By Cyrus Reed
In the middle of a pandemic, you might be thinking about ways to get outdoors while still practicing physical distancing. Well if you plan on visiting a river, reservoir or stream, one thing you might consider is just how safe it is to swim in that water body, and how to make sure it stays clean if it is.
Under the federal Clean Water Act, Texas must establish water quality standards for all surface water bodies in the state. Those standards differ depending upon the “use” of the bodies of water. In other words, is the stream, river, or reservoir used for public drinking water? Are there important aquatic species that depend upon those water bodies? Do people boat, fish, and swim in them?
The Texas Commission on Environmental Quality (TCEQ) is the agency charged with establishing those standards through a public process. Officially, the Texas Surface Water Quality Standards (TSWQS) can be found in Title 30, Chapter 307 of the Texas Administrative Code, which describes the desirable chemical, physical, and biological conditions for surface water in Texas. In addition, under the same federal law, those standards must be updated every three years, and the Environmental Protection Agency (EPA) must approve any changes. In reality, however, those standards always take longer to go into effect, and until those changes are approved, the state operates under previous standards.
So what standards are we operating under now?
It depends. Texas is actually operating under a collage of standards from the years 2010, 2014, and 2018. While the state did approve new water quality standards in 2018, some aspects of those standards are still being reviewed by EPA, while others are in effect. Thus, the state is operating currently under 2014 and 2018 standards and, for a few limited issues, still operating under the 2010 standards. So there are three different active standards just as the process to develop the 2021 standards begins.
Does it matter?
It matters more than you might think.
The quality standards established for specific water bodies are based on how that water body is used, what level of protection should be maintained, and what types of “discharge” permits can be authorized to release toxic or polluted wastewater into the water body. A water body found to have a healthy and varied aquatic population is better protected from current and future discharges compared to a water body that is navigable but does not support aquatic life, recreation, or other uses. Functionally, the Water Quality Standards are used for assessment, monitoring, permitting, and a process known as Total Maximum Daily Load (TMDL). This refers, essentially, to allowed discharge limits and the process to make sure water bodies stay healthy.
The Sierra Club has participated in these processes and been disappointed over the last 10 years at how the TCEQ frequently downgrades the standards for river bodies, opening up the potential for further degradation. TCEQ argues that if a river or stream is already dirty and doesn’t meet certain standards, then it should be downgraded, essentially ensuring that it never will be cleaned up and could become even more polluted. In fact, in recent years, dozens of water bodies have been downgraded from Primary Contact Recreation (PCR) to Secondary Contact Recreation (SCR), meaning they are no longer considered “swimmable” due to high fecal coliform (bacteria related to feces) levels. TCEQ has been using a process known as “recreational use-attainability studies” to argue that if a river or stream is not being used for swimming or fishing, then it doesn’t need to be protected to those levels. Unfortunately, these degradations are actually a race to the bottom.
Instead, we think that all rivers and streams should be presumed to be navigable, swimmable, and drinkable, and we should aim for those protections except in rare cases to protect public health and the environment. With continued population growth and more industrial development in both West Texas and along the Gulf (mostly for oil and gas extraction and petrochemical refinement or export respectively), winning strong, enforceable water quality standards is more important than ever. These protections are essential for protecting the water holes and the Texans who love to fish, swim, boat, and enjoy them.
What’s on tap for the 2021 standards and how you can comment
The 2021 Texas Surface Water Quality Standards process has already begun. On March 9, before COVID 19 gathering restrictions, the Surface Water Quality Standards Advisory Work Group met. Approximately 50 members, including the Sierra Club, gathered in Austin to hear about the TCEQ’s plans and schedule. Presentations made to the group can be found at the link and go into greater detail than we can cover in this short “blog” but the main point is that work has already begun.
While most of the work will occur later this year and in early 2021, TCEQ has already put some water bodies on a new list for potential rollbacks of water quality protection.
