Use Attainability Analyses & Criteria Development Cara Cowan Watts Graduate Student Biosystems Engineering

Source of Class Materials Presentations and Handouts adapted from The U.S. EPA’s Water Quality Standards Academy November 27-December 1, 2006 Washington, DC

Use Attainability Analyses (UAAs) “Getting uses right” requires an effective process for conducting credible, defensible UAAs There is nothing wrong with changing designated uses after completing a credible UAA Change may bring more or less protective criteria The UAA process should integrate with TMDL development Improved public communication leads to acceptance

WQS Process Determine Protection Level (EPA Criteria/State WQS) Measure Progress Conduct WQ Assessment (Identify Impaired Waters) Monitor and Enforce Compliance (Self Monitoring, Agency Monitoring) Set Priorities (Rank/Target Waterbodies) Establish Source Controls (Point Source, NPS) Evaluate Appropriateness of WQS for Specific Waters (Reaffirm WQS) Define and Allocate Control Responsibilities (TMDL/WLA/LA)

When to do UAAs Designating uses that do not include CWA 101(a)(2) goals Revising designated uses to remove 101(a)(2) goal uses Adopting sub-categories of 101(a)(2) uses for specific water bodies which require less stringent criteria UAA is NOT necessary when establishing a sub-category structure

Designated Uses Review (40 CFR 131.10) Protection and Propagation of fish, shellfish and wildlife Recreation in and on the water Public water supply Agriculture Industry Navigation Ceremonial Uses Shellfish Grazing Areas Wildlife Protection Endangered Species Protection Drinking Water Source Protection Hydroelectric Power

Definition of UAA “A Structured Scientific Assessment of the Factors Affecting the Attainment of the Use, Which May Include the Physical, Chemical, Biological, and Economic Factors as Described in 40 CFR 131.10(g).” Determining the feasibility of attaining the use in the future

Functions of UAAs Meet the “fishable/swimmable where attainable” goals of CWA Identify existing uses Identify “highest attainable” use Identify cause(s) of impairment Establish a defensible rationale and record of decision when adopting a new or revised WQS for a waterbody

Determination of Attainable At a minimum, a use is attainable IF: It is an existing use, OR It can be attained with: technology-based controls (sec. 301 and 306 of CWA) and cost effective and reasonable best management practices for nonpoint source control No, IF Use not feasible due to any factor at 131.10(g)

Reasons for ‘Unattainable’ Naturally occurring pollutant concentrations Low flow conditions or water levels Human caused conditions or pollutant sources Dams or other hydrologic modifications Natural physical conditions for aquatic life Substantial and widespread economic and social impact

Potential Roadblocks for UAAs Site Specific Conditions Amount of Data Available Degree of Accuracy and Precision Desired Size of Resource Value of Resource to Community Degree of Change from current designation Degree of Change from 101 (a) goals

Aquatic Life UAA Biological Factors Physical Factors Biological Inventory Biological Gradient Physical Factors Temperature, Turbidity, pH, Color, etc. Substrate - Instream cover and conditions Channel Quality and sinuosity Riparian Erosion Relevant Chemical Factors Dissolved Oxygen Nutrients Metals http://www.ca.uky.edu/enri/clipart/waterpollution.jpg

Recreation UAA Water Quality How and when do people use the waterbody? Bacteria levels Secchi depths Nutrients and chlorophyll-a Narrative “free froms” (floatables, etc) How and when do people use the waterbody? Primary and/or Secondary Contact? Seasonally? Safety and Access Do signs or fences restrict or prohibit access? Are certain uses dangerous? http://www.tpwd.state.tx.us/publications/pwdpubs/pwd_pl_e0100_0867/images/pg_67_canoeing.jpg

Evaluating Future Usage Where do we go? How we get there? Feasible uses Required Treatment(s) Engineering analyses Non-point source management Likelihood of success Economic analyses http://pennsylvania.sierraclub.org/PAChapter/Committees/CleanWaterCampaign.htm

Process Steps Involve State, Federal and local constituencies Agree on problem statement and objectives Analyze existing data or establish data needs Identify statistical requirements Agree on an evaluation approach/select reference sites, if appropriate

Process Steps…cont’d Collect any new data and conduct analyses Evaluate and summarize results Identify uncertainties and evaluate adequacy of information Make recommendations – propose new or revised uses Provide opportunity for public comment Submit the revised standards and supporting analysis to EPA after State/Tribal adoption

Critical Details Any (revised) WQS shall provide for attainment and maintenance of WQS in downstream waters If seasonal criteria are adopted, such criteria shall not preclude the attainment and maintenance of a more protective use in another season

Criteria Development Concentration, Level or Statement in WQSs Intended to Protect and Support a Designated Use Two meanings Scientifically defensible guidance developed and published by EPA per CWA Section 304(a) Basis for Federal promulgation when necessary Adopted part of State/Tribal WQS Section 303(c) http://www.waterencyclopedia.com/images/wsci_01_img0096.jpg

Criteria Requirements States/Tribes must adopt criteria which protect the Designated Use Based on sound scientific rationale Sufficient parameters or constituents to protect Designated Use Support the most sensitive use

Water Quality Parameter Criteria vs Risk Designated Use Threatened Human Health and/or Aquatic Life May be at Risk Water Quality Parameter CRITERION LEVEL Designated Use Protected No Significant Risk Posed

Numeric and Narrative Numeric Example Narrative Example For the protection of aquatic life, the 4-day average concentration of dissolved selenium shall not exceed 4.6 ug/L more than once every 3 years, on the average. Narrative Example State waters shall be free from floating debris, oil, scum, and other floating materials attributable to sewage, industrial wastes or other wastes in amounts sufficient to be unsightly or interfere directly or indirectly with any classified use.

Types of Criteria Human Health Criteria Bacteriological Criteria Aquatic Life Criteria Sediment Quality Assessments Biological Criteria Nutrient Criteria http://www.greenstar.org/water.jpg

Equations Deriving AWQC Noncancer Effects: Cancer Effects: Nonlinear Linear

Questions?