1. U.S. Clean Water Act: Water Quality Standards Overview
Cara Cowan Watts
Graduate Student
Biosystems Engineering

2. Source of Class Materials
Presentations and Handouts
adapted from
The U.S. EPA’s
Water Quality Standards Academy
November 27-December 1, 2006
Washington, DC

3. U.S. Clean Water Act CWA Purpose & Goal Complete Water Body Assessment
…to protect and maintain the physical, chemical and biological integrity of the nation’s waters.
“water quality which provides for the protection and propagation of fish, shellfish and wildlife and provides for recreation in and on the water” wherever attainable
Complete Water Body Assessment
Physical Integrity
Biological Integrity
Chemical Integrity

4. Laws, Regulations & Policy
Passed by Congress and signed by President (U.S. Code)
Clean Water Act is 33 U.S.C – 1587
Regulations
Same Force and Effect as Laws – Basis for Disapproval of WQS
Agency develops rationale and proposed regulation and publishes it and requests comment in the Federal Register (FR)
Almost all environmental regulations are at Title 40 “Protection of Environment”
Policy
Non-binding
Governed by section 553 of the Administrative Procedure Act

5. History of CWA Rivers and Harbors Act of 1899
Permits
Water Pollution Control Act of 1948
Technical Assistance to States
Water Pollution Control Act of 1956
Financial Assistance to States for Treatment Plants
Water Quality Act of 1965
First Federal Water Quality Standards Program for Interstate Water

6. History of CWA…cont’d Clean Water Restoration Act of 1966
Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act)
Includes estuaries and wetlands
CWA 1987 Amendments
Toxics control
Non-Point Source provisions
Stormwater permitting
Tribal Provisions (Sec. 518)

7. History of CWA…cont’d CWA 2000 Amendments
Beaches Environmental Assessment and Coastal Health Act (BEACH Act)
Wet Weather Quality Act
Estuaries and Clean Waters Act

8. Water Quality Standards
Requirements of the Regulations
40 CFR 131
Applicable Portions of the Clean Water Act (CWA)
Protect public health or welfare
Enhance the quality of the water
Serve the purposes of the Act
How States and Tribes develop, adopt, implement water quality standards
Roles in Water Quality Protection
States and Tribes
EPA Regions and Headquarters
Stakeholders including regulated community

9. WQS…cont’d How CWA programs interlink
NPDES permits and TMDL development related to standards
Where do WQS apply?
Example WQS

10. U.S. EPA Mission and Function Key Environmental Laws Office of Water
EPA Regions

11. U.S. EPA…cont’d Mission Tools A Regulatory Agency
To Protect Human Health and safeguard the natural environment
Tools
Laws enacted by Congress and implementing regulations
A Regulatory Agency
Regulatory Responsibilities in Air, Water, Solid Waste, Pesticides, Radiation, Toxic Substances and Hazardous Waste
No single “Environmental Statute”
A Science Agency
Laboratories, Office of Research and Development

12. EPA Structure

13. EPA Headquarters
Facilitates development of regulations and policies that guide regional review (with Regions, States & Tribes)
Scientific and Technical support to Regions
Provides 304(a) recommendations
Provides informal concurrence on:
disapprovals
approvals that raise significant issues
Leads development and financing of promulgations under 303(c)
Makes 303 (c) (4)(b) “findings”
Coordinates with Office of Management & Budget (OMB)

14. EPA Regions

15. EPA Regions Primary contacts with States and Tribes for Water Programs
Provide Technical Assistance
Consult with Services under Sec. 7 of Endangered Species Act (ESA)
Approvals, disapprovals under 303 (c)(4)(a)
Request Administrative “findings” under (4)(b)

16. Primary Environmental Statutes
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
Clean Air Act (CAA)
Toxic Substances Control Act (TSCA)
Resource Conservation and Recovery Act (RCRA)
Comprehensive Environmental Response Compensation and Liability Act (CERCLA)
Safe Drinking Water Act (SDWA)
Federal Water Pollution Control Act (FWPCA) [a.k.a. the Clean Water Act (CWA)]

17. Office of Water Implements Internal Structure Clean Water Act
Safe Drinking Water Act
Portions of the Other Acts
Internal Structure
American Indian Environmental Office
Office of Ground and Drinking Water
Office of Wetlands Oceans and Watersheds
Office of Wastewater Management
Office of Science and Technology

18. Office of Science & Technology
Function
Develop “environmental baselines” using sound, scientifically defensible standards, criteria, guidelines, advisories and limitations under CWA and SDWA
Develop Risk Assessment Methodologies and provide Risk Assessment support for Office of Water
Internal Structure
Engineering and Analysis Division
Health and Ecological Criteria Division
Standards and Health Protection Division

19. Development by States, Territories and Tribes
Adopt, review and revise water quality standards and implementation procedures in a public process (Section 303(c))
May adopt standards more stringent than recommended by EPA (Section 510)
May certify that federally licensed activities that may result in any discharge to their waters meet WQS (Section 401)
Monitor waters and assess status for 305 (b) and 303 (d) reports
Issue discharge permits (generally)
Tribes: Obtain program authorization (TAS)

