'A823/B-95-004
             United States
             Environmental Protection
                             EPA-823-B-95-004
                             September 1994
 PROTECTION
\  AGENCY
DALLAS, TEXAS

 LIBRARY
            Introduction to
            Water Quality
            Standards


-------

-------
OVERVIEW

In response to widespread public concern about the condition of our
Nation's waters, the United States Congress enaeted landmark
legislation in 1972.  This statute, the Federal Water Pollution
Control Act Amendments of 1972 [referred to as  the Clean Water
Act of 1972 (CWA)], expanded and built upon existing laws
designed to control and prevent water pollution.   Successive
amendments to the 1972 CWA (the Clean Water Act of 1977 and
the Water Quality Act of 1987) have continued to strengthen the law
to better protect our Nation's waters.

Water quality standards are the cornerstone of a  State's water
quality management program.  States and Indian  Tribes set water
quality standards for waters within their jurisdictions. Water quality
standards define a use for a waterbody and describe the specific
water quality criteria to achieve that use. The water quality
standards also contain antidegradation policies to protect existing
water quality.  These are the goals by which success is  ultimately
gauged for a given waterbody or watershed.

This publication provides general information about the water
quality standards program.  It is intended to serve as an introductory
document for the general public and for those unfamiliar with the
water quality standards  program. This document  also informs the
reader about where to obtain additional information about water
quality standards.  The document also contains a  Glossary of terms
used in this publication as Appendix A. It also contains terms and
concepts commonly associated  with water quality standards. Terms
found in the Glossary are printed in bold face italic type at their
first use, as above.

We would appreciate knowing  if this publication  has been helpful  to
you.   Please take a few minutes to complete and return  the Reader
Response Card located at the end of this document.

-------

-------
                TABLE OF CONTENTS
                                                        page
                   Overview
                   Dedication
I                  Introduction
II                 Uses of a  Waterbody
III                 Water Quality Criteria
IV                 Antidegradation Policy
V                 Water Quality Standards
                   on Indian  Lands
VI                 Adoption of Water Quality
                   Standards
VII                For  More  Information
Appendix A       Glossary
Appendix B       List  of 307(a) Priority
                   Toxic Pollutants
Attachment       Reader Response Card
i
ii
1
5
9
15

19

23
29
32

37
39
                         Dedication

   This publication is dedicated to David K. Sabock, Chief of the
   Water Quality Standards Branch, U.S. Environmental
   Protection Agency (EPA) from 1979-1995. Dave will retire at
   the end of 1995 after more than 35 years of dedicated Federal
   service. He has been the driving force and the guiding light
   behind the water quality standards program at EPA and its
   predecessor organizations. Dave has made significant
   contributions  to improvements in the Nation's water quality
   during his long and illustrious career. He has been an
   inspiration to  and has guided the  careers of many colleagues
   during his tenure at EPA. We expect that his golden years will
   be as vigorous and energetic as the last three and one-half
   decades that he devoted to public service. We, his many
   associates and friends, wish him well in his future endeavors.

-------

-------
Section I: Introduction

Part A: Definition and Purpose of Water Quality Standards

Water quality  standards are laws or regulations that States and
Indian Tribes  authorized to administer the program adopt to enhance
water quality and to protect public health and welfare. Water
quality standards provide the foundation  for accomplishing two of
the principal goals of the Federal Water Pollution Control Act
Amendments of 1972 [commonly referred to as the Clean Water Act
(CWA)  of 19721.  That is to:

       •      restore and maintain the chemical, physical, and
              biological integrity of the  Nation's waters; and

       •      where attainable, to achieve water quality that
              promotes protection and propagation of fish, shellfish,
              and wildlife, and provides for recreation in and on the
              water.  This goal is commonly known by the
              expression "fishable/swimmable".

States report to the U.S. Environmental Agency (EPA) and Congress
under a specific part of the CWA, known as Section 305(b), on
whether these  goals are being achieved. (Under Section 305(b),
States report to EPA once every two years  on the condition of their
waters. EPA compiles the data and submits  a report to Congress on
the status and  condition of the Nation's  waters.)

A water quality  standard consists of three elements:  (1) the
designated beneficial use or uses of a waterbody or segment of a
waterbody; (2) the water quality criteria necessary to protect the use
or uses of that particular waterbody;  and (3) an antidegradation
policy.  (Each of these elements is discussed in this publication.)
Examples of designated uses  are recreation and protection of aquatic
life. Water quality criteria describe the quality of water that will
support  a designated use. Water quality  criteria may be expressed
as either numeric limits or a narrative statement.  An

                              7

-------
antidegradation policy ensures that water quality improvements are
conserved, maintained, and protected.

Water quality standards apply to surface waters of the United
States, including wetlands. Surface waters include rivers, streams,
lakes, oceans, estauries, and wetlands; they do not include ground
water.

Part B: Statutory Authority for the Water Quality Standards
Program

The water quality standards program is authorized under Section
303(c) of the CWA (33 U.S.C. 1313(c)).  The current regulations
implementing this section of the CWA were published initially in
the Federal Register (FR) on November 8, 1983 (48 FR 51400).
The specific language of the regulations can be found in the Code of
Federal Regulations (CFR) in Chapter 40, Part 131.

(The Federal Register is a periodical published by the U.S.
Government. It includes all proposed and final regulations issued by
EPA and  other federal agencies. The number preceding the letters
"FR"  in the  citation refers to  the volume of the Federal Register, and
the numbers after FR indicate the page number. The Code of
Federal Regulations contains  all  EPA and other regulations that have
received final approval. This  document is abbreviated as CFR. The
numbers in CFR citations refer to chapters and parts: each chapter
customarily  includes all the regulations in a given policy area  such
as water quality standards, while each part within a chapter is  a
specific subject within that policy area.)

The water quality standards program was strengthened in two
significant ways with passage of the 1987 Water Quality Act
amendments to the CWA.  First, Section 303(c)(2)(B) of the CWA
requires States to adopt numeric criteria for specific toxic pollutants
that appear on a priority pollutant list [Section 307(a)  of the CWA].
(Priority pollutants are compounds and families that are among the
most  persistent, prevalent, and toxic  chemicals. A list of priority

-------
pollutants appears as Appendix B.) These toxic substances are those
for which EPA published Section 304(a) criteria recommendations.
These toxics, if discharged to a waterbody or are present in
sufficient concentrations in a waterbody, could compromise or
interfere with the waterbody's  designated use.  On December 22,
1992, EPA imposed Federal chemical-specific, numeric criteria for
priority toxic pollutants on 14  States that failed to adopt their own
criteria, as required by Section 303(c)(2)(B) of the CWA.  This
action brought all States into compliance.

Second, Section 518 of the 1987 CWA gives EPA the authority to
approve Indian Tribes to administer the water quality standards
program on Reservation Lands.  Section 518 also  required EPA to
develop a mechanism for resolving disputes when an Indian Tribe
and a State adopt different water quality standards on a common
body of water.  On December  12, 1991, EPA issued Amendments to
the Water Quality Standards Regulation that Pertain to Standards on
Indian Reservations (40 CFR  131.6 and 131.7).  The Amendments
establish qualification criteria for Indian Tribe administration and
describe a conflict resolution mechanism.

