United States Office of EPA 440/5-90-002 

Environmental Protection Water January 1990 

Agency (WH-585) 

EPA Reference Guide to 

Water Quality Standards 

for Indian Tribes 
Preface 

The purpose of this booklet is to provide Indian Tribes with an overview of the water quality standards 

program requirements and with a guide to existing EPA reference materials on the program. The reference 

materials include applicable regulations, policies, guidance documents, and technical support documents and 

manuals. 

The booklet is designed primarily for Indian Tribes that wish to qualify as States for the water quality 

standards program. Therefore, the text is written "Indian Tribes . . . ." The complete term should read “states 

and Indian Tribes qualifying as States for the water quality standards program . . . ." Because Indian Tribes 

qualifying for treatment as States for the water quality standards program and States must meet the same statutory and regulatory requirements. State and interstate agencies involved in establishing standards may find this 

booklet useful. 

lists 

The booklet is divided into several chapters with each chapter containing a brief overview of the topic and 

of the appropriate references to consult for further information. The number following the reference refers 

to the number of the reference listed in Appendix A where the reader can obtain information on the full citation 

for the reference and on its availability. Chapter I is an introduction to the water quality standards program with 

an overview of the statutory and regulatory requirements. Chapter II and III discuss Tribal participation in the 

program, providing background information as well as a summary of the amendments to the water quality 

standards regulation that pertain to standards on Indian reservations. Chapters IV through VIII take the reader 

step-by-step through the development, adoption, and approval of water quality standards. 

Included in the booklet are several appendices. Appendix A briefly describes the contents of available reference materials on the water quality standards program. Appendix B provides a list of contacts in EPA Regional Offices and Headquarters who can answer questions on water quality standards. Appendix C is a map 

of the geographical boundaries for the EPA Regional Offices. Appendix D contains a copy of Section 518 of 

the Clean Water Act. 

We hope Indian Tribes will find this booklet useful for identifying and obtaining information needed to establish water quality standards for reservation waters. 

William R. Diamond, Director 

Criteria and Standards Division 

Preface 
Table of Contents 

I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 

A. Clean Water Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 

B. Water Quality Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 

C. EPA Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 

D. Tribal Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 

II. Background to Tribal Participation in the Water Quality Standards Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 

A. EPA’s Indian Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 

B. Section 518 of the Clean Water Act Amendments of 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 

III. Proposal Amendments to the Water Quality Standards Regulation that Pertain to Standards on Indian 

Reservations .... . ............................................... ................ 4 

A. Qualifying for Treatment as a State ................................................. 4 

B. State-Tribal Dispute Resolution Mechanism .......................................... 5 

IV. Developing Water Quality Standards ................................................. 6 

Introduction .................................................................... 6 

A. Waters Requiring Water Quality Standards ........................................... 6 

B. Determining Designated Uses ..................................................... 6 

C. Adopting Water Quality Criteria ................................................... 8 

D. Antidegradation Policy and Implementation Methods .................................. 11 

E. Additional Policies ............................................................ 11 

V. Adoption of Water Quality Standards and Submittal to EPA ............................... 13 

A. Public Participation ........................................................... 13 

B. Certification by a Legal Authority ................................................. 13 

C. Submittal of Standards Package to EPA ............................................ 13 

VI. EPA Review and Approval/Disappoval of Standards .................................... 15 

A. Review Process .............................................................. 15 

B. Approval .................................................................... 15 

c. Disapproval ............................................................ 15 

D. Conditional Approval ......................................................... 15 

E. EPA Promulgation ........................................................... 15 

VII. Implementation of Water Quality Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 

VIII. Review and Revision of Existing Water Quality Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 

A. Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 

C. Submittal to EPA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 

Appendix A. List of EPA References for Further Information 

Appendix B. EPA Regional Offices and Headquarters Contacts 

Appendix C. Map of Geographical Boundaries for EPA Regional Offices 

Appendix D. Section 518 of the Clean Water A 

Table of Contents 
I. Introduction 

A. Clean Water Act 

In response to public concern about the status of 

our Nation’s waters, Congress enacted the Federal 

Water Pollution Control Act Amendments of 1972. 

Collectively these amendments are known as the 

Clean Water Act (CWA). The objective of the CWA 

is "to restore and maintain the chemical, physical, and 

biological integrity of the Nation’s waters.’ One interim goal of the CWA is that wherever attainable, 

water quality should provide for the protection and 

propagation of fish, shellfish, and wildlife and provide 

for recreation in and on the water. In 1987, Congress 

amended the CWA by authorizing EPA to treat an 

Indian Tribe as a State for the purposes of the Act if 

the Tribe meets certain criteria. 

B. Water Quality Standards 

Section 303 of the CWA authorizes the water 

quality standards program. Water quality standards 

are rules or laws that are adopted to protect the public 

health and welfare, enhance the quality of water, and 

serve the purposes of the CWA by providing, wherever attainable, for the protection and propagation of 

fish, shellfish, and wildlife, and for recreation in and 

on the water. These uses are commonly referred to 

as the -fishable/swimmable- goals of the Act. 

In establishing water quality standards, Tribes define the water quality goals for their waters by designating uses for the water bodies and adopting water 

quality criteria to protect the designated uses. Standards are set taking into consideration the use and 

value of the water body for public water supply, 

propagation of fish, shellfish, and wildlife, and for 

recreational, agricultural, industrial and navigational 

purposes. Water quality standards also contain an 

antidegradation policy. At a minimum, the 

antidegradation policy ensures the maintenance and 

protection of existing uses and water quality necessary 

to protect those uses, provides for the protection of 

high quality waters, and maintains water quality in 

waters that are outstanding national resources. 

Water quality standards play a critical role in the 

Nation’s water quality improvement programs. By 

establishing the goals for a water body, water quality 

standards provide the regulatory and legal basis for 

point source and nonpoint source water quality-based 

controls beyond those required by the technological 

requirements of the CWA (i.e., best available technology, pretreatment and new source performance 

Standards). Water quality standards are enforced 

through the national pollutant discharge elimination 

system’s (SPDES) water quality-based permits and 

through nonpoint source control programs. 

C. EPA Authority 

EPA develops regulations, policies, and guidance 

to facilitate the implementation of the water quality 

standards program. In addition, EPA is responsible 

for reviewing and approving or disapproving water 

quality standards. EPA also promulgates Federal 

water quality standards under certain conditions. 

D. Tribal Authority 

Indian Tribes qualifying for treatment as States 

are responsible for establishing water quality standards and for reviewing and revising these standards at 

least once every three years. 

REFERENCES 

• All Tribes interested in developing water quality 

standards initially should obtain EPA’s Water 

Quality Standards Regulation 40 CFR Part 131 

(48 FR 51400, November 8, 1983). The regulation describes the requirements and procedures 

for developing, reviewing, revising, and approving water quality standards. (I) 

• A useful reference for those new to the water 

quality standards program is Introduction to 

Water Quality Standards, (1988). (4) 

I. Introduction 

1 
• To keep up-to-date on national developments Newsletter, Criteria and Standards Division, Ofand activities of EPA’S water quality standards 

program. Tribes may subscribe to the 

fice of Water Regulations and Standards. (5) 

I. Introduction 2 
II. Background to Tribal Participation in the Water 

Quality Standards Program 

T important developments leading to 

a greater involvement by Indian Tribes in the water 

quality standards program -- EPA’s Indian Policy and 

Section 518 of the 1987 Amendments to the CWA. 

A. EPA’s Indian Policy 

On January 24, 1983, the Federal government established a Federal Indian Policy to treat Tribal governments on a government-to government basis and 

to support the principle of self-determination and local decision making by Indian Tribes. EPA subsequently adopted its own Indian Policy and 

Implementation Guidance in November, 1984. 

EPA’s Indian Policy directs the Agency to "give 

special consideration to Tribal interests in making 

Agency policy and to ensure the close involvement 

of Tribal governments in making decisions and managing the environmental programs affecting reservation lands." In implementing this policy, EPA works 

directly with Tribal governments as independent authorities for reservation affairs. and not as political 

subdivisions of States. 

REFERENCE 

• More detailed information on EPA’s Indian 

Policy and Implementation Guidance can be 

found in Environmental Activities on Indian Reservations: FY 88, (1989). (31) 

B. Section 518 of the Clean Water Act 

Amendments of 1987 

The 1987 Amendments to the CWA added Section 518. This section authorizes EPA to treat 

Federally recognized Indian Tribes as States for certain provisions of the Act, including the water quality 

standards program. Section 518 requires EPA to 

promulgate regulations specifying how Indian Tribes 

can qualify for treatment as States based on three 

broad criteria contained in Section 518(e). In addition, Section 518 requires EPA to establish a mechanism to resolve unreasonable consequences that may 

arise from an Indian Tribe and a State adopting different water quality standards on common bodies of 

water. 

REFERENCE 

l Section 518 of the Clean Water Act is contained 

in Appendix D. 

3 II. Background to Tribal Participation in the Water Quality Standards Program 
III. Proposed Amendments to the Water Quality Standards 

Regulation that Pertain to Standards on Indian Reservations 

The first step for an Indian Tribe that wishes to 

set water quality standards on its reservation is to 

qualify for treatment as a State for the water quality 

standards program. 

EPA proposed a rule (54 FR 39098) on September 

22, 1989, to define how an Indian Tribe can qualify 

for treatment as a State for the Section 303 water 

quality standards and Section 401 certification programs. The proposal also establishes a dispute resolution mechanism for situations where there are 

unreasonable consequences resulting from a State and 

Tribe adopting different water quality standards for 

common water bodies. 

A. Qualifying for Treatment as a State 

The proposed rule adds a new section to the Code 

of Federal Regulations, 40 CFR 131.8, that includes 

the criteria a Tribe will be required to meet to be 

treated as a State, the specific information the Tribe 

would be required to provide in its application to 

EPA, and the procedure EPA will use to process the 

Tribal application. 

I. Criteria Tribes are Required to Meet 

An Indian Tribe may qualify for treatment as a 

State for the purposes of the water quality standards 

program if the Tribe meets the following criteria: 

a. The Tribe is recognized by the Department 

of the Interior and meets the definitions 

found in Section 518 of the Clean Water 

Act; 

b. The Tribe has a governing body carrying out 

substantial duties and powers; 

c. The Tribe possesses and can adequately 

demonstrate authority to manage and protect water resources within the borders of the 

reservation; and 

d. The Tribe is reasonably expected to be capable, in the Regional Administrator’s 

judgement, of carrying out the functions of 

an effective water quality standards program. 

The CWA authorizes the use of existing Tribal 

regulatory authority for managing EPA programs. It 

does not grant additional authority to Tribes. 

REFERENCE 

l Detailed information on requirements for qualifying as a State are in section 131.8(a) of the 

proposed rule (54 FR 39098. September 22, 

1989). A discussion of these requirements is in 

the preamble to the proposed rule (54 FR 39101, 

September 22, 1989). (2) 

2. Information Required in an Application 

A request by an Indian Tribe for treatment as a 

State for the water quality standards program should 

be submitted to the appropriate EPA Regional Administrator Application materials include statements 

and documentation addressing the required criteria for 

treatment as a State (see 1.a. - 1.d. above). The Regonal Administrator also may require additional 

documentation 

If a Tribe qualifies for treatment as a State under 

other CWA or Safe Drinking Water Act programs, 

then the Tribe needs only to provide the information 

specific to the water quality standards program that 

has not been submitted in their previous 

application(s). 

