Pt. 131 40 CFR Ch. I (7–1–19 Edition) tribe’s prior application, no further no- 131.12 Antidegradation policy and imple- tice to governmental entities, as de- mentation methods. scribed in paragraph (c)(2) of this sec- 131.13 General policies. 131.14 Water quality standards variances. tion, shall be provided with regard to 131.15 Authorizing the use of schedules of the same tribe’s application for the compliance for water quality-based efflu- CWA Section 303(d) Impaired Water ent limits in NPDES permits. Listing and TMDL Program, unless the application presents to the EPA Re- Subpart C—Procedures for Review and gional Administrator different jurisdic- Revision of Water Quality Standards tional issues or significant new factual 131.20 State review and revision of water or legal information relevant to juris- quality standards. diction. 131.21 EPA review and approval of water (5) Where the Regional Administrator quality standards. determines that a tribe meets the re- 131.22 EPA promulgation of water quality quirements of this section, he or she standards. shall promptly provide written notifi- 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 131.31 Arizona. TMDL Program. Such tribe shall be 131.32 [Reserved] considered a ‘‘State’’ for purposes of 131.33 Idaho. CWA section 303(d) and its imple- 131.34 Kansas. menting regulations. With respect to 131.35 Colville Confederated Tribes Indian the timing requirement for submittal Reservation. 131.36 Toxics criteria for those states not of an authorized tribe’s first list of im- complying with Clean Water Act section paired waters pursuant to § 130.7(d)(1), 303(c)(2)(B). the tribe’s first list is due on the next 131.37 California. listing cycle due date that is at least 24 131.38 Establishment of numeric criteria for months from the later of either: 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 states not complying with Clean Water (ii) The date EPA-approved or EPA- Act section 303(i)(1)(A). promulgated water quality standards 131.42 Antidegradation implementation become effective for the tribe’s res- methods for the Commonwealth of Puer- ervation waters. to Rico. 131.43 Maine. [81 FR 65915, Sept. 26, 2016] 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 Oregon. Subpart A—General Provisions 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 524 VerDate Sep<11>2014 13:51 Sep 30, 2019 Jkt 247174 PO 00000 Frm 00534 Fmt 8010 Sfmt 8010 Y:\SGML\247174.XXX 247174 jspears on DSK3GMQ082PROD with CFR Environmental Protection Agency § 131.3 Lakes Tribes (as defined in 40 CFR ship that the effect of a constituent 132.2) to conform to section 118 of the concentration has on particular aquat- Clean Water Act and 40 CFR part 132, ic species and/or human health. This are provided in 40 CFR part 132. information is issued periodically to the States as guidance for use in devel- [60 FR 15386, Mar. 23, 1995] oping criteria. § 131.2 Purpose. (d) Toxic pollutants are those pollut- ants listed by the Administrator under A water quality standard defines the section 307(a) of the Act. water quality goals of a water body, or (e) Existing uses are those uses actu- portion thereof, by designating the use ally attained in the water body on or or uses to be made of the water and by after November 28, 1975, whether or not 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- cable water quality standards, and/or is life, recreation in and on the water, not expected to meet applicable water and agricultural, industrial, and other quality standards, even after the appli- purposes including navigation. 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 (i) Water quality standards are provi- the regulatory basis for the establish- sions of State or Federal law which ment of water-quality-based treatment consist of a designated use or uses for controls and strategies beyond the the waters of the United States and technology-based levels of treatment water quality criteria for such waters required by sections 301(b) and 306 of based upon such uses. Water quality the Act. 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 Act. § 131.3 Definitions. (j) States include: The 50 States, the (a) The Act means the Clean Water District of Columbia, Guam, the Com- Act (Pub. L. 92–500, as amended (33 monwealth of Puerto Rico, Virgin Is- U.S.C. 1251 et seq.)). lands, American Samoa, the Common- (b) Criteria are elements of State wealth of the Northern Mariana Is- water quality standards, expressed as lands, and Indian Tribes that EPA de- constituent concentrations, levels, or termines to be eligible for purposes of narrative statements, representing a the water quality standards program. quality of water that supports a par- (k) Federal Indian Reservation, Indian ticular use. When criteria are met, Reservation, or Reservation means all water quality will generally protect land within the limits of any Indian the designated use. reservation under the jurisdiction of (c) Section 304(a) criteria are developed the United States Government, not- by EPA under authority of section withstanding the issuance of any pat- 304(a) of the Act based on the latest ent, and including rights-of-way run- scientific information on the relation- ning through the reservation.’’ 525 VerDate Sep<11>2014 13:51 Sep 30, 2019 Jkt 247174 PO 00000 Frm 00535 Fmt 8010 Sfmt 8010 Y:\SGML\247174.XXX 247174 jspears on DSK3GMQ082PROD with CFR § 131.4 40 CFR Ch. I (7–1–19 Edition) (l) Indian Tribe or Tribe means any In- quirements of Clean Water Act section dian Tribe, band, group, or community 401. Revisions adopted by States shall recognized by the Secretary of the In- be applicable for use in issuing State terior and exercising governmental au- certifications consistent with the pro- thority over a Federal Indian reserva- visions of § 131.21(c). tion. (c) Where EPA determines that a (m) Highest attainable use is the modi- Tribe is eligible to the same extent as fied aquatic life, wildlife, or recreation a State for purposes of water quality use that is both closest to the uses standards, the Tribe likewise is eligible specified in section 101(a)(2) of the Act to the same extent as a State for pur- and attainable, based on the evaluation poses of certifications conducted under of the factor(s) in § 131.10(g) that pre- Clean Water Act section 401. clude(s) attainment of the use and any 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.