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In the winter they’re practically deserted, all but for a few devoted locals and even fewer tourists. But the beaches of Virginia and North Carolina are officially open for business, now that the "unofficial" commencement of the summer season is behind us—Memorial Day.
During the next few months, tourists and locals will flock to the Oceanfront, Oceanview and the Outer Banks. Whether they’re surfers, swimmers or sunbathers, they can carry with them (along with their beach blankets and sunscreen) the knowledge that according to measurements established by the Environmental Protection Agency, area beaches are some of the cleanest in the country.
In fact, according to data based on water samples taken periodically last summer, Virginia ranks third nationally for beach water quality, behind only Delaware and New Hampshire.
That’s the good news.
The bad news is that the measurements and the science used to evaluate beach water quality is grossly out-of-date and antiquated, say environmental groups. So much so that recently the Environmental Protection Agency (EPA) lost a lawsuit filed by the National Resources Defense Council (NRDC) for failing to update public health standards to detect disease-causing bacteria that may end up in beach water.
NRDC filed the lawsuit in Los Angeles District Court last summer after the EPA missed an October 2005 deadline to revise outdated health standards for beach water quality. The mandate came from the BEACH Act, which was passed by Congress in 2000 and stands for Beaches Environmental Assessment and Coastal Health Act.
"The EPA’s delay is unacceptable," said Nancy Stoner, director of the NRDC’s Clean Water Project, based in Washington, D.C.
Complaints concerning current beach water testing standards revolve around two issues: out-of-date technology; and the lag time it takes to retrieve test results and inform the public.
That’s something Ari Lawrence has thought about a lot lately. Lawrence, the Virginia Beach chairman of Surfrider, a national ocean conservancy organization, cites events last summer that prompted swimming advisories at two Oceanfront beaches.
Lawrence believes beach closings and advisories come too late to truly help the public. Infrequent testing combined with an 18 to 24 hour wait for results means swimmers could be splashing around in contaminated water without ever knowing it, he added.
"I think by the time they close the beach, the ocean has already cleaned itself," he said.
At risk is public health. According to NRDC, an estimated 7 million Americans are sickened by contaminated recreational and drinking water every year.
The EPA blamed its failure to meet the deadline on a variety of factors. The agency cited severe weather conditions such as Hurricane Katrina, which utilized resources, and the time consuming studies it must conduct before proposing new standards.
Finding new ways to measure water quality and improving testing measures may not be as difficult as the EPA claims, say experts.
"New technologies are already being tested and worked on at universities throughout the state," said Michele Monti, beach monitoring coordinator for the Virginia Department of Health.
Locally, at the Virginia Institute of Marine Science in Gloucester, researchers are in the process of testing and improving rapid indicators for beach water testing. Other research facilities across the country are also working on improving testing technology.
The EPA doesn’t actually take the water samples in question—that’s a process that’s filled by municipalities or other government entities. In Virginia, water samples are taken twice-weekly from May through September by the Virginia Department of Health.
Compared to other states, Virginia has been proactive in monitoring beach water quality. The state, said Monti, has been in compliance with federal standards required by the BEACH Act since 2004, one of the first states in the country to do so. Still, those standards were determined in 1986, 21 years ago.
Monti acknowledges that the state can only do but so much with the standards in place.
"It’s the best system we have right now," said Monti. "When new criteria comes out from the EPA, we’ll be poised for compliance. It won’t take us long to catch up."
The measurements and science used to evaluate beach water probably won’t be updated and improved for years—the EPA estimates it will take them until the year 2011 to comply with the BEACH Act.
Whether or not the courts will enforce a more timely deadline remains to be seen. Either way, until better measurements are in place, municipalities and the public have only current guidelines to go by when deciding whether or not it’s safe go in the water.
Last year, Oceanfront beaches at 63rd and 78th street were in violation of current water standards at some point during the summer season and swimming advisories were posted. But the overall picture for Virginia beaches looks good, said Stoner. In 2006, 2 percent of Virginia’s beaches violated current public health standards, a relatively low percentage overall.
"Virginia has some of the best beaches of the coastal states," said Stoner.
North Carolina’s picture is also rosy—2006 data from NRDC reported zero violations for the beaches of Okracoke, Avon, Salvo, Rodanthe and Duck. However, Southern Shores and Nags Head were occasionally problematic, said Stoner.
When new, improved standards are in place, there could be far reaching implications for both state and local governments. If advanced technologies find potential problems missed by current measurements, beach closings might happen more frequently.
"If we have new indicators looking for viruses, pathogens and parasites, it’s a whole new ball game," said Monti. "We don’t know what we’re going to find."
The upshot is state and local authorities will have to address the sources of beach water contamination in a timely manner, say environmentalists, or risk losing coveted tourism dollars and enraging voters. Even better, say advocates, would be stronger policies and procedures for preventing pollution altogether.
"In the long run we’ll be able to pinpoint problems and put a stop to them," said Lawrence, reflecting on the outcome of the EPA lawsuit.
"In the end, I think this will work out for the best." •
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