20. Function of WQS
Establish water quality goals for a water body (Sec. 303)
Provide a regulatory basis for controls beyond technology based limits (Sec. 402)
Are used to determine the attainment/non-attainment of designated uses (Sec. 303)
Are used to prepare reports on the condition of the State’s water quality (Sec. 305)
Are the target for calculating Total Maximum Daily Loads (TMDLs) (Sec. 303)

21. Function of WQS…cont’d
Used to make decisions regarding Section 401 certification of permits and licenses
Used in developing the State or Tribal Water Quality Management Plan (Section 208)
Are used in developing, revising and implementing Section 319 and CZRA Section 6217 for NPS control

22. CWA Provisions Section 101 - Goals and Policy
Section Technology Based Effluent Limits
Section Water Quality Based Effluent Limits
Section WQ Standards and Implementation
Section Information and Guidelines
Section Water Quality Inventory
Section National Performance Standards
Section Toxics and Pretreatment Standard

23. CWA Provisions…cont’d
Section Inspection, Monitoring and Entry
Section Thermal Discharges
Section Nonpoint Source Management
Section National Estuary Program
Section Certification
Section Point Source Permitting (NPDES)
Section Dredge and Fill Permitting
Section State Authority
Section Reports to Congress
Section Indian Tribes

24. Section 302 Determine Protection Level (EPA Criteria/State WQS)
Measure Progress
Conduct WQ
Assessment
(Identify Impaired Waters)
Monitor and Enforce
Compliance
(Self Monitoring, Agency Monitoring)
Set Priorities
(Rank/Target Waterbodies)
Establish Source
Controls
(Point Source, NPS)
Evaluate Appropriateness
of WQS for Specific Waters
(Reaffirm WQS)
Define and Allocate
Control Responsibilities
(TMDL/WLA/LA)

25. Designated Uses (40 CFR )
Protection and Propagation of fish, shellfish and wildlife
Recreation in and on the water
Public water supply
Agriculture
Industry
Navigation
Ceremonial Uses
Shellfish Grazing Areas
Wildlife Protection
Endangered Species Protection
Drinking Water Source Protection
Hydroelectric Power

26. Designated Use(s)
Getting WQS right starts with getting designated uses right
Specified in state or tribal water quality standards regulations for each water body or segment, whether or not they are being attained
“Goals” for a waterbody
Determine criteria needed to protect use
Criteria are basis for management actions (i.e. permit limits)

27. Existing Use(s)
Uses actually attained in a waterbody on or after November 28, 1975, whether or not they are included in WQS
Must be protected by designated use
Cannot be removed

28. Designated Use(s) Musts
Specify appropriate water uses to be achieved and protected
Protect uses that can be achieved at minimum by
Technology based effluent limits on point sources and
Cost effective and reasonable best management practices on non point sources

29. Designated Use(s) Musts
Provide attainment and maintenance of water quality standards of downstream waters
Provide opportunity for public hearing when adding or removing uses or establishing subcategories
Provide for waste transport or assimilation as a designated use
Be removed if they are an existing use (unless adding a use with a more stringent criteria)

30. Factors for Changing a Use
Naturally occurring pollutant
Natural, ephemeral, intermittent of low flow conditions
Human caused conditions
Dam, diversions other types of hydrological modifications
Physical conditions
Economic and social impact

31. Water Quality Criteria (40 CFR 131.3, 131.11)
Narrative or Numeric
Protect a designated use
Including
Aquatic Life Criteria
Human Health Criteria
Biological Criteria
Nutrient Criteria

32. Submittal of WQS (40 CFR 131.20(c))
Submission of standards to EPA for review
Use(s) for each waterbody, and any supporting analysis
Criteria sufficient to protect those uses
methodologies for site specific criteria
Antidegradation policy consistent with 40 CFR
Certification that the standards were duly adopted according to state or tribal law
Other general information
Review and approval/disapproval by Regional Administrator

33. Federal Promulgations (40 CFR 131.22)
If EPA disapproves AND
If state or tribe does not adopt the specified changes within 90 days...
THEN the EPA Administrator must promptly propose and promulgate a replacement standard (CWA Section 303 (c) (4)(A))
OR in any case where the Administrator determines new or revised standards are necessary to meet the requirements of the CWA (CWA Section 303 (c) (4)(B))

34. Waters of the U.S.
Used or maybe susceptible for use in interstate or foreign commerce
Interstate Waters
Other waters, the use, degradation or destruction of which could affect such commerce
Impoundments of waters so defined
Tributaries of the above
the Territorial Sea
Wetlands adjacent to the above

35. Reporting: Sections 305 (b) and 303 (d)
Document assessment methodology for WQS attainment decisions
Categorize all state waters based on WQS attainment status
Present results of probability-based design at state or watershed scale
Establish monitoring priorities for next 2 years
Establish TMDL development priorities for all Category 5 waters

36. Integrated Report Categories
Attaining all designated uses
Attaining some designated uses, and insufficient or no data and information to determine if remaining uses are attained
Insufficient or no data and information to determine if the standard is attained
Impaired or threatened for one or more designated uses but not needing a TMDL because --
TMDL has been completed
Expected to meet standards
Not impaired by a pollutant
Impaired or threatened by pollutant(s) for one or more designated uses and requiring a TMDL
305 (b)
Report
303(d)
List

37. Questions?