[Federal Register Volume 66, Number 6 (Tuesday, January 9, 2001)]
[Notices]
[Pages 1671-1674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-569]
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ENVIRONMENTAL PROTECTION AGENCY
[OW-FRL-6931-1]
Nutrient Criteria Development; Notice of Ecoregional Nutrient
Criteria
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Ecoregional Nutrient Criteria for Lakes and
Reservoirs, Rivers and Streams, and Wetlands.
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SUMMARY: The Environmental Protection Agency (EPA) is publishing
seventeen Ecoregional Nutrient Criteria Documents for lakes and
reservoirs, rivers and streams and wetlands within specific geographic
regions (ecoregions) of the United States. These recommended section
304(a) water quality criteria for nutrients were developed with the aim
of reducing and preventing eutrophication on a National scale. Each
document presents recommended criteria for causal parameters (total
phosphorus and total nitrogen) and response variables (chlorophyll a
and some form of turbidity). This information is intended to serve as a
starting point for States, authorized Tribes and others to develop more
refined nutrient criteria, as appropriate, using EPA waterbody-specific
technical guidance manuals and other scientifically defensible
approaches. EPA will work with States and authorized Tribes as they
adopt water quality criteria for nutrients into their water quality
standards. EPA expects States and authorized Tribes to adopt or revise
EPA ecoregional nutrient criteria published in 2000 into State or
Tribal water quality standards by 2004.
Under the Clean Water Act, States, Territories, and authorized
Tribes adopt into their water quality standards water quality criteria
to protect designated uses. The criteria recommendations presented in
these documents are guidance that States, territories, and authorized
Tribes may use as a starting point for developing their own criteria as
part of their water quality standards. EPA strongly encourages States,
Territories and authorized Tribes to refine these recommendations based
on the key elements of nutrient criteria development (historical
information, reference conditions, models, consideration of downstream
effects, and expert judgment) discussed in EPA's published Technical
Guidance Manuals (Lakes and Reservoirs: EPA-822-B00-001; Rivers and
Streams: EPA-822-B-00-002). While the seventeen documents available
today contain EPA's scientific recommendations regarding ecoregional
nutrient criteria, the information and recommendations are not
regulations, and do not impose legally binding requirements on EPA,
States, Territories, authorized Tribes, or the public. As
recommendations, they might not apply to a particular situation based
upon the circumstances. States, Territories, and authorized Tribes
retain the discretion to adopt water quality criteria based on other
scientifically defensible approaches to developing regional or local
nutrient criteria that differ from these recommendations. EPA may
revise these section 304(a) water quality criteria in the future.
EPA is making these recommended section 304(a) nutrient water
quality criteria available to the public in accordance with the
Agency's process for publishing new and revised criteria (see Federal
Register, December 10, 1998, 63 FR 68354 and in the EPA document
titled, National Recommended Water Quality--Correction EPA 822-Z-99-
001, April 1999). EPA invites the public to provide scientific views on
these criteria. EPA will review and consider information submitted by
the public on significant scientific issues and site-specific data that
might not have otherwise been identified by the Agency during
development of these criteria. After EPA reviews the submitted
significant scientific information, the Agency may publish revised
nutrient water quality criteria, or publish a notice informing the
public that the submitted information does not warrant revision of the
criteria.
EPA encourages the public to provide additional data that could
help States and or authorized Tribes to refine these recommended
nutrient water quality criteria. EPA has identified specific sections
within each document where public input would greatly assist States and
authorized Tribes in the task of augmenting the database for deriving
ecoregional nutrient water quality criteria. For example, the public
can provide information concerning the historical conditions and trends
of the water resources within an ecoregion related to cultural
eutrophication. EPA will forward all comments received on a particular
ecoregional criterion or set of criteria to the appropriate State or
Tribe to help foster water quality criteria refinement.
EPA's Office of Water, Office of Science and Technology has
prepared this document for publication. Mention of trade names or
commercial products does not constitute endorsement or recommendation
for use.
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DATES: EPA will accept significant scientific information submitted to
the Agency within 90 days of publication of this notice in the Federal
Register. Any scientific information submitted should be adequately
documented and contain enough supporting information to indicate that
acceptable and scientifically defensible procedures were used and that
the results are reliable.
