Northwest Environmental Advocates--Programs

Water Quality Standards to Protect Salmon, Wildlife, and Human Health.

Water quality standards are the measuring stick of whether water quality is protective of human health, fish, and wildlife. These standards are established by the states, and approved or disapproved by EPA. Standards are created for all types of pollution, conventional pollutants (e.g., temperature, bacteria, sediment), toxic pollutants and metals (e.g., dioxin, DDT, copper), and so-called non-conventional/non-toxic pollutants (e.g., ammonia). Standards are often confused with criteria. The criteria are the numbers - "x" amount of a pollutant is considered a safe amount -- whereas the standards are composed of the criteria along with other environmental protection requirements, described below.

Legal Requirements for Standards

In 1972, Congress passed the Clean Water Act (CWA) in order "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters" through the reduction and eventual elimination of the discharge of pollutants into those waters. 33 U.S.C. ' 1251(a) (1994 & Supp. 1997). The CWA provides for "water quality standards" that are, in general, promulgated by the states and establish the desired condition of the waterway. 33 U.S.C. ' 1313. The EPA provides states with substantial guidance in drafting water quality standards, and the states must submit the standards to EPA for review and approval. Water quality standards under the CWA generally consist of three elements: 1) one or more designated "uses" of that waterway; 2) water quality "criteria" specifying the amount of various pollutants that may be present in those waters and still protect the designated uses, expressed in numerical concentration limits or narrative form; and 3) an anti-degradation provision limiting the degradation of certain waters. 33 U.S.C. '' 1313(c)(2), 1313(d)(4)(B).

Triennial Review of Standards

States are required to review and revise their water quality standards at least every three years, and submit any new or revised water quality standards to EPA for review and approval. 33 U.S.C. '' 1313(c)(1). Such new or revised standards are to be established "taking into consideration their use and value for public water supplies, propagation of fish and wildlife, recreational purposes, and agricultural, industrial, and other purposes, and also taking into consideration their use and value for navigation." 33 U.S.C. ' 1313(c)(2)(A). EPA must notify the state within 60 days if it approves the new or revised standard as complying with the Act. 33 U.S.C. ' 1313(c)(3). If EPA disapproves the standard, it must then notify the state of required changes within 90 days. 33 U.S.C. ' 1313(c)(3). Should the state fail to remedy the defect(s) within an additional 90-day period, EPA is required to "promptly" establish a revised standard for the state. 33 U.S.C. ' 1313(c)(4)(A). EPA is also required to establish a new or revised standard wherever the Administrator determines that a revised or new standard is necessary to meet the requirements of the Act. 33 U.S.C. ' 1313(c)(4)(B).

Oregon Water Quality Standards

Oregon completed its 1992-94 Triennial Review of Water Quality Standards in 1996. EPA did not approve the submitted standards, as required by the Clean Water Act, until 1999, when NWEA threatened to sue the agency. In May, 2000, Northwest Environmental Advocates instituted a lawsuit against EPA and the National Marine Fisheries Service for failure to promulgate standards that protect threatened and endangered salmon.

The State did nothing more to revise its inadequate standards until 2000, when it began its 2000-2002 triennial review. This current review is conducted by Oregon Department of Environmental Quality staff (contact Debra Sturdevant) with the assistance of a Policy Advisory Committee and various Technical Advisory Committees. The priorities established for this current triennial review are: temperature, beneficial use designation, antidegradation implementation plan, outstanding resource waters designation, toxic pollutants (8 priority pollutants), biocriteria, nutrients, other toxic contaminants for which EPA has promulgated criteria, and pH. The DEQ has concluded that the following are not priorities: sediment and turbidity, bacteria for shellfish waters, dissolved v. recoverable metals, sediment toxicity, silver, dioxin, wetlands, lake and reservoir standards for DO and pH, nuisance phytoplankton, natural conditions, and habitat "indicators." Later in the process, the Oregon review is scheduled to incorporate the results of a Regional Temperature Review (Oregon, Washington, Idaho) being conducted by EPA Region X.

Washington Water Quality Standards

The status of Washington's triennial review of water quality standards is constantly changing. THIS SECTION WILL BE UPDATED SOON. Contact Mark Hicks.

Regional Review of Temperature Standards

As an outcome of EPA's review of Oregon's 1992-94 triennial review of water quality standards and subsequent consultation by the National Marine Fisheries Service pursuant to the Endangered Species Act, EPA agree to establish a federal/state/tribal process to consider "more ecologically relevant temperature criteria" to protect salmonids. The agencies intend this process to take two years, following which Oregon would be given an additional year in which to adopt revised temperature criteria. This effort is staffed by EPA Region X . Contact Dru Kennan.

133 SW 2^nd Ave., Portland, OR 97204-3526 (503) 295-0490 FAX 295-6634