REFERENCE 

• Mailed information on the required application 

materials to qualify for treatment as a State is in 

section 131.8(b) of the proposed rule (54 FR 

39098, September 22, 1989). A discussion of 

these requirements is in the preamble to the 

proposed rule (54 FR 39101 - 39102, September 

22, 1989). (2) 

III. Proposed Amendment to the Water Quality Standards Regulation that Pertain to Standards on Indian Reservations 

4 
3. Procedure for Processing an Application 

Several steps are involved in EPA’s processing of 

a Tribe’s application for treatment as a State. First, 

EPA will notify the Tribe promptly that the Agency 

received the application. l-hen, within 30 days of receipt of the application, the Agency will notify appropriate governmental entities (neighboring Tribes 

and States) of the application and the substance and 

basis for the Tribe’s assertion of authority over reservation waters. These governmental entities will have 

30 days for review of and comment on the Tribe’s 

assertion of authority. 

If a Tribe’s asserted authority is challenged by 

another governmental entity, EPA will consult with 

the Tribe, the challenging entity, and the Secretary of 

the Interior, and independently determine whether the 

Tribe has demonstrated its authority to regulate water 

quality on the reservation. If EPA determines that 

the Tribe has not adequately demonstrated its authority on a disputed area, then Tribal assumption of 

the standards program would be restricted to nondisputed areas. 

EPA will promptly notify the Tribe when the 

Agency determines that the Tribe has qualified for 

treatment as a State for the water quality standards 

program. If EPA determines that the Tribe does not 

meet the requirements to qualify for treatment as a 

State, the Tribe can resubmit the application at a future date. If the Tribal application is deficient or incomplete, EPA will specify the necessary changes. 

REFERENCE 

• The procedure for processing a Tribe’s application is in section 131.8(c) of the proposed rule 

(54 FR 39098, September 22, 1989). A discussion of these requirements is in the preamble 

to the proposed rule (54 FR 39102, September 

22, 1989). (2) 

B. State-Tribal Dispute Resolution 

Mechanism 

Section 518 of the CWA requires that EPA establish a mechanism to resolve any unreasonable 

consequences arising as a result of different water 

quality standards that may be set by States and Indian 

Tribes for a common body of water. 

EPA is proposing that State-Tribal disputes be 

resolved by mediation or non-binding arbitration. 

The proposed rule emphasizes the use of mediation 

because such an approach is consistent with the establishment of State-Tribal cooperative agreements in 

Section 518(d) of the CWA. A third technique, voluntary binding arbitration, is an option only where 

all parties consent. In addition, EPA has proposed a 

dispute resolution default procedure to be used where 

one or more parties refuse to participate in mediation 

or arbitration. Mediators and arbitrators will be EPA 

employees, employees of other Federal agencies, or 

other individuals with appropriate qualifications. 

Either a State or Tribe may request EPA to resolve a dispute. The proposal rule lists the requiremeats for written requests for EPA involvement. 

In determining whether to approve water quality 

standards, EPA will disapprove water quality standards that are less stringent than necessary to comply 

with the CWA. Based on Section 510 of the CWA, 

EPA must approve water quality standards that are 

more stringent than those required by the Act. EPA 

does not have the authority to disapprove State or 

Tribal water quality standards that EPA considers 

more stringent than necessary to comply with the 

CWA. 

REFERENCE 

• Detailed information on State-Tribal dispute resolution mechanisms, including the conditions 

and required procedures, is in section 131.7 of the 

proposed rule (54 FR 39098. September 22, 

1989). A discussion of this dispute resolution 

mechanism is in the preamble to the proposed 

rule (54 FR 39099 - 39101, September 22, 1989). 

(2) 

The remainder of this booklet describes the process of developing, adopting, and reviewing water 

quality standards. 

III. Proposed Amendments to the Water Quality Standards Regulation that Pertain to Standards on Indian Reservations 5 
IV. Developing Water Quality Standards 

Introduction 

After qualifying for treatment as a State, a Tribe 

has several options for establishing water quality 

standards on its reservation. These options include: 

1. Negotiation of a cooperative agreement with an 

adjoining state to apply the State’s standards to 

the Indian lands; 

2. Incorporation of the standards from an adjacent 

State as the Tribes’s own, with or without revision; or 

3. Independent Tribal development and adoption 

of water quality standards that may account for 

unique site-specific conditions and water body 

uses. 

The options represent a range of resource commitments. The first two options would be the quickest and least costly ways of establishing Tribal water 

quality standards. Option 3 requires more time and 

resources to implement because it requires the Tribe 

to create an entire set of water quality standards "from 

scratch." 

The development of Tribal water quality standards is a continual process. At least once every three 

years a Tribe must review and if appropriate, revise 

its water quality standards. The Tribe may change its 

approach for establishing standards in subsequent 

triennial reviews. For example, Tribal standards may 

evolve from the adoption of existing State standards 

to a rule entirely of Tribal origin. 

Several steps ate involved in developing water 

quality standards for reservation waters. A Tribe 

must (A) identify all surface waters requiring standards, (B) designate uses for each water body or portion of a water body, (C) set criteria to protect 

designated uses, (D) adopt an antidegradation policy 

and implementation methods, and (E) as appropriate, 

adopt additional policies affecting the application and 

implementation or standards. These steps are dedescribed below. 

IV. Developing Water Quality Standards 

REFERENCE 

l A detailed discussion of the options available for 

establishing water quality standards on Indian 

lands is in the preamble to the proposed rule (54 

FR 39102 - 39103, September 22, 1989). (2) 

A. Waters Requiring Water Quality 

standards 

Water quality standards are adopted for "waters 

of the United States", including all livers, streams. intermittent streams, lakes, natural ponds, wetlands, and 

marine waters such as estuaries and near-shore coastal 

waters. Water bodies may be segmented such that, 

where appropriate, different standards may apply to 

different segments of the same water body. "Waters 

of the United States" does not include groundwater. 

Artificially-created waters, such as irrigation 

ditches and canals, may be defined as "waters of the 

United States." The rued to develop water quality 

standards for artificially-created waters is determined 

by EPA and the Tribe on a case-by-case basis. 

REFERENCE 

l The regulatory definition of "waters of the United 

States" can be found in the National Pollution 

Discharge Elimination System regulation (40 

CFR 122.2) and the Section 404 Regulation (40 

CFR 230.3). 

B. Determining Designated Uses 

I. Use Classification System 

Each Indian Tribe develops a use classification 

system that describes the uses of water bodies to be 

protected. At a minimum, water quality standards 

must provide for the protection and propagation of 

fish, shellfish, and wildlife, and for recreation in and 

on the water. In addition, uses may include public 

water supply, water supply for agricultural. industrial, 

and commercial uses, and navigation. 

6 
The CWA also allows a Tribe to adopt use categories for other purposes, as long as those uses and 

associated criteria enhance the quality of the water 

and serve the purposes of the Act. Waste transport 

and waste assimilation are not acceptable uses. 

Tribes may adopt subcategories of a use and set 

criteria to reflect the different needs of these subcategories. One example is dividing recreation into the 

subcategories of recreation "in" the water (swimming) 

and recreation "on" the water (boating). Another example is dividing protection of fisheries into cold water and warm water fisheries. 

REFERENCES 

• 

• 

• 

2. 

For EPA guidance on use classification systems 

see Chapter 3 of the Water Quaky Standards 

Handbook. (1983). Appendix A of Chapter 3 

contains a sample use classification system. (6) 

A summary of State use classifications can be 

found in the document "Designated Uses", one 

of the Water Quality Standards Criteria Summaries: A Compilation of State/Federal Criteria, 

(1988). (19) 

For a sample of a use classification system for 

Tribal water quality standards see the water 

quality standards for the Colville Indian Reservation (54 FR 28627 - 28629, July 6, 1989). (3) 

Existing Loses 

Existing uses are those uses actually attained in a 

water body on or after November 28, 1975. November 28, 1975 is the date on which EPA promulgated 

its first water quality standards regulation. Because 

an existing use has ban attained, it cannot be modified or changed unless uses ate added that require 

more stringent criteria. When identifying existing 

uses, the Tribe should specify uses consistent with the 

uses in their use classification system. 

REFERENCES 

• The regulatory definition of existing uses is in 

EPA’s Water Quality Standards Regulation (40 

CFR 131.3(e)). (1) 

• Guidance on the interpretation of the term "an 

existing use" is in Questions and Answers on 

Antidegration, (1985). (7) 

IV. Developing Water Quality Standards 

3. Designed Uses 

Each Tribe has the primary responsibility for determining the uses it would like to make of a water 

body and incorporate these uses into its standards. 

Unless the Tribe can demonstrate that the 

fishable/swimmable uses can not be attained (i.e the 

Section 101(a)(2) goals of the CWA that provide for 

the protection and propagation of fish, shellfish, and 

wildlife, and recreation in and on the water), the Tribe 

must designate, at a minimum, a fishable/swimmable 

use for each water body in addition to other uses that 

are to be made of the water body. 

When designating uses of a water body and the 

appropriate criteria for those uses, the Tribe must take 

into consideration the water quality standard of the 

downstream waters. The Tribe must ensure that the 

water quality standards it sets for reservation waters 

provide for and do not interfere with the attainment 

and maintenance of the water quality standards of 

downstream waters. 

In some areas, uses are only practical during certain seasons. If appropriate, a Tribe should adopt a 

seasonal use as a way of providing for the protection 

of fish, shellfish, and wildlife and recreation in and on 

the water. 

Tribes establishing water quality standards for the 

first time should carefully consider the water-body 

uses that are appropriate. Removing such uses, while 

not impossible, requires a substantial demonstration 

that attaining the use is not feasible. 

REFERENCES 

• Information on the requirements for designating 

uses is in EPA’s Water Quality Standards Regulation (40 CFR 131.10). A discussion on designated uses is in the preamble (48 FR 51400 - 

51401, November 8, 4983). (I) 

• General information on designating uses can be 

found in Section II of Introduction to Water 

Quality Standards (1988). (4) 

• For EPA guidance on designated uses see Chapter I of the Water Quality Standards Handbook, 

(1983). (6) 

4. Use Attainability Analyses 

A use attainability analysis is scientific assessment of the physical, chemical, biological, and economic factors that affect the attainment of a use. A 

use attainability analysis assists in determining What 

uses are possible. It also can assist in determining the 

7 
point and nonpoint source controls neassary to protect a use. A use attainability analysis consists of (a) 

a water body sunrey and assessment, (b) a wasteload 

allocation, and (c) if appropriate, an economic analysis. 

A Tribe is rquired to conduct a use attainability 

analysis when it designates a use that does not include 

the ptoteetion and propagation of fuh, shellfish, and 

wildlife, and mcmation in and on the water. However, 

use attainability analyses are not required when designated uses are consistent with fkhable/swimxnable 

USCS. 

Use attainability analyses arc the responsibility of 

each Tribe, but the actual studies may be petfotmcd 

by others. All data, however, must be made available 

to the public. 

