UNITED STATES ENVIRONMENTAL PROTECTIO N AGENCY WASHINGTON, D.C. 20460



### NOV 1 5 2010

MEMORANDUM SUBJECT: Integrated Reporting and Listing Decisions FROM: Deni se Keehner, Director

# J\ L?vc=-- Office of Wetlands,



# Ocea **~~aters heds**  TO: Water Division Directors, Regions 1

- 10 OFFICE OF WATER

The purpose of this Memorandum is to provide information to assist the Regions and States in preparing and reviewing Integrated Reports related to ocean acidification (OA) impacts under Sections 303(d) , 305(b ) , and 314 of the Clean Water Act (CWA). You may recall that EPA settled a lawsuit in which the Center fo r Biol ogical Diversity (CBD) challenged EPA's approval of Washington State's 2008 CWA 303(d) li st, arguing failure to include coastal waters as impaired for marine pH [CBD v. EPA, No. 2:09-cv-0067 0-JCC (W. D. Wash.)]. One ofthe conditions of the settlement agreement was that EPA would issue thi s Memorandum by November 15, 2010, describing how EPA will proceed with regard to the interplay between OA and the 303(d) program. This Memorandum recognizes the seriousness of aquatic life impacts associated with OA and describes how States can move forward, where OA information exists , to address OA during the 2012 listing cycle using the current 303(d) Integrated Reporting ( IR ) framework. At the same time, this Memorandum also acknowledges and recognizes that in the case of OA, information is largely absent or limited at this point in time to support the listing of waters for OA in many States. I. Background Ocean acidification refers to the decrease in the pH of the Earth's oceans caused by the uptake of carbon dioxide , a greenhouse gas (GHG), from the atmosphere. Ocean acidification , like climate change , is primarily caused by increasing carbon dioxide (C02) concentrations in the atmosphere. As a result of absorbing large quantities of human-made C02 emissions, ocean chemistry is changing , wh ich is likely to negatively affect important marine ecosystems and species including coral reefs, shellfish, and fisheries. In addition, OA could cause these ecosystems to becom e even more vulnerable to other environmental impacts, especially those f rom climate change , such as increases in sea surface temperatures (NRC 201 0; Ridgwell and Schmidt 2010; US EPA 2009b, 2010c; NOAA 2008; Hoegh-Guldb erg eta!. 2007). EPA's actions under the Clean Air Act (CAA) to better understand and address the environmental impacts associated with greenhouse gas (GHG) emissions , including OA and climate change, currently show the greatest promise in addressing these serious environmental

Internet Address (URL) • http :// www
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. gov R ecycl ed/Recyclable • Printed with Vegetab l e 011 Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paperchallenges. For example, under the CAA, EPA finalized the Mandatory Reporting of Greenhouse Gases rule, thereby creating a GHG reporting program to co llect comprehensive, nationwide emissions data; is sued the Endangerment and Cause or Contribute Findings for Greenhouse Gases under Section 202(a) of the CAA; and developed several GHG mitigation regulations for light- , medium-, and heavy-duty vehicles and for new and exi sti ng industrial faci lities that substantially increase GHG emissions. At the same time, EPA also recognize s that the 303(d) program under the CWA has the potential to complement and aid in these efforts by ensuri ng that, over time, we continue to identify and track waters that are impaired due to OA. II. Summary of Federal Register Notice and Comments Received EPA published a Federal Register (FR) notice on March 22, 2010, reque sting public comment on what considerations EPA should take into account when deciding how to address the listing of waters as threa tened or impaired by OA under the CWA section 303(d) program, including how to develop Total Maximum Daily Loads (TMDLs) for such lis ted waters. The 60-day comment period on the FR notice ended on May 21 , 2010, and resulted in approximately 30 , 000 responses , the majority of which were form letters expressing general support for EPA to take immediate action regardi ng OA (EPA Docket ID No. OW-2010-0175, at http: //www.regulations.gov). About 35 individual responses (from State Agencies , environmental non-governmental organizations, academia, industry, and representatives from Congress) provided the Agency with detailed comments and recommendations on OA and the 303(d) program. Many commenters indicated their support for EPA to take both shor t and long-term action to address OA under the CW A. Several commenters indicated that the natural daily and seasonal variability of marine pH makes it difficult to implement the criteria. Other commenters suggested using modeling methods to identify a baseline for marine pH and recommended that States consider monitoring for other OA parame ters besides marine pH {e.g., dissolved inorganic carbon [DIC], partial pressure of C0 2 [pC02 ], and/or total alkalinity [TA]) to better reflect OA impacts. A number of commenters stated that although evaluating OA impacts is challenging, some monitoring technolo gies do exist and are available through other program s and academic institutions. Several commenters indicated tbat Sta tes need detailed guidance and resources to develop and implement consistent and comprehensive State monitoring and assessment programs for marine pH criteria and other biological endpoints that reflect adverse OA impacts. A number of commenters stated that warm water coral reefs were particularly vulnerable to OA, and that some technical methods exist to help States develop coral reef biological c ri teria as another way to protect coastal waters from OA impacts. Other commenters suggested that States can coordi nate and leverage exist ing Federal and other water sampling programs as they develop their OA monitoring and assessment methodologies. Several commenters indicated that EPA should not address OA at all under the CW A, but defer to the CAA to identify and manage C02 emissions that lead to OA. A few commenters s tated that even if waters were listed for OA impairment, it would be extremely difficult to develop OA-related carbon TMDLs because of the lack of available methods and data.

