x>EPA
                United States
                Environmental Protection
                Agency
             Office of Water
             (4305)
EPA-823-B-99-005
  January 1999
Guidance to States,
Tribes, and Regions
on Priorities for the
Water Quality
Standards Program
for FY 2000-2002
EPA
823-
B-
99-005
                       U.S. EPA Headquarters Library
                          Mail code 3201
                       1200 Pennsylvania Avenue NW
                        Washington DC 20460

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          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                       WASHINGTON, D.C. 20460
                              JAN 27  699
                                                                  OFFICE OF
                                                                   WATER
Dear Colleague:

      I am please to transmit the Guidance to States, Tribes, and Regions on Priorities
for (he Water Quality Standards Program for FY 2000-2002. Section 1 lists the priorities
by theme and Section 2 by implementing entity.  The priorities included in the Guidance
are designed to strengthen and modernize the Water Quality Standards program and its
use in managing water resources on a watershed  basis.

       The Water Quality Standards Program priorities support Clean Water Act
requirements and Clean Water Action Plan: Restoring and Protecting America's Waters
directives.  Our expectation is that performance agreements between Regional Offices
and States and Tribes will reflect the applicable priorities.

      The FY 2000 - 2002 Water Quality Standards program priorities have four
organizing themes:

      •     STRENGTHEN AND MODERNIZE THE BASIC STRUCTURE OF THE
             WATER QUALITY STANDARDS PROGRAM
      •     IMPROVE THE PROCESS FOR DEVELOPING, ADOPTLNG AND
             APPROVING WATER QUALITY STANDARDS
      •     STRENGTHEN THE SCIENTIFIC BASIS OF WATER QUALITY
             STANDARDS
      •     EXPAND THE WATER QUALITY STANDARDS PROGRAM's
             IMPLEMENTATION IN INDIAN COUNTRY

      Fulfilling these priorities is a cooperative effort requiring us to build better
working relationships with States and Tribes to improve water quality standards programs
and. where necessary, to modify the Water Quality Standards regulation. We recognize
that the ambitious priorities may strain resources and. in some instances, necessitate
refining the priorities. We pledge  to work with you on obtaining additional funding for
yourl water quality standards programs.
                     Internet Address (URL) • http://www.epa.gov
    Recycted/R«cyclabt« . Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 20% Postconsumer)

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       We look forward to increased cooperation and mutual support among EPA and
States and Tribes in strengthening and modernizing the Water Quality Standards
program. Please do not hesitate to give me a call if you would like to further discuss the
Guidance or feel free to discuss them with Elizabeth Souther-land, Acting Director,
Standards and Applied Science Division (202-260-3966).
                                         Sincerely,
                                             <—-7
                                         Tudor T. Davies. Director
                                         Office of Science and Technology
Enclosure

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         Guidance to States, Tribes, and Regions on
   Priorities for the Water Quality Standards Program
                         for FY 2000-2002
                               SECTION 1
                              FY 2000-2002
         WATER QUALITY STANDARDS PROGRAM PRIORITIES
                               BY THEME

STRENGTHEN AND MODERNIZE THE BASIC STRUCTURE OF THE WATER
QUALITY STANDARDS PROGRAM
      EPA Headquarters and Regional Offices
      •     Revise the Water Quality Standards Regulation to reflect the ruling in the
            Alaska Clean Water Alliance v. Clark that State and Tribal water quality
            standards do not go into effect until EPA approval.
      •      Propose and finalize revisions to the Water Quality Standards Regulation
            and guidance, based on an analysis of comments on the July, 1998,
            Advanced Notice of Proposed Rule Making (ANPRM). Revisions will be
            designed to modernize the administrative and regulatory framework of the
            Water Quality Standards Program which:
            >    fulfill EPA's time frame mandated by the CWA for the review,
                  approval or disapproval and promulgation of State/Tribal water
                  quality standards along with the concomitant record keeping
                  requirements;
            >•    encourage innovation while ensuring consistent levels of human
                  health and ecological protection across the nation;
            >•    allow flexibility in adapting programs to diverse environmental
                  conditions; and
            >*    provide nationally consistent, predictable  bases on which to make
                  determinations under Clean Water Act section 303(c).
      •     Work together to reduce the backlog of water quality standards
            disapprovals.

