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))

If a use is not an existing use and cannot be attained by implementing effluent limits under 301(b) and 306 (and by implementing nonpoint source controls), the process for considering removal of the designated use is called a Use Attainability Analysis.

"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))

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