REFERESCES 

l General infotmation on use attainability analyses 

can be found in Section V of hwvdactioa to 

Water Qdity Stands, (1988) (4) 

l Guidana on conducting use attainability analyses is in Chapter 3 of the Wuter QM& 

Sr- Hundboo&, ( 1983). (6) 

l More detailed infomation can be found in three 

tc&nkal support mattuals: 

1. Tec&&d Suppovt Madud Watdody Sue 

veys ad Assessments for Comb&g Use 

Attaie Amiyses, (1983). This manual 

contains e information and technical 

guidana sl%dic to rivers. (IO) 

2. Technical Sqnwt Man&.- Wmrbody Sue 

yys ad Assessmeats for Coadac~ Use 

Attahw&by Adjws, Ydyrnr If: Estd 

Sysrencr, ( 1983). ( I I) 

3. Technical Scrpport Mamtuk Waterbo@ Sm 

veys ad Assessments fbr Conducting Use 

A tr&aMty AnaIyses, VoIume Ill: La& 

Systems, ( 1984). ( 12) 

C. Adopting Water Quality Criteria 

Water quality criteria are limits on a particular 

pollutant or on a condition of a water body so as to 

protect and support a use. When criteria are properly 

selected and met, it is expected that the water quality 

will protect the designated use. 

IV. Dcvcloping Water Quality Standards 

Each Tribe is required to adopt, as part of its water quality standards, water quality criteria to protect 

the most sensitive designated use of a water body. 

These criteria must be based on a sound scientific rationale. 

when setting appropriate water quality criteria 

sufkient to protect designated uses, Tribes may: 

1. Adopt the criteria EPA publishes under Section 

304(a) of the Act; 

2. ~Modify the Section 304(a) guidance to reflect 

site-specific conditions; or 

3. Use other scienti!kally defensible methods. 

Tribes are encouraged to work with EPA to determine the approach to be used in setting criteria. to 

assess the availability of monitoring data, and to 

evaluate appropriate methods for any analyses. 

REFERESCES 

For gencal information on water quality criteria, 

sa Section III in Introduction to Water Qualify 

Studmis, (1988). (4) 

Information on the requirements for adopting 

criteria is in EPA’s Water Quality Standards 

Regulation (40 CFR 131.11). (I) 

Guidana on the methodology used by EPA in 

&v&ping aquatic life criteria is in ‘Guidelines 

for Deriving Sational Water Quality Criteria for 

the Protection of Aquatic Organisms and Their 

&es’ (45 FR 79341, Sovember 28. 1980. as 

amended at SO FR 30784, July 29, 1985). (13) 

Gtudamx on the methodology used by EPA in 

dcvdoping human health criteria is in ‘Guieclines and Methodology Used in the Prepara- : I 

of Health Effect Assessment Chapters of th 

Consent Decree Water Critetia Documents’ (45 

FR 79318, November 28, 1980. (14) 

I. EPA Publishal Crki8 

EPA publishes water quality criteria under Section 304(a) of the Clean Water Act. These criteria are 

calkd Section 304(a) criteria and are based on the 

latest scientific information available on the effect ofa pollutant on aquatic life and human health. Section 

304(a) criteria are published from time-to-time as 

guidana documents to assist in setting water quality 

standds and have no force of law. Section 304(a) 

chria guidana documents contain two important 

types of information: (a) scientific data on the effects 

8 
of pollutants on aquatic life, human health, and/or 

recreation; and (b) the chemical concentration in water that wiil generally ensure water quality adequate 

to support a particular water use. 

Both human health and aquatic life criteria are 

needed for the protection, propagation, and consumption of fish and shellfish and for public water 

supply. Tribes must adopt aquatic life and or human 

health criteria for pollutants where data indicate that 

these pollutants may interfere with attaining the designated uses. 

REFERESCES 

The most important references for Section 304(a) 

criteria are the individual criteria guidance documents. A list of these documents is in Appendix 

A. (15) 

;tiother source of information on Section 304(a) 

criteria is Qualify Critctiu for Wuttr, ( 1986), also 

known as the ‘Gold Book.’ This reference contains a summary of the individual Section 304(a) 

criteria documents. ( 16) 

For information on the relationship of Section 

304(a) criteria to designated water uses see 

Chapter 2 of the Water Qua&y Stan&& 

Handbook, (1983). (6) 

Xarrative and Sumeric Criteria 

Criteria can be either narrative or numeric. Sarrative criteria are expressed in concise statements, 

generally in a ‘free from’ format, for example ‘free 

from toxic pollutants in toxic amounts’. !Kumeric 

criteria are expressed as concentrations of chemicals 

or pollutants in water. Concentrations of chemicals 

are usually expressed in micrograms per liter @g/l). 

Sumeric criteria are often called chemical-specific 

criteria. 

EPA believes that an effective water quality 

standards program should include both narrative and 

numeric criteria. Sarrative criteria a.re used to limit 

the toxicity of an effluent when the specific chemicals 

in the ef?luent cannot be identified. In addition, narrative criteria can be used to limit the toxicity of the 

water when a specific chemical is identified as the 

cause of the toxicity, but no numeric criterion is 

available. 

Chemical-speci!%z numeric criteria are important, 

pyticularly where the cause of toxicity is known and 

limits are placed on the dixharge of the pollutant 

through permits, or where nonpoint sources are identified as the source of the problem. Such criteria 

provide a stronger basis on which to protect aquatic 

life and human health. 

Sarrative Criteria 

Xarrative criteria are used to protect the aesthetic 

qualities of water and ensure its natural beauty. Sartative criteria also are used to protect against toxic 

effects. EPA guidance includes five narrative criteria 

or ‘free froms’. These ‘free horns’ apply to all waters 

and to both point sources and nonpoint sources of 

pollution. When a Tribe adopts narrative criteria for 

toxic pollutants, it must provide information on the 

method that will be used to regulate point source 

discharges based on the narrative criteria. 

Sumeric Criteria 

Specific numeric criteria establish limits, as necessary, for a wide variety of pollutants in or conditions 

of water bodies. For example, a Tribe needs to adopt 

numeric criteria for dissolved oxygen and ammonia, 

as well as for toxic pollutants juch as lead, mercury, 

polychlorinated biphenols (PCBs), etc. to protect the 

aquatic life of the water body and human health. 

Section 303(c)(Z)(B) of the CWA requires the 

adoption of numeric criteria for the toxic pollutants 

listed in Section 307(a)( 1) of the CWA if (1) the discharge or presence of the pollutant may adversely 

impact designated uses and (2) EPA has published a 

criterion for the pollutant. Section 307(a) toxic 

pollutants include 126 individual toxic pollutants. 

These 126 pollutants are calkd ‘priority pollutants’ 

and are among the most persistent, prevalent, and 

toxic of the chemicals known to man. 

A Tribe has three options available for adopting 

numeric criteria for priority pollutants. In summary, 

these options are: 

1. Adopt numeric criteria for all pollutants for 

which EPA has issued Section 304(a) criteria 

liw-c 

2. Adopt numeric criteria for all pollutants for 

which EPA has issued Section 304(a) criteria 

guidance when the pollutant can reasonably be 

expected to interfere with uses; and 

3. Adopt a translator procedure that can be used to 

de& numeric criteria on an -as needed’ basis. 

Lf Scaion 304(a) criteria are not available, and the 

presence or discharge of the pollutant may adversely 

impact a designated use, a Tribe must adopt cxiteris 

based on biological monitoring or assessment mctbods. To meet this requirement, at a minimum. a 

Tribe must require that all point source dischargers 

thought to be discharging priority toxic polhrtvlts 

conduct whok et?luent toxicity tests. 

I\‘. Dcvcloping \Vnter Quality Standards 
l 

l 

l 

l 

l 

l 

l 

l 

3. 

Guidana on the application of narrative and 

numerical criteria is in Chapter 2 of the Wurer 

Qdty Stun&r& Hundbuuk. (1983). (6) 

Guidana on specific narrative and numeric criteria for particular pollutants an be found in the 

individual Section 304(a) criteria documents. A 

list of these documents is in Appendix A. (IS) 

Another source of specific narrative and numeric 

criteria for particular pollutants is QvrJitv C&ericr for Wurer, ( 1986). alsn known as the -Gold 

Book.’ This reference is a summary of the individual 304(a) criteria docummts. ( 16) 

The Section 307(a) priority toxic pollutants are 

codified at 40 CFR sOl.lS and found in Seaion 

VII of Introdhction to Wuter Qmu#ty Stun&& 

( 1988). (4) 

Specific guidana on the impkmentation of numeric criteria for the Section 307(a) priority toxic 

pollutants, including a N discussionbcription 

of the options availabk. is in Grihncr for Sure 

hplementution of Wuter Qudty S-for 

CWA Section fUf(c)(2~(B),.(l988). (17) 

For a compilation of State activities impkmenting the Section 303(c)(2)(B) requirements see 

Stutus Report: Store .Yumeticul Criteria for 

Toxics as o/August f989, ( 1989). (18) 

Compiled State summa&s of individual 

pollutant criteria can be found in wuter pa&y 

Stun&d Critcrio Swwnm&sz A Cumpihion of 

Store/Fe&ml Critti. (1988). (19) 

For technical guidana on conducting whole 

c&em toxicity tests see the Technicul Support 

Document for Wuter Qw&sed To&s Conrd. (1985). (28) 

sitcspccif~ Critcfh 

Site-specific criteria arc water quality criteria developed for a specific site and reflect local environmental conditions. EPA’s criteria are laboratory 

derived and may not always aaumtely reflect the effeet of a pollutant in all waters. Site-specific criteria 

may be appropriate where: 

a. Species inhabiting a given site are more or 

less sensitive than those used in developing 

the Section 304(a) criteria; or 

b. Water chemistry, such as pH, hardness, 

temperature, and color, appears to differ 

significantly from the laboratory water used 

in developing the Section 304(a) criteria. 

Tribes may develop site-specific criteria. Devclaping site-speciGc ctiteria involves taking local conditions into account so that criteria adequately protect 

the designated use without being mote or less sttingent than needed. 

REFEREWE 

l EPA guidance on scientifically acceptable proccdures for deriving site-specific ctitetia is in 

Chapter 4 of the Wurer Quulity Stundurdr 

Hundbook, (1983). (6) 

4. Critc!rh lhder Devclopmcnt 

Chemical criteria alone are inadequate to fully 

chaact&e the physical and biological integrity of 

our waters or the reductions in risk necessary to attain 

the goals of the CWA. Therefore, EPA is developing 

biological and sediment quality criteria to complement chemical-specific criteria. 

Biological criteria may include indices or statcments of species richness, abundance, diversity, 

trophic composition and/or biomass. These measures 

can be used to establish appropriate goals for water 

bodies. Initially, Tribes are to adopt narrative biological criteria. Sarrative criteria may be general 

statements of the biological condition of the water 

body or attainable uses. Although similar to the “free 

from’ chemical water quality criteria, narrative biological criteria establish a positive statement about 

what should occur, such as ‘Aquatic life shall be as it 

natulxlly occurs.- Such criteria will assist Tribes in 

better characterizing the aquatic life uses appropriate 

for the surface water to be protected. 

EPA is developing sediment quality criteria on a 

pollutant-by-pollutant basis. Such criteria will assist 

Tribes in defining where sediient contaimination is 

a problem in order to target areas for regulatory. 

enforcement, and clean-up actions. 

