Agwcy
Offcaof
Wm
(WH-68B
Reference Guide to
Water Quality Standards
for Indian Tribes
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Preface
Hie purpose of this booklet is to provide Indian Tribes with an overview of the water quality standards
program requirements and with a guide to existing EPA reference materials on the program. The reference
materials include applicable regulations, policies, guidance documents, and technical support documents and
manuals.
The booklet is designed primarily for Indian Tribes that wish to qualify as States for the water quality
standards program. Therefore, the text is written 'Indian Tribes « • * .' The complete term should read "States
and Indian Tribes qualifying as States for the water quality standards program • * • ." Because Indian Tribes
qualifying for treatment as States for the water quality standards program and States must meet the same statu-
tory and regulatory requirements. State and interstate agencies involved in establishing standards may find this
booklet useful.
The booklet is divided into several chapters with each chapter containing a brief overview of the topic and
lists of the appropriate references to consult for further information. The number following the reference refers
to the number of the reference listed in Appendix A where the reader can obtain information on the full citation
for the reference and on its availability. Chapter I is an introduction to the water quality standards program with
an overview of the statutory and regulatory requirements. Chapters II and III discuss Tribal participation in the
program, providing background information as well as a summary of the amendments to the water quality
standards regulation that pertain to standards on Indian reservations. Chapters IV through VIII take the reader
stcp-by-stcp through the development, adoption, and approval of water quality standards.
Included in the booklet are several appendices. Appendix A briefly describes the contents of available ref-
erence materials on the water quality standards program. Appendix B provides a list of contacts in EPA Re-
gional Offices and Headquarters who can answer questions on water quality standards. Appendix C is a ma(.
of the geographical boundaries for the EPA Regional Offices. Appendix D contains a copy of Section 518 ot
the Clean Water Act.
We hope Indian Tribes will find this booklet useful for identifying and obtaining information needed to es-
tablish water quality standards for reservation waters.
William R. Diamond, Director
Criteria and Standards Division
Preface
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Table of Contents
I. Introduction
A. Clean Water Act
B. Water Quality Standards
C. EPA Authority
D. Tribal Authority
II. Background to Tribal Participation in the Water Quality Standards Program 3
A. EPA's Indian Policy 3
B. Section 518 of the Clean Water Act Amendments of 1987 3
III. Proposed Amendments to the Water Quality Standards Regulation that Pertain to Standards on Indian
Reservations , 4
A. Qualifying for Treatment as a State 4
B. State-Tribal Dispute Resolution Mechanism 5
IV. Developing Water Quality Standards 6
Introduction 6
A. Waters Requiring Water Quality Standards 6
B. Determining Designated Uses 6
C. Adopting Water Quality Criteria 8
D. Antidegradation Policy and Implementation Methods 11
E. Additional Policies 11
V. Adoption of Water Quality Standards and Submitta! to EPA 13
A. Public Participation 13
B. Certification by a Legal Authority 13
C. Submittal of Standards Package to EPA 13
VI. EPA Review and Approval/Disapproval of Standards 15
A. Review Process 15
B. Approval 15
C. Disapproval * »» 15
D. Conditional Approval 15
E. EPA Promulgation 15
VII. Implementation of Water Quality Standards 17
VIII. Review and Revision of Existing Water Quality Standards 18
A. Requirements 18
C. Subrruttal to EPA 19
Appendix A. List of EPA References for Further Information
Appendix B. EPA Regional Offices and Headquarten Contacts
Appendix C. Map of Geographical Boundaries for EPA Regional Offices
Appendix D. Section 518 of the Clean Water Act
Table of Contents
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I. Introduction
A. Clean Water Act
In response to public concern about the status of
our Nation's waters. Congress enacted the Federal
Water Pollution Control Act Amendments of 1972.
Collectively these amendments are known as the
Clean Water Act (CWA). The objective of the CWA
is 'to restore and maintain the chemical, physical, and
biological integrity of the Nation's waters." One in-
terim goal of the CWA is that wherever attainable,
water quality should provide for the protection and
propagation of fish, shellfish, and wildlife and provide
for recreation in and on the water. In 1987, Congress
amended the CWA by authorizing EPA to treat an
Indian Tribe as a State for the purposes of the Act if
the Tribe meets certain criteria.
B. Water Quality Standards
Section 303 of the CWA authorizes the water
quality standards program. Water quality standards
are rules or laws that are adopted to protect the public
health and welfare, enhance the quality of water, and
serve the purposes of the CWA by providing, wher-
ever attainable, for the protection and propagation of
fish, shellfish, and wildlife, and for recreation in and
on the water. These uses are commonly referred to
as the "fishable/swunmable* goals of the Act.
In establishing water quality standards, Tribes de-
fine the water quality goals for their waters by desig-
nating uses for the water bodies and adopting water
quality criteria to protect the designated uses. Stand-
ards are set taking into consideration the use and
value of the water body for public water supply,
propagation of fish, shellfish, and wildlife, and for
recreational, agricultural, industrial and navigational
purposes. Water quality standards also contain an
antidegradation policy. At a minimum, the
antidegradation policy ensures the maintenance and
protection of existing uses and water quality necessary
to protect those uses, provides for the protection of
high quality waters, and maintains water quality in
waters that are outstanding national resources.
Water quality standards play a critical role in the
Nation's water quality improvement programs. By
establishing the goals for a water body, water quality
standards provide the regulatory and legal basis for
point source and nonpoint source water quality-based
controls beyond those required by the technological
requirements of the CWA (i.e., best available tech-
nology, pretreatment and new source performance
standards). Water quality standards are enforced
through the national pollutant discharge elimination
system's (NPDES) water quality-based permits and
through nonpoint source control programs.
C. EPA Authority
EPA develops regulations, policies, and guidance
to facilitate the implementation of the water quality
standards program. In addition. EPA is responsible
for reviewing and approving or disapproving water
quality standards. EPA also promulgates Federal
water quality standards under certain conditions.
D. Tribal Authority
Indian Tribes qualifying for treatment as States
are responsible for establishing water quality stand-
ards and for reviewing and revising these standards at
least once every three years.
REFERENCES
• All Tribes interested in developing water quality
standards initially should obtain EPA s Water
Quality Standards Regulation 40 CFR Part 131
(48 FR 51400, November 8, 1983). The regu-
lation describes the requirements and procedures
for developing, reviewing, revising, and approv-
ing water quality standards. (1)
A useful reference for those new to the water
quality standards program is Introduction to
Water Quality Suutards, (1988). (4)
I. Introduction
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To keep up-to-date on national developments Newsletter, Criteria and Standards Division. Of-
and activities of EPA's water quality standards foe of Water Regulations and Standards. (5)
program. Tribes may subscribe to the
I. Introductio*
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II. Background to Tribal Participation in the Water
Quality Standards Program
There are two important developments leading to
a greater involvement by Indian Tribes in the water
quality standards program -- EPA's Indian Policy and
Section 518 of the 1987 Amendments to the CWA.
Policy and Implementation Guidance can be
found in Environmental Activities on Indian Rtf-
tnatioiu: FY 88, (1989). (31)
A. EPA's Indian Policy
On January 24, 1983, the Federal government es-
tablished a Federal Indian Policy to treat Tribal gov-
ernments on a govemment-to-govemment basis and
to support the principle of self-determination and lo-
cal decision making by Indian Tribes. EPA subse-
quently adopted its own Indian Policy and
Implementation Guidance in November, 1984.
EPA's Indian Policy directs the Agency to 'give
special consideration to Tribal interests in making
Agency policy and to ensure the close involvement
of Tribal governments in making decisions and man-
aging the environmental programs affecting reserva-
tion lands.* In implementing this policy, EPA works
directly with Tribal governments as independent au-
thorities for reservation affairs, and not as political
subdivisions of States.
REFERENCE
• More detailed information on EPA's Indian
B. Section 518 of the Clean Water Act
Amendments of 1987
The 1987 Amendments to the CWA added Sec-
tion 518. This section authorizes EPA to treat
Federally recognized Indian Tribes as States for cer-
tain provisions of the Act, including the water quality
standards program. Section 518 requires EPA to
promulgate regulations specifying how Indian Tribes
can qualify for treatment as States based on three
broad criteria contained in Section S18(e). In addi-
tion. Section 518 requires EPA to establish a mech-
anism to resolve unreasonable consequences that may
arise from an Indian Tribe and a State adopting dif-
ferent water quality standards on common bodies of
water.
REFERENCE
• Section 518 of the Clean Water Act is contained
in Appendix O.
II. Background to Tribal Participation in the U tiler Qu*lit) S(«iMl*nU Program
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HI. Proposed Amendments to the Water Quality Standards
Regulation that Pertain to Standards on Indian Reservations
The first step for an Indian Tribe that wishes to
set water quality standards on its reservation is to
qualify for treatment as a State for the water quality
standards program.
EPA proposed a rule (54 FR 39098) on September
22. 1989. to define how an Indian Tribe can qualify
for treatment as a State for the Section 303 water
quality standards and Section 401 certification pro-
grams. The proposal also establishes a dispute resol-
ution mechanism for situations where there are
unreasonable consequences resulting from a State and
Tribe adopting different water quality standards for
common water bodies.
A. Qualifying for Treatment as a State
The proposed rule adds a new section to the Code
of Federal Regulations. 40 CFR 131.8, that includes
the criteria a Tribe will be required to meet to be
treated as a State, the specific information the Tribe
would be required to provide in its application to
EPA, and the procedure EPA will use to process the
Tribal application.
I. Criteria Tribes are Required to Meet
An Indian Tribe may qualify for treatment as a
State for the purposes of the water quality standards
program if the Tribe meets the following criteria:
a. The Tribe is recognized by the Department
of the Interior and meets the definitions
found in Section 518 of the Clean Water
Act;
b. The Tribe has a governing body carrying out
substantial duties and powers;
c. The Tribe possesses and can adequately
demonstrate authority to manage and pro-
tect water resources within the borders of the
reservation; and
d. The Tribe is reasonably expected to be ca-
pable, in the Regional Administrator's
judgement, of carrying out the functions of
an effective water quality standards program.
The CWA authorizes the use of existing Tribal
regulatory authority for managing EPA programs. It
does not grant additional authority to Tribes.
