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<br />in state regulations that permit removal of an existing use. <br />o WQCD and WQCC staffwill briefWQCC on October 14 on Commission response to <br />ANPRM, including recommendation regarding Uses Chapter. <br />o ANPRM doesn't address uses on ephemeralfmtermittent streams or constructed <br />conveyances. Nor does it address ''wet weather" flow issues. <br />o Ambient-based standards, especially for naturally occurring minerals (e.g., manganese) are <br />important to some. <br />o Question raised about "trading" of uses to achieve net positive environmental benefit. <br />o Point was made that specificity implies rigidly, a trade-off issue. <br />o Noted that the push toward bio-criteria might obviate need for refined designated uses. <br /> <br />ANPRM CRITERIA CHAPTER: SUMMARY <br /> <br />o Under C. W.A, water quality criteria must be science based, not cost based. <br />o Includes aquatic life and human health criteria. <br />o New criteria are biological, nutrient, habitat, hydrological balance, and sediments. <br />o Toxics criteria are included in previous regulations. <br />o Non-priority pollutants are addressed in ANPRM:. Require criteria when they would <br />affect a designated use. <br />o Sediments quality criteria, per ANPRM, should be linked with bio-criteria and criteria on <br />toxics. <br />o ANPRM supports/recognizes importance of biological criteria. Question is, should they <br />be required? <br />o ANPRM addresses physical criteria, aimed at restoring physical integrity of nation's water <br />bodies, (See Bioscience, 1997, for relevant article, "The Natural Flow Regime"; is <br />available on request from Ken Torp.) <br />o Human health criteria updates work done in 1980's. Issue is risk level for carcinogens, <br />particularly for vulnerable sub-populations. Another issue is use of bio-accumulation vs. <br />bio-concentration. <br />o Addresses microbial criteria, e.g. E-coli. <br />o Will require numeric nutrient criteria. <br />o Contains anomia criteria. Issues that will be "flagged" for WQCC discussion: <br />- Bio-assessmenticriteria <br />- ANPRM doesn't address unique arid area issues <br />- Hydrologic balance and its relation to western water rights. <br />o Independent applicability for purposes of enforcement is an issue. <br />o Comment made that precision of criteria (m. enforcement) should be consistent with <br />precision implied by method of measurement. <br />o Noted that any new criteria means greater workload, at time when states already grappling <br />with TMDL workload. (Note: F.AC.A says that water quality standards should not <br />delay a TMDL.) <br />o Suggestion was made that EPA extract from ANPRM an educational document describing <br />the water quality system. <br /> <br />wqfl07.gm <br /> <br />3 <br />