IMPROVE THE PROCESS FOR DEVELOPING, ADOPTING AND APPROVING
WATER QUALITY STANDARDS
      EPA Headquarters and Regional Offices
      •     Provide guidance for States and Tribes to use in developing and adopting
            new or revised water quality standards and for EPA to use in approving
            these standards. This guidance will include ways for EPA, the Fish and
            Wildlife Service (FWS) and the National Marine Fisheries Services
            (NMFS) to become involved early in the development of new or revised
            water quality standards.
                                  1 -1

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       •     Develop Regional Office agreements with the applicable field offices of
             the FWS/NMFS ^Services) to implement the water quality standards
             portion of the Memorandum of Agreement between EPA and the Services
             that we expect to finalize in FY 1999.
       •     Evaluate, in a timely manner, State and Tribal drafts and final submittals
             of water quality standards, identify deficiencies, as appropriate, and, where
             necessary, propose and promulgate federal standards.

       States, Tribes and Regional Offices
       •     Reduce the existing backlog of State and Tribal water quality standards
             submittals and unresolved disapprovals.
       •     Work with the Services to facilitate completion of EPA's Endangered
             Species Act (ESA) obligations.

       States and Tribes
       •     Conduct timely water quality standards triennial reviews.
       •     Facilitate early agreement in the water quality standards triennial review
             process on the priorities and schedules (e.g., anticipated water quality
             standards changes, hearings, final adoption).
       •     Solicit early participation by the Services in the water quality standards
             triennial review process to identify and resolve issues related to threatened
             and endangered species prior to the submittal of new or revised standards.
       •     Facilitate EPA's review, approval or disapproval and resolution of any
             identified deficiencies.

STRENGTHEN THE SCIENTIFIC BASIS OF WATER QUALITY STANDARDS
       EPA Headquarters and Regional Offices
       9     Provide scientific information, tools, guidance and training, in accordance
             with the vision, priorities and schedule in the Water Quality Criteria and
             Standards Plan - Priorities for the Future (June, 1998 [EPA 822-R-98-
             003]) and with the  Clean Water Action Plan: Restoring and Protecting
             America's Waters (CWAP) (Washington, D.C., U.S.  GPO, 1998). This
             support includes, for example, expanding the number of contaminants for
             which EPA develops water quality  criteria recommendations, using  new
             technologies and processes to expedite revisions to the criteria, training in
             using and applying Revisions to the Methodology for Deriving Ambient
             Water Quality Criteria for the Protection of Human Health and new
             criteria recommendations, revisions to the aquatic life criteria development
             methodology, completion of the technical and implementation guidance
             for biocriteria, an integrated approach to assess and control metals in
             aquatic ecosystems, a sediment modeling toolkit for TMDLs, technical
             guidance and criteria, where sufficient data are available, for nutrients by
             type of water body, and the efficacy of risk based indicators of infectious
             disease for skin, respiratory tract, eye,  ear, and throat, etc.
                                      1-2

