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Environmental Protection Agency § 131.38

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Environmental Protection Agency § 131.38 Environmental Protection Agency § 131.2 (5) Where the Regional Administrator 131.21 EPA review and approval of water determines that a tribe meets the re- quality standards. quirements of this section, he or she 131.22 EPA promulgation of water quality shall promptly provide written notifi- standards. cation to the tribe that the tribe is au- Subpart D—Federally Promulgated Water thorized to administer the CWA Sec- Quality Standards tion 303(d) Impaired Water Listing and TMDL Program. Such tribe shall be 131.31 Arizona. considered a ‘‘State’’ for purposes of 131.32 [Reserved] CWA section 303(d) and its imple- 131.33 Idaho. 131.34 Kansas. menting regulations. With respect to 131.35 Colville Confederated Tribes Indian the timing requirement for submittal Reservation. of an authorized tribe’s first list of im- 131.36 Toxics criteria for those states not paired waters pursuant to § 130.7(d)(1), complying with Clean Water Act section the tribe’s first list is due on the next 303(c)(2)(B). listing cycle due date that is at least 24 131.37 California. months from the later of either: 131.38 Establishment of numeric criteria for priority toxic pollutants for the State of (i) The date EPA approves the tribe’s California. TAS application pursuant to this sec- 131.40 Puerto Rico. tion; or 131.41 Bacteriological criteria for those (ii) The date EPA-approved or EPA- states not complying with Clean Water promulgated water quality standards Act section 303(i)(1)(A). become effective for the tribe’s res- 131.42 Antidegradation implementation ervation waters. methods for the Commonwealth of Puer- to Rico. [81 FR 65915, Sept. 26, 2016] 131.43 Maine. 131.44 Florida. 131.45 Revision of certain Federal water PART 131—WATER QUALITY quality criteria applicable to Wash- STANDARDS ington. 131.46 Aquatic life criterion for cadmium in Subpart A—General Provisions Oregon. AUTHORITY: 33 U.S.C. 1251 et seq. Sec. 131.1 Scope. SOURCE: 48 FR 51405, Nov. 8, 1983, unless 131.2 Purpose. otherwise noted. 131.3 Definitions. 131.4 State authority. Subpart A—General Provisions 131.5 EPA authority. 131.6 Minimum requirements for water § 131.1 Scope. quality standards submission. 131.7 Dispute resolution mechanism. This part describes the requirements 131.8 Requirements for Indian Tribes to ad- and procedures for developing, review- minister a water quality standards pro- ing, revising, and approving water gram. quality standards by the States as au- thorized by section 303(c) of the Clean Subpart B—Establishment of Water Quality Water Act. Additional specific proce- Standards dures for developing, reviewing, revis- 131.10 Designation of uses. ing, and approving water quality stand- 131.11 Criteria. ards for Great Lakes States or Great 131.12 Antidegradation policy and imple- Lakes Tribes (as defined in 40 CFR mentation methods. 132.2) to conform to section 118 of the 131.13 General policies. Clean Water Act and 40 CFR part 132, 131.14 Water quality standards variances. are provided in 40 CFR part 132. 131.15 Authorizing the use of schedules of compliance for water quality-based efflu- [60 FR 15386, Mar. 23, 1995] ent limits in NPDES permits. § 131.2 Purpose. Subpart C—Procedures for Review and A water quality standard defines the Revision of Water Quality Standards water quality goals of a water body, or 131.20 State review and revision of water portion thereof, by designating the use quality standards. or uses to be made of the water and by 517 VerDate Sep<11>2014 12:43 Apr 08, 2021 Jkt 250174 PO 00000 Frm 00527 Fmt 8010 Sfmt 8010 Y:\SGML\250174.XXX 250174 spaschal on DSKJM0X7X2PROD with CFR § 131.3 40 CFR Ch. I (7–1–20 Edition) setting criteria that protect the des- they are included in the water quality ignated uses. States adopt water qual- standards. ity standards to protect public health (f) Designated uses are those uses or welfare, enhance the quality of specified in water quality standards for water and serve the purposes of the each water body or segment whether or Clean Water Act (the Act). ‘‘Serve the not they are being attained. purposes of the Act’’ (as defined in sec- (g) Use attainability analysis is a tions 101(a)(2) and 303(c) of the Act) structured scientific assessment of the means that water quality standards factors affecting the attainment of the should, wherever attainable, provide use which may include physical, chem- water quality for the protection and ical, biological, and economic factors propagation of fish, shellfish and wild- as described in § 131.10(g). life and for recreation in and on the (h) Water quality limited segment water and take into consideration their means any segment where it is known use and value of public water supplies, that water quality does not meet appli- propagation of fish, shellfish, and