Laws & Regulations

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

EPA-823-F-96-004; May 7, 1996

Final Water Quality Standards for Arizona

The U.S. Environmental Protection Agency (EPA) is establishing new water quality standards that are applicable to a limited number of surface waters in the State of Arizona. EPA is establishing the standards to comply with a federal court order. By taking this action, EPA designates the fish consumption beneficial use for 14 water bodies where that use is not currently applied, and provides that EPA or the State with EPA's approval shall implement an agreed upon monitoring program pertaining to the effects of mercury on wildlife.

Federal Authority

Under the federal Clean Water Act, States have the primary responsibility for developing and implementing water quality standards for surface waters within their boundaries. This legislation requires EPA to review and approve or disapprove State-adopted standards and to promulgate standards for States if they do not adopt acceptable water quality standards.

Background

In September 1993 and April 1994, EPA disapproved six aspects of the Arizona water quality standards. While the State continued to work toward the adoption of approvable water quality standards, EPA was sued by the Defenders of Wildlife to promptly propose federal replacement standards for Arizona, as required by the Clean Water Act. In November 1995, the Federal District Court ordered EPA to satisfy the requirements of the Clean Water Act and establish standards for Arizona by April 30, 1996. On January 29, 1996, EPA proposed standards for Arizona and requested comments. During the week of April 22, 1996, EPA approved the State's newly effective standards and implementation procedures for the narrative nutrient and toxic criteria that were submitted to the Agency in January 1996 and April 1996.

Today's Action

In accordance with the court order, EPA is publishing new water quality standards in the Federal Register to add new standards to the Arizona water quality standards rules adopted by Arizona in February 1992, February 1996 and April 1996. First, it adds fish consumption to 14 waterbodies which presently do not have the protections afforded by that designation. Secondly, the rule includes a requirement that EPA or the State implement the monitoring program agreed upon between State and federal agencies. The monitoring program will identify where contamination of fish by mercury may be affecting wildlife.

This action is significantly different from EPA's January proposal, as the State of Arizona adopted water quality standards that eliminated the need for most of the proposed rule. However, due to the short amount of time between the States's submittal and the Court's deadline, EPA was unable to make determinations on some items submitted by the State. Upon review, if the EPA decides to approve the remaining items, EPA will proceed to withdraw appropriate sections of the rule.

Costs and Benefits

The set of standards will have minimal economic costs and benefits because the standards are not major changes to the existing program. The standards will add protection to people eating fish caught from 14 specific perennial streams. The rule also commits EPA and the State to identify where contamination of fish by mercury may be affecting wildlife.

Additional Information

View the Federal Register notice

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