PROPOSED CHANGES TO WATER QUALITY STANDARDS
Surface water quality in Texas is generally governed both by Section 303 of the Federal Clean Water Act and Chapter 26, Subchapter D of the Texas Water Code. Under these statutes, the Texas Commission on Environmental Quality (TCEQ), sometimes under the direction of the U.S. Environmental Protection Agency (EPA), creates rules and standards to monitor and protect surface water quality in Texas.
Over the past few months, the TCEQ has been conducting meetings regarding proposed changes in surface water quality standards in Texas. These proposed changes include the creation of a bacteria total maximum daily load (TMDL), alteration of current standards and procedures for nutrient testing, and modifications in whole effluent toxicity (WET) testing and procedures.
The Texas Municipal League recently signed a resolution jointly with the Texas Water Conservation Association, the Water Environment Association of Texas, and the Texas Association of Clean Water Agencies outlining recommendations for the proposed changes in the current surface water quality standards. This resolution:
- proposes the revision of the current Texas Surface Water Quality Standards (TSWQS) and related procedures with regard to bacteria criteria in order to create a tiered set of recreational uses based on an appropriate exposure assessment for different types of waterbodies and activities;
- recommends that any revisions regarding nutrient criteria related to reservoirs use “chlorophyll a” measurements, rather than phosphorus, to assess waterbodies, and take into account the age of data, amount of data, and area where data was collected when implementing nutrient criteria; and
- urges the TCEQ to continue with the current approach included in the TSWQS for whole effluent toxicity (WET) testing, rather than introducing sublethal test responses into the toxicity reduction evaluation selection process, since the current approach is protective of waters of the state.
If your city would like to get involved, the Surface Water Quality Standards Advisory Work Group (SWQSAWG) meetings are open to the public, and anyone who is interested in changes to the standards may attend. More information regarding meeting places and times may be found on the TCEQ’s Web site: http://www.tceq.state.tx.us/permitting/water_quality/stakeholders/swqsawg.html.
If you have basic questions about surface water quality standards or how to become involved in the process, please contact Lauren Crawford in the TML Legal Department at (512) 231-7400.