2

### III. Additional Information on Ocean Acidification After the FR notice comment period closed, EPA evaluated additional information, programs, and resources to consider how to approach OA under the 303(d) program, which are briefly described below: (1) National Research Counc il (NRC) Report: At the request of the U.S. Congress, the NRC published a report titled, "Ocean Acidification: A National Strategy to Meet the Challenges of a C hang ing Ocean", the goal of which was to review the current state ofknowledge and identify key gaps in information to help Federal agencies develop a program to improve OA understanding and address the consequences ofOA (NRC 2010). Overall, t he report concludes that OA science is complex and in its early stages, but that there is evidence that it is a growing problem which will intensify with continued C02 emissions, and will adversely affect marine

### e~osystems such as marine fisheries, shellfish harvests, and coral reefs. The report states that a national comprehensive monitoring and assessment network does not exist to establish baselines for OA parameters (including marine pH) needed to adequately evalua te OA effects, but a number of current sites and surveys are available to serve as a backbone for a national OA observational network. The report also states that chemical parameters and methods for OA are well-established, but not for biological metrics. In addition , the report indicates that existing knowledge of natural baselines for marine pH is limited because many data sets lack sufficient monitoring details to be useful in estimating trends. The NRC also sugges ts other chemical parameters be monitored along with marine pH to more accurately reflect OA impacts (e.g ., pC02, DIC , TA). Finally, the NRC recommends that the Federal government establish a National OA Program for understanding and responding to OA. (2) Future Federal Action: Ocean Acidification has emerged as a top priority within various Federal efforts. The following are two key actions addressing scient ific and technical OA issues, and in tum, should provide useful OA information for the 303(d) program: (a) The National Ocean Council (NOC): On July 19, 2010, President Obama issued Executive Order (EO) 13547 that establishes the Nation's first comprehensive National Ocean Policy for the stewardship of the ocean, our coasts, and the Great Lakes (Obama 201 0). The EO created an interagency National Ocean Council with the intent to strengthen ocean governance and provide sustained, high-level focus on the national priority action objectives to advance the National Policy (available at http://www.whitehouse.gov/administration/eop/oceans). The NOC is charged with developing Strategy Action Plans for nine priority objectives, including "C limate Change Adaptation and Ocean Acidification". Upon approval by the NOC, these 2011 action plans will guide Federal government-wide implementation of ocean policy-related activities and budgets, including development of a flexible framework for effective coastal and marine spatial monitoring and planning. (b) The Interagency Working Group on Ocean Acidification: The Federa l Ocean Acidification Research and Monitoring (FOARAM) Act of 2009 directed the Joint Subcommittee on Science and Technology (JSOST) to create an Interagency Working Group on Ocean Acidification (IWG-OA) to coordinate OA activities across Federal agencies. This Interagenc y Committee, in which E PA participates, is responsible for organizing and expanding research programs with the

3following goals: to enhance understanding o f the role of OA on marine ecosystems, identify marine ecosystem conservation measures, facilitate information exchange on OA methods, and investiga te the socioeconomic impacts of OA. The IWG-OA is drafting a s trategic research plan for OA, to be completed in 20Il. An initial report on the plan's progre ss, including a summary ofexisting Federally-funded OA research and monitoring activities, including their budgets, was recently completed (IWG-OA 20 I 0). (3) OA Criteria: Currently all 23 coastal States and five Territories (hereafter referred to as " Sta tes") have marine pH water quality criteria (WQC) in place that are similar to E PA 's CW A 304(a)(I) recommended national criterion: "pH range of6.5 to 8.5 for marine aquatic life, but not varying more than 0.2 units outside of the normally occurring range." In addition, more than half the States have coastal monitoring programs. Although EPA recently approved Puerto Rico's 20IO 303(d) list that included five waters impaired by marine pH, the major ity of the Sta tes do not have detailed monitoring protocols, assessment methods , or the high-resolution equ ipment needed to measure and implement the marine pH criteria. In particular, in most coastal regions data are not readily available to characterize short-term marine pH diurnal and seasonal variability, or to quantify a normally occurring pH "baseline" necessary to identify varia tion from natural and any long term trends (NRC 20 I 0). After reviewing a wide range of information received in response to a Notice of Data Avai lability (NOD A) on Ocean Acidification and Marine pH Water Quality Criter ia (US EPA 2009c), EPA decided against revising the national marine pH criterion for aquatic life due to insufficient data (US EPA 2010b). Finally, only a handful of States have WQC for other OA parameters (e.g., dissolved gases, including C02 ), and most are not actively monitoring for the se parameters. A few States have narrative or numeric biocriteria for marine waters with coral reefs that could reflect OA impacts. States wi ll need to continue to use their current marine pH criteria as a basis for 303(d) li sting until additional OA criteria are adopted.

