Proposed Bay Oxygen & Clarity Criteria and Status on Bay Chlorophyll Criteria Rich Batiuk U.S. EPA Chesapeake Bay Program Office Water Quality Technical Workgroup March 15, 2001

Refined Designated Uses for Chesapeake Bay and Tidal Tributary Waters A. Cross Section of Chesapeake Bay or Tidal Tributary Shallow Water Open Water Deep Water Deep Channel B. Oblique View of the “Chesapeake Bay” and its Tidal Tributaries Migratory Finfish Spawning and Nursery Habitat Open Water Habitat Shallow Water Habitat Deep Water Deep Channel

 Deep Channel Deep Water Open Water Shallow Water Migratory Spawning and Nursery Water Clarity Chlorophyll a Dissolved Oxygen Chesapeake Bay Criteria Needed for Protection of the Proposed Tidal Waters Designated Uses

Basis for Bay Oxygen Criteria Dec 2000 EPA marine DO criteria document & 1985 EPA freshwater document Addition of more Bay species effects data Application of larval recruitment model using Bay specific parameters, species 1992 Bay oxygen restoration goal laid basic foundation In the term “local/regional”, does regional mean the main tribs and mainstem of the Bay?

Previous Illustration of Draft Chesapeake Bay Dissolved Oxygen Criteria Spawning/ Nursery Open Water/ Shallow Water Deep Water Dissolved Oxygen Concentration Deep Channel Exposure Time (Days)

Illustration of Proposed Chesapeake Bay Dissolved Oxygen Criteria 6mg/L 10 day ave. (tidal fresh) 5 mg/L 1 day minimum 6 5 4 3 1 Spawning Dissolved Oxygen Concentration (mg/L) 1 10 30 Criteria Averaging Period (Days)

Illustration of Proposed Chesapeake Bay Dissolved Oxygen Criteria 6 5 4 3 1 5 mg/L monthly average 4 mg/L weekly average 3.5 mg/L 1 day minimum Shallow/Open Water Dissolved Oxygen Concentration (mg/L) 1 10 30 Criteria Averaging Period (Days)

Illustration of Proposed Chesapeake Bay Dissolved Oxygen Criteria 6 5 4 3 1 3 mg/L monthly average 1.5 mg/L minimum Dissolved Oxygen Concentration (mg/L) Deep Water 1 10 30 Criteria Averaging Period (Days)

Illustration of Proposed Chesapeake Bay Dissolved Oxygen Criteria 6 5 4 3 1 Dissolved Oxygen Concentration (mg/L) Deep Channel 1 mg/L minimum 1 10 30 Criteria Averaging Period (Days)

Illustration of Proposed Chesapeake Bay Dissolved Oxygen Criteria 6mg/L 10 day ave. (tidal fresh) 5 mg/L 1 day minimum 6 5 4 3 1 Spawning 5 mg/L monthly average 4 mg/L weekly average 3.5 mg/L 1 day minimum Shallow/Open Water 3 mg/L monthly average 1.5 mg/L minimum Dissolved Oxygen Concentration (mg/L) Deep Water Deep Channel 1 mg/L minimum 1 10 30 Criteria Averaging Period (Days)

Spawning/Nursery Oxygen Criteria Components - EPA freshwater criteria for warmwater species early life stages:7 day mean of 6 mg/L, 1 day min of 5mg/L - EPA saltwater criterion protecting against larval recruitment effects: curves reaching 4.8-5 mg/L - EPA saltwater criterion protecting against growth effects (CCC): 5 mg/L - Protection against effects on threatened/ endangered listed species: 3.5 mg/L

6.0 Illustration of Migratory Spawning/Nursery Freshwater Early Life Stage -------------------------------------------------------------- Illustration of Migratory Spawning/Nursery Protection Against Growth Effects CMC Factoring in Sturgeon Effects

Shallow/Open Water Oxygen Criteria Components - EPA freshwater criteria for warmwater species: 30 day mean of 5.5 mg/L, 7 day mean of 4 mg/L, and 1 day min of 3 mg/L - EPA saltwater criterion protecting against larval recruitment effects: curves reaching 4.8-5 mg/L - EPA saltwater criterion protecting against growth effects (5 mg/L) and effects on juvenile/adult survival (2.24 mg/L) - Protection against effects on threatened/ endangered listed species: 3.5 mg/L

Freshwater Crit Protection Against Growth Effects Freshwater Crit CMC Factoring in Sturgeon Effects Freshwater Crit Bay CMC

