United States
Environmental Protectic,.
Agency
Office Of Water
(WH-585)
EPA4405 88-089
September 1988
&EFA
Introduction To
Welter Quality Standards
Printed on Recycled Paper
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INTRODUCTION
In response to widespread public concern about the condition
of our Nation's waters, the U. S. Congress enacted landmark
legislation in 1972. This statute, the Federal Water Pollution
Control Act amendments of 1972 (commonly 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 CWA of 1972 (the Clean Water Act of 1977 and
the Water Quality Act of 1987) have brought about stronger
environmental laws to protect our Nation's waters, one of our
most valuable resources.
The water quality standards program is one of the
cornerstones of the CWA. Through this program, the States 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. Water
quality standards also contain antidegradation policies designed
to protect improvements in water quality.
This publication explains key features of the water quality
standards program, in question and answer format, and is intended
to provide general information to the public about the program.
For ease of reading, the document is divided .into sections which
correspond to various elements of the water quality standards
program (i.e., water quality criteria, adoption of State
standards, etc.). The reader is referred to the Supplemental
Reading List on page 25 for sources of detailed technical
information.
Persons seeking additional information about EPA's water
quality standards program may contact:
STANDARDS BRANCH
CRITERIA AND STANDARDS DIVISION (WH-585)
OFFICE OF WATER REGULATIONS AND STANDARDS
U.S. ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
(202) 475-7315
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TABLE OF CONTENTS
INTRODUCTION 1
GENERAL INFORMATION 2
USES OF A WATERBODY 5
WATER QUALITY CRITERIA 8
ADOPTION OF WATER QUALITY STANDARDS 12
USE ATTAINABILITY ANALYSIS 16
ANT I DEGRADATION POLICY 18
LIST OF PRIORITY POLLUTANTS 20
SCHEMATIC OF WATER QUALITY STANDARDS PROCESS 23
SUPPLEMENTAL READING LIST 25
LIST OF EPA REGIONAL OFFICES AND STATES COVERED 27
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SECTION 1^
GENERAL INFORMATION
1. What is the statutory authority for the water quality
standards program?
The water quality standards program operates under Section
303 of the Federal Water Pollution Control Act (commonly
referred to as the Clean Water Act, 1972) (CWA) (33 U.S.C.
1313(c)). The current regulations implementing this section
of the CWA were published on November 8, 1983 (48 FR 51400)
and are codified at 40 CFR 131.
2. What is the objective of the CWA as it applies to the water
quality standards program?
The objective of the CWA as it applies to the water quality
standards program is to restore and maintain the chemical,
physical and biological integrity of the Nation's waters;
and, where attainable, to achieve a level of water quality
which provides for the protection and propagation of fish,
shellfish and wildlife and recreation in and on the water.
3. What is a water quality standard?
A water quality standard is a law or regulation which
consists of the beneficial designated use or uses of a
waterbody or a segment of a waterbody and the water quality
criteria which are necessary to protect the use or uses of
that particular waterbody. Water quality standards also
contain an antidegradation policy.
4. What is the purpose of a water quality standard?
A water quality standard serves a twofold purpose: a) it
establishes the water quality goals for a specific waterbody
and b) it is the basis for establishing water quality based
treatment controls and strategies beyond the technology based
levels of treatment required by Sections 301(b) and 306 of
the Clean Water Act, as amended by the Water Quality Act of
1987.
5. Have changes been made in the water quality standards
program as a result of the Water Quality Act of 1987?
The Water Quality Act of 1987 affects the water quality
standards program in two significant ways:
a) It requires States to adopt numeric criteria for toxic
pollutants on the Section 307(a) toxic pollutant list when
Section 304(a) EPA criteria recommendations are available
and where the discharge or presence of those toxic
pollutants could reasonably be expected to interfere with
designated uses. (See related question Section III, #9).
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b) It authorizes EPA to treat Indian Tribes as States for
purposes of establishing water quality standards. It also
requires EPA to develop a mechanism to resolve unreasonable
consequences which may arise when an Indian Tribe and a
State adopt differing water quality standards on a common
body of water. (See related question, Section IV, #13).
6. Is the United States Environmental Protection Agency (EPA)
revising the existing water quality standards regulation
published November 8, 1983 (48 FR 51400) at 40 CFR 131 to
reflect changes made as a result of the Water Quality Act,
1987?
The EPA will revise the existing water quality standards
regulation to establish criteria by which an Indian Tribe
can qualify for treatment as a State for purposes of the
water quality standards program and to incorporate a
mechanism to resolve unreasonable consequences that may
arise when Indian Tribes and States adopt differing water
quality standards on comr .1 bodies of waters.
Tha EPA will issue guidance to the States for adoption of
numeric criteria for toxic pollutants identified on the
toxic pollutant list and may amend its regulations to
establish legal requirements for adopting water quality
criteria for toxic pollutants.
7. Is a water quality ^ridard adopted for each waterbody
within a State?
