40 C.F.R. § 131.4

State authority

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(a) States (as defined in § 131.3) are responsible for reviewing, establishing, and revising water quality standards. As recognized by section 510 of the Clean Water Act, States may develop water quality standards more stringent than required by this regulation. Consistent with section 101(g) and 518(a) of the Clean Water Act, water quality standards shall not be construed to supersede or abrogate rights to quantities of water.

(b) States (as defined in § 131.3) may issue certifications pursuant to the requirements of Clean Water Act section 401. Revisions adopted by States shall be applicable for use in issuing State certifications consistent with the provisions of § 131.21(c).

(c) Where EPA determines that a Tribe is eligible to the same extent as a State for purposes of water quality standards, the Tribe likewise is eligible to the same extent as a State for purposes of certifications conducted under Clean Water Act section 401.

[56 FR 64893, Dec. 12, 1991, as amended at 59 FR 64344, Dec. 14, 1994]

Notes of Decisions

Cited in 28 cases (4 in the last 5 years), 1984–2023 · leading case: Pud No. 1 of Jefferson Cnty. v. Washington Dep't of Ecology, 511 U.S. 700 (1994).

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Pud No. 1 of Jefferson Cnty. v. Washington Dep't of Ecology, 511 U.S. 700 (1994). · cites it 2× “See also 40 CFR § 131.4 (a) (1993) ("As recognized by section 510 of the Clean Water Act[, 33 U.”

Nat'l Mining Ass'n v. Jackson, 768 F. Supp. 2d 34 (D.D.C. 2011). “40 C.F.R §§ 131.4, 131.5. The EPA may promulgate water quality standards to the exclusion of a state only if (1) it determines that a state’s proposed new or revised standard does not measure up to the Clean Water Act’s requirements and the state refuses to accept EPA-proposed…”

Pub. Util. DIST. v. State, Dept. of Ecology, 51 P.3d 744 (Wash. 2002). “260 states that [t]he department of ecology is hereby designated as the State Water Pollution Control Agency for all purposes of the federal clean water act .”

Pub. Util. Dist. No. 1 v. Dep't of Ecology, 146 Wash. 2d 778 (Wash. 2002). “§§ 1311 (b)(1)(C), 1370; 40 C.F.R. § 131.4 (a) (1993)). Pursuant to RCW 90.”

Islander East Pipeline Co., LLC v. State of Connecticut Dep't of Env't Prot., 482 F.3d 79 (2d Cir. 2006). “§ 1370 ; 40 C.F.R. § 131.4 (a) (2000) (stating that "[s]tates may develop water quality standards more stringent than required by this regulation”).”

Nat. Resources Def. Council v. United States Env't Prot. Agency, 808 F.3d 556 (2d Cir. 2015). “§ 1313 ; 40 C.F.R. §§ 131.4 ,131.10-.11; see also NRDC v.”

Snoqualmie Indian Tribe v. Fed. Energy Regulatory Comm'n, 545 F.3d 1207 (9th Cir. 2008). “§§ 1311 (b)(1)(C), 1370; see also 40 C.F.R. § 131.4 (a) (“As recognized by section 510 of the Clean Water Act [ 33 U.”

In re Morrisville Hydroelectric Proj. Water Quality (VT Nat. Resources Council, VT Council of Trout Unlimted & Agency of Nat. Resources, Appellants), 2019 VT 84 (Vt. 2019). “§ 1370 ; 40 C.F.R. § 131.4 (a))). Here, that is exactly what MWL seeks.”

Petition of Town of Sherburne, 581 A.2d 274 (Vt. 1990). “§ 1313(a); 40 C.F.R. §§ 131.4 , 131.5 (1989). In particular, states must adopt water uses consistent with the objectives of the Clean Water Act, and water quality criteria sufficient to protect those uses.”

In Re Entergy Nuclear Vermont Yankee Discharge Permit 3-1199, 2009 VT 124 (Vt. 2009). “§ 1370; 40 C.F.R. § 131.4 (a); see also In re Town of Sherburne, 154 Vt.”

Raymond Proffitt Found. v. United States Env't Prot. Agency, 930 F. Supp. 1088 (E.D. Pa. 1996). “40 C.F.R. § 131.4 (a); PUD No. 1, 511 U.S.”

Mountain Valley Pipeline, LLC v. Sierra Club, 990 F.3d 818 (4th Cir. 2021). “§ 1341 (a); see also 40 C.F.R. § 131.4 (a). And if a State grants the certification but with conditions, those conditions “shall become” conditions of the federal license.”

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