OVERVIEW

In response to widespread public concern about the condition of our Nation's

waters the United States Congress enacted landmark legislation in 1972.

This statute, the Federal Water Pollution Control Act Amendments of 1972

[referred to as the Clean Water Act of 1972 (CWA)] expanded and built

upon existing laws designed to control and prevent water Pollution.

Successive amendments to the 1972 CWA (the Clean Water Act of 1977 and

the Water Quality Act of 1987) have continued to strengthen the law to

better protect our Nation's waters.

Water quality standards are the cornerstone of a State's water quality

management program. States and Indian Tribes set water quality standards

for waters within their jurisdictions. Water quality, standards define a use

for a waterbody and describe the specific water quality criteria to achieve

that use. The water quality standards also contain antidegradation policies

to protect existing water quality. These are the goals by which success is

ultimately gauged for a given waterbody or watershed.

This publication provides general information about the water quality

standards program. It is intended to serve as an introductory document for

the general public and for those unfamiliar with the water quality standards

program. This document also informs the reader about where to obtain

additional information about water quality standards. The document also

contains a Glossary of terms used in this publication as Appendix A. It also

contains terms and concepts commonly associated with water

 quality standards. Terms found in the Glossary, are printed in boldface

italic type at their first use, as above.

Section 1: Introduction

Part A: Definition and Purpose of Water Quality Standards

Water quality standards are laws or regulations that States and Indian Tribes

authorized to administer the program adopt to enhance water quality and to

protect public health and welfare. Water quality standards provide the

foundation for accomplishing two of the principal goals of the Federal Water

Pollution Control Act Amendments of 1972 [commonly referred to as the

Clean Water Act (CWA) of 1971-1. That is to:

• restore and maintain the chemical, physical, and biological integrity

of the Nation's waters; and

• where attainable, to achieve water quality that promotes protection

and propagation of fish, shellfish, and wildlife, and provides for

recreation in and on the water. This goal is commonly known by the

expression "fishable/swimmable".

States report to the U.S. Environmental Agency (EPA) and

Congress under a specific part of the CWA, known as Section

305(b), on whether these goals are being achieved. (Under Section

305(b), States report to EPA once every two years on the condition of their

waters. EPA compiles the data and submits a report to Congress on the status

and condition of the Nation's waters.)

A water quality standard consists of three elements: (1) the designated

beneficial use or uses of a waterbody or segment of a waterbody: (2) the

water quality criteria necessary to protect the use or uses of that particular

waterbody; and (3) an antidegradation policy. (Each of these elements is

discussed in this publication.) Examples of designated uses are recreation and

protection of aquatic life. Water quality criteria describe the quality of water

that will support a designated use. Water quality criteria may be expressed as

either numeric limits or a narrative statement. An

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antidegradation policy ensures that water quality improvements are

conserved, maintained, and protected.

Water quality standards apply to surface waters of the United States, including

wetlands. Surface waters include rivers, streams, lakes, oceans, estauries, and

wetlands; they do not include ground water.

Part B: Statutory Authority for the Water Quality Standards

Program

The water quality standards program is authorized under Section 303(c) of

the CWA (33 U.S.C. 1313(c)). The current regulations implementing this

section of the CWA were published initially in the Federal Register (FR)

on November 8, 1983 (48 FR 51400). The specific language of the

regulations can be found in the Code of Federal Regulations (CFR) in

Chapter 40, Part 131.

(The Federal Register is a periodical published by the U.S. Government. It

includes all proposed and final regulations issued by EPA and other federal

agencies. The number preceding the letters "FR" in the citation refers to the

volume of the Federal Register, and the numbers after FR indicate the page

number. The Code of Federal Regulations contains all EPA and other

regulations that have received final approval. This document is abbreviated as

CFR. The numbers in CFR citations refer to chapters and parts: each chapter

customarily includes all the regulations in a given policy area such as water

quality standards, while each part within a chapter is a specific subject within

that policy area.)

The water quality standards program was strengthened in two significant

ways with passage of the 1987 Water Quality Act amendments to the CWA.

First, Section 303(c)(2)(B) of the CWA requires States to adopt numeric

criteria for specific toxic pollutants that appear on a priority pollutant list

[Section 307(a) of the CWA]. (Priority pollutants are compounds and

families that are among the most persistent, prevalent, and toxic chemicals. A

list of priority

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pollutants appears as Appendix B.) These toxic substances are those for

which EPA published Section 304(a) criteria recommendations. These

toxics, if discharged to a waterbody or are present in sufficient

concentrations in a waterbody, could compromise or interfere with the

waterbody's designated use. On December 22, 1992, EPA imposed Federal

chemical-specific, numeric criteria for priority toxic pollutants on 14 States

that failed to adopt their own criteria, as required by Section 303(c)(2)(B)

of the CWA. This action brought all States into compliance.

Second, Section 518 of the 1987 CWA gives EPA the authority to approve

Indian Tribes to administer the water quality standards program on

Reservation Lands. Section 518 also required EPA to develop a

mechanism for resolving disputes when an Indian Tribe and a State adopt

different water quality standards on a common body of water. On

December 12, 1991, EPA issued Amendments to the Water Quality

Standards Regulation that Pertain to Standards on Indian Reservations (40

CFR 131.6 and 131.7). The Amendments establish qualification criteria

for Indian Tribe administration and describe a conflict resolution

mechanism.

Part C: Establishing Water Quality Standards

The 50 States, the District of Columbia, U.S. Territories (Commonwealth

of Puerto Rico, American Samoa, Palau, the Virgin Islands, Guam, and the

Commonwealth of the Northern Mariana Islands), and Indian Tribes

authorized to administer the program adopt water quality standards for each

waterbody within the State, territory, or tribal boundary. (Throughout this

document, the term State is used to mean any of the above jurisdictions.)

EPA may also establish water quality standards where a State fails to do so.

A single water quality standard need not be applied to the entire waterbody

(for example, for the entire length of a stream); different water quality

standards may be set on different segments of the same waterbody.

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EPA reviews new or revised water quality standards that States adopt to

determine whether the standards meet CWA requirements. EPA also reviews

the standards of each State to ensure that they do not interfere with

attainment of standards in waters shared with another State or waters located

in another State downstream. If EPA disapproves a State's water quality

standards, or determines that a new or revised water quality standard is

necessary to meet the requirements of the Act, EPA may issue water quality

standards to which the State is bound. EPA provides technical guidance,

program grants, and assistance to the States to help them carry out the

requirements of the program.