Part C: Establishing Water Quality Standards

The 50 States, the District of Columbia, U.S. Territories
(Commonwealth of Puerto  Rico, American Samoa, Palau, the Virgin
Islands, Guam, and the Commonwealth of the Northern Mariana
Islands), and Indian Tribes authorized to administer the program
adopt water quality standards for each waterbody within the State,
territory, or tribal boundary. (Throughout this document, the term
State is used to mean any  of the above jurisdictions.)  EPA may also
establish water quality standards where a State fails to do so.  A
single water quality standard need not be applied to the entire
waterbody (for example, for the entire length of a stream); different
water quality standards may be set on different segments of the
same waterbody.

-------
EPA reviews new or revised water quality standards that States
adopt to determine whether the standards meet CWA requirements.
EPA also reviews the standards of each State to ensure that they do
not interfere with attainment of standards in waters  shared with
another State or waters located in another State downstream.  If
EPA disapproves a State's water quality standards, or determines
that a new or revised water quality standard is necessary to meet the
requirements of the Act, EPA  may issue water quality standards to
which the State is bound.  EPA provides technical guidance,
program grants, and assistance to the States to help  them carry out
the requirements of the program.

-------
Section II:  Uses of a Waterbody

Part A: Designated Uses and Existing Uses

The water quality standards program categorizes water uses in two
ways:  designated uses and existing uses.  A designated use is the
legally applicable use specified in a water quality  standard for a
watershed, waterbody, or segment of a waterbody.  A designated use
is a use that, presently, may or may not be met or "attained". All
pollution control  activities are designed to attain the designated uses.
An existing use is the use that has been achieved for a waterbody on
or after November 28, 1975, and that requires the most stringent
criteria. (This is the date when the original water quality standards
regulation took effect.)

Understanding the distinction between existing and designated uses
is fundamental to understanding the standards program.  An existing
use for a specific waterbody is one that has been attained; that use
and the water quality necessary to continue supporting that  use must
be protected and  maintained.  Designated uses, on the other hand,
may be changed upon finding that the  use cannot be  attained, but
only after conducting a Use Attainability Analysis (UAA), described
in Part C of this Section. Changing a designated use  also results  in a
change to the  applicable  water quality  criteria.

Part B: Typical Uses of a Waterbody

Typical uses of waterbodies include public water supply,
propagation of fish and wildlife, recreation, agriculture, industrial
processes, and navigation.  EPA does not recognize waste transport
as an acceptable use. Designated or existing uses for wetlands may
include providing habitat for endangered species or mitigating the
effects of flood waters.

A special designated use category is Outstanding National  Resource
Waters (ONRWs). These waters are high  quality or ecologically
unique waters such as those within the jurisdiction of National and

                              5

-------
State Parks and wildlife refuges.  ONRWs are waters that are
ecologically important, unique, or sensitive (such as swamps or hot
springs), which the commonly applied use classifications and
supporting criteria do not always serve to protect.  No new or
additional discharges can  occur in ONRWs.  Some States have a
special use category called State Resource Waters, which may allow
limited changes in water quality as long as the changes do not affect
the characteristics that support the use designation.

Part C: Establishing Designated Uses

States are responsible for establishing designated uses of a
waterbody.  Categories of designated uses vary by State.  Each State
develops its own use classification system based on the generic uses
cited in the CWA (see Section I, Part A).  States may designate uses
such as cold  water fisheries or particular species to be protected, for
example, trout or bass.  States may also designate special uses to
protect sensitive or valuable aquatic life or habitat.

Figure 1 below illustrates an example of a use designation. In this
case, the waterbody depicted is a cold water stream,  and the

-------
designated use is aquatic habitat. The stream system is appropriate
for sustaining the brook trout depicted in the figure because it has
undercut banks, a gravel stream bed, and overhanging vegetation.

Uses may be revised during periodic State reviews of the water
quality standards, which, by law, are required at least once every
three years. The public must have an opportunity to comment on
changes in uses and EPA must approve any changes.

When establishing a designated use that does not meet the
"fishable/swimmable" goal, States perform a use attainability
analysis (UAA) to determine the achievable uses of  a waterbody.  A
UAA is a structured scientific assessment of the physical, chemical,
biological, and economic factors that affect the attainment of  a use.
Consisting of a waterbody survey and assessment  and an economic
analysis, if appropriate, the UAA enables the States  to answer the
following questions about the conditions of its waters:

       •      What is the existing use to be protected?

       •      To what extent does pollution (as opposed to physical
              factors) contribute to impaired use?

       •      What level of point source control is  required to
              restore or enhance the use?  (The term  "point source"
              refers to pollution resulting from discharges into
              receiving waters from any discernible confined and
              discrete conveyance such as a pipe, ditch, or sewer.)

       •      What level of nonpoint source control is  required to
              restore or enhance the use?  (The term "nonpoint
              source" refers to pollution sources that are diffuse and
              do not have a single point of origin. Run-off from
              agriculture, forestry, and  construction  sites are
              examples.)

While UAAs are the responsibility of the States, the actual  studies

-------
may be performed by other entities (e.g., consultants hired by the
States or Indian Tribes).  States are encouraged to consult with EPA
before the analysis is initiated and frequently while it is being
conducted.  EPA's Regional Offices can provide  additional
information about UAAs (Section VII of this document contains a
list of the Regional Offices and the States and Territories covered by
each region).  A State may also elect, at its option, to conduct a
UAA even when designating fishable/swimmable uses, simply to
document the reasonableness of the designation and the attainability.

Part D: Changing Designated Uses

States may modify a designated use when its attainment is precluded
because of one or more of the following factors:

    •      naturally  occurring pollutant concentrations;

    •      natural, intermittent or low-flow  water levels;

    •      anthropogenic conditions or sources of pollution that
          cannot be corrected or for which corrective measures
          would cause more deterioration of the environment than
          would leaving the conditions or pollutants in place;

    •      dams, diversions, or other hydrologic  modifications;

    •      physical conditions associated with the natural features of
          the waterbody,  unrelated to quality, that impede
          protection of aquatic life; or

    •      more stringent controls than those required by Sections
          301(b)(l)(A) and (B) and 306 of the CWA would result
          in substantial and widespread economic and  social
          impact.

-------
Section III: Water Quality Criteria

Part A: Definition of Water Quality Criteria

The phrase "water quality criteria" has two definitions under the
CWA.  First, under Section 304(a), EPA publishes water quality
criteria that reflect available scientific information on the
concentrations of specific chemicals in water that protect aquatic life
or human health.  These criteria are intended to provide protection
for all surface waters on a national basis and may be used by the
States as a basis for developing enforceable water quality criteria as
part of their standards.  The general public sometimes mistakenly
views these criteria as the "standards."  In a legal sense, a water
quality standard must also contain a designated use and an
antidegradation policy.

Second, water quality criteria are elements of water quality standards
adopted by a State under Section 303(c), which describe the quality
of water that will  support a particular use.  When properly selected
criteria are met, they are expected to protect the designated use.  As
a practical matter, most States for most pollutants adopt EPA's
Section 304(a) criteria recommendations as part of their legally
enforceable water quality  standards.

Part B: Forms of Criteria

Water quality criteria are expressed in either numeric form or
narrative form.  Numeric criteria are  expressed as chemical
concentrations or conditions (such as pH or turbidity) in water
which should protect designated uses. Concentrations of chemicals
or other pollutants are typically expressed as a weight, measured per
liter, such as  jttg/L (micrograms per liter) or mg/L (milligrams  per
liter). Micrograms are much smaller than milligrams: one milligram
equals 1000 micrograms.  An example of a numeric criterion is
dissolved oxygen > 5.0 mg/L (stated in English, this narrative
criterion means that the amount of oxygen dissolved  in the water
should be equal  to or greater than 5  milligrams per liter).