REFERENCE
• Detailed information on requirements for quali-
fying as a State are in section 131.8(a) of the
proposed rule (54 FR 39098, September 22,
1989). A discussion of these requirements is in
the preamble to the proposed rule (54 FR 39101,
September 22, 1989). (2)
2. Information Required in an Application
A request by an Indian Tribe for treatment as a
State for the water quality standards program should
be submitted to the appropriate EPA Regional Ad-
ministrator. Application materials include statements
and documentation addressing the required criteria for
treatment as a State (see l.a. - l.d. above). The Re-
gional Administrator also may require additional
documentation.
If a Tribe qualifies fr . raiment as a State under
other CWA or Safe Dru .-ng Water Act programs,
then the Tribe needs only to provide the information
specific to the water quality standards program that
has not been submitted in their previous
application(s).
REFERENCE
• Detailed information on the required application
materials to qualify for treatment as a State is in
section 131.8(b) of the proposed rule (54 FR
39098, September 22, 1989). A discussion of
these requirements is in the preamble to the
proposed rule (54 FR 39101 - 39102, September
22. 1989). (2)
III. Proposed Amendment* to the \\alcr Qimlil) Standard* Regulation that Pertain to Standard* on Indian Kex:r\atiun» 4
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3. Procedure for Processing an Application
Several steps are involved in EPA's processing of
a Tribe's application for treatment as a State. First,
EPA will notify the Tribe promptly that the Agency
received the application. Then, within 30 days of re-
ceipt of the application, the Agency will notify ap-
propriate governmental entities (neighboring Tribes
and States) of the application and the substance and
basis for the Tribe's assertion of authority over reser-
vation waters. These governmental entities will have
30 days for review of and comment on the Tribe's
assertion of authority.
If a Tribe's asserted authority is challenged by
another governmental entity, EPA will consult with
the Tribe, the challenging entity, and the Secretary of
the Interior, and independently determine whether the
Tribe has demonstrated its authority to regulate water
quality on the reservation. If EPA determines that
the Tribe has not adequately demonstrated its au-
thority on a disputed area, then Tribal assumption of
the standards program would be restricted to non-
disputed areas.
EPA will promptly notify the Tribe when the
Agency determines that the Tribe has qualified for
treatment as a State for the water quality standards
program. If EPA determines that the Tribe does not
meet the requirements to qualify for treatment as a
State, the Tribe can resubmit the application at a fu-
ture date. If the Tribal application is deficient or in-
complete, EPA will specify the necessary changes.
REFERENCE
• The procedure for processing a Tribe's applica-
tion is in section 131.8(c) of the proposed rule
(54 FR 39098, September 22, 1989). A dis-
cussion of these requirements is in the preamble
to the proposed rule (54 FR 39102, September
22, 1989). (2)
B. State-Tribal Dispute Resolution
Mechanism
Section 518 of the CWA requires that EPA es-
tablish a mechanism to resolve any unreasonable
consequences arising as a result of different water
quality standards that may be set by States and Indian
Tribes for a common body of water.
EPA is proposing that State-Tribal disputes be
resolved by mediation or non-binding arbitration.
The proposed rule emphasizes the use of mediation
because such an approach is consistent with the es-
tablishment of State-Tribal cooperative agreements in
Section S18(d) of the CWA. A third technique, vol-
untary binding arbitration, is an option only where
all parties consent. In addition, EPA has proposed a
dispute resolution default procedure to be used where
one or more parties refuse to participate in mediation
or arbitration. Mediators and arbitrators will be EPA
employees, employees of other Federal agencies, or
other individuals with appropriate qualifications.
Either a State or Tribe may request EPA to re-
solve a dispute. The proposed rule lists the require-
ments for written requests for EPA involvement.
In determining whether to approve water quality
standards. EPA will disapprove water quality stand-
ards that are less stringent than necessary to comply
with the CWA. Based on Section 510 of the CWA.
EPA must approve water quality standards that are
more stringent than those required by the Act. EPA
does not have the authority to disapprove State or
Tribal water quality standards that EPA considers
more stringent than necessary to comply with the
CWA.
REFERENCE
• Detailed information on State-Tribal dispute re-
solution mechanisms, including the conditions
and required procedures, is in section 131.7 of the
proposed rule (54 FR 39098. September 22,
1989). A discussion of this dispute resolution
mechanism is in the preamble to the proposed
rule (54 FR 39099 - 39101, September 22, 1989).
(2)
The remainder of this booklet describes the proc-
ess of developing, adopting, and reviewing water
standards.
III. Proposed Amendments to the Water Quality Standards Regulation that Pertain to Standards on Indian Reservations 5
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IV. Developing Water Quality Standards
Introduction
After qualifying for treatment as a State, a Tribe
has several options for establishing water quality
standards on its reservation. These options include:
I. Negotiation of a cooperative agreement with an
adjoining State to apply the State's standards to
the Indian lands;
2. Incorporation of the standards from an adjacent
State as the Tribes's own, with or without re-
vision; or
3. Independent Tribal development and adoption
of water quality standards that may account for
unique site-specific conditions and water body
uses.
The options represent a range of resource com-
mitments. The first two options would be the quick-
est and least costly ways of establishing Tribal water
quality standards. Option 3 requires more time and
resources to implement because it requires the Tribe
to create an entire set of water quality standards 'from
scratch.'
The development of Tribal water quality stand-
ards is a continual process. At least once every three
years a Tribe must review and, if appropriate, revise
its water quality standards. The Tribe may change its
approach for establishing standards in subsequent
triennial reviews. For example, Tribal standards may
evolve from the adoption of existing State standards
to a rule entirely of Tribal origin.
Several steps are involved in developing water
quality standards for reservation waters. A Tribe
must (A) identify all surface waters requiring stand-
ards. (B) designate uses for each water body or por-
tion of a water body, (C) set criteria to protect
designated uses, (D) adopt an antidegradation policy
and implementation methods, and (E) as appropriate.
adopt additional policies affecting the application and
implementation of standards. These steps are de-
scribed below.
REFERENCE
• A detailed discussion of the options available for
establishing water quality standards on Indian
lands is in the preamble to the proposed rule (54
FR 39102 - 39103, September 22, 1989). (2)
A. Waters Requiring Water Quality
Standards
Water quality standards are adopted for 'waters
of the United States", including all riven, streams, in-
termittent streams, lakes, natural ponds, wetlands, and
marine waters such as estuaries and near-shore coastal
waters. Water bodies may be segmented such that,
where appropriate, different standards may apply to
different segments of the same water body. "Waters
of the United States' does not include groundwater.
Artificially-created waters, such as irrigation
ditches and canals, may be defined as "waters of the
United States." The need to develop water quality
standards for artificially-created waters is determined
by EPA and the Tribe on a case-by-case basis.
REFERENCE
• The regulatory definition of "waters of the United
States' can be found in the Na, ^nal Pollution
Discharge Elimination System regulation '40
CFR 122.2) and the Section 404 Regulation (40
CFR 230.3).
B. Determining Designated Uses
1. Use Classification System
Each Indian Tribe develops a use classification
system that describes the uses of water bodies to be
protected. At a minimum, water quality standards
must provide for the protection and propagation of
fish, shellfish, and wildlife, and for recreation in and
on the water. In addition, uses may include public
water supply, water supply for agricultural, industrial,
and commercial uses, and navigation.
IV. Developing Water Quality Standards
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The CWA also allows a Tribe to adopt use cate-
gories for other purposes, as long as those uses and
associated criteria enhance the quality of the water
and serve the purposes of the Act. Waste transport
and waste assimilation are not acceptable uses.
Tribes may adopt subcategories of a use and set
criteria to reflect the different needs of these subcate-
gories. One example is dividing recreation into the
subcategories of recreation "in* the water (swimming)
and recreation 'on* the water (boating). Another ex-
ample is dividing protection of fisheries into cold wa-
ter and warm water fisheries.
REFERENCES
• For EPA guidance on use classification systems
see Chapter 3 of the Water Quality Standards
Handbook, (1983). Appendix A of Chapter 3
contains a sample use classification system. (6)
A summary of State use classifications can be
found in the document 'Designated Uses', one
of the Water Quality Standards Criteria Sum-
maries; A Compilation of State I Federal Criteria,
(1988). (19)
For a sample of a use classification system for
Tribal water quality standards see the water
quality standards for the Colville Indian Reser-
vation (54 FR 28627 - 28629, July 6, 1989). (3)
2. Existing Uses
Existing uses are those uses actually attained in a
water body on or after November 28, 1975. Novem-
ber 28, 1975 is the date on which EPA promulgated
its first water quality standards regulation. Because
an existing use has been attained, it cannot be modi-
fied or changed unless uses are added that require
more stringent criteria. When identifying existing
uses, the Tribe should specify uses consistent with the
uses in their use classification system.
REFERENCES
• The regulatory definition of existing uses is in
EPA s Water Quality Standards Regulation (40
CFR 131.3(e)). (I)
Guidance on the interpretation of the term "an
existing use* is in Questions and Answers on
Antidfgradation, (1985). (7)
3. Designated Uses
Each Tribe has the primary responsibility for de-
termining the uses it would like to make of a water
body and incorporate these uses into its standards.
Unless the Tribe can demonstrate that the
fishable/swimmable uses can not be attained (i.e the
Section 101(aX2) goals of the CWA that provide for
the protection and propagation of fish, shellfish, and
wildlife, and recreation in and on the water), the Tribe
must designate, at a minimum, a fishable/swimmable
use for each water body in addition to other uses that
are to be made of the water body.
When designating uses of a water body and the
appropriate criteria for those uses, the Tribe must take
into consideration the water quality standards of the
downstream waters. The Tribe must ensure that the
water quality standards it sets for reservation waters
provide for and do not interfere with the attainment
and maintenance of the water quality standards of
downstream waters.
In some areas, uses are only practical during cer-
tain seasons. If appropriate, a Tribe should adopt a
seasonal use as a way of providing for the protection
ife and recreation in and on
of fish, shellfish, and wild!
the water.
Tribes establishing water quality standards for the
first time should carefully consider the water-body
uses that are appropriate. Removing such uses, while
not impossible, requires a substantial demonstration
that attaining the use is not feasible.
