40 CFR 131.10 - Designation of uses
| Cite as | 40 CFR 131.10 |
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115 practice notes
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Water programs: Clean Water Act Water quality planning and management; National Pollutant Discharge Elimination System program and Federal antidegradation policy,
...be maintained and protected. In addition, the State or Tribe should ensure that all existing uses are designated in accordance with 40 CFR 131.10(i). 2. What Were the Recommendations of the TMDL Federal Advisory The Federal Advisory Committee on the Total Maximum Daily Load Program recommen......
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Pud No. 1 of Jefferson County v. Washington Dep't of Ecology, 921911
...diversions is also embodied in the EPA regulations, which expressly require existing dams to be operated to attain designated uses. 40 CFR § 131.10(g)(4). Petitioners assert that two other provisions of the Clean Water Act, §§ 101(g) and 510(2), 33 U.S.C. §§ 1251(g) and 1370(2), exclude the......
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Natural Res. Def. Council v. U.S. Envtl. Prot. Agency, Docket Nos. 13–1745(L), 13–2393(CON), 13–2757(CON).
...are set by states for waters within their boundaries and are then reviewed for approval by EPA. See33 U.S.C. § 1313; 40 C.F.R. §§ 131.4, 131.10–.11; see also NRDC v. EPA, 279 F.3d 1180, 1183 (9th Cir.2002) (“Under the CWA, each state sets its own water quality standards, subject to review a......
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City of Arcadia v. State Board, No. D043877.
...and wildlife; water quality criteria sufficient to protect the designated uses, and an anti-degradation policy. (40 C.F.R. §§ 131.6, 131.10-131.12 (2003).) The water quality criteria "can be expressed in narrative form or in a numeric form, e.g., specific pollutant concentrations." (Florida......
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61 cases
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City of Arcadia v. State Board, No. D043877.
...and wildlife; water quality criteria sufficient to protect the designated uses, and an anti-degradation policy. (40 C.F.R. §§ 131.6, 131.10-131.12 (2003).) The water quality criteria "can be expressed in narrative form or in a numeric form, e.g., specific pollutant concentrations." (Florida......
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Cal. Ass'n of Sanitation Agencies v. State Water Res. Control Bd., No. A127207.
...existing uses are not, in fact, existing uses (as defined in 40 CFR 131.3(e)), nor has the Regional Board demonstrated (as required by 40 CFR 131.10(g) for the removal of designated uses that are not existing uses) that any of the uses that were so designated as potential uses are not attai......
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Cal. Ass'n of Sanitation Agencies v. State Water Res. Control Bd., No. A127207.
...existing uses are not, in fact, existing uses (as defined in 40 CFR 131.3(e)), nor has the Regional Board demonstrated (as required by 40 CFR 131.10(g) for the removal of designated uses that are not existing uses) that any of the uses that were so designated as potential uses are not attai......
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Missouri Soybean v. Missouri Clean Water, No. SC 84336.
...wildlife habitat, protection of fish, and recreational, cultural, historical and aesthetic values. See 33 U.S.C. sec.1313(c)(2)(A); 40 C.F.R. sec.131.10(a); 10 C.S.R. 8. Criteria are "expressed as constituent concentrations, levels, or narrative statements, representing a quality of water t......
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3 firm's commentaries
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EPA Directs States and Tribes to Tackle 6 Water Quality Priorities
...that states update their standards to be consistent with the new Water Quality Standards (WQS) rule issued in 2015, found at 40 CFR Part 131. Recent updates to the criteria include the 2012 recreational water quality criteria, the 2013 ammonia criteria, and the 2015 human health criteria. T......
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Washington State Department of Ecology Releases First-Ever Water Quality Standards Variances for PCBs
...individual discharger variances must demonstrate the need for a variance using one of the six factors listed in EPA’s regulations at 40 C.F.R. § 131.10(g). Ecology proposed using factor 3 and, therefore, the Spokane River dischargers must show that human-caused sources of PCB pollution prev......
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Variances Under the Clean Water Act/New Developments in the Use of an Old Tool: Jordan Wimpy (Mitchell Williams) Arkansas Environmental Federation Convention Presentation
...derived from the applicable designated use and criteria during the term of the variance due to at least one of the factors listed in 40 C.F.R. 131.10(g). The Presentation listed key elements of WQS Applicability and Limitations WQS Variances may be adopted for a permittee(s) or water body/w......
10 books & journal articles
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Permits and state permit programs
...diversions is also embodied in the EPA regulations, which expressly require existing dams to be operated to attain designated uses. 40 C.F.R. § 131.10(g) (4). 450 Water Pollution Control, 2d Edition * * * Justice THOMAS, with whom Justice SCALIA joins, dissenting. * * * he terms of § 401(a)......
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The TMDL Program to Come: Aftershock and Prelude
...on antidegradation (lowering existing water quality within a given use), 40 C.F.R. §131.12, and downgrading (lowering the use), 40 C.F.R. §131.10. Both restrictions contain escape hatches, however, where maintaining existing water quality and use would have significant economic and social i......
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On judicial review under the Clean Water Act in the wake of Decker v. Northwest Environmental Defense Center: what we now know and what we have yet to find out.
...discharger rather than permanently downgrading an entire water body or waterbody segment(s)" if at least one of the factors listed in 40 C.F.R. 131.10(g) is satisfied. Id. EPA has recently proposed changes to the federal WQSs, including changes to the rules governing variances. See generall......
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The Political Consequences of Legal Victories: Ballast Regulation and the Clean Water Act
...§1312(a). 88. 33 U.S.C. §1313. 89. 33 U.S.C. §1313; 40 C.F.R. §131.5 (2009). 90. 33 U.S.C. §1370; 40 C.F.R. §131.4. 91. 40 C.F.R. §§131.2, 131.10. 92. E.g., numerical or narrative criteria for the maximum amounts or concentrations of various pollutants that can be sustained in a water body ......
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