1. NWQMC 20061 May 8, 2006 KEY ISSUES AND UNDERLYING CONCEPTS IN USE ATTAINABILITY ANALYSES FOR AQUATIC LIFE DESIGNATED USES Chris O. Yoder Center for Applied Bioassessment and Biocriteria Midwest Biodiversity Institute P.O. Box 21561 Columbus, OH yoder@rrohio.com 2006 National Water Quality Monitoring Conference May 9, 2006

2. NWQMC 20062 May 8, 2006 Aquatic Life Use Definition Definition: A designation (classification) assigned to a waterbody based on the aquatic assemblage that can realistically be sustained given the regional reference condition and the level of protection afforded by the applicable criteria. potential

3. NWQMC 20063 May 8, 2006 Tiered Aquatic Life Uses Ohio WQS Ohio WQS:  Uses defined as narratives.  Chemical & biological criteria assigned to each in accordance with the attributes described in the use narrative. Uses Are Assigned Based on (in order of importance):  Attainment of the biocriteria.  Habitat assessment demonstrates potential for a particular TALU.

4. NWQMC 20064 May 8, 2006 Use Attainability Analysis U.S. EPA Regulations Allow Lower than CWA Goal Use Where Precluded by U.S. EPA Regulations Allow Lower than CWA Goal Use Where Precluded by:  Naturally occurring pollutant levels.  Natural flow conditions.*  Natural physical features (substrate, depth, etc.).  Adverse, widespread socioeconomic impacts.  Human induced conditions that cannot be remediated.  Hydrologic modifications (dams, diversions, modifications) which cannot be operated in a manner consistent with a CWA goal use. Criteria for 99.99% of UAAs in Ohio

5. May 8, 2006NWQMC 2006 5 Ohio’s Public Policy Debate over Drainage Ditches Dan Dudley Manager, Water Quality Standards Ohio EPA, Division of Surface Water

6. Direct and indirect manipulation of the stream channel and/or riparian zone occurs for a wide variety of purposes. Most have serious and sometimes irretrievable effects on aquatic ecosystems. Compared to point sources, these are not well managed and regulated and represent a major challenge to efforts to reach 21 st century environmental goals and conserve existing ecological resources.

7. Documenting the ecological consequences of habitat alterations: Unpublished results of the bioassessment of agricultural associated hydromodifications in Ohio: 1980-1995

8. May 8, 2006NWQMC 20068 No tiles With tiles Source: Ohio State Univ. Extension “Ditch” Streams are channelized to improve subsurface drainage for the benefit of agricultural crop production 60 30 5035 35 10 40 25 <5 <5 <5 <5 Percentages of agricultural lands that have subsurface drainage in the Corn Belt region of the U.S.

9. May 8, 2006NWQMC 20069 No or Recent Channelization Recovered Natural Geographic Scope of Hydromodification in the ECBP 0.1 1.0 10.0 100.0 GRADIENT Recent or No Recovery Recovered Natural 4-7’/mile

10. May 8, 2006NWQMC 200610 Recent or no recovery from channelization Recovering from channelization – this is revealed in some of the current management & policy conflicts

11. May 8, 2006NWQMC 200611

12. May 8, 2006NWQMC 200612 Smallmouth bass Rock bass

13. NWQMC 200613 May 8, 2006 National Academy of Sciences Committee to Assess Science in TMDLs 1 Two Major WQ Program Areas Identified as Needing Improvement: Refined designated uses UAA process Biological criteria Water Quality Standards Monitoring and Assessment 1 NRC (2001). Assessing the TMDL Approach to Water Quality Management “Adequacy” in terms of concepts and elements Appropriate roles of ambient indicators We cannot deal effectively with issues like channelization unless a framework is established via TALU and biocriteria

14. May 8, 2006NWQMC 200614 Available August 2005 Ohio’s and Maine’s programs are highlighted as case examples

15. NWQMC 200615 May 8, 2006 Ohio TALUs Based on biological assemblage attributes Based on biological assemblage attributes:  Exceptional Warmwater Habitat  Exceptional Warmwater Habitat - & maintain existing high quality.  Warmwater Habitat  Warmwater Habitat – the baseline goal for most streams and rivers.  Modified Warmwater Habitat  Modified Warmwater Habitat - condition for streams under drainage maintenance or other irreversible hydromodification.  Limited Resource Waters  Limited Resource Waters – human induced conditions (e.g., virtual elimination of habitat). preserve restoration best attainable irretrievable

16. May 8, 2006NWQMC 200616 Exceptional Warmwater Habitat

17. May 8, 2006NWQMC 200617 Warmwater Habitat

18. May 8, 2006NWQMC 200618 Modified Warmwater Habitat

19. May 8, 2006NWQMC 200619 Limited Resource Waters

20. May 8, 2006NWQMC 200620 Baseline CWA Expectation

21. NWQMC 200621 May 8, 2006 Principal Objectives of Systematic Bioassessment Under TALU Determine if use designations are appropriate and attainable Determine condition and status of the resource (including causal associations) Are changes taking place over time?

22. May 8, 2006NWQMC 200622 Default assigned in 1978 by tributary membership Use assigned by M&A and UAA

23. NWQMC 200623 May 8, 2006 Darby contrasts Uplands Down river

24. May 8, 2006NWQMC 200624 A seamless process is possible provided the underlying tools and criteria are readily available

25. NWQMC 200625 May 8, 2006 Biological Criteria  Numeric and narrative rating of a biological sample collected at a single site that supports assessment at multiple scales.  Biocriteria are indexed to a reference assemblage within a geographical region and with respect to strata such as watershed size, temperature, ecotype, etc. reconcile human impacts and guide restoration efforts  Biocriteria represent a calibrated assessment tool that can foster an organized approach to goal setting in an effort to reconcile human impacts and guide restoration efforts.

26. May 8, 2006NWQMC 200626 Derivation of IBI Biocriteria for WWH and MWH Warmwater Habitat Biocriterion Modified Warmwater Habitat Biocriterion “Least Impacted” Reference “Least Impacted” Ditches

27. May 8, 2006NWQMC 200627 NUMERIC BIOLOGICAL CRITERIA: WWH IBI – Wading Site Type HELP 32 40 EOLP 38 HELP ECBP WAP IP 40 44 EWH = 50 Statewide

28. May 8, 2006NWQMC 200628 DESIGNATED USE OPTIONS ALONG THE BIOAXIS AND BIOLOGICAL CONDITION GRADIENT

29. NWQMC 200629 May 8, 2006 Use Attainability Analyses: Process & Information Requirements UAAs require the following UAAs require the following:  Existing status of waterbody based on a bioassessment.  Habitat assessment to demonstrate potential.  Reasonable relationship between the impaired state and the precluding activity based on assessment of multiple indicators used in their most appropriate roles.  Recommendation is subject to rulemaking process.  Reviewable on a periodic basis – not irreversible.

30. May 8, 2006NWQMC 200630 Influence of Modified Habitat Attributes on the IBI and Biological Integrity EWH WWH MWH LRW

31. NWQMC 200631 May 8, 2006 Adequate Monitoring & Assessment and Sufficiently Detailed WQS Are Essential to Sound UAA Practice UAAs are a routine outcome of adequate M&A. Data & assessments to support UAA are produced in a consistent and timely manner. Tiered uses and calibrated biocriteria anchor determinations of existing status & potential. Focus is on outcome of assessment – terms “upgrade” and “downgrade” are not particularly relevant.