(a) After the State submits its officially adopted revisions, the Regional Administrator shall either:
(1) Notify the State within 60 days that the revisions are approved, or
(2) Notify the State within 90 days that the revisions are disapproved. Such notification of disapproval shall specify the changes needed to assure compliance with the requirements of the Act and this regulation, and shall explain why the State standard is not in compliance with such requirements. Any new or revised State standard must be accompanied by some type of supporting analysis.
(b) The Regional Administrator's approval or disapproval of a State water quality standard shall be based on the requirements of the Act as described in Sec. Sec. 131.5 and 131.6, and, with respect to Great Lakes States or Tribes (as defined in 40 CFR 132.2), 40 CFR part 132.
(c) How do I determine which water quality standards are applicable for purposes of the Act? You may determine which water quality standards are applicable water quality standards for purposes of the Act from the following table:----------------------------------------------------------------------------------------------------------------
If--
Then--
Unless or until--
In which case------------------------------------------------------------------------------------------------------------------(1) A State or authorized Tribe has
. . . the State or
. . . EPA has
. . . the EPA- adopted a water quality standard
Tribe's water quality
promulgated a more
promulgated water that is effective under State or
standard is the
stringent water
quality standard is Tribal law and has been submitted to
applicable water
quality standard for
the applicable water EPA before May 30, 2000 . ..
quality standard for
the State or Tribe
quality standard for
purposes of the Act .
that is in effect . ..
purposes of the Act
..
until EPA withdraws
the Federal water
quality standard.----------------------------------------------------------------------------------------------------------------(2) A State or authorized Tribe
. . . once EPA approves
. . . EPA has
. . . the EPA adopts a water quality standard that
that water quality
promulgated a more
promulgated water goes into effect under State or
standard, it becomes
stringent water
quality standard is Tribal law on or after May 30, 2000
(d) When do I use the applicable water quality standards identified in paragraph (c) above? Applicable water quality standards for purposes of the Act are the minimum standards which must be used when the CWA and regulations implementing the CWA refer to water quality standards, for example, in identifying impaired waters and calculating TMDLs under section 303(d), developing NPDES permit limitations under section 301(b)(1)(C), evaluating proposed discharges of dredged or fill material under section 404, and in issuing certifications under section 401 of the Act.
(e) For how long does an applicable water quality standard for purposes of the Act remain the applicable water quality standard for purposes of the Act? A State or authorized Tribe's applicable water quality standard for purposes of the Act remains the applicable standard until EPA approves a change, deletion, or addition to that water quality standard, or until EPA promulgates a more stringent water quality standard.
(f) How can I find out what the applicable standards are for purposes of the Act? In each Regional office, EPA maintains a docket system for the States and authorized Tribes in that Region, available to the public, identifying the applicable water quality standards for purposes of the Act.
[48 FR 51405, Nov. 8, 1983, as amended at 60 FR 15387, Mar. 23, 1995; 65 FR 24653, Apr. 27, 2000]
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