Water: Module 2
Basic Course: Key Concepts (Module 2.c)
Rebuttable Presumption on Uses: CWA 101(a)(2) Uses
- Module 1: Overview
- Module 2: Use
- The Uses of a Water Body
- Integrity of the Nation's Waters
- CWA 101(a)(2) Uses
- The Basis for State/Tribal Water Quality Goals
- The Uses Already Attained by a Water Body
- Use Subcategories
- Subcategories for Section 101(a) Goal Uses
- Section 303 Other Uses
- Other Purposes Category
- Specify Appropriate Uses
- Changing/Removing a Designated Use
- Module 3: Criteria
- Module 4: Antidegradation
- Module 5: Flexibilities
- Module 6: Review
- Certificate of Completion
The Water Quality Standards regulations effectively establish a "rebuttable presumption" that the CWA 101(a)(2) uses are attainable and therefore must be assigned to a water body, unless a State or Tribe affirmatively demonstrates, with appropriate documentation, that such uses are not attainable.
Key Point. Along with facilitating achievement of Congress' goals, the "rebuttable presumption" approach preserves the paramount role of States and Tribes in establishing water quality standards and in weighing any available evidence regarding the attainable uses of a particular water body.
Resources. EPA's Web site on the Clean Water Act.
To rebut the presumption, a State or Tribe must rely on a "use attainability analysis."
Key Point. A use attainablity 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 Sec. 131.10(g).