IV. Decision Regarding OA and 303(d) Program EPA has carefull y reviewed and considered information received from public comments, other Federa l OA programs, and additional scientific information available on this issue in deciding how to approach OA under the 303(d) program. EPA has concluded that States should list waters no t meeting water quality standards, including marine pH WQC, on their 2012 303(d) li sts, and should also solicit existing and readily availab le information on OA using the current 303(d) listing program framework. This Memorandum does not elevate in priority the assessment and listing of waters for OA, but simp ly recognizes that waters should be listed for OA when data are avai lable. EPA recognizes that information is absent or limited for OA parameters and impacts at this point in time and, therefore, listings for OA may be absent or limited in many States. EPA will provide additional 303(d) guidance to the States when future OA research efforts provide the basis for improved monitoring and assess ment methods, including approaches being developed under two significant Federal efforts (NOC and IWG-OA, described above) that will begin in early 2011. This future OA guidance may be in the form of stand-alone OA IR guidance, or as part of EPA's routine, biennial IR update. EPA also encou rages States to focus their efforts on OA-vulnerable waters (e.g., waters with coral reefs, marine fisheries, shellfish 4resources) that already are listed for other pollutants (e.g., nutrients) in order to promote ecological restoration. V. Clos ing Information Thank you for your continued hard work and dedication working with our States to develop Integrated Rep orts. This Memorandum and Attachment are consistent with previous IR guidance, and the curren t statutory framework under CWA Sections 303(d) , 305(b), and 314. They are not regulations , do not impose legally binding requirements on EPA or the States , and do not require States to deve lop any new 303(d) program related to OA. If you have any questions or comments concerning this Memorandum, please contact me or have your staff contact John Goodin at 202-566-13 73 (goodin.john@epa.gov) or Christine Ruf at 202-566-1220 (ru f.christine @epa.gov) in the Office of Wetlands, Oceans and Watersheds. Attachment

cc: US EPA Regional Section 303( d) Coordinators US EPA Regional Monitoring Coordinators Brian McLean , Director, Office of Atmospheric Programs, OAR Alexandra Dunn , ASIWPCA



### 5ATTACHMENT: INFORMATION CONCERNING 2012 CLEAN WATER ACT SECTIONS 303(d), 305(b), AND 314 INTEGRATED REPORTING AND LISTING DECISIONS RELATED TO OCEAN ACIDIFICATION This Attachment describes how States can move forward to address ocean acidification (OA) during the 2012 listing cycle using the current 303(d) Integrated Reporting (IR) framework. EPA reaffi rms that States must li st waters not meeting water quality standards where data and assessment methods are avai lable, including marine pH, but recognizes that information is absent or limited for OA parameters and impacts at this point in time in many States. EPA will provide additional 303(d) guidance to the States when future OA research efforts provide the basis for improved monitoring and assessment methods, including approaches being developed under significant Federal efforts that will begin in early 2011. This future OA guidance may be in the form of stand

- alone OA IR guidance, or as part of EPA's routine, biennial IR update. The information in this Attachment is consistent with p revi ous IR Guidance, the current statutory and regulatory framework under CWA Sections 303( d), 305(b ), and 314, and implementing regulations at 40 CFR 130.7, 130.2, and 130 .8. This Attachment is not a regulation, does not impose legally binding requirements on EPA or the States, and does not require States to develop any new 303(d) program rel ated to OA. EPA recommends that States address OA during the 2012 303( d) listing cycle by using key components from the existing IR Guidance, described below. 1. Data Solicitation Related to Ocean Acidification EPA recommends that States with marine waters include as part of their routine IR data reques t, a provision that solicits existing and readily available water quality-related data and information, including modeling and other non- site-specific data, for marine pH and natural background conditions (see below). Scientific guidance documents on methods for monitoring OA have been published over the last five years. States should refer to NRC's 2010 Report on OA, which provides technical and scientific information on these methods. In addition, States should consider requesting data and information on other OA-related parameters recommended by the NRC, including measurements of temperature , salinity, oxygen, nutr ients critical to primary production, and at leas t two of the following four carbon parameters: dissolved inorganic carbon (DIC), pa rtial pressure of carbon dioxide (pC0 2), to tal alkalinity (TA), and pH (NRC 201 0). Several coastal States currently are monitoring for some of these recommended parameters even in the absence of associated water quality criteria (WQC). EPA also recommends States specifically solicit existing and readily available biological data that could be used to make OA attainment decisions based on narrative or numeric biocriteria, including biological information related to resources that are particularly vulnerable to OA, such as waters with coral reefs (see section 4, b elow), marine fisheries, or shellfish resources. EPA acknowledges that existing and readily available chemical and biological data and information may be limited to fully assess coastal waterbody impairment due to OA, but the Agency expects additional data and information will become availab le in the future. States s hould refer to Sectio n IV of EPA's 2006 IR Guidance, "Issues Concerning the Development and Use of an Assessment Methodology" (US EPA 2005), for specific recommendations regarding overall data


### 6solicitation and development of assessment methodologies to support State 303( d) attainment decisions

. Listed below are some monitoring programs that include data that may be useful to S tates as they assess coastal waters for marine pH impairment: A. NOAA

- National Estuarine Research Reserve System (NERRS): Website contains realtime and archived weather and water data. States can use the Google Map feature to locate stations wit hin their waters. To view what type of data the station collects click on the station marker. Majority of the statio ns collect pH data. http: //cd mo .baruch .sc.edu/QueryPages/googlemap.cfm B. NOAA National Data Buoy Center: Website contains data from all act ive NOAA and other registered buoys. EPA recommends States use thi s website's Google Map feature to locate buoys in their coastal waters and check for stations that monitor pH (also includes NERRS stations)

. http:/ /www.ndbc.noaa.gov / C. Chesapeake Bay Interpretive Buoy System (CBIBS): Website contains weather and water data from samp ling stations in Chesapeake Bay. Gooses Reef Buoy records pH data. http://www.buoybay.org/site/public/

