Water Quality Standards Submittal & Review Process Cara Cowan Watts Graduate Student Biosystems Engineering

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

Administrator Approval Key “Whenever the State (or authorized Tribe) Revises or Adopts a new Water Quality Standard, such revised or new standard Shall Be Submitted to the Administrator.”

Submittal and Approval Musts At least once every 3 years, hold a Public Hearing for reviewing applicable standards Re-examine any segments with uses less than fishable/swimmable Submit review results and supporting analyses to EPA Regional Administrator

Submit Review Results to Regional Administrator Review and Revision NO REVISIONS Submit Review Results to Regional Administrator Provide Analyses to Public Hold Public Hearing or ADOPT WQS REVISION Submit WQS Revision, Supporting Information, and Review Results to Regional Administrator

EPA Approves “Subject to the Results of Consultation EPA Review and Action EPA Approves or EPA Approves “Subject to the Results of Consultation Under Section 7 of ESA” EPA Reviews or EPA Issues Partial Approval or State/Tribe Adopts EPA Disapproves or EPA Promulgates

WQS Process Approximately 3 years Approximately 6 months - 2 years State/ Tribe Submits WQS to EPA WQS Development Process EPA Review of WQS EPA Approves (60 d) or Disapproves (90 d) State/ Tribe begins (3 yrs) Stakeholder Advisory Committees Public Hearings/ Comments State/Tribe Adopts WQS Rule + 60 days + 90 days USFWS Consultation

Regional Administrator throughout the WQS process! Hint Confer with the EPA Regional Administrator throughout the WQS process! http://www.medicalacupuncture.org/aama_marf/newsletter/images/approve.gif

Regulatory Timelines 3 years (approx) 45 days notice 30 days notice IF States/Tribes develop and adopt new or revised WQS 45 days notice Before conducting a hearing, State will notify public of the hearing and where to review documents 30 days notice IF No complex or controversial issues occur No substantive documents must be reviewed to have an effective hearing 30 day period States must submit adopted WQS to EPA

EPA Timelines To approve the WQS To disapprove the WQS Promulgation 60 days To disapprove the WQS 90 days Promulgation IF State does not adopt changes specified within 90 days after notification of disapproval, EPA will promptly propose and promulgate changes specified EPA will finalize/promulgate the WQS once EPA proposes federal WQS in the Federal Register http://www.blackriverwatershed.org/upphoto/US%20EPA%20Logo.L.gif

Public Hearings A Public Hearing Must Be Held When a State/Tribe Changes Any Element of a Standard Formal Public Hearing Requires Notice 45 Days Prior to Hearing Time Location Agenda Major Issues Location of Supporting Documents Hearings Must Be in Accordance with BOTH State and Federal Laws http://www.mo.nrcs.usda.gov/news/MOphotogallery/People/public%20hearing%203.jpg

Minimum Requirements for Submission Use Designations Consistent with CWA Methods and Analyses Used Water Quality Criteria to Protect Uses Antidegradation Policy and Implementation Procedures Attorney General Certification or Tribal Legal Authority Information to Support Uses Not Specified in Section General State Policies Affecting Application and Implementation

Use Designations Consistent with CWA NO Waste Transport or Waste Assimilation Use Classification Use Designations for All Waterbodies Adequate Use Attainability Analysis

Adequate Criteria for Designated Uses Adequate "Free from" Narrative Criteria Adequate Numeric Criteria Criteria for Priority Toxic Pollutants Downstream Uses Protected http://www.epa.gov/owow/oceans/debris/trash_on_beach.jpg

Policies Affecting WQS Mixing Zones Low Flows Variances http://www.ecy.wa.gov/programs/eap/flow/images/shedd1_cropped.jpg http://infotrek.er.usgs.gov/doc/mercury/images/yukon_jarvis_r-tanana_mixing_zone.jpeg

EPA’s Perspective Do the submitted standards meet the requirements of the Act and the implementing regulations at 40 CFR 131? Does NOT act outside of CWA authority Groundwater criteria Water flow regulations Partial approvals can be granted

When are WQS applicable? WQS Submitted to EPA Do Not Become “Applicable” WQS for CWA Purposes Until Approved by EPA “Applicable” WQS Remain the CWA WQS Until EPA Approves Revisions or Promulgates Replacements Standards and Supporting Documents kept Regionally www.epa.gov/waterscience/standards/wqslibrary EPA’s review/comments on submittals are not subject to formal public review and comment

Federal Promulgation Coordination with EPA Headquarters Coordination with Other Agencies (i.e. OMB, USFWS and more) Publication of Proposed Standard Public Hearings Public Comments Publication of Final Standard

Questions?