Nutrient Criteria Development for Rhode Island Estuarine Waters CHRP/Managers Meeting October 8, 2009

Current Water Quality Regulations Narrative nutrient criteria for estuarine waters: “None in such concentrations that would impair any usages specifically assigned to said Class, or cause undesirable or nuisance aquatic species associated with cultural eutrophication.”

EPA National Strategy for Development of Regional Nutrient Criteria 1998 – EPA National Strategy to promote state adoption of nutrient water quality standards to better protect aquatic life and human health –EPA technical guidance for estuarine numeric nutrient criteria published. DEM has since completed projects related to nutrient criteria development in freshwaters; that work is continuing with limited EPA funding.

National Progress to Date EPA survey of state nutrient criteria – 2008 Report from EPA Office of Inspector General 8/09 Insufficient progress –No state has met EPA’s goal for nutrient criteria development –Cost is significant obstacle for states –States also lack tools to implement standard

Status of Estuarine Criteria Development in States as of eligible states # adopted one or more parameter for entire waterbody type: 3 ( NC, OR, HI) # adopted one or more parameter for selected waters: 7 ( CA, DE, MD, MA, NJ, SC, VA) No numeric criteria: 14

New England As of 2008, in New England – only MA had set nitrogen criteria for selected waters June 2009 – NH issued numeric criteria for Great Bay Estuary Where is RI in the process? Beginning to plan an approach …

Parameters Used CA – TN, N, TP, Clarity* DE – N, P, Clarity HI – TN, N, TP, Chl-a, Clarity* MD- Clarity MA – N NH – TN, Chl-a, Clarity NJ – Clarity* NC – Chl-a, Clarity* OR – Chl-a SC – Clarity VA – Chl-a, Clarity* in place in 1998

Next Steps Review current activities by other states and assess options ( NBEP/DEM-OWR) Explore with EPA- AED options for developing criteria for coastal ponds (DEM-OWR)