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Section II: Uses of a Waterbody

Part A: Designated Uses and Existing Uses

The water quality standards program categorizes water uses in two ways:

designated uses and existing uses. A designated use is the legally

applicable use specified in a water quality standard for a watershed,

waterbody, or segment of a waterbody. A designated use is a use that,

presently, may or may not be met or "attained". All pollution control

activities are designed to attain the designated uses. An existing use is the

use that has been achieved for a waterbody on or after November 28, 1975,

and that requires the most stringent criteria. (This is the date when the

original water quality standards regulation took effect.)

Understanding the distinction between existing and designated uses is

fundamental to understanding the standards program. An existing use for a

specific waterbody is one that has been attained; that use and the water

quality necessary to continue supporting that use must be protected and

maintained. Designated uses, on the other hand, may be changed upon

finding that the use cannot be attained, but only after conducting a Use

Attainability Analysis (UAA), described in Part C of this Section. Changing

a designated use also results in a change to the applicable water quality

criteria.

Part B: Typical Uses of a Waterbody

Typical uses of waterbodies include public water supply, propagation of

fish and wildlife, recreation, agriculture, industrial processes, and

navigation. EPA does not recognize waste transport as an acceptable use.

Designated or existing uses for wetlands may include providing habitat for

endangered species or mitigating the effects of floodwaters.

A special designated use category is Outstanding National Resource

Waters (ONRWs). These waters are high quality or ecologically unique

waters such as those within the jurisdiction of National and

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State Parks and wildlife refuges. ONRWs are waters that are

ecologically important, unique, or sensitive (such as swamps or hot

springs), which the commonly applied use classifications and

supporting criteria do not always serve to protect. No new or

additional discharges can occur in ONRWs. Some States have a

special use category called State Resource Waters, which may allow

limited changes in water quality as long as the changes do not affect

the characteristics that support the use designation.

Part C: Establishing Designated Uses

States are responsible for establishing designated uses of a waterbody.

Categories of designated uses vary by State. Each State develops its own use

classification system based on the generic uses cited in the CWA (see Section

1, Part A). States may designate uses such as cold water fisheries or

particular species to be protected, for example, trout or bass. States may also

designate special uses to protect sensitive or valuable aquatic life or habitat.

Figure I below illustrates an example of a use designation. In this case, the

waterbody depicted is a cold water stream, and the

Figure 1

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It~
designated use is aquatic habitat. The stream system is appropriate for

sustaining the brook trout depicted in the figure because it has undercut

banks, a gravel stream bed, and overhanging vegetation.

Uses may be revised during periodic State reviews of the water quality

standards, which, by law, are required at least once every three years. The

public must have an opportunity to comment on changes in uses and EPA

must approve any changes.

When establishing a designated use that does not meet the "fishable/

swimmable" goal, States perform a use attainability analysis (UAA) to

determine the achievable uses of a waterbody. A UAA is a structured

scientific assessment of the physical, chemical, biological, and economic

factors that affect the attainment of a use. Consisting of a waterbody survey

and assessment and an economic analysis, if appropriate, the UAA enables

the States to answer the following questions about the conditions of its

waters:

What is the existing use to be protected?

To what extent does pollution (as opposed to physical

factors) contribute to impaired use?

What level of point source control is required to restore or

enhance the use? (The term "point source" refers to pollution

resulting from discharges into receiving waters from any

discernible confined and discrete conveyance such as a pipe,

ditch, or sewer.)

What level of nonpoint source control is required to

restore or enhance the use? (The term "nonpoint source"

refers to pollution sources that are diffuse and do not have a

single point of origin. Run-off from agriculture, forestry,

and construction sites are examples.)

While UAAs are the responsibility of the States, the actual studies

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may be performed by other entities (e.g., consultants hired by the States or

Indian Tribes). States are encouraged to consult with EPA before the analysis

is initiated and frequently while it is being conducted. EPA's Regional Offices

can provide additional information about UAAs (Section VII of this

document contains a list of the Regional Offices and the States and Territories

covered by each region). A State may also elect, at its option, to conduct a

UAA even when designating fishable/swimmable uses, simply to document

the reasonableness of the designation and the attainability. 

Part D: Changing Designated Uses

States may modify a designated use when its attainment is precluded because

of one or more of the following factors: 

• naturally occurring pollutant concentrations; 

• natural, intermittent or low-flow water levels;

• anthropogenic conditions or sources of pollution that cannot be

corrected or for which corrective measures would cause more

deterioration of the environment than would leaving the conditions or

pollutants in place; 

• dams, diversions, or other hydrologic modifications;

• physical conditions associated with the natural features of the

waterbody, unrelated to quality, that impede protection of aquatic life;

or

• more stringent controls than those required by Sections 301(b)(1)(A)

and (B) and 306 of the CWA would result in substantial and

widespread economic and social impact.

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Section III: Water Quality Criteria

Part A: Definition of Water Quality Criteria

The phrase "water quality criteria" has two definitions under the CWA. First, under

Section 304(a), EPA publishes water quality criteria that reflect available scientific

information on the concentrations of specific chemicals in water that protect

aquatic life or human health. These criteria are intended to provide protection for

all surface waters on a national basis and may be used by the States as a basis for

developing enforceable water quality criteria as part of their standards. The general

public sometimes mistakenly views these criteria as the "standards." In a legal

sense, a water quality standard must also contain a designated use and an

antidegradation policy.

Second, water quality criteria are elements of water quality standards adopted by a

State under Section 303(c), which describe the quality of water that will support a

particular use. When properly selected criteria are met, they are expected to protect

the designated use. As a practical matter, most States for most pollutants adopt

EPA's Section 304(a) criteria recommendations as part of their legally enforceable

water quality standards.

Part B: Forms of Criteria

Water quality criteria are expressed in either numeric form or narrative form.

Numeric criteria are expressed as chemical concentrations or conditions

(such as pH or turbidity) in water which should protect designated uses.

Concentrations of chemicals or other pollutants are typically expressed as a

weight, measured per liter, such as ug/L (micrograms per liter) or mg/L

(milligrams per liter). Micrograms are much smaller than milligrams: one

milligram equals 1000 micrograms. An example of a numeric criterion is

dissolved oxygen >/= 5.0 mg1L (stated in English, this narrative criterion

means that the amount of oxygen dissolved in the water should be equal to or

greater than 5 milligrams per liter).

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Section 303(c)(2)(B) of the CWA requires States to adopt numeric criteria

for priority toxic pollutants. The 126 individual priority toxics are listed in

Appendix B to this document.

