http://pubs.acs.org/doi/full/10.1021/es901664n?cookieSet=1

Is regulation on ocean acidification on the horizon?
Noreen Parks
Environ. Sci. Technol., 2009, 43 (16), pp 6118-6119
DOI: 10.1021/es901664n
Publication Date (Web): June 24, 2009
Copyright © 2009 American Chemical Society

With mounting evidence that ocean waters 
worldwide are turning more acidic, scientists 
have issued ever more urgent pleas for policy 
makers to recognize that this phenomenon is a 
direct and real consequence of rising levels of 
atmospheric CO2. Researchers warn that as ocean 
pH falls, the capacities of calcifying marine 
organisms to build shells and skeletons will be 
severely reduced, in all likelihood causing 
widespread impacts on marine ecosystems. In June 
2009, a statement endorsed by 70 national science 
academies emphasized that the issue must be on 
the agenda at the upcoming global climate talks 
in Copenhagen. "To avoid substantial damage to 
ocean ecosystems, deep and rapid reductions of 
global CO2 emissions by at least 50% by 2050, and 
much more thereafter, are needed," the statement 
warned.
On the U.S. domestic policy front, the Federal 
Ocean Acidification Research and Monitoring Act 
was signed into law in March 2009 to fortify 
funding for research on ocean acidification, 
which is dubbed "global warming's evil twin". 
Otherwise, the issue has garnered little 
attention from the government. However, that may 
be about to change.
On May 14, the nonprofit Center for Biological 
Diversity filed the first federal lawsuit on 
ocean acidification, charging that the U.S. 
Environmental Protection Agency (EPA) failed to 
comply with its mandate under the Clean Water Act 
(CWA) to protect Washington State's ocean waters 
from pollutants such as excessive CO2. The 
lawsuit follows the Center's 2007 petition to EPA 
to update water-quality criteria for marine pH 
under CWA. On April 15, EPA responded to that 
petition by initiating a public process to 
collect information about ocean acidification, in 
order to review the current criterion for marine 
pH and determine if a revision is warranted.
        *
CWA and pH

Section 303(d) of CWA requires states to identify 
water bodies under their jurisdiction that fail 
to meet standards set by the states in accordance 
with EPA guidelines. States are obliged to review 
their listings of such "impaired" waters 
biennially and submit them for approval to EPA, 
which has the authority to amend the lists if the 
agency determines that degraded water bodies have 
been omitted. "Once a water body is listed, 
either the states or EPA must address the 
impairment, establishing limits for identified 
contaminants that the waters can receive and 
still meet water-quality standards," Center 
attorney Miyoko Sakashita explains. CWA 
recognizes pH as a conventional pollutant, and 
EPA's current recommended criterion, drafted in 
1976 and adopted by most states, specifies a "pH 
range of 6.5 to 8.5 for marine aquatic life (but 
not varying more than 0.2 units outside of the 
normally occurring range)."
During 2007, the Center sent petitions to 10 
coastal states (Alaska, Washington, California, 
Oregon, Hawaii, New York, New Jersey, Maine, 
Delaware, and Florida) urging that they list 
their ocean waters as impaired "due to decreases 
in pH resulting from anthropogenic CO2 
emissions." When the Washington State Department 
of Ecology began its public water-quality 
assessment process as part of its effort to 
update its list, the Center submitted a l3-page 
letter presenting scientific findings on ocean 
acidification. Without remedial action, the 
letter stated, "Ocean acidification will have 
significant negative impacts on the survival of 
calcifying organisms as well as fish and other 
marine species. Commercial and recreational uses 
will be harmed as a result, which will 
particularly affect the shellfish and fishing 
industries that are so important to Washington 
citizens." Citing studies showing that the pH of 
global ocean surface waters has already declined 
by approximately 0.1 units (turning seawater 30% 
more acidic), the Center alleged that the 
department was ignoring state policy requiring 
corrective action in response to changes of 0.1 
pH units or greater.
Nevertheless, the Department of Ecology's list, 
forwarded to EPA in June 2008, did not include 
marine waters. The reason, according to 
spokesperson Sandy Howard, was: "State law 
requires [that] actual data for specific water 
bodies be used for 303(d) listing purposes, 
rather than broader studies and assumptions about 
the status of waters." She adds, "We acknowledge 
that acidification is happening, but listing 
ocean waters is not the way to address it. How 
can you say where the CO2 originates? What's 
needed is an international protocol on global 
emissions."
The Center's input to EPA during its review of 
Washington's list was likewise shrugged off, and 
in January 2009 the agency approved the list 
without additions. "At the same time, EPA 
informed us of its intention to consider 
reviewing pH criteria and to develop biological 
assessment methods and other technical guidance 
relating to evaluation of the health of coral 
reefs, which are particularly threatened," 
Sakashita says.
To date, most of the other states petitioned have 
yet to finalize their lists, Sakashita notes. The 
legal complaint against EPA essentially mirrors 
the arguments that the Center made while 
Washington was drawing up its list. "Our goal is 
to get EPA and the states to list acidified 
waters and ultimately enact CO2-reduction 
measures." She adds, "Greenhouse gas emissions 
affecting U.S. coastal waters may well originate 
from other countries, but that doesn't weaken the 
need to reduce them state by state, or set 
regional reduction targets."
Because litigation is pending, an EPA spokesman 
says, the agency is unable to comment on the 
lawsuit.
        *
The scientific case

