meet numeric limits based on Advanced Treatment Systems. The proposed rule is
innovative and risk-based, targeting those sites that will have the greatest sediment

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discharges. The proposed construction and development requirements would prevent nearly 27 billion
pounds of sediment from being discharged. Under court order, the final rule is scheduled to be published
in the Federal Register no later than December 1,2009. For more information, visit

In 2008, OST drafted a proposed rule to establish effluent guidelines to control pollutant runoff
associated with deicing aircraft and runways. More than one-third of deicing fluid is discharged without
any treatment, resulting in discharges of more than 120 million pounds of chemical oxygen demand. EPA
listed this category for rulemaking in its 2004 Effluent Guidelines Plan. In order to draft the proposed
rule,  OST visited 20 airports to collect information on deicing operations and wastewater generation,
collection, treatment and recycling; issued a survey to a representative sample of airlines and airports;
and sampled deicing fluid from six airports. OST also worked closely with industry representatives to
ensure effective data collection and give them an opportunity to provide input. For more information,
visit www.

Clean Water Act section 316(b) mandates technology-based standards for cooling water intakes to
minimize adverse environmental impacts from cooling water intake structures at power  plants and
manufacturing facilities. The withdrawal of cooling water harms billions of aquatic organisms each
year, including fish, shellfish, and marine mammals. Most damage is done to early life stages of fish and
EPA issued standards in February 2004 for existing large power plants that withdraw at least 50
million gallons of cooling water each day from surface waters. Environmental groups and industry
representatives challenged the final rule. In January 2007, the Court of Appeals for the Second Circuit
remanded key provisions of the rule, and EPA suspended the rule  in July 2007, indicating that it would
also proceed to amend the rule to address the remanded issues.
OST drafted a proposed rule that includes analysis of many new studies issued since 2004, and the
results of over 20 OST-conducted site visits. Upon industry petition, the U.S. Supreme Court granted
certiorari on the role of cost/benefits balancing in choosing a national performance standard, and oral
argument was held on December 2,2008. OST is currently waiting for the U.S. Supreme Court to issue its
decision before proceeding.
For more information about cooling water intake rulemakings, visit

Bawd  StoAww
Unlike technology-based water programs, which are driven by technological
and economic feasibility, water quality-based programs are driven by scientific
determinations of risk and water quality conditions that must be met for the protection
and restoration of aquatic life and human health. OST determines appropriate water
quality characteristics for both treated drinking water and ambient surface waters.
OST's drinking water work is discussed in the Application of Sound Science section
of this report, as it is the scientific assessment work that underlies drinking water
regulations. This section focuses on the water quality standards that are established
to protect ambient surface waters.
WQS are the foundation of the water quality-based
control program mandated by the Clean Water Act.
WQS define the goals for U.S. waters and set the
standards against which all other surface water quality
programs measure success. WQS consist of four
    •   Designated uses for water bodies, such as
       recreation, aquatic life support, public water
       supply, agriculture, etc.
    •   Water quality criteria that establish  numeric
       pollutant concentrations or narrative
       descriptions of water conditions that must be
       met to attain designated uses
    •   Antidegradation policyto maintain and protect
       existing uses and  high quality waters
    •   Other policies that address the implementation
       of standards.
                          The Water Quality-Based Approach
The Water Quality-Based Approach describes a management approach for protecting
and restoring surface waters that is based on the water quality necessary to protect
designated uses of water bodies. Through its Water Quality Standards Program, OST
develops the recommended criteria and reviews the state standards that ultimately
drive the protection and restoration of the nation's water bodies.
The Clean Water Act authorizes states and territories to administer WQS  programs.
OST and EPA's regional offices (Regions) provide federal oversight for the state and
territorial programs, but all work together as co-regulators on a daily basis.
Tribes must apply for federal authorization to administer WQS programs under the
Clean Water Act. OST provides technical assistance to tribes in applying for federal
program authorization and in developing and implementing WQS and other water

quality programs. To date, 44 tribes have federal authority to administer a WQS program, three of which
OST assisted in receiving authorization in 2008. Across the U.S., 35 tribes have EPA-approved, Clean
Water Act-effective WQS programs. OST also plays an active role in providing training and technical
support for tribes (see the Education, Outreach and Training section of this report).
Providing Regional and State Support on WQS
In addition to developing federal regulations, and national policy and guidance, on WQS, OST provides
support to the Regions and states on specific WQS actions. In 2008, OST assisted the Regions and states
in advancing state WQS programs by providing EPA's latest science, helping the Regions communicate
EPA's policies and helping states find workable solutions to complex standards implementation issues.
For example, OST provided support for approximately 20 lawsuits, notices of intent to sue, and petitions
each affecting anywhere between one and 50 states. OST also reviewed numerous state standards
packages submitted to the Regions for review and approval. These included challenging issues such
as combined sewer overflow regulations, revised standards for the Chicago area waterways, thermal
mixing zone provisions, human health criteria and antidegradation policies.  OST also took action to
ensure that WQS apply to160 miles of the Mississippi River near St. Louis, allowing for public water uses
such as swimming.
                                          OST works closely with the Regions to support
                                          constructive, timely and defensible actions on state
                                          WQS submissions. Recently, Regions have increasingly
                                          been working earlier with their states to ensure that
                                          states' standards revisions are "approvable" before
                                          they are adopted and submitted to EPA. To help states
                                          submit approvable WQS, the Agency sets ambitious
                                          management targets. In FY08, EPA was able to approve
                                          92.5 percent of the state submissions received.
                                          For more information about the National Water Quality
                                          Standards Program, visit
The Water Quality Standards Process
EPA estimates that Americans make 910 million trips to coastal areas each year, spending about $44
billion annually. OST's Beach Program works in partnership with the Regions and state and local
governments to protect water quality at U.S. beaches and thereby protect the health of beach visitors.
The Beach Program focuses on five areas:
   •   Strengthening local beach WQS and monitoring efforts
   •   Providing faster laboratory test methods for beach water samples
   •   Predicting pollution problems by identifying causal sources and conditions
   •   Investing in human health and analytical methods research
   •   Informing the public about water quality problems at U.S. beaches.

