           Notes from the meeting with US Fish and Wildlife Services
                               October 20, 2023

Attendees: Tracy Bone, Meghan Hessenauer, Adrian Hanley, Mark A. Fischer, Erik Orsak, Matthew S. Johnson, Courtney Dvorsky, and Karen Myers

Agenda
 Introductions  -  Meghan Hessenauer, WET Methods Coordinator
 Proposed Routine Methods Update Rule (rMUR) scope and timeline  -  Tracy Bone, rMUR Rule Manager
 Whole Effluent Testing (WET) program history and requirements for evaluation  -  Meghan Hessenauer
 US FWS Need for Mussel WET Method and Data Resources  -  Mark Fisher
 Next Steps

Purpose of the Meeting:  To discuss a request by the US FWS submitted as a comment to the docket (EPA-OW-HQ-2022-0901) on the proposed Routine Methods Update Rule (MUR) (2/21/2023, 88 FR 10725). In the comment, US FWS asked that EPA consider incorporating ASTM's Standard Guide for Conducting Laboratory Toxicity Tests with Freshwater Mussels (ASTM-E2455-22) into Table 1A of the Clean Water Act regulation describing approved methods (see 40 CFR 136.3).

USEPA explained that we should not include a new method in a final rule that was not also included in the proposal (for public comment). In addition, as stated in the proposed rule (page 10725) this rulemaking is intended for only routine method approvals such as minor revisions and not, "Method withdrawals, methods for parameters not currently listed under 40 CFR Part 136 and new methods not submitted from VCSBs..."  A mussel toxicity test would be a new parameter and is better suited to a full MUR (i.e., non-routine MUR).  Even though a mussel (or other mollusk) toxicity method is not appropriate for this rule, EPA can consider such a method in a future MUR. EPA has a duty to (among other things) assess conformance to regulatory or other requirements and assure that the new methods and new parameters meet the needs of the Clean Water Act programs, and EPA priorities.

US FWS noted that they are working on several projects aimed at protecting mollusks and specifically freshwater mussels. As noted in their comment, mollusks have the highest documented number of extinctions of any major taxonomic group. This decline is well-recognized for North American freshwater mussels with an increasing number of freshwater mussel species being federally listed or proposed as threatened or endangered species under the Endangered Species Act. To aid these efforts, US FWS is lacking a mechanism and tools to monitor the mollusks.  There is no alternative species for mussels in the approved WET methds.

Next Steps
US FWS will explore ASTM support for submittal of their method for EPA review for a future MUR and also for providing the data and information supporting the ASTM method. EPA will explore, internally, resources and priorities for considering a mussel WET parameter and the ASTM method. The attendees agreed to meet again on this topic shortly after the 2022 Routine MUR is promulgated.