-------
Section 303(c)(2)(B) of the CWA requires States to adopt numeric
criteria for priority toxic pollutants. The 126 individual priority
toxics  are listed in Appendix B to this document.

Narrative criteria are expressed in concise statements, generally in a
"free from" format. EPA aesthetic narrative quality criteria, for
example, state that "all waters  should be free from substances
attributable to wastewater or other discharges that: (1) settle to form
objectional  deposits; (2) float as debris, scum, oil, or  other matter to
form nuisances; (3) produce objectionable color, odor, taste, or
turbidity; (4) injure, are toxic to, or produce adverse physiological
responses in humans, animals, or plants; and (5) produce undesirable
or nuisance aquatic life." Similarly, the phrase "free from toxic
pollutants in toxic  amounts" is derived from the national goal
statement in Section 101(a)(3) of the CWA.  An example of a
narrative, biological criterion is natural background conditions shall
be maintained.

Part C: Site-specific Criteria

Site-specific criteria are either numeric or narrative criteria  adopted
for a particular site that reflect environmental conditions at that site.
The EPA Section 304(a) guidance on water quality criteria, which
are intended to provide protection for all surface waters on a
national basis, is broad. These broad criteria can be tailored to
reflect localized, site-specific  conditions.  Site-specific criteria are
sometimes justified because:

    •      species  inhabiting a given  site may be more sensitive or
           less sensitive than  those used by EPA to develop Section
           304(a) criteria;

    •      water chemistry (e.g., pH,  hardness, temperature,
           suspended solids) at the  site may differ substantially from
           the water used in the laboratory for developing Section
           304(a) criteria, affecting toxicity of the chemicals to the
           organisms in the water; or

                                  10

-------
       •      EPA may not have a criteria recommendation for a
              pollutant adversely affecting the designated use at a
              particular location.

Part D: Developing Water Quality Criteria

EPA publishes, as guidance, Section 304(a) criteria which reflect the
most current scientific information available regarding pollutant
effects on human health and aquatic life.  The criteria, which have
no force of law, are published as guidance documents to assist the
States and  Indian Tribes in setting water quality standards. Human
health criteria provide guidelines that specify the potential risk of
adverse effects to humans due to substances in water.  Aquatic life
criteria are designed to protect all aquatic life, including plants and
animals.

The criteria guidance documents issued by EPA contain two major
types of information:

       1.     scientific data on the effects of pollutants on human
              health (including recreation) and aquatic life; and

       2.     quantitative concentrations or qualitative assessments
              of pollutants in  water that will generally ensure water
              quality adequate to support a particular use.

The document, Quality  Criteria for Water 1986, contains summaries
of all contaminants and conditions for which  EPA has developed
criteria recommendations. The current edition is known as the
"Gold Book." This document may be obtained for a fee from the
National Technical  Information Source (NTIS) or the Education
Resource Information Center (ERIC) (complete ordering information
is contained in Section VII of this document).

EPA considers effective  State  water quality standards programs to
include  both numeric approaches and narrative approaches.  In the
case  of toxic pollutants, for example, numeric criteria for specific

-------
chemicals are appropriate in circumstances where the cause of
toxicity is known, or when human health effects are associated with
a specific concentration of the toxic pollutant.  A narrative standard
may be suitable when a specific pollutant is identified as impairing
the quality of the waterbody (such as reducing  fish populations), but
a numeric criterion is not specified in State standards.  Narrative
standards can also be used when the chemical(s) causing the  toxicity
is unknown.  As a specific standards program matures and more
definitive data become available, narrative  criteria can be replaced
with numeric ones.

Anyone may propose a site-specific criterion to a State. A
municipality or a private company may conduct the work  to  support
a site-specific criterion.  The State must review the data and  the
procedures used to collect and analyze the data. The State must
then make the determination whether to adopt site-specific criteria.
If adopted, the  State must submit the site-specific criteria to EPA for
review and approval or disapproval.  The State may use methods
that are less scientifically rigorous than EPA's, but the methods
must be defensible (as required by 40 CFR 131.11).

Guidance, developed by EPA, for deriving site-specific  water quality
criteria starting with EPA's Section 304(a) criteria can be obtained
from EPA's Health and Ecological Criteria Division at the address
listed in  Section VII.  Guidelines for Deriving Numerical National
Water Quality Criteria for the Protection of Aquatic Life, published
in October 1984, is available from NTIS (publication number PB85-
227049).  States are also urged to  consult with the  appropriate  EPA
Regional Office (listed  in Section VII) before beginning to develop
site-specific criteria.

Part E: Water  Quality  Criteria for Protection  of Human Health

Water quality criteria have been established to protect human health
from most toxic pollutants ingested by consuming aquatic organisms
(such as fish containing mercury). The criteria are based  on the
assumption that humans consume 6.5 grams of contaminated aquatic

                                 72

-------
organisms daily and that the average body weight of a human is 70
kg or about 150 pounds.  These criteria use other standardized
factors for each pollutant, which are derived from laboratory studies.
EPA is now revising its human  health criteria, which will encourage
more State and local input on risk management decisions.
EPA's water quality criteria for fish consumption are distinct from
the limits developed by the Food and Drug Administration  (FDA)
and serve a different function.  The  EPA criteria for protecting
human health are non-regulatory, scientific recommendations for
ambient levels in water, which if not exceeded, will ensure that safe
levels are maintained in edible aquatic organisms.  ("Ambient"
refers to the existing conditions in the waterbody.) The FDA action
levels are regulatory numbers used to prohibit the sale of edible
aquatic life when contaminant concentrations in the edible portions
of the organisms exceed the FDA  limit.

Part F: Water Quality  Criteria for the Protection of Aquatic Life

The development of national numerical water quality criteria for the
protection of aquatic life is a complex process. After a decision is
made that a national criterion is needed for a particular material, all
available  information concerning the impact of that material  on
aquatic life is collected; this can include experimental and laboratory
testing data. There are two types of  criteria which may be
established:  "acute," which cover short-term exposures such  as
spills, and "chronic," which cover long-term or permanent
exposures. One or both of the acute and chronic criteria may be
related to other water quality characteristics, such as pH,
temperature, or hardness. Separate criteria are developed for  fresh
and salt waters.

Part G: Other Criteria—Preserving Biological Integrity

In addition to human health and aquatic life criteria, EPA is
developing biological and sediment  criteria to further the CWA
                              13

-------
goal of protecting the chemical, physical, and biological integrity of
the Nation's waters. Biological criteria are narrative or numeric
expressions that describe the desired biological  condition of aquatic
communities inhabiting particular types of waterbodies. Sediment
criteria address the toxicity of different sediment types in different
environmental settings; controlling sediment pollutant concentration
helps prevent harmful  chemicals from accumulating in the tissues of
animals in the food chain.

