Laws / Regulations

United States Environmental Protection Agency	Office of Water 4305	EPA-823-F-98-008 March 1998

Federal Promulgation of Water Quality Standards for Alabama - Proposal

Abstract

The U.S. Environmental Protection Agency is proposing to establish water quality standards applicable to surface waters in Alabama. When finalized, these federally promulgated standards will supersede portions of Alabama's water quality standards that EPA disapproved in 1986 and 1991. EPA is taking this action because Alabama's water quality standards are inconsistent with the Clean Water Act and EPA's implementing regulations. The timing of this rulemaking is designed to comply with a consent decree directing EPA to propose standards by February 28, 1998. In addition to a 60 day comment period, EPA will be holding a public hearing in Montgomery, Alabama, on April 22, 1998.

Federal Authority

Under the Clean Water Act (CWA), states and Indian tribes have the primary responsibility for developing and implementing water quality standards. The CWA requires that the states and tribes review their standards at least once every three years and to submit the results to EPA for its review. EPA is required to either approve or disapprove such standards, depending on whether they meet the requirements of the Act. Where EPA disapproves a standard, and the state or tribe does not revise the standard to meet EPA's objection, the Act requires the Agency to propose substitute federal standards.

Background

This action is the result of a lawsuit filed by the Legal Environmental Assistance Foundation against EPA for failure to propose Water Quality Standards, as required by Section 303(c) of the CWA, for 17 stream segments in Alabama which EPA disapproved in 1986 and 1991. Under the terms of a consent decree with the Foundation, EPA is to propose federal use designations in the Federal Register, or withdraw the EPA disapproval of the existing Alabama water quality standards by February 28, 1998. Nine stream segments are included in this action.

EPA's Action

In accordance with the consent decree, EPA is proposing new water quality standards for certain aspects of Alabama's water quality standards that EPA disapproved in 1986 and 1991. EPA is taking this action because Alabama's water quality standards are inconsistent with the Clean Water Act and EPA's implementing regulations. EPA's proposal utilizes the existing designated use contained in Alabama's water quality standards which is equivalent to the fishable/swimmable uses established in the Clean Water Act, the Alabama Fish and Wildlife Use designation. EPA's proposal contains the Fish and Wildlife Use designation for nine stream segments in Alabama. In addition to a 60 day comment period, EPA will be holding a public hearing in Montgomery, Alabama on April 22, 1998.

EPA is relying on the rebuttable presumption that the fishable/swimmable uses established as goals in the Clean Water Act serve as the minimum level of protection afforded the waters of the United States by Congress. During the 60 day comment period, EPA will seek information from the public on the appropriateness of those designated beneficial uses and will revise them as needed for the final rule. Additionally, EPA continues to work with Alabama in establishing appropriate designated uses for these and other waters of the state.

Costs and Benefits

EPA's proposed rule does not itself establish any requirements directly applicable to regulated entities. The designated uses of the proposed rule are not enforceable requirements until separate steps are taken to implement them. Until actions are taken to implement these designated uses, and the associated state criteria, there will be no economic effect on any dischargers.

EPA has attempted to assess, to the best of its ability, compliance costs for facilities that could eventually be indirectly affected by the designated uses, and the associated state water quality criteria, of the proposed rule. EPA searched readily available data sources in. search of information necessary to accurately estimate these potential costs. Although the costs are not expected to be significant, EPA has developed a methodology to estimate the potential indirect cost impacts on facilities discharging pollutants to waters subject to the designated uses established by this proposal.

EPA is soliciting public comment and supporting data on the facilities and waters it intends to evaluate, and on the methodology it will use to estimate costs associated with implementation of the proposed rule. EPA will review the comments and data provided by the public as well as the information and data it gathers during the public comment period, and will estimate the potential costs to facilities as an indirect result of attaining numeric water quality criteria and uses proposed in this rule. EPA will include this information as part of the final rulemaking.

Additional Information

For additional information concerning this rule, contact Mr. Fritz Wagener, Water Quality Standards Coordinator, U.S. EPA Region 4, Water Management Division, Atlanta Federal Center, 61 Forsyth Street S.W., Atlanta, Georgia, 30303-3104 (telephone: 404-562-9267).

You may view the Federal Register notice that decribes this proposed rulemaking on the Internet at: http://www.epa.gov/fedrgstr/EPA-WATER/1998/March/Day-05/w5722.htm. The notice gives complete information on how to obtain additional information, how to review the complete administrative record for this proposed rulemaking, and how to solicit public comment.