United States
                   Environmental Protection Agency
                                      ice of Water
                                   Mail Code 4305T
                                                            -F-13-02
                                                         August 2013
                Proposed  Water  Quality Standards
                         Regulatory  Clarifications
Summary
The EPA has proposed changes to the federal
water quality standards (WQS) regulation at 40
CFR Part 131 that interprets part of the Clean
Water Act. The changes would improve the
regulation's effectiveness in restoring and
maintaining the chemical, physical, and
biological integrity of the nation's waters. The
proposed rule addresses the following key WQS
program areas: (1) the EPA Administrator's
determinations that new or revised water quality
standards are necessary, (2) designated uses for
water bodies, (3) triennial reviews of state and
tribal WQS, (4) antidegradation provisions to
protect water quality, (5) variances to WQS, and
(6) compliance schedule authorizing provisions.

Background
Water quality standards are the foundation of the
water quality-based pollution control program
mandated by the  Clean Water Act and serve a
dual purpose. First, water quality  standards
define the goals for a water body by designating
its uses, setting criteria to protect those uses, and
establishing antidegradation policies to protect
water bodies from pollutants. Second, water
quality standards serve as the basis for water
quality-based limits in National Pollutant
Discharge Elimination System permits, as the
measure to assess and list impaired waters, and
as the target in a Total Maximum  Daily Load.


 Water Quality Based Approach
                 Determine
                Protection Level
               (StateandTribalWOS,-
      Measure Progress
                         Con duct WO
                         Assessment
                      (Identify Impaired Waters)
   Monitor and Enforce
     Compliance
(Self Monitoring, Agency Monitoring)
    Establish Source
      Controls
    (Point Source. NPS)
   SetP
    st Priorities
(Ran k/Target Waterbodtes)
                          te Appropriat
Evaluate Appropriateness
of WQS for Specific Waters
  (Reaffirm WQS)
                             Fundamentally, the Federal WQS  regulations:
                             1) defines when and how designated uses may
                             be revised; 2) requires criteria to protect those
                             uses and be based on sound science; 3) requires
                             EPA and states to prevent the degradation of
                             water quality, except under certain
                             circumstances; 4) requires states/tribes to review
                             their water quality standards at least every three
                             years and engage the public in any revisions to
                             water quality standards; and  5) specifies roles of
                             states, tribes, and EPA and provides
                             administrative procedures for EPA's review.

                             The core of the current regulation was
                             established in 1983; since then, a number of
                             issues have been raised by stakeholders or
                             identified by the EPA in the implementation
                             process that will benefit from clarification and
                             greater specificity. The proposed rule will lead
                             to improved water quality standard
                             development, implementation and compliance as
                             well as improving the ability of water systems to
                             adapt and respond to the impacts of climate
                             change.

                             About This Rulemaking

                             Key Policy Issues Addressed in Proposed Rule
                             The EPA's proposed national rule would provide
                             clarification and greater specificity by:
                             1) establishing a more transparent  process for
                             the Administrator to announce a determination
                             that new or revised WQS are necessary under
                             section 303(c)(4)(B) of the Act;
                             2) ensuring states and tribes are striving to meet
                             the highest attainable water quality goals even
                             where Clean Water Act goals are unattainable;
                             3) ensuring states and tribes consider updating
                             their WQS to reflect the EPA's latest criteria
                             recommendations;
                Define and Allocate
               Control Responsibilities
                 (TMDL/WLA/LA)

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4) enhancing state and tribal implementation of
antidegradation policies and helping better
maintain and protect high quality waters;
5) providing regulatory flexibility and
boundaries to allow states and tribes to achieve
water quality improvements before resorting to a
use change; and
6) clarifying that, in order to issue compliance
schedules, states and tribes must first authorize
compliance schedules in their WQS regulations.
 litigation and inefficient use of administrative
 resources.

 Other potential benefits include cost savings
 associated with reduced water quality restoration
 activities, increased public health, increased
 property values, protection of drinking and
 agricultural water supplies, reduced costs of
 reservoir dredging, and enhancement of the
 economic benefits of tourism and recreation.
Affected Entities and Estimated Economic Costs
of Proposed Rulemaking
State and tribal governments responsible for
administering or overseeing water quality
programs may be directly affected by this
rulemaking. As a result of this proposal, states
and authorized tribes may need to consider and
implement new provisions, or revise existing
provisions, in their WQS.

Entities such as industrial dischargers or
publicly owned treatment works that discharge
pollutants to waters of the United States may be
indirectly affected by this rulemaking because
WQS may be used in determining permit limits
under the National Pollutant Discharge
Elimination System or in implementing other
Clean Water Act regulatory programs.

Total annual costs of this proposed rulemaking
to states and tribes are estimated to be between
$4.8 million - $7.4 million/year, which is well
below the  EPA's $100 million threshold for
regulatory significance.  Annual burden to states
and tribes  resulting from this proposed
rulemaking is estimated to be between 101,930 -
152,115 hours/year.

Benefits of the proposed rulemaking include
improved clarification for states and tribes, other
stakeholders, and the public in key areas that
will allow them to better understand and make
proper use of available CWA tools and
flexibilities, while maintaining open and
transparent public participation.  Clear
regulatory requirements and improved
implementation has the potential to reduce
burden and costs associated with unnecessary
General Policies
 (mixing zones,
  variances,
  low flow)
                  Designated
                     Uses
 Wfeter
 Quality
Standards
                Antidegradation
                    Policies
  Criteria
(numeric and
 narrative)
 Public Outreach Efforts
 The EPA will accept public comments on the
 proposed rule for 90 days upon publication in
 the Federal Register [Docket identification No.
 EPA-HQ-OW-2010-0606].

 The EPA plans to host two webinars and one
 public meeting during the 90-day public
 comment period. The sessions will provide a
 review of EPA's current regulation, a summary
 of the clarifications contained in the EPA
 proposed rule, and will allow time for questions
 from the public.  Logistical information for each
 of the outreach efforts will be posted on EPA's
 website when they become available.

 For More Information
 Contact Janita Aguirre at (202) 566-1860 or
 WQSRegulatoryClarificationsigiepa.gov. or visit
 http://water.epa.gov/lawsregs/lawsguidance/wqs
  index, cfm.

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