Water Quality Standards: Wet Weather Issues and Recreational Use Protection

1. Water Quality Standards:Wet Weather Issues andRecreational Use Protection Ephraim King Director, Office of Science and Technology Office of Water U.S. Environmental Protection Agency Fifth Annual CSO Workshop of the National Association of Clean Water Agencies. Chicago, Illinois, April 27, 2007

2. Wet Weather Issues EPA is actively working with partners to identify approaches for coordinating WQS and LTCPs for CSO impacted waters. Indiana CSO Regulation ORSANCO Wet Weather Standards Common questions for CSO impacted waters: How does one determine the existing use for recreation? What is the appropriate designated use? Can compliance schedules give me time to implement my LTCP and come into compliance with my WQBEL? Designated Use Q�s and A�s to address existing use and UAA questions.

3. LTCPs and WQS: One Approach Under Development Indiana Recreational Use Subcategory CSO wet weather limited use subcategory would apply up to 4 days after overflow event Communities with a state approved LTCP are eligible Must undergo public process to adopt use change EPA reviews use changes for approval based on UAA Communities will largely conduct UAA and LTCP analysis for state review. IDEM recognizes the value in coordinating UAAs and LTCPs. Authorizes IDEM to grant compliance schedules, where appropriate, to allow time to implement the LTCPs.

4. WQS Issues:Existing Uses Existing use for these waters may be �CSO impacted recreation use� to reflect that primary contact recreation may occur but could periodically be impacted by CSOs. If CSO existed prior to 1975, unlikely that water quality supported primary contact recreation all the time. Therefore, in a number of situations, the existing use provisions will allow a state to consider changes to their designated uses to reflect this reality.

5. WQS Issues:Designated Uses CSO communities and states may coordinate LTCPs and UAAs to determine the highest attainable use. Analyses performed to develop LTCP may support UAA to identify the highest attainable use based on the reduction of overflow events. UAA must use one of 6 factors at � 131.10(g). Factors likely to be used: Human caused condition�that cannot be remedied� (e.g. eliminating all impervious surfaces in a major city) Hydrologic modifications� �.Substantial and widespread social and economic impact EPA must approve the use change before a LTCP based on the new use can be incorporated into an NPDES permit.

6. WQS Issues:Compliance Schedules States may adopt provisions into WQS or implementing regulations authorizing the permitting authority to grant compliance schedules for implementation of LTCP. However, authorizing provisions in WQS or implementing regulations are not a guarantee of a compliance schedule or guarantee a certain length of time. Whether a compliance schedule is appropriate depends upon an evaluation of the case specific circumstances, consistent with the CWA, State regulations and CSO Policy.

7. Recreational Criteria Issues Implementation of 1986 Criteria Beach Act Suit Strong Public Interest in Beach Monitoring and Notification and Public Health Protection Research and Development of New Criteria March 2007 Experts Workshop Ongoing work in EPA�s Office of Research and Development and Office of Water There are many ongoing activities related to the Beach Act of 2000 and developing and implementing recreational criteria that are protective of public health.There are many ongoing activities related to the Beach Act of 2000 and developing and implementing recreational criteria that are protective of public health.

8. Strong Public Interest in Recreational Criteria NRDC filed suit against EPA in August 2006 for: Failing to initiate and complete comprehensive research studies evaluating the full range of human pathogens in coastal recreational waters as required by the BEACH Act Failing to propose or finalize new or revised water quality criteria for pathogens and pathogen indicators by October 10, 2005 The court has granted Los Angeles County and the National Association of Clean Water Agencies (NACWA) the right to intervene as plaintiffs. Beach contamination regularly makes headlines in the Washington Post, Los Angeles Times, and other widely read news sources because of strong public interest and involvement �Tainted river runoff leads to closure of city beaches.� San Diego Union Tribune, 24 March 2007 �Oregon to track beach bacteria.� Seattle Times, 5 March 2007

9. Background on Need for New Recreational Criteria EPA�s current recommended criteria for pathogens in recreational waters were published in 1986. The BEACH Act of 2000 mandates that EPA develop new criteria by October 2005. There have been many scientific advances over the past twenty years that can be used to develop new or revised criteria that are more protective of public health.

10. New Challenges and Opportunities 38 new pathogens have moved to humans from other animal species in the past 25 years. New genetic variants of �old� pathogens are emerging. There seems to be a faster rate of disease appearance and transmission today because of increased mobility, population growth, as well as other societal and environmental changes. DNA and other molecular biology-based methods can allow for more timely identification and quantification of microorganisms than prior methods.

11. Overview March 2007 Experts Workshop on Recreational Criteria EPA decided that the best approach to complete development of that scientific foundation would be to obtain individual input from members of the broad scientific and technical community on the critical path research and science needs for establishing scientifically defensible criteria by 2012. Forty-two outstanding national and international technical, scientific, and implementation experts from academia, Federal, State, and local government, and interest groups attended the workshop.

12. Experts Workshop Outcomes: Common Themes and Near-Term Research Areas Better Understanding of: Non-GI and Non-Upper Respiratory Illnesses Risks to Children Impact of Nonhuman Sources on Human Health Pathogens and Pathogen Indicators Methods Simple Statistical Models for Beach Notification Purposes Determination of Acceptable Risk Level Identification of: Effective Risk Assessment Methodologies that Are Cheaper than Epidemiological Studies Indicators that are Better Suited for Use in Tropical Waters

13. Summary Wet weather issues and coordinating LTCPs with WQS has been a focus in OW. EPA has been coordinating substantially within the agency on these issues. EPA will continue to work to find common ground and resolve wet weather issues as they arise. For the next 5 years, EPA will also focus on the development of new recreational criteria. EPA recognizes the need for stakeholder input as it moves through this criteria process. Engaged stakeholders will be critical for the criteria to be readily implementable within each state.