Providing Funding for State Beach Programs
To improve water quality testing at the beach and to help beach
managers better inform the public about water quality issues,
Congress passed the Beaches Environmental Assessment and
Coastal Health (BEACH) Act in October 2000. The Act authorizes
EPA to award grants to eligible states to develop and implement
beach water quality monitoring programs at coastal and Great
Lakes recreational waters near beaches. These grants also support
programs to inform the public about the risk of exposure to disease-
causing microorganisms in the waters at the nation's beaches. In
addition to notifying the public, states must also send EPA data
on beach monitoring and notification for their coastal recreation
waters, which EPA must maintain in a database.
 In 2001, EPA started a BEACH Act grant program to help the 35 coastal and Great Lakes states develop
and implement their monitoring and notification programs.  Since then, the Agency has awarded  more
than $71 million in grant funds to eligible states to protect the nation's beaches, including $9.75 million in
2008. For more information, visit
Improving the BEACH Act Grant Allocation Formula
A decade ago, state and local monitoring and notification programs differed across the country.  EPA
grants are designed to consistently protect and inform the  public about beach waters in 35 eligible
states. EPA uses an allocation formula to distribute these grant funds. The Agency consulted with states
and the Coastal States Organization to develop the allocation formula, which considers three factors:
beach season length,  beach miles and  beach use.
OST published a Federal Register Notice in August 2008 announcing
proposed changes to the formula used to allocate BEACH Act grants
to  participating coastal and Great Lakes states (see www.epa.
gov/waterscience/beaches/grants/alloc-fs.html). The incremental
change to the formula, produced with the assistance of a multi-state
stakeholder group, retains the existing formula distribution for the
current level of funding while redistributing funds from  states that
are not spending grant funds in a timely or effective manner to other
states. These reallocated funds and future grants appropriations are
allocated on the basis of beach miles and beach use by the public.
EPA is considering three changes to  its current BEACH Act
implementation grant allocation formula, which would become
effective in 2010:
    (1) Making  shoreline miles and coastal county population permanent factors in the allocation
       formula  for the first $10 million of annual BEACH Act grant funds.
    (2) Including a financial incentive component as part of the allocation formula to  encourage  states
       to spend their grant funds as efficiently and effectively as possible.
    (3) Redistributing underutilized funds using a new allocation formula composed of values for beach
       miles and beach use.


National List of Beaches
The BEACH Act also requires that EPA publish and periodically update a National List of Beaches,
which provides a national baseline and measure of improvement of state beach monitoring across the
country. It also provides information to the public about beaches in their state. OST published the first
National List of Beaches in May 2004 and an updated list in September 2008. EPA compiled the 2008 list
using information submitted by states from their 2007 swimming seasons. This list showed that in 2007,
states identified 6,247 beaches, 59 percent of which were monitored and 41 percent of which were
not monitored. These statistics represent an increase over the 2004 List, which showed that of 6,099
identified beaches, 57 percent were monitored and 43 percent were not. For more information, visit
Keeping Track of States' Beach Closings and Advisories
Each spring, OST releases a report summarizing the number, location and duration of beach closings
and advisories ("notification actions") in the U.S. during the previous year's swimming season. In May
2008, OST released a national summary report of state data on beach closings and advisories during the
2007 beach season. In July 2008, the report was supplemented  by state reports that include program-
specific accomplishments, issues and other information  provided by the states and made available on
EPA's Beach Monitoring and  Notification Web site  (}.
The report informs the public about how many beaches had notification actions, how many notification
actions were reported and how long they lasted, and what percentage of days beaches were under a
notification action.
Making Beach Sanitary Surveys Easier to Conduct
EPA developed the Beach Sanitary Survey Tool as  a follow-up action to the 2004 Great Lakes Regional
Collaboration (GLRC).The GLRC is a cooperative effort to design and implement a strategy for the
restoration, protection and sustainable use of the Great Lakes.  OST, Region 5 and EPA's Great Lakes
National Program Office worked in collaboration with state beach managers to develop a draft Beach
Sanitary Survey Tool in 2006. In the summer of 2007, the tool was tested at 61 beaches in the Great
Lakes region, under a one-time EPA grant of $525,000. The state and local governments testing the tool
provided comments to EPA, who then developed the final Beach Sanitary Survey Tool and announced its
availability in May 2008.
                       A sanitary survey is a method of investigating the sources of fecal
                        contamination to a water body.  Beach sanitary surveys involve collecting
                        information at the beach, as well as in the surrounding watershed. The
                        Beach Sanitary Survey Tool helps beach managers in the Great Lakes
                        identify sources of bacterial contamination at their beaches so that these
                       sources can be corrected, resulting in more days that beaches are open
                       for swimming. Beach managers can also use the sanitary survey results to
                        prioritize state or county resource allocations to help target further testing
                        and  improve beach water quality.
                        EPA's Sanitary Survey Tool consists of a user's manual and three types of
                        beach sanitary surveys in paper and electronic  form (see
                        waterscience/beaches/sanitarysurvey/). EPA expects that use of the tool will
                        result in cleaner beaches in the Great Lakes. The tool can also be used by
                        other states in the future for other marine and inland waters.
       Great Lakes Beach
       Sanitary Survey

