Applied Ecosystem Services, LLC

The objective of the 1972 Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of waters in the US. Water quality standards define clean; therefore, how standards are set is important for policy and regulatory decisions. Standards based on maximum concentration limits (MCL) of toxic chemicals apply to potable waters but not to aquatic life, wildlife, livestock, human recreation, irrigation, or industrial uses. MCLs provide no knowledge of the physical or biological integrity of the water body.

As business operators, regulators, and attorneys you do not need to be environmental scientists to understand the importance of environmental data relationships to economic, natural, and societal ecosystems. You need to be experts in your professions, not in ecology or environmental science. This brief presentation will help you to appreciate that environmental data are an investment whether you are a business owner, executive, or manager; an environmental regulator; or an environmental, natural resources, or water law attorney.

Much has changed since the Clean Water Act (CWA) was passed in 1972, but not how water quality is regulated. Existing environmental data analyzed with advanced statistical models can bring CWA regulatory compliance into the 21st century. With global warming, and societal concerns about sustainability, modernizing regulatory compliance benefits everyone. The use of maximum concentration limits (MCLs) on individual chemical ions or collections such as total dissolved solids (TDS) applied to all water bodies regardless of type or geographic location is similar to the way medicine was practiced centuries ago when we did not understand human physiology and variability.

Much has changed since the Clean Water Act (CWA) was passed in 1972, but not how water quality is regulated. Existing environmental data analyzed with advanced statistical models can bring CWA regulatory compliance into the 21st century. With global warming, and societal concerns about sustainability, modernizing regulatory compliance benefits everyone. The use of maximum concentration limits (MCLs) on individual chemical ions or collections such as total dissolved solids (TDS) applied to all water bodies regardless of type or geographic location is similar to the way medicine was practiced centuries ago when we did not understand human physiology and variability.

Dissolved metals such as copper, cadmium, and zinc can be toxic to aquatic life, particularly fish. The current tool used to estimate site-specific water quality criteria for a metal is the biotic ligand model (BLM). The BLM intends to quantify how water chemistry affects speciation and biological availability of metals in aquatic ecosystems. This is important because bioavailability and bioreactivity of metals control their potential for acute or chronic harm. A BLM incorporates aquatic chemistry, fish physiology, and ecotoxicology but not ecology.

Project objectors may claim that mining and energy projects cannot create “real” treams and lakes during reclamation. Regulators ask operators to respond, and too often responses are inconclusive. Delays, litigation, or expensive eforts that inadequately address those concerns follow. Non-ecologists might accept claims of adverse environmental impacts by man-made streams and lakes. However, when complete ecosystems are correctly characterized and classified the dynamics of natural and man-made water bodies are indistinguishable.

Chemical standards are appropriate for human drinking water sources, but generally not for non-potable waters supporting fish and wildlife. This is because water chemistry is highly variable, measurements are isolated in time and space, and point measures are difficult to interpret as suitable for fish and wildlife. Biological-based standards of water quality are more appropriate because the presence of aquatic organisms reflect water quality integrated over time and space. Download the PDF.

Toxic metals and organics commonly occur in very low concentrations in water, sediments, soils, and rocks. These concentrations are so low they cannot be quantified by analytical chemists and today’s instruments. Censored data are commonly mis-analyzed with potential costly, unnecessary, or harmful results. EPA regulations and guidelines often tell data analysts to ignore (drop) censored data or substitute an arbitrary value. The results of dropping or substituting arbitrary values are wrong.

Climate warming, unpredictable weather, and other factors that you cannot control could harm your business’s profitable sustainability. Understanding environmental science and regulatory permits and compliance provide you with the knowledge and tools to quickly adapt to these changes. Acting now is especially important because the future is uncertain and the present is constantly changing. Avoiding environmental permit compliance actions is much better than resolving them after they appear. This commentary explains environmental science as it affects compliance with regulatory permit conditions and helps you defend against litigation alleging your operation adversely effects the natural environment.

Water is found everywhere on Earth and is one of the most basic and common substances. It is the only natural substance that exists in all three physical states: solid, liquid, and gas. While most water is found in the oceans there is constant exchange of water between the oceans, atmosphere, and land. These complex exchanges are described by the hydrologic cycle. This document focuses on precipitation and surface water flows to and in streams and rivers and the management of excess precipitation runoff to comply with the federal Clean Water Act (CWA).