First, the TCEQ is already recommending that two water bodies in Central Texas have particular changes to their “use.” Just north of Austin, in Williamson and Milam Counties, TCEQ is recommending that the Public Water Supply designation for a large portion of Brushy Creek (Segment 1244) be removed. This downgrade would take place from the confluence of Brushy Creek with the San Gabriel River upstream to the most downstream edge of the Edwards Aquifer transition zone. Essentially an area just east of Round Rock all the way to the confluence with the San Gabriel River in Milam County is proposed to have its use changed -- making it easier for a proposed discharge permit to dirty up the creek.
Second, parts of Buckner Creek (Segment 1402C) in Fayette and Bastrop Counties that TCEQ considers “intermittent” would no longer be afforded a “high” quality aquatic life designation, instead receiving an “intermediate” aquatic life use. This particular use change is based on an analysis showing the creek is not perennial much of the year.
Finally, and this is where it gets a little gross, in addition to these proposed use changes, six additional streams are being recommended for a downgrading of their standard for contact recreation (when someone is touching the water like swimming or wading), from “primary” to “secondary.” This would mean they only have to achieve a water quality standard for fecal coliform of 630 colonies per 100 milliliters instead of the much safer standard of 126 colonies per 100 milliliters. Water bodies that only have to meet “Secondary Contact Recreation Standards 1” are presumed to support “activities that commonly occur but have limited body contact related to shoreline activity (e.g. fishing, canoeing, kayaking, rafting, and motor boating).” In other words, downgrading these water bodies means TCEQ is assuming no one is swimming or wading there.
Swimming in waters with high levels of fecal coliform bacteria increases the chance of developing illness (fever, nausea, or stomach cramps) from pathogens entering the body through the mouth, nose, ears, or cuts in the skin. Diseases and illnesses that can be contracted in water with high fecal coliform counts include typhoid fever, hepatitis, gastroenteritis, dysentery, and ear infections. High levels of fecal coliform also impact oxygen levels in streams and rivers, further harming aquatic life.
The six water bodies being recommended to be downgraded from Primary to Secondary Contact Recreation are:
- 0207 Lower Prairie Dog Town Fork Red River
- 0303B White Oak Creek
- 0409B South Lilly Creek
- 0501B Little Cypress Bayou
- 1412B Beals Creek
- 2108 San Miguel Creek
The draft recommendations and Recreational Use Attainability Analysis (RUAA) reports for the water bodies listed above can be found on this TCEQ RUAA webpage.
The Sierra Club will be working on comments on these proposed downgrades but we encourage all our members and supporters -- particularly those who live near these water bodies -- to participate. Comments can be submitted via email to standards@tceq.texas.gov or by mail to: Katherine Lavelle, TCEQ MC-234, P.O. Box 13087, Austin, TX 78711. The public comment period ends April 28, 2020. The TCEQ will not issue a formal response to the comments at this stage. There will be another comment period after the recommendation on recreational use has been formally proposed by TCEQ.
In addition to these recreational changes, TCEQ is considering some potential changes to toxic standards on cadmium, and several other toxic materials, though those changes are still undergoing review. Interestingly, there are no proposals to tighten up standards on methyl mercury, despite well known problems with mercury in fish and in water bodies in Texas. Most of these proposals would weaken not strengthen toxic standards.
What’s next?
There will be an additional SWQS Advisory Working Group meeting in late May -- dependent of course on COVID-19 provisions -- (UPDATE: TCEQ announced late Thursday afternoon (April 23) that the meeting has been postponed. A save the date email will be sent to stakeholders when it is on again, so we'll let you know), and continued work on the draft surface water quality standards until a draft is released in early 2021 for approval by the three commissioners (currently expected in April 2021). The TCEQ is expected to take public comment and schedule at least one public hearing, with final commissioner approval expected in September 2021. After that, the EPA approval process would begin and, of course, take more time. Interested stakeholders like the Sierra Club will make our perspective known to the EPA as to whether the new Texas Water Quality Standards help ensure that Texas rivers, streams, reservoirs, estuaries, and wetlands are sufficiently protected. We will be active, but will need your help to protect and strengthen water quality standards!