Alliance Petitions EPA to Publish Water Quality Criteria for Toxic Pollutants in Alabama
Feb. 3, 2017 -- The Alliance submitted to EPA a "Petition for Determination That the Promulgation of New or
Revised Water Quality Standards Are Necessary in the State of Alabama to Meet the Requirements of the Clean
Water Act and to Prepare Proposed Regulations Setting Forth New or Revised Water Quality Standards for the
State of Alabama." The Petition alleges that Alabama failed to adopt new and revised water quality standards
for toxic pollutants over a period of many years after EPA updated the science supporting more stringent
limitations on dozens of toxic pollutants that threaten human health and aquatic life. (Click on the image to the
right to view the Petition).
Pollution of the air, water, and land by toxic chemicals that can endanger the health of humans or other creatures is a major concern of the Environmental Defense Alliance. Where measured or allowable toxic pollutant concentrations exceed levels necessary to protect human health or other creatures, the Alliance will seek to identify the sources and take action to reduce the measured or allowable toxic pollutants. These actions might include enforcement actions if a source is out of compliance or petitions for rulemaking to reduce the allowable discharge or emission of toxic pollutants.
Toxics Reduction
Trump's EPA denies Alliance petition for improved limits on toxics in Alabama waters
Feb. 1, 2019 -- On April 10, 2018, the EPA denied a "Petition for Determination That the Promulgation of New or
Revised Water Quality Standards Are Necessary in the State of Alabama to Meet the Requirements of the Clean
Water Act and to Prepare Proposed Regulations Setting Forth New or Revised Water Quality Standards for the
State of Alabama" submitted by the Alliance and others on February 3, 2017. (Click on DENIED image to right).
EPA's decision, however, failed to consider all relevant facts and failed to correctly apply the law. Specifically,
EPA failed to consider the fact that Alabama has repeatedly failed to revise its standards for toxic pollutants and
failed to correctly apply Clean Water Act provisions requiring States to frequently adopt or revise standards for
toxic pollutants. The Alliance is prepared to file suit against EPA to compel reconsideration of its decision if
adequate funds can be raised.
Alabama Commission Delays Health Protections for Alabama Anglers
Dec. 16, 2016 -- The Alabama Environmental Management Commission denied the Alliance's Petition to Amend
Ala. Admin. Code R.335-6-10-.07 to adopt or revise water quality criteria for toxic pollutants. (Click ORDER image
to right). The result of this decision is thatAlabama anglers who consume fish from Alabama waters could be
exposed to inappropriately high levels of toxic pollutants. There is nogood reason for this delay since all the
necessary science has been developed and recommended by the U.S. Environmental ProtectionAgency.
Alliance Petitions Alabama to Adopt New and Revised Water Quality Criteria for Toxics
Oct. 17, 2016 -- The Alliance submitted a "Petition to Amend Ala. Admin. Code R. 335-6-10-.07" to the Alabama
Environmental Management Commission seeking to adopt new and revised water quality criteria for toxic
pollutants to protect human health and aquatic life based on new and old science developed by the U.S.
Environmental Protection. Agency.
Environmental Defense Alliance and Waterkeepers Florida petition EPA to adopt new or revised
criteria for toxic pollutants in Florida waters
criteria for toxic pollutants in Florida waters
Dec. 1, 2022 -- EPA grants the Alliance petition for Florida. EPA gives Florida notice that it will propose federal
water quality criteria for toxics in Florida waters in December, 2023 if the State does not adopt approvable new
and revised criteria for toxics. (See letter to right).
Jan. 19, 2022 - Today, the Environmental Defense Alliance and Waterkeepers Florida served a petition on the
Environmental Protection Agency seeking the adoption of new or revised water quality criteria for toxic pollutants
in Florida waters. Florida's current criteria, covering 32 toxic pollutants, were approved by the Environmental
Regulation Commissionon March 27, 1992 and adopted by the Florida Department of Environmental Protection
on May 28, 1992. Since that time, the EPA has developed better scientific methods and data for establishing
water quality criteria for 99 toxic pollutants to protect human health. Human consumption of water and fish
contaminated with toxic pollutants can be harmful to health. Florida's current criteria are not adequate to protect
human health and it has failed to adopt new or revised criteria for 30 years.
Environmental Defense Alliance and ten other environmental organizations present recommended water
quality criteria for priority toxic pollutants to Alabama Department of Environmental Management
Dec. 1, 2023 -- The Environmental Defense Alliance and ten other environmental organizations presented
recommendations to the Alabama Environmental Management Commission and Alabama Department of
Environmental Management for new and revised water quality criteria for priority toxic pollutants to protect
human health. The recommended criteria incorporate new scientific data and information published by the U.S.
Environmental Protection Agency in 2015 and not yet adopted by the Commission. The Commission must
undertake rulemaking to make the recommended criteria binding on facilities that discharge toxic pollutants to
surface waters in Alabama. The excessive discharge of toxic pollutants into surface waters exposes Alabama
citizens to contamimination from consumption of contaminated fish and drinking water. Click image to right to
view recommendations.
Environmental Protection Agency proposes water quality criteria for toxic pollutants in Florida waters
Dec. 8, 2023 -- Prompted by a January 19, 2022 petition from the Environmental Defense Alliance and others (see below), today the
U.S. Environmental Protection Agency published a proposed rule to establish new and revised surface water
quality criteria for 73 toxic pollutants in Florida waters to protect human health. The EPA concluded that the
State's existing criteria are not sufficient to protect human health from contaminants in water and fish
consumed by Floridians. The State's exisiting criteria, adopted in 1992, were based on a national estimated fish
consumption rate of 6.5 grams per day. In 1994, Florida became aware that the Florida fish consumption rate is
much higher but the Environmental Regulation Commission has since failed to adopt new or revised criteria.
Although the Alliance has concerns and reservations about the adequacy of EPA's use of a 22 grams per day
fish consumption rate in the development of the proposed new and revided criteria, it is a significant
improvement.
