Water Temperature Guidance Plot
Report published August 2005:
Lochsa River Basin Temperature Guidance Pilot Project—Clearwater SubbasinA Trial Run of EPA's New Regional Guidance
for Development of Water Quality Standards for Temperature
A cooperative Water-Resources Investigation by the:
Environmental Science & Public Policy Research Institute at
Boise State University
Boise, Idaho
Idaho Division of Environmental Quality
Boise, Idaho
EPA Region 10 has issued new guidance for temperature water quality standards for states and tribes to be protective of threatened and endangered fish. DEQ is considering how to implement the guidance and wants to conduct a pilot project in the Clearwater Basin. DEQ would like ESPRI to facilitate pulling together local knowledgeable people and data sets to discuss the use designations for stream upstream of Kooskia based upon water temperature monitoring and fish use. ESPRI will facilitate those discussions, gather data sets, and prepare the results in the form of GIS, maps, and a brief report.
PROBLEM
For the past three years an interagency and regional effort, lead by the Environmental Protection Agency (EPA), has been under way to develop new guidance to states and tribes in EPA Region 10 for development of water quality standards for temperature. This guidance was prompted by the Endangered Species Act (ESA) Section 7 consultation on Oregon water quality standards originating nearly a decade ago, and addresses the needs of endangered salmon, steelhead and bull trout. The guidance is an attempt to assist states and tribes in meeting requirements of the Clean Water Act and the Endangered Species Act. The guidance went through two rounds of public comment, ending last fall, and EPA published the final guidance in April. This guidance sets the expectations for any revision or review of Idaho water quality standards for temperature.
OBJECTIVES
1. Conduct a pilot project for establishing new beneficial use designations and water quality standards sensitive to endangered and threatened fish in the Clearwater Basin above Kooskia, principally for the Lochsa and the Selway and their tributaries.
2. Determine how the new EPA temperature guidance can be implemented in Idaho.
3. Document the process and results as an example for creating new use designations.
APPROACH
The goal is to assemble a group of local biologists and hydrologists to lay out an array of new use designations for the Clearwater basin above Kooskia for the Lochsa and the Selway as envisioned by the new EPA guidance. This effort will result in a proposal for new use designations and the process will be a test of implementing the new guidance in Idaho.
INTRODUCTION
The State of Idaho, lead by the department of Environmental Quality (IDEQ) and with the cooperation of Idaho Fish and Game, is involved in a project to test the application of EPA's new temperature guidance. Specifically the goal is to assemble a group of local biologists and hydrologists to lay out an array of new use designations according to the guidance. The agencies believe the Clearwater drainage above Kooskia focusing on the Lochsa and the Selway is a good place for a pilot project. This pilot effort will result in a proposal for new use designations. The process will test how the new guidance can be implemented in Idaho or what modifications to EPA's guidance might be needed for Idaho.
The Environmental Science and Public Policy Research Institute (ESPRI) of Boise State University proposes to work with the IDEQ to: 1) facilitate meetings of relevant agency and tribal hydrologists and biologists to reach consensus on core fish lifecycle habitat for each species, 2) build a GIS-based database and map of water temperature data, core habitat, and new use designations for the Clearwater drainage basin above Kooskia for the Lochsa and the Selway, and 3) create a map of new use designations and write a brief report to document the decision basis for the new use designations.
BACKGROUND
In 1999, EPA approved water quality standards for temperature for the State of Oregon; NOAA and FWS issued a "no jeopardy" opinion under the Endangered Species Act Section 7 consultation for listed threatened and endangered fish subject to several conservation measures by EPA and Oregon. In 1999 and 2000, EPA coordinated an interagency project to develop regional temperature guidance criteria to protect vulnerable salmonids. EPA issued this temperature guidance in April 2003 and was sued. The court found absence of specificity on where and when the salmonid populations were spawning; the bull trout criteria were a major deficiency. The court ordered EPA to rescind the criteria and issue new criteria. Oregon and EPA collaborated and pursued parallel tracks; the results are (1) new temperature guidance criteria protective of sensitive fish species issued by EPA (Environmental Protection Agency 2003) and (2) new use designations for the State of Oregon (Oregon 2003).
The intent of EPA's new temperature guidance is to enable states and tribes to develop water quality standards which can be approved by EPA in compliance with the Clean Water Act and the Endangered Species Act. While EPA stresses that the temperature guidance criteria are not requirements, the potential impact of the new temperature guidance and potential litigation to protect salmonids cannot be ignored. Idaho is at risk of legal action if it does not attempt to modify its temperature water quality standards to be in line with EPA's new guidance or provide alternative criteria and designations that are equally protective. Therefore, the State of Idaho should work proactively to determine how the guidance might be implemented within the state and if the state might need alternative standards to those of EPA. Any alternative standards must meet the requirements of the Clean Water Act and Endangered Species Act.