Yes, water quality standard should be adopted for each
waterbciy within the boundaries of that State. However,
waterbodies may be segmented so that, where appropriate,
different standards may exist on different segments of the
same waterbody-
8. Who is responsible for establishing water quality standards?
Water quality standards are adopted by the 50 States and
U.S. Territories (District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, Guam and the
Trust Territories of the Pacific Islands). EPA may also
establish water quality standards where the States or
Territories fail to adopt appropriate standards.
9. What is the extent to which the Federal government is
involved in the water quality standards program?
The EPA reviews new or revised State water quality standards
to determine whether those standards meet the requirements
of the Clean Water Act. EPA, in its review, also
scrutinizes the standards of one State to ensure than they
do not interfere with the attainment of standards in the
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waters of another State. 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 promulgate water quality standards. The EPA
also provides technical guidance and assistance to the
States to help them carry out the requirements of the program.
(See related question, Section IV, #12).
10. What waters are required to have a water quality standard?
Water quality standards apply to all "waters of the
United States" which are defined by regulation to cover
most surface waters of the United States and Territories,
including most wetlands.
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SECTION II.
USES OF A WATERBODY
1. What is meant by the term designated use?
A designated use is one which is specified in the water
quality standards for a waterbody or segment of a waterbody.
Such a use may or may not presently be attained.
2. What are some typical uses of a waterbody?
There can be many uses of a waterbody or a segment of a
waterbody. Typical uses include public water supplies,
propagation of fish and wildlife, recreational purposes,
agricultural, industrial, navigation and other such uses.
The EPA does not recognize waste transport as an acceptable
use.
3. How are designated uses established?
States have primary responsibility for establishing uses of
a waterbody. Uses may be revised during required periodic
State reviews which are conducted in consultation with the
EPA and through public hearings. By law, standards reviews
must occur at least once every three years.
4. Do designated uses of waters vary by State?
Each State develops its own use classification system
based on the generic uses cited in the CWA. The goals of the
CWA setting forth basic uses for support and propagation of
aquatic life and recreation in and on the water are used by
all States in some form. States may differentiate and
subcategorize the types of uses which are to be protected,
such as coldwater or warmwater fisheries, or specific
species which are to be protected, such as trout or bass.
States may also designate special uses to protect sensitive
or valuable aquatic life or habitat.
5. What is an existing use?
An existing use is a use which was achieved on a waterbody
on or after November 28, 1975. EPA promulgated its original
water quality standards regulation on November 28, 1975,
which is the reason for this index date.
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Why is it important to understand the
designated use and existing use?
difference between
It is important to understand the distinction because an
existing use is one which has been met or attained and
cannot be modified or changed unless uses are added which
require more stringent criteria; designated uses, on the
other hand, may be changed based upon the findings of a Use
Attainability Analysis (UAA). (See Section V for additional
information about UAA's).
How can non-existing designated uses be changed?
States perform Use Attainability Analysis (UAA) to determine
the proper use of a waterbody. States may modify or change
a non-existing designated use, if attaining the use is not
possible, due to the existence of one or more of the
following factors:
a) naturally occuring pollutant concentrations
prevent the attainment of the use, or
which
b) natural, intermittent or low flow or water levels which
prevent the attainment of the use, or
c) human caused conditions or sources of pollution which
prevent the attainment of the use and cannot be
corrected or would result in more deterioration of the
environment to correct than to leave in-place, or
d) dams, diversions or other hydrologic
which preclude attainment of the use, or
modifications
e) physical conditions associated with the natural features
of the waterbody, unrelated to quality, which impede
atttainment of aquatic life protection uses, or
f) controls more stringent than those required by Sections
301(b) and 306 of the CWA, which would be needed to
attain the use, would result in substantial and
widespread social and economic impact.
8. What are Outstanding National Resource Waters?
for these waters established?
How are uses
Outstanding National Resource Waters (ONRW) are high quality
or ecologically unique waters such as those within the
jurisdiction of National and State Parks and wildlife
refuges. The primary intent of establishing ONRW is to
protect the highest quality and/or unique waters. The
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Outstanding National Resource Waters category also protects
waters of ecological significance. These are waters which
are important, unique or sensitive ecologically. such as
swamps or hot springs, where the commonly applied use
classifications and supporting criteria do not always serve
to protect such waters.
Outstanding National Resource Waters are designated as such
by the States. The States establish the criteria which
protect the characteristics which prompted a waterbody to be
designated ONRW.
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SECTION III.
WATER QUALITY CRITERIA
1. What are water quality criteria and what is the relationship
between water quality criteria and the water quality
standards program?
The term "water quality criteria" has two different
definitions under the CWA. First, under Section 304(a), EPA
publishes water quality criteria which consist of scientific
information regarding the concentrations of specific
chemicals in water which protect aquatic life or human
health. These criteria may be used by the States as a basis
for developing enforceable water quality standards. Second,
water quality criteria are elements of State water quality
standards adopted under Section 303(c) of the CWA. They
describe the quality of water which will support a
particular use. When criteria are properly selected and
met, it is expected that water quality will protect the
designated use.
2. Who develops Section 304(a) criteria and in what format?
Section 304(a) criteria are issued by the EPA and are based
on the latest scientific information available on the effect
of a pollutant on human health and aquatic life. Section
304(a) criteria are published as guidance documents to
assist the States in setting water quality standards and
have no force of law.