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                       -'"5 Library
                                            u S. EPA Hea<-
                                                  Mail cc
                                           1200PennsylVl
                                              Washington
       States and Tribes
       •     Adopt the Ambient Water Quality Criteria for Bacteria - 1986 and
             Recommended National Water Quality Criteria (www.epa.gov/OST), or
             scientifically defensible alternatives.
       •     Review the consistency of State/Tribal methodologies for developing fish
             consumption advisories with EPA's Guidance For Assessing Chemical
             Contaminant Data For Use In Fish Advisories,  vol.  1 and 2 and revise,
             where appropriate.
       •     Review and, where appropriate, revise or adopt implementation
             procedures for:
             >•     antidegradation policies applicable to point source and polluted
                    runoff discharges;
             >•     mixing zone policies;
             X     narrative criteria to preclude adverse effects to human health, and
                    aquatic life, including Federally listed threatened and endangered
                    species, from toxic pollutants in the water column and in the
                    sediment for toxic pollutants in accordance with EPA's
                    equilibrium partitioning sediment guidelines or a scientifically
                    defensible alternative.
       •     Review and, if necessary, revise water quality standards to include the
             protection of threatened or endangered species,  identified under the
             Federal Endangered Species Act (ESA), as part of use designations,
             aquatic  life criteria and applicable implementation procedures.
       •     Collect, in accordance with national technical guidance, data on which to
             base scientifically defensible ecoregion and water body-specific numeric
             nutrient criteria.
       •     Review the aquatic life use designation system and refine the aquatic life
             uses with bioassessment information.  Protect the refined aquatic life uses
             by adopting scientifically defensible quantitative biological criteria (either
             narrative or numeric) that protect each biologically-based aquatic life use.
             When adopting narrative biological criteria, adopt procedures to translate
             the narrative into quantitative measures.
       •     Review and adopt recreational uses which more precisely define the uses
             to be protected.

EXPAND THE WATER QUALITY STANDARDS PROGRAM'S IMPLEMENTATION
IN INDIAN COUNTRY
       EPA Headquarters and Regional Offices
       •     Assist Tribes in completing program authorization and accelerate their
             adoption of water quality standards or promulgate Federal standards, based
             on demonstrated Tribal interest (e.g., communication from the Tribal
             Council or chairman, attendance at the Water Quality Standards
             Academies, Multi-Regional Workshops, etc.).
1 -3

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                                  SECTION 2
                                 FY 2000-2002
          WATER QUALITY STANDARDS PROGRAM PRIORITIES
                                 BY ENTITY

EPA HEADQUARTERS AND REGIONAL OFFICES
       Strengthen and modernize the basic structure of the water quality standards
       Program
       •     Revise the Water Quality Standards Regulation to reflect the ruling in the
             Alaska Clean Water Alliance v. Clark that State and Tribal water quality
             standards do not go into effect until EPA approval.
       •      Propose and finalize revisions to the Water Quality Standards Regulation
             and guidance, based on an analysis of comments on the July, 1998,
             Advanced Notice of Proposed Rule Making (ANPRM). Revisions will be
             designed to modernize the administrative and regulatory framework of the
             Water Quality Standards Program which:
             >     fulfill EPA's time frame mandated by the CWA for the review,
                    approval or disapproval and promulgation of State/Tribal water
                    quality standards along with the concomitant record keeping
                    requirements;
             >-     encourage innovation while ensuring consistent levels of human
                    health and ecological protection across the nation;
             X     allow flexibility in adapting programs to diverse environmental
                    conditions; and
             >     provide nationally consistent, predictable bases on which to make
                    determinations under Clean Water Act section 303(c).
       •     Work together to reduce the backlog of water quality standards
             disapprovals.

       Improve the process for developing, adopting and approving water quality
       standards
       •     Provide guidance for States and Tribes to use in developing and adopting
             new or revised water quality standards and for EPA to use in approving
             these standards. This guidance will include ways for EPA, the Fish and
             Wildlife Service (FWS) and the National Marine Fisheries Services
             (NMFS) to become involved early in the development of new  or revised
             water quality standards.
       •     Develop Regional Office agreements with the applicable field offices of
             the FWS/NMFS (Services) to implement the water quality standards
             portion of the Memorandum of Agreement between EPA and the Services
             that we expect to finalize in FY 1999.
       •     Evaluate, in  a timely manner, State and Tribal drafts and final  submittals
             of water quality standards, identify deficiencies, as appropriate, and, where
             necessary, propose and promulgate federal standards.
                                     2-1