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Partnering with States to Develop Numeric Nutrient Standards
Nutrient pollution, especially nitrogen and phosphorus pollution, is
a leading cause of water quality impairments in the United States.
As a consequence, EPA has made protecting and restoring the
nation s waters from nitrogen and phosphorus nutrient pollution
a top priority. Over the past ten years, OST and  the Regions have
worked with states and certain  river basin commissions to help them
adopt numeric nutrient criteria into state WQS. These standards are
critical because they facilitate more efficient and effective water
quality assessments and watershed protection management. To be
most effective, nutrient standards should include numeric criteria
for total nitrogen and total phosphorus levels (pollutants that cause
impairments) and water clarity and chlorophyll a (indicators of the
extent of a water body's pollution).
In December 2008, OST published the report "State Adoption of Numeric Nutrient Standards: 1998-
2008." The report covers state progress since 1998, when EPA released its national strategy for helping
states develop numeric nutrient WQS for their major water body types (lakes and reservoirs, rivers and
streams,  estuaries and wetlands). It also implemented EPA's 2007 commitment to report periodically on
state progress in adopting such standards. The report can be found on OST's Web site at
OST continues supporting the development and state adoption of nutrient standards by:
    •  Providing implementation and policy assistance directly to states that are close to adopting
       numeric criteria.
    •  Building capacity of states that are less prepared to adopt numeric criteria by assisting them
       with data and statistical analysis.
    •  Building a science-based foundation for developing new nutrient criteria for estuaries, wetlands
       and  large rivers by continuing to develop new technical guidance.
    •  Communicating effectively the consequences of nutrient pollution and the benefits of nutrient
       controls to watershed groups and the general public.
Examples of the support OST provided in 2008 included:
    •  Assisting Arkansas and North Dakota with completion of their nutrient criteria development
    •  Completing data analysis for certain water  body types in  Kentucky, West Virginia, Wisconsin,
       Colorado, Illinois, Montana, Puerto Rico and Indiana.
    •  Providing technical reviews of Minnesota and West Virginia lakes nutrient criteria and the
       Hoopa Tribe Klamath River criteria.
    •  Conducting technical Webcasts on Nutrient Criteria Development for Michigan Streams and
       Lakes: Site-Specific & Effects-Based and Minnesota River Nutrient Criteria Development:
       Emphasis on Biological Indicators & Relationships.
    •  Holding two workshops in September 2008 for the  Region 4/6 Regional Technical Assistance
       Group. The first workshop focused on statistical tools for deriving nutrient criteria and the
       second one focused on how to use periphyton data from all Region 4 states  in developing actual
       candidate criteria.
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           Conducting a Webcast for watershed groups on Managing Nutrients in Your Backyard and
           releasing online and CD versions of an educational presentation, Sowing the Seeds for Healthy
           Waterways: How Your Gardening Choices Can Have a Positive Impact in Your Watershed,
           that can be used by naturalist instructors, community garden clubs and other organizations to
           educate the public about gardening practices that minimize the runoff of nutrients to waterways
                                    State-adopted and EPA-approved numeric nutrient standards
                                    are critical for preventing the harmful effects of nitrogen and
                                    phosphorus pollution in the nation's waters and for restoring water
                                    quality from impairment caused by this pollution. Over the past ten
                                    years, OST has worked in close partnership with states, territories,
                                    authorized tribes and certain river basin commissions to  help them
                                    progress toward the goal of adopting numeric nutrient criteria into
                                    their WQS. Their progress has been uneven, however, as indicated
                                    in the report. OST will  continue to make this work a high priority
                                    throughout 2009.
                                    For more information about nutrient criteria development, visit www.