3. What kind of information is contained in Section 304(a)
criteria guidance documents?
Section 304(a) criteria guidance documents contain two
important types of information: a) scientific data on the
effects of pollutants on human health and aquatic life and
recreation and; b) quantitive concentrations or qualitative
assessments of the pollutants in water which will generally
ensure water quality adequate to support a particular water
use.
4. Is there a summary document which lists EPA's Section
304(a) criteria?
Yes, the document, Quality Criteria for Water 1986. contains
summaries of all the contaminants for which EPA has developed
criteria recommendations. The current edition, published in
May 1987, is known as the Gold Book.
5. How are concentrations of chemicals or pollutants in water
expressed?
Concentrations of chemicals or pollutants in water are
typically expressed as x ug/1 (micrograms per liter).
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6. Do the Section 304(a) water quality criteria provide
protection for humans from contaminants .in fish flesh?
Yes. Water quality criteria for the protection of human
health from consumption of aquatic organisms are available
for most of the toxic pollutants. The criteria are based on
the assumption that humans consume 6.5 grams of contaminated
aquatic organisms each day and that the average body weight
of a human is 70 kg or 150 pounds. These criteria use a
specific bioconcentration factor (BCF) for each pollutant
derived from laboratory studies and are average values
designed to protect human health.
7. How do the EPA water quality criteria based on fish
consumption relate to limits developed by the U.S. Food and
Drug Administration (FDA)?
The EPA's water quality criteria for fish consumption and
limits developed by the FDA serve different functions. The
FDA action levels are regulatory numbers which are used to
prohibit the sale of fish when contaminant concentrations in
fish flesh exceed the FDA limit. The EPA water quality
criteria for protection of human health are non-reg-
ulatory, scientific recommendations for levels in ambient
water, which if not exceeded, will ensure that safe levels
are maintained in fish flesh.
8. What are water quality advisories and how will they be
used?
Water quality advisories will be similar to Section 304(a)
criteria but, in most cases, are calculated from more
limited data bases. These documents will contain the best
scientific information available concerning aquatic life and
human health effects of selected chemicals in surface
waters. Advisories are to be issued where guidance is
needed but where toxicity data are limited. Generally, no
new data will be generated to develop advisories.
Advisories will, however, be subject to change whenever
significant new data are received. Advisories may be used
for any purpose that 304(a) criteria are used. The EPA will
issue advisories following public comment and final Agency
review and approval.
9. What is the Section 307(a) list of priority pollutants?
The Section 307(a) list of priority pollutants contains 65
compounds and families of compounds which are among the most
persistent, prevelant and toxic of chemicals known to man.
These 65 compounds and families of compounds have been
translated into 126 individual toxic pollutants. The list
of priority pollutants appears in Section VII.
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10. How are criteria expressed?
Criteria are expressed in either numeric or narrative form.
11. What is the chief difference between numeric and narrative
criteria?
Narrative criteria are expressed in concise statements
generally in a "free from" format while numeric criteria are
expressed as concentrations of chemicals in water which
should protect designated uses.
12. To what does the term "free from" refer?
"Free from" is a term adopted by EPA to express qualitative
criteria. For example, "free from toxic pollutants in toxic
amounts".
13. Are States required to use numeric as opposed to narrative
criteria in their State water quality standards?
EPA believes that an effective State water quality standards
program should include both chemical specific (i.e., ambient
criteria) and narrative approaches. Numeric criteria for
specific chemicals are important where the cause of toxicity
is known or for protection against potential human health
impacts. Ambient water quality criteria may also be the
best way to address nonpoint source pollution problems.
A narrative standard can be the basis for limiting toxicity
where a specific toxic pollutant can be identified as
causing the toxicity. but there is no numeric criterion in
State standards. The narrative standard can also be used to
limit whole efffluent toxicity where it is not known which
chemical or chemicals are causing the toxicity.
14. What is meant by site-specific criteria?
Site-specific criteria are criteria relevant to a given
localized site and reflect local environmental conditions.
Site-specific criteria are sometimes justified because: a)
species inhabiting a given site may be more or less
sensitive than those used in developing the Section 304(a)
criteria guidance document; or b) water chemistry (e.g.,
pH, hardness, temperature, suspended solids, etc.) appear to
differ significantly from the laboratory waters used in
developing Section 304(a) criteria.
15. Who develops site-specific criteria, the EPA or individual
States?
Normally, States develop site specific criteria. The EPA
has developed guidance for deriving site-specific water
quality criteria. These are contained ir the Water Quality
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Standards Handbook. published by the Office of Water
Regulations and Standards of EPA in December 1983. States
considering developing site-specific water quality criteria
are urged to consult with the appropriate EPA Regional
Office before beginning to develop site-specific criteria.
A list of EPA Regional Offices appears in Section X.
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SECTION IV.
ADOPTION OF WATER QUALITY STANDARDS
1. What is the process used by States to establish water
quality standards?
Each State has its own unique legal and administrative
procedures for adopting water quality standards. Therefore,
there are no standardized procedures for the review and
adoption of State standards. There is, however, a minimum
Federal requirement that public hearings be held. The
schematic diagram in Section VIII depicts a typical water
quality standards review and revision process.