While each type of water quality criterion has a different protective
focus, human health, aquatic life, biological, and sediment criteria
are complementary. No single criterion value or number will
guarantee protection of all forms of life.  Collectively, these four
types of criteria provide a  valuable tool for protecting the physical,
chemical, and biological—and ultimately the ecological—integrity of
the Nation's waters.
Figure 2 below shows how use designation and criteria can be
applied to different waterbodies (in this case a stream, lake, and
wetland) within a watershed.
                             Figure 2

                                  14

-------
Section  IV: Antidegradation Policy

Part A: Origin and Purpose of Antidegradation Policies

EPA's water quality standards regulation requires States and Indian
Tribes to adopt a policy that conserves, maintains, and protects
existing uses and the water quality necessary to protect these uses.
This policy is known as the antidegradation policy. Established by
the Secretary of Interior in February  1968 before the creation of
EPA, the policy was incorporated into  the water quality standards
regulation issued by EPA in November 1975.  The policy was
clarified and included in  the water quality standards regulation
published in the Federal Register on November 8,  1983 (48 FR
51400); the  specific code  is contained in 40 CFR  131.12.  Section
303(d) of CWA establishes Congressional recognition and approval
of EPA's  antidegradation  policy.

Part B: Federal Antidegradation Requirements

The water quality standards regulation  requires  States and Indian
Tribes to adopt an antidegradation policy that

       •       maintains existing uses of a waterbody or segment
              and the level  of quality necessary to protect the  use
              (known as Tier  1 waters);

       •       protects high  quality waters (unless certain conditions
              are met). High quality water is that which exceeds
              levels necessary to support propagation of fish,
              shellfish, and wildlife as well  as recreation in  and on
              the water (these waters are also known as Tier 2
              waters); and

       •       provides special protection for Outstanding National
              Resource Waters (ONRWs)(also known as Tier  3
              waters).
                              75

-------
Many States designate Outstanding State Waters instead of ONRW;-
to provide additional protection while allowing for limited
discharges.
      '61-
Part C: State Antidegradation Policies

States and Indian Tribes are required to adopt an antidegradation
policy and methods for their implementation.  The policy need not
be formally  adopted into the State's water quality standards, but it
must be specifically referenced in the standards regulation so that its
relationship  to the standards is clear.

EPA has the authority to review State  and Tribal antidegradation
policies and to issue such policies  if a State or Indian Tribe fails to
adopt an antidegradation policy that is consistent with the CWA.
Implementation plans may be disapproved by EPA if the plans
contain  provisions that may result  in violating the intent, spirit, and
requirements of the antidegradation policy.

Issuance of  a National Pollutant Discharge Elimination System
(NPDES) permit  by a State or an Indian Tribe serves as an example
of how  EPA may disapprove the implementation of an
antidegradation policy. (Section 402 of the CWA, the National
Pollutant Discharge Elimination System, is the EPA  program that
controls the discharge of pollution from point sources by requiring
that a person or organization discharging any type of waste into a
surface  water obtain a NPDES  permit  from EPA, and limit their
discharges to the  limit contained within the permit. EPA has the
legal authority to delegate  its permit granting role to the States and
Indian Tribes.) If a State or Indian Tribe, for example, fails to apply
its antidegradation policy  when  it issues an NPDES permit,  EPA
may object to the permit as not meeting the requirements of the Act.
The State or Indian Tribe may  then be barred from issuing the
permit until steps are taken to comply with the antidegradation
policy.  Citizens  may also  challenge any permit  in State court on the
grounds that it does not comply with  the State's or Indian Tribe's
antidegradation policy. Additionally, EPA may  determine

                                 16

-------
that the State's or Indian Tribe's antidegradation policy is, in fact,
inconsistent with EPA requirements (40 CFR Section 131.12). In
this case, EPA would issue an antidegradation policy for waters in
the State or Reservation Lands.

The antidegradation policy has been developed so that it minimizes
adverse effects on economic growth and development and at the
same  time protects CWA goals.  Federal regulations are not intended
to result in standards that are so stringent that compliance  would
cause severe economic  impacts.  The antidegradation policy does not
prohibit lowering of water  quality.  It does, however, establish a
public process for considering the relevant factors before doing so.

Part D: Antidegradation Policy and Wetlands

States and Indian Tribes are expected to fully apply their
antidegradation policies to  wetlands.  Wetlands are defined in the
CWA  as those areas that are inundated or saturated by surface or
ground water at a frequency and duration to support, and  under
normal circumstances do support, a prevalence of vegetation
typically adapted to life in  saturated soil conditions. Wetlands
generally include marshes,  swamps, bogs, and similar areas.

The antidegradation policies should provide for the protection of
existing uses in wetlands and the level of water quality that is
necessary to  protect those uses,  similar to antidegradation policies in
other  waters.  In the case of using wetlands for disposing dredge
and fill material (such as materials that might result from
development of highways and airports, or from construction of dams
and levees), EPA follows a slightly different interpretation of
existing uses. EPA recognizes that Congress intended for  some fill
to occur  in wetlands, as long as the discharged materials do  not
result in  significant degradation  as defined in the section of the
CWA that concerns permits for  dredge and fill materials [Section
404(b)(l) guidelines in  40 CFR  Part 230)J.  These guidelines
establish a process to ensure that impacts to wetlands are  avoided,
                               77

-------
minimized, and mitigated.  States may, of course, adopt stricter
requirements for wetland fills in their antidegradation policies.
                                  18

-------
Section V: Water Quality Standards on Indian Lands

Part A: Requirements for Water Quality Standards Programs on
Indian Lands

Before an Indian Tribe is granted authority to administer a water
quality standards program, the following criteria must be met:

       •     The Indian Tribe must be recognized by the Secretary
             of Interior.

       •     The Tribe must have a governing body with
             substantial duties and powers within a defined area
             (including authority to conduct governmental
             functions such  as ensuring the health and welfare  of
             an affected population).

       •     The water quality standards program must include
             managing and protecting water resources within the
             borders of the Indian Reservation.

       •     The Indian Tribe must have the necessary
             management and technical skills to implement an
             effective water quality standards program or must
             submit a plan to acquire those skills.

The Tribal application to administer the program must be submitted
to the EPA Regional Administrator, who informs all neighboring
governmental entities that the application has been received.  The
Regional Administrator allows 30 days for comments on the Tribe's
application.  (Locations of EPA Regional Offices and the States
covered by each are contained in Section VII.) States and other
Federal  entities  participating in the review cannot veto the
application.  EPA independently evaluates the application and
promptly notifies the Tribe in writing whether it qualifies to
administer the program.  No statutory requirement exists that
requires an Indian Tribe to apply for the water quality standards

                             19

-------
program, nor is there a deadline by which applications must be
submitted.

Part B: The Issue Dispute Resolution Mechanism

The December  12, 1991 Amendments to the Water Quality
Standards Regulation That Pertain to Standards on Indian
Reservations  (40 CFR 131.6 and 131.7) set forth procedures to
resolve unreasonable consequences that may arise when an Indian
Tribe and State adopt different water quality standards on a common
body of water.  EPA has established mechanisms for resolving
disputes between Indian Tribes and States, but prefers that Indian
Tribes and States resolve disputes without EPA  involvement.