REFERENCES
• Information on the requirements for designating
uses is in EPA's Water Quality Standards Regu-
lation (40 CFR 131.10). A discussion on desig-
nated uses is in the preamble (48 FR 51400 -
51401, November 8, 1983). (I)
General information on designating uses can be
found in Section II of Introduction to Water
Quality Standards, (1988). (4)
For EPA guidance on designated uses see Chap-
ter I of the Water Quality Standards Handbook,
(1983). (6)
4. Use Attainability Analyses
A use attainability analysts is a nJenlifk assess-
ment of the physical, chemical, biological, and eco-
nomic factors that affect the attainment of a use. A
use attainability analysis assists in determining what
uses are possible. It also can assist in determining the
IV. Do eloping Water Qualit} Standards
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point and nonpoint source controls necessary to pro-
tect a use. A use attainability analysis consists of (a)
a water body survey and assessment, (b) a wasteload
allocation, and (c) if appropriate, an economic analy-
sis.
A Tribe is required to conduct a use attainability
analysis when it designates a use that does not include
the protection and propagation of fish, shellfish, and
wildlife, and recreation in and on the water. However,
use attainability analyses are not required when des-
ignated uses are consistent with fishable/swimmable
uses.
Use attainability analyses are the responsibility of
each Tribe, but the actual studies may be performed
by others. All data, however, must be made available
to the public.
REFERENCES
• General information on use attainability analyses
can be found in Section V of Introduction to
Water Quality Standards, (im) (4)
Guidance on conducting use attainability ana-
lyses is in Chapter 3 of the Water Quality
Standards Handbook, (1983). (6)
More detailed information can be found in three
technical support manuals:
1. Technical Support Manual: Waterbody Sur-
veys and Assessments far Conducting Use
Attainability Analyses, (mi). This manual
contains general information and technical
guidance specific to riven. (10)
2. Technical Support Manual: Waterbody Sur-
veys and Assessments for Conducting Use
Attainability Analyses, Volume tt: Estuarine
Systems. (1983). (II)
3. Technical Support Manual: Waterbody Sur-
veys and Assessments for Conducting Use
Attainability Analyses, Volume 111: Lake
Systems. (1984). (12)
C. Adopting Water Quality Criteria
Water quality criteria are limits on a particular
pollutant or on a condition of a water body so as to
protect and support a use. When criteria are properly
selected and met, it is expected that the water quality
will protect the designated use.
Each Tribe is required to adopt, as part of its wa-
ter quality standards, water quality criteria to protect
the most sensitive designated use of a water body.
These criteria must be based on a sound scientific ra-
tionale.
When setting appropriate water quality criteria
sufficient to protect designated uses, Tribes may:
1. Adopt the criteria EPA publishes under Section
304(a)oftheAct;
2. Modify the Section 304(a) guidance to reflect
site-specific conditions; or
3. Use other scientifically defensible methods.
Tribes are encouraged to work with EPA to de-
termine the approach to be used in setting criteria, to
assess the availability of monitoring data, and to
evaluate appropriate methods for any analyses.
REFERENCES
• For general information on water quality criteria,
see Section HI in Introduction to Water Quality
Standards, (1988). (4)
• Information on the requirements for adopting
criteria is in EPA's Water Quality Standards
Regulation (40 CFR 131.11). (I)
• Guidance on the methodology used by EPA in
developing aquatic life criteria is in 'Guidelines
for Deriving National Water Quality Criteria for
the Protection of Aquatic Organisms and Their
Uses' (45 FR 79341, November 28, 1980, as
amended at SO FR 30784, July 29, 1985). (13)
• Guidance on the methodology used by EPA in
developing human health criteria is in 'Guide-
lines and Methodology Used in the Prepara. i
of Health Effect Assessment Chapters of trie
Consent Decree Water Criteria Documents* (45
FR 79318. November 28, 1980. (14)
I. EPA Published Criteria
EPA publishes water quality criteria under Sec-
tion 304(a) of the Clean Water Act. These criteria are
called Section 304(a) criteria and are based on the
latest scientific information available on the effect of
a pollutant on aquatic life and human health. Section
304(a) criteria are published from time-to-time as
guidance documents to assist in setting water quality
standards and have no force of law. Section 304(a)
criteria guidance documents contain two important
types of information: (a) scientific data on the effects
IV. Developing Water Quality Standards
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of pollutants on aquatic life, human health, and/or
recreation; and (b) the chemical concentration in wa-
ter that will generally ensure water quality adequate
to support a particular water use.
Both human health and aquatic life criteria are
needed for the protection, propagation, and con-
sumption of fish and shellfish and for public water
supply. Tribes must adopt aquatic life and or human
health criteria for pollutants where data indicate that
these pollutants may interfere with attaining the des-
ignated uses.
REFERENCES
• The most important references for Section 304(a)
criteria are the individual criteria guidance docu-
ments. A list of these documents is in Appendix
A. (15)
• Another source of information on Section 304(a)
criteria is Quality Criteria for Water, (1986), also
known as the "Gold Book.* This reference con-
tains a summary of the individual Section 304(a)
criteria documents. (16)
• For information on the relationship of Section
304
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REFERENCES
• Guidance on the application of narrative and
numerical criteria is in Chapter 2 of the Water
Quality Standard* Handbook, (1983). (6)
Guidance on specific narrative and numeric cri-
teria for particular pollutants can be found in the
individual Section 304(a) criteria documents. A
list of these documents is in Appendix A. (15)
Another source of specific narrative and numeric
criteria for particular pollutants is Quality Crite-
ria for Water, (1986), also known as the 'Gold
Book.' This reference is a summary of the indi-
vidual 304(a) criteria documents. (16)
The Section 307(a) priority toxic pollutants are
codified at 40 CFR 401.IS and found in Section
VII of Introduction to Water Quality Standards,
(1988). (4)
Specific guidance on the implementation of nu-
meric criteria for the Section 307(a) priority toxic
pollutants, including a full discussion/description
of the options available, is in Guidance for State
Implementation of Water Quality Standards for
CWA Section 303(c)(2)(B),(mt). (17)
For a compilation of State activities implement-
ing the Section 303(c)(2)(B) requirements see
Status Report: State Numerical Criteria for
Toxics as ofAugmst 1989, (1989). (18)
Compiled State *"mm»ri*t of individual
pollutant criteria can be found in Water Quality
Standards Criteria Summaries: A Compilation of
StatelFederal Criteria, (1988). (19)
For technical guidance on conducting whole
effluent toxicity tests see the Technical Support
Document for Water Quality-based Toxics Con-
trol. (1985). (28)
3. Site-specific Criteria
Site-specific criteria are water quality criteria de-
veloped for a specific site and reflect local environ-
mental conditions. EPA's criteria are laboratory
derived and may not always accurately reflect the ef-
fect of a pollutant in all waters. Site-specific criteria
may be appropriate where:
a. Species inhabiting a given site are more or
less sensitive than those used in developing
the Section 304(a) criteria; or
b. Water chemistry, such as pH, hardness,
temperature, and color, appears to differ
significantly from the laboratory water used
in developing the Section 304(a) criteria.
Tribes may develop site-specific criteria. Devel-
oping site-specific criteria involves taking local condi-
tions into account so that criteria adequately protect
the designated use without being more or less strin-
gent than needed.
REFERENCE
• EPA guidance on scientifically acceptable proce-
dures for deriving site-specific criteria is in
Chapter 4 of the Water Quality Standards
Handbook, (1983). (6)
4. Criteria Under Development
Chemical criteria alone are inadequate to fully
characterize the physical and biological integrity of
our waters or the reductions in risk necessary to attain
the goals of the CWA. Therefore, EPA is developing
biological and sediment quality criteria to comple-
ment chemical-specific criteria.
Biological criteria may include indices or state-
ments of species richness, abundance, diversity,
trophic composition and/or biomass. These measures
can be used to establish appropriate goals for water
bodies. Initially, Tribes are to adopt narrative bi-
ological criteria. Narrative criteria may be general
statements of the biological condition of the water
body or attainable uses. Although similar to the 'free
from* chemical water quality criteria, narrative bi-
ological criteria establish a positive statement about
what should occur, such as 'Aquatic life shall be as it
naturally occurs.* Such criteria will assist Tribes in
better characterizing the aquatic life uses appropriate
for the surface water to be protected.
EPA is developing sediment quality criteria on a
poUutant-by-poUutant basis. Such criteria will assist
Tribes in defining where sediment contaimination is
a problem in order to target areas for regulatory.
enforcement, and clean-up actions.
REFERENCES
• Information on biological criteria will be found
in the Program Guidance Document for Biolog-
ical Criteria, (available April. 1990). (20)
IV. Developing Water Quality Standard*
10
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The Technical Guidance Document for Biological
Criteria will supplement the program guidance
document (available after April, 1990). (21)
Information on sediment quality criteria is in
Briefing Report to the EPA Science Advisory
Board on the Equilibrium Partitioning Approach
to Generating Sediment Quality Criteria, (April,
1989). (22)
A list of additional sediment quality criteria doc-
uments can be found in Appendix A. (23)
D. Antidegradation Policy and
Implementation Methods
Each Tribe adopts a reservation-wide
antidegradation policy and implementation methods
for this policy. An antidegradation policy provides for
the maintenance and protection of existing uses,
higher quality waters, and outstanding national re-
source waters. EPA's water quality standards regu-
lation sets minimum requirements for the
antidegradation policy.
A Tribe may want to designate some of its waters
as outstanding national resource waters. These waters
may be high quality waters or ecologically unique
waters such as those within national parks or wildlife
refuges or waters of exceptional recreational or eco-
logical significance. Each Tribe establishes its own
criteria for designating and protecting outstanding
national resource waters.
Antidegradation implementation procedures ad-
dress how a Tribe will review water quality-based
permits and control programs to ensure that they are
designed to meet water quality standards and
antidegradation requirements. At a minimum, when-
ever a discharge is determined to eliminate a use or
lower the quality of high quality waters, the Tribe
must conduct an antidegradation policy review.
REFERENCES
• General information on antidegradation is in
Section VI of Introduction to Water Quality
Standards, (1988). (4)
Detailed information on the requirements for an
antidegradation policy is in EPA's Water Quality
Standards Regulation (40 CFR 131.12). A dis-
cussion on the antidegradation policy is in the
preamble of the Water Quality Standards Regu-
lation (48 FR 51402 - 51403, November 8, 1983).