wild- life, recreation in and on the water, cable water quality standards, and/or is and agricultural, industrial, and other not expected to meet applicable water purposes including navigation. quality standards, even after the appli- cation of the technology-based effluent Such standards serve the dual purposes limitations required by sections 301(b) of establishing the water quality goals and 306 of the Act. for a specific water body and serve as the regulatory basis for the establish- (i) Water quality standards are provi- ment of water-quality-based treatment sions of State or Federal law which controls and strategies beyond the consist of a designated use or uses for technology-based levels of treatment the waters of the United States and required by sections 301(b) and 306 of water quality criteria for such waters the Act. based upon such uses. Water quality standards are to protect the public [48 FR 51405, Nov. 8, 1983, as amended at 80 health or welfare, enhance the quality FR 51046, Aug. 21, 2015] of water and serve the purposes of the § 131.3 Definitions. Act. (a) The Act means the Clean Water (j) States include: The 50 States, the Act (Pub. L. 92–500, as amended (33 District of Columbia, Guam, the Com- U.S.C. 1251 et seq.)). monwealth of Puerto Rico, Virgin Is- (b) Criteria are elements of State lands, American Samoa, the Common- water quality standards, expressed as wealth of the Northern Mariana Is- constituent concentrations, levels, or lands, and Indian Tribes that EPA de- narrative statements, representing a termines to be eligible for purposes of quality of water that supports a par- the water quality standards program. ticular use. When criteria are met, (k) Federal Indian Reservation, Indian water quality will generally protect Reservation, or Reservation means all the designated use. land within the limits of any Indian (c) Section 304(a) criteria are developed reservation under the jurisdiction of by EPA under authority of section the United States Government, not- 304(a) of the Act based on the latest withstanding the issuance of any pat- scientific information on the relation- ent, and including rights-of-way run- ship that the effect of a constituent ning through the reservation.’’ concentration has on particular aquat- (l) Indian Tribe or Tribe means any In- ic species and/or human health. This dian Tribe, band, group, or community information is issued periodically to recognized by the Secretary of the In- the States as guidance for use in devel- terior and exercising governmental au- oping criteria. thority over a Federal Indian reserva- (d) Toxic pollutants are those pollut- tion. ants listed by the Administrator under (m) Highest attainable use is the modi- section 307(a) of the Act. fied aquatic life, wildlife, or recreation (e) Existing uses are those uses actu- use that is both closest to the uses ally attained in the water body on or specified in section 101(a)(2) of the Act after November 28, 1975, whether or not and attainable, based on the evaluation 518 VerDate Sep<11>2014 12:43 Apr 08, 2021 Jkt 250174 PO 00000 Frm 00528 Fmt 8010 Sfmt 8010 Y:\SGML\250174.XXX 250174 spaschal on DSKJM0X7X2PROD with CFR Environmental Protection Agency § 131.5 of the factor(s) in § 131.10(g) that pre- poses of certifications conducted under clude(s) attainment of the use and any Clean Water Act section 401. other information or analyses that [56 FR 64893, Dec. 12, 1991, as amended at 59 were used to evaluate attainability. FR 64344, Dec. 14, 1994] There is no required highest attainable use where the State demonstrates the § 131.5 EPA authority. relevant use specified in section (a) Under section 303(c) of the Act, 101(a)(2) of the Act and sub-categories EPA is to review and to approve or dis- of such a use are not attainable. approve State-adopted water quality (n) Practicable, in the context of standards. The review involves a deter- § 131.12(a)(2)(ii), means technologically mination of: possible, able to be put into practice, (1) Whether the State has adopted and economically viable. designated water uses that are con- (o) A water quality standards variance sistent with the requirements of the (WQS variance) is a time-limited des- Clean Water Act; ignated use and criterion for a specific (2) Whether the State has adopted pollutant(s) or water quality param- criteria that protect the designated eter(s) that reflect the highest attain- water uses based on sound scientific ra- able condition during the term of the tionale consistent with § 131.11; WQS variance. (3) Whether the State has adopted an (p) Pollutant Minimization Program, in antidegradation policy that is con- the context of § 131.14, is a structured sistent with § 131.12, and whether any set of activities to improve processes State adopted antidegradation imple- and pollutant controls that will pre- mentation methods are consistent with vent and reduce pollutant loadings.
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