United States
Environmental Protection
Agency
Office of Water
EPA820-F-15-004
July 2015
Water Quality Standards Regulatory
Revisions (Final Rule)
Summary
EPA has finalized updates to the federal water
quality standards (WQS) regulation at 40 CFR Part
131 that interprets part of the Clean Water Act.
The updates result in a better-defined pathway for
states and authorized tribes to improve water
quality and protect high quality waters through
enhancements in the regulation's effectiveness,
WQS transparency, and opportunities for
meaningful public engagement at the state, tribal
and local levels. The final rule addresses the
following key WQS program areas: (1)
Administrator's determination that new or revised
WQS for states and tribes are necessary, (2)
designated uses of waters, (3) triennial reviews of
state and authorized tribal WQS, (4)
antidegradation provisions to protect water
quality, (5) WQS variances, and (6) permit
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, WQS 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, WQS serve as the basis
for water quality-based limits in National Pollutant
Discharge Elimination System (NPDES) permits, as
the measure to assess whether waters are
impaired, and as the target in a Total Maximum
Daily Load (TMDL) to restore impaired waters.
The core requirements of the WQS regulation have
been in place for over 30 years. The requirements
have provided a strong foundation for water
quality-based controls, including water quality
assessments, impaired waters lists and TMDLs,
under Clean Water Act section 303(d), as well as
for water quality-based effluent limits (WQBELs) in
NPDES discharge permits under Clean Water Act
section 402. As with the development and
operation of any program, a number of policy and
technical issues have been raised by stakeholders
or identified by EPA in the implementation process
that are most efficiently addressed by revising the
federal WQS regulation.
This action finalizes the WQS regulation revisions
initially proposed by EPA on September 4, 2013.
The final rule enables states and authorized tribes
to more effectively address complex water quality
challenges, protect existing water quality, and
facilitate environmental improvements. It also
leads to better understanding and proper use of
available Clean Water Act tools and promotes
transparent and engaged public participation.
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What This Final Rule Does
(1) Clarifies what constitutes an Administrator's
determination that new or revised WQS are
necessary pursuant to Clean Water Act section
303(c)(4)(B), supporting EPA's ability to
communicate openly and effectively with states
and authorized tribes about WQS concerns.
(2) Refines how states and authorized tribes assign
and revise designated uses for individual water
bodies, ensuring that appropriate WQS are in place
to help restore and maintain robust aquatic
ecosystems and promote resilience to the
anticipated effects of climate change and other
emerging stressors to water quality.
(3) Clarifies the triennial review requirements to
explain the role of new or updated Clean Water
Act section 304(a) criteria recommendations in the
development of WQS by states and authorized
tribes, and to describe the applicable WQS that
must be reviewed triennially, promoting public
transparency on how states and authorized tribes
consider such criteria recommendations during
triennial reviews.
(4) Establishes stronger antidegradation
requirements by creating a more structured
process for identifying high quality waters and
specifying the type of analysis that is required
before a state or authorized tribe allows
degradation of high water quality, resulting in
enhanced protection of high quality waters and
promoting public transparency.
(5) Outlines a comprehensive regulatory structure
for WQS variances, promoting the appropriate use
of this Clean Water Act tool and providing
regulatory certainty to states, authorized tribes,
the regulated community, stakeholders, and the
public in making progress toward attaining
designated uses.
(6) Clarifies that a state or authorized tribe must
adopt, and EPA must approve, a provision
authorizing the use of permit compliance
schedules prior to legally using schedules of
compliance for WQBELs in NPDES permits.
Affected Entities and Estimated Economic
Costs of the Final Rulemaking
State and authorized tribal governments
responsible for administering or overseeing water
quality programs may be directly affected by this
rulemaking. As a result of this final rule, states and
authorized tribes may need to consider and
implement new provisions, or revise existing
provisions, in their WQS. Regulated entities such as
industrial dischargers or publicly owned treatment
works may be indirectly affected by this
rulemaking because WQS may be used in
determining NPDES permit limits or in
implementing other Clean Water Act programs.
Total annual costs of this final rule to states and
authorized tribes are estimated to be between
$6.51 million - $24.11 million, which is well below
EPA's $100 million threshold for regulatory
significance. Annual burden to states and
authorized tribes resulting from this final rule is
estimated to be between 124,575 - 430,080
hours/year.
Benefits of the final rule include improved
regulatory clarity for states and tribes,
stakeholders, and the public in key areas that will
allow them to better understand and make proper
use of available Clean Water Act tools and
flexibilities, while maintaining open and
transparent public participation. Other potential
benefits include incremental improvements in
water quality and a variety of economic benefits
associated with these improvements, including
greater recreational opportunities and protection
and improvement of public health; water of
adequate quality for agricultural and industrial use;
and water quality that supports the commercial
fishing industry and higher property values.
Where can I find more information?
Email us at WQSRegulatoryClarifications@epa.gov
or visit EPA's Water Quality Standards website at:
http://water.epa.gov/lawsregs/lawsguidance/wqs
index.cfm.
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