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U.S. Code as of:
01/19/04
Section 1313. Water quality standards and implementation plans
(a) Existing water quality standards
(1) In order to carry out the purpose of this chapter, any water
quality standard applicable to interstate waters which was adopted
by any State and submitted to, and approved by, or is awaiting
approval by, the Administrator pursuant to this Act as in effect
immediately prior to October 18, 1972, shall remain in effect
unless the Administrator determined that such standard is not
consistent with the applicable requirements of this Act as in
effect immediately prior to October 18, 1972. If the Administrator
makes such a determination he shall, within three months after
October 18, 1972, notify the State and specify the changes needed
to meet such requirements. If such changes are not adopted by the
State within ninety days after the date of such notification, the
Administrator shall promulgate such changes in accordance with
subsection (b) of this section.
(2) Any State which, before October 18, 1972, has adopted,
pursuant to its own law, water quality standards applicable to
intrastate waters shall submit such standards to the Administrator
within thirty days after October 18, 1972. Each such standard shall
remain in effect, in the same manner and to the same extent as any
other water quality standard established under this chapter unless
the Administrator determines that such standard is inconsistent
with the applicable requirements of this Act as in effect
immediately prior to October 18, 1972. If the Administrator makes
such a determination he shall not later than the one hundred and
twentieth day after the date of submission of such standards,
notify the State and specify the changes needed to meet such
requirements. If such changes are not adopted by the State within
ninety days after such notification, the Administrator shall
promulgate such changes in accordance with subsection (b) of this
section.
(3)(A) Any State which prior to October 18, 1972, has not adopted
pursuant to its own laws water quality standards applicable to
intrastate waters shall, not later than one hundred and eighty days
after October 18, 1972, adopt and submit such standards to the
Administrator.
(B) If the Administrator determines that any such standards are
consistent with the applicable requirements of this Act as in
effect immediately prior to October 18, 1972, he shall approve such
standards.
(C) If the Administrator determines that any such standards are
not consistent with the applicable requirements of this Act as in
effect immediately prior to October 18, 1972, he shall, not later
than the ninetieth day after the date of submission of such
standards, notify the State and specify the changes to meet such
requirements. If such changes are not adopted by the State within
ninety days after the date of notification, the Administrator shall
promulgate such standards pursuant to subsection (b) of this
section.
(b) Proposed regulations
(1) The Administrator shall promptly prepare and publish proposed
regulations setting forth water quality standards for a State in
accordance with the applicable requirements of this Act as in
effect immediately prior to October 18, 1972, if -
(A) the State fails to submit water quality standards within
the times prescribed in subsection (a) of this section.
(B) a water quality standard submitted by such State under
subsection (a) of this section is determined by the Administrator
not to be consistent with the applicable requirements of
subsection (a) of this section.
(2) The Administrator shall promulgate any water quality standard
published in a proposed regulation not later than one hundred and
ninety days after the date he publishes any such proposed standard,
unless prior to such promulgation, such State has adopted a water
quality standard which the Administrator determines to be in
accordance with subsection (a) of this section.
(c) Review; revised standards; publication
(1) The Governor of a State or the State water pollution control
agency of such State shall from time to time (but at least once
each three year period beginning with October 18, 1972) hold public
hearings for the purpose of reviewing applicable water quality
standards and, as appropriate, modifying and adopting standards.
Results of such review shall be made available to the
Administrator.
(2)(A) Whenever the State revises or adopts a new standard, such
revised or new standard shall be submitted to the Administrator.
Such revised or new water quality standard shall consist of the
designated uses of the navigable waters involved and the water
quality criteria for such waters based upon such uses. Such
standards shall be such as to protect the public health or welfare,
enhance the quality of water and serve the purposes of this
chapter. Such standards shall be established taking into
consideration their use and value for public water supplies,
propagation of fish and wildlife, recreational purposes, and
agricultural, industrial, and other purposes, and also taking into
consideration their use and value for navigation.
(B) Whenever a State reviews water quality standards pursuant to
paragraph (1) of this subsection, or revises or adopts new
standards pursuant to this paragraph, such State shall adopt
criteria for all toxic pollutants listed pursuant to section
1317(a)(1) of this title for which criteria have been published
under section 1314(a) of this title, the discharge or presence of
which in the affected waters could reasonably be expected to
interfere with those designated uses adopted by the State, as
necessary to support such designated uses. Such criteria shall be
specific numerical criteria for such toxic pollutants. Where such
numerical criteria are not available, whenever a State reviews
water quality standards pursuant to paragraph (1), or revises or
adopts new standards pursuant to this paragraph, such State shall
adopt criteria based on biological monitoring or assessment methods
consistent with information published pursuant to section
1314(a)(8) of this title. Nothing in this section shall be
construed to limit or delay the use of effluent limitations or
other permit conditions based on or involving biological monitoring
or assessment methods or previously adopted numerical criteria.
