40 C.F.R. § 130.3

Water quality standards

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A water quality standard (WQS) defines the water quality goals of a water body, or portion thereof, by designating the use or uses to be made of the water and by setting criteria necessary to protect the uses. States and EPA adopt WQS to protect public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act (CWA). Serve the purposes of Act (as defined in sections 101(a)(2) and 303(c) of the Act) means that WQS should, wherever attainable, provide water quality for the protection and propagation of fish, shellfish and wildlife and for recreation in and on the water and take into consideration their use and value for public water supplies, propagation of fish, shellfish, wildlife, recreation in and on the water, and agricultural, industrial and other purposes including navigation.

Such standards serve the dual purposes of establishing the water quality goals for a specific water body and serving as the regulatory basis for establishment of water quality-based treatment controls and strategies beyond the technology-based level of treatment required by sections 301(b) and 306 of the Act. States shall review and revise WQS in accordance with applicable regulations and, as appropriate, update their Water Quality Management (WQM) plans to reflect such revisions. Specific WQS requirements are found in 40 CFR part 131.

Notes of Decisions

Cited in 25 cases (6 in the last 5 years), 1993–2026 · leading case: ANACOSTIA RIVERKEEPER, INC. v. Jackson

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ANACOSTIA RIVERKEEPER, INC. v. Jackson (2011) dcd · cites it 3× “” 40 C.F.R. § 130.3 ; see also Nat’l Wildlife Fed’n v.”

Dept. of Env. v. Assateague Coastal Trust (2023) md · cites it 2× “§ 1313 (c)(2)(A); 40 C.F.R. §§ 130.3 , 131.6; COMAR 5 26.08.”

Center for Native Ecosystems v. Cables (2007) ca10 · cites it 2× “§ 1313 (c)(2)(A); 40 C.F.R. § 130.3 ; id. § 131.6. Section 1323(a), upon which CNE relies in this appeal, requires federal agencies to comply with state and local water-quality requirements "in the same manner, and to the same extent as any nongovernmental entity.”

Hayes v. Whitman (2001) ca10 “§ 1313(a)-(c); 40 C.F.R. § 130.3 . Oklahoma’s water quality standards are not at issue in this case.”

Dept. of Env. v. Carroll Cnty. Frederick Cnty. v. Dept. of Env. (2019) md “§1313 (c)(2)(A); 40 CFR §§130.3 , 131.6; COMAR 26.08.02.01-.”

Center for Biological Diversity v. United States Environmental Protection Agency (2015) wawd · cites it 2× “§ 131 (a)-(c); 40 C.F.R. § 130.3 . These standards, which include designated beneficial uses, numeric and narrative criteria, and anti-degradation policies, set goals for improving or maintaining water quality.”

Department of Ecology v. Public Utility District No. 1 (1993) wash “40 C.F.R. § 130.3 (1991). The standards define an antidegradation policy for the state's waters, as required under federal regulations.”

Defenders of Wildlife v. United States Environmental Protection Agency (2005) ca10 “steps: (1) every applicable body of water in the state must be given a “designated use,” such as public water supply, fish propagation, or navigation; (2) the state must specify water quality criteria for each body of water, which sets the amounts of various pollutants that may…”

Hayes Oyster Co. v. DEQ (2021) orctapp “33 USC § 1313 (a) to (c); 40 CFR § 130.3 ; ORS 468B.048. As noted, a TMDL iden- tifies the amount of pollution, or load, a waterbody can have without exceeding the WQS.”

American Wildlands v. Browner (2001) ca10 “§ 1313 (c)(2)(A); 40 C.F.R. §§ 130.3 , 130.10(d)(4), 131.6, 131.”

American Farm Bureau Federation v. United States Environmental Protection Agency (2013) pamd “” 40 C.F.R. § 130.3 . Unlike the NPDES, which focuses on mandatory effluent limitations, water quality standards focus on maintenance of the quality of the receiving water body.”

Raymond Proffitt Foundation v. United States Environmental Protection Agency (1996) paed “40 C.F.R. §§ 130.3 , 131.2 (1995). This standard is a “critical component of the Act’s regulatory scheme” because its guides state and federal authorities as to whether to grant or deny a particular permit to discharge pollutants into a body of water.”

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