United States
             Environmental Protection
             Agency
             Office of Water
             Regulations and Standards
             Washington. DC 20460
December 198?
             Water
&EPA
Questions & Answers on
Water Quality Standards

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                        WATER QUALITY STANDARDS

                         Questions and Answers

1.  UNDER WHAT SECTION OF THE CLEAN WATER ACT (CWA) DOES THE WATER
QUALITY STANDARD PROGRAM OPERATE?

     Section 303 of the CWA (33 U.S.C. 1313(c)).  The implementing
     Regulation may be found at 48 FR 51400, November 8, 1983.


2.  WHAT IS A WATER QUALITY STANDARD?

     A water quality standard is a rule or law comprised of the use or
     uses to be made of the water body or segment and the water quality
     criteria necessary to protect that use or uses.  (See questions 11
     and 15).  Essentially all of these rules are established by the
     States, although occasionally a Federal rule will supersede part
     of a State's rule.  Water quality standards are to protect the
     public health or welfare, enhance the quality of the water and
     serve the purposes of the Act,


3.  WHAT IS THE PURPOSE OF A WATER QUALITY STANDARD?

     Standards serve the dual purposes of establishing the water
     quality goals for a specific water body and serve as the
     regulatory basis for the establishment of water-quality-based
     treatment controls and strategies beyond the technology-based
     levels of treatment required by Sections 301(b) and 306 of the
     CWA.
4.  WHAT ARE THE IMPROVEMENTS IN THE REGULATION THAT WILL BE EMPHASIZED
IN THE MANAGEMENT OF THE STANDARDS PROGRAM?

      - Enphasis on the goals of the Act; i.e., "Water Quality should,
        wherever attainable, provide for the protection and propagation
        of fish, shellfish, and wildlife and recreation in and on the
        water" (Section 101(a)(2)).

      - Increased emphasis on the control of toxic pollutants.

      - Inclusion of a provision for mandatory upgrading of water
        quality standards.

      - Clarification of provisions for changing water quality
        standards.

      - Clarification and expansion of State/EPA roles.
                                                                   /
      - Refinement of the forms of water quality criteria and their
        application.

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      - Clarification and expansion of the antidegradation  policy.

      - Clarification of the dual role of standards in establishing
        water quality goals and providing a regulatory basis  for
        treatment beyond that required by §301(b) and §306.


5.  DOES THE INCREASED ATTENTION TO THE WATER QUALITY-BASED APPROACH
MEAN EPA IS ABANDONING TECHNOLOGY-BASED CONTROLS?

     Definitely not.  Nothing in the proposed water quality standards
     regulation amends or modifies in any way the technology-based
     requirements of the Clean Water Act applicable to municipalities
     or industries.  The water-quality based approach will  enable
     States to provide adequate water quality protection beyond what
     will  be achieved through technology-based control.


6.  DOES THE EMPHASIS ON STATE INVOLVEMENT MEAN THE AGENCY  IS  REDUCING
ITS INVOLVEMENT IN THE REVIEW OF STATE-ADOPTED STANDARDS?

     No.  In fact, to properly implement the new program policies,
     there needs to be increased active EPA regional participation with
     the States beginning at the start of the revision process so that
     the need to disapprove a State-adopted standard is reduced to an
     absolute minimum.

     The Regional  Office must ensure, through cooperation with the
     State, that the process and procedures a State will  use to revise
     standards will result in sufficient data to support a  public
     decision on standards.  Regional Administrators, in their review
     of State standards, are to assure that decisions on standards are
     adequately supported by scientific and technical evidence.  The
     Administrator's responsibility to promulgate Federal standards  is
     not diminished in any way by the regulation.
7.  WILL THE NEW POLICIES RESULT IN INCREASED DOWNGRADING OF  STREAM
USES?

