C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER D—WATER PROGRAMS › PART 131—WATER QUALITY STANDARDS › Subpart A—General Provisions

40 C.F.R. § 131.6

Minimum requirements for water quality standards submission

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The following elements must be included in each State's water quality standards submitted to EPA for review:

(a) Use designations consistent with the provisions of sections 101(a)(2) and 303(c)(2) of the Act.

(b) Methods used and analyses conducted to support water quality standards revisions.

(c) Water quality criteria sufficient to protect the designated uses.

(d) An antidegradation policy consistent with § 131.12.

(e) Certification by the State Attorney General or other appropriate legal authority within the State that the water quality standards were duly adopted pursuant to State law.

(f) General information which will aid the Agency in determining the adequacy of the scientific basis of the standards which do not include the uses specified in section 101(a)(2) of the Act as well as information on general policies applicable to State standards which may affect their application and implementation.

(g) Where applicable, information that will aid the Agency in evaluating whether the submission is consistent with § 131.9, including:

(1) Any information provided by right holders about relevant Tribal reserved rights and documentation of how that information was considered; and

(2) Data and methods used to develop the water quality standards.

[48 FR 51405, Nov. 8, 1983, as amended at 89 FR 35747, May 2, 2024]
Notes of Decisions
Cited in 40 cases (4 in the last 5 years), 1990–2024 · leading case: Kentucky Waterways Alliance v. Johnson
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Kentucky Waterways Alliance v. Johnson (2008) ca6 · cites it 6× “" 40 C.F.R. § 131.6 (d). These federal regulations further require the State to provide "[c]ertification by the State Attorney General or other appropriate legal authority within the State that the [submitted] water quality standards were duly adopted pursuant to State law.”
Raymond Proffitt Foundation v. United States Environmental Protection Agency (1996) paed · cites it 6× “See 40 C.F.R. § 131.6 . There are three principal elements.”
Northwest Environmental Advocates v. U.S. Environmental Protection Agency (2003) ord · cites it 5× “Application of the Implementation Policy to the APA The CWA mandates EPA to confirm that state submissions are consistent with applicable CWA requirements. 33 U.S.C. § 1313 (c)(3). States must include an anti-degradation policy as an essential component of the statewide water…”
Iowa Farm Bureau Federation, Iowa Renewable Fuels Association, and Iowa Water Environment Association (2014) iowa · cites it 3× “” 40 C.F.R. § 131.6 (d). For an antidegradation policy to be consistent with federal criteria, it must, at a minimum, maintain and protect certain existing uses of waterways.”
El Dorado Chemical Co. v. United States Environmental Protection Agency (2014) ca8 · cites it 4× “40 C.F.R. § 131.6 . States must review their water quality standards at least every three years.”
City of Arcadia v. State Water Resources Control Board (2006) calctapp “( 40 C.F.R. §§ 131.6 , 131.10-131.12 (2003).”
Summit Hydropower Partnership v. Commissioner of Environmental Protection (1993) conn “See 40 C.F.R. § 131.6 . On November 21,1990, after the record had been closed, Polymer Corporation, an owner of a portion of the water rights at the Cargill Falls Dam, intervened in the administrative proceedings.”
ANACOSTIA RIVERKEEPER, INC. v. Jackson (2011) dcd “40 C.F.R. § 131.6 (a)-(f). The “designated uses of the navigable waters involved and the water quality criteria for such waters” are the heart of these water quality standards.”
Northwest Environmental Advocates v. United States Environmental Protection Agency (2012) ord · cites it 2× “40 C.F.R. § 131.6 . The states are required to set these standards for all waters within their boundaries “regardless of the sources of the pollution entering the waters.”
American Farm Bureau Federation v. United States Environmental Protection Agency (2013) pamd “40 C.F.R. § 131.6 . “Designated use” refers to “the use and value of water for public water supplies, protection and propagation of fish, shellfish and wildlife, recreation in and on the water, agricultural, industrial, and other purposes including navigation.”
City of Dover, New Hampshire v. United States Environmental Protection Agency (2013) dcd · cites it 2× “”); see also 40 C.F.R. § 131.6 (e) (requiring State to include in a water quality standard submitted for EPA review a “[c]ertification by the State Attorney General or other appropriate legal authority within the State that the water quality standards were duly adopted pursuant…”
Thomas v. Jackson (2009) ca8 “§ 1313 (c)(2)(A); 40 C.F.R. §§ 131.6 , 131.10-12. Section 303(d) of the CWA requires that each state, after establishing its water quality standards, compile a list of waters, a “§ 303(d) list,” that do not meet those standards.”
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— 40 C.F.R. § 131.6(e) — 1 case
Natural Resources Defense Council v. United States Environmental Protection Agency (1992) vaed
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