2. Assessment Related to Ocean Acidification EPA encourages coastal S tates to start developing assessment methods for evaluating marine waters based on OA impacts using their existing marine pH and biological (narrative and numeric) WQC. EPA reaffirms that States must li st waters not meeting water quality standards, including marine pH, based on existing and readily available water quality

-related data and information. Consistent with exis ting IR gui dance, EPA also supports the use of predictive modeling and other non- site-specific data such as remote sensing data, land use analys is, and knowledge about pollutant sources and loading s, to make assessment decisions (2006 IR Guidance, Section IV, part C [US EPA 2005]). Several coastal States spec ificall y include a provision in their IR for modeling to be used for listing purposes for all pollutants, although most States do not include this as part of their assessment methodologies. So me States have listed waters based on statewide advisories, or the presumption that the pollutant source (particularly atmospheric deposition, such as mercury) is uniformly affecting segments in large geographic areas. EPA supports the use of these methods for making attainment decisions related to OA where appropriate. Described below are several programs and articles that currently have useful information and data on OA. EPA recommends States explore these sources to aid in developing strategies for assessing OA impacts. A. Ocean Carbon and Biogeochemi stry (OCB) Program, http: //www.whoi.edu/OCB

- OAI: This website provides a clearinghouse of OA news, information, and data resources to
7support the scientific research community. EPA recommends that States review these websites and documents, especially the "Research Aids" section, to locate relevant information and monitoring projects that can be used to support OA assessment. Below are some key sections and documents found within OCB's website:

1. "Ocean Acidification- Recommended Strategy for a U.S

. National Research Program" (OCB 2009a): The Whitepaper includes a list of additional sources, reports and reviews on OA. http://www.us-ocb.org/publications/OCB_OA_ Whitepaper.pdf

u. "Response to the EPA's call for Notice of Data Availability (NODA) on Ocean Acidification and Marine pH Water Quality Criteria" (OCB 2009b): http://www.whoi.edu/fileserver.do?id=62903&pt=2&p=73670 iii. "Response to the EPA's call for public comment on ocean acidification and the 303( d) program" (OCB 201 0): http://www.whoi.edu/fileserver.do?id=62903&pt=2&p=73670

IV. "Research Projects" section under "Research Aids": Includes list ofprograms and projects that monitor ocean chemistry, explore OA effects on marine ecosystems, and develop ocean chemistry models. http://www. whoi.edu/OCB-OA/page.do?pid=32492

v. "Data Tools and Resources" section under "Research Aids": Includes links to ocean carbon data, coral reef data, time-series and moorings data from Ocean Sites and the Carbon Dioxide Information Analysis Center (CDIAC), satellite data, and ocean carbon modeling information. http://www.whoi.edu/OCB-OA/page.do?pid=32493 B. NOAA-Pacific Marine Environmental Laboratory (PMEL) Carbon Dioxide Program, http://www.pmel.noaa.gov/co2/: Conducts ocean carbon cycle research from ships and moorings in all of the major ocean basins in collaboration with the Atlantic Oceanographic and Meteorological Laboratory (AOML) C02 Program and the US Climate Variability and Predictability (CLIVAR) C0 2 Repeat Hydrography Program. PMEL monitoring programs include :

1. Air-Sea C02 Exchange: Collects fugacity of carbon dioxide (fC02) in air and seawater, sea surface temperature (SST), and salinity data 11. C02 Time Series: Collects pC0 2 in air and seawater, and SST 111. Global Inventory Changes: Includes inorganic carbon measurements C. NOAA-PMEL Station Papa: Monitors ocean-atmosphere interactions, carbon uptake, and 0 A. http://www.pmel.noaa. gov /stnP /index.html



### 8D. Integrated Ocean Observing System (IOOS): Include s a data catalog where you can search by parameter, date , program, and data providers. Note: I nternet Explorer is slow to display the data catalog. Firefox, Safari, and Chrome browsers work well. http://www. ioos.gov/ E. Publications by Fabry et al. (2008), Feely et al. (2009), and Ri ebesell et al. (20 1 0) identify vu ln erable ecosystems, measurement requirements, and other details for developing an OA observational network (e .g., planned or deployed open-ocean and coastal OA monitoring sites). Natural Condition As di scussed previously, currently all 23 coastal States and five Territori es have marine pH WQC in place , and more than half of States' criteria contain a natural conditio n provision (e.g., "pH can range between 6.5 to 8.5, but not varying more than 0.2 units outside of the normally occurring range.") However, most coastal States do not have detailed monitoring protocols , assessment methods , or high-resolution equipment needed to quantify natural conditions within their coastal waters , which is needed to impl ement such criteria

. Thi s absence is due to the fact that marine pH concentrations can vary by depth , time of day, season , and location, making it difficult to monitor accurately. Additionally , historical pH datasets typically lack the necessary detail needed for States to establish accurate baselines. While most States are not determining natural condition for marine pH , a few States do address natural conditions in their assessment methodologies (e.g., modeli ng can be used to determine natural background). In addition, researchers are developing approaches to estimate his toric marine pH values to draw conclusions concerning OA impacts. For example, Feely et al. (201 0) uses a C02SYS computer program developed by Lewis and Wallace (1998) to estimate pre-industrial pH and current pH from measured TA and DIC values. Therefore, to improve implementation of the marine pH criteria, EPA suggests States begin requesting information on, and developing methods for, interpreting their marine pH water quality standards related to natural condition. Other 303(d) -Related Inf ormation Con s i stent wit h EPA's 303(d) regulations and previous IR Guidance , EPA recommends that States include in their IR methodology a descr i ption of how they consider available OA data and information for assessment decisions, including statistical approaches and the 