Two major studies published during 2008 did in 
fact demonstrate reduced pH levels in Washington 
waters. In the first, shipboard sampling 
conducted during spring 2007 revealed that 
coastal waters from British Columbia to Baja 
California were considerably more acidic and 
lower in carbonate than expected. "The effects 
were especially pronounced for Washington," notes 
oceanographer and lead author Richard Feely of 
the National Oceanic and Atmospheric 
Administration's Pacific Marine Environmental 
Laboratory.
The second paper reported results from about 
25,000 acidity readings made by University of 
Chicago ecologist Timothy Wootton and colleagues 
from 2000 to 2008 in waters bathed by a major 
current off northwestern Washington. "The results 
showed that overall pH has fallen by more than 
0.2 units since 2000, and detrimental impacts on 
calcifying species are already detectable," 
Wootton says. "Ocean acidification is apparently 
progressing faster in our study area than 
predicted."
However, the pH of seawater is known to fluctuate 
significantly, depending on a host of factors, 
such as temperature, phytoplankton abundance, 
seasonal upwelling of CO2-rich water from the 
depths, and other drivers still being worked out. 
"Coastal waters generally range from 7.4 to 9.0," 
Feely explains, "and the open ocean has seasonal 
as well as diurnal cycles, with pH ranging from 
about 7.9 to 8.5."
Ocean acidification is well established 
theoretically, based on fundamental physics and 
chemistry and modeling informed by vast datasets 
assembled from large-scale research programs; the 
first of these programs was the U.S. Joint Global 
Ocean Flux Study in the 1980s. Moreover, 
laboratory studies on a wide variety of taxa, 
from calcifying plankton and corals to mollusks 
and fish, have revealed a range of harmful 
physiological effects from acidified seawater. 
However, Feely says, "Reliable long-term 
measurements of pH have been limited to a small 
number of instrumented ocean stations. Very few 
direct time-series measurements of pH in U.S. 
coastal waters exist for defining natural 
variability in given areas. [Yet] new criteria 
and any possible regulatory mechanisms would have 
to take variability into account," he says.
        *
Legal hurdles

Even if EPA redefines its pH criterion, the 
agency may not have the authority under CWA to 
compel states to enforce new programs for curbing 
the CO2 emissions that are responsible for 
decreased pH, says Holly Doremus, a professor of 
environmental law at the University of California 
Berkeley. "Also, where the science is uncertain, 
states can deviate from EPA criteria if they can 
make plausible arguments to do so." Furthermore, 
she points out, "Nonpoint pollution sources don't 
require discharge permits under CWA, so there's 
no easy hook for addressing enforcement. And 
atmospheric CO2 is the ultimate nonpoint 
pollution source."
However, Sakashita contends, "EPA has created 
regional pollution-reduction targets for mercury, 
another pollutant deposited from dispersed 
atmospheric sources, including international 
ones. We have the tools to do this for CO2 also 
under the CWA."
It remains to be seen whether the Center's 
lawsuit succeeds in enlisting CWA to play a role 
in addressing one of the most ominous aspects of 
climate change. Meanwhile, EPA is winning kudos 
for its willingness to revisit its marine pH 
standard. "It's very appropriate that we do this 
now," says marine biologist Vicky Fabry of 
California State University San Marcos, who has 
lobbied long for more ocean monitoring. "It's 
essential information for a better understanding 
of ocean acidification and its effects on marine 
ecosystems," she says.
Sakashita is also encouraged. "It's the first 
time EPA has acknowledged the reach of CWA to 
ocean acidification, and we hope it will provide 
states with new standards based on the best 
science available," she says.
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