     No.  Increased stream "downgradings" are not anticipated  because
     the regulation specifies that designated uses cannot be  removed  if
     the uses are existing (unless a use requiring more stringent
     criteria is added), or if uses can be attained through technology
     based controls or best management practices.  Additionally, when  a
     State desires to change the designated uses of its waters  such
     that the uses of the water body do not include the uses  specified
     in the Act (i.e., the protection and propagation of fish,
     shellfish, and wildlife and recreation in and on the water),  the
     State will have to demonstrate through a use attainability
     analysis that these uses are not attainable based on physical ,
     chemical, biological  or economic factors.  This use attainability

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     analysis is also required for future changes that the  State may
     make for,a water, body and-for current use designations which do
     not include the uses/specified in the goals of the  Act.   Also, the
     antidegradation policy provides special protection  for high
     quality waters and waters which constitute an, outstanding national
     resource.
8.  WHAT IMPACT WILL THESE  IMPROVEMENTS  HAVE  ON  WATER  QUALITY?

     Water quality will be  improved because attainable  standards  will
     be set and realistic control programs will  be put  in  place to
     achieve those-standards.  Overall,  since the; standards  are
     expected to be more appropriate for a particular  water  body,  EPA
     expects to achieve identifiable water quality improvement.   In
     some cases, standards  have  been set at unattainable levels and
     have not provided a realistic basis for  treatment  and control
     programs.
9. TO WHAT WATERS DOES A WATER  QUALITY  STANDARD  APPLY?

     The waters of the United States.   The term  "navigable  waters"  was
     changed in the Regulation  to  "waters of the United  States"  to
     avoid confusion.  The  CWA  defines  "navigable waters" as  "waters  of
     the United States", a  broader  class, of waters than  considered
     "navigable" under some other  statutes.
10. DO WATER QUALITY  STANDARDS  APPLY  TO  GROUND  WATERS?

     Ground water standards are  not a  requirement  under  the  Clean  Water
     Act, although  States  can adopt standards under  their  own laws to
     protect the ground waters  of the  State.
11. WHAT ARE THE USES  OF  A WATER  BODY?

     Section 303(c)  of the-CWA mentions  several  uses  including:   public
     water supplies, protection and  propagation  of  fish  and  wildlife,
     recreation, agricultural and industrial  water  supplies  and
     navigation.  While the statutory listing  of uses  is not a
     limitation, EPA does  not recognize  waste  transport  as a beneficial
     use.
 12;  HOW  ARE  USES  ESTABLISHED?

     States  have  primary  responsibility for  establishing stream uses
     through a  periodic review  process  involving consultation with EPA
     and public hearings  which  must  occur at least once every three
     years.  Section  303(c)  of  the  Act  requires  that standards "shall

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     be established taking into consideration their use and value
     for..." the uses named in question #11.  Section 101(a)(2) of the
     Act indicates that "wherever attainable" water quality standards
     are to provide for the protection and propagation of fish,
     shellfish and wildlife and to provide for recreation in and on the
     water".  States designate uses for a water body consistent with
     the Act by analyzing the existing uses made of the water body and
     the potential of the water body to attain particular uses based on
     physical, chemical, biological and hydrological characteristics of
     the water body.  Where designated uses do not include those
     specified in the goals of the Act, the State is required to
     conduct a use attainability analysis.  Where water quality
     improvements result in new uses,  States must revise their
     standards to reflect these new uses.   In establishing uses, States
     must protect and maintain downstream standards.
13. HOW ARE USES FOR OUTSTANDING NATIONAL RESOURCE WATERS ESTABLISHED?

     As with other uses, the States designate appropriate waters as
     Outstanding National Resource Waters (ONRW).   The selection is
     based on the need to provide maintenance and protection to high
     quality waters that constitute an outstanding national resource,
     such as waters of national and State parks,  wildlife refuges and
     waters of exceptional recreational or ecological significance.
     The States also establish the criteria that  specifically protect
     the characteristics that make the water an ONRW.  Ordinarily most
     people believe this category protects the highest quality waters;
     and that is the primary intent.   The ONRW category also offers a
     means to provide special protection to waters of "ecological
     significance".  These are water bodies which are important,
     unique, or sensitive ecologically, but whose water quality as
     measured by traditional parameters (dissolved oxygen,  pH,  etc.)
     may not be particularly high or whose character cannot be
     adequately described by these parameters.  Such unique waters
     might include swamps, hot springs, etc.
14. DO ALL STATES HAVE THE SAME USES FOR THEIR WATERS?