2. Which body or entity within a State is responsible for
adoption of State water quality standards?
This also varies from State to State. Water quality
standards are statutes or rules. In some cases, they are
adopted by the legislative body of the State and are signed
into law by the Governor of that State. In other States,
water quality standards are adopted through administrative
agency rulemaking which is occasionally subject to
legislative oversight. Information with respect to adoption
of a States' water quality standards may be obtained by
contacting the State's Water Pollution Control Agency or its
equivalent.
3. Have all States adopted water quality standards?
Yes, the 50 States, and the U.S. Territories, have developed
water quality standards.
4. Is there a statutorily imposed timeframe for States to
review, revise and adopt water quality standards?
Section 303 (c) of the CWA, as amended, requires States to
hold public hearings at least once each three year period,
for the purpose of reviewing applicable water quality
standards and/or adopting new standards.
5. How do States determine which waters are to be examined in-
depth in the three year cycle?
The States, in conjunction with EPA, select waterbodies for
which water quality standards are to be reviewed in-depth. To
make this determination, the States and EPA are aided by the
following sources of information: a) Section 304(1) lists of
waters; b) State 305(b) Reports (those reports provide an
assessment of the condition of the waters within the bound-
aries of each State); c) the waters identified under
Section 303(d) of the CWA; d) the construction grants pri-
ority list; and e) segments where major National Pollutant
Discharge Elimination System (NPDES) permits have expired.
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Additionally, any waterbody with water quality standards not
consistent with the Section 101(a)(2) goals of the CWA must
be reexamined every three years.
6. Have States begun to adopt numeric criteria for toxic
pollutants in triennial reviews as required by the Water
Quality Act of 1987?
States have begun adopting numeric criteria for toxic
pollutants in triennial reviews and will continue to do so.
While the Water Quality Act of 1987 specifically requires
the adoption of numeric criteria for toxics, the
identification and control of toxic pollutants has been a
priority of the water quality standards program for many
years.
7. What is the role of the EPA following adoption of State
water quality standards?
Following adoption of water quality standards, a Governor,
or his designee, submits the officially adopted standards to
the appropriate EPA Regional Administrator for review (a
list of EPA Regional Offices is contained in Section X).
The Regional Administrator reviews the State's standards to
determine compliance with the CWA and implementing
regulations. The Regional Administrator may approve or
disapprove State water quality standards based on that
review.
8. What action may the EPA take if a State adopted water
quality standard does not meet the requirements of the CWA?
A Regional Administrator who determines that a State's water
quality standards do not meet the requirements of the
statute must inform the State of the changes which are
needed to bring the standards up to the required level. If
the State does not make the required changes, EPA will begin
the process of promulgating a Federal regulation setting
forth a new or revised water quality standard for the
waters affected.
The EPA Administrator also has authority to promulgate
Federal regulations when he determines that a new or revised
standard is necessary to meet the requirements of the CWA,
even if the State has not submitted water quality standards
to EPA.
9. Can Federally promulgated water quality standards be
withdrawn?
Federally promulgated water quality standards are withdrawn
when States adopt standards which meet statutory
requirements.
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10. Has the EPA promulgated Federal water quality standards
which are enforceable on the States?
The EPA issued final water quality standards for the
following States: Kentucky, Arizona, Nebraska, Mississippi,
Alabama, North Carolina and Ohio.
Following subsequent corrective action by the States, EPA
has withdrawn its water quality standards, except those for
Arizona which establish nutrient standards for eleven
streams and standards for Kentucky establishing a chloride
criterion for the aquatic life use designation.
11. What process is used at the Federal level to promulgate
water quality standards?
The EPA, when promulgating water quality standards, must
adhere to the same substantive requirements as the States
for adopting standards. Procedural requirements may.
however, differ. When the EPA issues a Federally
promulgated State standard, it will, at a minimum, -propose
the water quality standard in the Federal Register. solicit
public comments on the proposed standard, hold a public
hearing, analyze and incorporate public comments and issue a
final water quality standard.
12. Does the EPA provide any technical assistance or guidance to
the States to enable them to carry out the provisions of the
water quality standards program?
In addition to the Section 304(a) criteria guidance, the EPA
develops appropriate technical guidance materials to assist
the States in meeting the requirements of the water quality
standards program. These guidance materials are
supplemented by workshops and meetings conducted by EPA
personnel. Further, EPA personnel are available for
consultation on all aspects of a State's water quality
standards program. The Federal Government and the State's
are partners in the effort to clean-up the Nation's waters
and a free exchange of information and ideas is encouraged.
13. What are the provisions of the Clean Water Act as they relate
to establishing water quality standards on Indian Lands?
Section 518 of the CWA contains a provision which allows
Indian Tribes to be treated as States for purposes of the
water quality standards program. If certain qualifications
are met, Indian Tribes can establish water quality standards
for waters under their jurisdiction, pursuant to Section
303(c) of the CWA.