Narrative criteria are expressed in concise statements, generally in a "free

from" format. EPA aesthetic narrative quality criteria, for example, state that

"all waters should be free from substances attributable to wastewater or other

discharges that: (1) settle to form objectional deposits; (2) float as debris,

scum, oil, or other matter to form nuisances; (3) produce objectionable color,

odor, taste, or turbidity; (4) injure, are toxic to, or produce adverse

physiological responses in humans, animals, or plants; and (5) produce

undesirable or nuisance aquatic life." Similarly, the phrase "free from toxic

pollutants in toxic amounts" is derived from the national goal statement in

Section 101(a)(3) of the CWA. An example of a narrative, biological

criterion is natural background conditions shall be maintained. 

Part C: Site-specific Criteria

Site-specific criteria are either numeric or narrative criteria adopted for a

particular site that reflect environmental conditions at that site. The EPA

Section 304(a) guidance on water quality criteria, which are intended to

provide protection for all surface waters on a national basis, is broad. These

broad criteria can be tailored to reflect localized, site-specific conditions.

Site-specific criteria are sometimes justified because:

• species inhabiting a given site may be more sensitive or less

sensitive than those used by EPA to develop Section 304(a) criteria;

• water chemistry (e.g., pH, hardness, temperature, suspended solids)

at the site may differ substantially from the water used in the

laboratory for developing Section 304(a) criteria, affecting toxicity

of the chemicals to the organisms in the water; or

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EPA may not have a criteria recommendation for a

pollutant adversely affecting the designated use at a

particular location.

Part D: Developing Water Quality Criteria

EPA publishes, as guidance, Section 304(a) criteria which reflect the most

current scientific information available regarding pollutant effects on human

health and aquatic life. The criteria, which have no force of law, are

published as guidance documents to assist the States and Indian Tribes in

setting water quality standards. Human health criteria provide guidelines

that specify the potential risk of adverse effects to humans due to substances

in water. Aquatic life criteria are designed to protect all aquatic life,

including plants and animals.

The criteria guidance documents issued by EPA contain two major types of

information:

1. scientific data on the effects of pollutants on human

health (including recreation) and aquatic life; and

2. quantitative concentrations or qualitative assessments

of pollutants in water that will generally ensure water

quality adequate to support a particular use.

The document, Quality Criteria for Water 1986, contains summaries of all

contaminants and conditions for which EPA has developed criteria

recommendations. The current edition is known as the "Gold Book." This

document may be obtained for a fee from the National Technical Information

Source (NTIS) or the Education Resource Information Center (ERIC)

(complete ordering information is contained in Section VII of this document).

EPA considers effective State water quality standards programs to include

both numeric approaches and narrative approaches. In the case of toxic

pollutants, for example, numeric criteria for specific

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chemicals are appropriate in circumstances where the cause of toxicity is known,

or when human health effects are associated with a specific concentration of the

toxic pollutant. A narrative standard may be suitable when a specific pollutant is

identified as impairing the quality of the waterbody (such as reducing fish

populations), but a numeric criterion is not specified in State standards.

Narrative standards can also be used when the chemical(s) causing the toxicity is

unknown. As a specific standards program matures and more definitive data

become available, narrative criteria can be replaced with numeric ones.

Anyone may propose a site-specific criterion to a State. A municipality or a

private company may conduct the work to support a site-specific criterion.

The State must review the data and the procedures used to collect and

analyze the data. The State must then make the determination whether to

adopt site-specific criteria. If adopted, the State must submit the site-specific

criteria to EPA for review and approval or disapproval. The State may use

methods that are less scientifically rigorous than EPA's, but the methods

must be defensible (as required by 40 CFR 13 1.11).

Guidance, developed by EPA, for deriving site-specific water quality criteria

starting with EPA’s Section 304(a) criteria can be obtained form EPA’s

Health and Ecological Criteria Division at the address listed in Section VII. 

Guidelines for Deriving Numerical National Water Quality Criteria for the

Proctection of Aquatic Life, published in October 1984, is available from

NTIS (publication number PB85-227049). States are also urged to consult

with the appropriate EPA Regional Office (listed in Section VII) before

beginning to develop site-specific criteria.

Part E: Water Quality Criteria for Protection of Human Health

Water quality criteria have been established to protect human health from

most toxic pollutants ingested by consuming aquatic organisms (such as fish

containing mercury). The criteria are based on the assumption that humans

consume 6.5 grams of contaminated aquatic

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organisms daily and that the average body weight of a human is 70 kg or

about 150 pounds. These criteria use other standardized factors for each

pollutant, which are derived from laboratory studies. EPA is now revising

its human health criteria, which will encourage more State and local input

on risk management decisions.

EPA's water quality criteria for fish consumption are distinct from the limits

developed by the Food and Drug Administration (FDA) and serve a

different function. The EPA criteria for protecting human health are nonregulatory, scientific recommendations for ambient levels in water, which if

not exceeded, will ensure that safe levels are maintained in edible aquatic

organisms. ("Ambient" refers to the existing conditions in the waterbody.)

The FDA action levels are regulatory numbers used to prohibit the sale of

edible aquatic life when contaminant concentrations in the edible portions of

the organisms exceed the FDA limit.

Part F. Water Quality Criteria for the Protection of Aquatic Life

The development of national numerical water quality criteria for the

protection of aquatic life is a complex process. After a decision is made that

a national criterion is needed for a particular material, all available

information concerning the impact of that material on aquatic life is

collected; this can include experimental and laboratory testing data. There

are two types of criteria which may be established: “acute,” which cover

short-term exposures such as spills, and “chronic,” which cover long-term

or permanent exposures. One or both of the acute and chronic criteria may

be related to other water quality characteristics, such as pH, temperature, or

hardness. Separate criteria are developed for fresh and salt waters.

Part G: Other Criteria-Preserving Biological Integrity

In addition to human health and aquatic life criteria, EPA is developing

biological and sediment criteria to further the CWA

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goal of protecting the chemical, physical, and biological integrity of the

Nation's waters. Biological criteria are narrative or numeric expressions

that describe the desired biological condition of aquatic communities

inhabiting particular types of waterbodies. Sediment criteria address the

toxicity of different sediment types in different environmental settings;

controlling sediment pollutant concentration helps prevent harmful

chemicals from accumulating in the tissues of animals in the food chain.

While each type of water quality criterion has a different protective focus,

human health, aquatic life, biological, and sediment criteria are

complementary. No single criterion value or number will guarantee

protection of all forms of life. Collectively, these four types of criteria

provide a valuable tool for protecting the physical, chemical, and

biological--and ultimately the ecological--integrity of the Nation's waters.