REFEREKES 

l Information on biological criteria will be found 

in the Progmnt Guihace Docwnent for Biologicul Criteriu. (available April, 1990). (20) 

IV. Dcvcloping Water Qualit! Standards IO 
l The TechnicuI Gui&nce Document for Biologiical 

C&e& will supplement the protyam guidance 

document (available after April, 1990). (21) 

l Information on sediment quality criteria is in 

Briejng Repon to rhe EPA Science Advisory 

Bourd on the Equilibrium Purtitionihg Approach 

to Genwuting Sediment Quulity Critericr, (April, 

1989). (22) 

l A list of additional sediient quality criteria documents can be found in Appendix A. (23) 

D. Antidegradation Policy and 

Implementation Methods 

Each Tribe adopts a reservation-wide 

antidegradation policy and implementation methods 

for this policy. An antidcgradation policy provides for 

the maintenance and protection of existing uses, 

higher quality waters, and outstanding national resource waters. EPA’s water quality standards regulation sets minimum requirements for the 

antidcgradation policy. 

A Tribe may want to designate some of its waters 

as outstanding national resource waters. These waters 

may be high quality waters or ecologically unique 

waters such as those within national parks or wildlife 

refuges or waters of exceptional recreational or ecological significance. Each Tribe establishes its own 

criteria for designating and protecting outstanding 

national resource waters. 

Antidegradation implementation procedures address how a Tribe will review water quality-based 

permits and control programs to ensure that they are 

designed to meet water quality standards and 

antidegradation requirements. At a minimum, whenever a discharge is determined to eliminate a use or 

lower the quality of high quality waters, the Tribe 

must conduct an antidegradation policy review. 

REFERESCES 

l General information on antidegradation is in 

Section VI of Introduction to Wuter QurrL;rv 

Standards, ( 1988). (4) 

l Detailed information on the requirements for an 

antidegradation policy is in EPA’s Water Quality 

Standards Regulation (40 CFR 131.12). A discussion on the antidcgradation policy is in the 

preamble of the Water Quality Standards Regulation (48 FR 51402 - 51403, Sovember 8, 1983). 

(1) 

IV. Developing Water Quality Standards 

l Implementation guidance on antidegradation is 

in Chapter 2 of the Wuter Q&i@ Stun&& 

Hundbook, (1983). (6) 

l Additional guidana can be found in Questions 

und Answers on Rntidegru4ztion ( 1985). (7) 

l A summary of State anti&gradation policies can 

be found in the document ‘A°radation’, one 

of the Water Quu&y Stun&z& Crircria Summmjes: A Compilution of Stute}Fe&rul Cn’te&, 

(1988). (19) 

E. Additional Policies 

Each Tribe, at its discretion, may include in its 

water quality standards, policies afktmg the applkation and implementation of water quality standards. 

Such policies include variances, mixing zones, and 

low-flow exemptions. These policies must be reviewed and approved by EPA. 

I. varianar 

In a situation where waters do not meet their water quality standards, a Tribe may grant a variance to 

a discharger as an alternative to downgrading the 

standard to a use requiring less stringent criteria. 

Variances would be used where the Tribe believes that 

the standard can ultimately be attained. By establishing a standard with uses requiring improvements 

in water quality rather than allowing continued lower 

water quality, the Tribe will assure that further 

progress is made in attaining the goals of the CWA 

and improving water quality. 

A variana may be granted to an individual 

discharger for a specik pollutant or pollutants. This 

variance controls the permit limits for the discharger 

that receives the variana. EPA reviews individual 

variances, in addition to the review and approval of 

the Tribal variance policy. 

REFEREWES 

l Additional information on variances is in the 

preamble to EPA’s Water Quality Standards 

Regulation (48 FR 51403, Sovember 8, 1983) 

(1) 

l Guidana on varianas is containal in Yaxianas 

in Water Quality Standards-, (1985). (8) 

II 
2. Mixing Zoaa 

A mixing zone saves as a zone of initial dilution 

in the immcd& area of a point source discharge. 

The Tribal water quality standa& should describe 

the methodology for dacrmining the location, size, 

shape, outfall c!q#akg dcsigt, and in-zone wata 

quality of mixing zones. The methodology should 

bc precise enough to support regulatory actions. 

Careful consideration must be given to the appropriateness of a mixing zone where the substance dircharged is pcistcnt in the environment, accumulates 

in aquatic Me, or causes cancer. 

REFERESCES 

0 Guidance on mixing zones is in Chapter 2 of the 

Wurtr Qua@ Stan&& Htzndhok, ( 1983). (6) 

0 Technical information on mixing zones is in 

Chapter 5 of the Techbl Svppwt Document for 

Wow Qwaii~ksed To&s Contrd, ( 1985). (28) 

8 A summary of State mixing zone policies can be 

found in the document ‘Mixing Zones’, one of 

the Water Qua&y Stondcvdr Critttih Swnman’es: A Comphtion of StatelFederaI Ctitericr, 

(1988). (19) 

3. Low-flow Exemptions 

Water quality standards should protect uses even 

in low-flow situations. Tribes may designate a critical 

low-flow volume below which numerical criteria do 

not apply. However, even in low-flow situations, 

namtivc criteria. including the ‘free from’ toxics criteria, must be applied. 

REFERESCE 

l EPA’s policy on low-flow exemptions is described in Chapter 2 of, the Water Quu&ry 

Sumdads Hundbook, (1983). (6) 

IV. Dmcloping Water Qualit! Standards I2 
V. Adoption of Water Quality Standards and Submittal to 

EPA 

Subsequent to the development of water quality • Implementation guidance on public participation 

standards. a Tribe must take several steps before sub- for the water quality standards program is in 

mitting the standards to EPA. First, a Tribe must Chapter 2 of the Water Quality Standards 

hold a public hearing for the review of the water Handbook, (1983). (6) 

quality standards. Next, the Tribe adopts the water 

quality standards according to its own legal and administrative procedures. Then, the appropriate legal 

authority within the Tribe certifies that the water 

quality standards were adopted according to Tribal B. Certification by a Legal Authority 

law. After these steps are completed, the Tribe submits a complete standards package to the appropriate The Tribal "Attorney General" or other appropriEPA Regional Administrator for review. ate legal authority within the Tribe must certify that 

the water quality standards were adopted according to 

Tribal law. 

A. Public Participation 

An important part, perhaps even the most im- C. Submittal of Standards Package to 

portant part, of establishing water quality standards EPA 

is the participation of those affected by standards decisions. At a minimum, a Tribe is required by Section The following elements must be included in each 

303(c) of the Clean Water Act (CWA) to hold a Tribe’s water quality standards package that it subpublic hearing for reviewing the proposed water mits to EPA: 

quality standards. This public hearing must be held 

in accordance with the provisions of Tribal law, 1. Use designations consistent with the provisions 

EPA’s Water Quality Management Regulation (40 of sections 101(a)(2) and 303(c)(2) of the Clean 

CFR 130.3(b)(6)), and EPA’s Public Participation Water Act. 

Regulation (40 CFR Part 25). Prior to the hearing, 

the Tribe must make available to the public proposed 2. Water quality criteria sufficient to protect the 

water quality standards and supporting analyses. designated uses. 

3. 

EPA urges Tribes to actively involve Tribal 

Methods used and analyses conducted to support 

members in the review process. Public hearings or 

the water quality standards. 

workshops arc an effective means of involving Tribal 4. Antidegradation policy and implementation 

members in setting the goals for their reservation wa- methods consistent with Section 131.12 of EPA’s 

ters, identifying existing uses of the water body, and 

developing support for the proposed standards. 

Water Quality Standards Regulation. 

5. Certification by the appropriate legal authority 

within the Tribe that the water quality standards 

REFERENCES were adopted in accordance with Tribal law. 

l The public participation requirement for the wa- 6. Information for EPA to use in determining the 

ter quality standards program is in EPA’s Water adequacy of the scientific basis of the standards 

Quality Standards Regulation (40 CFR that do not include the uses specified in Section 

131.20(b)). (I) 101(a)(2) of the Act. 

Adoption of Water Quality Standards and Submittal to EPA 13 
7. Information on policies that may affect the application and implementation of the water qualtension of the 180-day time limit if the Tribe provides 

ity standards. 

a reasonable written explanation for an extension. 

Tribes should adopt and submit water quality 

standards to EPA for review within 180 days of qualifying for treatment as a State for the water quality 

standards program and within 30 days of Tribal 

adoption and certification of standards. The 180 day 

time frame is the same time frame provided to States 

under the 1972 Federal Water Pollution Control Act. 

The EPA Regional Administrator may grant an exREFERENCE 

• Information on EPA requirements for water 

quality standards adoption and submission is in 

EPA’s Water Quality Standards Regulation (40 

CFR 131.6 and 131.20). (I) 

V. Adoption of Water Quality Standards and Submittal to EPA 14 
VI. EPA Review and Approval/Disapproval of Standards 

A. Review Process 

EPA’s review of Tribal water quality standards 

involves a review, at the Regional Office, with a concurrent review and comment by the Criteria and 

Standards Division at Headquarters. EPA reviews the 

water quality standards to ensure compliance with the 

requirements of the CWA and EPA’s Water Quality 

Standards Regulation. EPA’s review also determines 

whether the analyses performed to establish water 

quality standards arc adequate. In addition, the 

Agency evaluates whether the designated uses and 

criteria arc compatible throughout the water body and 

whether the downstream water quality standards are 

protected. A review to determine compliance with 

downstream standards is most likely to involve water 

bodies on or crossing Reservation or State boundaries. 

In determining whether to approve, disapprove 

or conditionally approve Tribal water quality standards, EPA will use the same statutory and regulatory 

requirements, policies, and criteria as it uses in reviewing State water quality standards. 

B. Approval 

Tribal water quality standards that meet the requirements of the CWA and EPA’s Water Quality 

Standards Regulation are approved by the appropriate 

EPA Regional Administrator within 60 days of receipt. The Regional Administrator notes the Tribal 

Chairman by letter of the approval and forwards a 

copy of the letter to the Tribal agency responsible for 

administering the water quality standards program. 

The approval letter contains information on the scope 

of the approval action. If only a portion of the submitted standards meet the requirements, the Regional 

Administrator approves only that portion and identifies the portions that should be revised. 

C. Disapproval 

If the Tribal water quality standards are not consistent with or do not mat the requirements of the 

CWA or EPA’s Water Quality Standards Regulation, 

the EPA Regional Administrator disapproves the 

standards with a written notice to the Tribal Chairman within 90 days of receipt. The letter states why 

the standards are not consistent with the CWA or the 

Water Quality Standards Regulation and describes the 

necessary revisions for full approval. If the Tribe fails 

to adopt and submit the necessary revisions within 90 

days after notification, the EPA Administrator initiates promulgation of Federal water quality standards. 

D. Conditional Approval 

The Regional Administrator may grant conditional approval for Tribal water quality standards. 

This is an EPA approval conditioned on the per 

formance of specified actions on the part of a Tribe 

in a timely manner (generally 90 days or less). Conditional approvals may be used when there are minor 

deficiencies in Tribal standards but only if the Tribe 

provides assurance that it will submit corrections on 

a specified, written schedule. Failure to satisfy the 

identified conditions will nullify the approval and lead 

to Federal promulgation action. 

E. EPA Promulgation 

EPA may promulgate Federal water quality 

standards in situations where the Administrator determines that the new or revised water quality standard is not consistent with the applicable requirements 

of the CWA or where the Administrator determines 

that a standard is necessary to meet the requirements 

of the Act. 