Section 518 also requires the EPA to provide a mechanism
for the resolution of any unreasonable consequences that may
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arise as a result of differing water quality standards that
may be set by States and Indian Tribes located on common
bodies of waters. Before passage of the 1987 amendments to
the CWA, if a State lacked authority over Indian Lands,
water quality standards on those Indian Lands could be
accomplished only through a Federal promulgation, in order
to be recognized under the Clean Water Act.
14. Is there a mechanism to ensure that water quality standards
are enforced?
Under the Act, water quality standards are not directly
enforceable but are a basis for establishing discharge
limits in NPDES and Section 404 permits. The permits are
legally enforceable and failure to comply with NPDES or
Section 404 permit limits can result in enforcement action.
States have the option, under Section 510 of the Act, to make
water quality standards directly enforceable.
15. What role can the public play in the water quality standards
setting process in the States?
Citizens of the United States have a vested interest in the
condition of the Nation's waters. One of the first
opportunities for input into the water quality standards
setting process is through participation in public hearings
which, by law, are held by States at least once every
three years. These hearings provide an opportunity for the
public to make recommendations on improvements or
modifications of water quality standards. This public forum
is a powerful vehicle through which citizens may make their
concerns known to public officials.
16. Where can an individual locate information on the water
quality standards of a particular State?
Information on the water quality standards of a particular
State may be obtained from the State's Water Pollution
Control Agency or its equivalent. Information may also be
obtained from the EPA through its Regional Offices (listed
in Section X) or from the EPA, Office of Water Regulations
and Standards, Criteria and Standards Division, 401 M
Street, S.W., (WH-585), Washington, D.C. 20460, (202) 475-
7315.
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SECTION V.
USE ATTAINABILITY ANALYSIS
1. If all States currently have water quality standards, why is
there a need to review and revise existing standards?
The States are required by law to review their water quality
standards at least once every three years and revise them,
if appropriate. States review standards because new
scientific and technical data may be available which have a
bearing on the review. Further, environmental changes over
time may warrant the need for a review. Where standards do
not meet goal uses, they must be periodically reviewed to
see if uses can be attained. Additionally, water quality
standards may have been established for the protection and
propagation of aquatic life and for recreation in and on the
water without sufficient data to determine whether the uses
were attainable. Finally, changes in the CWA or EPA's
regulations may necessitate reviewing standards to ensure
continued compliance.
2. How do States determine whether a water quality standard is
appropriate?
States review intensive survey data, the Section 304(1)
list of waters, monitoring data and Section 305(b) data and
any other available data for a waterbody to determine
whether standards are appropriate. Through these analyses,
the States can determine the basis of any identified
impaired uses. Physical, chemical or biological factors are
examined to assess whether the criteria are appropriate.
3. What is a Use Attainability Analysis?
A Use Attainability Analysis is a multi-faceted assessment
of the physical, chemical, biological and economic factors
which affect the attainment of a use.
4. Why is a Use Attainability Analysis important?
A Use Attainability Analysis is important because it enables
the States to answer the following questions about the
conditions of its waters:
a. What is the existing use to be protected?
b. What is the extent to which pollution (as opposed to
physical factors) contributes to the impairment of a
use?
c. What is the level of point source control required to
restore or enhance the use?
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d. What is the level of nonpoint source control required to
restore or enhance the use?
What are the components of a Use Attainability Analysis?
A Use Attainability Analysis consists of a waterbody survey
and assessment, a wasteload allocation and an economic
analysis, if appropriate.
Who conducts a Use Attainability Analysis?
Use Attainability Analysis are the responsibility of the
States. The actual studies may be performed by other
entities (e.g., outside consultants hired by the States).
Under what conditions must a State conduct a Use
Attainability Analysis?
A State is required to conduct a Use Attainability Analysis
when it designates or has designated uses not meeting the
Section 101(a)(2) goals of the CWA.
A State is not required to conduct a Use Attainability
Analysis when it designates uses consistent with the uses
identified in Section 101(a)(2) of the CWA.
May a State modify a non-existing, designated use to one
which is less stringent?
States may modify non-existing designated uses when it can
be demonstrated, through a Use Attainability Analysis, that
attaining the higher designated use is not feasible. Factors
affecting a waterbody. such as natural high water temperatures,
physical impediments or natural background pollutant levels,
may effectively prevent a non-existing designated use from
being met.
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SECTION VI.
ANTIDEGRADATION POLICY
1. What is the purpose of the EPA's antidegradation policy?
The EPA's antidegradation policy sets minimum requirements
for State antidegradation policies which conserve, maintain
and protect existing uses and water quality.
2. What is the origin of the EPA's antidegradation policy?
The Federal antidegradation policy was established by the
Secretary of Interior in February 1968 and incorporated into
the water quality standards regulation issued by EPA in
November 1975. That policy was clarified and included in
the water quality standards regulation published on November
8, 1983 (48 FR 51400) and now codified at 40 CFR 131.12.
Section 303(d) of the Water Quality Act, 1987 reinforces the
Agency's antidegradation policy.
3. What does the antidegradation policy require?
The antidegradation policy consists of three tiers. Tier
1 requires that existing uses of a water segment and the
level of quality necessary to protect the use must be
maintained. Tier 2 requires protection of actual water
quality (unless certain conditions are met) in segments
where water quality exceeds levels necessary to support
propagation of fish, shellfish and wildlife and recreation
in and on the water. Tier 3 requires special protection of
waters for which typical use classifications may not be
sufficient to protect Outstanding National Resource Waters
(See Section II, Question #8).