EPA uses the best scientific information available to anticipate
potential environmental threats, evaluate risks, identify solutions and
develop protective standards. Sound science helps EPA askthe right
questions, assess information and characterize problems clearly
to inform Agency decision makers. OST leads the National Water
Program in applying sound science through its development of tools,
data, recommendations, policies and regulations that serve as the
foundation upon which all other EPA water programs are built and
against which they measure progress.
In 2008, OST led a variety of projects that resulted in EPA gaining
important scientific knowledge that will help protect water
resources. OST's efforts in these areas provide other EPA offices and state co-
regulators with access to important data to support their projects and programs:
    •    Prepared health effects documents for 46 unregulated contaminants,
        toxicological data updates on 73 regulated contaminants, quantitative risk
        assessments on four flame-retardants and draft toxicological reviews of three
        additional contaminants in support of drinking water protection.
    •    Developed and began implementing  a Critical Path Science Plan that is
        providing answers to scientific questions about how to establish more
        protective recreational water quality criteria.
    •    Completed the National Lake Fish Tissue Study, the first study of its kind with
        the largest set of chemicals ever studied in fish.
    •    Furthered research and information gathering and dissemination regarding
        contaminants of emerging concern in water.
    •    Expanded EPA's aquatic life criteria methodology to allow for development of
        criteria for contaminants of emerging concern.
    •    Continued work to develop new recommended ambient water quality criteria
        for selenium, atrazine, ammonia, acrolein and phenol.
    •    Published a draft National Water Program Research Strategy identifying the
        research, science and technology needs of the National Water Program.

OST develops risk assessments for drinking water contaminants
in support of regulatory decisions made by EPA's Office of Ground
Water and Drinking Water (OGWDW). This support includes
development of contaminant candidate lists (CCL), regulatory
determinations and six-year reviews of currently regulated drinking
water contaminants.
OGWDW publishes a CCL every 5 years determining which
contaminants are most likely to pose a  risk to human health. OST

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helps OGWDW identify the health effects used to determine the list. In 2008, EPA published its proposed
third CCL (CCL3). OST provided support by developing the approach used to group contaminants based
on the potency and severity of effects.  To support CCL3, OST prepared health effects background
documents summarizing available toxicological information and identifying research needs for the 35
contaminants that have available occurrence data.
In July 2008, EPA finalized the regulatory determinations for 11 chemicals from CCL2. OST prepared the
health effects support documents for each of these contaminants. "Do not regulate decisions" were
made for the 11 chemicals because they did not occur at levels of concern on a national basis. OST
developed health advisories forthree of these contaminants because data indicated they occurred in
certain regions of the country. Health advisory values can be used by the states and local public health
departments to make local decisions regarding drinking water contamination. Several chemicals were
deferred for later consideration because  of deficiencies in the occurrence data. All of the deferred
chemicals are on the proposed CCL3.
EPA reviews each drinking water regulation at least every six years. In support of the Agency's second
six-year review, OST updated the toxicological data for 73 regulated chemicals in 2008. These updates
identify changes that might impact the health basis  of the current regulations or suggest a need to
revise the current health assessment due to research results published since the completion of the first
six-year review in  2003.
In partnership with the Office of Research and Development (ORD), OST developed toxicological
reviews for several chemicals of concern as ambient or drinking water contaminants that may affect
human health. In June 2008, OST finalized quantitative health risk assessments for four brominated
diphenylether flame-retardants. The assessments are available online at OST also
provided ORD with draft toxicological reviews for inorganic arsenic, copper and uranium.

                                A critical component of OST's work is publishing new recreational
                                water quality criteria that states can use to strengthen their
                                WQS programs. The BEACH Act requires OST to develop these
                                criteria, which protect millions of swimmers in the United States
                                from illnesses associated with fecal  water contamination. To
                                revise the criteria to reflect current scientific data, OST and
                                ORD are implementing the Critical Path Science Plan (Science
                                Plan) developed by U.S. and international scientific experts and
                                published by EPA in 2007. The Science Plan describes the high-
                                priority research, overall research goals  and key science questions
associated with data gaps in the existing  science that EPA will pursue, setting the foundation for the
development of new or revised recreational water quality criteria recommendations.
In keeping with the Science Plan, OST met with stakeholders in February 2008 to communicate
its research activities and obtain input on criteria implementation challenges. Through continued
collaboration with ORD and experts in the stakeholder community, OST will help ensure research
clarifies key questions  and creates  sound recreational water quality criteria.
For more information on the status of this research and OST's work to develop new recreational criteria,
visit www.

Distribution of Sampling Locations
                 Number oi Target Likei •
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In December 2008, the first of two articles about
EPA's National Lake Fish Tissue Study was
published in the journal Environmental Monitoring
and Assessment. The article describes the
statistical design of the study, which allowed OST
to develop national estimates for 268 persistent,
bioaccumulative and toxic (PBT) chemicals in fish
tissue from lakes and reservoirs in the lower 48
states. The study represents EPA's first effort to
take a broad look at fish contamination since the
late 1980s.
The study is the first national freshwater fish contamination survey
based on a random sampling design. It also generated data that will
define a national baseline against which EPA programs can assess
the progress of pollution control activities to limit the release of
these chemicals into the environment.
Preliminary results of the study have yielded compelling information.
For example, mercury and PCBs were detected in all fish samples
collected during the four-year sampling period (2000-2003).
Dioxins and furans were detected in predator and bottom-dweller
samples at 81 percent and 99 percent of the sites, respectively.
DDT was detected in predator and bottom-dweller samples at 78
percent and 98 percent of the sites, respectively. The mercury concentrations for predators exceed
EPA's recommended tissue-based criterion of 0.3 parts per million (ppm) for about half of the sampled
population of lakes. EPA is using these data to support Agency efforts such as developing an Agency-
wide strategy for monitoring PBT chemicals, assessing mercury in the environment and characterizing
the state of the environment.
OST collaborated with ORD and worked with the Regions, 47 states, three tribes and two other
federal  agencies to conduct the study. A second journal article expected in mid-2009 will focus on
implementation of the study and the final results.
For more information about this study, see OST's Web site at

