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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