In promulgating water quality standards, the EPA 

Administrator must follow the same policies procedures, analyses, and public participation requirements 

established for the Tribe. If the Tribe corrects the 

deficiencies in its water quality standards prior to 

VI. EPA Review and Approval/DisapprovaI of Standards 15 
promulgation, the Administrator will stop the 

rulemaking proceedings and the Regional Administrator will approve the revised standards. After EPA 

has promulgated standards, the Tribe may submit revised water quality standards and the Federal standards will be withdrawn once Tribal standards are 

approved. 

REFERENCES 

• Information on the Federal requirements for 

EPA review and approval/disapproval of water 

quality standards is in EPA’s Water Quality 

Standards Regulation (40 CFR 131.21). (I) 

• Information on the Federal requirements for 

EPA promulgation is in EPA’s Water Quality 

Standards Regulation (40 CFR 131.22). (1) 

• Guidance on the EPA review process and 

promulgation is in Chapter 2 of the Water 

Quality Standards Handbook, (1983). (6) 

• Use of Federal promulgation of water quality 

standards for Indian Tribes is discussed in the 

preamble to the proposed rule (54 FR 39103). (2) 

• 

standards is in Summary of Federally 

Information EPA-promulgated of water quality 

Promulgated Water Quality Standards Actions. 

(1989). (26) 

VI. EPA Review and Approval/Disapproval of Standards 16 
VII. Implementation of Water Quality Standards 

Tribes implement water quality standards through 

limits placed on the amount of pollutants discharged 

by point sources and through controls developed for 

nonpoint sources of pollution. Each point source 

discharger is required to obtain a permit limiting the 

pollutants that are discharged and specifying the 

monitoring and reporting requirements. These per 

mits are part of the National Pollutant Discharge 

Elimination System (NPDES) program established 

by the CWA to control the pollutant levels in 

dischargers’ effluent. The effluent limits contained in 

NPDES permits are either technology-based or water 

quality-based. 

When technology-based limits are insufficient for 

water to attain water quality standards, Section 

301(b)(l)(C) of the CWA requires the development 

of more stringent limitations to attain or maintain the 

water quality standards. EPA (or the Tribe if it has 

been delegated authority for the NPDES program) 

must then determine the total maximum daily load 

(TMDL) for the water body. The TMDL is the 

amount of a pollutant that may be discharged into a 

water body and still maintain water quality standards. 

Loading above this amount may result in waters exceeding the standards. 

The allowable TMDL is the sum of the waste 

load allocation (WLA) and load allocation (LA), including a margin of safety. The WLA is the portion 

of the pollutant load from point sources. The LA is 

the portion from nonpoint sources and background 

sources. This WLA/LA/TMDL process involves 

identifying the pollutant sources and loadings, applying mathematical models to predict the amount of 

load reduction necessary to achieve water quality 

standards, and allocating this load reduction among 

the pollutant sources. Water quality criteria are used 

in the WLA/LA/TMDL process, and include one or 

more of the following: 

I. Chemical specific numeric criteria or a whole 

effluent toxicity standard adopted by a Tribe; 

2. EPA Section 304(a) criteria if the Tribe has not 

adopted a numeric criterion for a particular 

pollutant; or 

3. Other appropriate criteria. 

In order to attain the water quality standards, the 

necessary load reduction from point source 

dischargers is regulated by water quality-based 

NPDES permits. The load reduction from nonpoint 

sources is controlled through Tribal or State nonpoint 

source control programs. Nonpoint source control 

programs may be either voluntary or regulatory. 

REFERENCES 

As a start, for technical information on the WLA 

process and effluent limits in permits see Chapters 5 and 6 of the Technical Support Document 

for Water Quality-based Toxics Control, (1985). 

(28) 

Tribes may want to obtain a copy of A Primmer 

on the Office of Water Enforcement and Permits 

and Its Programs, (1989) (30) and the Permit 

Writers Guide to Water Quality based Toxics 

Control. (29) 

Guidance on the relationship between nonpoint 

source controls and water quality standards is in 

Nonpoint Source Controls and Water Quality 

Standards, (1987). (9) 

Tribes also may want to obtain a copy of the 

Nonpoint Source Guidance, ( 1987). (27) 

For more information on the WLA/LA/TMDL 

process, NPDES permits, and nonpoint source 

control programs please contact your Regional 

Water Quality Standards Coordinator who can 

put you in touch with the WLA/LA/TMDL. 

permits, and nonpoint source contact persons in 

your Region. 

VII. Implementation of Water Quality Standards 17 
VIII. Review and Revision of Existing Water Quality 

Standards 

Water quality standards are continually reviewed 

and revised, if necessary. Tribal review and revision 

quality standard, the Tribe must review the appropriateness of the variance and determine if a new variof water quality standards follows the same statutory ance should be issued. 

and regulatory requirements as State review and revision. 

A. Requirements 

EPA’s Water Quality Standards Regulation allows 

each Tribe to establish its own procedures for selecting specific water bodies for an m-depth review. A 

1. Three-year Review Requirement and Public review could include an examination of the uses, exParticipation isting water quality criteria, and the need for revised 

The CWA requires that a Tribe, from time-toor additional criteria on segments where the standards 

time, but at least once every three years, shall hold 

are not projected to be attained with the technologybased requirements of the CWA. Tribes also may 

public hearings for the purpose of reviewing applica- want to consider areas where major water qualityble water quality standards. These public hearings are based permits are scheduled for issuance or renewal 

held, as were public hearings held on the initial or areas where toxic pollutants have been identified 

adoption of a Tribe’s water quality standards, in ac- or are suspected of preventing the attainment of the 

cordance with the provisions of Tribal law, EPA’s standards. 

Water Quality Management Regulation (40 CFR 

130.3(b)(6)), and EPA’s Public Participation Regu- During the water quality standards review, if a 

lation (40 CFR Part 25). Prior to the hearing, the Tribe determines that a designated use has not been 

proposed revisions to the water quality standards and attained, it can take several courses of action. A Tribe 

analyses supporting the revisions must be made may impose more stringent treatment requirements 

available to the public. on dischargers. In addition, a Tribe may establish 

subcategories of a use or a seasonal use in order to 

retain the use. Only if the Tribe can demonstrate that 

2. Review and Upgrading Requirement attaining the designated USC is not feasible due to one 

or more of six conditions listed in 40 CFR 131.10(g) 

A part of the review and revision process involves of EPA’s Water Quality Standards Regulation, may 

a mandatory review and upgrading requirement. the Tribe remove the designated but not attained use. 

Water body segments with water quality standards Tribes may not remove designated uses if they are 

that do not include the uses specified in Section existing uses or if such uses will be attained by im101(a)(2) of the CWA (i.e. the protection and propagation of fish, shellfish, and wildlife, and/or recreation 

plementing required technology-based effluent limits 

and cost-effective practices best management for 

in and on the water) must be re-examined every three nonpoint source control. 

years to determine if any new information. technology, etc. has become available that would warrant 

adding these uses. If new information indicates that 4. Other 

the uses specified in Section 101(a)(2) of the CWA are 

attainable, the Tribe must revise its standards accord- In each three year water quality standards review 

ingly. In addition, where existing water quality cycle, the Tribe should review the general provisions 

standards specify designated uses less than those of the standards to see if new statutes, regulations, 

presently being attained, a Tribe must revise its guidance, or legal decisions affecting standards have 

standards to reflect the uses actually being attained. been adequately taken into consideration. 

Also, if the Tribe has granted a variance to a water 

3. In-depth Review of Specific Water Bodies 

VIII. Review and revision of Existing Water Quality standards 18 
REFERENCES 

• 

• 

• 

• 

Detailed information on the requirements for review and revision of water quality standards is in 

EPA’s Water Quality Standards Regulation (40 

CFR 131.20). A discussion of these requirements are in the preamble of this regulation (48 

FR 51403 - 51404, November 8, 1983). (I) 

• 

• Guidance on the standards review and revision 

process. including analyses used in reviewing 

standards on water quality limited segments, is in 

Chapter 1 of the Water Quality Standards 

Handbook. ( 1983). (6) 

Guidance on the role and requirements of public 

participation is in Chapter 2 of the Water Quality 

Standards Handbook, ( 1983). (6) 

Detailed information on the requirements for 

hearings and public participation is in EPA’s 

Water Quality Management Regulation (40 CFR 

130.3(b)(6)) and EPA’s Public Participation 

Regulation (40 CFR Part 25). 

Detailed information on the allowable conditions 

for removing a designated use is in EPA’s Water 

Quality Standards Regulation (40 CFR 131.10(g) 

and 131.10(h)). (I) 

Chapter 2 of the Water Quality Standards 

Handbook, ( 1983), contains guidance on determining substantial and widespread economic and 

social impact, one of the six conditions allowing 

for the removal of a designated use. (6) 

C. Submittal to EPA 

Tribes submit to EPA the revisions in their water 

quality standards and the analyses supporting the revisions as they did their initial water quality standards. 

VIII. review and Revision of Existing Water Quality Standards 19 
Appendix A. List of EPA References for Further 

Information 

The materials listed below have been referenced in this 

booklet. These references are organized by EPA Headquarters 

program offices and are available from the appropriate 

Headquarters office or Regional Water Quality Standards 

Coordinator. (See Appendix B for a list of Headquarters contacts 

and Regional Water Quality Standards Coordinators.) For Tribes 

that qualify as States for the water quality standards program 

and are developing water quality standards. EPA will make 

available single copies of water quality criteria documents at no 

cost. 

Attached to this appendix is a list of individual Section 

304(a) water quality criteria documents. The Standards Branch 

and Criteria Branch Clearing House Order Forms are also attached. 

The Criteria Branch order form contains a list of individual 

sediment quality Criteria documents. Tribes may choose to use 

these forms when requesting reference materials. 

Criteria and Standards Division. 

Office of Water Regulations and Standards 

Regulations: 

(1) Water Quality Standards Regulation. 40 CFR Part 131. This 

regulation with the preamble is found in 48 Federal Register 

(FR) 51400, November 8, 1983. 

Federal requirements governing the development, review, 

revision, and approval of water quality standards under 

Section 303 of the Clean Water Act. This regulation is 

presently undergoing revision. Expected date for 

proposed amendments is June 1990. 

(2) Amendments to the Water Quality Standards Regulations That 

Pertain to Standards on Indian Reservations: Proposed 

Rule. 54 FR 39098, September 22, 1989. 

Proposed rule revising the Federal water quality 

standards regulation. The revisions would establish 

A-1 

Appendix A. List of EPA References for Further Information 
the criteria and procedures by which an Indian Tribe 

can quality for treatment as a State for the purposes 

of the water quality standards program. The revisions 

also establish a mechanism to resolve unreasonable 

consequences that may arise from an Indian Tribe and a 

State adopting different water quality standards on 

common bodies of water. The proposed rule is expected 

to be issued as final in FY 90. 

(3) Water Quality Standards for the Colville Indian Reservation 

in the State of Washington: Final Rule. (54 FR 28622, 

July 6, 1989). 

Rule establishing Federal water quality standards on 

the Colville Confederated Tribes Reservation. The 

standards consist of designated uses and criteria for 

all surface waters on the reservation. 

Other : 

(4) Introduction to Water Quality Standards. U.S. Environmental 

Protection Agency, (September, 1988). 

Contains general information on the water quality 

Standards program in question and answer format. 

Designed to give the general public a basic 

understanding of the program. 