(3) If the Administrator, within sixty days after the date of
submission of the revised or new standard, determines that such
standard meets the requirements of this chapter, such standard
shall thereafter be the water quality standard for the applicable
waters of that State. If the Administrator determines that any such
revised or new standard is not consistent with the applicable
requirements of this chapter, he shall not later than the ninetieth
day after the date of submission of such standard notify the State
and specify the changes to meet such requirements. If such changes
are not adopted by the State within ninety days after the date of
notification, the Administrator shall promulgate such standard
pursuant to paragraph (4) of this subsection.
(4) The Administrator shall promptly prepare and publish proposed
regulations setting forth a revised or new water quality standard
for the navigable waters involved -
(A) if a revised or new water quality standard submitted by
such State under paragraph (3) of this subsection for such waters
is determined by the Administrator not to be consistent with the
applicable requirements of this chapter, or
(B) in any case where the Administrator determines that a
revised or new standard is necessary to meet the requirements of
this chapter.
The Administrator shall promulgate any revised or new standard
under this paragraph not later than ninety days after he publishes
such proposed standards, unless prior to such promulgation, such
State has adopted a revised or new water quality standard which the
Administrator determines to be in accordance with this chapter.
(d) Identification of areas with insufficient controls; maximum
daily load; certain effluent limitations revision
(1)(A) Each State shall identify those waters within its
boundaries for which the effluent limitations required by section
1311(b)(1)(A) and section 1311(b)(1)(B) of this title are not
stringent enough to implement any water quality standard applicable
to such waters. The State shall establish a priority ranking for
such waters, taking into account the severity of the pollution and
the uses to be made of such waters.
(B) Each State shall identify those waters or parts thereof
within its boundaries for which controls on thermal discharges
under section 1311 of this title are not stringent enough to assure
protection and propagation of a balanced indigenous population of
shellfish, fish, and wildlife.
(C) Each State shall establish for the waters identified in
paragraph (1)(A) of this subsection, and in accordance with the
priority ranking, the total maximum daily load, for those
pollutants which the Administrator identifies under section
1314(a)(2) of this title as suitable for such calculation. Such
load shall be established at a level necessary to implement the
applicable water quality standards with seasonal variations and a
margin of safety which takes into account any lack of knowledge
concerning the relationship between effluent limitations and water
quality.
(D) Each State shall estimate for the waters identified in
paragraph (1)(B) of this subsection the total maximum daily thermal
load required to assure protection and propagation of a balanced,
indigenous population of shellfish, fish, and wildlife. Such
estimates shall take into account the normal water temperatures,
flow rates, seasonal variations, existing sources of heat input,
and the dissipative capacity of the identified waters or parts
thereof. Such estimates shall include a calculation of the maximum
heat input that can be made into each such part and shall include a
margin of safety which takes into account any lack of knowledge
concerning the development of thermal water quality criteria for
such protection and propagation in the identified waters or parts
thereof.
(2) Each State shall submit to the Administrator from time to
time, with the first such submission not later than one hundred and
eighty days after the date of publication of the first
identification of pollutants under section 1314(a)(2)(D) of this
title, for his approval the waters identified and the loads
established under paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) of
this subsection. The Administrator shall either approve or
disapprove such identification and load not later than thirty days
after the date of submission. If the Administrator approves such
identification and load, such State shall incorporate them into its
current plan under subsection (e) of this section. If the
Administrator disapproves such identification and load, he shall
not later than thirty days after the date of such disapproval
identify such waters in such State and establish such loads for
such waters as he determines necessary to implement the water
quality standards applicable to such waters and upon such
identification and establishment the State shall incorporate them
into its current plan under subsection (e) of this section.
(3) For the specific purpose of developing information, each
State shall identify all waters within its boundaries which it has
not identified under paragraph (1)(A) and (1)(B) of this subsection
and estimate for such waters the total maximum daily load with
seasonal variations and margins of safety, for those pollutants
which the Administrator identifies under section 1314(a)(2) of this
title as suitable for such calculation and for thermal discharges,
at a level that would assure protection and propagation of a
balanced indigenous population of fish, shellfish, and wildlife.