(0
• Implementation guidance on antidegradation is
in Chapter 2 of the Water Quality Standards
Handbook, (1983). (6)
Additional guidance can be found in Questions
and Answers on Antidegradation (1985). (7)
A summary of State antidegradation policies can
be found in the document "Antidegradation*. one
of the Water Quality Standards Criteria Sum-
maries; A Compilation of State I Federal Criteria,
(1988). (19)
E. Additional Policies
Each Tribe, at its discretion, may include in its
water quality standards, policies affecting the applica-
tion and implementation of water quality standards.
Such policies include variances, mixing zones, and
low-flow exemptions. These policies must be re-
viewed and approved by EPA.
I. Variances
In a situation where waters do not meet their wa-
ter quality standards, a Tribe may grant a variance to
a discharger as an alternative to downgrading the
standard to a use requiring less stringent criteria.
Variances would be used where the Tribe believes that
the standard can ultimately be attained. By estab-
lishing a standard with uses requiring improvements
in water quality rather than allowing continued lower
water quality, the Tribe will assure that further
progress is made in attaining the goals of the CWA
and improving water quality.
A variance may be granted to an individual
discharger for a specific pollutant or pollutants. This
variance controls the permit limits for the discharger
that receives the variance. EPA reviews individual
variances, in addition to the review and approval of
the Tribal variance policy.
REFERENCES
• Additional information on variances is in the
preamble to EPA's Water Quality Standards
Regulation (48 FR 51403, November 8, 1983)
(1)
Guidance on variances is contained in "Variances
in Water Quality Standards", (1985). (8)
IV. Developing Water Quality Standards
II
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2. Mixing Z
A mixing zone serves as a zone of initial dilution
in the immediate area of a point source discharge.
The Tribal water quality standards should describe
the methodology for determining the location, size,
shape, outfall engineering design, and in-zone water
quality of mixing zones. The methodology should
be precise enough to support regulatory actions.
Careful consideration must be given to the appropri-
ateness of a mixing zone where the substance dis-
charged is persistent in the environment, accumulates
in aquatic life, or causes cancer.
REFERENCES
• Guidance on mixing zones is in Chapter 2 of the
Water Quality Standards Handbook, (1983). (6)
Technical information on mixing zones is in
Chapter 5 of the Technical Support Document for
Water Quality-base* Tomes Control, (1985). (28)
A summary of State mixing zone policies can be
found in the document 'Mixing Zones', one of
the Water Quality Standards Criteria Summa-
ries; A Compilation of State/Federal Criteria,
(1988). (19)
3. Low-flow Exemptions
Water quality standards should protect uses even
in low-flow situations. Tribes may designate a critical
low-flow volume below which numerical criteria do
not apply. However, even in low-flow situations,
narrative criteria, including the 'free from" toxics cri-
teria, must be applied.
REFERENCE
• EPA's policy on low-flow exemptions is de-
scribed in Chapter 2 of' the Water Quality
Standards Handbook, (1983). (6)
IV. Developing Water Quality Standards
12
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V. Adoption of Water Quality Standards and Submittal to
EPA
Subsequent to the development of water quality
standards, a Tribe must take several steps before sub-
mitting the standards to EPA. First, a Tribe must
hold a public hearing for the review of the water
quality standards. Next, the Tribe adopts the water
quality standards according to its own legal and ad-
ministrative procedures. Then, the appropriate legal
authority within the Tribe certifies that the water
quality standards were adopted according to Tribal
law. After these steps are completed, the Tribe sub-
mits a complete standards package to the appropriate
EPA Regional Administrator for review.
Implementation guidance on public participation
for the water quality standards program is in
Chapter 2 of the Water Quality Standards
Handbook, (1983). (6)
B. Certification by a Legal Authority
The Tribal "Attorney General' or other appropri-
ate legal authority within the Tribe must certify that
the water quality standards were adopted according to
Tribal law.
A. Public Participation
An important part, perhaps even the most im-
portant part, of establishing water quality standards
is the participation of those affected by standards de-
cisions. At a minimum, a Tribe is required by Section
303(c) of the Clean Water Act (CWA) to hold a
public hearing for reviewing the proposed water
quality standards. This public hearing must be held
in accordance with the provisions of Tribal law,
EPA s Water Quality Management Regulation (40
CFR 130.3(b)(6)), and EPA's Public Participation
Regulation (40 CFR Part 25). Prior to the hearing,
the Trib ust make available to the public proposed
water qiur'ay standanH and supporting analyses.
EPA urges Tribes to actively involve Tribal
members in the review process. Public hearings or
workshops are an effective means of involving Tribal
members in setting the goals for their reservation wa-
ters, identifying existing uses of the water body, and
developing support for the proposed standards.
REFERENCES
• The public participation requirement for the wa-
ter quality standards program is in EPA's Water
Quality Standards Regulation (40 CFR
C. Submittal of Standards Package to
EPA
The following elements must be included in each
Tribe's water quality standards package that it sub-
mits to EPA:
1. Use designations consistent with the provisions
of Sections 101(aX2) and 303(cX2) of the Clean
Water Act.
2. Water quality criteria sufficient to protect the
designated uses.
3. Methods used and analyses conducted to support
the water quality standards.
4. Antidegradation policy and implementation
methods consistent with Section 131.12 of EPA's
Water Quality Standards Regulation.
S. Certification by the appropriate legal authority
within the Tribe that the water quality standards
were adopted in accordance with Tribal law.
6. Information for EPA to use in determining the
adequacy of the scientific basis of the standards
that do not include the uses specified in Section
101(aX2)ofthe Act.
V. Adoption of Water Quality Standards and Submittal to EPA
13
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7. Information on policies that may affect the ap- tension of the 180-day time limit if the Tribe provides
plication and implementation of the water qual- a reasonable written explanation for an extension.
ity standards.
Tribes should adopt and submit water quality orrrorvrr
standards to EPA for review within 180 days of qual- REFERENCE
ifying for treatment as a State for the water quality , , . .._. . ,
sundards program and within 30 days of Tribal * Information on EPA requirements for water
adoption and certification of standards. The 180 day quality standards adoption and submission is in
time frame is the same time frame provided to States EpA's Water Quality Standards Regulation (40
under the 1972 Federal Water Pollution Control Act. CFR 131.6 and 131.20). (I)
The EPA Regional Administrator may grant an cx-
V. Adoption of Water Quality Standards and Submhtal to EPA
-------
VI. EPA Review and Approval/Disapproval of Standards
A. Review Process
EPA'5 review of Tribal water quality standards
involves a review, at the Regional Office, with a con-
current review and comment by the Criteria and
Standards Division at Headquarters. EPA reviews the
water quality standards to ensure compliance with the
requirements of the CWA and EPA's Water Quality
Standards Regulation. EPA's review also determines
whether the analyses performed to establish water
quality standards are adequate. In addition, the
Agency evaluates whether the designated uses and
criteria are compatible throughout the water body and
whether the downstream water quality standards are
protected. A review to determine compliance with
downstream standards is most likely to involve water
bodies on or crossing Reservation or State bounda-
ries.
In determining whether to approve, disapprove
or conditionally approve Tribal water quality stand-
ards, EPA will use the same statutory and regulatory
requirements, policies, and criteria as it uses in re-
viewing State water quality standards.
B. Approval
Tribal water quality standards that meet the re-
quirements of the CWA and EPA's Water Quality
Standards Regulation are approved by the appropriate
EPA Regional Administrator within 60 days of re-
ceipt. The Regional Administrator notifies the Tribal
Chairman by letter of the approval and forwards a
copy of the letter to the Tribal agency responsible for
administering the water quality standards program.
The approval letter contains information on the scope
of the approval action. If only a portion of the sub-
mitted standards meet the requirements, the Regional
Administrator approves only that portion and identi-
fies the portions that should be revised.
C. Disapproval
If the Tribal water quality standards are not con-
sistent with or do not meet the requirements of the
CWA or EPA's Water Quality Standards Regulation,
the EPA Regional Administrator disapproves the
standards with a written notice to the Tribal Chair-
man within 90 days of receipt. The letter states why
the standards are not consistent with the CWA or the
Water Quality Standards Regulation and describes the
necessary revisions for full approval. If the Tribe fails
to adopt and submit the necessary revisions within 90
days after notification, the EPA Administrator initi-
ates promulgation of Federal water quality standards.
D. Conditional Approval
The Regional Administrator may grant condi-
tional approval for Tribal water quality standards.
This is an EPA approval conditioned on the per-
formance of specified actions on the part of a Tribe
in a timely manner (generally 90 days or less). Con-
ditional approvals may be used when there are minor
deficiencies in Tribal standards but only if the Tribe
provides assurance that it will submit corrections on
a specified, written schedule. Failure to satisfy the
identified conditions will nullify the approval and lead
to Federal promulgation action.
E. EPA Promulgation
EPA may promulgate Federal water quality
standards in situations where the Administrator de-
termines that the new or revised water quality stand-
ard is not consistent with the applicable requirements
of the CWA or where the Administrator determines
that a standard is necessary to meet the requirements
of the Act.
In promulgating water quality standards, the EPA
Administrator must follow the same policies, proce-
dures, analyses, and pubtic participation requirements
established for the Tribe. If the Tribe corrects the
deficiencies in its water quality standards prior to
VI. EPA Review and Approval/Disapprcnal of Standards
IS
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promulgation, the Administrator will stop the
rulemaking proceedings and the Regional Adminis-
trator win approve the revised standards. After EPA
has promulgated standards, the Tribe may submit re-
vised water quality standards and the Federal stand-
ards will be withdrawn once Tribal standards are
approved.
REFERENCES
• Information on the Federal requirements for
EPA review and approval/disapproval of water
quality standards is in EPA's Water Quality
Standards Regulation (40 CFR 131.21). (I)
Information on the Federal requirements for
EPA promulgation is in EPA's Water Quality
Standards Regulation (40 CFR 131.22). (1)
Guidance on the EPA review process and
promulgation is in Chapter 2 of the Water
Quality Standards Handbook, (1983). (6)
Use of Federal promulgation of water quality
standards for Indian Tribes is discussed in the
preamble to the proposed rule (54 FR 39103). (2)
A summary of EPA-promulgated water quality
standards is in Summary of Federally
Promulgated Water Quality Standards Actions,
(1989). (26)
VI. EPA Review and Approval/Disapproval of Standards
16
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VII. Implementation of Water Quality Standards
Tribes implement water quality standards through
limits placed on the amount of pollutants discharged
by point sources and through controls developed for
npnpoint sources of pollution. Each point source
discharger is required to obtain a permit limiting the
pollutants that are discharged and specifying the
monitoring and reporting requirements. These per-
mits are part of the National Pollutant Discharge
Elimination System (NPDES) program established
by the CWA to control the poUutant levels in
dischargers' effluent. The effluent limits contained in
NPDES permits are either technology-based or water
quality-based.