The  "issue dispute resolution mechanism" is a way for EPA to
resolve issues that arise as a result of States and Indian Tribes
setting different water quality standards on common bodies of water.
Dispute resolution actions involving water quality standards must be
consistent with one or more  of the following options:

a. Mediation.  The EPA Regional Administrator may appoint a
   mediator who can be an  employee of EPA or some other Federal
   agency, or another appropriately qualified individual.  The
   mediator, acting as a neutral facilitator,  encourages
   communication and negotiation among disputing parties, and
   may establish advisory panels to study the problems and
   recommend a solution.  The advisory panel must consist of
   members  from the affected parties.  The mediation procedure
   and schedule is determined by the mediator  in consultation with
   the parties to the dispute.

b. Arbitration.  The EPA Regional Administrator may appoint an
   arbitrator or arbitration panel (which disputing parties must
   approve) to settle the dispute.  Arbitrators and panel members
   may be EPA employees, employees of other Federal agencies, or
   other individuals with appropriate qualifications.  Individuals
   serving in this capacity who are Federal employees must act

                                 20

-------
independently of their agencies.  Arbitrators and panelists
must be versed in the water quality standards program and
understand the political and economic interests of the Indian
Tribes and States involved.

At least one private or public meeting must be held with the
parties. The arbitrator or panel must solicit information on
how fulfilling the requirements for obtaining a permit affect
entities that discharge into a  water body, comparative risks to
public health and the environment, economic impacts, water
uses, water quality, and other factors relevant to the dispute.
After considering these factors, the arbitrator or panel
provides a written recommendation for resolving the dispute
to the affected parties and the EPA Regional Administrator.

Disputing parties need not accept the recommendation unless
they voluntarily entered into  a binding agreement to do so.
If a party to the dispute believes that the arbitrator or panel
has recommended an action that is inconsistent  with the
CWA, the party may appeal the recommendation to the
Regional Administrator in writing. The appeal must include
the  statutory basis for altering the arbitrator's
recommendation.

Dispute Resolution Default Procedure.  A  default procedure
is available when disputing parties refuse to participate in
either mediation or arbitration.  In such an event, the EPA
Regional Administrator may  appoint a single official or panel
to review information related to the dispute and issue a
written recommendation for its resolution.  Recommendations
issued by EPA resulting from this default procedure have no
force of law.
                       27

-------
Part C: Options for Establishing Water Quality Standards

Indian Tribes have three options for establishing water quality
standards for waters under their jurisdiction:

    •      They may negotiate a cooperative agreement with an
          adjoining State to apply  that State's water quality
          standards to the Reservation Lands. A cooperative
          agreement can include any provision agreed upon by the
          two parties; or

    •      they may adopt the adjacent State's water quality
          standards with or without modifications; or

    •      they may develop and adopt their own standards to
          account for unique Tribal uses and needs.
                                 22

-------
Section  VI: Adoption of Water Quality Standards

Part A: Processes For Establishing Water Quality Standards

The process for developing, reviewing, adopting, and implementing
water quality standards on land under the jurisdiction of States and
Indian Tribes is the same.  The overall requirements are specified in
the CWA and the water quality standards regulation issued on
November 8, 1983.

Each State and Tribe has its own legal and administrative
procedures for adopting water quality standards; there are no
standardized procedures.  The CWA requires States and Indian
Tribes to hold one public hearing and to involve the public in
reviewing and revising water quality standards.

The governmental entity responsible for adopting State or Indian
Tribal  water quality standards varies from State to State and Tribe
to Tribe.  In some States, water quality standards are adopted by
the State legislative body and signed into law by the Governor.  In
others, standards are adopted through an administrative agency
rulemaking procedure which may be subject to legislative oversight.
For Indian Tribes, the governing Tribal body or authority  is
responsible for adopting water quality standards on Reservation
Lands.

One approach to water quality protection considers the whole
aquatic system, including other resource management programs  that
address land, air,  and water to successfully manage problems for a
given aquatic resource.  This approach—the watershed protection
approach—encourages States and Indian Tribes to work collectively
to manage high priority water quality concerns, to coordinate
among various interests, and to devise solutions for local
conditions. States and Tribes define the goals in the watershed, or
waterbody, of concern and can adopt these in their water quality
standards. Goal  selection is driven by stakeholder involvement  in
the process.

                             23

-------
Part B: Status of the Water Quality Standards Program

All 50 States, the District of Columbia, and the U.S. Territories
have developed water quality standards.  Some Indian Tribes have
been authorized to administer the water quality standards program
and have approved water quality standards.  The  number of Tribes
that may eventually assume responsibility for the program  is
unknown.

Part C: Reviewing, Revising, and Adopting New Standards

Section 303(c) of the CWA requires States to hold public hearings
at least once every three years to review applicable water quality
standards and, if appropriate, to adopt new standards.  In
conjunction with EPA, States select waterbodies for which water
quality  standards  are to be reviewed in-depth.  Selection is based on
the following sources of information:

    •       a list of impaired waters, Section 304(1). This list
           comprises two types  of waters: first, those in which
           water quality standards cannot be met because of the
           presence of toxic pollutants; second, those in which the
           following uses cannot be maintained or achieved. This
           category includes public water supplies, agricultural and
           industrial uses, the protection and propagation of a
           balanced population of shellfish, fish and wildlife, and
           recreational activities in and on the  water. The second
           category also includes any waters that present a threat to
           public health.

    •       reports on the condition of the waters  within the
           boundaries of each State (Section 305(b) Reports). These
           reports, required biennially for each State, describe the
           water quality of all navigable waters in the State, as well
           as the nature  and sources of pollution  to the waters
           during the preceding two years.
                              24

-------
       •      waters identified as not meeting water quality
              standards (Section 303(d) Lists). This section requires
              States to list those waters for which  (1) the
              limitations on effluent discharges (or releases of
              pollutants to a waterbody) are not stringent enough to
              implement water quality standards for the waters and
              (2) the limitations  on thermal discharges (effluent
              with elevated temperatures) are not stringent enough
              to ensure protection and propagation of a balanced
              indigenous  (native) population of shellfish, fish, and
              wildlife.

       •      waterbody segments where major NPDES permits are
              to be issued; and

       •      priorities within a  watershed.

Additionally, waterbodies with water quality standards that  do not
meet the requirements of the CWA (i.e., do not provide for the
protection of aquatic life or recreation) must be reexamined every
three years.  States must review their standards to determine if new
scientific and technical data may be available which have a bearing
on their standards.  Further, environmental changes and economic
development over time may warrant the need for a review.  Where
States have not adopted standards that provide for the protection of
aquatic life or recreation, the State must periodically review
standards to see if the "fishable/swimmable"  uses can be attained.
In addition, States may have adopted water quality  standards
without sufficient data to determine  whether the uses were
attainable.  Finally, changes in the CWA or EPA's regulations may
necessitate State review of their standards to ensure continued
compliance with Federal requirements.

States may use several ways to determine the appropriateness of a
water quality standard.  Generally, States will review intensive
water quality survey and monitoring data, and any other information
for a waterbody, to determine if uses are impaired or if water

                             25

-------
quality criteria are exceeded.  If uses are impaired or criteria
exceeded, States will evaluate whether more stringent controls are
needed to attain the water quality  standard or whether the water
quality standards are appropriate.

Part D: EPA's Role Following State or Tribal Adoption of
Standards

The Governor or Tribal Authority (or designee) submits the State's
or Tribe's officially adopted standards to the appropriate EPA
Regional Administrator for review.  The Regional Administrator
reviews the standards to determine compliance with the CWA and
implementing regulations. The Regional Administrator may
approve or disapprove (in whole or in part) State or Tribal water
quality standards based on the review.  If the standards do not meet
CWA requirements, the Regional  Administrator must inform the
State or Tribe of the changes needed to bring the standards into
compliance.   If the State  or Tribe  does not make the required
changes, EPA begins a process that results in the promulgation
(i.e., the issuance of a legally binding standard) of a Federal water
quality standard for the affected waters.  Meanwhile, the standards
adopted by the State or Tribe remain in effect until  the promulgation
process is complete or the State adopts revised water quality
standards.  These requirements are listed in 40 CFR 131.6.