Figure 2 below shows how use designation and criteria can be

applied to different waterbodies (in this case a stream, lake, and

wetland) within a watershed.
Section IV: Antidegradation Policy

Part A: Origin and Purpose of Antidegradation Policies

EPA's water quality standards regulation requires States and Indian Tribes

to adopt a policy that conserves, maintains, and protects existing uses and

the water quality necessary to protect these uses. This policy is known as

the antidegradation policy. Established by the Secretary of Interior in

February 1968 before the creation of EPA, the policy was incorporated into

the water quality standards regulation issued by EPA in November 1975.

The policy was clarified and included in the water quality standards

regulation published in the Federal Register on November 8, 1983 (48 FR

51400); the specific code is contained in 40 CFR 131.12. Section 303(d) of

CWA establishes Congressional recognition and approval of EPA's

antidegradation policy. 

Part B: Federal Antidegradation Requirements

The water quality standards regulation requires States and Indian

Tribes to adopt an antidegradation policy that

• maintains existing uses of a waterbody or segment and the level of

quality necessary to protect the use (known as Tier 1 waters);

• protects high quality waters (unless certain conditions are met).

High quality water is that which exceeds levels necessary to

support propagation of fish, shellfish, and wildlife as well as

recreation in and on the water (these waters are also known as

Tier 2 waters); and

• provides special protection for Outstanding National Resource

Waters (ONRWs)(also known as Tier 3 waters).

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Many States designate Outstanding State Waters instead of ONRWs to

provide additional protection while allowing for limited discharges.

Part C: State Antidegradation Policies

States and Indian Tribes are required to adopt an antidegradation policy and

methods for their implementation. The policy need not be formally adopted

into the State's water quality standards, but it must be specifically referenced

in the standards regulation so that its relationship to the standards is clear.

EPA has the authority to review State and Tribal antidegradation policies

and to issue such policies if a State or Indian Tribe fails to adopt an

antidegradation policy that is consistent with the CWA. Implementation

plans may be disapproved by EPA if the plans contain provisions that may

result in violating the intent, spirit, and requirements of the antidegradation

policy.

Issuance of a National Pollution Discharge Elimination System (NPDES)

permit by the State or Indian Tribe serves as an example of how EPA may

disapprove the implementation of an antidegradation policy. (Section 402

of the CWA, the National Pollutant Discharge Elimination System, is the

EPA program that controls the discharge of pollution from point sources by

requiring that a person or organization discharging any type of waste into a

surface water obtain a NPDES permit from the EPA, and limit their

discharges to the limit contained within the permit. EPA has the legal

authority to delegate its permit granting role to the States and Indian tribes.) 

If a State or Indian Tribe, for example, fails to apply its antidegradation

policy when it issues an NPDES permit, EPA may object to the permit as

not meeting the requirements of the Act. The State or Tribe may then be

barred from issuing the permit until steps are taken to comply with the

antidegradation policy. Citizens may also challenge any permit in State

court on the grounds that it does not comply with the State’s or Indian

Tribes’s antidegradation policy. Additionally, EPA may determine 

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that the State's or Indian Tribe's antidegradation policy is, in fact,

inconsistent with EPA requirements (40 CFR Section 131.12). In this case,

EPA would issue an antidegradation policy for waters in the State or

Reservation Lands.

The antidegradation policy has been developed so that it minimizes adverse

effects on economic growth and development and at the same time protects

CWA goals. Federal regulations are not intended to result in standards that

are so stringent that compliance would cause severe economic impacts. The

antidegradation policy does not prohibit lowering of water quality. It does,

however, establish a public process for considering the relevant factors

before doing so.

Part D: Antidegradation Policy and Wetlands

States and Indian Tribes are expected to fully apply their antidegradation

policies to wetlands. Wetlands are defined in the CWA as those areas that

are inundated or saturated by surface or ground water at a frequency and

duration to support, and under normal circumstances do support, a

prevalence of vegetation typically adapted to life in saturated soil

conditions. Wetlands generally include marshes, swamps, bogs, and

similar areas.

The antidegradation policies should provide for the protection of existing 

uses in wetlands and the level of water quality that is necessary to protect 

those uses, similar to antidegradation policies in other waters. In the case of 

using wetlands for disposing dredge and fill material (such as materials 

that might result from development of highways and airports, or from 

construction of dams and levees), EPA follows a slightly different 

interpretation of existing uses. EPA recognizes that Congress intended for 

some fill to occur in wetlands, as long as the discharged materials do not 

result in significant degradation as defined in the section of the CWA that 

concerns permits for dredge and fill materials [Section 404(b)(1) guidelines 

in 40 CFR Part 230)]. These guidelines establish a process to ensure that 

impacts to wetlands are avoided,

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minimized, and mitigated. States may, of course, adopt stricter

requirements for wetland fills in their antidegradation policies,

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Section V: Water Quality Standards on Indian Lands

Part A: Requirements for Water Quality Standards Programs on Indian

Lands

Before an Indian Tribe is granted authority to administer a water quality

standards program, the following criteria must be met:

• The Indian Tribe must be recognized by the Secretary of Interior.

• The Tribe must have a governing body with substantial duties and

powers within a defined area (including authority to conduct

governmental functions such as ensuring the health and welfare of

an affected population.).

• The water quality standards program must include managing and

protecting water resources within the borders of the Indian

Reservation.

• The Indian Tribe must have the necessary management and technical

skills to implement an effective water quality standards program or

must submit a plan to acquire those skills.

The Tribal application to administer the program must be submitted to the

EPA Regional Administrator, who informs all neighboring governmental

entities that the application has been received. The Regional Administrator

allows 30 days for comments on the Tribe's application. (Locations of EPA

Regional Offices and the States covered by each are contained in Section

VII.) States and other Federal entities participating in the review cannot veto

the application. EPA independently evaluates the application and promptly

notifies the Tribe in writing whether it qualifies to administer the program.

No statutory requirement exists that requires an Indian Tribe to apply for the

water quality standards

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program, nor is there a deadline by which applications must be

submitted.

Part B: The Issue Dispute Resolution Mechanism

The December 12, 1991 Amendments to the Water Quality Standards

Regulation That Pertain to Standards on Indian Reservations (40 CFR 131.6

and 131.7) set forth procedures to resolve unreasonable consequences that

may arise when an Indian Tribe and State adopt different water quality

standards on a common body of water. EPA has established mechanisms for

resolving disputes between Indian Tribes and States, but prefers that Indian

Tribes and States resolve disputes without EPA involvement.