### QAIQC criteria used to evaluate such data and information. Also, EPA reminds States that if a designated use is not supported and the segment is impaired or threatened , the fact that the s pecific pollutant is not known does not provide a basis for excluding the segment from being listed as impaired. Therefore , if marine pH exceeds the State 's criterion, but the source-stressor i s unknown (e.g., carbon deposition, nutrient enrichment, industrial discharge, natural background), then EPA expects the segment to be listed. In addition, to promote the identification ofthe pollutant(s) causing the impairment, EPA recommends that States include ot her information that could contribute to identifying the specific po ll utant. EPA also recommends that States consider using IR Category 3 for segments where there is insuf fi cient available data and /or information to make a determination related to OA. It i s possible that States have information from other sources regarding OA impacts and could then identify those segments that are higher and lower priority for follow-up monitoring in the future, using predicative tools suc h as probability surveys or landscape models. Category 3 provides 

### 9States with the flexibility to monitor these segments in a manner consistent with their overall monitoring strategy and schedule. (See page 5-6 of EPA's 2010 IR guidance [2009a] for more detail on Category 3). Separate IR section for Marine Water Segments EPA recommends that States consider including a separate assessment and listing section in their IR rep ort for information related to marine water segments (e.g., coastal waters, estuaries) and all parameters separate from their freshwate r segments, where practical. For example, Puerto Rico in their 2010 Integrated Report has separate sections for their segmentation criteria and assessment units of inland waters (rivers, streams, lakes, and estuaries) and coastal shoreline. Location and size of segments are documented in separate tables. In additio n , Puerto Rico separates the li sting of impaired waters into the following five tabl es : 1) rivers and streams, 2) estua ri es, 3) lagoons, 4) lakes , and 5) coastal shoreline. This separate marine/coastal section may make it easier for States and the public to evaluate, review, and update methods and data related to marine impairments, including OA. 3. Future Federal Efforts Related to Ocean Acidification States are encouraged to track two key Federal efforts that should help them in developing monitoring and assessment methods and protocols for use in developing future 303(d) lis ts. Firs t, on July 19, 2010, President Obama issued Executive Order (EO) 13547 that establishes the Nation's first comprehensive National Ocean Policy for the stewardship of the ocean, our coasts, and the Great Lakes (Obama 201 0). The EO created an interagency National Ocean Council (NOC) with the intent to strengthen ocean governance and provide susta ined , high-level focus on the national priority action objectives to advance the National Policy (available at http:/ /www.whitehouse.gov/administration/eop/oceans). The NOC is charged with developing Strategy Ac tion Plans for nine priority objectives, including "C limate Change Adaptation and Ocean Acidification". Upon approval by the NOC, these 2011 action plans will guide Federal government-wide implementation of ocean policy-related activities and budgets , including development of a flexible framework for effective coastal and marine spatial monitoring and planning. Second, the FOARAM Act of2009 directed the Joint Subcommittee on Science and Technology (JSOST) to create an Interagency Working Group on Ocean Acidification (IWG-OA) to coordinate OA activities across Federal agencies. This Interagency Committee, in which E PA participates, i s responsib le for organizing and expanding research programs with the following goals: to enhance understanding of the role of OA on marine ecosystems, identif y marine ecosystem conservation measures, facilitate information exchange on OA methods, and investigate the socioeconomic impacts of OA. The IWG-OA is drafting a strategic research plan for OA, to be completed in 2011. An initial report on the plan's progress, including a summary of exi sting Federally-funded OA research and monitoring activities, including their budgets, was recently completed (IWG-OA 2010)

.

104. Biological Assessment, including Coral Reefs, Related to Ocean Acidification EPA's current policy is that States should designate aquatic li fe uses for their waters that appropriately address bio logical integrity and adopt biological criteria necessary to protect those uses ( US EPA 1991). To date, about ha lf of the States now have narrative biological cr iteria and a handful of States have numeric biological criteria in their water quality standards. Nearly onethird of all States have written procedures describing how to use biological informat ion to help make aquatic life use attainment decisions (Russo 2009) , but the majority of these measures and methods apply to freshwater , not marine , systems. Species-specific assessments ofbiological responses to chemical changes representative of OA have been performed ( OCB 2009b), but the NRC (20 1 0) concluded that standardized, appropriate parameters for monitoring the biological effects of OA generally cannot be determined until more is known concerning the physiological respo n ses and population co nsequences of OA across a wide range of taxa. However, where more detailed information on specific aquatic resources (e.g., coral reefs, marine fisheries, or shellfish resources) does exist, EPA encourages States to consider developing bioassessment methods and /or biocriteria to reflect OA impacts. EPA has detailed information on developing biocriteria and assessment methods at the following website: http: //water.epa.gov/scitech/swguidance /waterquality / standards/criterialaqlife/biocriterialbiocrite ria

_ index.cfm and within the documents, "Estuarine and Coastal Marine Waters: Bioassessment and B iocr iteria Technical Guidance" (US EPA 2000) a n d "Stony Coral Rapid Bioassessment Protocol " (US EPA 2007). Additiona lly, States are referred to EPA's recent publicat ion, "Coral Reef Biological Criteria: Using the Clean Water Act to Protect a National Treasure" (US EPA 20 I Od) for detailed information on different planning, assessment, and management ·steps necessary for the development of coral reef biocriteria. Also, EPA's website for Biological Indicators of Watershed Health includes more documents that States can use to assist in developing bioassessments (http: //www.epa. gov/bioiweb 1/) One data source that States can use to help them prioritize where to monitor and assess in the future for OA impacts is EPA's National Coastal Condition Reports (NCCR) (http://water.epa.gov / type/oceb/assessmon i tor/nccr/index.cfm). These Reports assess the Nation's coastal condition by evaluating five indicators of condition (water quality, sediment quality , benthic community