     Each State has its own classification system.   However,  the same
     basic uses of support and propagation of aquatic life and
     recreation in and on the water are used by all States with
     variations of different uses for different waters.   The States may
     differentiate the types of uses to be protected,  such as coldwater
     or warmwater fisheries,  or specific species that are to be
     protected,  such as trout or bass.   They may also designate special
     uses to protect particularly sensitive or valuable  water bodies.

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15.  WHAT ARE WATER QUALITY CRITERIA?

     Criteria are elements of State water quality standards expressed
     as constituent concentrations or levels, or narrative statements
     that represent a quality of water that supports a particular use,
     When criteria are properly selected and met, it is presumed that
     water quality will  protect the designated use.
16. HOW ARE CRITERIA ESTABLISHED?

     Criteria may be established by adopting or modifying EPA's §304(a)
     guidance, employing bioassay or biological criteria, if
     appropriate, or using narrative descriptions where numerical
     values cannlot be established.  EPA recommends establishing
     numerical values wherever practical.  Site-specific criteria can
     also be developed in cases where background water quality
     parameters or aquatic organisms differ from those used in the
     laboratory to develop criteria.  The procedures for development of
     site-specific criteria are described in EPA's Water Quality
     Standards Handbook.
17. WHAT IS THE DIFFERENCE BETWEEN SECTION 304(a) CRITERIA GUIDANCE AND
CRITERIA INCLUDED IN STATE WATER QUALITY STANDARDS?

     Section 304(a) criteria guidance is published by  EPA based on the
     latest scientific information available on the effect of a
     pollutant on human health and aquatic life.  The  section 304(a)
     criteria are guidance and have no regulatory impact.  Criteria
     adopted by States in their water quality standards are enforceable
     requirements that are used to regulate pollutants under the Clean
     Water Act.  The most recent publications of criteria guidance by
     EPA include:  Quality Criteria for Water, July, 1976, and Water
     Quality CriterTa~Documents, November 28, 1980, 45 FR 79318.
18. FOR WHAT POLLUTANTS OR OTHER WATER QUALITY CONSTITUENTS DO  STATES
GENERALLY SET CRITERIA  IN THEIR WATER DUALITY STANDARDS?

     All States currently have criteria in their water quality
     standards for:  dissolved oxygen, pH, fecal coliform bacteria,
     temperature, toxic substances and aesthetic qualities.   Previous
     EPA guidance recommended these constituents as a minimum.
19.  ARE NUMERICAL CRITERIA FOR TOXIC POLLUTANTS REQUIRED  TO  BE  INCLUDED
IN STATE WATER QUALITY STANDARDS?

     States may use either numerical or narrative criteria in their
     standards.  Although numeric criteria are simpler and easier  to
     apply, there are many cases where conditions dictate the use  of
     narrative criteria.

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20.  HOW DO STATES DETERMINE WHETHER TO USE NUMERICAL OR  NARRATIVE
     CRITERIA?

     States are to review their water quality data and information  on
     discharges to identify specific water bodies where toxic
     pollutants may be adversely impacting water quality  or the
     designated uses, or where the level  of a toxic pollutant  in the
     water is at a level  to warrant concern.  States are  expected to
     conduct such reviews beginning with an in-depth analysis  of water
     bodies with known toxic pollutant problems.  States  are to adopt
     numerical or narrative criteria for those toxic pollutants of
     concern.  Numerical  criteria are appropriate where a few  specific
     pollutants have been identified as the concern, or where  human
     health rather than aquatic life is the controlling factor.

     Where the effluent or ambient conditions are complex, due to
     multiple dischargers or multiple pollutants, site-specific toxic
     pollutant limits may be legally supported on narrative criteria
     such as the "free from" statements used in virtually all   State
     standards.
21. HOW ARE WATER QUALITY STANDARDS ESTABLISHED?

     The CWA requires States to hold public hearings, at least once
     every three years, for the purpose of reviewing applicable water
     quality standards, and to modify and adopt new or revised
     standards where appropriate. After opportunity for public comment,
     States are to adopt the water quality standards pursuant to State
     1 aw.
22. DO ALL STATES HAVE WATER QUALITY STANDARDS?

