Gfredlee@aol.com

03/28/2005 10:52 PM To

Group Ow-Docket@EPA

cc

bcc

Subject

Attention Docket No. OW-2004-0037

G. Fred Lee & Associates

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

27298 E. El Macero Dr.

El Macero, California 95618-1005

Tel. (530) 753-9630 • Fax (530) 753-9956

e-mail: gfredlee@aol.com

web site: http://www.gfredlee.com

March 28, 2005

Comments on

National Whole Effluent Toxicity (WET)Implementation Guidance Under the

NPDES Program

OW-Docket@epa.gov

Attention Docket No. OW-2004-0037

Comments on

National Whole Effluent Toxicity (WET)Implementation Guidance Under the

NPDES Program

Linda Boornazian, Director, Water Permits Division

US EPA Office of Wastewater Management

Please find presented attached in Adobe pdf my comments on the National

Whole Effluent Toxicity (WET) Implementation Guidance Under the NPDES

Program EPA 832-B-04-003.

If you need these comments in a different format please let me know.

If there are questions on these comments please contact me.

G. Fred Lee, PhD, PE, DEE

G. Fred Lee & Associates

27298 E. El Macero Dr.

El Macero, CA 95618-1005

Ph 530 753-9630, Fx 530 753-9956

Cell 916 712-7399

gfredlee@aol.com,

www.gfredlee.com

**G. Fred Lee & Associates**

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

27298 E. El Macero Dr.

El Macero, California 95618-1005

Tel. (530) 753-9630 • Fax (530) 753-9956

e-mail: gfredlee@aol.com

web site: http://www.gfredlee.com

March 28, 2005

[**OW-Docket@epa.gov**](mailto:OW-Docket@epa.gov)

**Attention Docket No. OW-2004-0037**

Comments on

**National Whole Effluent Toxicity (WET) Implementation Guidance Under
the NPDES Program**

Linda Boornazian, Director, Water Permits Division

US EPA Office of Wastewater Management

Please find presented below my comments on the **National Whole Effluent
Toxicity (WET) Implementation Guidance Under the NPDES Program EPA
832-B-04-003.**

**Overall Comment**

My academic background includes a masters degree from the University of
North Carolina School of Public Health with emphasis on water quality
investigation/ management in 1957 and a PhD degree in Environmental
Engineering with emphasis on aquatic chemistry from Harvard University
in 1960. My professional experience includes 45 years of work on water
pollution control through 30 years of university graduate level teaching
and research and serving as a part time consultant and 15 years as a
full time consultant to governmental agencies, industry, environmental
groups and the public. During my university teaching and research career
I conducted over \$5 million of research on water quality investigations
and management and published over 500 papers on this research. Since I
became a full time consultant in 1989, I have continued to publish
another 500 papers and reports on water quality issues. Since the mid
1970s my work has been in cooperation with Dr. Anne Jones-Lee. We have
established a website, www.gfredlee.com where our more recent papers and
reports are available as downloadable files. Also available at this site
is information on our qualifications to submit these comments.

We are active in: Surface and groundwater quality protection,

Domestic/industrial and agricultural wastewater discharges/runoff,

Management of contaminated sediments,

Excessive fertilization of waterbodies,

Reclaimed wastewater reuse,

Hazardous chemical sites/Superfund,

Domestic water supply water quality,

> and related areas.

The focus of our work is on evaluation and management of chemicals in
aquatic systems that can impact the water quality -- beneficial uses of
waterbodies. Early in my career I (G. F. Lee) found that it is not
possible to protect water quality from the impact of chemicals on
aquatic life and many other beneficial uses based on chemical analysis
alone. Based on this situation, I pioneered in the development of
toxicity tests to evaluate whether a chemical(s) in a wastewater
discharge/runoff or in ambient waters is in a toxic form as well as to
identify toxicity that is due to chemicals that have not been identified
in the discharge/runoff. I was involved as an invited peer reviewer to
the National Academy of Sciences/Engineering "Bluebook" of water quality
criteria of 1972. A key component of the expert panel of the NAS/NAE
review was the incorporation of effluent toxicity tests. Though out our
careers we have been active in the use of toxicity tests to help in the
protection of water quality from chemical impacts.

We support the US EPA's efforts to establish,

> "*1. **National Consistency:** provide the framework for a WET program
> that is nationally consistent across NPDES States, Tribes, and EPA
> Regions.*"

There is need for a national policy that is implemented in a consistent
basis in order to adequately implement water pollution control programs
in all areas of the US.

> *"2. **NPDES Regulatory Compliance:** reinforce compliance with
> existing NPDES regulations, including the RP determination regulations
> at 40 CFR122.44(d) by reiterating the technical and regulatory basis
> for toxicity requirements in NPDES permits, while allowing flexibility
> consistent with the regulations where appropriate (e.g., allowing time
> to collect additional data for RP determination to supplement limited
> data sets).*

It is important that there is need for full national regulatory
compliance with NPDES regulations covering the use of WET in regulating
wastewater effluent discharges.

> *"3. **Emphasis on Existing Guidance, Policy, and Regulations:**
> restate and clarify, where necessary, existing guidance, policy, and
> regulations on WET testing in the NPDES program, by referring the
> reader to portions of the TSD, WET test methods (USEPA 2002a,b,c), and
> various WET guidance documents.*"

The existing WET testing guidance generally provides a reliable
technical basis for using the WET in a wastewater discharge NPDES
program.

The NPDES permit covering the WET requirements should specify multi
species testing where the test organisms (invertebrates and vertebrates)
and test procedures are specified in the permit. It may be appropriate
to include toxicity testing with algae if primary production in the
receiving waters for the wastewater discharge appears to be limited.

The frequency of testing should be specified at no less frequent than
monthly. For some types of wastewaters more frequent testing may be
appropriate.

TIEs and TREs to identify the cause of the toxicity and develop a
control program should be a requirement that is specified in the permit.

The permit should specify a follow up procedure of the type described by
the US EPA in the Guidance of additional testing when the routine
testing finds toxicity in the wastewater

The WET NPDES permit should contain specific enforcement procedures that
will ensure that adequate toxicity testing is conducted and when found
that procedures are implemented to control it.