When technology-based limits are insufficient for
water to attain water quality standards, Section
301(b)(l)(C) of the CWA requires the development
of more stringent limitations to attain or maintain the
water quality standards. EPA (or the Tribe if it has
been delegated authority for the NPDES program)
must then determine the total maximum daily load
(TMDL) for the water body. The TMDL is the
amount of a poUutant that may be discharged into a
water body and still maintain water quality standards.
Loading above this amount may result in waters ex-
ceeding the standards.
The allowable TMDL is the sum of the waste
load allocation (WLA) and load allocation (LA), in-
cluding a margin of safety. The WLA is the portion
of the pollutant load from point sources. The LA is
the portion from nonpoint sources and background
sources. This WLA/LA/TMDL process involves
identifying the pollutant sources and adings, apply-
ing mathematical models to predict the amouir of
load reduction necessary to achieve water quality
standards, and allocating this load reduction among
the poUutant sources. Water quality criteria are used
in the WLA/LA/TMDL process, and include one or
more of the following:
1. Chemical-specific numeric criteria or a whole
effluent toxicity standard adopted by a Tribe;
2. EPA Section 30-»
17
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VIII. Review and Revision of Existing Water Quality
Standards
Water quality standards are continually reviewed
and revised, if necessary. Tribal review and revision
of water quality standards follows the same statutory
and regulatory requirements as State review and re-
vision.
A. Requirements
I. Three-year Review Requirement and Public
Participation
The CWA requires that a Tribe, from time-to-
time, but at least once every three years, shall hold
public hearings for the purpose of reviewing applica-
ble water quality standards. These public hearings are
held, as were public hearings held on the initial
adoption of a Tribe's water quality standards, in ac-
cordance with the provisions of Tribal law, EPA's
Water Quality Management Regulation (40 CFR
130.3(b)(6)), and EPA's Public Participation Regu-
lation (40 CFR Part 25). Prior to the hearing, the
proposed revisions to the water quality standards and
analyses supporting the revisions must be made
available to the public.
2. Review and Upgrading Requirement
A part i ic review &.d revision process involves
a mandatory review «**d upgrading requirement.
Water body segments with water quality standards
that do not include the uses specified in Section
101(a)(2) of the CWA (i.e. the protection and propa-
gation of fish, shellfish, and wildlife, and/or recreation
in and on the water) must be re-examined every three
years to determine if any new information, technol-
ogy, etc. has become available that would warrant
adding these uses. If new information indicates that
the uses specified in Section 101(a)(2) of the CWA are
attainable, the Tribe must revise its standards accord-
ingly. In addition, where existing water quality
standards specify designated uses less than those
presently being attained, a Tribe must revise its
standards to reflect the uses actually being attained.
Also, if the Tribe has granted a variance to a water
quality standard, the Tribe must review the appropri-
ateness of the variance and determine if a new vari-
ance should be issued.
3. In-depth Review of Specific Water Bodies
EPA's Water Quality Standards Regulation allows
each Tribe to establish its own procedures for select-
ing specific water bodies for an in-depth review. A
review could include an examination of the uses, ex-
isting water quality criteria, and the need for revised
or additional criteria on segments where the standards
are not projected to be attained with the technology-
based requirements of the CWA. Tribes also may
want to consider areas where major water quality-
based permits are scheduled for issuance or renewal
or areas where toxic pollutants have been identified
or are suspected of preventing the attainment of the
standards.
During the water quality standards review, if a
Tribe determines that a designated use has not been
attained, it can take several courses of action. A Tribe
may impose more stringent treatment requirements
on dischargers. In addition, a Tribe may establish
sub-categories of a use or a seasonal use in order to
retain the use. Only if the Tribe can demonstrate that
attaining the designated use is not feasible due to one
or more of six conditions listed in 40 CFR 131.10(g)
of EPA's Water Quality Standards Regulation, may
the Tribe remove the designated but not attained use.
Tribes may not remove designated uses if they are
existing uses or if such uses will be attained by im-
plementing required technology-based effluent limits
and cost-effective best management practices for
nonpoint source control.
4. Other
In each three year water quality standards review
cycle, the Tribe should review the general provisions
of the standards to see if new statutes, regulations,
guidance, or legal decisions affecting standards have
been adequately taken into consideration.
Mil. RoicM 4iul Religion of Exiting Water Qualil) Sumla/iU
18
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REFERENCES
• Detailed information on the requirements for re-
view and revision of water quality standards is in
EPA's Water Quality Standards Regulation (40
CFR 131.20). A discussion of these require-
ments are in the preamble of this regulation (48
FR 51403 - 51404, November 8, 1983). (I)
Guidance on the standards review and revision
process, including analyses used in reviewing
standards on water quality limited segments, is in
Chapter 1 of the Water Quality Standards
Handbook, (mi). (6)
Guidance on the role and requirements of public
participation is in Chapter 2 of the Water Quality
Standards Handbook, (1983). (6)
Detailed information on the requirements for
hearings and public participation is in EPA's
Water Quality Management Regulation (40 CFR
130.3(b)(6)) and EPA's Public Participation
Regulation (40 CFR Part 25).
Detailed information on the allowable conditions
for removing a designated use is in EPA's Water
Quality Standards Regulation (40 CFR I31.10(g)
and 131.10(h)). (I)
Chapter 2 of the Water Quality Standards
Handbook, (1983), contains guidance on deter-
mining substantial and widespread economic and
social impact, one of the six conditions allowing
for the removal of a designated use. (6)
C. SubmittaJ to EPA
Tribes submit to EPA the revisions in their water
quality standards and the analyses supporting the re-
visions as they did their initial water quality standards.
Mil. RuticM and Revision of Existing \\ultr Quulitv
19
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Appendix A. List of EPA References for Further
Information
The materials listed below have been referenced in this
booklet. These references are organized by EPA Headquarters
program offices and are available from the appropriate
Headquarters office or Regional Water Quality Standards
Coordinator. (See Appendix B for a list of Headquarters contacts
and Regional Water Quality Standards Coordinators.) For Tribes
that qualify as States for the water quality standards program
and are developing water quality standards. EPA will make
available single copies of water quality criteria documents at no
cost.
Attached to this appendix is a list of individual Section
304(a) water quality criteria documents. The Standards Branch
and Criteria Branch Clearing House Order Forms are also attached.
The Criteria Branch order form contains a list of individual
sediment quality criteria documents. Tribes may choose to use
these forms when requesting reference materials.
Criteria and Standards Division.
Office of Water Regulations and Standards
Regulations:
(1) Water Quality Standards Regulation. 40 CFR Part 131. This
regulation with the preamble is fc nd in 48 Federal Register
(FR) 51400, November 8. 1983.
Federal requirements governing the development, review,
revision, and approval of water quality standards under
Section 303 of the Clean Water Act. This regulation is
presently undergoing revision. Expected date for
proposed amendments is June 1990.
(2) Amendments to the Water Qualify 3 .andardg Regulations That
Pertain to Standards on Indian Reservations; Proposed
Rule. 54 FR 39098, September 22, 1989.
Proposed rule revising the Federal water quality
standards regulation. The revisions would establish
A-l
Appendix A List of EPA Reference for Further InfonMiio*
-------
the criteria and procedures by which an Indian Tribe
can quality for treatment as a State for the purposes
of the water quality standards program. The revisions
also establish a mechanism to resolve unreasonable
consequenses that may arise from an Indian Tribe and a
State adopting different water quality standards on
common bodies of water. The proposed rule is expected
to be issued as final in FY 90.
(3) Water Quality Standards for the Colville Indian Reservation
in the State of Washington; Final Rule. (54 FR 28622,
July 6, 1989).
Rule establishing Federal water quality standards on
the Colville Confederated Tribes Reservation. The
standards consist of designated uses and criteria for
all surface waters on the reservation.
Other:
(4) Introduction to Water Quality Standards. U.S. Environmental
Protection Agency, (September, 1968).
Contains general information on the water quality
standards program in question and answer format.
Designed to give the general public a basic
understanding of the program.
(5) Newsletter, Criteria and Standards Division, Office of Water
Regulations and Standards.
Quarterly newsletter of the EPA Headquarters Criteria
and Standards Division providing updates on national
developments and activities of the (water quality]
Standards Branch, [water quality] Criteria Branch, and
(sewage] Sludge Regulation Branch.
(6) Water Quality Standards Handbook. U.S. Environmental
Protection Agency, (1983).
Contains guicu.tce pr*nared by EPA to assist States in
implementing the water quality standards regulation.
Contents include: Chapter 1 - Water Quality Standards
Review and Revision Process; Chapter 2 - General
Program Guidance; Chapter 3 - Water Body Survey and
Assessment Guidance for Conducting Use Attainability
Analyses; and Chapter 4 - Guidelines for Deriving Site-
Specific Water Quality Criteria. The Handbook is
presently being revised. The expected date for
issuance of a draft of the revised Handbook is June
1990.
A-2
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(7) Questions and Answers on Antidegradation. U.S.
Environmental Protection Agency, (August, 1985).
Document providing guidance on the antidegradation
policy component of water quality standards and its
application. Uses a question and answer format.
Presents information on origin of the policy, meaning
of terms, and application both in general and specific
examples. This guidance supplements the Water Quality
Standards Handbook, (1983).
(8) "Variances in Water Quality Standards". U.S. Environmental
Protection Agency memorandum signed by Edwin L.
Johnson. (March. 1985).
Guidance stating EPA's Office of General Council
interpretation on what factors can be considered in
allowing variances. Clarifies previous interpretation
which is discussed in the preamble to the water quality
standards regulation. This guidance supplements the
Water Quality Standards Handbook, (1983).
(9) Nonpoint Source Controls and Water Quality Standards. U.S.
Environmental Protection Agency, (August, 1987).
Describes the relationship between nonpoint source
controls and water quality standards. Contains
information on the CWA requirements, approaches for
managing nonpoint pollution sources, and implementation
of nonpoint source controls. This guidance supplements
the Water Quality Standards Handbook, (1983).