4. Once a designated use is attained, must it be maintained?
Yes, the antidegradation policy ensures that designated
uses, once achieved, must be properly maintained.
5. Are States required to adopt their own antidegradation
policies?
Each State is required to adopt an antidegradation policy
and implementation method. EPA's water quality standards
regulation (published November 8, 1983) specifies the basic
requirements which must be contained in policies adopted by
the State's.
State's are not specifically required to incorporate
antidegradation policies in their water quality standards
regulations. The policy must, however, be formally adopted
and be specifically referenced in the water quality
standards regulations so that the relationship between the
standards and the policy is clearly understood.
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6. Are State antidegradation policies and implementation plans
subject to review and approval by the EPA?
The EPA has authority to review State antidegradation
policies and to promulgate such policies if a State fails
to make changes consistent with the CWA.
7. What happens if a State does not properly implement its
antidegradation policy?
If the State fails to apply its antidegradation policy when
issuing a State NPDES permit, EPA may object to the permit
as "outside the requirements of the Act", thus barring
issuance of the permit by the State until steps are taken to
comply with the antidegradation policy. Gitizens affected
by the permit may also challenge it in State court on the
grounds that it does not comply with the State
antidegradation policy. In addition, particularly if there
is a pattern of problems, EPA can consider whether the
State's conduct indicates that its antidegradation -policy
is, in fact, not consistent with 40 CFR Section 131.12, in
which case, EPA would have authority to promulgate its own
antidegradation policy applicable to waters in the State.
8. Can the application of the antidegradation policy be
expected to adversely impact economic growth and
deve1opment?
The antidegradation policy has been developed so that it
minimizes adverse effects on economic growth and development
while at the same time it protects the water quality goals
of the CWA.
9. Where can an individual locate additional information on the
antidegradation policy of each State?
Additional information can be obtained from the Water
Quality Standards Coordinator in each Regional Office (see
Section X) or from the EPA, Office of Water Regulations and
Standards, Criteria and Standards Division (WH-585),
Washington, D.C. 20460, (202) 475-7315. The Supplemental
Reading List in Section IX contains reference sources on
application of the antidegradation policy.
19
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SECTION VII.
LIST OF PRIORITY POLLUTANTS
2,4-dinitrotoluene
2,4-dinitrotoluene
2,6-dinitrotoluene
1,2-diphenylhydrazine
Ethylbenzene
Flouranthene
4-chlorophenyl phenyl ether
4-bromophenyl phenyl ether
Bis(2-chloroisopropyl) ether
Bis(2-chloroethoxy) methane)
Methylene chloride (dichloromethane)
Methyl chloride (dichloromethane)
Methyl bromide (bromomethane)
Bromoform (tribromomethane)
Dichlorobromomethane
Hexachlorobutadiene
Chlorodibromomethane
Hexachloromyclopentadiene
Isophorone
Naphthalene
Nitrobenzene
2-nitrophenol
4-nitrophenol
2,4-dinitrophenol
4,6-dinitro-o-cresol
N-nitrosodimethylamine
N-ni tro sodipheny1amine
N-nitrosodi-n-propylamin
Pentachlorophenol
Phenol
Bis(2-ethylhexyl) phthalate
Butyl benzyl phthalate
Di-N-Butyl phthalate
Di-n-octyl phthalate
Diethyl phthalate
Dimethyl phthalate
1,2-benzanthracene (benzo(a) anthracene
Benzo(a)pyrene (3,4-benzo-pyrene)
3,4-Benzofluoranthene (benzo(b) fluoranthene)
11,12-benzofluoranthene (benzo(b) fluoranthene)
Chrysene
Acenaphthylene
Anthracene
1,12-benzoperylene (benzo(ghi) perylene)
Fluorene
Phenanthrene
20
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1,2,5,6-dibenzanthracene (dibenzo(,h)anthracene)
Indeno (,1,2,3-cd) pyrene (2,3-o-pheynylene pyrene)
Pyrene
Tetrachloroethylene
Toluene
Trichloroethylene
Vinyl chloride (chloroethylene)
Aldrin
Dieldrin
Chlordane (technical mixture and metabolites)
4,4-DDT
4,4-DDE (p.p-DDX)
4,4-DDD (p,p-TDE)
Alpha-endosulfan
Acenaphthene
Acrolein
Acrylonitrile
Benzene
Benzidine
Carbon tetrachloride (tetrachloromethane)
Ch1orobenzene
1,2,4-trichlorobenzene
Hexachlorobenzene
1,2-dichloroethane
1,1,1-trichloreothane
Hexachloroethane
1,1-dichloroethane
1,1,2-trichloroethane
1,1,2,2-tetrachloroethane
Chloroethane
Bis(2-chloroethyl) ether
2-chloroethyl vinyl ether (mixed)
2-chloronaphthalene
2,4,6-trichlorophenol
Parachlorometa cresol
Chloroform (trichloromethane)
2-chlorophenol
1,2-dichlorobenzene
1,3-dichlorobenzene
1,4-dichlorobenzene
3,3-dichlorobenzidine
1,1-dichloroethylene
1,2-trans-dichloroethylene
2,4-dichlorophenol
1,2-dichloropropane
1,2-dichloropropylene (1,3-dichloropropene)
2,4-dimethylphenol
Beta-endosulfan
Endosulfan sulfate
21
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Endrin
Endrin aldehyde
Heptachlor
Heptachlor exopide (BHC-hexachlorocyclohexane)
Alpha-BHC
Beta-BHC
Gamma-BHC (lindane)
Delta-BHC (PCB-polychlorinated biphenyls)
PCB-1242 (Arochlor 1242)
PCB-1254 (Arochlor 1254)
PCB-1221 (Arochlor 1221)
PCB-1232 (Arochlor 1232)
PCB-1248 (Arochlor 1248)
PCB-1260 (Arochlor 1260)
PCB-1016 (Arochlor 1016)
Toxaphene
Antimony
Arsenic
Asbestos
Beryllium
Cadmium
Chromium
Copper
Cyanide, Total
Lead
Mercury
Nickel
Selenium
Silver
Thallium
Silver
Zinc
2,3,7,8-tetrachloro-dibenzo-p-dioxin (TCDD)
22
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SECTION VIII.
