Removing Designated Uses

Restrictions on Removal of Uses

“States may not remove designated uses if: 1) they are existing uses, as defined in Section 131.3 [of the regulations], unless a use requiring more stringent criteria is added; or 2) such uses will be attained by implementing effluent limits required under sections 301(b) and 306 of the Act and by implementing cost-effective and reasonable best management practices for nonpoint control.”

(40 CFR 131.10(h))

Use Attainability Analysis

A Use Attainability Analysis is needed before a designated use can be removed and replaced with a less protective use.

“Use attainability analysis is a structured scientific assessment of the factors affecting the attainment of the use which may include physical, chemical, biological, and economic factors as described in 131.10g.”

(40CFR131.3(g))

“A State must conduct a use attainability analysis as described in §131.3(g) whenever:

(1) The State designates or has designated uses that do not include the uses specified in section 101(a)(2) of the Act [aquatic life, wildlife and recreation], or

(2) The State wishes to remove a designated use that is specified in section 101(a)(2) of the Act or to adopt subcategories of uses specified in section 101(a)(2) of the Act which require less stringent criteria.”

(40CFR131.10(j))

See also Restrictions on Removing Uses

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