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Draft Aquatic Life Ambient Estuarine/Marine Water Quality Criteria for Copper - 2016

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Draft Aquatic Life Ambient Estuarine/Marine Water Quality Criteria for Copper - 2016 ________________________________________________________________________________ United States Office of Water EPA-822-P-16-001 Environmental Protection 4304T July 2016 Agency DRAFT AQUATIC LIFE AMBIENT ESTUARINE/MARINE WATER QUALITY CRITERIA FOR COPPER - 2016 EPA-822-P-16-001 DRAFT AQUATIC LIFE AMBIENT ESTUARINE/MARINE WATER QUALITY CRITERIA FOR COPPER - 2016 (CAS Registry Number 7440-50-8) July 2016 U.S. ENVIRONMENTAL PROTECTION AGENCY OFFICE OF WATER OFFICE OF SCIENCE AND TECHNOLOGY HEALTH AND ECOLOGICAL CRITERIA DIVISION WASHINGTON, D.C. ii NOTICES This document provides information for states and tribes authorized to administer a water quality standards program, to consider in adopting water quality standards under the Clean Water Act (CWA), to protect aquatic life from toxic effects of copper in estuarine/marine environments. Under the CWA, states and tribes are to adopt water quality criteria to protect designated uses. State and tribal decision makers retain the discretion to adopt approaches on a case-by-case basis that differ from these criteria when appropriate. While this document contains EPA’s scientific recommendations regarding ambient concentrations of copper in estuarine/marine environments that protect aquatic life, it does not substitute for the CWA or EPA’s regulations; nor is it a regulation itself. Thus, it cannot impose legally binding requirements on EPA, states, tribes, or the regulated community, and might not apply to a particular situation based upon the circumstances. EPA may change this document in the future. This document has been approved for publication by the Office of Science and Technology, Office of Water, U.S. Environmental Protection Agency. Mention of trade names or commercial products does not constitute endorsement or recommendation for use. This document can be downloaded from: http://www.epa.gov/waterscience/criteria/aqlife.html. iii FOREWORD Section 304(a) (l) of the Clean Water Act, 33 U.S.C. § 1314(a)(1), directs the Administrator of the Environmental Protection Agency to publish water quality criteria that accurately reflect the latest scientific knowledge on the kind and extent of all identifiable effects on health and welfare that might be expected from the presence of pollutants in any body of water, including ground water. This document is EPA’s new recommended ambient water quality criteria (AWQC) for the protection of aquatic life based upon consideration of available information relating to effects of copper on estuarine/marine organisms, and consideration of independent external peer review and EPA workgroup comments. The term "water quality criteria" is used in two sections of the Clean Water Act: section 304(a)(l) and section 303(c)(2). The term has different meanings in each section. In section 304, the term represents a non-regulatory, scientific assessment of ecological and human health effects. The criteria presented in this document are such a scientific assessment of ecological effects. In section 303(c), the term water quality criteria refer to criteria adopted by a state or authorized tribe as part of their legally-binding water quality standards. Criteria in water quality standards establish the maximum acceptable pollutant concentrations in ambient waters protective of the state’s designated uses. States and authorized tribes may adopt water quality criteria in their water quality standards that have the same numerical values as EPA’s recommended section 304(a)(1) criteria. However, states and authorized tribes may decide to adopt water quality criteria different from EPA’s section 304 recommendations to reflect local environmental conditions and human exposure patterns. Alternatively, states and authorized tribes may use different data and assumptions than EPA in deriving numeric criteria that are scientifically defensible and protective of designated uses. It is not until their adoption as part of state or tribal water quality standards and approved by EPA (or in limited instances promulgated by EPA) under section 303(c) that criteria become applicable water quality standards for Clean Water Act purposes. Information to assist the states and authorized tribes in modifying the recommended criteria presented in this document is contained in the Water Quality Standards Handbook (U.S. EPA 2014). This handbook and additional information on the development of water quality standards and other water-related programs of this agency have been developed by the Office of Water. This document does not establish or affect legal rights or obligations. It does not establish a binding norm and cannot be finally