Deep Water Oxygen Criteria Components - Protection against Bay anchovy egg/larval recruitment effects: curves reaching 3-3.5 mg/L - EPA saltwater criterion protecting juvenile/adult survival (2.24 mg/L) - Protecting survival of species inhabiting subpycnocline waters (1.5-1.7 mg/L)

Deep Channel Oxygen Criteria Components - Protection of survival of benthic infaunal worms and clams that would normally inhabit this mid-salinity deep mud habitats (1-1.5 mg/L)

Original Basis for Bay Chlorophyll Criteria Derivation Historical concentrations (back to 1950s) Contributions to reducing light penetration Excess algae leading to low dissolved oxygen Measure of health of aquatic habitats Good quality of fish food In the term “local/regional”, does regional mean the main tribs and mainstem of the Bay?

Concerns Raised with Lines of Evidence Approach Historical data not matched with living resource status Redundancy with oxygen and clarity criteria Concerns raised about applicability of trophic status to designated uses Strong interest in “stand alone” criteria based on fish food/algal composition quantification In the term “local/regional”, does regional mean the main tribs and mainstem of the Bay?

Draft Chlorophyll Criteria Lines of Evidence Synthesis Matrix

Draft Chlorophyll Criteria Summary of Lines of Evidence Concentration Ranges

Chlorophyll Criteria Components Salinity regime based Spring, summer, and annual average concentrations Maximum concentration w/acceptable return frequency (algal bloom index) Based on fish food/algal composition quantification with assurance of consistency with oxygen/clarity criteria attainment In the term “local/regional”, does regional mean the main tribs and mainstem of the Bay?

Illustration of Chesapeake Bay Chlorophyll Criteria

Basis for Bay Clarity Criteria Two past technical syntheses (1992, 2000) of Bay grasses habitat requirements Focus on light available to the underwater grasses at the leaf surface 16 year+ tidal WQ monitoring database Investments in ecosystem processes modeling In the term “local/regional”, does regional mean the main tribs and mainstem of the Bay?

Chesapeake Bay Water Clarity Criteria 15% High Salinity Habitats 9% Low Salinity Habitats Percent Surface Light

Partial View of Water Clarity Criteria Team’s Criteria Depth of Application Synthesis Matrix

Partial View of Water Clarity Criteria Team’s Criteria Depth of Application Synthesis Matrix

Example of Forthcoming Product from the Water Clarity Criteria Team

Example of Forthcoming Recommendations from the Water Clarity Criteria Team

Example of Forthcoming Recommendations from the Water Clarity Criteria Team Table IV-9. Recommended water clarity criteria depth of application by Chesapeake Bay Program segment.

Final Products Bay specific oxygen, chlorophyll, and clarity criteria published as EPA regional nutrient criteria Baywide implementation guidelines Consistent tidal designated uses across states “Technical” components of a Baywide UAA

EPA Publication Need to adhere to basic format of EPA national ecoregion nutrient criteria Internal EPA review of criteria Headquarters: ORD, OJC, OWOW, OST, OWM Regional Offices: Regions 2,3 as well as Regions 1, 4, 6, 8, 9, 10 with coastal waters Peer review process adhering to EPA guidelines

EPA Publication (Con’t) Publication in the federal register 30-60 day period “Provide for scientific views” Final Bay criteria published as EPA 304(a) criteria

EPA Publication (Con’t) “EPA invites the public to provide scientific views on these criteria. EPA will review and consider information submitted by the public on significant scientific issues and site-specific data that might not have otherwise been identified by the Agency during development of these criteria. After EPA reviews the submitted significant scientific information, the Agency may publish revised nutrient water quality criteria, or publish a notice informing the public that the submitted information does not warrant revision of the criteria.”

Proposed Schedule March - draft criteria, uses presented to Steering Committee May - complete work on chlorophyll criteria, water clarity application depths June - criteria packages distributed for partners, stakeholders, and scientific peer review June/August - work proceeds on details of designated use application/implem. Guidelines August - compilation of review comments; distribution to criteria teams

Proposed Schedule August/September - criteria team meet to respond to review comments September - revised Bay criteria package to WQ Steering Committee for approval October - federal register notice published November - compilation of federal register, EPA review comments Nov/December - criteria teams meet to finalize the Bay criteria in response to comments rec’ed

Proposed Schedule December - final Bay criteria presented to WQ Steering Committee for approval January - EPA publishes the Bay criteria as EPA 304(a) criteria February….Alan Pollock escorts Batiuk to a padded room for a long recovery period