C ontroversies have arisen in several states over establishment of ambient water quality standards. At issue is whether states are setting standards at levels that adequately protect public health from pollutants in waterways. Some groups argue that states are adopting overly stringent standards that are unattainable and unaffordable and are being pressured to do so by the U.S. Environmental Protection Agency (EPA). Others contend that the states are failing to protect population groups that consume large amounts of fish, such as members of Indian tribes that have treaty fishing rights. The issue involves complex scientific and technical questions about cancer risk levels and fish consumption rates, among others. States where these controversies have occurred recently include Maine and several in the Pacific Northwest (Washington, Oregon, and Idaho). Established by states and approved by EPA, they define a state's water quality goals, and they result in direct requirements for dischargers because states issue enforceable discharge permits based on criteria limits in the standards. In support of standard setting by states, EPA develops risk-based water quality criteria that set a concentration for contaminants in water to ensure that public health and aquatic life will not be harmed. Most states use the EPA national criteria as the starting point for developing criteria as part of their water quality standards. They are set so that fish in a waterbody have levels of targeted pollutants low enough such that when they are consumed by people, or are consumed by people who also are drinking water from the same waterbody, they do not pose unacceptable health risks to individuals. Fish consumption rates are among the important exposure factors in determining risk level in a criterion, because the more fish that people consume that contain toxic pollutants, the more individuals are at risk for developing cancer and other illnesses. Also important is the assumed cancer risk level in a criterion. Clean Water Act Requirements and State Responses

The CWA requires states and authorized tribes to review their water quality standards and revise them, if appropriate, at least once every three years. Increasingly, during the triennial review process, EPA has been encouraging states with populations known to consume large amounts of fish to develop criteria to protect highly exposed population groups and, in doing so, to use local or regional data on FCRs that are more representative of their target population group, in place of a default national value. In addition, the agency encourages states to adopt a cancer risk level of 10 -6 both for the general population and highly exposed groups. Recent controversies between EPA and several states have involved disputes over both the appropriate FCR and cancer risk level used by states in developing their water quality criteria, and the stringency of the resulting ambient water quality standards. Stringent water quality standards, in turn, can result in states issuing permits containing highly restrictive discharge limits that create compliance issues for industrial and municipal facilities. The challenge raised by these controversies is to develop achievable water quality criteria that are protective for the general population and for high-consuming subpopulations, whose risk will be greater, but still acceptable. At the same time, EPA argues that it has a duty under the CWA to ensure that water quality standards adequately protect designated uses of waters and are consistent with the law. Criticism of EPA's actions regarding state water quality standards has increased recently. Critics include affected states and organizations representing major dischargers that are directly affected by adoption of stringent water quality criteria. Other stakeholders, including environmental advocates and tribal organizations, have a different view. Rather than considering human health water quality criteria as overly conservative or overprotective (i.e., by overestimating risk), these groups are more likely to argue that water quality criteria and standards are underprotective (i.e., by underestimating risk), especially in terms of protecting the health of highly exposed populations. States' interests reflect a range of concerns—desiring to ensure that public health of all populations is protected while providing flexibility for business and also preserving the appropriate role for states under the CWA. Congress has so far not directly addressed the recent controversies discussed in this report, but many in Congress have for some time been generally critical about perceived EPA overreach in a number of regulatory and policy areas.
Controversies have arisen in several states over establishment of ambient water quality standards. At issue is whether states are setting standards at levels that adequately protect public health from pollutants in waterways. Some groups argue that states are adopting overly stringent standards that are unattainable and unaffordable and are being pressured to do so by the U.S. Environmental Protection Agency (EPA). Others contend that the states are failing to protect population groups that consume large amounts of fish, such as members of Indian tribes that have treaty fishing rights. The issue involves complex scientific and technical questions about cancer risk levels and fish consumption rates, among others. States where these controversies have occurred recently include Maine and several in the Pacific Northwest (Washington, Oregon, and Idaho).
Water quality standards are the fundamental building blocks of the Clean Water Act (CWA). Established by states and approved by EPA, they define a state's water quality goals, and they result in direct requirements for dischargers when states issue enforceable permits. In support of standard setting by states, EPA develops recommended risk-based water quality criteria that set a concentration for contaminants in water to ensure that public health and aquatic life will not be harmed. Most states use the EPA national criteria as the starting point for developing criteria as part of their water quality standards. Human health criteria are set so that fish in a waterbody have levels of targeted pollutants low enough such that when they are consumed by people, or are consumed by people who also are drinking water, they do not pose unacceptable health risks to individuals.
Fish consumption rates are among the important exposure factors in determining human health risk level in a criterion, because the more fish that people consume that contain toxic pollutants, the more individuals are at risk for developing cancer and other illnesses. Also important is the assumed cancer risk level in a criterion.
The CWA requires states and authorized tribes to review their water quality standards and revise them, if appropriate, at least once every three years. Increasingly, during the triennial review process, EPA has been encouraging states with populations known to consume large amounts of fish to develop criteria to protect highly exposed population groups and, in doing so, to use local or regional data on fish consumption rates that are more representative of their target population group, in place of a default national value. In addition, the agency encourages states to adopt a cancer risk level of 10-6 (i.e., one in 1 million incremental lifetime risk of developing cancer) both for the general population and highly exposed groups.
Recent controversies have involved disputes over both the appropriate fish consumption rate and cancer risk level used by states in developing their human health water quality criteria, and the stringency of the resulting ambient water quality standards. Stringent standards, in turn, can result in states issuing permits with highly restrictive discharge limits that create compliance issues for industrial and municipal facilities. The challenge raised by these controversies is to develop achievable water quality criteria that are protective for the general population and for high-consuming subpopulations, whose risk will be greater, but still acceptable.
Criticism of EPA's actions regarding state water quality standards has increased recently. Critics include affected states and organizations representing major dischargers that are directly affected by adoption of stringent water quality criteria, who challenge what they view as EPA overreach of its CWA authority to oversee state water quality standards. EPA responds that it has a duty under the CWA to ensure that water quality standards adequately protect designated uses of water and are consistent with the law. Other stakeholders, including environmental advocates and tribal organizations, have a different view from industry's. They argue that water quality criteria and standards are underprotective, especially in terms of protecting the health of highly exposed populations. States' interests reflect a range of concerns—desiring to ensure that public health of all populations is protected, while providing flexibility for business and also preserving the appropriate role for states under the CWA.
Congress has so far not directly addressed the recent controversies discussed in this report, but many in Congress have for some time been generally critical about perceived EPA overreach in a number of regulatory and policy areas.