WAC 173-201A-440
Use attainability analysis. (1)
Removal of a designated use for a water body assigned in this
chapter must be based on a use attainability analysis (UAA).
A UAA is a structured scientific assessment of the factors
affecting the attainment of the use which may include
physical, chemical, biological, and economic factors. A use
can only be removed through a UAA if it is not existing or
attainable.
(2) A UAA proposing to remove a designated use on a water
body must be submitted to the department in writing and
include sufficient information to demonstrate that the use is
neither existing nor attainable.
(3) A UAA must be consistent with the federal regulations
on designating and protecting uses (currently 40 CFR 131.10).
(4) Subcategories of use protection that reflect the
lower physical potential of the water body for protecting
designated uses must be based upon federal regulations
(currently 40 CFR 131.10(c)).
(5) Allowing for seasonal uses where doing so would not
harm existing or designated uses occurring in that or another
season must be based upon federal regulations (currently 40
CFR 131.10(f)).
(6) After receiving a proposed UAA, the department will
respond within sixty days of receipt with a decision on
whether to proceed toward rule making.
(7) The decision to approve a UAA is subject to a public
involvement and intergovernmental coordination process,
including tribal consultation.
(8) The department will maintain a list of federally
recognized tribes in the state of Washington. During all
stages of development and review of UAA proposals, the
department will provide notice and consult with
representatives of the interested affected Indian tribes on a
government-to-government basis, and carefully consider their
recommendations.
(9) The results of a UAA are not in effect until they
have been incorporated into this chapter and approved by the
USEPA.
[Statutory Authority: Chapters 90.48 and 90.54 RCW. 03-14-129 (Order 02-14), § 173-201A-440, filed 7/1/03,
effective 8/1/03.]