     Yes.  All 50 States, the District of Columbia, the Commonwealth of
     Puerto Rico, Guam, American Samoa, Virgin Islands, the Trust
     Territory of the Pacific Islands, and the Commonwealth of the
     Northern Mariana Islands have adopted water quality standards.


23. HOW LONG DOES IT TAKE FOR STATES TO REVIEW, REVISE AND ADOPT WATER
QUALITY STANDARDS?

     Each State has  its own legal  procedures for adopting water quality
     standards.  Therefore, the time varies depending upon the
     complexity of the revision and the procedures that the individual
     State must follow in adopting standards.  In any event, the review
     process must be completed within a three year period.

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24. TO WHOM IN EPA DO THE STATES SEND THEIR WATER QUALITY STANDARDS?

     States send their officially adopted water quality standards to
     the appropriate Regional Administrator.
25. WHAT DOES THE REGIONAL ADMINISTRATOR DO WITH A STATE'S WATER
QUALITY STANDARDS?

     The Regional Administrator reviews the State's water quality
     standards to determine compliance with the requirements of the
     Clean Water Act, and may approve or disapprove State water quality
     standards based on that determination.
26. WHY IS EPA INVOLVED IN THE WATER QUALITY STANDARDS PROGRAM?

     The CWA requires States to submit their new or revised water
     quality standards to EPA.  EPA reviews the scientific and
     technical analyses to ascertain that a State's standards meet the
     requirements of the Act and that one State's standards do not
     interfere with the attainment of standards in another State's
     waters.
27.  WHAT HAPPENS IF THE STATE'S WATER QUALITY STANDARDS DO NOT MEET
THE REQUIREMENTS OF THE ACT?

     If the Regional Administrator determines that the State water
     quality standards do not meet the requirements of the Act, the
     Regional Administrator is to specify the changes necessary for the
     State's water quality standards to meet the requirements of the
     Act.  If the changes are not made, the Administrator of the
     Environmental Protection Agency is to begin the promulgation of a
     Federal regulation setting forth a new or revised water quality
     standard for the waters involved.  The Administrator also has
     authority to promulgate Federal standards in any case where a new
     or revised standard is necessary to meet the requirements of the
     Act.  In practice, Federal promulgation has involved only a very
     small part of the standards effort, usually the promulgation of
     uses or criteria on one or a few water segments.
28. HAS EPA EVER PROMULGATED WATER QUALITY STANDARDS?

     EPA promulgated Federal standards for the States of Kentucky,
     Arizona, Nebraska, Mississippi, Alabama, North Carolina and Ohio.
     However, the promulgations for Alabama, Kentucky, Nebraska, North
     Carolina and Ohio have been withdrawn.

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29. WHY V'OULD EPA PROMULGATE FEDERAL STANDARDS AND  THEN  WITHDRAW THE
PROMULGATION?

     EPA withdrew the promulgation of Federal standards  where  the State
     subsequently adopted State standards which met the  requirements of
     the Act.
30. IF EPA PROMULGATES FEDERAL WATER QUALITY STANDARDS,  IS  EPA  SUBJECT
TO THE SAME REQUIREMENTS AS THE STATES?

     Generally.  EPA is subject to the same substantive  requirements  in
     promulgating standards as States are in adopting  standards.
     Procedural requirements may be different.
31. WHERE CAN ONE FIND INFORMATION ON THE WATER QUALITY  STANDARDS  OF  A
PARTICULAR STATE?

     Information on State water quality standards may  be  obtained  from
     the State water pollution control agency, from the  Environmental
     Protection Agency through its Regional Offices, or  from  its
     Washington, D.C. headquarters.  Secondary references  include
     proprietary publications such as those of the Bureau  of  National
     Affairs.


