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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