**~ondition**

**,** coastal habitat loss, and fish tissue contaminants) in each region ofthe U.S. (Northeast Coast, Southeast Coast, Gulf Coast, West Coast, Great Lakes, Alaska, Hawaii , and Puerto Rico). Although the s e reports typically cannot be used to make sitespecific 303(d) listing decisions , they can be useful to States in identifying which coastal waters have poor conditions, and therefore help States prioritize locations for future monitoring efforts related to OA impacts. The most current NCCR Report was published in 2008 (US EPA 2008b) and EPA is expecting to publish the next updated NCCR Report in late 20 12. Listed below are other resources that may be of use to States in their efforts to develop bioassessments related to OA impacts: A. Kleypas et al. (2006), "Impacts of Ocean Acidification on Coral Reefs and Other Marine Calcifiers: A Guide for Future Research " : This Workshop paper summarizes existing


### 11knowledge on OA impacts of marine calcifiers, presents a consensus on what the most pressing scientific issues are, and identifie s future research strategies for addressing these issues. The report is intended to guide program managers and researchers toward designing research projects with the details and references needed to address the major sc ientific issues that should be pursued in the next 5-10 years. B. Fabry et al. (2008), "Present and Future Impacts of Ocean Acidific ation on Marine Ecosystems and Biogeochemical Cycles": This Workshop report summarizes inf ormation from nearl y 100 scientists and presents a comprehensive research stra teg y for four critical ecosystems affected by OA: warm-water coral reefs, coastal margins, subtropical/tropical pelagic regions, and high latitude regions. C. Buddemeier et al. (2008), Coral Mortality and Bleaching Output (COMBO) Model12: Projects C02 and high temperature bleaching event impacts to coral reefs. Developers used coral reefs in Hawaii and US Virgin Islands to test importance of stressors and priority areas for conservation. D. Bradley et al. (2009), "Developmen t and Implementation of Coral Reef Biocriteria in U.S. Juri sd ictions " : T his article references different coral reef monitoring programs within U.S. coastal waters. E

. NOAA National Environmenta l Sa tellite, Data and Information Service (NESDIS)/ Coral Reef Watch (CRW): Experimental Ocean Acidification Product Suite (OAPS) that provides a synthesis of satellite and modeled environmental datasets to provide a synoptic estimate of sea surface carbonate chemistry in the Greater Caribbean Region (includes coastal waters along FL and PR). http://coralreefwatch.noaa.gov/satellite/oa/index.html

5 . Prioritization and TMDL Schedule Related to Ocean Acidification States that list coastal waters for marine pH and other OA-related impairments have the discretion to prioritize their TMDL development schedule. CWA Section 303(d) and implementing regulations at 4 0 C.P.R. 

### § 130.7 do not specify a timeframe for States to develop TMDLs. However, EPA's current po licy is that States can choose to rank the development of TMDLs for li sted waters in line with advancing technical and scientific methods, and generally have between 8 to 13 years to develop TMDLs. Currently, EPA believes that not enough information is available to develop OA-related carbon TMDLs, and is deferring development of TMDL guidance related to OA listings until more information becomes available in the future. States may want to take this information into account in setting the priority ranking for TMDL development for any waters identified due to OA. However, States could address OA impacts immediately by evaluating marine waters that are currently listed for other pollutants and that are considered vulnerable to OA (e.g., waters with coral reefs, marine fisheries, shellfish resources). For example, researchers have demonstrated that nutrient enrichment can also lead to decreases in marine pH due to natural respiration processes and remineralizing dead organic matter back to C0 2 (Feely et al. 2010). States could focus their efforts on these OA-vulnerable waters to promote ecological restoration.
12

### REFERENCES Bradley, P.; Fisher, W. S.; Bell , H.; Davi s, W.; C ha n, V .; LoBue, C.; Wiltse, W. (2009) Development and Implementation of Cora l ReefBiocriteria in U.S. Jurisdictions. Environ Manit A ssess, 150, 43-51. Buddemeier, R. W.; Jokiel , P

.L. ; Zimmerman, K.M .; Lane, D.R. ; Carey, J.M.; Bo hling, G.C.; Martinich, J.A. (2008) A Modeling Tool to Evalu ate Regio nal Coral Reef Responses to Changes in Climate and Ocean Chemistry. Limnol. Oceanogr .: Methods, 6, 395

-411. Caldeira, K. ; Wickett M.E. (2003) Anthropogenic Carbon and Oc ean pH. Nature, 425, 365. C ooper, T.F. ; De'ath G.; Fabricius, K .E.; Loug h , J.M. (2008) Declining Coral Calcification in Massive Porites in Two Nearshore R egion s of the Northern Great Barrier Reef. Global Change Biology, 14 , 529-538. Fabry, V.J.;Langdon , C.; B alch , W