The "issue dispute resolution mechanism" is a way for EPA to resolve

issues that arise as a result of States and Indian Tribes setting different water

quality standards on common bodies of water. Dispute resolution actions

involving water quality standards must be consistent with one or more of the

following options:

a. Mediation. The EPA Regional Administrator may appoint a

mediator who can be an employee of EPA or some other Federal

agency, or another appropriately qualified individual. The

mediator, acting as a neutral facilitator, encourages communication

and negotiation among disputing parties, and may establish

advisory panels to study the problems and recommend a solution. 

The advisory panel must consist of members from the affected

parties. The mediation procedure and schedule is determined by

the mediator in consultation with the parties to the dispute.

b. Arbitration. The EPA Regional Administrator may appoint an

arbitrator or arbitration panel (which disputing parties must

approve) to settle the dispute. Arbitrators and panel members may

be EPA employees, employees of other Federal agencies, or other

individuals with appropriate qualifications. Individuals serving in

this capacity who are Federal employees must act

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independently of their agencies. Arbitrators and panelists must

be versed in the water quality standards program and

understand the political and economic interests of the Indian

Tribes and States involved.

At least one private or public meeting must be held with the

parties. The arbitrator or panel must solicit information on

how fulfilling the requirements for obtaining a permit affect

entities that discharge into a water body, comparative risks to

public health and the environment, economic impacts, water

uses, water quality, and other factors relevant to the dispute.

After considering these factors, the arbitrator or panel

provides a written recommendation for resolving the dispute

to the affected parties and the EPA Regional Administrator.

Disputing parties need not accept the recommendation unless

they voluntarily entered into a binding agreement to do so. If

a party to the dispute believes that the arbitrator or panel has

recommended an action that is inconsistent with the CWA,

the party may appeal the recommendation to the Regional

Administrator in writing. The appeal must include the

statutory basis for altering the arbitrator's recommendation.

c. Dispute Resolution Default Procedure. A default procedure is

available when disputing parties refuse to participate in either

mediation or arbitration. In such an event, the EPA Regional

Administrator may appoint a single official or panel to review

information related to the dispute and issue a written

recommendation for its resolution. Recommendations issued

by EPA resulting from this default procedure have no force of

law.
Part C: Options for Establishing Water Quality Standards

Indian Tribes have three options for establishing water quality

standards for waters under their jurisdiction:

They may negotiate a cooperative agreement with an adjoining

State to apply that State's water quality standards to the

Reservation Lands. A cooperative agreement can include any

provision agreed upon by the two parties; or

they may adopt the adjacent State's water quality

standards with or without modifications; or

they may develop and adopt their own standards to

account for unique Tribal uses and needs.

22
Section VI: Adoption of Water Quality Standards

Part A: Processes For Establishing Water Quality Standards

The process for developing, reviewing, adopting, and implementing water

quality standards on land under the jurisdiction of States and Indian Tribes

is the same. The overall requirements are specified in the CWA and the

water quality standards regulation issued on November 8, 1983.

Each State and Tribe has its own legal and administrative procedures

for adopting water quality standards; there are no standardized

procedures. The CWA requires States and Indian Tribes to hold one

public hearing and to involve the public in reviewing and revising

water quality standards.

The governmental entity responsible for adopting State or Indian

Tribal water quality standards varies from State to State and Tribe to

Tribe. In some States, water quality standards are adopted by the State

legislative body and signed into law by the Governor. In others,

standards are adopted through an administrative agency rulemaking

procedure which may be subject to legislative oversight. For Indian

Tribes, the governing Tribal body or authority is responsible for

adopting water quality standards on Reservation Lands.

One approach to water quality protection considers the whole aquatic

system, including other resource management programs that address land,

air, and water to successfully manage problems for a given aquatic resource.

This approach--the watershed protection approach--encourages States and

Indian Tribes to work collectively to manage high priority water quality

concerns, to coordinate among various interests, and to devise solutions for

local conditions. States and Tribes define the goals in the watershed, or

waterbody, of concern and can adopt these in their water quality standards.

Goal selection is driven by stakeholder involvement in the process.

23
Part B: Status of the Water Quality Standards Program

All 50 States, the District of Columbia, and the U.S. Territories have developed

water quality standards. Some Indian Tribes have been authorized to administer

the water quality standards program and have approved water quality standards.

The number of Tribes that may eventually assume responsibility for the program

is unknown. 

Part C: Reviewing, Revising, and Adopting New Standards

Section 303(c) of the CWA requires States to hold public hearings at least

once every three years to review applicable water quality standards and, if

appropriate, to adopt new standards. In conjunction with EPA, States select

waterbodies for which water quality standards are to be reviewed in-depth.

Selection is based on the following sources of information:

a list of impaired waters, Section 304(l). This list comprises two

types of waters: first, those in which water quality standards

cannot be met because of the presence of toxic pollutants;

second, those in which the following uses cannot be maintained

or achieved. This category includes public water supplies,

agricultural and industrial uses, the protection and propagation

of a balanced population of shellfish, fish and wildlife, and

recreational activities in and on the water. The second category

also includes any waters that present a threat to public health.

reports on the condition of the waters within the boundaries of

each State (Section 305(b) Reports). These reports, required

biennially for each State, describe the water quality of all

navigable waters in the State, as well as the nature and sources

of pollution to the waters during the preceding two years. 

24
waters identified as not meeting water quality standards

(Section 303(d) Lists). This section requires States to list

those waters for which (1) the limitations on effluent

discharges (or releases of pollutants to a waterbody) are not

stringent enough to implement water quality standards for

the waters and (2) the limitations on thermal discharges

(effluent with elevated temperatures) are not stringent

enough to ensure protection and propagation of a balanced

indigenous (native) population of shellfish, fish, and

wildlife.

waterbody segments where major NPDES permits are to be

issued; and

priorities within a watershed.

Additionally, waterbodies with water quality standards that do not meet the

requirements of the CWA (i.e., do not provide for the protection of aquatic

life or recreation) must be reexamined every three years. States must

review their standards to determine if new scientific and technical data may

be available which have a bearing on their standards. Further,

environmental changes and economic development over time may warrant

the need for a review. Where States have not adopted standards that

provide for the protection of aquatic life or recreation, the State must

periodically review standards to see if the "fishable/ swimmable" uses can

be attained. In addition, States may have adopted water quality standards

without sufficient data to determine whether the uses were attainable.

Finally, changes in the CWA or EPA's regulations may necessitate State

review of their standards to ensure continued compliance with Federal

requirements.

States may use several ways to determine the appropriateness of a water

quality standard. Generally, States will review intensive water quality

survey and monitoring data, and any other information for a waterbody, to

determine if uses are impaired or if water

25
quality criteria are exceeded. If uses are impaired or criteria exceeded,

States will evaluate whether more stringent controls are needed to attain

the water quality standard or whether the water quality standards are

appropriate.

