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<br />51406
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<br />Federal Reg\ster / Vol, 48, No, 217 I Tuesday, November 8, 1983 /Rules and Regulaiions t
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<br />quality"goals for a specific water body ,
<br />and serve as the regulatoty basis for the
<br />establishment of weter.qtlality.based
<br />treatment controls and st*,t"8ies ,
<br />beyond the technology.b..sed levels of
<br />trestment required by sections 301(b)
<br />and 306 of the Act.
<br />f 131.3 Dellnltlons,
<br />(a) The Act means the Glean Water
<br />Act (Public Law 92-500, ae amended, (33
<br />U.S,C. 1251 etseq,)j.
<br />(b) Criteria are elements of State
<br />water quality standards, ..icpressed as
<br />constituent concentrations, levels. or
<br />~a,rrative s'tatements; repr,senting 8
<br />quality of water that suppl/rls a
<br />particular use. When criteria are met.
<br />water quality will generally protect the
<br />designated use. :.
<br />(c) Section 304(0) criteria are
<br />developed by BPA under a"thority of
<br />Section 304(a) of the Act based on the
<br />latest scientific Information on 'the
<br />relationship that the effectiof a .
<br />constituent cone,entration bas on
<br />particular aquatic species and/or human
<br />health. This information is Issued
<br />periodically to the States asguidanca
<br />for use In developing crlter/a.
<br />, (d) Toxic pollutants are those
<br />pollutants listed by the !).d~inistrator
<br />under Section 307(a) of the Act,
<br />{e) Existing uses are those uses
<br />actually attained in the, water body on
<br />or after November 26. 1975,: whether or
<br />not they are Included In the' wa ter
<br />quality standards.
<br />(f) Designated uses are tb,ose uses
<br />speclfled in water quality standards for
<br />each water body or segment whelber or
<br />not they are being attained': '
<br />(g) Use Attainability Andlysisls a
<br />structured scientific assessment of the
<br />factors affecting the a ttainnlent of the
<br />use which may include phYS,ical.
<br />chemical. biological, and ecpnomic
<br />factors as described in 1 131.10(g).
<br />[h) Water quality limited segment
<br />means any segment where It Is known
<br />that water quality does not ineet
<br />applicable water quality standards.
<br />and/or is not. expected to maet
<br />applicable water quality stajldards,
<br />even ilfter the application of the'
<br />technology-bilses effiuent lImitstlons
<br />required by Sections 301(bJ and 306 of
<br />the Act.
<br />(i) Water quality standards are
<br />provisions of State or Federal lew which
<br />consist of a designated use or usas for
<br />the weters of the United States and
<br />water quality criteria for suqh waters
<br />based upon such uses. Water qu~lity
<br />standards are to protect the public
<br />health or welfare, enhance tile quelity of
<br />weter and serve the purpose~ of the Act,
<br />(j) States Include: the 50 Stllles, the
<br />District of Columbia. Guam, lhe
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<br />Commonwealth of Puerto Rico, Virgin
<br />Islends, American Samoa, the Trust
<br />Territory of the Pecific Islends, and the
<br />Commonwealth of the Northern Mariana
<br />Islends,
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<br />~ t31.4 State authority.
<br />States are responsible for reviewing,
<br />establishing and revising weter quality
<br />standards. Under Section 510 of the Act,
<br />States may develop weter qual.ity
<br />standards mor13 stringent than required
<br />: by this regulation,
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<br />f 131.5 EPA authority.
<br />Under Section 303(c) of the Act,BPA
<br />is to review'and to approve or
<br />disapproveStete-adopted water quality
<br />standards. The review involves a
<br />determination of: (a) Whether the State
<br />has adopted water uses which ftre
<br />consistent with the requirements of the,
<br />Clean Weter Act; (b) whether the state
<br />has adopted criteria that protect the
<br />designated water uses; (c) whether the
<br />'State has followed its legal procedures
<br />for revising or adopting standards;' (d)
<br />whether the State stendards which do
<br />not include the uses specified in Section
<br />101(e)(2) of/he Act are based upon
<br />appropriate tecbnical and scientific data
<br />and analyses, and (e) whether the State
<br />submission meets the requirements
<br />included in Section 131.6 of this part. If
<br />BPA determines thet State water quality
<br />standards are consistent with the
<br />factors listed in (a)-(e) of this
<br />subsection, EPA .approves the standards.