(5) Newsletter, Criteria and Standards Division, Office of Water 

Regulations and Standards. 

Quarterly newsletter of the EPA Headquarters Criteria 

and Standards Division providing updates on national 

developments and activities of the [water quality] 

Standards Branch, [water quality] Criteria Branch, and 

(sewage] Sludge Regulation Branch. 

(6) Water Quality Standards Handbook. U.S. Environmental 

Protection Agency, (1983). 

Contains guidance prepared by EPA to assist States in 

implementing the water quality standards regulation. 

Contents include: Chapter 1 - Water Quality Standards 

Review and Revision Process; Chapter 2 - General 

Program Guidance; Chapter 3 - Water Body Survey and 

Assessment Guidance for Conducting Use Attainability 

Analyses; and Chapter 4 - Guidelines for Deriving SiteSpecific Water Quality Criteria. The Handbook is 

presently being revised. The expected date for 

issuance of a draft of the revised Handbook is June 

1990. 

A-2 
(7) Questions and Answers on Antidegradation. U.S. 

Environmental Protection Agency, (August. 1985). 

Document providing guidance on the antidegradation 

policy component of water quality standards and it8 

application. Uses a question and answer format. 

Presents information on origin of the policy, meaning 

of terms, and application both in general and specific 

examples. This guidance supplements the Water Quality 

Standards Handbook, (1983). 

(8) "Variance8 in Water Quality Standards". U.S. Environmental 

Protection Agency memorandum signed by Edwin L. 

Johnson, (March, 1985). 

Guidance stating EPA's Office of General Council 

interpretation on what factors can be considered in 

allowing variances. Clarifies previous interpretation 

which is discussed in the preamble to the water quality 

standards regulation. This guidance supplements the 

Water Quality Standards Handbook, (1983). 

(9) Nonpoint Source Controls and Water Quality Standards. U.S. 

Environmental Protection Agency, (August, 1987). 

Describes the relation8hip between nonpoint source 

control8 and water quality standards. Contains 

information on the CWA requirements, approache8 for' 

managing nonpoint pollution 8ources, and implementation 

of nonpoint source controls. This guidance supplement8 

the Water Quality Standards Handbook, (1983). 

(10) Technical Support Manual: Waterbody Surveys and Assessments 

for Conducting Use Attainabi2ity Analyses. U.S. 

Environmental Protection Agency, (1983). 

Provides guidance for conducting use attainability 

analyses and information specific to river systems. 

Thi8 manual supplements Chapter 3 of the Water Quaffty 

Standards Handbook. 

(11) Technical Support Manual: Waterbody Surveys and Assessments 

for Conducting Use Attainability Analyses, Volume II: 

Estuarine Systems. U.S. Environmental Protection 

Agency, (1983). 

Addresses the unique characteristics of estuarine 

systems. Supplements the previous technical support 

manuaL. 

A-3 
(12) Technical Support Manual: Waterbody Surveys and Assessments 

for Conducting Use Attainability Analyses, Volume III: 

Lake Sy8tem8. U.S. Environmental Protectton Agency, 

(1984). 

Addreaae8 the unique characteristics of lake systems. 

Supplements the two previous technical support manuals. 

(13) "Guideline8 for Deriving National Water Quality Criteria for 

the Protection of Aquatic Organlam and Their User" (45 

FR 79341. November 28, 1980, ae amended at SO FR 

330784, July 29, 1985). 

Guidance on the methodolgy used by EPA in developing 

aquatic life criteria. 

(14) "Guidelines and Methodology Used in the Preparation of 

Health Effect Aameasment Chapters of the Consent Decree 

Water Criteria Documenta" (45 FR 79318, November 28, 

1980). 

Guidance on the methodolgy used by EPA in developing 

human health criteria. 

(15) Individual Section 304(a) criteria guidance documents 

A list of the individual Section 304(a) criteria 

guidance documents la attached to thin appendix. Theme 

individual documents are the moot important references 

for Section 304(a) criteria and contain all data used 

to develop the 304(a) criteria for each pollutant. 

(16) Qualfty Crfterfa for Water, 1986, (also called the "Gold 

Book"). U.S. Environmental Protection Agency, (1986). 

Cont8ino 8ummaries of all Section 304(a) criteria 

guidance developed by EPA. Also contain8 narrative 

criteria language. Ampendices contain summary of 

methodologies for de 'opine +hese criteria. Updated 

summariea of 304(a) cLAteri. are made available to 

those purchasing thla document as new criteria are 

developed and existing criteria revised. 

(17) Guidance for State Implementation of Water Quality Standards 

for CWA Section 303(c)(2)(B). U.S. Environmental 

Protection Agency, (December, 1988). 

Provides guidance for S+.ates on adoption of numeric 

criteria for priority Loxlc pollutantn. Describes 

three options for meeting this requirement of the new 

Section 303(c)(2)(B) of the Clean Water Act. Also 

A-4 
provides background information and discusses pros and 

cons of each option. Appendix A contains list of 

Section 307(a) toxic pollutants. 

(18) Status Report: State Numerical Water Quality Criteria for 

Toxics as of August, 1989. U.S. Environmental 

Protection Agency, (1989). 

Status report presenting information on State 

activities to address Section 303(c)(2)(8). This 

Section requires States to adopt numeric criteria for 

priority toxic pollutants by February, 1990. Next 

status report due out in March, 1990. 

(19) Water Quality Standards Criteria Summaries: A Compilation of 

State/Federal Criteria. U.S. Environmental Protection 

Agency, (1988). 

Twenty-six individual summaries, each containing 

compiled information extracted from State water quality 

standards. Summaries include information on 

definitions, uses, individual pollutant criteria, and 

policies. 

(20) Program Guidance Document for Biological Criteria. U.S. 

Environmental Protection Agency, (Due to be published 

in April, 1990). 

Describes the steps and procedures for developing 

narrative biological criteria and provides guidance on 

the implementation of biological assessment and 

biological criteria to enhance Tribal and State water 

quality programs. 

(21) Technical Guidance Document for Biological Criteria. U.S. 

Environmental Protection Agency, (Due to be published 

after April, 1990). 

This technical guidance supplements the Program 

Guidance Document for Biological Criteria. Tt 

evaluates current biological assessment approaches:in 

different types of surface waters. 

(22) Briefing Report to the EPA Science Advisory Board on the 

Equilibrium Partitfoning Approach to Generating 

Sediment Quality Criteria. U.S. Environmental 

Protection Agency, (April, 1989). 

Technical document evaluating the Equilib??un 

Partitioning method to be used in generating sediment 

quality criteria. This reference serves as the first 

source for understanding sediment quality criteria. 
(23) Individual sediment quality criteria documents. 

A list of individual sediment quality criteria 

documents is attached to this appendix. 

(24) State Water Quality Standards Summaries. U.S. Environmental 

Protection Agency, (1988). 

Contains the water quality standards of 56 States and 

Territories. Included in each State summary is the 

responsible agency, contact person, use 

classifications, criteria, and policy language. 

(25) State Water Quality Standards Summaries (one for each of the 

56 States and Territories). U.S. Environmental 

Protection Agency, (1988). 

Fifty-six individual summaries, each containing the 

water quality standards for a particular State or 

Territory. Each summary contains information on the 

responsible agency, contact person, use 

classifications, criteria, and policy language for a 

particular State or Territory. 

(26) Summary of Federally Promulgated Water Quality Standards 

Action%. U.S. Environmental Protection Agency, 

(August, 1989). 

Contains a summary of EPA promulgated water quality 

standards. 

A-6 
Assessment and Watershed Protection Division. 

Office of Water Regulations and Standards 

(27) Nonpoint Source Guidance. U.S. Environmental Protection 

Agency, (December, 1987). 

Guidance document describing opportunities for nonpoint 

source control programs as part of an overall State 

Clean Water Strategy. Includes information on 

development of State assessment reports, State 

Management Programs, and administrative provisions. 

Also contains information on grant application 

requirements. 

office of Water Enforcenent and Permits 

(28) Technical Support Document for Water Quality-based Toxic8 

Control. U.S. Environmental Protection Agency, (1985). 

Technical support document providing guidance for each 

step in the water quality-based toxics control process 

from screening to compliance monitoring. It also 

details water quality criteria recommended by EPA and 

how those criteria should be applied. This document is 

presently undergoing revision. Expected date for 

completion of revised document is September, 1990. 

(29) Permit Writers Guide to Water Quality-based Toxic8 Control. 

U.S. Environmental Protection Agency, (July, 1987). 

(30) A Primer on the Office of Water Enforcement and Permits and 

Its Programs. U.S. Environmental Protection Agency, (1989). 

Designed for the general reader, this primer explains 

how the goals of the Clean Water Act are accomplished 

through the Office of Water Enforcement and Permits 

programs. 

Office of Federal Activities 

(31) Environmental Activities on Indian Reservation: FY 88. U.S. 

Environmental Protection Agency, (March, 1989). 

Annual report designed to give an overview of EPA 

efforts to establish environmental regulations on 

Indian lands. Gives EPA workyears and dollars expended 

on each program on Xndian lands. Source for 

identifying exisLng tribal water programs. Contains 

EPA's Indian Policy and Implementation Guidance. 

A-7 
Vater <uaii:y Criteria Documents 

The U.S. Snvironmentai ?rotec-4 --on Agency has published water 

r;saiizy criteria for fZX1C aoiiutants or pollutant caregori88. 

Copses of wafer quality criteria documents are available from the 

:lat:cnal Tec:nnical Information Service <NTIS), 5285 Front Royal 

?oad, Springfieid, Virqznra '2161, (7031487-4650. ?rices of 

Acenaphthene 

Acrolein 

Acrylonitrile 

&stnetrcs 

.-Lkaiizlicy 

.-.,,,,r:;Jieldrin - 4-i 

-.. .I- izlnrr.'lzn 

.;.monza 

.&moaia/Saltwater 

Antimony 

Arsenic 

Xsoestcs 

3acceria 

3arium 

Benzene 

Zen =:2:ine 

Zerylilium 

Zoron 

3admlu-7 

Carbon Tetrachlorida 

Shiordane 

f:hlor:de 

I:li9r:z ated acnzenes 

:l:Lcr;zated Ethanes 

- i - - . . lsrinated Naphthalnes 

I b i c r i n e 

Zhloriaated Phenols 

3hiorcaikyl Ethers 

-.e: -"-;LII, -..A-- w--b-. "I 

- - -..a- -rzpnenoxy Herbicides 

-_- ,.--..nv. C.-s -..--e y, w--w 

- ; - . . rszium 

- 

- -.-*q 

-..--w 

- propnenoi 

--T-or -de 

Ispper 

Zyanrde 

individual documents may ke obtained by contacting 

numbers are indicated beiow: 

lITI. ORDER NO. 

