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Recreational Water Quality Criteria
Update to 1986 Criteria
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EPA is conducting critical science and research in order to publish new or revised recreational water quality criteria by October 2012 in accordance with a Consent Decree and Settlement Agreement between EPA, the Natural Resources Defense Council (NRDC), the National Association of Clean Water Agencies (NACWA) and the Los Angeles County Flood Control District (LA County). In August 2008, EPA and the plaintiffs reached a settlement on a suit filed in Federal District Court for the Central District of California against EPA regarding the requirements to meet statutory deadlines in the Clean Water Act, as amended by the BEACH Act, to conduct studies on pathogens and pathogen indicators in coastal recreational waters and publish water quality criteria recommendations based on those studies.
The new or revised criteria recommendations would replace the criteria recommendations issued in 1986 (PDF) (24 pp., 155 K) and could be used by States, Tribes and Territories in their adoption of new water quality standards (WQS) to protect people from illness associated with fecal contamination in water.
The Settlement Agreement (PDF) (15 pp., 618 K) and Consent Decree (PDF) (18 pp., 43 K) describe several actions EPA will take before publishing the new or revised criteria.
Prior to the conclusion of the lawsuit, EPA prepared a Critical Path Science Plan and a Criteria Development Plan. The Critical Path Science Plan describes the high priority research and science that EPA intends to conduct to establish the scientific foundation for the development of new or revised recreational water quality criteria. The companion document, the Criteria Development Plan, describes the process and timeline EPA intends to follow to develop and publish new or revised water quality criteria for pathogens and pathogen indicators. EPA made both documents available in August 2007.
EPA still intends to carry out the activities described in the Critical Path Science Plan and the Criteria Development Plan, but as a result of the settlement, EPA is hereby modifying those plans. For example, EPA legal obligations modify statements in the Critical Path Science Plan and Criteria Development Plan as follows:
- EPA will sign for publication in the Federal Register a notice of availability of new or revised water quality criteria for pathogen or pathogen indicators by October 15, 2012.
- The Criteria Development Plan date was December 2012.
- EPA will complete an epidemiological study in a tropical region no later than December 15, 2010.
- The Critical Path Science Plan did not identify this as a priority project.
- EPA will complete an epidemiological study in marine waters impacted by urban runoff in a temperate region no later than December 15, 2010.
- The Critical Path Science Plan included either an epidemiological study in fresh or marine waters impacted by urban runoff and/or a Quantitative Microbial Risk Assessment (QMRA).
In addition, many of the activities included in the Critical Path Science Plan were targeted for completion between 2007 and 2011. As a result of the settlement, the operative deadline for those activities that are in the Critical Path Science Plan and also in the Settlement Agreement or Consent Decree is December 15, 2010.
All of the activities in the Settlement Agreement, Consent Decree, Critical Path Science Plan, and the Criteria Development Plan will allow EPA to build a strong scientific foundation for up-to-date recreational water quality criteria.