Laws / Regulations

United States Environmental Protection Agency	Office of Water 4305	823-F-00-009 June 2000

Proposed Rule for Kansas Water Quality Standards

Summary

The Environmental Protection Agency (EPA) is proposing water quality standards for the State of Kansas. If promulgated as final standards, they would supersede aspects of Kansas's water quality standards that EPA disapproved in 1998. EPA is taking this action because certain provisions of Kansas's water quality standards are inconsistent with the Clean Water Act (CWA) and EPA's implementing regulations.

Background

Under the Clean Water Act, States and Tribes have the primary responsibility for developing and implementing water quality standards. The CWA requires that States and Tribes review their standards at least once every three years and 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 promptly propose substitute federal standards and to promulgate final federal standards 90 days thereafter.

In October 1994, Kansas submitted water quality standards to EPA for review and approval. In a February 1998, EPA approved most of the State's new or revised standards, and disapproved certain provisions which were inconsistent with the Clean Water Act and EPA's implementing regulations.

In June 1999, Kansas completed a triennial review of its water quality standards. As part of that review, Kansas adopted revised water quality standards. Kansas submitted these revised standards for EPA review and approval in August 1999. In its submission, Kansas changed several provisions previously disapproved by EPA in February 1998. On January 19, 2000, EPA approved most of these new or revised portions of the States' water quality standards. EPA's approval of these new or revised standards eliminated the need for a Federal promulgation to correct many of the previously disapproved provisions. Today's proposal addresses the remaining standards disapproved by EPA in its 1998 action by proposing replacement water quality standards for the State of Kansas.

Today's Action

Kansas remedied several of the water quality related issues that EPA disapproved in 1998. However, Kansas did not fix all of the disapproved items so EPA is proposing to promulgate federal standards. These standards would provide:

• that all discharges to stream segments for which continuous flow is sustained primarily through the discharge of treated effluent shall protect the States' designated uses;
• that scientifically defensible design flows approved by EPA shall be used to implement the State's chronic and acute aquatic life criteria;
• that water quality standards in Kansas apply to all privately owned surface waters in Kansas that are waters of the U.S.;
• an aquatic life use for one stream segment and a primary contact recreation use for 1,292 stream segments and 164 lakes;
• implementation procedures for use when applying the States' antidegradation policy to determine whether to allow a lowering of surface water quality by point sources of pollution where nonpoint sources also contribute the pollutant of concern to that body of water; and,
• numeric human health criteria for alpha- and beta-endosulfan.

Costs and Benefits

This proposed rule would have no direct impact on any entity because the proposed rule, once finalized, will simply establish water quality standards (e.g., ambient water quality criteria) which by themselves do not impose any costs. These standards, however, may serve as a basis for development of NPDES permit limits. In Kansas, the State is the NPDES permitting authority and retains considerable discretion in implementing standards. Thus, until the State implements these water quality standards, there will be no effect on any entity. Nonetheless, EPA prepared a preliminary analysis to evaluate potential costs to NPDES dischargers in Kansas associated with future State implementation of EPA's Federal standards. The total estimated, annualized, statewide costs of the proposed rule are approximately $2,000,000. The bulk of the costs are attributable to the need for dischargers to install disinfection to meet the State's bacteria criteria for the primary contact recreation use being proposed for 1,456 waters. The proposed rule will help ensure that discharges to streams and lakes in Kansas will meet the State's bacteria criteria for recreation in and on the water. The proposed rule will also help to ensure that aquatic life are adequately protected and safe to consume.

Additional Information

For more information, please call Ann Jacobs at 913-551-7930 U.S. Environmental Protection Agency, Region 7, Water Resources Protection Branch, 901 North 5^th Street, Kansas City, Kansas, 66101.

The Federal Register notice gives complete information on how to obtain additional information and how to review the complete administrative record for this proposed rule.