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Water Quality Standards Handbook Updates
The U.S. Environmental Protection Agency’s (EPA) Water Quality Standards (WQS) Handbook provides a “one-stop resource to facilitate nationally consistent interpretation of the WQS regulations under the Clean Water Act, located at Title 40, Part 131 of the Code of Federal Regulations.” On December 12, 2024, EPA issued draft updates to Chapters 2 and 4 of the WQS Handbook on Designated Uses and Antidegradation, respectively. EPA also published a new draft chapter on WQS Variances. Some variation of these draft revisions will likely be finalized in 2025.
Under the Clean Water Act, and 40 C.F.R. § 131.3(i), WQS are defined as “provisions of State or Federal law which consist of a designated use or uses for the waters of the United States and water quality criteria for such waters based upon such uses.” WQS also include a third component, the antidegradation policy, which provides a framework for maintaining and protecting water quality that already has been attained. 40 C.F.R. § 131.14 includes variance provisions, wherein states, territories, and authorized Tribes may make incremental improvements to water quality despite not being able to attain a designated use for a period of time.
With respect to Chapter 2 on Designated Uses, EPA’s revisions include the following: (1) clarification on how to articulate the intended designated uses of waterbodies; (2) outline of procedures for assigning new designated uses, modifying existing uses, or removing designated uses that are not attainable to waterbodies; (3) procedures for protection of downstream uses through applicable criteria; and (4) recommendations on how to reassess designated uses to reflect current conditions and data through Use Attainability Analyses.
The draft revisions in Chapter 4, pertaining to Antidegradation Requirements, attempt to provide clarification and guidance on: (1) utilizing the various tiers of antidegradation protection; (2) developing antidegradation policy; and (3) considerations for implementing an antidegradation implementation method. EPA also has added a new draft chapter relating to the process for seeking a WQS Variance under 40 C.F.R. 131.14, which is a “tool that provides time to states, territories, and authorized Tribes to incrementally improve water quality when and where the designated use and associated criterion are shown to be unattainable for a period of time.” This is different from a Use Attainability Analysis, which is used to show that a designated use ultimately cannot be attained. A Variance nonetheless ensures that the protections provided by all other criteria related to the underlying designated use are maintained and the underlying goal remains in place.
The comment period for these draft revisions closes on March 12, 2025. EPA is holding three separate informational webinars on the following dates: February 4, 2025 (noon - 2:00 pm ET) for the general public; February 4, 2025 (2:30 - 4:30pm ET) for States and U.S. territories only; and February 6, 2025, (noon – 2:00 pm ET) for Tribes only.