(4) Limitations on revision of certain effluent limitations. -
(A) Standard not attained. - For waters identified under
paragraph (1)(A) where the applicable water quality standard has
not yet been attained, any effluent limitation based on a total
maximum daily load or other waste load allocation established
under this section may be revised only if (i) the cumulative
effect of all such revised effluent limitations based on such
total maximum daily load or waste load allocation will assure the
attainment of such water quality standard, or (ii) the designated
use which is not being attained is removed in accordance with
regulations established under this section.
(B) Standard attained. - For waters identified under paragraph
(1)(A) where the quality of such waters equals or exceeds levels
necessary to protect the designated use for such waters or
otherwise required by applicable water quality standards, any
effluent limitation based on a total maximum daily load or other
waste load allocation established under this section, or any
water quality standard established under this section, or any
other permitting standard may be revised only if such revision is
subject to and consistent with the antidegradation policy
established under this section.
(e) Continuing planning process
(1) Each State shall have a continuing planning process approved
under paragraph (2) of this subsection which is consistent with
this chapter.
(2) Each State shall submit not later than 120 days after October
18, 1972, to the Administrator for his approval a proposed
continuing planning process which is consistent with this chapter.
Not later than thirty days after the date of submission of such a
process the Administrator shall either approve or disapprove such
process. The Administrator shall from time to time review each
State's approved planning process for the purpose of insuring that
such planning process is at all times consistent with this chapter.
The Administrator shall not approve any State permit program under
subchapter IV of this chapter for any State which does not have an
approved continuing planning process under this section.
(3) The Administrator shall approve any continuing planning
process submitted to him under this section which will result in
plans for all navigable waters within such State, which include,
but are not limited to, the following:
(A) effluent limitations and schedules of compliance at least
as stringent as those required by section 1311(b)(1), section
1311(b)(2), section 1316, and section 1317 of this title, and at
least as stringent as any requirements contained in any
applicable water quality standard in effect under authority of
this section;
(B) the incorporation of all elements of any applicable
area-wide waste management plans under section 1288 of this
title, and applicable basin plans under section 1289 of this
title;
(C) total maximum daily load for pollutants in accordance with
subsection (d) of this section;
(D) procedures for revision;
(E) adequate authority for intergovernmental cooperation;
(F) adequate implementation, including schedules of compliance,
for revised or new water quality standards, under subsection (c)
of this section;
(G) controls over the disposition of all residual waste from
any water treatment processing;
(H) an inventory and ranking, in order of priority, of needs
for construction of waste treatment works required to meet the
applicable requirements of sections 1311 and 1312 of this title.
(f) Earlier compliance
Nothing in this section shall be construed to affect any effluent
limitation, or schedule of compliance required by any State to be
implemented prior to the dates set forth in sections 1311(b)(1) and
1311(b)(2) of this title nor to preclude any State from requiring
compliance with any effluent limitation or schedule of compliance
at dates earlier than such dates.
(g) Heat standards
Water quality standards relating to heat shall be consistent with
the requirements of section 1326 of this title.
(h) Thermal water quality standards
For the purposes of this chapter the term "water quality
standards" includes thermal water quality standards.
(i) Coastal recreation water quality criteria
(1) Adoption by States
(A) Initial criteria and standards
Not later than 42 months after October 10, 2000, each State
having coastal recreation waters shall adopt and submit to the
Administrator water quality criteria and standards for the
coastal recreation waters of the State for those pathogens and
pathogen indicators for which the Administrator has published
criteria under section 1314(a) of this title.
(B) New or revised criteria and standards
Not later than 36 months after the date of publication by the
Administrator of new or revised water quality criteria under
section 1314(a)(9) of this title, each State having coastal
recreation waters shall adopt and submit to the Administrator
new or revised water quality standards for the coastal
recreation waters of the State for all pathogens and pathogen
indicators to which the new or revised water quality criteria
are applicable.
(2) Failure of States to adopt
(A) In general
If a State fails to adopt water quality criteria and
standards in accordance with paragraph (1)(A) that are as
protective of human health as the criteria for pathogens and
pathogen indicators for coastal recreation waters published by
the Administrator, the Administrator shall promptly propose
regulations for the State setting forth revised or new water
quality standards for pathogens and pathogen indicators
described in paragraph (1)(A) for coastal recreation waters of
the State.
(B) Exception
If the Administrator proposes regulations for a State
described in subparagraph (A) under subsection (c)(4)(B) of
this section, the Administrator shall publish any revised or
new standard under this subsection not later than 42 months
after October 10, 2000.
(3) Applicability
Except as expressly provided by this subsection, the
requirements and procedures of subsection (c) of this section
apply to this subsection, including the requirement in subsection
(c)(2)(A) of this section that the criteria protect public health
and welfare.
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