. M.; Dickson, A.G.;Feely, R. A.; H ales, B.;Hutchins, D. A.; Kleypas , J .A.; Sabine, C.L. (200 8 ) Pr esen t and Future Impacts of Ocean Acidification on Marine Ecosystems and Bioge ochemical Cycles. Report of the Ocean Ca rbon and Biogeochemi stry Scop ing Workshop on Ocea n Acidification Research held 9 -11 Oct 2007 , La Joll a, Ca lifornia, XX pp . Feely , R.A

. ; Sabine, C.L.; Takahashi , T.; Wanninkhof , R. (2001) : Uptake and Storage of Carbon Di oxide in the Oceans: The Global C0 2 Survey. Oceanography, 14 (4), 18-32. Feely, R.A.; Sabine, C.L.; Lee, K. ; B erelson, W.; Kleypas, J. ; Fabry, V.J.; M illero, F.J. (2004) Imp act ofAnthropogenic C0 2 on the CaC03 System in the Oceans. Science, 305, 362

- 366. Feely R.A.; Sabine, C. L. ; Hernandez-Ayon , J .M.; J an son, D.; Hales, 

### B. (2 008 ) Ev idence for Upwelling of Corrosive "Acidified" Water onto the Continental She lf. Science, 320 , 1490-1492

. Feely , R.A.; Fabry, V.J.; Dickson, A.G.; G attuso, J

-P.; Bijma, J.; Riebesell, U. ; D oney, S.; Turley, C.; Saino, T.; Lee, K .; Anthony, K.; Kleyp as, J. (2009) An International Observational Network for Ocean Acidification

. Proceedings of the " OceanObs '09: Sustained Ocean Observations and Informatonfor Society " Conference (Vol. 2), Venice , Italy, Sep 21-25; Hall, J. , D.E. H arrison, and D. S tammer, Eds

. , ESA Publication, WPP306. [in pr ess ]

. Feely, R.A.; Alin, S.R.; Newton, 

### J. ; Sabine , C.L.; Warner, M.; Dev o l , A.; Kre mb s, C.; Maloy , C. (20 1 0) The Combined Eff ects of Ocean Acidification, Mixing , and Respiration on pH and Carbonate Sat uration in an Urbanized Estuary

. E stuarine, Coastal and Shelf Science , 88, 442

-449.

1 3Federal Ocean Acid ification Research and Monitoring (FOARAM) Act of2009 (2009) Pub. L. 111-11. 123 Stat. 1436-1 442, March 30,2009. Available at: http: //f rwebgate.access.gpo.gov/cgi

bin/getdoc.cgi?dbname = 111_ cong_publi c

_ laws&docid=f :publO l l

. l ll. pdf. Hendriks, I.E, Duarte, C.M.; Alvarez , M. (20 10) Vulnerabili ty of Marine B iodivers ity to Ocean Acidification: A Meta-Analysis. Estuarine, Coastal and ShelfScience, 86, 157-164. Hoegh-Guldberg, 0. et al. (2007) Cora l reefs under rapid climate change and ocean acidification. Science, 318, 14. Interagency Working Group on Ocean Acidification (IWG

- OA) (2010) Initial Report on Federally Funded Ocean Acidification Research and Monitoring Activities and Progress in Developing a Strategic Plan. Kleypas , J.A.; Feely, R.A.; Fabry, B.J.; Langdon, C.; Sabine, C.L.; Robbins, L.L. (2006) Impacts of Ocean Acidification on Coral reefS and Other Marine Calcifiers: A Guide for Future Research. Report of a workshop held 1-20 Apr 2005, St. Peter esburg, Florida, 88 pp . Lewis , E.; Wall ace, D.W.R

. (1998) Program Developed for C0 2 System Calculations; ORNL/CDIAC -1 05; Carbon Dioxide Information Analysis Center, Oak Ridge National Laboratory, U.S. Department of Energy, Oak Ridge, Tennessee. National Oceanic and Atmospheric Administration (NOAA) (2008) State of the Science: Ocean Acidification

. Avai lable at: http: //v.rww.pmel.noaa.gov/co2/0A/Ocean

_Acidification%20FINAL.pdf. National Research Council (NRC) (20 1 0) Ocean Acidification: A National Strategy to Meet the Challenges of a Changing Ocean. National Academies Press, ISBN: 978

-0

- 309

- 15359

- 1. Available at: http://www

.nap.edu/catalog.php?record

_ id= 12904. Obama, B. (2010) Executive Order 13547 of July 19,20 10 Stewardship of the Ocean, Our Coasts, and the Great Lakes . Federal Regi ster, 75(140), 43023-4 3027. Avail able at: http://edocket.access.gpo.gov/20 1 0

/pdf/20 10

- 18169.pdf. Ocean , Carbon, and Biogeochemistry (OCB) (2009a) Ocean Acidification

-Recommended Strategy for a US. National Research Program. Avail able at: http://www.usocb.org/publi cations/OCB

_ OA

_ Whitepaper.pdf. Ocean, Carbon, and Biogeochemi st ry (2009b) Response to the EPA 's Call for Notice of Data Availability (NODA) on Ocean Acidification and Marine pH Water Quality Criteria. Available at: http://www.us-ocb.org/publications/EPA

_OCB_FINAL.pdf. Ocean, Carbon, and Biogeochemistry Program (20 1 0)

. Response to the EPA 's Call for Public Comment on Ocean Acidification and the 303(d) Pr ogram. Available at: http ://www.whoi.edu/fileserver.do ?id= 62903&pt = 2&p =73670.

