Will U.S. EPA require changes to Florida Water Quality Standards?

The White House Office of Management and Budget (OMB) is reviewing the United States Environmental Protection Agency (U.S. EPA) proposed final rule that will update calculations used to develop human health criteria (HHC) in the state of Florida. At play here is the assumption of local fish consumption rates (FCR). U.S. EPA is pushing Florida to use the national default value of 22 grams per day (g/day) consumption of fish and shellfish. Currently Florida uses a FCR of 6.5 g/day to calculate HHC for regulated compounds such as pesticides, polycyclic aromatic hydrocarbons (PAHs), Per- and polyfluoroalkyl substances (PFAS), heavy metals, dioxins and furans, and polychlorinated biphenyls (PCBs).

Background

The FCR is one of the key factors in determining HHC and is derived from multiple studies and sources. U.S. EPA default fish consumption rate for the general population is 22 grams per day. This rate is based on the 90^th percentile of fish and shellfish consumption for adults 21 and older as provided in Appendix A of the Estimated Fish Consumption Rates for the U.S. Population and Selected Subpopulations (NHANES [National Health and Nutrition Examination Survey] 2023-2010). However, populations in each region (state) consume fish and shellfish at varying quantities, and some state agencies establish their own FCR’s using state specific data rather than using U.S. EPA’s value. To develop a FCR, a state would consider fish and shellfish that are found in fresh and estuarine waters, including harvest in or near coastal waters. This state specific FCR would include local, commercial, aquaculture, interstate, and international waters, but it would not include marine species. The NHANES survey provides marine species considered including but not limited to such fish as snapper, tuna, swordfish, some shrimp species, most sea bass species, certain clam species, and most flounder species. As Florida is a coastal state, Floridians enjoy fresh fish from both freshwater and saltwater and the State of Florida has determined that the FCR (excluding marine species) is 6.5 g/day. Florida’s stance is that while its citizens consume fish and shellfish, freshwater and estuarian species are consumed at a lower rate than the national average due to higher consumption of marine species. Environmental groups are pushing U.S. EPA to look at other Florida studies that suggest the FCR should be closer to 46 g/day.

Florida is also home to the Seminole and Miccosukee Tribes who have reserved rights to subsistence fish. U.S. EPA established the FCR for subsistence fishing at 142 g/day. If this FCR is applied to the HHC calculations, the HHC would be even lower.

Also at issue is the FCR calculation methodology. Florida developed its criteria based on a probabilistic risk assessment methodology which they believe is more scientifically sound than the deterministic risk assessment methodology currently used by U.S. EPA. Deterministic risk considers the impact of a single risk scenario, whereas probabilistic risk considers all possible scenarios, their likelihood and associated impacts.

What do facilities in Florida need to know?

Changes to the HHC and ultimately updated Water Quality Standards (WQS) would require Florida to reassess its ambient water quality against more stringent standards, possibly resulting in additional waterbodies being listed as impaired. Florida would then develop total maximum daily loads (TMDL). From the TMDL, Florida would apply a loading value to each NPDES permit holder in that watershed.

What are the next steps?

ALL4 will continue to provide updates as they become available. It is likely that we will see court cases being filed when the rule is finalized. U.S. EPA and states are seeing more comments and scrutiny of the “sound scientific” development of water quality criteria across the United States.

If you have questions concerning your state’s WQC or WQS, or have questions concerning your NPDES permit, please reach out to Karen Thompson at kthompson@all4.com or one of our project managers in your area.