32. HOW DO STATES USE WATER QUALITY STANDARDS?

     Water quality standards are the foundation of a State's  water
     quality management program.  Water quality standards  establish
     water quality goals and requirements for specific water  bodies;
     serve as the basis for regulating and enforcing municipal  and
     industrial  pollutants under the Clean Water Act;  drive the
     planning and implementation of water quality-based  pollution
     control  programs; and provide a measurement of the  effectiveness
     of pollution control  programs through attainment  of  water  quality
     standards.
33. WHAT IS DONE TO ENSURE THAT STANDARDS ARE MET?

     Under the National Pollutant Discharge Elimination  System  (NPDES),
     permits are issued to municipal and industrial  dischargers  to
     ensure that pollutant discharges do not violate water  quality
     standards.  State and Federal monitoring, inspection,  and
     enforcement programs ensure compliance with standards  and
     permits.
34. HOW ARE WATER QUALITY STANDARDS ENFORCED?

     The primary mechanism for enforcing water quality  standards  is
     through translation into water quality-based  permit  limitations.
     Permits are issued under provisions of the National  Pollutant

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     Discharge Elimination System (i.e. NPDES Permits).  States also
     can enforce water quality standards directly.  There is no direct
     Federal enforcement mechanism of water quality standards provided
     in the CWA.
35. WHO SELECTS THE WATERS TO BE REVIEWED?

     States, in consultation with EPA, select the water bodies where
     water quality standards are to be reviewed in depth.  This
     decision is based on the State 305(b) Reports, the waters
     identified under section 303(d) of the Act, the construction grant
     priority list and segments where major permits have expired.   Any
     water body with standards not consistent with the Section
     101(a)(2) goals of the Act must be reexamined every three years.
36. AFTER DECEMBER, 1984, MUST ALL WATER QUALITY STANDARDS BE REVIEWED
IN A STATE PRIOR TO RECEIVING A CONSTRUCTION GRANT?

     No.  Section 24 of the "Municipal Wastewater Treatment
     Construction Grant Amendments of 1981" (33 U.S.C. 1313(a)) is
     intended to ensure that the water quality standards have been
     reviewed for the water bodies or segments which receive discharges
     from applicants for construction grants.
37. SINCE ALL STATES HAVE ADOPTED WATER QUALITY STANDARDS,  WHY REVIEW
AND REVISE THE STANDARDS?

     The law requires that States hold a public hearing to review,  and
     if appropriate, revise their water quality standards at least  once
     every three years.  In addition, States may wish to review their
     standards because many, standards were initially set for the
     protection and propagation of aquatic life and for recreation in
     and on the water without adequate data and information as to"
     whether these uses were1 attainable.  There may be physical factors
     including flow, obstructions, or high or low temperatures
     precluding an aquatic life use, or there may be irreversible
     natural or man-induced pollutant problems precluding a use. Other
     reasons for reviewing water quality standards include additional
     scientific knowledge and improvements in technology which become
     available, as well as changes which occur in the environment.   The
     States also have the responsibility to ascertain that their
     standards fulfill the requirements of the revised water quality
     standards regulation (40 CFR Part 131), the purpose of which is to
     require that States establish standards that reflect the goals of
     the CWA.
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38. WHAT ANALYSES ARE CONDUCTED TO DETEEMINE WHETHER A WATER QUALITY
STANDARD IS APPROPRIATE?

     Analyses are made of the water body to determine whether impaired
     uses are attainable based on physical, chemical, biological or
     economic factors, and whether the criteria are appropriately based
     on site-specific water quality characteristics (temperature, pH,
     etc.) or adaptation of local species.


39. WHAT DOES A "USE ATTAINABILITY ANALYSIS" CONSIST OF?

     A use attainability analysis is a multi-step assessment of the
     physical, chemical, biological and economic factors affecting the
     attainment of a use.  It includes a water body survey and
     assessment, a wasteload allocation,  and an economic analysis,  if
     appropriate.
40. WHAT QUESTIONS ARE STATES TRYING TO ANSWER IN CONDUCTING A USE
    ATTAINABILITY ANALYSIS?

     A use attainability analysis assists States in answering:  (1)
     What is the use to be protected? (2) To what extent does pollution
     (as opposed to physical factors) contribute to the impairment of
     the use?  (3) What is the level of point source control necessary
     to restore or enhance the use? (4)  What is the level of nonpoint
     source control necessary to restore or enhance the use.
41. HOW WILL THE USE ATTAINABILITY ANALYSIS ASSIST A STATE IN
    DETERMINING APPROPRIATE USES OF A WATER BODY?