14Ridgwell, A.; Sclunidt, D.N. (2010) Past Constraints on the Vulnerability of Marine Calcifiers to Massive Carbon dioxide Release. Nature Geoscience, 3, 196-200. doi: 10.1 038/ngeo755. Riebesell, U.; Fabry, V.J.; Hansson, L.; Gattuso, J-P. (2010) Guide to Best Practices in Ocean Acidification Research and Data Reporting. Office for Official Publication s of the European Communities, Luxembourg , 264 pp. Russo, Gary, AAAS Fellow (2009) White paper on Evaluation of Biological Criteria in Water Quality Standards. Sabine, C.; Feely, R.A.; Gruber, N.; Key, R.M.; Lee, K.; Bullister, J.L.; Wanninkhof, R.; Wong, C

. S.; Wallace, D.W.R.; Tilbrook, B.; Millero, F.J. ; Peng , T.H

. ; Kozyr, A.; Ono, T.; Rios, A.T. (2004) The oceanic sink for anthropogenic C02. Science, 305, 367-371. US EPA ( 1991) Transmittal of Final Policy on Biological Assessments and Criteria. Memorandum from Tudor Davies , Director of the EPA Office of Science and Technology to Water Management Division Directors Regions I
- X. US EPA (2000) Estuarine and Coastal Marine Waters: Bioassessment and Biocriteria Te chnical Guidance; EPA -822-B-00-024; Washington, D.C. Available at: http: //water.epa.gov/sc itech/swguidance /waterquality/standards/criteria!aqlife /biocriteria/ estuaries l.cfm. US EPA (2003a) Elements of a State Water Monitoring andAssessment Program; EPA 841-B03-003; Washington, D.C

. Avail able at: http ://water.epa.gov/typ e/ watersheds/monitoringlindex.cfm. US EPA (2003b) Guidance for 2004 Assessment, Listing and Reporting Requirements Pursuant to Sections 303(d) and 305(b) of the Clean Water Act; Washington, D.C. Available at: http:/ /water. epa. gov /l awsregs/lawsgui dance/cwa/tmdV guidance.cfm. US E PA (2005) Guidancefor 2006 Assessment, Listing and Reporting Requirements Pursuant to Sections 303(d), 305(b) and 314 ofthe Clean Water Act; Washington, D.C. Available at: http://water.epa.gov/lawsregs/lawsguidance/cwa!tmdl/guidance.cfm. US EPA (2006) Information Concerning 2008 Clean Water Act Sections 303(d), 305(b), and 314 Integrated Reporting and Listing Deci sions; Washington, D.C. Available at: http://water.epa.gov/lawsregs/lawsguidance/cwa!tmdl/guidance

. cfm. US EPA (2007) Stony Coral Rapid Bioassessment Protocol; EPA/600/R-061167 ; Gulf Breeze, Florida. Available at: http://www.epa.gov/bioiweb llpdf/EPA-600-R-06- 167StonyCoralRBP.pdf.

15US EPA (2008a) National Water Program Strategy: Response to Climate Change; E PA 800-R08-001; Washington, D.C. Available at: http: //water.epa.gov/ scitech/climatechange / strategy.cfm.
US EPA (2008b) National Coastal Condition Report III ; E PN842-R-08-002 ; Washington, D.C. Available at: www.epa.gov /owow/oceans/ nccr /

. US EPA (2009a) Information Concerning 2010 Clean Water Act Sections 303(d), 305(b), and 314 Integrated Reporting and Listing Decisions; Washington, D.C. Available at: http ://wa ter.epa.gov/ lawsregs/lawsguidance /cwaltmdl/guidance.cfm. US EPA (2009b) Technical Support Document for Endangerment and Cause or Contribute Findings for Greenhouse Gases under Section 202(a) of the Clean Air Act; Washington, D. C

. Available at: http: //www

.epa .gov/climatechange/endangerm ent/down loads/Endangerment%20TSD .pdf
US EPA (2009c) Notice of data availability (NODA) on Ocean acidification and Marine pH Water Quality Criteria. Federal Register , 74(71 ), 17484-174 87. Available at: http: //www.epa.gov/fedrgstr/EPA

- W ATER/2009/April/Day-15 /w863 8.htm.
US EPA (20 10a ) Clean Water Act Section 303(d): Notice of Call for Public Comment on 303(d) Program and Ocean Acidification. Federal R egister, 75(54) , 13537-13540. Available at: http: //www.regulations.gov/ search/Regs/home.html#documentDetail?R=0900006480ac4 72a. US EPA (2010b) EPA Decision on Re-evaluation and/or Revision of th e Water Quality Criterion for Marine pH for the Protection of Aquatic Life. Memorandum from Pete Silva, Assistant Administrator, Office of Water to Center for Biological Diversity, San Francisco, Cali fornia, April 15, 2010. US EPA (2010c) Testimony ofNancy Stoner, Deputy Assistant Admini strator, Office of Water, before the Subcommittees on Oversight, and on Water and Wildlife, Committee on Environment and Public Works, U.S. Senate , May 11 ,20 10. US EPA (20 1 Od) Coral Reef Biological Criteria: Using the Clean Water Act to Protect a National Treasure; EPN600/ R-10/054; Washington, D.C. Available at: http: //www.epa.gov/bioiweb 1/coral/coral

_ biocri teria.html.
Wootton , J.T. ; Pfister, C.A. ; Forester J.D. (2008) Dynamic patterns and ecological impacts of declining ocean pH in a high -r esolution multi-year data set. Proceedings of the National Academy ofSciences, 105(48) , 18848-18853.

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