In addition, EPA is required under the Endangered Species Act to
consult with the Fish & Wildlife Service (F&WS) and the National
Marine Fisheries Service (NMFS) to determine if adverse effects to
threatened or endangered species are likely.  The F&WS is part of
the U.S.  Department of Interior, and the NMFS is part of the
National Oceanic and Atmospheric Administration.  The
Endangered  Species  Act (ESA) was enacted in 1973. The ESA and
subsequent amendments are intended to protect and preserve plants
and animals whose populations have been threatened or impaired by
the actions of humans.
                                 26

-------
EPA may also issue Federal regulations when the Administrator
determines that a new or revised standard is necessary to meet the
requirements of the CWA. Federal water quality standards are
withdrawn when States or Tribes adopt standards that meet the
statutory and regulatory requirements.  At the present time, Federal
actions of this type remain in force in  Arizona, the Coleville
Confederated Tribes Indian Reservation in Washington, the San
Francisco Bay/Delta,  and in 14 jurisdictions in the National  Toxics
Rule.

When  issuing water quality standards that are binding on a State or
on Tribal Lands, EPA must adhere to the same substantive
requirements as the State or Tribe for adopting standards.
Additionally, EPA at a minimum must

       •     publish the proposed water quality standard in the
             Federal Register,

       •     solicit public comments on the proposed standard,

       •     hold a  public hearing,

       •     analyze and incorporate public comments, and

       •     publish the final water quality standard.

Part E: Enforcing  Water Quality  Standards

Water  quality standards are not directly Federally enforceable under
the CWA, but they provide a basis for establishing discharge limits
in NPDES permits and Section 404 permits  (those permits that
allow for the disposal of dredge and fill material into surface
waters).  The permits are legally enforceable. Failure to comply
with NPDES or dredge-and-fill permit limits can result in
enforcement action.  States, however, do have the  option, under
Section 510 of the CWA,  to make water quality standards directly
enforceable.

-------
Part F: The Role of the Public in Setting Water Quality Standards

The public has a vested interest in our Nation's water quality.
Open hearings on water quality standards provide an opportunity for
the public to become involved in  the water quality standards setting
process.  Citizens may make recommendations on improvements or
modifications in the standards  during the public hearing process.
Public hearings are a powerful vehicle through which citizens may
make their concerns known  to public officials.  States and Indian
Tribes are required by  law to hold hearings at least once every three
years.

Part G: Available Guidance and Assistance

In addition to  publishing Section  304(a) criteria guidance, EPA
develops other informational materials to help the States and  Indian
Tribes meet the requirements of the water quality standards
program.  Such informational materials include technical
publications, newsletters, and videotapes.  Guidance materials are
supplemented  by  training programs, technical assistance,
workshops, meetings, and other forums conducted by EPA
personnel.  EPA personnel are also available  for consultation.  EPA
encourages a free exchange  of information in the Federal-State
effort to clean-up and protect the Nation's waters.   (Section VII of
this document tells you where additional information about water
quality standards  and criteria can be obtained.)
                                 28

-------
 Section VII: For More Information

 EPA's ten Regional  Offices (listed on page 31) can provide detailed
 information about the procedures by which an Indian Tribe may
 qualify for water quality standards program authorization.  EPA is
 also available to provide technical  information as Indian Tribes
 begin to develop  water quality standards affecting Reservation
 Lands.

 Information on the water quality standards of a given State may be
 obtained from the State's Water Pollution Control Agency or its
 equivalent or directly from an Indian Tribe.  Information may also
 be obtained from the Water Quality Standards Coordinator in each
 Regional Office identified on page 31.

 You may also contact EPA at the following address for more
 information about water quality standards, including schedules for
 training programs and technical assistance workshops, documents
 and videos.

 Specific information  about water quality standards may be obtained
from

       U.S. Environmental Protection Agency
       Office of Water
       Office of Science & Technology
       Standards  & Applied Science Division
       401 M Street, SW (4305)
       Washington, DC 20460
       (202) 260-1315
                             29

-------
Specific information about water quality criteria, including, site-
specific criteria, may be obtained from

   U.S. Environmental Protection Agency
   Office of Water
   Office of Science & Technology
   Health & Ecological Criteria Division
   401  M Street, SW  (4304)
   Washington, DC 20460
   (202) 260-0658

To purchase a copy of Quality Criteria for Water 1986, containing
summaries of all contaminants and conditions for which EPA has
developed criteria recommendations, contact

   National Technical Information Center
   U.S. Department of Commerce
   5285 Port Royal Road
   Springfield, VA 22161
   (800) 553-NTIS
   Order Number:   PB87-226759
                 or
   Education Resource Information Center
   1929 Kenny Road
   Columbus, OH 43210
   (800) 276-0462
   Order Number: D-760
                                30

-------
                         EPA Regions


                                      77777
EPA Regional Water Quality Standards Coordinators
                                                   Region 9 Water Division
                                                   75 Hawthorne Street
                                                   San Francisco. CA 94105
                                                   (415) 744-1997
                                                   (415) 744-1078 (fax)
                                                   AZ, CA,  NV, HI, Palau,
                                                   Guam. American Samoa,
                                                   N  Mariana Islands
Region 1 Water Division
JFK Federal Building
Boston, MA 02203
(617) 565-3539
(617) 565-4940 (fax)
CT. ME. VT. MA, NH. RI
Region 5 Water Division
77 West Jackson
Boulevard
Chicago, IL  60604-3507
(312)353-9024
(312) 886-7804 (fax)
IL, IN. OH. MI. MN, WI
Region 2 Water Division
290 Broadway
New York. NY  10007
(212) 264-5685
(212) 637-3772 (fax)
NJ,  NY.  Puerto  Rico.
Virgin Islands

Region 3 Water Division
841 Chestnut Street
Philadelphia, PA 19107
(215) 597-4491
(215) 597-3359 (fax)
DE, DC,  WV, MD, PA.
VA

Region 4 Water Division
345 Courtland Street. N.E
Atlanta. GA  30365
(404) 347-3555 x6633
(404) 347-1799 (fax)
AL. FL, GA, TN, KY, NC,
SC, MS
                          Region 6 Water Division
                          1445 Ross Avenue
                          First Interstate Bank
                          Tower
                          Dallas. TX 75202
                          (214) 665-6643
                          (214) 665-6689 (fax)
                          AR, LA, NM, OK. TX

                          Region 7 Water
                          Compliance Branch
                          726 Minnesota Avenue
                          Kansas City. KS  66101
                          (913)551-7441
                          (913) 551-7765 (lax)
                          IA. KS, MO.  NE

                          Region 8 Water Division
                          999 18th Street
                          Denver. CO  80202-2405
                          (303) 293-1586
                          (303) 391-6957 (fax)
                          CO. MT. UT. ND, SD,
                          WY
                         Region 10 Water Division
                         (WS-139)
                         1200 Sixth Avenue
                         Seattle. WA 98101
                         (206) 553-0176
                         (206) 553-0165 (fax)
                         AK, ID, OR. WA
                                  31