SCHEMATIC OF WQS PROCESS
FIGURE 1
LIST OF RIVERS,
STREAMS, LAKES,
COASTAL AREAS
NOT MEETING WQS
ARE THESE
WATER QUALITY
LIMITED
SEGMENTS ?
T
DO THESE WO LIMITED
SEGMENTS HAVE PERMIT
AND AT DECISIONS PEND-
ING TOXIC/HUMAN HEALTH
PROBLEMS/OR USES NOT
CONSISTENT WITH 101 (•1(2)7
YES
SELECT PRIORITY
STREAM SEGMENTS
FOR DETAILED
REVIEW
YES
ARE EXISTING
DATA ADEQUATE
CONDUCT A
WATERBODY SURVEY
AND ASSESSMENT
ARE
DESIGNATED USES
APPROPRIATE ?
NO
WHY ARE
DESIGNATED USES
INAPPROPRIATE ?
NATURAL OR
IRRETRIEVABLE
CHEMICAL
CONDITIONS
DESIGNATE
APPROPRIATE USES
SET APPROPRIATE
CRITERIA
PERFORM WATER !
QUALITY ANALYSIS
AND CALCULATE
PRELIMINARY LIMITS
MAINTAIN
STANDARD
I
NO
ARE ECONOMIC OR
SOCIAL IMPACTS
WIDESPREAD AND
SUBSTANTIAL
STANDARDS
TO PERMIT
PROCESS
(FIGURE 2)
YES
c
PROVIDE ANALYSES
TO PUBLIC
HOLD PUBLIC
HEARING
STATE ADOPTS
REVISION TO
WQS
STATES SUBMIT
WQS TO RA FOR
REVIEW
RA DISAPPROVES
WQS; NOTIFIES
REQUIRED STATE
OF CHANGES
JL
FEDERAL WQS
PROMULGATED
IN FEDERAL
REGISTER
FEDERAL WQS
PROMULGATED
IN FEDERAL
REGISTER
STANDARDS TO
PERMIT PROCESS
(FIGURE 2)
STANDARDS TO
PERMIT PROCESS
(FIGURE 2)
23
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SCHEMATIC OF WQS PROCESS
FIGURE 2
MAJOR ELEMENTS OF THE WATER QUALITY-BASED
STANDARDS-TO-PERMITS PROCESS
L Identify Water Quality Limited Segments and
Set Control Priorities; Implement Local
Monitoring Program, if Necessary
IL Review and Revise (or Reaffirm) Water
Quality Standards-
III. Develop Water Quality-Based Control
Requirements
I
IV. Incorporate Identified WQL Segments, Priorities,
Revised/Reaffirmed Standards, TMDLs, Effluent
Limits, and Feasible Nonpoint Source Controls
into Updated WQM Plans
V. Issue Water Quality-eased Permits; Make
Water Quality-Based Construction Grant
Decisions; Implement Nonpoint Source Controls
Monitor Municipal and Industrial Sources for
Compliance; Perform Amoient Monitoring to
Document Protection of Designated Uses
24
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SECTION IX.
SUPPLEMENTAL READING LIST
U.S. Environmental Protection Agency. National Water Quality
Inventory: 1986 Report to Congress. November 1987. *
U.S. Environmental Protection Agency. Quality Criteria for Water.