Part D: EPA's Role Following State or Tribal Adoption of

Standards

The Governor or Tribal Authority (or designee) submits the State's

or Tribe's officially adopted standards to the appropriate EPA

Regional Administrator for review. The Regional Administrator

reviews the standards to determine compliance with the CWA and

implementing regulations. The Regional Administrator may

approve or disapprove (in whole or in part) State or Tribal water

quality standards based on the review. If the standards do not meet

CWA requirements, the Regional Administrator must inform the

State or Tribe of the changes needed to bring the standards into

compliance. If the State or Tribe does not make the required

changes, EPA begins a process that results in the promulgation (i.e.,

the issuance of a legally binding standard) of a Federal water

quality standard for the affected waters. Meanwhile, the standards

adopted by the State or Tribe remain in effect until the

promulgation process is complete or the State adopts revised water

quality standards. These requirements are listed in 40 CFR 131.6.

In addition, EPA is required under the Endangered Species Act to 

consult with the Fish & Wildlife Service (F&WS) and the National

Marine Fisheries Service (NMFS) to determine if adverse effects to

threatened or endangered species are likely. The F&WS is part of

the U.S. Department of Interior, and the NMFS is part of the

National Oceanic and Atmospheric Administration. The

Endangered Species Act (ESA) was enacted in 1973. The ESA and

subsequent amendments are intended to protect and preserve plants

and animals whose populations have been threatened or impaired by

the actions of humans.

26
EPA may also issue Federal regulations when the Administrator determines

that a new or revised standard is necessary to meet the requirements of the

CWA. Federal water quality standards are withdrawn when States or Tribes

adopt standards that meet the statutory and regulatory requirements. At the

present time, Federal actions of this type remain in force in Arizona, the

Coleville Confederated Tribes Indian Reservation in Washington, the San

Francisco Bay/Delta, and in 14 jurisdictions in the National Toxics Rule.

When issuing water quality standards that are binding on a State or on Tribal

Lands, EPA must adhere to the same substantive requirements as the State or

Tribe for adopting standards. Additionally, EPA at a minimum must

publish the proposed water quality standard in the Federal Register,

solicit public comments on the proposed standard,

hold a public hearing

analyze and incorporate public comments, and

publish the final water quality standard.

Part E: Enforcing Water Quality Standards

Water quality standards are not directly Federally enforceable under the CWA,

but they provide a basis for establishing discharge limits in NPDES permits and

Section 404 permits (those permits that allow for the disposal of dredge and fill

material into surface waters). The permits are legally enforceable. Failure to

comply with NPDES or dredge-and-fill permit limits can result in enforcement

action. States, however, do have the option, under Section 510 of the CWA, to

make water quality standards directly enforceable.

27
Part F: The Role of the Public in Setting Water Quality Standards

The public has a vested interest in our Nation's water quality. Open hearings on

water quality standards provide an opportunity for the public to become

involved in the water quality standards setting process. Citizens may make

recommendations on improvements or modifications in the standards during the

public hearing process. Public hearings are a powerful vehicle through which

citizens may make their concerns known to public officials. States and Indian

Tribes are required by law to hold hearings at least once every three years.

Part G: Available Guidance and Assistance

In addition to publishing Section 304(a) criteria guidance, EPA develops

other informational materials to help the States and Indian Tribes meet the

requirements of the water quality standards program. Such informational

materials include technical publications, newsletters, and videotapes.

Guidance materials are supplemented by training programs, technical

assistance, workshops, meetings, and other forums conducted by EPA

personnel. EPA personnel are also available for consultation. EPA

encourages a free exchange of information in the Federal-State effort to

clean-up and protect the Nation's waters. (Section VII of this document tells

you where additional information about water quality standards and criteria

can be obtained.)

28
Section VII: For More Information

EPA's ten Regional Offices (listed on page 31) can provide detailed 

information about the procedures by which an Indian Tribe may qualify for 

water quality standards program authorization. EPA is also available to 

provide technical information as Indian Tribes begin to develop water

quality 

standards affecting Reservation Lands.

Information on the water quality standards of a given State may be

obtained from the State's Water Pollution Control Agency or its equivalent

or directly from an Indian Tribe. Information may also be obtained from

the Water Quality Standards Coordinator in each Regional Office

identified on page 31.

You may also contact EPA at the following address for more information

about water quality standards, including schedules for training programs

and technical assistance workshops, documents and videos.

Specific information about water quality standards may be obtained from

U.S. Environmental Protection Agency

Office of Water

Office of Science & Technology

Standards & Applied Science Division

401 M Street, SW (4305)

Washington, DC 20460

(202) 260-1315

29
Specific information about water quality criteria, including site-specific

criteria, may be obtained from

U.S. Environmental Protection Agency

Office of Water

Office of Science & Technology

Health & Ecological Criteria Division

401 M Street, SW (4304)

Washington, DC 20460

(202) 260-0658

To purchase a copy of Quality Criteria for Water 1986, containing

summaries of all contaminants and conditions for which EPA has

developed criteria recommendations, contact

National Technical Information Center

U.S. Department of Commerce

5285 Port Royal Road

Springfield, VA 22161

(800) 553-NTIS

Order Number: PB87-226759

or

Education Resource Information Center

1929 Kenny Road

Columbus, OH 43210

(800) 276-0462

Order Number: D-760

30
EPA Regional Water Quality Standards Coordinators

Region I Water Division

JFK Federal Building

Boston, MA 02203

(617) 565-3533

(617) 565-4940 (fax)

CT, ME, VT, MA, NH,

RI

Region 2 Water Division

290 Broadway

New York, NY 10007

(212) 264-5685

(212) 637-3772 (fax)

NJ, NY, Puerto Rico,

Virgin Islands

Region 3 Water Division

841 Chestnut Street

Philadelphia, PA 19107

(215) 597-4491

(215) 597-3359 (fax)

DE, DC, WV, MD, PA,

VA

Region 4 Water Division

345 Courtland Street, N.E.

Atlanta, GA 30365

(4G4) 347-3555 x6633

(404) 347-1799 (fax)

AL, FL, GA, TN, KY,

NC, SC, NIS

Region 5 Water Division

77 West Jackson

Boulevard

Chicago, IL 60604-3507

(312) 353-9024

(312) 886-7804 (fax)

IL, IN, OH, MI, MN,

W1

Region 6 Water Division

1445 Ross Avenue

First Interstate Bank

Tower

Dallas, TX 75202

(214) 665-6643

(214) 665-6689 (fax)