-------
                           APPENDIX  A:  GLOSSARY

This glossary includes terms used in this document and additional terms that are frequently
used in discussions of water quality standards

The Act-refers to the Clean Water Act (Public Law 92-500, as amended (33 USC  1251, et
seq.) (40CFR 131  3)

acute—refers to short-term exposures to pollutants

Administrator—refers to the Administrator of the  U S. Environmental Protection Agency

ambient—refers to existing conditions in a waterbody

anthropogenic—generated or caused by the actions of humans

antidegradation policy-policy required by EPA's water quality standards regulation that
States and Indian Tribes must adopt to conserve, maintain, and protect existing uses and the
water quality necessary to protect these uses; the policy was established  by the Secretary of
Interior in February 1968 before the creation of EPA and incorporated into the water
quality standards regulation issued by EPA  in November  1975

aquatic life criteria—guidelines designed to protect all aquatic life, including plants and
animals

arbitration—a dispute resolution process in which an individual or panel recommends a
solution to an issue arising between two parties. The solution recommended by the
arbitrator can be binding on the parties if they  choose to make it so.

attain—achieve or reach  (as a water quality goal)

background conditions—natural conditions, conditions not affected or influenced by the
activities of humans

biological integrity—the  condition of the aquatic community inhabiting unimpaired water
bodies of a specified habitat as measured by community structure and function

biological criteria—narrative or numeric expressions that describe the desired biological
condition of aquatic communities inhabiting particular types of waterbodies

chronic—refers to long-term exposures to pollutants

Code of Federal Regulations-a publication  of the U.S. Government that contains all EPA
and other regulations after they have received final approval.  Referred to as "CFR."
                                           32

-------
  ignatcd use—that use defined in water quality standards for each water body or segment
  sther or not the use  is being attained

  :harge limits-any restriction on quantities, rates, and concentrations of chemical.
  'sical, biological or other constituents which are discharged from point sources

  :harge—the addition  of any  pollutant(s) to navigable waters from any point  source.

  dge material—material resulting from activities such as the widening
  Jeepening of channels, building of canals, construction of levees

  ilogy (ecological)—the study of the interrelationships of organisms and their environment

  uent—waste material discharged into the environment, including waters of the  United
  tes

  sting use-the use that has been achieved for a waterbody on or after November 28,
  75

 ieral Register—a publication of the U.S Government that includes all proposed and final
 .ulations issued by EPA.  Referred  to as "FR."

  material—earth used for  embankments or as backfill

 od and Drug Administration—the U.S. Government agency that establishes limits used to
 ihibit the sale of edible aquatic life when the concentrations of contaminants exceed
 ;citied levels

 sitat—the  environment occupied by individuals of a particular species, population, or
 immunity

 man health criteria—guidelines that specify the potential risk of adverse effects  to humans
 e to substances  in the water

 drology (hydrologic)—the science dealing with the properties, distribution, and circulation
 water both on the surface of and under the earth

ipaired waters—waters that fail to meet applicable  water quality standards or  to  protect
•signaled uses  (such as fishing or swimming)

dian Tribe or Tribe—any Indian  Tribe, band,  group, community recognized by the
:cretary of the Interior and exercising governmental authority over a Federal  Indian
eservation
                                           33

-------
Indian Reservation (Reservation, Tribal Lands)—all land within the limits of any Indian
reservation under the jurisdiction of the U S  Government, notwithstanding the issuance c
any patent, and including rights of way running through the reservation

indigenous—existing, and having originated naturally, in a particular region or environme

Issue Dispute Resolution Mechanism—the procedure contained in the Clean Water Act fo
resolving conflicts between States and Indian Tribes that adopt different water quality
standards on a common body of water

mediation—a dispute resolution process in which a neutral or impartial individual attempt
to facilitate a solution to a dispute arising between two parties by encouraging
communication and negotiation

National Pollutant Discharge Elimination System—the EPA program that regulates point
source discharges through the  issuance of permits to discharges  and enforcement of the
terms and conditions of those  permits

navigable  waters—the waters of the United States,  including the  territorial seas

nonpoint source pollution—pollution sources that are diffuse and do not have a single poii
of origin; run-off from agriculture, forestry, and construction sites can be non-point sourc
pollution

organic substance—carbon-containing  substances in plant and animal matter; high
concentrations are often found in municipal and industrial wastewater and in surface runo
organic chemicals refers to a manufactured chemical used for controlling weeds and msec
pests; many are considered to  be carcinogenic

Outstanding National Resource Waters—the highest quality waters of the United States;
waters of exceptional ecological significance that are important, unique, or ecologically
sensitive

permit—legal authority to carry out  a regulated activity

point source pollution—pollution resulting from discharges into receiving waters from any
discernible, confined, and discrete conveyance, such as a pipe, ditch, or sewer

priority toxics or pollutants-those substances listed by the Administrator under Section
307(a) of the Clean Water Act

promulgate—to make known or public the terms of a proposed regulation, or to put a
regulation into action or force

Regional Administrator—the senior  official in an EPA Regional  Office

rulemaking—the process by which regulations or laws are enacted


                                        34

-------
 iment(s)—transported or deposited particles derived from rocks, soils, or biological
 enals

 iment criteria—narrative or numeric expressions that describe the desired condition of
 imerits in particular types of waterbodies, sediment criteria address the toxicity of
 erent sediment types in different environmental settings

 tes—includes the 50 United States, District of Columbia, Guam, Commonwealth of
 •no Rico, Virgin Islands, American Samoa, Trust Territory of the Pacific Islands, and
 nrnonwealth of the Northern Mariana Islands, and Indian Tribes that EPA determines
 lify for treatment as States for the purpose of water quality standards

 ute (statutory)—a law (having  legal force)

 'ace waters—bodies of water on the surface of the earth, including lakes, rivers, streams,
 lands, etc.

 ic substance/pollutant—substances (or pollutants) that, after discharge and upon exposure,
 estion. inhalation, or assimilation into any organism, either directly from the
 'ironment or indirectly by ingestion through food chains, will, or on the basis of
 irmation available to the Administrator, cause death, disease, behavioral abnormalities,
 icer, genetic mutations, physiological malfunctions (including malfunctions in
 roduetion) or physical deformations, in such  organisms or their offspring

 ; Attainability Analysis—a structured scientific  assessment of the factors affecting the
 u'nment of the use which may  include physical, chemical, biological, and economic
 tors as described m Section 131.10(g)(40 CFR  131.3)

 ter quality standards—provisions of State or Federal law which  consist of a designated
 • or uses for the waters of the  United Sates, water quality criteria for such waters  based
 in such  uses, and an antidegradation policy; water quality standards are intended to
 >tect public  health and welfare, enhance the quality of water, and serve the purposes of
 Clean Water Act

 ter quality criteria—criteria published by EPA under Section 304(a) for specific
smicals in water intended to provide protection  for aquatic life  and human health in all
-face waters on  a national basis, elements of water quality standards adopted by States
der Section  303(c), which  describe the quality of water that will support a particular use

iters of the United States-refer to

  (1) all waters which are currently used, were  used in the past, or may be susceptible to
  use  in interstate or foreign commerce, including all waters which are subject to the ebb
  and flow  of the tide;

  (2) all interstate waters, including interstate wetlands;



                                          35

-------
(3) all  other waters such as intiastate lakes, rivers, streams (including intenmttentstreams
mudflats, sandtlats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or
natural ponds the use or degradation of which would affect or could affect interstate or
foreign commerce, including any such waters.

