The recent agreement by the Environmental Protection Agency to develop rapid warning systems of polluted ocean waters by 2012 will give oceangoers ability to stay clear of contaminants.
By Melonie Magruder / Special to The Malibu Times
For those who hit the surf regularly with their health in mind, one of the only guidelines on choosing the cleanest ocean waters is Heal the Bay’s weekly report card. The only problem is if a sudden rainstorm (causing storm water run-off), sewage leak or other polluting event occurs at a local beach, there’s little way of knowing if the ocean water is safe. The good news for ocean water enthusiasts is that in about four years, due to the Environmental Protection Agency’s recent agreement to complete studies of beach bacteria and define rapid warning systems for polluted beaches, notification about bad water quality would be available in as little as a few hours.
“By 2012, we will have new standards defined by new rapid testing methods that will tell us about the health of our oceans,” Nancy Stoner, co-director of Water Programs for the Natural Resources Defense Council, said. “It’s another step closer to keeping people safe from contaminated waters around the nation.”
The EPA’s agreement was the result of a lawsuit filed by the NRDC, Los Angeles County agencies and the National Association of Clean Water Agencies, after the EPA failed to conduct congressionally-mandated studies of health impacts from bacteria and viruses in coastal waters used for recreation and failed to update its water quality standards upon which enforcement is based.
In the Beaches Environmental Assessment and Coastal Plan Act of 2000, the EPA was required to publish results of its studies by 2003 and adopt new water quality standards for beaches based on those studies by 2005.
When the EPA failed to provide the required data, the NRDC and other agencies sued, resulting in the settlement announced last week. The EPA has agreed to make its findings available to the public by December 2010 and publish new water quality criteria based on the studies by October 2012. The EPA is further required to provide progress reports on their work twice a year until 2010.
“We have spent a number of years identifying sources of pollution landing on our beaches,” Santa Monica Baykeeper Executive Director Tom Ford said. “Through that mapping effort, a lot of information has been gained and local storm water drains have been tested for pathogens, heavy metals and petrochemicals. Now we will be able to use up-to-date, standardized criteria for quickly measuring and reporting bacteria levels in our waters up and down the coastline.”
The ability to quickly analyze and report water conditions at area beaches will allow local agencies to issue immediate warnings to surfers and swimmers if contamination has been detected.
“Currently, testing is culture-based, meaning we don’t have results for beach contamination levels until a day or so later,” Stoner said. “New testing methods will actually look for genetic material which can be analyzed within just a couple of hours. That way we can know the same day of any contamination and fewer people will be exposed to pathogens in the water that make them sick.”
The EPA’s new water quality standards will replace criteria set in 1986, based on studies done in the 1970s.
Pathogens attributable to humans, wildlife and commercial products are frequently found at beaches that are sources for storm water runoff. The bacteria have been known to cause gastrointestinal disorders and ear or eye infections in people who swim in these waters.
“Storm water carries human and animal pollution to the beach,” Stoner said. “But, before now, the EPA has ignored this major pollution source in setting safety standards.”
While the settlement provides means for conducting the studies, it doesn’t provide funding for standards enforcement and clean up.
Aaron Colangelo, acting attorney for the NRDC on the case, said, “The agreement is terrific in that the EPA will update safety studies and provide new standards, but beach officials monitoring water quality will be enforcing those standards.”
The EPA’s foot-dragging in adhering to congressional mandates follows a pattern the current administration has set before. California sued the EPA to permit enforcement of landmark 2002 legislation regulating carbon dioxide emissions from vehicles. The case went all the way to the nation’s Supreme Court, which ruled in spring of 2007 that the EPA must provide the waiver required for California to enforce the new emission standards.
Last December, EPA Chief Stephen Johnson further denied California the anticipated waiver following Congress’ passage of a new federal energy bill.
“The EPA seems to be in no hurry to protect the environment,” Mark Gold, Heal the Bay’s executive director, said. “They couldn’t meet congressional mandates in five years and yet I worked on a panel the EPA put together after they were sued in spring of 2007. They locked up this panel of 43 ocean experts in a room for a week and we were able to come up with 70 pages of science-based recommendations.
“With the EPA finally having to do these studies, it will go far in protecting the health of our population,” Gold added.