The phrase "contaminants of emerging  concern" (CECs) refers
broadly to chemicals or microbiological organisms that are newly
recognized in the environment as being of concern because of
their known or suspected adverse ecological or human health
effects. EPA needs to further study the occurrence, fate, and
    Contaminants of Emerging Concern in Water

"A  ,.•..,

transport of and exposure to these contaminants to better evaluate risk and determine whether they
need to be controlled through federal regulations.  EPA is aggressively pursuing efforts to improve its
understanding of CECs. A key subgroup of CECs on which EPA and others are focusing attention is
Pharmaceuticals and personal care products (PPCPs).
EPA's Strategy for Addressing PPCPs in Water
In 2008, OST led the Office of Water in developing and implementing a strategy to improve the Agency's
understanding of PPCPs in water and ability to take actions to address them. The strategy focuses EPA's
efforts on four areas:
    •   Strengthening Science-identifying PPCPs in surface water and drinking water and targeting the
       collection of needed information on their occurrence, concentrations and effects
    •   Improving Public Understanding-providing information to help the public understand the issues
       and inform EPA's policy decisions
    •   Identifying Partnerships and Promoting  Stewardship Opportunities-working with others to
       prevent CECs, particularly Pharmaceuticals, from entering waters
    •   Taking Regulatory Action When Appropriate-using EPA's regulatory tools when sufficient data is
In 2008, OST made significant progress in implementing EPA's strategy by initiating or completing many
projects with special emphasis on the areas of sound science and technology.
Strengthening Science
OST completed or began a number of activities to strengthen the Agency's scientific knowledge of the
existence and behavior of PPCPs in wastewater effluent, biosolids and fish tissue:
    •   Completed initial development of three new analytical methods to detect and quantify over 150
       PPCPs, steroids and hormones in wastewater and biosolids, as well as a new method to detect
       pesticides in these same media. All of these methods are available on OST's Web site at www.
    •   Studied Nine Publicly-Owned Treatment Works (POTW) to better understand the occurrence
       of PPCPs in untreated municipal wastewater (POTW influent) and fully treated effluent, and to
       evaluate and improve the performance of analytical methods. OST plans to release the results of
       the study mid-2009.
    •   Began reviewing treatment technologies that may remove PPCPs from wastewater, such as
       activated sludge, ozone disinfection, high intensity ultraviolet light and de-nitrification. OST
       expects to release a report in spring 2009.
    •   Conducted the Targeted National Sewage Sludge Survey to produce the first national estimates
       of which Pharmaceuticals, steroids and hormones may  be present in sewage sludge and at
       what concentrations. A report on the survey results will be released in early 2009. The survey
       is a valuable step in  advancing the understanding of what is present in treated sewage sludge
       and provides important input for EPA and others to use in evaluating biosolids generated by the
       nation's POTWs.
    •   Completed a fish tissue pilot study on PPCPs, the first U.S. field study to investigate the
       occurrence of 24 commonly-used  Pharmaceuticals and  12 personal care products in fish tissue
       collected from five streams near wastewater treatment plants. Preliminary study results were

       released in August 2008 (see An
       article reporting final results from the pilot study will be published in late 2009 in a special issue
       about PPCPs in the environment in the journal Environmental Toxicology and Chemistry.
    •   Included fish tissue and surface water sampling for PPCPs as part of EPA's National Rivers
       and Streams Assessment. Field teams began collecting water and composite fish samples at
       approximately 150 urban river sites in 2008 and will continue through 2009. Results are expected
       in 2011. For more information, visit
    •   Commissioned a National Academy of Sciences workshop, held in December 2008, to
       better understand how to evaluate the potential  risks to humans of low concentrations of
       Pharmaceuticals in drinking water (see
Improving Public Understanding
EPA believes it is important to communicate to consumers about how they can aid in
preventing PPCPs from entering wastewater systems and water bodies.
In August 2008, OST launched a new Web site on PPCPs in water to explain to the
public the Office of Water's strategy and activities it is pursuing (see
waterscience/ppcp). The site links to EPA's Web site on PPCP research at www.epa.
OST has also led EPA's efforts to work with the Food and Drug Administration (FDA) and
the White House's  Office of National Drug Control Policy to revise the 2007 federal drug
disposal guidelines to make them more consumer-friendly. This work will continue in
Identifying Partnerships for Stewardship Opportunities
EPA recognizes the importance of working with partners to implement its strategy
successfully. In the spring of 2008, EPA's Office of Water  sent letters to and met
with state environmental and public health department directors, water industry
associations, the environmental community and  agricultural organizations to share
and gather information about activities aimed at addressing PPCPs in water.
Preventing Pharmaceuticals from entering the environment is an important
aspect of the strategy. OST has focused on making information available to
the public on proper drug disposal through the federal disposal guidelines, by
making information publicly available through its Web site and by supporting
community drug take-back programs where consumers can dispose of their
unused drugs. The Agency is working  with the Drug Enforcement Agency
to facilitate more take-back programs that comply with the Controlled
Substances Act.
Taking Regulatory Action When Appropriate
EPA is using its regulatory authority when appropriate to address
environmental concerns posed by Pharmaceuticals in water.
EPA has been studying how the drugs enter waterways and what factors
contribute to the current situation. OST initiated  a study on the disposal
practices of unused Pharmaceuticals  at health care facilities, such as
Unused Pharmaceuticals in
  the Health Care Industry:
                    Interim Ftepori