                  (i) which are or could be used by interstate or foreign travelers for
                  recreational or other purposes;

                  (ii) from which fish or shellfish are or could be taken and sold in
                  interstate or foreign commerce;

                  (iii)  which are or could be used for industrial purposes by industries i
                  interstate commerce;

         (4) all impoundments of waters otherwise defined as waters of the United State
         under this definition,

         (5) tributaries  of waters in paragraphs (1) through (4) of this definition.

         (6) the territorial sea; and

         (7) wetlands adjacent to waters  (other than  waters that are themselves wetlands,
         identified in paragraphs (1) through (6) of this definition   "Wetlands" are defm
         as those areas that are inundated or saturated by  surface or ground water at a
         frequency and duration sufficient to support, and that under normal circumstanc
         do support,  a  prevalence of vegetation typically adapted for life in saturated soi
         conditions.  Wetlands generally include marshes, swamps, bogs, and similar are

         Note. Waste treatment systems, including treatment ponds or lagoons designed i
         meet the requirements of the Act (other than cooling ponds as defined  in 40 CF
         423.! l(m) which also meet the  criteria for this definition) are not waters of the
         United States.

watershed-the region draining into a river, river system, or other waterbody

wetland-those areas that are inundated or saturated by surface or ground water at a
frequency and duration  sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated  soil conditions;
wetlands generally include swamps, marshes, bogs, and similar areas
                                        36

-------
                               APPENDIX B
 LIST OF SECTION 307(A) PRIORITY TOXIC POLLUTANTS
Acenaphthene
Acenapthylene
Acrolein
Acrylonitnle
Aldrin
Antimony
Anthracene
Arsenic
Asbestos
1,2 Benzanthracene
Ben/ene
Benzidme
Benzo (A) Pyrene  (3,4
Benzopyrene)
3,4 Ben/.ofluoranthene
Benzo (K) Fluoranthene
1.12  Benzoperylene
Beryllium
Bromoform
(Tribromomethane)
Bromomethane (Methyl
Bromide)
4 Bromophenyl Phenyl
Ether
Cadmium
Carbon Tetrachlonde
(Tetrachloromethane)
Chlordane
Chlorobenzene
(Monochlorobenzene)
Chlorodibromomethane
(Halomethane)
Chloroethane
(Monochloroethane)
Chloroethyl Ether (Bis-2)
1  Chloroethoxy Methane
(Bis-2)
2 Chloroethyl Vinyl Ether
4 Chloro-3-Methylphenol
Chloromethane (Methyl
Chloride)
Chloroform
(Trichloromethane)
2 Chlorophenol
Chloroisopropyl Ether
(Bis-2)
2 Chloronaphthalene
4 Chlorophenyl Phenyl
Ether
Chromium (HEX and TRI)
Chrysene
Copper
Cyanide
4,4 DDT
4,4 DDE
4,4 ODD
Dibenzo (a,h) Anthracene
1,2 Dichlorobenzene
1,3 Dichlorobenzene
1,4 Dichlorobenzene
3.3 Dichlorobenzidme
1,1  Dichloroethane
1,2 Dichloroethane
1.1  Dichloroethylene
1.2 Trans-Dichloroethylene
Dichlorobromomethane
(Halomethanes)
Dichloromethane
(Halomethanes)
2,4 Dichlorophenol
1.2 Dichloropropane
1,3 Dichloropropylene
Dieldrin
2,4 Dimethylphenol
Diethylphthalate
Dimethylphthalate
2.4 Dmitrotolucne
2,6 Dinitrotoluene
2,4 Dimtrophenol
Dioxin (2,3,7,8-TCDD)
1,2 Diphenylhydrazme
Alpha EndoMilfan
Beta Endosulfan
Endosulfan Sulfate
Endnn
Endrin Aldehyde
Ethylbenzene
Fluorene
Fluoranthene
Heptachlor
Heptachlor Epoxide
Hexachloroethane
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclohexane
(Lindane)
Hexachlorocyclohexane
(Alpha)
Hexachlorocyclohexane
(Beta)
Hexachlorocyclohexane
(Delta)
Hexachlorocyclopentadiene
Ideno (1,2,3-cd) Pyrene
(PAH)
Isophorone
Lead
Mercury
Naphthalene
Nickel
Nitrobenzene
2 Nitrophenol
4 Nitrophenol
4,6  Dinilro-2-Methylphenol
Nitrosodimethylamine N
Nitrosodiphenylamme-N
Nitrosodi-N-Propylamine-N
PCB 1242
PCB 1254
PCB 1221
PCB 1232
PCB 1248
PCB 1260
                                    37

-------
 PCB 1016
 Phenol
 Pentachlorophenol
 Phenanthrene (PAH)
 Bis (3 Ethyl Hexyl)
 Phthalate
 Butyl Benzyl Phthalate
 Di-N-Butyl Phthalate
 Di-N-Octyl-Phthalate
 Pyrene (PAH)
 Selenium
 Silver
 1,1,2,2 Tetrachloroethane
 Tetrachloroethylene
 Thallium
 Toluene
 Toxaphene
 1,2,4 Tnchlorobenzene
 1,1,1 Trichloroethane
 1,1,2 Trichloroethane
 Trichloroethylene
 2,4,6 Tnchlorophenol
 Vinyl Chloride
 (Chloroethylene)
Zinc
                                           38

-------
                   READER RESPONSE  CARD

 U.S Environmental Protection Agency strives to he  responsive to the needs of our
 >mers.  We would appreciate knowing if this document has been helpful to you Please
 a minute  to complete and return this evaluation form to us so that we can better serve
 1. How helpful was the information contained in this publication?
 Circle one number: 12345
                   Somewhat   Quite    Very

 2. Does the publication discuss the subject to your satisfaction'' ( ) Yes  ( )  No

 3. Is the level of detail appropriate for your use9 ( ) Yes (  ) No

 4. How clearly is the  publication written or the material presented''
 Circle one number  1     2345
                   Unclear  About Right  Very

 5 How effective are the illustrations''
 Circle one number: 12345
                Ineffective Quite    Very

 6 What is your afffiliation'' Check one:
 ( ) Local  government representative            ( ) Attorney/legal representative
 ( ) State government representative             ( ) Environmental group
 ( ) Federal government representative          ( ) Private citi/en
 ( ) Consultant                                ( ) Trade/industrial association
 ( ) Academia Circle One Student *  Instructoi  ( ) Other	
          Level     	Elementary School              	
                   	Junior High/Middle School
                   	High School
                   	University

 7. Do you have  any suggestions for improving this publication''
se fold and either staple or tape this form so that  the address is visible on the back and
 it to us. Thanks for your assistance

S RESPONSE CARD IS FOR EPA DOCUMENT NUMBER:  EPA-823-B-95-004
                                       39

-------
            LO
            O
            00
 o
 c
 CD
 D)
 C
 O
'+->
 o
 (D
-t-"
 O
 s_
OL-

ID
4->
 C
 CD

 E
 c
 o
         O  ®
        ^£  o
         o  c
         c  o
        -c 'o
     CD
     •i-i
     CD
-o
 C
 CD
 CD
 O
 C
_CD
'o
00
 c  o
UJ  CD
  .  O
00 M=
_CD

"o.
 Q.
                    O
                    CD
                    •<*
                    O
                    CM
 c  ^
 CD  00
 
-------