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Surface Water Quality Standards Rulemaking Status

Rulemaking Status

Surface Water Quality Standards

Revised on: Sept. 6, 2023 -  10:00 a.m.

The status of rule revisions is as follows:

A revision of rules in the Arizona Administrative Code (A.A.C.) Title 18, Chapter 11 (R18-11) Article 1 requires EPA approval to become effective. Sometimes there is a delay in implementing these rules until they are in effect. Below is a status of federal program rules currently in effect, in rulemaking, or under review by EPA.

Rules Currently in Effect

Outstanding Actions in R18-11 Article 1 for the 2019 Rulemaking Combined with the Triennial Review

Narrative standards

  • R18-11-120 Enforcement of Non-Permitted Discharges (A-D)

Numeric

  • Appendix A Table 1
    • Acrolein — A&Wc Acute, A&Wc Chronic, A&Ww Acute, A&Ww Chronic, A&Wedw Acute, A&Wedw Chronic
    • Ammonia — A&Wc Acute, A&Wc Chronic, A&Ww Acute, A&Ww Chronic, A&Wedw Acute, A&Wedw Chronic
    • Cadmium — A&Wc Acute, A&Wc Chronic, A&Ww Acute, A&Ww Chronic, A&Wedw Acute, A&Wedw Chronic, A&We Acute
  • Appendix A Table 2 — Hardness 20, 100, & 400. Calculation Formula
    • Acute Water Quality Standards for Dissolved Cadmium — A&Wc
    • Acute Water Quality Standards for Dissolved Cadmium — A&Ww & EDW
    • Acute Water Quality Standards for Dissolved Cadmium — A&We
  • Appendix A Table 3 — Hardness 20, 100, & 400. Calculation Formula
    • Chronic Water Quality Standards for Dissolved Cadmium — A&Ww, A&Wc, & EDW
  • Appendix A Table 11 — All new values based on pH and temperature
    • Acute Standards for Total Ammonia (in mg/L, as N) for Aquatic and Wildlife coldwater, Unionid Mussels Present — A&We
    • Acute Standards for Total Ammonia (in mg/L, as N) for Aquatic and Wildlife coldwater, Unionid Mussels Present — A&Ww, A&Wc, & EDW
  • Appendix A Table 12 — All new values based on pH and temperature
    • Acute Standards for Total Ammonia (in mg/L, as N) for Aquatic and Wildlife warmwater, Unionid Mussels Present — A&We
  • Appendix A Table 13 — All new values based on pH and temperature
    • Chronic Criteria for Total Ammonia (in mg/L, as N) for Aquatic and Wildlife coldwater and warmwater, Unionid Mussels Present
  • Appendix A Table 14 — All new values based on pH and temperature
    • Acute Standards for Total Ammonia (in mg/L, as N) for Aquatic and Wildlife warmwater, Unionid Mussels Absent
  • Appendix A Table 15 — All new values based on pH and temperature
    • Acute Standards for Total Ammonia (in mg/L, as N) for Aquatic and Wildlife warmwater and Effluent Dependent, Unionid Mussels Absent
  • Appendix A Table 16 — All new values based on pH and temperature
    • Chronic Standards for Total Ammonia (in mg/L, as N) for Aquatic and Wildlife warmwater and Effluent Dependent, Unionid Mussels Absent
  • Appendix A Table 17 — All new values based on pH and temperature
    • Chronic Criteria for Total Ammonia (in mg/L, as N) for Aquatic and Wildlife coldwater, Unionid Mussels Absent

Note: During review of the 2019 rulemaking, EPA signaled to ADEQ that a non-trivial number of individual pollutant parameters developed by ADEQ and listed in R18-11, Article 1, Appendix A, Table 1, for certain designated uses would be disapproved as they did not meet the requirements of the CWA. ADEQ submitted a request to formally withdraw portions of the 2019 Triennial Review on Dec. 21, 2021 | View >

Later in the EPA review of the 2019 rulemaking, it was communicated to ADEQ that some of the descriptions of waters in Appendix B were incorrect. ADEQ rescinded these revisions in letters to the EPA on Sept. 14, 2022, and June 2, 2023 | View >

2022 Federal Portion of Surface Water Protection Program Rulemaking 

In 2022, ADEQ completed rulemaking to implement a state Surface Water Protection Program (SWPP) | View > 

While much of that rulemaking was focused on the state program (R18-11 Article 2), there were some changes needed in the federal program to ensure there was no duplication between the programs. The changes were mainly limited to the removal of isolated lakes and ponds, terminal basins, and waters associated with terminal basins from R18-11 Article 1, Appendix B.  

As of Aug. 23, 2023, ADEQ has not submitted the federal program changes for EPA review. ADEQ is waiting for the EPA to finalize the 2019 Triennial Review to avoid having two rulemaking actions open with EPA at the same time. ADEQ is discussing with EPA the timing of the 2022 rulemaking submission to ensure it does not overlap with upcoming rulemakings. 

2023 CWA Triennial Review & State Rulemaking

ADEQ is combining the 2023 Triennial Review required by the CWA 40 CFR § 131.20 with a state rulemaking to address rescinded issues identified in a rulemaking associated with the 2019 Triennial Review. The draft preamble for the upcoming Notice for Public Rulemaking (NPRM) is limited to the numeric criteria that protect human health and safety in Arizona and technical edits to Appendix B to ensure waterbody descriptions are accurate. To meet the CWA Triennial Review mandate, ADEQ will also accept comments on any part of Arizona’s federal surface water program during this rulemaking. The federal surface water program is found in R18-11 Article 1 | View >

Formal documents associated with the rulemaking can be accessed on the Active Rulemaking Page | View >

 Additional Stakeholder Materials

  • Draft NPRM Preamble | View >
    • Submit informal comments by Oct. 13, 2023 | Email >
  • Aug. 23, 2023 Presentation | View >

A revision of rules in A.A.C Title 18, Chapter 11, Article 2 is related to Arizona’s SWPP and does not require EPA approval. These rules go into effect at the completion of rulemaking.


No revisions to R18-11 Article 2 are in process at this time.

The Colorado River Basin Salinity Control Forum is conducting a Triennial Review, as required by the CWA, for the water quality criteria benchmarks for salinity in the Colorado River, and requests your comments. 

The recommendation is to maintain the current standard. Currently, the Colorado River is meeting the criteria | View 2023 Triennial Review Report > 

The Forum is accepting comments through Sept. 15, 2023. Send your comments to Don Barneet, the Colorado River Basin Salinity Control Forum Executive Director | Email >