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BOARD01494
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Last modified
8/16/2009 3:02:27 PM
Creation date
10/4/2006 6:56:33 AM
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Template:
Board Meetings
Board Meeting Date
9/21/1998
Description
Federal "Clean Water Action Plan" and EPA's Advance Notice of Proposed Rule Making
Board Meetings - Doc Type
Memo
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<br />· &EPA <br /> <br />Fact Sheet <br /> <br />Independent Application <br /> <br />EP A's policy on independent application states that where different types of monitoring data <br />are available for assessment of whether a water body is attaining aquatic life uses or for <br />identifying the potential of pollution sources to cause or contribute to nonattainment of aquatic <br />life uses, anyone assessment is sufficient to identify an existing or potential impact/impairment, <br />and no one assessment can be used to override a finding of existing or potential impact or <br />impairment based on another assessment. <br /> <br />. <br /> <br />EPA policy and guidance recommend that States and Tribes use chemical-specific, toxicity, and <br />biological measurements and criteria to monitor and protect designated uses. In 1991, EPA <br />established its policy on independent application (U.S. EPA, transmittal memorandum of final <br />policy on biological assessment and criteria from Tudor Davies to Regions, June 19, 1991). <br />EP A's independent application policy speaks to how assessments based on these three kinds of <br />criteria are to be used to make water quality management decisions related to protection of <br />aquatic life and aquatic life uses. <br /> <br />Section !01(a) of the Clean Water Act states: "The objective of this Act is to restore and <br />maintain the chemical, physical, and biological integrity of the Nation's waters." To this end, <br />States and Tribes designate single or multiple uses for their waters including aquatic life <br />protection. For the purposes of assessing the extent to which aquatic life is protected and <br />whether actions to protect aquatic life are needed, the CW A requires that States and Tribes adopt <br />water quality criteria necessary to support designated uses. For waters where aquatic life <br />protection is an applicable designated use, the CW A requires States and Tribes to adopt criteria <br />protective of aquatic life. Taken together, chemical, physical, and biological integrity define the <br />overall ecological integrity of an aquatic ecosystem. <br /> <br />. <br /> <br />The independent application policy recognizes that each assessment provides unique insights into <br />the integrity and health of an aquatic system. In addition, each assessment approach has differing <br />strengths and limitations, and assesses different stressors and their effects, or potentia] effects, on <br />aquatic systems. Each of these three assessment approaches relies on different kinds of water <br />quality data, measures different endpoints and, in practice, will be interpreted in the context of <br />implementing a water quality management program that includes assessment and pollution <br />controL EPA's policy on independent application is based on the premise that any valid, <br />representative data indicating an actual or projected water quality impairment must not be <br />ignored when determining the appropriate action to be taken. <br />
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