     By conducting a use attainability analysis,  States will be able
     to:

     a) designate uses for a water body which will not have all uses
     that are included in Section 101 (a) (1) of the Act (goals), (b)
     maintain uses for a water body which do not include all of the
     uses in Section 101(a)(2), (c) remove a use included in Section
     101(a)(2) or (d) modify a use included in Section 101(a)(2).

     A State need only conduct a use attainability analysis once for a
     given water body and set of uses.  States also have the option of
     conducting a use attainability analysis even when not required to,
     if they believe that there will be questions as to whether the
     protection and propagation of fish, shellfish and wildlife and
     recreation in and on the water is, in fact,  attainable.
42.  WHAT ARE THE CIRCUMSTANCES UNDER WHICH A STATE MAY CHANGE A USE?

     States may modify or reclassify uses if attaining the use is not
     feasible because:

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     (1) naturally occurring pollutant concentrations prevent the
     attainment of the use, (2) natural, ephemeral, intermittent or low
     flow conditions or water levels prevent the attainment of the use,
     (3) human caused conditions or sources of pollution prevent the
     attainment of the use and cannot be remedied or would cause more
     environmental damage to correct than to leave in place, (4) dams,
     diversions, or other 'types of hydrologic modifications preclude
     the attainment of the use, (5) physical conditions related to the
     natural features of the water body, and unrelated to quality that
     preclude attainment of aquatic life protection uses and (6)
     controls more stringent than those required by Sections 301(b) and
     306 of the Act would result in substantial and widespread economic
     and social impact.
43. WHEN MUST A STATE CONDUCT A USE ATTAINABILITY ANALYSIS?

     A State must conduct a use attainability analysis whenever (1)
     the State designates or has designated uses that do not include
     the uses specified in Section 101(a)(2) of the Act, or (2) the
     State wishes to remove a designated use that is specified in
     Section 101(a) (2) of the Act or to adopt subcategories which
     require less stringent criteria.  A State is not required to
     conduct a use attainability analysis when it designates uses which
     include those specified in Section 101(a)(2) of the Act.
44. WHEN MAY STATES NOT RECLASSIFY A USE TO ONE REQUIRING LESS
STRINGENT CRITERIA?

     Uses may not be changed to a less restrictive one if:  they are
     existing uses, as defined in Section 131.3, unless (1) a use
     requiring more stringent criteria is added, or, (2) such uses will
     be attained by implementing effluent limits required under
     Sections 301 (b) and 306 of the Act and by implementing
     cost-effective and reasonable best management practices for
     nonpoint source control.  In addition, uses may not be modified or
     changed if the revision would result in the impairment of
     downstream standards.
45. WHAT IS MEANT BY THE STATEMENT, ONCE A USE IS ATTAINED IT MUST BE
MAINTAINED?

     Each state must include in its water quality standards a Statewide
     antidegradation policy statement that uses attained are
     maintained.  This policy is necessary to protect the Nation's
     substantial investment in water pollution control.  It also
     affirms the philosophical commitment embodied in the CWA to
     protect the Nation's waters.
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46. HOW HAS THE ANTIDEGRADATION POLICY CHANGED?

     The antidegradation policy included in the regulation has not
     fundamentally changed.  The antidegradation policy represents a
     three tiered approach to maintaining and protecting various levels
     of water quality and uses.  At its base, the existing uses of a
     water segment and the quality level necessary to protect the uses
     must be maintained.  This establishes the absolute floor of water
     quality.  The second level provides protection of actual water
     quality in segments where quality exceeds levels necessary to
     support progagation of fish,  shellfish, and wildlife and
     recreation in and on the water (fishable/swimmable).  In such
     segments limited water quality degradation can be allowed after it
     has been shown through a demonstration process, which includes
     public participation, that quality will continue to support the
     "fishable/swimmable" use.  The third tier provides special
     protection of waters for which the ordinary use classifications
     may not suffice and are classified as "Outstanding National
     Resource Waters" (ONRW).  The thrust of this special protection is
     viewed by most as protection for the highest quality waters of the
     nation but such special protection can be applied to waters of
     "ecological significance".  These are water bodies which are
     important, unique,  or sensitive ecologically,  and have quality
     parameters that vary from the traditional parameters of dissolved
     oxygen, pH, and etc,, (see question 13).
47. WHAT HAPPENS IF THERE ARE CONTINUING VIOLATIONS OF THE CRITERIA FOR
PARTICULAR POLLUTANTS BUT THE USES ARE ATTAINED,  OR THERE ARE NO
VIOLATIONS IN THE CRITERIA BUT THE USES ARE IMPAIRED?

