x>EPA
United States
Environmental Protection
Agency
Office of Water EPA - 823-F-00-006
4305T
April 2000
Policy & Guidance: EPA Review and Approval of State
and Tribal Water Quality Standards
Summary
The U.S. EPA revised its regulation that
specifies when new and revised State and Tribal
water quality standards become effective for
Clean Water Act purposes. Under EPA's
regulation, such new and revised standards, if
submitted to EPA after the effective date of the
final rule, will not be used for Clean Water Act
purposes until approved by EPA. The final rule
also provides that standards already in effect and
submitted to EPA by the effective date of the
new rule may be used for Clean Water Act
purposes, whether or not approved by EPA. EPA
will however review and approve these
standards, as appropriate, soon. The timing of
this final rule is designed to comply with a
settlement agreement requiring EPA to
promulgate a final rule by March 30, 2000.
Background
EPA's water quality standards (WQS) regulation
at 40 CFR Part 131.21 previously provided that
State and Tribal WQS were in effect once
adopted by the State or Tribe. EPA has 60 days
to approve or 90 days to disapprove such WQS.
State and Tribal WQS remained in effect, even if
EPA disapproved them, until the State or Tribe
revised them or EPA promulgated a Federal rule
to supersede the State or Tribal WQS.
In 1996, a coalition of environmental groups
sued EPA, alleging that EPA was violating the
CWA by applying new and revised standards
adopted by Alaska before EPA had approved the
standards (Alaska Clean Water Alliance v.
Clark, No. C96-1762R (W.D. Wash.)). On July
8, 1997, the United States District Court for the
District of Washington (the Court) issued an
opinion in this case holding that, notwith-
standing 131.21(c) of EPA's regulation, the plain
meaning of CWA section 303(c)(3) was that
new or revised State water quality standards did
not become effective for CWA purposes until
approved by EPA. The parties to the lawsuit
entered into a settlement agreement under which
EPA agreed to propose revisions to 40 CFR
131.21(c) consistent with the Court's opinion no
later than July 1, 1999. EPA also agreed to take
final action within nine months of the proposal.
EPA proposed modifications to 40 CFR 131.21
on July 9, 1999 (64 FR 37072) and solicited
public comment. EPA's final rule is issued in
accordance with this settlement agreement.
Today's Action
EPA's final rule:
1. Deletes 131.21(c) and replaces it with new
language which explains that standards
submitted to EPA after the effective date of
the rule do not become the "applicable" WQS
for CWA purposes until approved by EPA,
and that "applicable" standards remain the
CWA standards until EPA approves State or
Tribal revisions or promulgates replacement
WQS; and,
2. Replaces EPA's existing annual Federal
Register notice of WQS approval actions with
establishment of a CWA WQS docket
containing copies of all effective State and
Tribal water quality standards. Any WQS
which went into effect under the old rule and
was submitted to EPA prior to the effective
date of today's rule will remain in effect for
CWA purposes, whether or not approved by
EPA, until replaced by Federal water quality
standards or approved State or Tribal
standards.
EPA's final rule only addresses a single
administrative aspect of the WQS approval
process (i.e., the timing of the "effectiveness" of
State WQS under the CWA). There are no
revisions to existing submission requirements
and no revisions to EPA's standards for review.
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