AquaTox Research, Inc.

The Clean Water Act of 1972 established a set of objectives related to the protection of America’s water resources by limiting the scope and/or volume of chemicals discharged to its surface waters. The initial focus of determining the environmental acceptability of wastewaters was limited to analytical measurements of the concentrations of individual chemicals in complex waste streams. This approach was ultimately determined to be insufficient due to the recognition that organisms respond to the concentration of bioavailable contaminants and not necessarily the total concentration as measured in most analytical procedures. And given the lack of analytical procedures for the tens of thousands of registered chemicals, the objectives of the legislation were simply not feasible. Organisms will also respond to the totality of contaminants present and those contaminants in combination may create either synergistic or antagonistic effects that could under- or overestimate toxic effects. This evolution in understanding and enlightenment led to the development of Whole Effluent Toxicity (WET) testing methods in the mid 1980s prompting the “birth” of the biomonitoring industry.

AquaTox Research, Inc. (ARI) was founded as a spin-off from a Syracuse, NY based organization in 1992 by Dr. Frank Doherty, a lab manager with that organization since 1987. The scope of aquatic toxicity testing and consulting services offered since the Corporation’s inception has shifted over time to align with the data demands of the local regulatory community. This field would not exist without the regulatorily driven testing requirements from state and federal agencies to comply with environmental legislation. Dr. Doherty and ARI have witnessed and participated in its evolution since its first days 33 years earlier. Most recently, since 2022, NYS has required its aquatic toxicity testing contractors to be accredited by the NYS Department of Health through the Environmental Laboratory Accreditation Program (ELAP), creating requirements for technical competence alongside independently audited quality assurance.”

“The singular goal of the Corporation is to help companies not pollute,” says Dr. Francis Doherty, lab director.

This mission is carried out through two primary functions. The first function is to conduct routine acute and chronic toxicity tests with the fathead minnow, Pimephales promelas, and the aquatic invertebrate cladoceran, Ceriodaphnia dubia. New York State regulators typically require quarterly toxicity tests with both species for one year out of a 5-year permit cycle. If during that process test results exceed the limits published in a facility’s discharge permit, there is a testing requirement referred to as a Toxicity Identification/Reduction Evaluation (TI/RE). The second function of ARI is to assist permittees either locate the source and/or identity of the toxic materials and suggest approaches for remediation within a TI/RE program. ARI utilizes a non-traditional approach to the application of TI/RE programs relying on the expertise and knowledge of plant operators in conjunction with targeted toxicity testing activities to achieve compliance.

The NYS Department of Environmental Conservation also routinely requires permittees to perform compliance testing when Water Treatment Chemicals (WTC) are put into service. ARI provides compliance testing either through toxicity tests of the WTCs themselves or routine WET testing to demonstrate environmental acceptability of the treated wastewater. Outlining the toxicity profile of WTCs to the standard test organisms is required to ensure an adequate safety factor between toxicity test limits and proposed dosage rates in contrast to the issuance of conditional approval for the use of the WTCs contingent upon demonstrating environmental acceptability in a series of routine effluent toxicity tests.

Along with its standard freshwater toxicity testing services, ARI provides an informational resource through a series of educational videos posted on the Corporation’s website, addressing a range of issues raised by clients. To support and coordinate this service, ARI provides customer service through staff availability for consultation and user-friendly reporting formats.

ARI has worked with dozens of clients in the TI/RE phase of testing. The TI/RE process typically begins with the development of an Action Plan prepared by the permittee in conjunction with input and guidance from ARI before submittal to the NYS DEC for approval. ARI may then work with a client to prepare periodic progress reports and interact with DEC personnel when technical issues arise. Subsequent actions are then focused on creating practices and policies to avoid future non-compliance events.

A successful resolution to non-compliance with permit toxicity limits may be as simple as recognizing the presence and impact of total dissolved solids (TDS) in a facility’s wastewater originating from surface runoff during winter. Alternately, a facility’s toxic effluent condition could originate internally through overuse of WTCs or externally from industrial users exceeding their predetermined discharge limits. In those instances, clients are advised to review their usage of WTCs to ensure the load matches the demand. Adjustments to the WTC feed rates are then followed by additional toxicity testing to determine if there has been a reduction in toxicity. Identifying external sources of toxicity typically involves tracking the toxicity of influent streams either spatially or temporally to determine the highest probability source. ARI may also suggest alterations to typical test designs or wastewater sampling patterns to provide clues as to the source and/or identity of the toxic material. Testing strategies could utilize either routine test species or the rapid luminescent microbial test system, Microtox®.

As the industry enters its 5th decade of existence, lab managers routinely cope with a number of “Standard Operating Difficulties.” The scope and application of WET Testing requirements may vary from state to state or EPA regions creating a patchwork of policies and requirements to keep abreast of. Given the nature of chronic (7-day) test protocols and managing cultures of living organisms, staffing a 365-day a year operation is a basic requirement. The testing process requires the collection and shipment of significant volumes of water within a fixed holding time. Failure of national courier service companies to satisfy scheduled delivery times is not uncommon. The quality of receiving waters used to create dilutions of whole wastewater samples may vary by sampling location or season and fail to support the test organisms in control treatments. NY has also seen a gradual erosion in the number of biomonitoring contractors available to provide these services due to the “graying” of the founders from the mid-1980s and their retirements. This trend in NY conflicts with the ever increasing demand for more testing services spurred on by increasing regulatory testing requirements.

Biological monitoring laboratories are the backbone that supports the objectives of the CWA with protection of the aquatic environment reflecting a collaborative effort among permittees, contractors and government regulators. This three-legged stool of a relationship requires each party to be an active participant. Any erosion of the existing regulatory framework, closure of biomonitoring laboratories or lack of commitment by treatment plant operators will degrade the quality of America’s surface waters and deprive us all of the aquatic resources we currently enjoy.