PB 81-117269 

PB 81-117277 

PB 81-117285 

PB-263943 

?B-263943 

?B 31-117301 

?B 88-245998 

28 85-227114 

38 89-195242 

?B 81-i17319 

PB 81-117327 

PB 85-227445 

BB 81-117335 

PB 86-158045 

PB-263943 

PB-263943 

PB 81-117293 

?B 81-117343 

PB 31-i17350 

?B-263943 

PB 31-117368 

PB 85-227031 

PB 81-117376 

?B 81-117384 

PB 88-175047 

?B dl-117392 

PB 81-117400 

PB 81-117426 

?B 85-227429 

PB 31-117434 

PB 81-117418 

13 31-117442 

?B-263943 

?B 37-'C5359 

PB 81-;17467 

?B 85-227478 

?B 31-117459 

?B-263943 

"B 

PB 

81-117475 

85-227023 

PB 81-117483 

the NTIS. Order 

EPADOCUMENTNO, 

EPA 440/5-85-001 

EPA 440/5-88-004 

EPA 440/5-84-033 

BPA 340/5-84-032 

EPA 440/5-84-030 

:?A 440/5-84-029 

EPA 440/5-84-031 

EPA 440/5-840 
Weter Quality Criteria Document (cant) 

DDT and Metabolites 

Demeton 

Dichlorobenzenes 

Dichlorobenridine 

Dichloroethylenes 

2,4, - Dichlorophenol 

DichloropropanesfDichloropropensee 

2,4, - Dimethylphenol 

Dinitrotoluene 

Diphenylhydrazine 

Endorulfan 

Endrin 

Ethylbenzene 

Flouranthene 

Gasses, Total Dissolved 

Suideiines for Deriving rlumerical 

National Water Quality Criteria 

for the Protection of Aquatic 

Organisms and Their User. 

Cuthion 

Haloethers 

Halomethanes 

Hardners 

Heptachlor 

Hexachlorobutadiene 

Hexachlorocyclohexaae 

Xexachlorocyclopentadiene 

Iron 

isophorone 

Lead 

Flalathion 

Manganese 

Mercury 

Yethoxychlor 

.Yirex 

Naphthalane 

?lickel 

Xitrates, Nitrites 

Xitrobentene 

:iitropfienols 

!Iitrosaminer 

Jii and Grease 

Ixygen. Dissolved 

Parathion 

Pentachlorophenol 

PB 85-227460 

PB 81-117491 

PB-263943 

PB 81-117509 

PB 81-117517 

PB 81-117525 

PB 81-117533 

PB 81-117541 

PB 81-117558 

PB 81-117566 

PB 81-117731 

PB 81-117574 

PB 81-117582 

PB 81-117590 

PB 81-117608 

PB-263943 

PB 85-227049 

PB-263943 

PB 81-117616 

PB 81-117624 

PB-263943 

PB 81-117632 

PB 81-117640 

PB 81-117657 

PB 81-117665 

PB-263943 

PB 81-117673 

PB 81-117681 EPA 440/5-84-027 

PB 85-227437 

PB-263943 

PB-263943 

PB 81-117699 

PB 8S-227452 EPA '40/5-84-026 

PB-263943 

PB-263943 

PB 81-117707 

PB 81-117715 

PB 87-105359 

PB-263943 

PB 81-117723 

PB 81-117749 

PB 81-117756 

PB-262943 

PB 86-208253 

PB 87-105383 

PB 81-117764 

PB 87-105391 

A-9 
Water Quaiity Criteria Document (cant) 

Ph PB-263943 

Phenol PB 81-117772 

Phosphorus PB-263943 

Phthalate Esters PB 81-117780 

Polychlorinated Biphenyls PB 81-117798 

Polynuclear Aromatic Hydrocarbons PB 81-117806 

Selenium PB 81-117814 

PB 88-142239 

Silver PB 81-117822 

Solids (Dissolved) & Salinity PB-263943 

Solids (Suspended) t Turbidity PB-263943 

Sulfides, Hydrogen Sulfide PB-263943 

Tainting Substances PB-263943 

Temperature PB-263943 

2.3,7,8 - Tetrachlorodibenzo-p-dioxin 

;To be Supplied) 

Tecrachloroethylene PB 31-117830 

Thailium 38 81-117848 

Toluene PB 81-117855 

Toxaphene PB 81-117863 

PB 87-105375 

Trichloroethylene PB 81-117871 

Vinyl Chloride PB 81-117889 

Zinc PB 81-117897 

PB 87-153581 

A-10 
CRfTERIA AND STANDARDS DIVMION 

CLEARINGHOUSE ORDER FORM 

wmc~tt nunmt~ or 0ocu3mrr9 rrqursrto; cobmm rr~uumr mmu maw: 

I mANbARD BRANCR 

BsQuzsmB PROFILB 

la 

cwcr tans IP rreutsmr mm TO 

?IAML It l UCtD ON CSD’S YAIUWG U3T 

POSITION 1 TTTLt DATE ugurrr MADI 

I 

OAtt 8UBmlTc DTGEPA 

, 

OitCANIZATION 

StRtM ADDltSS 

C1TY/8TATEIzlP CODE 

/ 

TZUPHONS WUMSLI 

I 1 1 DATE OYNAMAC RtCtXVLD I 

Yetet QueLiry Stenderdr Ir~ulecion, Pert 1. Cnvitonmentel 

Protection A8eacy. &&&&g&&, Wove&et 8, 1983. 

Yater Quelicy Scaadatda liandbook, Decambor 1983 

l Quertionr end Anruerr on Aatide8redacion, Augurt 

1981. 

l Nonpoinr Source Control8 and Yarer Quelity 

Stenderde, Au8urt 19, 1987. 

0 Veriencer in Yarrr Quality Stenderdr, Nerch 1985. 

Yecer Quelity Stenderdr for rho 2let Century, 1969. 

A Compiietion of Water Quelity 8tandardr for Herin 

Utets, November 1982. 

Technical Support muelt Yeterbody Suweyr end 

Asseasaencs for Conductin Use Atteia8bility Analyses, 

November 1963. 

Technicel Suppore Nenuelt Waterbody Surveys end 

Asressmencs for COndUCtiQg Use Atteinebility AmLyres, 

Voluae II: Estuerine Syateme 

‘Trchnicel Support IUnueL: Uecerbody Surveya end 

I 

Assessswncs for Conducting Use Acteinebilicy Amlyres, 

,VoLw III: tlr. Sys;emr. November 198A. 

I 

Introduction co Ueter Queliry Scaaderda, EPA. 

UQ/S-881089, Sopcomber 1988. 
CRITERIA AND STANDARDS DIVISION 

CLEARINGHOUSE ORDER FORM 

Ambient Yater QuaLity Criteria for &tar& - 1986 EPA 

orQ/5-woo2 

Dacterio~o~ical Ambient Yatrt Quality Criteria3 

. Avrilability,, v * VO~UW 51, NO. 45, Friday, 

futch 7, 1986. 

. . 

. Tut Nrthodr for Nrr CoiL and Entrrococci; 

In Water By The Mmbtrnr filter Procedure, EPA 

600/b85/076, 1985. 

Star Adoptioa/Ptopos~l of Yuwric Critrrir for Priority 

PollutuNa I# of Autust 1988. I I 

Trsnsrictal of final “Guidance for State Implemenc~rion of 

Water Quality Standards for CUA Saction 303 (cl (2) (B)“, 

Detabu 12, 1988. 

Surrry of fedorally Promul8atod Uatrr Quality Standards 

Actions, Aumst 1989. I 

National Trchnical Infotrutioa S8rvices 

528) tronc Royal Road 

Springfield, VA 22161 

(703) 687-4650 

x-12 
CRITERIA AND STANDARDS DIVISION 

CLEARINGHOUSE ORDER FORM 

PODIllON/T'ITLK DATE ueucor MADE 

DATE SUBbDlTZD TO EPA 

, ORCANIZATlON 

\ 1 

ClTY/STAlZIZXP CODS 

TEUPHONt NUYBtK 

1 

4 

I I DATE DYNAYAC RZCUVED 1 

I Ambient Yatrr Quality Criteria 7 

I 

0 Ambient Water Qudity Criteria for m - 1988, 

EPA 440/s-88-008, blurt 1968. I 

I l Ambient Uatrr Quality Criteria for m - 1964, 

EPA I 440/5-86-001, haurry 1985. 

I 

l Ambient Yater Quality Critrria for m 

I 

.; .)-...*.j:... 

I’ 

.:*s .:i.$&&i I 

mtw8terl - 1989, EPA 440/5-88-004, April 1989. 

.x-A*.. “;;“,y, :.; ..‘Y. <-.*, ./- ” c . -.:&nblw; 

I 0 Aabieat Water Quality Criteri8 for m - 1984, 

EPA 440/5-88-033, 38lWv 1985. I 

Criteri8 for m - 1984, 

I 

I ..T : 

EPA 440/5-84/032, January 198% 4.. 

. 

I 0 .dbient Water Qdity Critetir for m - 1988, 

EPA 440/5-N/001, February 1988. I 

I 

0 Aabient Water Qu8lity Criteri8 for cRt#i - 1984, 

EPA 440/5-M-029, January 1985. I 

I 

0 kbirnt Water Qu8lity Criteri8 for w - 1964, 

&PA 440/5-86-031, January 1985. I 

:; ; 

I 0 kbient Yater Qtdity Criteri8 for s 

- tpA 440/5-88-003, April 19a6. I 

0 Ambient Ulcer Quality Criteria for w - IPA 

440/P88-027, Janw 
CRITERIA AND STANDARDS DIVISION 

CLEARINGHOUSE ORDER FORM 

l Ambient Ulcer Quality Criteria for fribuu - 

1988, Drrft 9/27/M. 

briefing Report to the EPA Science Advisory Board on the 

iquilibrium P8rtitioning Approach to Cener8tiag Sediment 

Wlity Criteri8, EPA 440/S-89-002. 

keluetion of Sediment Yormslirxtion Theory for Organic 

:ontuinmts - January 1966. 

kxluxtion of the Equilibrium Partition Theory for 

brimacing the Toxicity of the Nonpolar Organic Compound 

IDT to the Sediment & Dwelling OrSmirm Phepoxynius 

rbronius - August 1987. 

iuid8nce for Sampling of end Analyzing for Organic 

:ontuin8nts in Sedimenta = J8nuery 1987. 

biti tv8lu8tion of Altern8tives for ~VelOpernt of 

Iediwnt-Related Criteri8 for Toxic Contuinants in Urine 

freer (Puget Sound) - October 1983. 

?rotocol for Sediment Toxicity TestinS for Nonpolar 

IrSenic Coapounds - Pebt\ury 1986. 

Pinal Report - Rec8lculxtion of Screening Level 

Zoncentretions for Nonpolar OrSrnic Contxxkmnrs in flxrinr 

Eediments - December 1967. 

Reconnaissance Field Study for Verification of Equilibrium 

Psrtitioning and Nonpolar Hydrophobic OrSrnic Chuials - 

November 1987. 

Regulatory Applications of Sediment Criteri8, June 24, 

1967. 

Sediment Quality Criteria FlethodoloSy Validation: 

Calculation of Screenin Level Concentrations from Field 

Data, Undated. 

Sediment Quality Criteri8 Methodology V8lid8tion: 

Uncertainty AnalySiS of Sediment NO~lit8tiOn meOry for 

Nonpolar Orgsnic Conr&rinancs - July 10, 1967. 

bediunc Qu8liry Criteria Methodology Valid8tion: 

Uncercrincy Analysis of Sediment Nornulir8tion Theory for 

Nonpolar Organic Contuinents - November 1987. 

Sediment Quality Criterir Valid8cion: C8lculacion Of 

Screening Level Concenrr8tionr from Field Data - July 

1966. 

I... 

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i 

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. . 

‘. 