(10) Technical Support Manual: Waterbody Surveys and Assessments
for Conducting Use Attainability Analyses. U.S.
Environmental Protection Agency, (1983).
Provides guidance for conducting use attainability
analyses and information specific to river systems.
This manual supplements Chapter 3 of the Water Quality
Standards Handbook.
(11) Technical Support Manual: Waterbody Surveys and Assessments
for Conducting Use Attainability Analyses, Volume II:
Estuarine Systems. U.S. Environmental Protection
Agency, (1983).
Addresses the unique characteristics of estuarine
systems. Supplements the previous technical support
manual.
A-3
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(12) Technical Support Manual: Waterbody Surveys and Assessments
for Conducting Use Attainability Analyses, Volume III:
Lake Systems. U.S. Environmental Protection Agency,
(1984).
Addresses the unique characteristics of lake systems.
Supplements the two previous technical support manuals.
(13) "Guidelines for Deriving National Water Quality Criteria for
the Protection of Aquatic Organisms and Their Uses" (45
FR 79341, November 28, 1980. as amended at 50 FR
330784, July 29. 1985).
Guidance on the methodolgy used by EPA in developing
aquatic life criteria.
(14) "Guidelines and Methodology Used in the Preparation of
Health Effect Assessment Chapters of the Consent Decree
Water Criteria Documents" (45 FR 79318, November 28,
1980).
Guidance on the methodolgy used by EPA in developing
human health criteria.
(15) Individual Section 304(a) criteria guidance documents
A list of the individual Section 304(a) criteria
guidance documents is attached to this appendix. These
individual documents are the most important references
for Section 304(a) criteria and contain all data used
to develop the 304(a) criteria for each pollutant.
(16) Quality Criteria for Hater, 1986, (also called the "Gold
Book"). U.S. Environmental Protection Agency, (1986).
Contains summaries of all Section 304(a) criteria
guidance developed by EPA. Also contains narrative
criteria language. Appendices contain summary of
methodologies for de 'opine* +-hese criteria. Updated
summaries of 304(a) c^xteri. are made available to
those purchasing this document as new criteria are
developed and existing criteria revised.
(17) Guidance for State Implementation of Water Quality Standards
for CtfA Section 3O3(c)(2)(B) . U.S. Environmental
Protection Agency. (December. 1988).
Provides guidance for Spates on adoption of numeric
criteria for priority toxic pollutants. Describes
three options for meeting this requirement of the new
Section 303(c)(2)(B) of the Clean Water Act. Also
A-4
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provides background information and discusses pros and
cons of each option. Appendix A contains list of
Section 307(a) toxic pollutants.
(18) Status Report: State Numerical Water Quality Criteria for
Toxics as of August, 1989. U.S. Environmental
Protection Agency, (1989).
Status report presenting information on State
activities to address Section 303(c)(2)(B). This
Section requires States to adopt numeric criteria for
priority toxic pollutants by February, 1990. Next
status report due out in March, 1990.
(19) Water Quality Standards Criteria Summaries: A Compilation of
State/Federal Criteria. U.S. Environmental Protection
Agency. (1988).
Twenty-six individual summaries, each containing
compiled information extracted from State water quality
standards. Summaries include information on
definitions, uses, individual pollutant criteria, and
policies.
(20) Program Guidance Document for Biological Criteria. U.S.
Environmental Protection Agency, (Due to be published
in April, 1990).
Describes the steps and procedures for developing
narrative biological criteria and provides guidance on
the implementation of biological assessment and
biological criteria to enhance Tribal and State water
quality programs.
(21) Technical Guidance Document for Biological Criteria. U.S.
Environmental Protection Agency, (Due to be published
after April, 1990).
This technical guidance supplements the Program
Guidance Document for Biological Criteria. Tt
evaluates current biological assessment approaches- in
different types of surface waters.
(22) Briefing Report to the EPA Science Advisory Board on the
Equilibrium Partitioning Approach to Generating
Sediment Quality Criteria. U.S. Environmental
Protection Agency, (April. 1989).
Technical document evaluating the Equilibriun
Partitioning method to be used in generating sediment
quality criteria. This reference serves as the first
source for understanding sediment quality criteria.
A-5
-------
(23) Individual sediment quality criteria documents.
A list of individual sediment quality criteria
documents is attached to this appendix.
(24) State Water Quality Standards Summaries. U.S. Environmental
Protection Agency, (1988).
Contains the water quality standards of 56 States and
Territories. Included in each State summary is the
responsible agency, contact person, use
classifications, criteria, and policy language.
(25) State Water Quality Standards Summaries (one for each of the
56 States and Territories). U.S. Environmental
Protection Agency, (1988).
Fifty-six individual summaries, each containing the
water quality standards for a particular State or
Territory. Each summary contains information on the
responsible agency, contact person, use
classifications, criteria, and policy language for a
particular State or Territory.
(26) Summary of Federally Promulgated Water Quality Standards
Actions. U.S. Environmental Protection Agency,
(August. 1989).
Contains a summary of EPA promulgated water quality
standards.
A-6
-------
Assessment and Watershed Protection Division.
Office of Water Regulations and Standards
(27) Nonpoint Source Guidance. U.S. Environmental Protection
Agency, (December, 1987).
Guidance document describing opportunities for nonpoint
source control programs as part of an overall State
Clean Water Strategy. Includes information on
development of State assessment reports. State
Management Programs, and administrative provisions.
Also contains information on grant application
requirements.
Office of Water Enforcement and Permits
(28) Technical Support Document for Water Quality-based Toxics
Control. U.S. Environmental Protection Agency, (1985).
Technical support document providing guidance for each
step in the water quality-based toxics control process
from screening to compliance monitoring. It also
details water quality criteria recommended by EPA and
how those criteria should be applied. This document is
presently undergoing revision. Expected date for
completion of revised document is September, 1990.
(29) Permit Writers Guide to »ater Quality-baaed Toxics Control.
U.S. Environmental Protection Agency, (July, 1987).
(30) A Primer on the Office of Water Enforcement and Permits and
Its Programs. U.S. Environmental Protection Agency, (1989).
Designed for the general reader, this primer explains
how the goals of the Clean Water Act are accomplished
through the Office of Water Enforcement and Permits
programs.
Office of Federal Activities
(31) Environmental Activities on Indian Reservation: FY 88. U.S.
Environmental Protection Agency, (March, 1989).
Annual report designed to give an overview of EPA
efforts to establish environmental regulations on
Indian lands. Gives EPA workyears and dollars expended
on each program on Indian lands. Source for
identifying existing tribal water programs. Contains
EPA's Indian Policy and Implementation Guidance.
A-7
-------
Water Quality Criteria Documents
The U.S. Environmental Protection Agency has published water
Duality criteria for "cxic pollutants or pollutant categories
Copies of water quality criteria documents are available from the
National Technical Information Service (NTIS). 5285 Front Royal
Road. Springfield, Virginia 22161, (703)487-4650. Prices of
individual documents may be obtained by contacting the NTIS. Order
numbers are indicated below:
Acenaphthene
Acrolein
Acrylonitrile
Aesthetics
.-.licaiinity
.ildrin/ Dieidrin
Aluminum
Ammonia
Ammonia/Saltwater
Antinony
Arsenic
Asoesccs
Bacteria
Barium
Benzene
Benzisine
Beryllium
Boron
Tadmium
Carbon Tetrachloride
Chlordane
Chloride
::-.iori.-ated Benzenes
Ihlcrir.ated Ethanes
Ir.lcrinated Naphthalnes
Ihicrine
Zhlorinated Phenols
rhioroaikyl Ethers
Ir.icrcfcrm
..-.Icropnenoxy Herbicides
:.-. Icrrynrif os
lr.rcr.ium
1-Chlcropnenoi
I3_or
Ispper
lyanide
HTIS ORDER NO.
PB 81-117269
PB 81-117277
PB 81-117285
PB-263943
PB-263943
?B 31-117301
PB 88-245998
?B 85-227114
?B 89-195242
?B 81-117319
PB 81-117327
PB 85-227445
PB 81-117335
PB 36-158045
PB-263943
PB-263943
PB 81-117293
?B 31-117343
PB 31-117350
PB-263943
PB 31-117368
PB 85-227031
PB 81-117376
PB 81-117384
PB 88-175047
?B 31-117392
PB 81-117400
PB 81-117426
PB 85-227429
PB 31-117434
PB 81-117418
?3 31-117442
PB-263943
PB 37-105359
PB 81-117467
PB 85-227478
PB 31-117459
PB-263943
=B 81-117475
PB 85-227023
PB 81-117483
SPA DOCUMENT NO.
SPA 440/5-85-001
EPA 440/5-88-004
EPA 440/5-84-033
SPA 440/5-84-032
EPA 440/5-84-030
£PA 440/5-84-029
SPA 440/5-84-031
EPA 440/5-84-
-------
W«ter Quality Criteria Document (cont)
DDT and Metabolites
Oemeton
Dichlorobenzenes
Dichlorobenzidine
Dichloroethylenes
2,4, - Dichlorophenol
Dichloropropanes/Dichloropropenses
2.4, - Dimethylphenol
Dinitrotoluene
Oiphenylhydrazine
Endosulfan
Sndrin
Ethylbenzene
Flouranthene
Gasses. Total Dissolved
Guidelines for Deriving numerical
National Water Quality Criteria
for the Protection of Aquatic
Organisms and Their Uses.