ADDRESSES: This notice contains a summary of the Ecoregional Nutrient
Criteria Documents. Copies of the all or any document may be obtained
from the U.S. National Service Center for Environmental Publications
(NSCEP), 11029 Kenwood Road, Cincinnati, OH 45242; (513) 489-8190 or
toll free (800) 490-9198. The documents are also available
electronically at http://www.epa.gov/ost/standards/nutrient.html. The
waterbody-specific technical guidance manuals, which present the
nutrient criteria derivation methodology used by EPA to develop the
nutrient water quality criteria, are also available from EPA's nutrient
website. An original and two copies of written significant scientific
information should sent to Robert Cantilli (MC-4304), U.S. EPA, Ariel
Rios Building, 1200 Pennsylvania Ave., NW , Washington, DC 20460.
Written significant scientific information may be submitted
electronically in ASCII or Word Perfect 5.1, 5.2, 6.1, or 8.0 formats
to [email protected].
FOR FURTHER INFORMATION CONTACT: Robert Cantilli, U.S. EPA, Health and
Ecological Criteria Division (4304), Office of Science and Technology,
Ariel Rios Building, 1200 Pennsylvania Ave., NW, Washington, DC 20460;
or call (202) 260-5546; or e-mail [email protected].
SUPPLEMENTARY INFORMATION:
What Are Section 304(a) Nutrient Criteria?
Section 304(a)(2) of the Clean Water Act directs EPA to develop and
publish information on the factors necessary ``to restore and maintain
the chemical, physical and biological integrity of the Nation's waters,
including the protection and propagation of shellfish, fish and
wildlife, the protection of recreational activities in and on the
water, and the measurement and classification of water quality.''
Section 304(a)(1) of the Clean Water Act directs EPA to publish,
and from time to time revise, recommended criteria for water quality
accurately reflecting the latest scientific knowledge, ``including
information on the factors affecting rates of eutrophication.'' The
intent of EPA's recommended ecoregional nutrient criteria is to
represent water quality conditions of surface water that are minimally
affected by human development activities and to provide for the
protection and propagation of aquatic life and recreation.
Water quality criteria developed under section 304(a) are based
solely on data and scientific judgments and do not reflect
consideration of economic impacts or the technological feasibility of
meeting any specific level of water quality in ambient water. They
provide guidance for States and authorized Tribes in adopting water
quality standards that ultimately provide a basis for controlling
discharges or releases of pollutants. They also provide guidance to EPA
when promulgating water quality standards under section 303(c), when
such action is necessary.
EPA published a National Strategy for the Development of Regional
Nutrient Criteria in June 1998 that described the approach the Agency
would follow in developing nutrient criteria and working with States
and authorized Tribes as they adopt nutrient criteria into State and
Tribal water quality standards (see Federal Register, June 25, 1998, 63
FR 34648; this document is also available from the nutrient website:
http://www.epa.gov/ost/standards/nutrient.html.). The major focus of
the strategy is the development of waterbody-type technical guidance
manuals and recommended ecoregion-specific nutrient criteria by the end
of 2000. In addition, EPA has established a national nutrient database
that States and authorized Tribes can use to compile as well as
evaluate nutrient data and perform alternative analyses. This database
contains the information upon which today's recommendations were
calculated.
EPA's Section 304(a) nutrient criteria recommendations are intended
to protect against the adverse effects of cultural eutrophication.
Cultural eutrophication (i.e., overenrichment of nutrient levels
associated with human activities) of United States surface waters is a
long-standing problem. States and Tribes consistently identify
excessive levels of nutrients are a major reason why as much as half of
the surface waters surveyed in this country do not meet water quality
objectives, such as full support of aquatic life.
Nitrogen and phosphorus are the primary causes of eutrophication;
algal blooms are often a response to enrichment. Within various
waterbody types (e.g., lakes, rivers, estuaries), chronic symptoms of
overenrichment include low dissolved oxygen, fish kills, reduced water
clarity, and changes from the natural types and diversity of species of
flora and fauna. The problem is national in scope, but specific levels
of overenrichment leading to these problems vary from one region of the
country to another because of factors such as geographical variations
in geology and soil types. For these reasons, EPA is developing its
recommended nutrient water quality criteria on an ecoregional basis for
use by States and authorized Tribes.
Because EPA's nutrient water quality criteria are intended to
represent water quality conditions that are reflective of those
minimally impacted by human activities, they are presumed to protect
any threatened or endangered species that reside in or make use of
those waters. However, there remains a small possibility that the
nutrient criteria will not protect all listed endangered or threatened
species. Consequently, EPA recommends that States and authorized Tribes
develop more protective, site-specific modifications of the criteria as
necessary to protect threatened and endangered species, where
sufficient data exist indicating that endangered or threatened species
are more sensitive to a particular level of a nutrient parameter or
overenrichment condition than that reflected by EPA's nutrient water
quality criteria.
