John A. DeLashmit, P.E.

USEPA Region 7

REGFORM Water Conference

September 5, 2013

The List Recreational Criteria Recommendations

Ammonia Criteria Recommendations

Proposed WQS Regulation Clarifications

Recreational Criteria Recommendations Published in the Federal Register on November 29,

2012 (per Consent Decree and Settlement Agreement)

Two sets of recommended criteria; EPA will accept either from states and tribes

Criteria expressed as a geometric mean (GM) and a “statistical threshold value” (STV)

Freshwater may use E. coli or enterococci as indicator

Criteria are for primary contact recreation, known in MO as Whole Body Contact Recreation

Recreational Criteria Recommendations (cont.) Averaging interval should not be greater than 30 days

Water body GM should not exceed GM criterion during any 30-day interval

Should not be greater than 10% excursion frequency of STV during a 30-day interval

Single-sample maximum (SSM) concentrations will no longer be used

States are expected to address these recommendations in their next triennial review

Recreational Criteria Recommendations (cont.)

http://water.epa.gov/scitech/swguidance/standards/criteria/health/recreation/index.cfm

Ammonia Criteria Recommendations

Published in the Federal Register on August 22, 2013 Supersedes recommended criteria from 1976, 1985, and 1999 Revision necessary because EPA became aware of new toxicity

studies showing the relative sensitivity of freshwater mussels to ammonia

Since publication of draft criteria in 2009, additional studies have validated sensitivity of unionid mussels and gill-breathing snails to ammonia

New criteria are more stringent than 1999 recommendations Duration components remain the same – a one-hour average for

the acute criterion and a 30-day average for the chronic criterion States are expected to address these recommendations in their

next triennial review

Criterion Duration

1999 Criteria

2009 Draft Updated Criteria

2013 Final Updated Criteria

Acute (1-hour average)

24 19 17

Chronic (30-day rolling average)

4.5* 0.91* 1.9*

*Not to exceed 2.5 times the criterion continuous concentration as a 4-day average within a 30-day period.

Criteria frequency not to be exceeded more than once in three years on average. Criteria magnitudes are expressed as total ammonia nitrogen (mg TAN/L) at pH 7 and 20°C.

http://water.epa.gov/scitech/swguidance/standards/criteria/aqlife/ammonia/index.cfm

Proposed WQS Regulation Changes

Core of current rules in place since 1983

Proposed rules were published in the Federal Register yesterday

EPA is considering changes to the following: Administrator’s determinations that new or revised WQS are

necessary

Designated uses

Triennial reviews

Antidegradation

Variances to water quality standards

Compliance schedule authorizing provisions

Proposed WQS Regulation Changes (cont.) The Administrator’s determination update clarifies

what constitutes an Administrator’s determination under 303(c)(4)(B) of the Clean Water Act

The designated uses update clarifies the EPA’s minimum expectations for designated uses

The triennial reviews update strengthens the triennial review requirements

Proposed WQS Regulation Changes (cont.) Antidegradation update clarifies that implementation

methods are to be adopted in rule and specifies the minimum requirements.

Variances update establishes regulatory expectations for variances to support consistent, appropriate, transparent and enforceable implementation

Compliance schedule authorizing provisions update specifies that compliance schedule authorizing provisions must be adopted as part of a state or tribe’s water quality standards, and therefore must be submitted to EPA for review and action

http://yosemite.epa.gov/opei/rulegate.nsf/byRIN/2040-AF16

http://water.epa.gov/lawsregs/lawsguidance/wqs_index.cfm

That’s all, folks!

John A. DeLashmit, P.E.

USEPA Region 7

11201 Renner Blvd.

Lenexa, KS 66219

(913)551-7821

delashmit.john@epa.gov