Guthion
Haloethers
Halomethanes
Hardness
Heptachlor
Hexachlorobutadiene
Hexachlorocyclohexane
Hexachlorocyclopentadiene
Iron
Isophorone
Lead
Malathion
Manganese
Mercury
Methoxychlor
Mirex
naphthalene
Nickel
Nitrates., Nitrites
Nitrobenzene
:iicropnenols
Mitrcsansines
Oil and Grease
Oxygen, Dissolved
Parathion
Pentachlorophenol
PB 85-227460
PB 81-117491
PB-263943
PB 81-117509
PB 81-117517
PB 81-117525
PB 81-117533
PB 81-117541
PB 81-117558
PB 81-117566
PB 81-117731
PB 81-117574
PB 81-117582
PB 81-117590
PB 81-117608
PB-263943
PB 85-227049
PB-263943
PB 81-117616
PB 81-117624
PB-263943
PB 81-117632
PB 81-117640
PB 81-117657
PB 81-117665
PB-263943
PB 81-117673
PB 81-117681
PB 85-227437
PB-263943
PB-263943
PB 81-117699
PB 85-227452
PB-263943
PB-263943
PB 81-117707
PB 81-117715
PB 87-105359
PB-263943
PB 81-117723
PB 81-117749
PB 81-117756
PB-2S2943
PB 86-208253
PB 87-105383
PB 81-117764
PB 87-105391
EPA 440/5-84-027
EPA "40/5-84-026
A-9
-------
Water Quality Criteria Document (cont)
?h
Phenol
Phosphorus
Phthalate Esters
Polychlorinated Biphenyls
Polynuclear Aromatic Hydrocarbons
Selenium
PB-263943
PB 81-117772
PB-263943
PB 81-117780
PB 81-117798
PB 81-117806
PB 81-117814
PB 88-142239
PB 81-117822
PB-263943
PB-263943
PB-263943
PB-263943
PB-263943
Silver
Solids (Dissolved) & Salinity
Solids (Suspended) & Turbidity
Sulfides, Hydrogen Sulfide
Tainting Substances
Temperature
2.3,7,8 - Tetrachlorodibenzo-p-dioxin
To be Supplied)
Tetrachioroethylene ?B 31-117830
Thallium ?B 81-117848
Toluene PB 81-117855
Toxaphene PB 81-117863
PB 87-105375
Trichloroethylene PB 81-117871
Vinyl Chloride PB 81-117889
Zinc PB 81-117897
PB 87-153581
A-10
-------
RCV.
CRITERIA AND STANDARDS DIVISION
CLEARINGHOUSE ORDER FORM
INDICATE NUMBER Of DOCUMENTS REQUESTED; COMPUTE REQUESTOR PROFILE BELOW:
STANDARDS BRANCH
R1QUBSTOR PROFILE
NAME
POSITION /TITLE
ORGANIZATION
STREET ADDRESS
CITY/STATX/ZIP CODE
TELEPHONE NUMBER
1
1 CHECK HER! IP REQUESTOR WANTS TO
— 1 BE PLACED ON CSO9 MAILING LOT
DATE REQUEST MADE
DATE SUBMITTED TO EPA
DATE DVNAMAC RECEIVED
TITU
Water Quality Standards Regulation, Part I. CnvironMntal
Protection Agency, FtdtnlRttitur. Novesjber 8, 1983.
Uacar Quality Standard* Handbook, Deceatber 1983
• Questions and Answtri on Antidegradation, August
1983.
• Nonpoint Source Controls and Wattr Quality
Standard*, August 19, 1987.
• Variancai in Water Quality Standards, March 1985.
Water Quality Standards for the 2lat Century, 1989.
A Compilation of Water Quality Standards for Marina
Waters, November 1M2.
Tachnical Support Manual: Uatarbody Surveys and
AssessMnts for Conducting Us* Attainability Analyses,
Novtmbar 1983.
Tachnical Support Manual I Wet er body Surveys and
Assessewnts for Conducting Use Attainability Analyses,
Volume II: Estuarine SyatesM
Tachnical Support Manual: Waterbody Surveys and
Assassaents for Conducting Use Attainability Analyses,
Volume III: Lak* Sys.eas. Novaa*er 1984.
Introduction to Water Quality Standards, EPA.
440/3-88/089, Sepeeiaber 1988.
MMB
OOCUMQfrXS)
UQUUIID
FIUJ» (fcsi
vnMHic's
oMOsmr)
A-li
-------
CRITERIA AND STANDARDS DIVISION
CLEARINGHOUSE ORDER FORM
STANDARDS BRANCH (CeatlMeO
TZTLf
Aabieat Water Quality Criteria for Baetaria. - 1986 EPA
440/5-84/002
Bacteriological Aabieat Water Quality Criteria;
Availability, Padaral laaiatar. Volume 51, No. 45, Friday,
March 7, 1986.
• Test Methods for gaeheriehia Coil and Enctrococci;
In Water By Tht Membrana Pilctr Proctdurt, EPA
600/4-85/076, 1985.
TiMKty-tia Hater <)Miief ftMiatd Critcri* 9\MMri**t
Sayta^tr IMi. Cofi«s «• to ekcaiaad fre« tte Matiooal
T«cteiMl ZsfonMCUa f«rvic» (*«• ad4x«ja aed phao«
•oataK toifiw).
fiitj M»m ttec* ttoter Qoallty fcattUH Sonar !••,
fipcaafcar Ifltt. Oo^4«» CM W «%c«ioa4 fro* th* Macioaal
T«ctaie«l ZaIonMftiaB itntw (§•• aidMtt cad phoa*
DBflkOT* IW&Sw)^
Scaca Adopcion/PropeaaL of HwMrie Critaria for Priority
Poliucaaci as of Augusc 1981.
Transmit tal of Final "Cuidanea for Stata lapltaiancation of
Wattr Quality Standards for CUA Section 303 (c) (2) (B)",
Dac«^>ar 12, 1988.
Suawary of Ptdarally Proawlgatad Watar Quality Standards
Actions, August 1989.
MJNM1
DOCUMtVT(S)
UQUBSm
flLLD (NA
OOUsttC't
UBOCU)
National Technical Information Sarvieas
5285 Pront toyal Road
Springfield, VA 22161
(703) 487-4650
A-12
-------
REV. 12U6V80
CRITERIA AND STANDARDS DIVISION
CLEARINGHOUSE ORDER FORM
INDICATE NUMBSB OP DOCUMENTS REQUESTED; COMPUTE BXQCESTOB PROPILE BILOW:
v- T^^g^ggsasa^^ ••••••-•
£&<#&&$<*•• RBQUKOTDR pxonut :
NAME
POSITION /TITLE
ORGANIZATION
STREET ADOBEBS
CITY /STATE /ZIP COOI
TELEPHONE NUMBER
1
~~I CHECK HEBE IP REQUESTOR WANTB TO
_J BE PLACED ON CBD* MAILING UBT
DATE BEQUEBT MADE
DATE SUBMITTED TO EPA
DATE DTNAMAC RECEIVED
TITLE
r(t)
Ambient Water Quality Criteria
• Ambient Water Quality Criteria for Aluminum - 1988,
EPA 440/5-88-008, Auguit 1988.
Ambient Water Quality Criteria for
EPA 440/3-88-001, January 1985.
" 1984,
• Ambient Water Quality Criteria for
(Saltwater) - 1989, EPA 440/5-88-004, April 1989.
• Ambient Hater Quality Criteria for Araenie - 1984,
EPA 440/5-88-033, January 1985.
e Aabient Water Quality Criteria for Cadaiup - 1984,
EPA 440/5-84/032, January 1985.
* .^tbient Water Quality Criteria for Chloride - 1988,
EPA 440/5-88/001, February 1988.
Aabient Water Quality Criteria for
EPA 440/5-88-029, January 1985.
Chroeuua - 1984,
e Ambient Water Quality Criteria for Coooer - 1964,
EPA 440/5-88-031, January 1985.
e Aabient Water Quality Criteria for Diaao^v^d 0»r»en
- EPA 440/5-88-003, April 1986.
Sfe&*
-------
CRITERIA AND STANDARDS DIVISION
CLEARINGHOUSE ORDER FORM
CRfTMIA BRANCH (C«mttjre«d)
TITLE
• Ambient Water Quality Criteria for Tributvltin -
1988, Draft 9/27/88.
Briefing Eaport to th« EPA Science Advisory Board on the
Equilibrium Partitioning Approach to Generating Sediment
Quality Criteria, EPA 440/5-89-002.
Evaluation of Sediment Normalization. Theory for Organic
Contaminants - January 1986.
Evaluation of the Equilibrium Partition Theory for
Estimating the Toxicity of the Nonpolar Organic Compound
DDT to the Sediment 4 Dwelling Organism Rhepoxynius
Abronius - August 1987.
Guidance for Sampling of and Analyzing for Organic
Contaminants in Sediments - January 1987.
Initial Evaluation of Alternatives for Development of
Sediment-Related Criteria for Toxic Contaminants in Marine
Water (Puget Sound) - October 1983.
Protocol for Sediment Toxicity Testing for Nonpolar
Organic Compounds - February 1986.
Final Report - Recalculation of Screening Level
Concentrations for Nonpolar Organic Contaminants in Marine
Sediments - December 1987.
Reconnaissance Field Study for Verification of Equilibrium
Partitioning and Nonpolar Hydrophobic Organic Chemicals -
November 1987.
Regulatory Applications of Sediment Criteria, June 24,
1987.
Sediment Quality Criteria Methodology Validation:
Calculation of Screening Level Concentrations from Field
Data, Undated.
Sediment Quality Criteria Methodology Validation:
Uncertainty Analysis of Sediment Normalization Theory for
Nonpolar Organic Contaminants - July 10, 1987.
beoi&ent Quality Criteria Methodology Validation:
Uncertainty Analysis of Sediment Normalization Theory for
Nonpolar Organic Contaminants - November 1987.
Sediment Quality Criteria Validation: Calculation of
Screening Level Concentrations from Field Data - July
1986.
mmfmmm
DOOMDfT(S)
REQUESTED
1
^**»^"1M»T -
-rnuMfoK
orour
jtyi ' •»•£&&•*•> •••••-.••
* ' wt
j.^^ ••">'
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„
1 -
•,*•,
.'»tr,L . **^
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-------
REV. l2U6V8t
CRITERIA AND STANDARDS DIVISION
CLEARINGHOUSE ORDER FORM
TITLE
•BQQBIRD
DOCUMR(S)
Sediment Quality Criteria for Metalst II. Review of
Methods for Quantitative Determination of Important
Absorbents and Sorbed Metals in Sediments - August 1987.
Sediment Quality Criteria for Natal*: III. Review of
Data on Complexation of Trace Metal by Particulate Organic
Carbon - January 1987.
Sediment Quality Criteria for Metals: IV. Optimization
of Extraction Method! for Determining the Quantity of
Sorbents and Adsorbic Metals in Sediments - December 1987.
Sediment Quality Criteria for Metals: V. Optimization of
Extraction Methods for Determining the Quantity of
Sorbents and Adsorbic Metals in Sediments - December 1987.
