MEMORANDUM TO RECORD

SUBJECT:	Meeting with Robert Weaver on Proposed Revisions to the Water
Quality Standards Regulation.

DATE:	Wednesday, August 11, 2010

TIME:	11:30 AM – 12:00 PM

		

Participants:

EPA HQ:  Shari Barash, Manjali Vlcan, Christina Christensen, Heidi Karp,
Jim Curtin

Robert Weaver, Kelly & Weaver

Summary of discussion points from Bob Weaver:

General:

Supports moving forward with the proposed rule.

Antidegradation:

Suggests EPA survey state antidegradation implementation procedures
prior to proposal.

Administrator’s determination:

Suggests EPA require, in regulation, that the Administrator
explain/justify the reason behind a determination.

Uses:

Suggests EPA should state the reason/authority behind the rebuttable
presumption concept.

Suggests EPA should state the authority behind highest attainable use
concept.

Suggests EPA clarify that that uses/criteria are based on magnitude,
duration, frequency, and that uses may have a temporal and/or spatial
component.

Variances:

Suggests EPA survey states on how variances have been applied and how
states/tribes include variance in their regulations.

Triennial reviews:

Favors proposal that states and tribes periodically consider whether
criteria are still protective of designated uses.

Reflect court decisions:

Supports discussion of compliance schedules in regulatory revision.

Does not think consent decrees should be used.

Indicated that long-term compliance schedules are needed.

Recommends 303(e)(3)(f) be recognized as a source of authority in this
rulemaking.

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