Why the Clearwater?
The Clearwater was selected as a test case for several reasons. The Clearwater drainage is important for anadromous and resident fisheries that the new guidance specifically seeks to protect. There is a range of human impact in the watershed. There is an absence of dams and diversions that might complicate use designations. There are no major point sources of heat to consider. In addition, there appears to be a lot of fisheries and temperature data necessary to implement the guidance. It is likely a large watershed will cover the full range of temperatures and uses addressed by the guidance.
APPROACH
Convene a panel of local experts on fisheries and water temperature from the Bureau of Land Management, Forest Service, Fish and Wildlife Service, Nez Perce Tribe, NOAA Fisheries, Idaho Fish & Game and others to join forces with IDEQ in this effort. Though state office staff will lead the effort, the best knowledge resides with local experts. While use designations under the Clean Water Act are clearly the responsibility of IDEQ in Idaho, they are subject to IDEQ Board approval, legislative approval, EPA approval, and ultimately ESA consultation. Therefore, it is believed a joint effort, well-grounded in local knowledge, is necessary to move forward smoothly. Idaho law also requires Idaho's Basin Advisory Groups to be involved in use designations, so the Clearwater BAG will be kept informed of the work along the way.
In an initial meeting, the recommendations of the guidance will be discussed and the willingness and availability of each entity to participate in such an effort. Data needs and sources will also be identified. The success of this project will be determined by the willingness of agency and tribal participants to contribute time and data to the effort.
Since Oregon has implemented the new temperature guidance, its process can serve as a template for the Clearwater. The Oregon process consisted of the following steps: · Compilation of GIS information on locations and life uses of each salmonid species · Simplification and interpretation of EPA's guidance and development of decision rules for when and where temperature criteria apply to uses.
Three threatened and endangered fish inhabit the Clearwater basin at different stages in their lifecycles and different times of the year. These species are fall Chinook, steelhead, and bulltrout. Local hydrologists and fish biologists, through consensus, can delineate stream segments which serve as habitat during the lifecycle of each species. Existing water temperature data will be utilized to identify core habitat areas. Water temperature data can be compared with use designations to indicate potential problem areas for fish and where disconnects between biological desirability and physical reality exist. New beneficial use designations may be assigned based upon use and habitat requirements.
OBJECTIVES OF THE PROPOSAL
The objective of the proposal is to support IDEQ's effort to conduct a pilot project for implementing the new EPA temperature guidance. In a cost-sharing arrangement to facilitate the success of the trial project, ESPRI will:
1) Facilitate meetings of relevant agency and tribal hydrologists and biologists to reach consensus on core fish lifecycle habitat for each sensitive species,
2) Build a GIS-based database of water temperature data, core habitat, and new use designations for the Clearwater drainage basin above Kooskia for the Lochsa and the Selway, and
3) Create a map of new use designations and a brief report to document the decision basis for the new use designations.
The first task, working in conjunction with IDEQ, will help to build a consensus on fish life stages and habitat use. The second task will provide the critical data for evaluation of the temperature criteria, and do so in an easy to use format. The third task is to produce a map of new designations and a report capturing the decision-making process. This work will be done in close consultation with IDEQ to insure that it meets the needs and timeframe of the Clearwater project.
TIME AND BUDGET
The overall effort should take no more than 8 months. The Geophsyical Research Facility will provide GIS-support for ESPRI. ESPRI will commit $20,000 from funds received from the US Forest Service through its state and private forestry program toward this effort. Costs and a workplan are summarized in the following tables.
Costs -
FY2004
$20,000 (IDEQ)$20,000 (ESPRI)Workplan
FY2004
Facilitate meetings of relevant agency and tribal hydrologists and biologists to reach consensus on fish life stages and habitat use. X
Gather existing water temperature data from meeting participants and other willing entities. X
Prepare a GIS-based map capturing new beneficial use designations and basis for each decision. X
Write a brief report to accompany the map. X
References
Oregon Department of Environmental Quality. 2003. Water Quality Standards: Beneficial Uses, Policies, and Criteria for Oregon. OAR 340-041. Water Pollution Division 41, Portland, Oregon.
U.S. Environmental Protection Agency. 2003. EPA Region 10 Guidance for Pacific Northwest State and Tribal Temperature Water Quality Standards. EPA 910-B-03-002. Region 10 Office of Water, Seattle, WA.
view the powerpoint slides about this projectThis page last reviewed April 2004