Government Printing Office
Superintendent of Documents
North Capital and H Streets, MW
Washington, DC 20401
(202) 783-3238
A-15
-------
Appendix B. EPA Regional Offices and Headquarters
Contacts
Listed below are the Water Quality Standards (WQS)
Coordinators for each EPA Regional Office. (See Appendix C for a
map detailing the geographic areas of responsibility for each
Regional Office.) Headquarters contacts are listed at the end of
this appendix.
Questions can be directed to the appropriate Regional WQS
Coordinator or Headquarters representative. Reference materials
in Appendix A also can be obtained from the appropriate Regional
WQS Coordinator or Headquarters representative.
REGIONAL OFFICES CONTACTS:
REGION 1
Eric Hall
WQS Coordinator
Water Division
EPA Region 1
JFK Federal Bldg., Room 2203
Boston, MA 02203
Telephone: (617) 565-3533
REGION 3
Randy Wait*
WQS Coordinator
Water Division
EPA Region 3
841 Chestnut Street
Philadelphia. PA 19103
Telephone: (215) 597-3425
REGION 2
Rick Balla
WQS Coordinator
Water Division
EPA Region 2
Jacob K. Javitz Building
26 Federal Plaza
New York, NY 10278
Telephone: (212) 264-1559
REGION 4
Fritt Hagener
WQS Coordinator
Water Division
EPA Region 4
345 Courtland Street,
Atlanta, GA 30365
N.E.
Telephone: (404) 347-2126
8-1
Appendix B. EPA Region*! Offices and Headquarters Contacts
-------
REGION 5
Jim Luey
WQS Coordinator
Water Division
EPA Region 5 (TUD-8)
230 Dearborn Street
Chicago, IL 60604
Telephone: (312) 886-0135
REGION 8
Bill Wuerthele
WQS Coordinator
Water Division
EPA Region 8 (AWM-SP)
999 18th Street, Suite 500
Denver CO 80202-2405
Telephone: (303) 293-1586
REGION 6
David Neleigh
WQS Coordinator
EPA Region 6
1445 Rosa Avenue
Allied Bank Tower
Dallas. TX 75202-2733
Telephone: (214) 665-7145
REGION 9
Phil Woods
WQS Coordinator
Water Division
EPA Region 9 (W-3)
1235 Mission Street
San Francisco, CA .94103
Telephone: (415) 705-2177
REGION 7
John Houlihan
WQS Coordinator
Water Compliance Branch
EPA Region 7
726 Minnesota Avenue
Kansas City, KS 66101
Telephone: (913) 551-7432
REGION 10
Fletcher Shlves
WQS Coordinator
Water Division
EPA Region 10 (WD-139)
1200 Sixth Avenue
Seattle, WA 98101
Telephone: (206) 422-8293
B-2
-------
Listed below are Headquarters contacts in the Criteria and
Standards Division. This division, within the Office of Water
Regulations and Standards, is responsible for the water quality
standards program. All of the Headquarters contacts have the
same mailing address.
HEADQUARTERS CONTACTS:
Criteria and Standards Division (WH-585)
Office of Water Regulations and Standards
Environmental Protection Agency
401 M. Street, S.W.
Washington, D.C. 20460
William R. Diamond, Director
Criteria and Standards Division
Telephone: (202) 475-7301
David K. Sabock, Chief
Standards Branch
Telephone: (202) 475-7318
R. Kent Ballentine, Chief
Regulation and Policy Section
Telephone: (202) 475-7323
Marjorie A. Pitts, Chief
Program Support Section
Telephone: (202) 475-7304
Robert V. April, Chief
Criteria Branch
Telephone: (202) 475-7322
Frank E. Gostomski, Chief
Water Quality Criteria Section
Telephone: (202) 475-7321
Christopher S. Zarba, Chisf
Multi-Media Criteria Section
Telephone: (202) 475-7326
B-3
-------
Appendix C. Map of Geographical Boundaries for EPA
Regional Offices
r\
4—Alabama
10—Alaska
9 —Arizona
6 — Arkansas
9— California
8 —Colorado
1 —Connecticut
3 — Delaware
3-O.C.
4—Florida
4 — Georgia
9 — Hawaii
10—Idaho
5 —Illinois
5 — ind^fa
7 — lowa
7 — Kansas
4—Kentucky
6 — Louisiana
Regions
1 —Main*
3 —Maryland
1 —Massachusetts
S —Michigan
S ---Minnesota
4— Mississippi
7 — Mlssoort
8 — Montana
7—Nebraska
9 —Nevada
1 — New Hampshire
2 — New Jersey
6—New»«^r.i>;o
2 — New York
4 —North Carolina
8 —North Dakota
5 —Ohio
«—QWattoma
10 —Oregon
Regions
3 — Pennsylvania
t — Rhoda (aland
4 —South Carolina
8 —South Dakota
4 —Tennessee
6 — Texas
a— Utah
1 —Vermont
3 —Virginia
10 —Washington
3 —West Virginia
S —Wisconsin
8 —Wyoming
9 — American Samoa
9 —Guam
2 — Puerto Rico
2 — Virgin Islands
C-l
Appendix C M»p of Geographical Boundaries for EPA R«f tonal Offices
-------
Appendix D. Section 518 of the Clean Water Act
SEC. 518. INDIAN TRIBES.
(a) POLICY.—Nothing in this Motion shall be construed to affect
the application of section 101(g) of this Act, and all of the provi-
sions of this section shall be carried out in accordance with the pro-
visions of such section 101(g). Indian tribes shall be treated as
States for purposes of such section IQl(g).
(b) ASSESSMENT OF SEWAGE TREATMENT NEEDS; REPORT.—The
Administrator, in cooperation with the Director of the Indian
Health Service, shall assess the need for sewage treatment works to
serve Indian tribes, the degree to which such needs will be met
through funds allotted to States under section 205 of this Act and
priority lists under section SIS of this Act, and any obstacles which
prevent such needs from being met Not later than one year after the
date of the enactment of this section, the Administrator shall
submit a report to Congress on the assessment under this subsection,
along with recommendations specifying (I) how the Administrator
intends to provide assistance to Indian tribes to develop waste treat-
ment management plans and to construct treatment works under
this Act, and fS) methods by which the participation in and admin-
istration of programs under this Act by Indian tribes can be maxi-
mized.
(c) RESERVATION or FUNDS.—The Administrator shall reserve
each fiscal year beginning after September W, 1986, before allot-
ments to the States under section S05(<), one-half of one percent of
the sums appropriated under section 807. Sum. reserved under this
subsection shall be available only for grants for the development of
waste treatment management plant and for the construction of
sewage treatment works to serve Indian tribes.
(d) COOPERATIVE AGREEMENTS.—In order to ensure the consistent
implementation of the requirements of this Act, an Indian tribe and
the State or States in which the lands of such tribe are located may
enter into a cooperative agreement, subject to the review and approv-
al of the Administrator, to jointly plan and administer the require-
ments of this Act.
D-l
Vppendix D. Section SIS of the Clean W«ter Act
-------
(e) TREATMENT AS STATES.—The Administrator is authorized to
treat an Indian tribe as a State for purposes of title II and sections
104,106, 303, 305, SOB, 309, 314, 319, 401, 402, and 404 of this Act to
the degree necessary to carry out the objectives of this section, but
only if—
(1) the Indian tribe has a governing body carrying out sub-
stantial governmental duties and powers;
(2) the functions to be exercised by the Indian tribe pertain to
the management and protection of water resources which are
held by an Indian tribe, held by the United States in trust for
Indians, held by a member of an Indian tribe if such property
interest is subject to a trust restriction on alienation, or other-
wise within the borders of an Indian reservation; and
(3) the Indian tribe is reasonably'expected to be capable, in
the Administrator's judgment, of carrying out the functions to
be exercised in a manner consistent with the terms and pur-
poses of this Act and of all applicable regulations.
Such treatment as a State may include the direct provision of funds
reserved under subsection (c) to the governing bodies of Indian
tribes, and the determination of priorities by Indian tribes, where
not determined by the Administrator in cooperation with the Direc-
tor of the Indian Health Service. The Administrator, in cooperation
with the Director of the Indian Health Service, is authorized to
make grants under title II of this Act in an amount not to exceed
100 percent of the cost of a project Not later than 18 months after
the date of the enactment of this section, the Administrator shall,
in consultation with Indian tribes, promulgate final regulations
which specify how Indian tribes shall be treated as States for pur-
poses of this Act The Administrator shall, in promulgating such
regulations, consult affected States sharing common water bodies
and provide a mechanism for the resolution of any unreasonable
consequences that may arise as a result of differing water quality
standards that may be set by States and Indian tribes located on
common bodies of water. Such mechanism shall provide for explicit
consideration of relevant factors inclwding, but not limited to, the
effects of differing water quality permit requirements on upstream
and downstream dischargers, economic impacts, and present and
historical uses arw quality of the waters subject to such standards.
Such mechanisn hould provide for the avoidance of such unrea-
sonable consequences in c manner consistent with the objective of
this Act
(f) GRANTS FOR NONPOINT SOURCE PROGRAMS.—The Administra-
tor shall make grants to an Indian tribe under section 319 of this
Act as though such tribe was a State. Not more than one-third of
one percent of the amount appropriated for any fiscal year under
section 319 may be used to make grants under this subsection. In
addition to the requirements of section 319. an Indian tribe shall be
required to meet the requirements of paragraphs (1* (3). and (3) of
subsection (d) of this section in order to receive such a grant
D-2
-------
(g) ALASKA NATIVE ORGANIZATIONS.—No provision of this Act
shall be construed to—
(V grant, enlarge, or diminish, or in any way affect the scope
of the governmental authority, if any, of any Alaska Native or-
ganization, including any federally-recognized tribe, traditional
Alaska Native council, or Native council organized pursuant to
the Act of June 18, 1934 (48 Stat. 987), over lands or persons in
Alaska;
(2) create or validate any assertion by such organization or
any form of governmental authority over lands or persons in
Auukajor
(S) in any way affect any assertion that Indian country, as de-
fined in section 1151 of title 18, United States Code, exists or
does not exist in Alaska.
(h) DsfitrmoNa.—For purposes of this section, the term—
(1) "Federal Indian reservation" means all land within the
limits of any Indian reservation under the jurisdiction of the
United States Government, notwithstanding the issuance of any
patent, and including rights-of-way running through the reser-
vation; and
(V "Indian tribe" means any Indian tribe, band, group, or
community recognized by the Secretary of the Interior and exer-
cising governmental authority over a federal Indian reserva-
tion.
D-3
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