What Guidance Will EPA Develop and Publish for Nutrients Under
Section 304(a)?
To assist EPA Regions, States, and authorized Tribes to establish
protective and scientifically defensible nutrient criteria, EPA will
publish specific technical guidance manuals for various waterbody
types. In 2000, EPA published guidance manuals for lakes and reservoirs
and for rivers and streams. These documents are available from EPA's
nutrient website: http://www.epa.gov/ost/standards/nutrient.html. EPA
is currently developing guidance manuals for estuarine and coastal
waters and for wetlands.
In addition to developing this waterbody-type specific guidance,
EPA is working to publish specific nutrient water quality criteria
recommendations under section 304(a) for every type of waterbody, i.e.,
lakes and reservoirs, rivers and streams, wetlands and estuaries and
coastal waters (where applicable) for all of the 14 nutrient ecoregions
that EPA has identified in the continental United States. Today's
notice announces the availability of Ecoregional Nutrient Criteria
Documents for lakes and reservoirs in a set of eight ecoregions, for
rivers and
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streams in a set of eight ecoregions (several of which overlap with the
set of eight ecoregions for lakes and reservoirs), and for wetlands in
one ecoregion. These ecoregions were chosen based on the availability
of nutrient data within each ecoregion. Following development of
technical guidance manuals for estuarine and coastal waters and
wetlands (in general), EPA intends to publish water quality criteria
for these waters on an appropriate regional basis.
EPA expects States and authorized Tribes to use the technical
guidance manuals, together with today's recommended water quality
criteria and the national nutrient database, to develop State and
Tribal quantified water quality criteria for nutrients, to help
identify water quality impairments, and to evaluate success in
increasing the number of waterbodies across the U.S. which meet State
and Tribal water quality standards.
How Should States and Authorized Tribes Establish Nutrient Criteria
in Their Water Quality Standards?
EPA will work with States and authorized Tribes as they adopt water
quality criteria for nutrients into their water quality standards. EPA
recognizes that States and authorized Tribes have several options
available to them. EPA recommends the following approaches, in order of
preference:
(1) Wherever possible, develop nutrient criteria that fully
reflect localized conditions and protect specific designated uses
using the process described in EPA's Technical Guidance Manuals for
nutrient criteria development. Such criteria may be expressed either
as numeric criteria or as procedures to translate a State or Tribal
narrative criterion into a quantified endpoint in State or Tribal
water quality standards.
(2) Adopt EPA's section 304(a) water quality criteria for
nutrients, either as numeric criteria or as procedures to translate
a State or Tribal narrative nutrient criterion into a quantified
endpoint.
(3) Develop nutrient criteria protective of designated uses
using other scientifically defensible methods and appropriate water
quality data.
The key parameters addressed in the Ecoregional Nutrient Criteria
Documents are total phosphorus, total nitrogen, chlorophyll a, and
turbidity (e.g., Secchi depth for lakes; turbidity for rivers and
streams). These are the parameters which EPA considers important in
nutrient assessment because the first two (nitrogen and phosphorus) are
the main causal agents of enrichment, while the two response variables
(chlorophyll a and turbidity) are early indicators of system
overenrichment for most surface waters. States and authorized Tribes
are encouraged to develop additional criteria for additional parameters
such as dissolved oxygen, algal biomass, and biological integrity
indices. EPA believes that quantitative endpoints are needed for both
causal and biological and physical response variables.
Based on the information available to the Agency at the time of
publication, the values presented in these documents generally
represent nutrient levels that protect against the adverse effects of
nutrient overenrichment in aquatic environments. However, these
recommended water quality criteria should be viewed as starting points
that should be further refined. As set forth in each document, the
elements that EPA expects States and authorized Tribes to consider in
developing a nutrient criterion are:
(1) Historical data and other information (published literature);
(2) Current reference conditions;
(3) Models to simulate physical and ecological processes or
determine empirical relationships among causal (nutrients) and response
(biological or physical conditions) variables; and
(4) Evaluation of downstream effects.
EPA also expects States and authorized Tribes to make use of expert
judgment when examining the information and establishing criteria.
What Are Regional Technical Assistance Groups?