     EPA is recommending that States develop site-specific criteria to
     reflect local conditions.  The laboratory-derived section 304(a)
     criteria guidance, which most States use in their water quality
     standards, may not accurately reflect the effect of a pollutant
     because of local water quality characteristics such as
     temperature, hardness, etc., or because local species have adapted
     or are less or more sensitive than those used in the laboratory.
     EPA has developed scientific procedures that States may use to
     change, on a site-specific basis, the criteria included in their
     standards to reflect actual instrearn conditions (see the Water
     Quality Standards Handbook).
48. DOES SETTING SITE-SPECIFIC CRITERIA MEAN A STATE CAN HAVE DIFFERENT
CRITERIA FOR THE SAME POLLUTANTS EVEN THOUGH THE SAME USES MAY BE
DESIGNATED FOR DIFFERENT WATER BODIES?

     Yes.  The different physical,  chemical and hydrological
     characteristics of the water body may affect the impact of a
     pollutant on the use to be protected.
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49. ARE STATES REQUIRED BY THE REGULATION TO CONDUCT USE ATTAINABILITY
ANALYSES, AS WELL AS DEVELOP SITE-SPECIFIC CRITERIA?

     As indicated in question 43, States are required to conduct and
     submit to EPA a use attainability analysis if the State (a) is
     designating uses for the water body such that the water body will
     not have all uses which are included in Section 101(a) (2) of the
     Act, (b) maintaining uses for the water body which do not include
     all of the uses in Section 101(a)(2) of the Act or (c) modifying a
     use included in Section 101(a)(2) of the Act to require less
     stringent criteria.  States are not required to conduct and submit
     to EPA a use attainability analysis if adding a use specified in
     Section 101(a)(2) of the Act or a use requiring more stringent
     criteria.  States are not required to develop site-specific
     criteria.  In cases where the State believes that uses can be
     maintained under criteria levels less stringent than those
     recommended by the National Section 304(a) criteria,  the States
     may scientifically develop and establish such criteria.

     Site-specific criteria development procedures are not needed in
     all situations.  Many of the procedures are expensive.
     Site-specific criteria development appears most appropriate on
     water quality limited water bodies where: (1) background water
     quality parameters, such as pH, hardness, temperature, suspended
     solids, etc., appear to differ significantly from the laboratory
     water used in developing the Section 304(a) criteria; or (2) the
     types of local aquatic organisms in the region differ
     significantly from those actually tested in developing the Section
     304(a) criteria.

     The protocols for establishing site-specific criteria, as well as
     the test cases illustrating use of the protocols, are included in
     the Water Quality Standards Handbook.
50. IS IT POSSIBLE FOR OTHER STATE AGENCIES, LOCAL GOVERNMENTS AND THE
PUBLIC TO COMMENT ON OR DISAGREE WITH THE PROPOSED STATE WATER QUALITY
STANDARDS?

     Yes.  States are required by the CWA to hold public hearings on
     any revisions to their water quality standards.  The analyses that
     are used as part of the State's determination to maintain, modify
     or change a use or a criterion in the standard are to be made
     available to the public prior to the public hearing.  This
     provides an opportunity for open debate of the analyses among
     scientific peer groups and the public impacted by a water quality
     standard revision.  Additional information or perceptions brought
     to the public hearing will assist the State rulemaking body to set
     appropriate site-specific water quality standards.  EPA will also
     review the record of public hearings as part of its standards
     review process.

