all waters that exist in the State. They may not specifically designate any pzirticular 

 type of water body, as, for instance, Tennessee's Water Quality Control Act: 



. . . fl/ry and all water, public or private, on or beneath the surface of the 

 ground, which [is] contained within, flowfsj through, or borderfs] upon 

 Tennessee or any portion thereof. ..." 



Or they may specify some types of surface waters and then genericalfy include all 

 others with a clause such as "and all other water bodies" or "without limitation", as does 

 Massachusetts: 



AU waters within the jurisdiction of the Commonwealth, iru±uiing, without 

 limitation, rivers, streams, lakes, ponds, sjmngs, impoundments, estuaries, and 

 coastal waters and ffoundwaters.^^ 



In these States, as in the States with "marshes" in the enabling legislation's 

 definition of waters, regulators should clarify that wetlands are part of the surface 

 waters of the State subject to the States' water quality standards by including that term, 

 and any others they deem appropriate, in a definition of surface waters in their water 

 quality standards and in their 401 certification implementing regulations. 



Both Kentud^ and Ohio, for instance, which have the term "marshes," but not 

 the term "wetlands" in their enabling legislation, have included the term "wetlands" in 

 their stirface water quality standards' definition of waters." Massachusetts, which does 

 not have the term "wetlands" or "marshes" in its enabling legislation, has put the term 

 "Svetlands" into its water quality standards also.*^ Additionally, Ohio's 401 certification 

 implementing regulations include the term "wetlands" in the definition of waters covered 

 by those regulations and specificaify address activities affecting the integrity of 

 wetlands." 



B. General Requirements of EPA's Water Quality Standards Regulations.^* 



When the States review their water quality standards for applicability to projects 

 affecting wetlands, it is important to have in miiid the basic concepts and requirements 

 of water quality standards generally. Congress has given the States broad authority to 

 adopt water quality standards, directing only that the States designate water uses that 

 protea the public health and welfare and that take into account use of State waters for 

 drinking water, the propagation of fish and wfldlife, recreation, and agricultural, 

 industrial and other purposes. 



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