determinative of the issues addressed. Agency decisions in any particular situation will be made by applying the Clean Water Act and EPA regulations on the basis of specific facts presented and scientific information then available. Elizabeth Southerland Director Office of Science and Technology iv AUTHORS / REVIEWERS / ACKNOWLEDGEMENTS Technical Analysis Leads Michael Elias, Office of Water, Office of Science and Technology, Health and Ecological Criteria Division, Washington, DC [email protected] Joseph Beaman, Office of Water, Office of Science and Technology, Health and Ecological Criteria Division, Washington, DC Reviewers (2016) Elizabeth Behl, Colleen Flaherty, Kathryn Gallagher, Office of Water, Office of Science and Technology, Health and Ecological Criteria Division, Washington, DC EPA Peer Reviewers (2016) Cindy Roberts, U.S. EPA, Office of Research and Development, Office of Science Policy, Washington, DC Russ Erickson, U.S. EPA, Office of Research and Development, Mid-Continent Ecology Division, Duluth, MN Glynis Hill, U.S. EPA, Office of Policy, Office of Regulatory Policy and Management, Washington, DC Jeff Gallagher, U.S. EPA, Office of Chemical Safety and Pollution Prevention, Office of Pollution Prevention and Toxics, Washington, DC Keith Sappington, U.S. EPA, Office of Chemical Safety and Pollution Prevention, Office of Pesticides Programs, Arlington, VA Lars Wilcut and Heather Goss, U.S. EPA, Office of Water, Office of Science and Technology, Washington, DC David Hair and William Cooper, U.S. EPA, Office of Water, Office of Wastewater Management, Washington, DC Joel Hansel, U.S. EPA Region 4, Atlanta, GA Candice Bauer, U.S. EPA Region 5, Chicago, IL Lareina Guenzel, U.S. EPA Region 8, Denver, CO Jane Hashimoto and Terrence Fleming, U.S. EPA Region 9, San Francisco, CA Mark Jankowski, U.S. EPA Region 10, Seattle, WA v EXECUTIVE SUMMARY Guidance documents containing aquatic life criteria recommendations for copper (Cu) have been updated and published by EPA over the past 30 years as new science becomes available (e.g., U.S. EPA 1980, 1984, 1986a, 1995a, 1996, 2003, 2007). EPA’s most recent 2007 updated recommended criteria for copper only provided an update for freshwater organisms, and differed from EPA’s previous metals criteria in that the biotic ligand model (BLM) (Di Toro et al. 2001) addressed the metal availability to organisms. The complexing ligands in water compete with the biotic ligand for metals and other cations in the water. Unlike the empirical toxicity to water hardness relationships, which EPA used to establish copper criteria prior to 2007, the BLM explicitly accounts for individual water quality variables, is not linked to a particular correlation amongst the variables, and can address variables that are not a factor in the hardness relationship. EPA did not update estuarine/marine criteria in 2007 because a saltwater BLM had not been sufficiently developed and tested at that time. This document utilizes the recently developed saltwater BLM to provide updated BLM- based acute and chronic water quality criteria (WQC) for copper that are applicable to both estuarine and marine waters. This saltwater BLM includes a new characterization of copper binding to natural organic matter (NOM) in estuarine/marine systems and considers the binding of copper to the surface membranes of embryo-larval stages of several sensitive marine invertebrates. Development of the saltwater BLM for copper is detailed in Chadwick et al. (2008). EPA is developing the recommended ambient WQC for copper in estuarine/marine waters pursuant to its authority under §304(a)(1) of the Clean Water Act (CWA). EPA developed the copper aquatic life criteria using peer reviewed methods and data that EPA determined to be acceptable for their derivation as described in U.S. EPA’s “Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses” (Guidelines) (Stephan et al. 1985). This update includes the evaluation of data submitted in support of the registration of copper-containing pesticides that were reviewed by EPA’s Office of Pesticide Programs and studies reported in the open literature. The resulting recommended ambient WQC indicate that estuarine/marine aquatic organisms would have an appropriate level of protection if the 1-hour average and four-day vi average dissolved copper concentrations do not respectively exceed the acute and chronic criteria concentrations calculated by the saltwater BLM more than once every three years on average. For the 2016 draft acute criteria, EPA has changed the duration to 1 hour from the 24 hours EPA recommended in the 2003 draft copper criteria for estuarine/marine organisms and the 2007 recommended freshwater copper criteria. EPA made this change to the 2016 criteria to reflect the acute criteria duration recommended in EPA’s Guidelines (see Section 4.1.2). Because
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