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‘. . . ” ” 

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A-14 
CRITERIA AND STANDARDS DIVISION 

CLEARINGHOUSE ORDER FORM 

l titative Determiwtion of’1 

ceaber 1987. 

Government Printing Office 

Superintendent of Documents 

North Capital and ff Streets, NV 

Uashington, DC 20401 

(202) 783-3238 

A-15 
Appendix B. EPA Regional Offices and Headquarters 

Contacts 

Listed below are the Water Quality Standards (WQS) 

Coordinators for each EPA Regional Office. (See Appendix C for a 

map detailing the geographic areas of responsibility for each 

Regional Office.) Headquarters contacts are listed at the end of 

this appendix. 

Questions can be directed to the appropriate Regional WQS 

Coordinator or Headquarters representative. Reference materials 

in Appendix A also can be obtained from the appropriate Regional 

WQS Coordinator or Headquarters representative. 

REGIONAL OFFICES CONTACTS: 

REGION 1 

Eric Hall 

WQS Coordinator 

Water Division 

EPA Region 1 

JFK Federal Bldg., Room 2203 

Boston, MA 02203 

Telephone: (617) 565-3533 

REGION 2 

Rick Balla 

WQS Coordinator 

Water Division 

EPA Region 2 

Jacob K. Javitz Building 

26 Federal Plaza 

New York, NY 10278 

Telephone: (212) 264-1559 

REGION 3 

Randy Waite 

WQS Coordinator 

Water Division 

EPA Region 3 

841 Chestnut Street 

Philadelphia. PA 19103 

Telephone: (215) 597-3425 

REGION 4 

Fritz Wagener 

WQS Coordinator 

Water Division 

EPA Region 4 

345 Courtland Street, N.E. 

Atlanta, GA 30365 

Telephone: (404) 347-2126 

B-1 

Appendix B. EPA Regional Offices and Headquarters Contacts 
REGION 5 REGION 8 

Jim Luey 

WQS Coordinator 

Water Division 

EPA Region 5 (TUD-8) 

230 Dearborn Street 

Chicago, IL 60604 

Telephone: (312) 886-0135 

REGION 6 

David Neleigh 

WQS Coordinator 

EPA Region 6 

1445 Ross Avenue 

Allied Bank Tower 

Dallas, TX 75202-2733 

Telephone: (214) 665-7145 

REGION 7 

John Houlihan 

WQS Coordinator 

Water Compliance Branch 

EPA Region 7 

726 Minnesota Avenue 

Kansas City, KS 66101 

Telephone: (913) 551-7432 

Bill Wuerthele 

WQS Coordinator 

Water Division 

EPA Region 8 (AWM-SP) 

999 18th Street, Suite 500 

Denver CO 80202-2405 

Telephone: (303) 293-1586 

REGION 9 

Phil Woods 

WQS Coordinator 

Water Division 

EPA Region 9 (W-3) 

1235 Mission Street 

San Francisco, CA 94103 

Telephone: (415) 705-2177 

REGION 10 

Fletcher Shives 

WQS Coordinator 

Water Division 

EPA Region 10 (WD-139) 

1200 Sixth Avenue 

Seattle, WA 98101 

Telephone: (206) 422-8293 

B-2 
Listed below are Headquarters contacts in the Criteria and 

Standards Division. This division, within the Office of Water 

Regulations and Standards, is responsible for the water quality 

standards program. All of the Headquarters contacts have the 

same mailing address. 

HEADQUARTERS CONTACTS: 

Criteria and Standards Division (WH-585) 

Office of Water Regulations and Standards 

Environmental Protection Agency 

401 M. Street, S.W. 

Washington, D.C. 20460 

William R. Diamond, Director 

Criteria and Standards Division 

Telephone: (202) 475-7301 

David K. Sabock, Chief 

Standards Branch 

Telephone: (202) 475-7318 

R. Kent Ballentine, Chief 

Regulation and Policy Section 

Telephone: (202) 475-7323 

EIarforie A. Pitts, Chief 

Program Support Section 

Telephone: (202) 475-7304 

Robert W. April, Chief 

Criteria Branch 

Telephone: (202) 475-7322 

Frank E. Costomski, Chief 

Water Quality Criteria Section 

Telephone: (202) 477-7321 

Christopher S. Zarba, Chief 

Multi-Media Criteria Section 

Telephone: (202) 475-7326 

B-3 
Appendix C. Map of Geographical Boundaries for EPA 

Regional Offices 

Regions 

4 -Alabama 

10 -Alaska 

9 -Arizona 

6 -Arkansas 

9 -California 

8 -Colorado 

1 -Connecticut 

3 -Delaware 

3 -D.C. 

4 -Florida 

4 -Georgia 

9 -Hawaii 

10 -Idaho 

5 -Illinois 

5 -Indiana 

7 -Iowa 

7 -Kansas 

4 -Kentucky 

6 -Louisiana 

Regions 

1 -Maine 

3 -Maryland 

1 -Massachusetts 

5 -Michigan 

5 -Minnesota 

4 -Mississippi 

7 -Missouri 

8 -Montana 

7 -Nebraska 

9 -Nevada 

1 -New Hampshire 

2 -New Jersey 

6 -New Mexico 

2 -New York 

4 -North Carolina 

8 -North Dakota 

5 -Ohio 

6 -Oklahoma 

10 -Oregon 

Regions 

3 -Pennsylvania 

1 -Rhode Island 

4 -South Carolina 

8 -South Dakota 

4 -Tennessee 

6 -Texas 

8 -Utah 

1 -Vermont 

3 -Virginia 

10 -Washington 

3 -West Virginia 

5 -Wisconsin 

8 -Wyoming 

9 -American Samoa 

9 -Guam 

2 -Puerto Rico 

2 -Virgin Islands 

C-1 
Appendix D. Section 518 of the Clean Water Act 

SEC. 518. INDIAN TRIBES. 

(a) POLICY.-Nothing in this section shall be construed to affect 

the application of section 101(g) of this Act, and all of the provisions of this section shall be carried out in accordance with the provisions of such section 101(g) Indian tribes shall be treated as 

States for purposes of such section 101(g). 

(b) ASSESSMENT OF SEWAGE TREATMENT NEEDS; REPORT.-The 

Administrator, in cooperation with the Director of the Indian 

Health Service, shall assess the need for sewage treatment works to 

serve Indian tribes, the degree to which such needs will be met 

through funds allotted to States under section 205 of this Act and 

priority lists under section 216 of this Act, and any obstacles which 

prevent such needs from being met. Not later than one year after the 

date of the enactment of this section, the Administrator shall 

submit a report to Congress on the assessment under this subsection, 

along with recommendations specifying (1) how the Administrator 

intends to provide assistance to Indian tribes to develop waste treatment management plans and to construct treatment works under 

this Act, and (2) methods by which the participation in and administration of programs under this Act by Indian tribes can be maximized. 

(c) RESERVATION OF FUNDS.- The Administrator shall reserve 

each fiscal year beginning after September 30, 1986, before allotments to the States under section 205(c), one-half of one percent of 

the sums appropriated under section 207. Sums reserved under this 

subsection shall be available only for grants for the development of 

waste treatment management plans and for the construction of 

sewage treatment works to serve Indian tribes. 

(d) COOPERATIVE AGREEMENTS.-In order to ensure the content 

implementation of the requirements of this Act, an Indian tribe and 

the State or States in which the lands of such tribe are located may 

enter into a cooperative agreement, subject to the review and approval of the Administrator, to jointly plan and administer the requirements of this Act. 

D-l 

Appendix D. Section 518 of the Clean Water Act 
(e) TREATMENT AS STATES. -The Administrator is authorized to 

treat an Indian tribe as a State for purposes of title II and sections 

104, 106, 303, 305, 308, 309, 314, 319, 401, 403 and 404 of this Act to 

the degree necessary to carry out the objectives of this section, but 

only if- 

(1) the Indian tribe has a governing body carrying out substantial governmental duties and powers; 

(2) the functions to be exercised by the Indian tribe pertain to 

the management and protection of water resources which are 

held by an Indian tribe, held by the United States in trust for 

Indians, held by a member of an Indian tribe if such property 

interest is subject to a trust restriction on alienation, or otherwise within the borders of an Indian reservation; and 

(3) the Indian tribe is reasonably expected to be capable, in 

the Administrator's judgment, of carrying 

be exercised in a manner consistent with 

out the functions to 

Such treatment as a State may include the direct provision of funds 

poses this of Act and of all applicable regulations. 

the terms and and purreserved under subsection (c) to the governing 

tribes, and the determination of priorities by Indian tribes, when 

bodies of Indian 

not determined by the Administrator in cooperation with the Director of the Indian Health Service The Administrator, in cooperation 

with the Director of the Indian Health Service, is authorized to 

make grants under title II of this Act in an amount not to exceed 

100 percent of the cost of a project. Not later than 18 months after 

the date of the enactment of this section the Administrator shall, 

in consultation with Indian tribes, 

which specify how Indian tribes shall be treated as a States for purpromulgate final regulations 

poses of this Act. The Administrator shall in promulgating such 

regulations, consult affected States sharing common water bodies 

and provide a mechanism for the resolution any unreasonable 

consequences that may arise an a result of differing quality wter

standards that may be set by States and Indian tribes located on 

common bodies of water. Such mechanism shall provide for explicit 

consideration of relevant factors include but not limited to, the 

effects of differing water quality permit requirements on upstream 

and downstream dischargers economic impacts, and 

historical users and quality of the waters subject to such standards. 

present and 

Such mechanism should provide for the avoidance of such unreasonable consequences in a manner consistent with the objective of 

this Act. 

(f) GRANTS FOR NONPOINT SOURCE PROGRAMS. -The Administrator shall make grants to an Indian tribe under section 319 of this 

Act as though such tribe was a State. Not more than one-third of 

one percent of the amount appropriated for any fiscal year under 

section 519 may be used to make grants under this subsection. In 

addition to the requirements of section 319. an Indian tribe shall be 

required to meet the requirements of paragraphs (1), (2), and (3) of 

subsection (d) of this section in order to receive such a grant. 

D-2 
(&.I AtAJu NATIVE ORGAUIZATIOUS.-NO pnxCon of this Act 

shall be con8tnKd to- 

(1) gmnt, enlorgrc, or diminish, or in any way affect the scope 

of the gownmental authori , 

ganizatio~ including any f t?% 

if any, of any Alaska Native otmtty-mcognized tribt, tditional 

Al&a Native council, or Native council oqanizd pwauant to 

the Act of June 18, 1934 (48 Stat. 987). over Lands or pcrso~ in 

Al4Z#k&T 

(2) cm& or validate any assertion by such otgunization or 

any form 

AbAa; or 

of governmental authority over laauk or pcraona in 

(S! in any wtay a 

fined in raction 1 T= 

t any -*ion that Indian county, Ed de51 of titk 18, United Statea code, exists or 

dom not aist in Ala&a 

fi) DEAVNIT~ONS-FO~~U~ of this section, the term- 

(1) “pcbrol Indian mrvation” means all land within the 

limitr 0 any Indian ~nnztion under the jurisdiction of the 

United 6 taW Governmen& notwithstanding the issuance of any 

patent, and including righta+way nrnning through the eservatiorg and 

(al “hdian tribe” means any Indian trik bond, group, or 

cOtWnunil)( m by the Sccnw 0 the Interior and exe~ 

cir@ CpWmmentat~ authority over a P eden21 Indian mrvaD-3