To assist States and authorized Tribes in developing and refining
their own nutrient criteria, and to provide multi-jurisdictional
coordination and consistency in the criteria development process, EPA
established Regional Technical Assistance Groups (RTAGs). RTAGs are a
collection of EPA, State, Tribal representatives who are working
together to employ the processes and approaches recommended in EPA's
waterbody-specific technical guidance manuals (e.g., those EPA has
already published for lakes and reservoirs, and rivers and streams) for
the purpose of developing more refined nutrient criteria than those
made available today. Criteria refinement can occur by grouping data or
performing data analyses at smaller geographic scales than an
ecoregion, such as a subecoregion, the State or Tribe level, or
specific class of lakes or streams. Refinement can also occur through
further consideration of other elements of criteria development, such
as published literature or models.
EPA has used data and expertise provided by the RTAGs to date in
the development of today's Ecoregional Nutrient Criteria Documents. EPA
strongly encourages States and authorized Tribes to fully participate
in their respective RTAG, and use this opportunity to pool expertise
and resources at the State, Tribal, and federal level. In addition to
the criteria development role, the RTAGs also function to facilitate
dialogue among stakeholders through public meetings and technical
meetings.
How and When Does EPA Expect States and Authorized Tribes to Adopt
Nutrient Criteria Into Their Water Quality Standards?
EPA emphasizes that, in the course of carrying out its
responsibilities under section 303(c) of the Clean Water Act, it
reviews State and authorized Tribal water quality standards to assess
the need for new or revised water quality criteria. The Agency views
the criteria adoption process as a two phased approach. The first phase
includes the development of a plan which outlines the process for
adopting criteria. This plan should address items such as the criteria
development process, staffing of personnel who will undertake specific
tasks, and setting the internal schedule to complete the adoption
process within the State and Tribal triennial review or another
process. The second phase of the adoption process is implementing the
criteria adoption plan. This may involve collecting existing data,
sampling to obtain new data, developing a supporting data base,
analyzing data to determine reference conditions and predictive
relationships among variables, establishing nutrient water quality
criteria, and facilitating appropriate public participation in the
process.
The Agency presents the following schedule for the adoption of
nutrient criteria into water quality standards, which includes a
recommended period of time for the formation of a plan for developing
and adopting nutrient criteria, as well as a specific period of time
during which we expect States and Tribes to adopt the nutrient criteria
into their water quality standards:
(1) By the end of 2001, each State and authorized Tribe should
complete a plan for developing and adopting nutrient criteria into
State or Tribal water quality standards. The plan should describe how
and when nutrient criteria will be adopted, either as part of a
triennial review, or another process.
(2) By the end of 2004, States and authorized Tribes should adopt
nutrient criteria (either numeric criteria or as procedures to
translate a narrative nutrient criteria into a quantified endpoint) for
the waterbody type and ecoregions associated with the section
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304(a) water quality criteria that EPA publishes by the end of 2001.
EPA intends to notify States and authorized Tribes by March 2001 which
waterbody type and ecoregions EPA expects to address in section 304(a)
criteria published by the end of 2001.
EPA recognizes that the ecoregions addressed in the section 304(a)
water quality criteria for nutrients published by the end of 2001 may
not represent complete coverage across all State and Tribal waters, may
not overlap with important watershed boundaries, and may not reflect
high priority waters. In developing their own criteria for specific
waters, States and authorized Tribes have the flexibility to first
address geographic areas and waterbody types other than those specified
in the section 304(a) criteria published by the end of 2001,
particularly if a State or authorized Tribe has efforts underway to
develop criteria for those areas. However, EPA would continue to expect
States and authorized Tribes to adopt nutrient criteria by 2004 for all
waterbody types and ecoregions addressed in the section 304(a) criteria
published by the end of 2001. The plan for developing and adopting
nutrient criteria, completed by the end of 2001, should address these
considerations.
(3) EPA intends to propose to promulgate nutrient water quality
criteria, relying substantially on EPA's section 304(a) water quality
criteria, by the end of 2004, where States and authorized Tribes have
not substantially completed their adoption of such criteria according
to the plan completed by the end of 2001, if the Administrator
determines that such new or revised standards are necessary to meet the
requirements of the Clean Water Act.
(4) As EPA issues additional section 304(a) nutrient criteria
recommendations in 2002 and beyond, States and authorized Tribes should
continue to adopt nutrient criteria for the remaining waterbody types
and ecoregions. Such efforts should generally follow a schedule similar
to the sequence in (1) through (3) above, with the years adjusted to
reflect the date EPA issues each set of criteria.
Dated: December 29, 2000.
J. Charles Fox,
Assistant Administrator, Office of Water.
[FR Doc. 01-569 Filed 1-8-01; 8:45 am]
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