EPA is in the process of proposing new rules to revise the Water Quality Standards Regulation. They are seeking input from the public and state groups on six areas where changes are proposed. We wanted to give you the opportunity to share your comments with EPA regarding these six potential changes:
1.) Antidegredation: Changes would require that states' antidegredation implementation methods meet certain minimum standards, set by EPA, adopted into states' water quality standards and submitted to EPA for approval.
2.) Administrator's Determination: There is currently no official process that the EPA Administrator utilizes to determine if a state needs new or revised water quality standards. Changes would require a signed determination document by the Administrator.
3.) Uses: Current regulations do not specify what use, if any, must be put in place if a previous use under 101(a)(2) under the Clean Water Act is removed following a Use Attainability Analysis. Changes would clarify that CWA goal uses are attainable unless otherwise demonstrated, and where a use specified in 101(a)(2) is deemed unattainable, the Highest Attainable Use (HAU) closest to the goal must be adopted.
4.) Variances: There is a lack of clarity on variances, and new regulations would establish expectation for implementation. For example, placing an expiration date on variances.
5.) Triennial Review: Changes would clarify that states must solicit and consider public input in determining the scope of the review. Also, require that states consider if water quality criteria is still protective of designated uses, by taking into account new information such as recommendation from EPA.
6.) Court Decisions: Clarify regulations based on three court cases:
- Definition of WQS (Florida Impaired Waters Rule): Revise the definition of "water quality standards" at 40 CFR 131.3 to more clearly define types of state/tribal provisions that need to be submitted to EPA for review and action.
- Compliance schedule authorizing provisions (Starkist): Specify that compliance schedule authorizing provisions must be adopted as part of a state or tribe's water quality standards, and therefore be submitted to EPA for review and action.
- Submittal of public comments (Albuquerque v. Browner): Clarify that state or tribal records of public participation and comment response related to State or Tribal review and revision of WQS must be submitted to EPA.
