x>EPA
United States
Environmental Protection
Agency
Office of Water EPA - 823-F-99-012
4305T
June 1999
EPA Review and Approval of State and Tribal Water
Quality Standards: Proposed Rule
Summary
The U.S. EPA is proposing to change the
regulation that specifies when new and revised
state and tribal water quality standards become
effective for Clean Water Act purposes. Under
the proposal, such new and revised standards, if
adopted after the effective date of the final rule,
will not be used for Clean Water Act purposes
until approved by EPA, unless such new and
revised standards are more stringent than the
standards previously in effect. The proposal also
provides that standards already in effect at the
effective date of the new rule may be used for
Clean Water Act purposes, whether or not
approved by EPA. The timing of this rulemaking
is designed to comply with a settlement
agreement requiring EPA to propose such
revisions by July 1, 1999 and to promulgate a
final rule by April 1, 2000.
Background
EPA's water quality standards (WQS) regulation
at 40 CFR Part 131.21 currently provides that
State and Tribal WQS are 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 remain in effect, even if
EPA disapproves them, until the State or Tribe
revises them or EPA promulgates 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,
notwithstanding § 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 have 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 this proposal.
Today's proposed rule is issued in accordance
with this settlement agreement.
Today's Action
EPA's proposed rule, once finalized, will:
1) Delete 131.21(c) and replace it with new
language which explains that standards
adopted 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;
2) Add language, consistent with CWA
provision, that allows State standards that are
equal to, or more stringent than, the existing
applicable standard to become effective upon
State adoption and prior to EPA approval;
and,
3) Replace EPA's existing annual Federal
Register notice of WQS approval actions
with establishment of a CWA WQS docket.
Any WQS which went into effect under the
old rule would remain in effect for CWA
purposes, whether or not approved by EPA.
EPA's proposed 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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