<br />BPA must disapprove the State water
<br />quality standards and promulgate
<br />Federal standards under Section
<br />303(0)[4) of the Act. if State adopted
<br />standards are not consistent with the
<br />factors listed in (a)-(e) of this
<br />subsection. BPA may elso promulgate a
<br />new or revised'standard where
<br />necessary to. meet the requirements bf
<br />the Act.
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<br />'s 131.6 Minimum requlreinanta for water
<br />quality _ndarda aubmlsalon.
<br />The following elements must be
<br />included in each State's weter quality
<br />standards submitted to BPA for review:
<br />(e) Use designations consistent with
<br />the provisions of Sections 101(a)[2) and
<br />303(c)(2) of the Act.
<br />(b) Methods used and analyses
<br />conducted to support water quality
<br />standards revisions.
<br />(c.] Water quellty criteria sufficient to
<br />protect the designated uses,
<br />(dJ An entidegredation policy
<br />consistent with ~ 131.12,
<br />(e) Certification by the State Attorney
<br />General or other eppropriate legal
<br />authority within the State that the water
<br />quality standards were duly adopted
<br />pursuant to State law.
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<br />(f) Genersl informetion, which:wlll aid'
<br />the Agency in determining the adequacy
<br />of the scientific basIs of the stendards
<br />which do not include the uses s}iijcifiad
<br />in Section 101(e)[2J of the Act as;wellas
<br />information on general-policies
<br />applicable to Sfete stenderds which
<br />mey affect their applicetion and
<br />implementation.
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<br />Subpart B-Establlshment of Water
<br />Quality Standards
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<br />~ 131. to De81gnatlon01 use8,
<br />(e) ,Bach State must specify
<br />appropriate water uses to be ach@ved
<br />and protected. The c1essificetion :of the'
<br />waters of the State must take into
<br />consideration the use and value of water
<br />for public water supplies', protection and
<br />propegation offish, shellfish and' . '
<br />wildlife, recreation in and on the water,
<br />agrlculiural, industrial, and other
<br />purposes including n'8vigation. Inino
<br />case shell a Stete adopt waste trl\nsport
<br />or waste assimilation. as a designQted
<br />use for any waters of the United States;
<br />(b) In designating uses ofa wet~r " '
<br />body and the approprie te criteria Jar
<br />those uses, the State shall teke inlo
<br />consideration the water quelity , ,
<br />stenderds of downstream waters and,
<br />, shall enliure that its weter quelity , '
<br />. stendardsprovide for the'alleinment
<br />and maintenance. of the waterque:!ily
<br />standards ol.downstraamwaters.' '
<br />(c) States may adoptsi1b~cell!go,ries of'
<br />a use and set the appropriate criteria to
<br />reflect varying needs of such sub- "
<br />categories of uses, for instance, to
<br />differentiate between cold wataraud
<br />warm water fisheries.
<br />(dJM a minimum. uses are deemed
<br />attainable if they can be echiaved ,by tha
<br />imposition ofeffiuent limits requir~d, '
<br />under Sections 301(b) ,/IOd 306 of the Act
<br />and cost-effective end reasonable best
<br />management practices, fOf' nonpoirit
<br />source control.
<br />(e) Prior to adding or removing apy
<br />UBe, or establishing sub.categories..:of a.
<br />Use. the State shall provide notice'and
<br />an, opportunity for e public hearing
<br />under f 131.20(b) of this regulation.
<br />(f) States mey adopt seasonal us~s as
<br />an alternative to reclassifYing a water
<br />body OJ; segment thereoJ to uses
<br />requiring less stringent water qualify
<br />. criteria. If seasonal uses are' adopted,
<br />water quality criteria should be adjjlsted
<br />to reflect the seasonal U8es~ however.
<br />such criteria sheli not preclude the
<br />attainment and'maintenance of a more.
<br />protective u'se in another season.
<br />(g) Stetes mey remove a designated
<br />use which is not an existing use, as
<br />, defined in f 131.3, or esteblish sub-
<br />categories of a use if the State cen
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