hospitals, hospices, long-term care facilities and veterinary hospitals to determine current disposal
methods and identify alternate methods of disposal to avoid introducing these drugs into the water
system. In August 2008, OST completed the Summary Interim Report, highlighting results from the study,
and published in the Federal Register a proposed Information Collection Request (ICR) for the  health
care industry. For more information about the report and ICR, visit
and lookforthe heading "Managing Unused Pharmaceuticals."
With regard to potential regulation of PPCPs in drinking water, the final CCL3 is scheduled for  publication
in August 2009. Based on public comments received in 2008, some Pharmaceuticals are being evaluated
for possible inclusion on the final list.

                               The recent pressures presented by CECs  have made clear the need
                               for EPA to develop ambient water quality  criteria to help assess
                               and manage the potential risk in the aquatic environment. The
                               Agency is concerned about PPCPs that are designed to stimulate
                               a physiological response in humans, plants and animals, and are
                               commonly discharged at wastewater treatment plants.
                               Led by OST staff, EPA's CEC workgroup prepared an exploratory
                               paper, "Aquatic Life  Criteria for Contaminants of Emerging Concern:
                               Challenges and Recommendations," to present some of the issues
                               facing the Agency regarding the development of criteria for
                               CECs. In the summer of 2008, EPA sought  advice from the Science
Advisory Board (SAB) Ecological Processes and Effects Committee regarding the technical merit of
recommendations presented in the paper that will serve as a basis for future  development of water
quality criteria for CECs. The paper discussed how principles in the 1985 "Guidelines for Deriving
Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses" (1985
Guidelines) could be adapted to develop criteria for CECs.
The SAB Committee completed their comments and final report on the paper  in December 2008. In
2009, OST will convert the revised paper into a Technical Support Document to complement the existing
For more information about aquatic life criteria, visit

In an effort to further protect the nation's waters, OST continues to refine EPA's national recommended
ambient water quality criteria, the pollutant concentrations necessary to protect designated uses in
surface waters. In 2008, EPA made recommendations for revised selenium, atrazine, ammonia, acrolein
and phenol criteria.
Selenium Criteria for Protection of Aquatic Life
EPA published a  draft national recommended tissue-based aquatic life criteria for selenium and
requested scientific views in 2004. This draft freshwater chronic criterion was based on a study of over-
winter mortality of juvenile bluegill sunfish. Uncertainties about the interpretation and use of this study
led EPA to conduct further research to better characterize the over-winter mortality phenomenon. EPA
completed this research in early 2008 and released a Notice of Data Availability (NODA) in the Federal

Register in October 2008. The NODA consists of a report on EPA's research, as well as a bibliography of
additional selenium toxicity research completed since 2004.  EPA will re-propose draft criteria in 2009.
For more information about selenium ambient water quality criteria for the protection of aquatic life, visit
Atrazine Criteria for Protection of Aquatic Life
In 2003, EPA published draft national recommended ambient water
quality criteria for atrazine, a widely used herbicide. Published to
obtain scientific views, the draft criteria are based on the analysis
of the Comprehensive Aquatic Systems Model (CASM) that provides
the ability to assess the effects of the aquatic plant community's
exposure to atrazine. In 2007, the Scientific Advisory Panel (SAP)
for EPA's Office of Pesticide Programs (OPP) reviewed current
amphibian research to determine the validity of the model and
associated eco-monitoring work. The SAP identified several areas
of the model requiring further development and evaluation. In 2008,
OST and OPP implemented the SAP's recommendations, expanding
the sensitivity analysis and validating the model for its use as a tool to interpret atrazine monitoring data.
EPA now plans to release the atrazine criteria document and draft implementation guidance in 2009.
For more information about the atrazine ambient water quality criteria for the protection of aquatic life,
Ammonia Criteria for Protection of Aquatic Life
In 1999, EPA published revised national recommended aquatic life criteria for ammonia to protect
salmonids' greater than previously recognized sensitivity to ammonia, particularly in early life stages.
Recent toxicity data  for freshwater mussels indicates that larval and juvenile mussels may be more
sensitive to ammonia than the  salmonids on which the 1999 criterion was based. In response, OST is
re-evaluating the 1999 ammonia aquatic life criteria regarding the protectiveness of the criteria for
freshwater mussels.
In 2008, to evaluate uncertainties about the interpretation and use of existing larval and juvenile mussel
toxicity data, an OST-led workgroup developed proposed position statements on the issues of scientific
uncertainty. OST conducted external peer reviews of the workgroup's proposed position statements. In
2009, OST plans to finalize its re-evaluation and publish a draft ammonia criteria re-assessment.
For more information about ammonia ambient water quality criteria for the protection of aquatic life, visit
Acrolein Criteria for the Protection of Aquatic Life
In December 2008, EPA published in the Federal Register draft national recommended criteria for the
protection of freshwater aquatic life for acrolein based on EPA's 1985 Guidelines. Toxicity data and other
information on the effects of acrolein were obtained from reliable sources and subjected to both internal
and external peer review. Saltwater criteria could not be derived for acrolein because of a lack of acute
and chronic toxicity  data. Comments on the draft freshwater criteria for acrolein are being accepted
through March 17,2009.
For more information on the development of aquatic life criteria for acrolein, visit