AR, LA, NM, OK, TX

Region 7 Water

Compliance Branch

726 Minnesota Avenue

Kansas City, KS 66101

(913) 551-7441

(913) 551-7765 (fax)

IA, KS, MO, NE

Region 8 Water Division

999 18th Street

Denver, CO 80202-2405

(303) 293-1586

(303) 391-6957 (fax)

CO, MT, UT, ND, SD,

WY

Region 9 Water Division

75 Hawthorne Street

San Francisco, CA

94105

(415) 744-1997

(415) 744-1078 (fax)

AZ, CA, NV, HI, Palau,

Guam, American Samoa,

N. Mariana Islands

Region 10 Water Division

(WS-139)

1200 Sixth Avenue

Seattle, WA 98101

(206) 553-0176

(206) 553-0165 (fax)

AK, ID, OR, WA

31
APPENDIX A: GLOSSARY

This glossary includes terms used in this document and additional terms that are frequently used in

discussions of water quality standards.

The Act--refers to the Clean Water Act (Public Law 92-500, as amended (33 USC 1251, et seq.) (40

CFR 131.3)

acute--refers to short-term exposures to pollutants

Adminstrator-refers to the Administrator of the U.S. Environmental Protection Agency

ambient--refers to existing conditions in a waterbody

anthropogenic--generated or caused by the actions of humans

antidegradation policy--policy required by EPA's water quality standards regulation that States and

Indian Tribes must adopt to conserve, maintain, and protect existing uses and the water quality

necessary to protect these uses: the policy was established by the secretary of Interior in February 1968

before the creation of EPA and incorporated into the water quality standards regulation issued by EPA

in November 1975

aquatic life criteria--guidelines designed to protect all aquatic life, including plants and animals

arbitration- a dispute resolution process in which an individual or panel recommends a

solution to an issue arising between two parties. The solution recommended by the

arbitrator can be binding on the parties if they choose to make it so.

attain -achieve or reach (as a water quality goal)

background conditions--natural conditions, conditions not affected or influenced by the activities of

humans

biological integrity--the condition of the aquatic community inhabiting unimpaired water bodies of a

specified habitat as measured by community structure and function

biological criteria--narrative or numeric expressions that describe the desired biological condition 

of aquatic communities inhabiting particular types of waterbodies

chronic–refers to long-term expposures to pollutants

Code of Federal Regulations–a publication of the U.S. Government that contains all EPA and other

regulations after they have received final approval. Reffered to as CFR.

32

I
designated use--that use defined in water quality standards for each water body or segment

whether 

or not the use is being attained

discharge limits--any restriction on quantities, rates, and concentrations of chemical,

physical, biological or other constituents which are discharged from point sources

 discharge--the addition of any pollutant(s) to navigable waters from any point source.

dredge material–material resulting from activities such as the widening or deepening of

channels, building of canals, construction of levees

 ecology (ecological)--the study of the interrelationships of organisms and their environment

effluent--waste material discharged into the environment, including waters of tile United

States

existing use--the use that has been achieved for a waterbody on or after November 28.

1975

Federal Register--a publication of the U.S. Government that includes all proposed and filial

regulations issued by EPA. Referred to as "FR."

 fill material--earth used for embankments or as backfill

Food and Drug Administration–the U.S. Government agency that establishes limits used to

prohibit the sale of edible aquatic life when the concentrations of contaminants exceed

specified levels

habitat–the environment occupied by individuals of a particular species, population or

community

human health criteria--guidelines that specify the potential risk of adverse effects to

humans due to substances in the water

hydrology (hydrologic)--the science dealing with the proper-ties, distribution, and

circulation of water both on the surface of and under the earth

impaired waters--waters that fail to meet applicable water quality standards or to protect

designated uses (such as fishing or swimming)

Indian Tribe or Tribe--any Indian Tribe, band, group, community recognized by the

Secretary of the Interior and exercising governmental authority over a Federal Indian

Reservation

33
Indian Reservation (Reservation, Tribal Lands)--all land within the limits of any Indian

reservation under the jurisdiction of the U.S. Government, notwithstanding the issuance of

any patent, and including rights of way running through the reservation

indigenous--existing, and having originated naturally, in a particular region or environment

Issue Dispute Resolution Mechanism--the procedure contained in the Clean Water Act for

resolving conflicts between States and Indian Tribes that adopt different water quality

standards on a common body of water

mediation--a dispute resolution process in which a neutral or impartial individual attempts to

facilitate a solution to a dispute arising between two parties by encouraging communication

and negotiation

Naitional Pollutant Discharge Elimination System--the EPA program that regulates point

source discharges through the issuance of permits to discharges and enforcement of the

terms and conditions of those permits

navigable waters--the waters of the United States, including the territorial seas

non-point source pollution--pollution sources that are diffuse and do not have a single point of

origin: run-off from agriculture, forestry, and construction sites can be non-point source pollution

organic substance--carbon-containing substances in plant and animal matter; high

concentrations are often found in municipal and industrial wastewater and in surface

runoff; organic chemicals refers to a manufactured chemical used for controlling weeds

and insect pests; many are considered to be carcinogenic

Outstanding National Resource Waters--the highest quality waters of the United States;

waters of' exceptional ecological significance that are important, unique, or ecologically

sensitive.

permit--legal authority to carry out a regulated activity

point source pollution--pollution resulting from discharges into receiving waters from any

discernible, confined, and discrete conveyance, such as a pipe, ditch, or sewer

priority toxics or pollutants–those substances listed by the Administrator under Section

307(a) of the Clean Water Act

promulgate--to make known or public the terms of a proposed regulation, or to put a

regulation into action or force

Regional Administrator--the senior official in an EPA Regional Office

rulemaking--the process by which regulations or laws are enacted

34
sediment(s)--transported or deposited particles derived from rocks, soils, or biological materials

sediment criteria–narrative or numeric expressions that describe the desired condition of sediments

in particular types of waterbodies; sediment criteria address the toxicity of different sediment types

in different environmental settings

States--includes the 50 United States, District of Columbia, Guam, Commonwealth of Puerto Rico,

Virgin Islands, American Samoa, Trust Territory of the Pacific Islands, and Commonwealth of the

Northern Mariana Islands, and Indian Tribes that EPA determines qualify for treatment as States for

the purpose of water quality standards

statute (statutory)--a law (having legal force)

surface waters--bodies of water on the surface of the earth, including lakes, rivers, streams,

wetlands, etc.