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       Strengthen the scientific basis of water quality standards
       •      Provide scientific information, tools, guidance and training, in accordance
              with the vision, priorities and schedule in the Water Quality Criteria and
              Standards Plan - Priorities for the Future (June, 1998 [EPA 822-R-98-
              003]) and with the Clean Water Action Plan: Restoring and Protecting
              America s Waters (CWAP) (Washington, D.C., U.S. GPO, 1998).  This
              support includes, for example, expanding the number of contaminants for
              which EPA develops water quality criteria recommendations, using new
              technologies and processes to expedite revisions to the criteria, training in
              using and applying Revisions to the Methodology for Deriving Ambient
              Water Quality Criteria for the Protection of Human Health and new
              criteria recommendations, revisions to the aquatic life criteria development
              methodology, completion of the technical and implementation guidance
              for biocriteria, an integrated approach to assess and control metals in
              aquatic ecosystems, a sediment modeling toolkit for TMDLs, technical
              guidance and criteria, where sufficient data are available, for nutrients by
              type of water body, and the efficacy of risk based indicators of infectious
              disease for skin, respiratory tract, eye, ear, and throat, etc.

       Expand the water quality standards program's implementation in Indian
       Country
       •      Assist Tribes in completing program authorizations and accelerate their
              adoption of water quality standards or promulgate Federal standards, based
              on demonstrated Tribal interest (e.g., communication from the Tribal
              Council or chairman, attendance at the Water Quality Standards
              Academies, Multi-Regional Workshops, etc.).

STATES, TRIBES AND REGIONAL OFFICES
       Improve the process for developing, adopting and approving water quality
       standards
       •      Reduce the existing backlog of State and Tribal water quality standards
              submittal and unresolved disapprovals.
       •      Work with The Services to facilitate completion of EPA's Endangered
              Species Act (ESA) obligations.

STATES AND TRIBES
       Improve the process for developing, adopting and approving water quality
       standards
       •      Conduct timely water quality standards triennial reviews.
       •      Facilitate early agreement in the water quality standards triennial review
              process on. the priorities and schedules (e.g., anticipated water quality
              standards changes, hearings, final adoption).
       •      Solicit early participation by the Services in the water quality standards
              triennial review process to identify and resolve issues related to threatened
              and endangered species prior to the submittal of new or revised standards.
                                      2-2

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•      Facilitate EPA's review, approval or disapproval and resolution of any
       identified deficiencies.

Strengthen the scientific basis of water quality standards
•      Adopt the Ambient Water Quality Criteria for Bacteria -1986 and
       Recommended National Water Quality Criteria (www.epa.gov/OST), or
       scientifically defensible alternatives.
•      Review the consistency of State/Tribal methodologies for developing fish
       consumption advisories with EPA's Guidance For Assessing Chemical
       Contaminant Data For Use In Fish Advisories, vol. 1 and 2 and revise,
       where appropriate.
•      Review and, where appropriate, revise or adopt implementation
       procedures for:
       >     antidegradation policies applicable to point source and polluted
              runoff discharges;
       >•     mixing zone policies;
       >     narrative criteria to preclude adverse effects to human health, and
              aquatic life, including Federally listed threatened and endangered
              species, from toxic pollutants in the water column and in the
              sediment for toxic pollutants in accordance with EPA's
              equilibrium partitioning sediment guidelines or a scientifically
              defensible alternative.
•      Review and, if necessary, revise water quality standards to include the
       protection of threatened or endangered species, identified under the
       Federal Endangered Species Act (ESA), as part of use designations,
       aquatic life criteria and applicable implementation procedures.
•      Collect, in accordance with national technical guidance, data on which to
       base scientifically defensible ecoregion and water body-specific numeric
       nutrient criteria.
•      Review the aquatic life use designation system and refine the aquatic life
       uses with bioassessment information. Protect the refined aquatic life uses
       by adopting scientifically defensible quantitative biological criteria (either
       narrative or numeric) that protect each biologically-based aquatic life use.
       When adopting narrative biological criteria, adopt procedures to translate
       the narrative into quantitative measures.
•      Review and adopt recreational uses which more precisely define the uses
       to be protected.
                                       U.S. EPA Hea-- -  ->rtors Library
                                              Mail      i;:  •
                                       1200Penns-.-       .^••u
                                          Washing ,   .••.: ^0460
                                 2-3

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