1986. May 1987. **
U.S. Environmental Protection Agency. Questions and Answers on
Antidegradation. August 1985. *
U.S. Environmental Protection Agency. State Clean Water
Strategies: Meeting the Challenges of the Future. December
1987. *
U.S. Environmental Protection Agency. Technical Support Document
for Water Quality-based Toxics Control. September 1985. *
U.S. Environmental Protection Agency. Technical Support Manual:
Waterbody Surveys and Assessments for Conducting Use
Attainability Analysis. Volume 1. November 1983. *
U.S. Environmental Protection Agency. Technical Support Manual:
Waterbody Surveys and Assessments for Conducting Use
Attainability Analysis. Estuarine Systems. Volume II. November
1983. *
U.S. Environmental Protection Agency. Technical Support Manual:
Waterbody Surveys and Assessments for Conducting Use
Attainability Anaylses: Lake Systems. Volume Til. November
1984. *
U.S. Environmental Protection Agency. Water Quality Standards
Handbook. December 1983. *
Water Quality Standards Regulation. (40 CFR Parts 35, 120 and
131). November 8, 1983. Volume 48. No. 217. *
* Copies may be obtained, at no cost, from the:
ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF WATER
OFFICE OF WATER REGULATIONS AND STANDARDS
CRITERIA AND STANDARDS DIVISION (WH-585)
401 M STREET, SW
WASHINGTON, D. C. 20460
25
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SUPPLEMENTAL READING LIST
(CONTINUED)
** Copies may be obtained from the:
U. S. GOVERNMENT PRINTING OFFICE
SUPERINTENDENT OF DOCUMENTS
NORTH CAPITAL AND H STREETS, NW
WASHINGTON, D. C. 20401
ORDER NUMBER : 955-002-00000-8
PURCHASE PRICE: $23.00
26
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SECTION X.
LIST OF EPA REGIONAL OFFICES AND STATES COVERED
For further information contact the Water Quality Standards
Coordinator in each Regional Office:
REGION I
Environmental Protection Agency
John F. Kennedy Federal Building Room 2203
Boston, MA 02203
FTS: 8-835-3715
DDD: (617) 565-3715
Hours: 8:30am - 5:00pm EST/EDT
(CONNECTICUT, MASSACHUSETTS, MAINE, NEW HAMPSHIRE, RHODE ISLAND,
VERMONT)
REGION 2_
Environmental Protection Agency
26 Federal Plaza
New York, NY 10278
FTS: 8-264-2525
DDD: (212)264-2525
Hours: 8:00am - 6:00pm EST/EDT
(NEW JERSEY, NEW YORK, PUERTO RICO, VIRGIN ISLANDS)
REGION 3_
Environmental Protection Agency
841 Chestnut Street
Philadelphia, PA 19107
FTS: 8-597-9800
DDD: (215)597-9800
Hours 8:00am - 4:30pm EST/EDT
(DELAWARE, MARYLAND, PENNSYLVANIA, VIRGINIA, WEST VIRGINIA,
DISTRICT OF COLUMBIA)
REGION 4
Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, GA 30365
FTS: 8-257-4727
DDD: (404)347-2727
Hours: 7:00am - 5:45pm EST/EDT
(ALABAMA, FLORIDA, GEORGIA, KENTUCKY, MISSISSIPPI,
NORTH CAROLINA, SOUTH CAROLINA, TENNESSEE)
27
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LIST OF EPA REGIONAL OFFICES AND STATES COVERED
(CONTINUED)
REGION 5
Environmental Protection Agency
230 South Dearborn Street
Chicago, IL 60604
FTS: 8-353-2000
DDD: (312) 353-2000
Hours: 8:00am - 4:30pm CST/CDT
(ILLINOIS, INDIANA, MICHIGAN, MINNESOTA, OHIO, WISCONSIN)
REGION 6
Environmental Protection Agency
1445 Ross Avenue
12th Floor, Suite 1200
Dallas, TX 75202
FTS: 8-255-6444
DDD: (214)655-6444
Hours: 8:00am - 4:30pm CST/CDT
(ARKANSAS, LOUISIANA, NEW MEXICO, OKLAHOMA, TEXAS)
REGION 7.
Environmental Protection Agency
726 Minnesota Avenue
Kansas City, KS 66101
FTS: 8-757-2800
DDD: (913)236-2800
Hours: 7:30am - 5:00pm CST/CDT
(IOWA, KANSAS, MISSOURI, NEBRASKA)
REGION 8
Environmental Protection Agency
999 18th Street
Suite 500
Denver, CO 80202-2405
FTS: 8-564-1603
DDD: (303)293-1603
Hours: 8:00am - 4:30pm MST/MDT
(COLORADO, MONTANA, NORTH DAKOTA, SOUTH DAKOTA, UTAH, WYOMING)
28
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LIST OF EPA REGIONAL OFFICES AND STATES COVERED
(CONTINUED)
REGION 1
Environmental Protection Agency
215 Fremont Street
San Francisco, CA 94105
FTS: 8-454-8071
DDD: (415)974-8071
Hours: 8:00am - 4:30pm PST/PDT
(ARIZONA, CALIFORNIA, HAWAII, NEVADA, AMERICAN SAMOA, GUAM,
TRUST TERRITORY OF THE PACIFIC ISLANDS, COMMONWEALTH
OF THE NORTHERN MARIANA ISLANDS)
REGION 10
Environmental Protection Agency
1200 Sixth Avenue
Seattle, WA 98101
FTS: 8-399-5810
DDD: (206)442-5810
Hours: 8:00am - 4:30pm PST/PDT
(ALASKA, IDAHO, OREGON, WASHINGTON)
29
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