Member Pipeline - Regulatory - Alert (RA 99-11)
To:
Members & Affiliates
From:
National Office
Date:
July 12, 1999
Subject:
EPA Review and Approval of State and Tribal Water Quality Standards - Proposed Rule
Reference:
RA 99-11
As a result of a recent court decision, EPA is taking steps to address the current backlog in current water quality standards reviews and recently proposed a rulemaking to the water quality standards review process to avoid future litigation. EPA has proposed to change the regulation that specifies when new and revised State and Tribal water quality standards become effective for Clean Water Act purposes. Under the proposal, new and revised standards adopted after the effective date of the final rule will not be used for Clean Water Act purposes until approved by EPA, unless such new and revised standards are more stringent than the standards previously in effect. The proposal also provides that standards already in effect at the effective date of the new rule may be used for Clean Water Act purposes, whether or not approved by EPA, unless EPA subsequently disapproves them and replaces them with Federal water quality standards.
EPA's water quality standards regulation at 40 CFR Part 131 currently provides that state and tribal water quality standards are in effect until EPA promulgates a federal rule to supersede the state or tribal water quality standard. EPA's regulation is based on its longstanding interpretation of section 303(c) of the Clean Water Act. In July 1997, the U.S. District Court for the Western District of Washington issued an opnion which held 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). The CWA provides EPA with 60 days to approve, and 90 days to disapprove water quality standards submitted by states and tribes. If a state or tribe does not rectify a standard within 90 days after EPA's disapproval, the CWA requires EPA to “promptly” propose new water quality standards. EPA has not always been able to meet these deadlines, and is working on eliminating delays and reducing any backlogs.
AMSA plans to submit comment on the proposal. If you would like to contribute comments, please submit them no later than August 16, 1999 to the AMSA National Office, c/o Mark Hoeke via e-mail to mhoeke@amsa-cleanwater.org.
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