          Acrolein and Phenol Criteria for the Protection of Human Health
          In September 2008, EPA published in the Federal Register updated draft national recommended water
          quality criteria for the protection of human health for acrolein and phenol to obtain scientific views.
          EPA revised the human health criteria based on EPA's 2000 "Methodology for Deriving Ambient Water
          Quality Criteria for the Protection of Human Health." This methodology incorporates significant scientific
          advances made in the last two decades, particularly in the areas of cancer and noncancer risk
          assessments, exposure assessments and methodologies to estimate bioaccumulation in fish. The two
          updated criteria integrate new reference doses for acrolein and phenol. The new reference dose values
          have already been published in the Agency's Integrated Risk Information System (IRIS). EPA plans to
          publish final human health criteria for acrolein and phenol in spring 2009.
          For more information on EPA's human health criteria for acrolein and phenol, visit

Bioossessment and
          BiotrilHil in Stilt
                               The numbers and kinds of organisms present in water bodies
                               can provide direct information about the health of those water
                               bodies. Biological reference measurements, or biocriteria, can be
                               developed to measure and assess the health of the water bodies,
                               particularly whether they are attaining designated aquatic life uses.
                               In 2008, OST's biocriteria program made significant progress on
                               several activities, including: (1) working with the Regions and
                               certain states and tribes, to develop, test and implement biological
                               criteria in state and tribal WQS, including piloting methods to refine
                               aquatic life uses; (2) partnering with regional-state nutrient criteria
                               teams in Regions 2,4 and 8 to address the link between nutrient
and biological criteria development in New Jersey, Florida and Colorado, respectively; (3) drafting an
educational bioassessment Web site for high school students  to teach them how to determine the health
of local water bodies based on the type and amount of aquatic species present; and (4) developing a
draft guide that explains how to incorporate biological information into states' WQS to define more
precisely aquatic life designated uses of water bodies, the goals for restoring impaired waters and the
baseline conditions for preventing future degradation.
For more  information about OST's biocriteria program, visit

ORD and other potential collaborators have expressed the desire for clarification of the National
Water Program's research  needs. The Regions and place-based programs have also requested more
input into the types of research conducted on EPA's water programs. To meet those requests, EPA's
Office of Water, led by OST staff, released  Phase 1 of its National Water Program Research Needs and
Management Strategy on September 30,2008. The Phase 1 document is a compilation of the research
needed by the National Water Program to successfully achieve the goals  and obligations required
by various water-related statutes, regulations and consent decrees, as well as those captured in the
Agency Strategic Plan. Phase 2 will prioritize the research captured in the Phase 1 document.

The Phase 1 Strategy:
    •   Ensures that the National Water Program's water research,
       science and technology needs are comprehensively identified and
    •   Expands partnerships and collaborations across EPA, the federal
       research family and the broader research community to meet water
       research needs.
    •   Supports commitments to collaborative corporate planning,
       prioritization and research management to meet the environmental
       goals of the National Water Program.
The Phase 1 Strategy helps the National Water Program's partners  in several
ways. The strategy helps EPA research partners, such as ORD, align their
research with programmatic research needs. It also helps potential external
partners demonstrate the connection of their research to the interests of
EPA and provide the Agency with a larger pool of potential collaborators.
The strategy also provides the National Water Program with a foundation for
determining priorities and serves as a tool to manage the full portfolio of research needs. Phase 2 of the
strategy is anticipated to  be available in September 2009.



In August 2008, OST launched a new Web site (
fishadvisories/kids/) to help children and their parents choose the
healthiest fish to eat. The site was selected as the August site of the
month by, the official kids' portal for the U.S. government.
Whether they catch their own fish or buy it in a store, children
and their parents can use the Web site to learn how to select fish
that are low in contaminants. The Web site includes stories and
interactive games to teach children ages 8-12 how to recognize
common fish species and use fish advisories.

