Restoring and protecting the Cahaba River watershed and its rich diversity of life. 

2717 7th Avenue South, Suite 205, Birmingham, Alabama 35233-3421 • Tel 205 322-5326 • Fax 205 324-8346 

www.cahabariversociety.org

1

September 10, 2010 

Thomas J.Gardner 

Office of Science and Technology (Mail Code 4305T) 

Office of Water 

U.S. Environmental Protection Agency 

1200 Pennsylvania Avenue, NW 

Washington, D.C. 20460 

SHPDcomments@epa.gov

Regarding: Comments on HQ-OW-2010-0606, the proposed rulemaking to revise water quality 

standards regulations. 

Mr. Gardner, 

The Cahaba River Society is a 501 (c) 3 non-profit watershed conservation organization with a mission 

to restore and protect the Cahaba River watershed and its rich diversity of life. Our organization has 

worked for twenty years to encourage adoption of improved water quality standards by local, state, and

federal agencies. 

Our organization supports the U.S. EPA effort to clarify that antidegradation implementation procedures 

are to be a part of our States’ water quality standards and are subject to review, approval or disapproval 

by the EPA. We encourage EPA to require Alabama’s antidegradation implementation procedure to 

include the following minimum elements at the very least: 

• The State should adopt a process for ensuring that existing uses are protected under Tier 1 

protections. 

• The State should adopt a method for reviewing all reasonable alternatives to a new or increased 

discharge as part of a Tier 2 review and a requirement that discharge limits be set based on the 

least polluting, reasonable alternative. 

• The State should formulate a description of the factors and process for determining if a new or 

increased discharge will accommodate “important” social or economic development. 

• The State should describe and use a process for public notice and accepting public comments. 

• The State should provide an explanation of both the process for designating and for protecting 

Tier 3 waters (also known as Outstanding National Resource Waters, Outstanding Resource 

Waters, or other state-specific names). 

There is a need for EPA to require Tier 2 antidegradation protections be applied on a parameter-byparameter basis (rather than waterbody-by-waterbody). We have had several situations in the Cahaba 

River basin where the Alabama Department of Environmental Management (ADEM) has based their 

determination that no antidegradation analysis was necessary for increasing the discharge of a particular 
Restoring and protecting the Cahaba River watershed and its rich diversity of life. 

2717 7th Avenue South, Suite 205, Birmingham, Alabama 35233-3421 • Tel 205 322-5326 • Fax 205 324-8346 

www.cahabariversociety.org

2

pollutant on their “waterbody” approach to Tier assignment rather than making that Tier assignment on 

a parameter-by-parameter basis. 

In the past, a waterbody-by-waterbody approach may have been justified because keeping track of each 

parameter for each water body would have been very onerous for ADEM. However, the advent and 

power of computers, and GIS systems with associated databases should make this task far easier now. 

ADEM’s current approach has resulted in increased pollutant loading and facilitated further water 

quality degradation of the Cahaba River. In effect, if any one pollutant or parameter fails to meet water 

quality standards for a given stream segment, then thereafter that segment is designated a Tier 1 water 

and no requests for increasing any pollutants are subsequently subject to an antidegradation analysis. 

Again, this scenario has occurred repeatedly in our watershed and has resulted in inappropriate increased 

pollutant loading. 

In order to clarify that antidegradation implementation rules should be considered by the state to be part 

of the standard, we encourage EPA to require Alabama to explicitly include the following in its water 

quality regulations: 

• The method for ensuring that existing uses will be maintained and protected in compliance with 

Tier 1 antidegradation requirements, especially from impairments that are not directly linked to 

water quality changes. 

• That all reasonable alternatives to the new or increased discharge or other loading must be 

considered as part of a Tier 2 antidegradation analysis. 

• That, if a new or increased pollution loading is found necessary to accommodate important social 

or economic development after a Tier 2 analysis, that the least polluting reasonable alternative 

must be used and permit limits will be set based on the discharges that would be expected from 

use of the least polluting alternative. 

• The procedures for determining the potential alternatives to the proposed new or increased 

discharge or other proposed activity that will increase pollution. 

• The factors that will be considered in determining when a proposed polluting activity will 

accommodate important social or economic development and the method for making that Tier 2 

determination. 

• The manner in which antidegradation will be applied in making decisions on proposed 401 

certifications and general permits. 

• That the state will prepare a written antidegradation Tier 2 analysis if antidegradation is 

applicable to the decision to allow a new or increased load or explain in writing why the new or 

increased loading fits within an exception to Tier 2 antidegradation requirements if the state/tribe 

finds that such an exception is applicable. 

• The manner and timing for the public to participate in the antidegradation review to ensure that 

public participation is meaningful and effective. 

We urge EPA to adopt their proposal that clarifies a states responsibility to replace the designated use of 

a stream, following a Use Attainability Analysis that justifies removal of a given use, with the “highest 

attainable use” rather than allowing states to pick a much less protective use. 
Restoring and protecting the Cahaba River watershed and its rich diversity of life. 

2717 7th Avenue South, Suite 205, Birmingham, Alabama 35233-3421 • Tel 205 322-5326 • Fax 205 324-8346 

www.cahabariversociety.org

3

We also support EPA’s proposal to require states and tribes to solicit public comments to “scope” out 

the Triennial Review, rather than presenting the public with a shortened list of topics to respond to,

noting that this issue has not been a limitation here in Alabama. 

We appreciate the opportunity to submit these comments and thank you for your thoughtful 

consideration. 

Sincerely, 

Randall C. Haddock, PhD 

Field Director 

Cahaba River Society 

205 322-5326 ext 412 

RandyH@cahabariversociety.org