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51. WHAT GUIDANCE WILL EPA PROVIDE TO STATES?

     EPA will make available a Water Quality Standards Handbook that
     contains a series of guidance documents that cover the technical
     and administrative aspects of the water quality standards program.
     Of particular interest are the guidance documents on:   Setting
     Site-Specific Criteria; Water Body Surveys and Assessments for
     Conducting a Use Attainability Analysis.
52. HOW WILL THESE "GUIDANCE" DOCUMENTS BE USED BY EPA?

     The purpose of the guidance documents is to make available to the
     States a number of alternative methods,  procedures and approaches
     for setting site-specific criteria and conducting use
     attainability analyses.   States may and will likely use
     alternative ways of analyzing their water quality standards than
     those outlined in the Handbook-.  However,  the approaches outlined
     do provide a benchmark or a "guide" for States to use in
     determining the information EPA believes is sufficient for its
     review of any revisions to State water quality standards.  States
     are encouraged to consult early and frequently with EPA as
     assessments and analyses are initiated and carried out.  EPA is
     concerned with assisting States in obtaining the data and
     information needed for their water quality standards
     decision-making process.
53. WHAT ARE THE "GENERAL POLICIES" DISCUSSED IN THE PROPOSED WATER
QUALITY STANDARDS REGULATION?

     These are policies generally applicable to a State's water quality
     standards program such as policies on mixing zones,  variances and
     lew flow exemptions.
54. DO STATES HAVE TO ADOPT GENERAL POLICIES?

     No.  EPA leaves it up to the States to adopt statewide general
     policies that provide an understanding of how their water quality
     standards will be implemented.
55. ARE THE GENERAL POLICIES CONSIDERED TO BE PART OF A STATE'S WATER
QUALITY STANDARDS?

     Yes.  If adopted, the general policies must be submitted to EPA
     for review.
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56. WHAT IS A, "MIXING ZONE"?

     A mixing zone is a limited area, serving as a zone of initial
     dilution, in the immediate area of a point or nonpoint source of
     pollution.
57- WHAT IS A "VARIANCE"?

     As an alternative to downgrading standards, States may include a
     variance as part of a water quality standard rather than change
     the standard because the State believes that the standard
     ultimately can be attained.  By maintaining the standard rather
     than changing it, the State will assure further progress is made
     in improving water quality and attaining the standard.  EPA can
     approve State-adopted variances if, (1) the variance is included
     as part of the water quality standard, (2) it is subject to the
     same public review as other changes in water quality standards
     and, (3) if the variance is granted based on a demonstration that
     meeting the standard would cause substantial and widespread
     economic and social impact.  A variance may be granted to an
     individual discharger.  However, the determining factor is whether
     the economic impact on the discharger is sufficient to have a
     substantial and widespread impact on the affected community and
     not just on the discharger.  With the variance provision,  NPDES
     permits may be written such that reasonable progress is made
     toward attaining the standard without violating Section 402(a) (1)
     of the Act which states that NPDES permits must meet the
     applicable water quality standards.  The term "variance",  if it is
     used at all in a State:s standards, is not always defined
     consistently from State to State.  Therefore, some State
     "variance" policies and procedures may not be consistent with the
     standards regulation but, for example, an "exception" policy might
     be.
58. WHAT IS A FLOW EXEMPTION?

     In setting permit limits for dischargers to comply with the water
     quality standards, a wasteload allocation is performed based on a
     specific low flow of the stream.  In extreme situations where the
     flow drops below the flow used in the wasteload allocation, the
     water quality standards may be violated.  The low flow exemption
     identifies the flow and circumstances where exemptions from
     meeting the standard might be necessary.  As an alternative to low
     flow exemptions, States, on particular water segments, may adopt
     seasonal water quality standards which could be met regardless of
     low flow conditions.  This might be appropriate for streams which
     have a natural ephemeral or intermittent nature.

NOTE: This document is intended only to provide general information on
the water quality standards program to the public.  It reflects the
regulatory provisions and implementing guidance but it does not
substitute for the detailed requirements and guidance provisions
contained in the regulation or the Water Quality Standards Handbook.

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