Member Pipeline - Regulatory - Alert (RA 00-9)
To:
Members & Affiliates
From:
National Office
Date:
May 1, 2000
Subject:
EPA Review and Approval of State and Tribal WQS - Final Rule
Reference:
RA 00-9
On April 27, EPA finalized a rule specifying that new and revised standards adopted by States become “applicable standards for Clean Water Act purposes” only when approved by EPA. To facilitate transition to this approach, standards in effect under State law and submitted to EPA before the effective date of the new rule may still be used for Clean Water Act purposes, whether or not approved by EPA, until replaced by Federal water quality standards or approved State standards. The final rule originates from a July 1997, U.S. District Court for the Western District of Washington ruling, which stated that the clear meaning of section 303(c)(3) of the CWA was that State water quality standards do not go into effect under the CWA until approved by EPA (Alaska Clean Water Alliance v. Clark; No. C96-1726R). As a result of the court decision, EPA on July 9, 1999 proposed a rulemaking to revise the water quality standards review process.
The final rule differs from the proposed rule in two ways. First, the July 1999 proposal allowed new and revised standards which are more stringent than the standards previously in effect to be adopted and enforced prior to EPA approval. This provision has been deleted in the final rule, and EPA is requiring that all new or revised standards be approved by EPA, regardless of stringency, before they are required to be used under the CWA. Second, the July 1999 proposal allowed State and Tribal standards in effect before the effective date of this new final rule would remain in effect until superseded by a standard approved or promulgated by EPA. The final rule limits this transition provision by requiring that such standards must have been, or be submitted to EPA prior to May 30, 2000.
On August 23, 1999 AMSA submitted comments on EPA's July 1999 proposal. AMSA's main concern with the proposal was that publically-owned treatment works (POTWs) may be forced to comply with outdated state water quality standards while EPA is in the midst of a prolonged review process of the revised standards. EPA rejected AMSA's arguments that conditional approval of revised standards be allowed after 90 days if the Agency fails to approve or disapprove the revisions, but acknowledged its problems with the timeliness of Agency's past approval/disapproval actions. If you have questions about the final rule contact: William Morrow, EPA 202/260-3657 or Mark Hoeke, AMSA 202/833-9106.
Attachment:
April 27, 2000 Federal Register Notice — EPA Review and Approval of State and Tribal WQS - Final Rule (PDF Format)
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