toxic substance/pollutant--substances (or pollutants) that, after discharge and upon exposure, ingestion,

inhalation, or assimilation into any organism, either directly frorn the environment or indirectly by

ingestion through food chains, will, or on the basis of information available to the Administrator, cause

death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions

(including malfunctions in reproduction) or physical deformations, in such organisms or their offspring

Use Attainability Analysis--a structured scientific assessment of the factors affecting the attainment of

the use which may include physical, chemical, biological, and economic factors as described in Section

131.10(g)(40 CFR 131.3)

water quality standards--provisions of State or Federal law which consist of a designated use or uses for

the waters of the United Sates, water quality criteria for such waters based upon such uses, and an

antidegradation policy; water quality standards are intended to protect public health and welfare,

enhance the quality of water, and serve the purposes of the Clean Water Act

water quality criteria--criteria published by EPA under Section 304(a) for specific chemicals in water

intended to provide protection for aquatic life and human health in all surface waters on a national basis;

elements of water quality standards adopted by States under Section 303(c), which describe the quality of

water that will support a particular use 

waters of the United States--refer to

(1) all waters which are currently used, were used in the past, or may be susceptible to use in

interstate or foreign commerce, including all waters which are subject to the ebb and flow of the

tide; 

(2) all interstate waters, including interstate wetlands;

35
(3) all other waters such as intrastate lakes, rivers, streams (including intermittent strearns), mudflats,

sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use or

degradation of which would affect or could affect interstate or foreign commerce, including any such

waters:

(i) which are or could be used by interstate or foreign travelers for recreational

or other purposes;

(ii) front which fish or shellfish are or could be taken and sold in interstate

or foreign commerce;

(iii) which are or could be used for industrial purposes by industries in interstate

commerce;

(4) all impoundments of waters otherwise defined as waters of the United States under this

definition;

(5) tributaries of waters in paragraphs (1) through (4) of this definition;

(6) the territorial sea; and

(7) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in

paragraphs (1) through (6) of this definition. "Wetlands" are defined as those areas that are

inundated or saturated by surface or ground water at a frequency and duration sufficient to

support, and that under normal circumstances do support, a prevalence of vegetation typically

adapted for life in saturated soil conditions. Wetlands generally include marshes, swamps,

bogs, and similar areas.

Note: Waste treatment systems, including treatment ponds or lagoons designed to meet the

requirements of the Act (other than cooling ponds as defined in 40 CFR 423.11(m) which also

meet the criteria for this definition) are not waters of the United States.

watershed-the region draining into a river, river system, or other waterbody

wetland--those areas that are inundated or saturated by surface or ground water at a

frequency and duration sufficient to support, and that under normal circumstances do

support, a prevalence of' vegetation typically adapted for life in saturated soil conditions;

wetlands generally include swamps, marshes, bogs, and similar areas

36
Acenaphthene

Acenapthylene

Acrolein

Acrylonitrile

Aldrin

Antimony

Anthracene

Arsenic

Asbestos

1,2 Benzanthracene

Benzene

Benzidine

Benzo (A) Pyrene

(3,4 Benzopyrene)

3,4 Benzofluoranthene

Fluoranthene

Benzo (K)

1,12 Benzoperylene

Beryllium

Bromoform

(Tribromomethane)

Bromomethane (Methyl

Bromide)

4 Bromophenyl Phenyl

Ether

Cadmium

Carbon Tetrachloride

Tetrachloromethane

Chlordane

Chlorobenzene

(Monochlorobenzene)

Chlorodibromomethane

(Halomethane)

Chloroethane

(Monochloroethane)

Chloroethyl Ether (Bis-2)

1 Chloroethoxy Methane

(Bis-2)

2 Chloroethyl Vinyl Ether

4 Chloro-3-Methylphenol

Chloromethane (Methyl

Chloroform

(Trichloromethane)

2 Chlorophenol

Chloroisopropyl Ether

(Bis-2)

2 Chloronaphthalene

4 Chlorophenyl Phenyl

Ether

Chromium (HEX and TRI)

Chrysene

Copper

Cyanide

4,4 DDT

4,4 DDE

4,4 DDD

Dibenzo (a,h) Anthracene

1,2 Dichlorobenzene

1,3 Dichlorobenzene

1,4, Dichlorbenzene

3,3 Dichlorobenzidine

1,1 Dichloroethane

1,2 Dichloroethane

1,1 Dichloroethylene

1,2 Trans-Dichloroethylene

Dichlorobromomethane

(Halomethanes)

2,4,Dichlorophenol

1,2 Dichloropropane

1,3 Dichloropropylene

Dieldrin

2,4 Dimethylphenol

Diethylphthalate

Dimethylphthalate

2,4 Dinitrotoluene

2,6 Dinitrotoluene

2,4 Dinitrophenol

Dioxin (2,3,7,8-TCDD)

1,2 Diphenylhydrazine

Alpha Endosulfan

37

Beta Endosulfan

Endosulfan Sulfate

Endrin

Endrin Aldehyde

Ethylbenzene

Fluorene

Fluoranthene

Heptachlor

Heptachlor Epoxide

Hexachloroethane

Hexachlorobenzene

Hexachlorobutadiene

Hexachlorocyclohexane

(Lindane)

Hexachlorocyclohexane

(Alpha)

Hexachlorocyclohexane

(Beta)

Hexachlorocyclohexane

(Delta)

Hexachlorocyclopentadiene

Ideno (1,2,3-cd) Pyrene

(PAH)

Isophorone

Lead

Mercury

Naphthalene

Nickel

Nitrobenzene

2 Nitrophenol

4 Nitrophenol

4,6 Dinitro-2-Methylphenol

Nitrosodimethylamine N

Nitrosodiphenylamine-N

Nitrosodi-N-Propylamine-N

PCB 1242

PCB 1254

PCB 1221

PCB 1232

PCB 1248

PCB 1260

APPENDIX B

LIST OF SECTION 307(A) PRIORITY TOXIC POLLUTANTS
PCB 1016

Phenol

Pentachlorophenol

Phenanthrene (PAH)

Bis (3 Ethyl Hexyl)

Phthalate

Butyl Benzyl Phthalate

Di-N-Butyl Phthalate

Di-N-Octyl-Phthalate

Pyrene (PAH)

Selenium

Silver

1,1,2,2 Tetrachloroethane

Tetrachloroethylene

Thallium

Toluene

Toxaphene

L2,4 Trichlorobenzene

1,1,1 Trichloroethane

1,1,2 Trichloroethane

Trichloroethylene

2,4,6 Trichlorophenol

Vinyl Chloride

(Chloroethylene)

Zinc

38