(a) State review. The State shall from time to time, but at least once every 3 years, hold public hearings for the purpose of reviewing applicable water quality standards adopted pursuant to §§ 131.9 through 131.15 and Federally promulgated water quality standards and, as appropriate, modifying and adopting standards. This review shall include evaluating whether there is any new information available about Tribal reserved rights applicable to State waters that needs to be considered to establish water quality standards consistent with § 131.9. The State shall also re-examine any waterbody segment with water quality standards that do not include the uses specified in section 101(a)(2) of the Act every 3 years to determine if any new information has become available. If such new information indicates that the uses specified in section 101(a)(2) of the Act are attainable, the State shall revise its standards accordingly. Procedures States establish for identifying and reviewing water bodies for review should be incorporated into their Continuing Planning Process. In addition, if a State does not adopt new or revised criteria for parameters for which EPA has published new or updated CWA section 304(a) criteria recommendations, then the State shall provide an explanation when it submits the results of its triennial review to the Regional Administrator consistent with CWA section 303(c)(1) and the requirements of paragraph (c) of this section.
(b) Public participation. The State shall hold one or more public hearings for the purpose of reviewing water quality standards as well as when revising water quality standards, in accordance with provisions of State law and EPA's public participation regulation (40 CFR part 25). The proposed water quality standards revision and supporting analyses shall be made available to the public prior to the hearing.
(c) Submittal to EPA. The State shall submit the results of the review, any supporting analysis for the use attainability analysis, the methodologies used for site-specific criteria development, any general policies applicable to water quality standards and any revisions of the standards to the Regional Administrator for review and approval, within 30 days of the final State action to adopt and certify the revised standard, or if no revisions are made as a result of the review, within 30 days of the completion of the review.
[48 FR 51405, Nov. 8, 1983, as amended at 80 FR 51049, Aug. 21, 2015; 89 FR 35748, May 2, 2024]
Notes of Decisions
Nat'l Wildlife Fed'n v. Browner, 127 F.3d 1126 (D.C. Cir. 1997).
· cites it 6× “and any revisions of the standards to the Regional Administrator for review and approval, within 30 days of the final State action to adopt and certify the revised standard, or if no revisions are made as a result of the review, within 30 days of the completion of the review.”
City of Dover, New Hampshire v. United States Env't Prot. Agency, 956 F. Supp. 2d 272 (D.D.C. 2013).
“7 (d)(2), and public participation requirements for States and the EPA in the water quality standards revision process, see 40 C.F.R. §§ 131.20 -.22. The Cities nonetheless argue that EPA has violated a nondiscretionary duty by declining to encourage public participation as to…”
Miccosukee Tribe of Indians v. United States, 105 F.3d 599 (11th Cir. 1997).
· cites it 4× “The Tribe alleged that the Administrator failed to require Florida to comply with the CWA procedures for review and revision of water quality standards, prescribed in 40 C.F.R. § 131.20 et seq., and that the EFA violated the CWA’s antidegradation requirements, 33 U.”
Pine Creek Valley Watershed Assoc. v. United States Env't Prot. Agency, 137 F. Supp. 3d 767 (E.D. Pa. 2015).
· cites it 3× “” 40 C.F.R. § 131.20 (c). At first blush, this provision would seem to suggest that a revised or new- water quality standard is not a totally-packaged water quality standard in altered form, but merely a revision to a water quality standard (in whatever form that may take).”
City of Albuquerque v. Browner, 865 F. Supp. 733 (D.N.M. 1993).
“§ 1313 (c)(2); 40 C.F.R. § 131.20 (c) (1992). EPA reviews the State’s water quality standards to ensure they are consistent with the Act’s requirements.”
Nw. Sportfishing Indus. Ass'n v. Dep't of Ecology, 288 P.3d 677 (Wash. Ct. App. 2012).
“§ 1313 (c)(1); 40 C.F.R. § 131.20 (a). When TDG is high, water becomes supersaturated with gas and gas bubbles can form in the blood and tissues of aquatic organisms.”
— 40 C.F.R. § 131.20(c) — 1 case
Pine Creek Valley Watershed Assoc. v. United States Env't Prot. Agency, 137 F. Supp. 3d 767 (E.D. Pa. 2015).
“” 40 C.F.R. § 131.20 (c). At first blush, this provision would seem to suggest that a revised or new- water quality standard is not a totally-packaged water quality standard in altered form, but merely a revision to a water quality standard (in whatever form that may take).”
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