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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