OST offers a variety of educational materials for students and teachers. Many are
online and all are available in hard copy from EPA. Of particular interest is "A Day in
the Life of a Drop," a series of worksheets developed in  partnership with EPA's Office
of Wastewater Management that are designed to help students understand where
water comes from, where it goes once it is used and how their water use affects
the environment. These worksheets include a teacher's  guide with background
information. OST also offers a tip sheet on  ideas for surface water science fair
projects for middle school students and crossword puzzles and other activities for
elementary school students that help them learn the importance of protecting water

On December 29,2008, the  Office of Water signed a Memorandum of Understanding
(MOU) with the American Dental Association (ADA) and the National Association
of Clean Water Agencies (NACWA) to establish and  monitor the effectiveness of a
Voluntary Dental Amalgam Discharge Reduction Program. Dental amalgam is used to
restore teeth  in dental practices. It is an alloy that contains mercury (approximately
50%) bound together with other metals. The purpose of this  MOU is to have dental
offices install and properly maintain amalgam separators and recycle the collected
amalgam waste. The program will also establish performance goals and track
the percentage of dental offices that install and use amalgam separators. This
collaborative effort among  EPA, ADA and NACWA will help build awareness  and
stress the importance of pollution prevention at the local, state, tribal and national
To read the MOU, visit

                                   On April 22,2008, OST hosted students from Howard University,
                                   Michigan State University, Wake Forest University and University of
                                   Mary Washington to debate the pros and cons of two contentious
                                   topics: (1) whether downstream states should have authority to
                                   control pollution sources from upstream states directly and (2)
                                   whether to fund the replacement of the nation's water infrastructure
                                   through a bottled water tax. Hundreds of EPA employees and guests
                                   gathered to watch and learn from the debates, each of which lasted
                                   90 minutes. The winners were decided by a panel of EPA subject
                                   matter experts. The event also featured a speech by Jeff Porro,
                                   author of the recent hit film The Great Debaters.

   In 2008 the Water Quality Standards Academy (WQSA) continued its tradition of more than 14 years,
   providing high-quality training on the components of WQS and related regulatory programs. OST held
   two courses in the Washington, DC area and one customized course in California during 2008. These
   three courses trained 200 federal and state water quality professionals. Additionally, in May OST
   announced its new multimedia Internet-based training program. The online course makes training more
   widely available, easily accessible and cost effective, allowing both the public and WQS professionals
   to remain engaged. In 2008,245 people completed the WQSA Online course.
                                   The WQSA supports standards development by offering online,
                                   classroom-based and intermediate courses. The online course
                                   serves as an introduction to WQS, providing preparation for
                                   the classroom courses. The classroom-style, five-day course is
                                   offered at least twice a year to students with  less than six months
                                   experience in the field. Students study the interpretation and
                                   application of WQS regulations, policies and program guidance and
                                   the development of water quality criteria. After completing the basic
                                   course, students can further their training by taking intermediate
                                   courses offered live via satellite broadcast. In the intermediate
                                   courses, students study related concepts in greater depth through
                                   lecture, discussion  and case studies.

   Through EPA's Consolidated and Central  Tribal Training  program, the Agency seeks to enhance tribes'
   abilities to manage water programs. Led by OST staff, this initiative centralizes all of  EPA's training
   courses that assist tribes with creating and implementing water quality programs consistent with the
   Clean Water Act. The program will result in improved tribal access to training  and help tribes create
   water quality programs that protect surface waters in tribal areas. The consolidation of EPA tribal
   training has two phases.  Phase 1 began  in 2008, resulting in a new  EPA Web site that organizes existing
   and planned training courses from across the hqency ( and  inclusion
   of tribal members in the group of instructors who teach the Water Quality Standards Academy.  In Phase
   2 (2009-2012), EPA's Office of Water and the  Regions will modify existing training courses and create new
   courses to meetunaddressed and  additional needs.

                                        til 2009
Although OST accomplished much in 2008, even more work remains for 2009.
To increase protection of water quality and aquatic ecosystems through
technology-based solutions, OST will finalize the effluent guidelines for the
construction and development industry, propose the second phase of cooling
water intake regulations under CWA section 316(b), revise effluent guidelines
to control the runoff associated with deicing aircraft and runways, publish
a report on drinking water treatment technologies, and publish the 2010
Preliminary Effluent Guidelines Program Plan under CWA section 304(m).
In the upcoming year, OST will continue to collaborate with states to
accelerate their adoption of numeric nutrient criteria, publish numeric
nutrient criteria for Florida, support tribes by continuing to build the
Consolidated and Central Tribal Training program, enhance the revised
BEACH Act Grant allocation formula by compiling data on beach mileage to
ensure that distributed funds are used effectively, and improve the Agency's
WQS management targets by decreasing the time necessary to complete
actions on state standards submittals. In addition, OST will explore ways to
help states make incremental progress toward restoration goals for impaired
waters and work to develop tools that will help states address the impacts of climate
change on water quality.
OST will also continue to  provide leadership to the National Water Program in science
application. Through research and collaboration, we will progress in developing
recreational criteria, evaluating contaminants of emerging concern, assessing
pollutants in biosolids, and refining ambient water quality criteria; and will continue to
support EPA's Drinking Water Program, particularly in its final release of the CCL3.
OST invites you to track our progress throughout 2009 at