§1313 Water Quality Standards and Implementation Plans

Summary

States must set and keep water quality rules for their rivers, lakes, and coastal waters and send them to the EPA Administrator for approval. Rules a State had before October 18, 1972 stay in effect unless the Administrator says they do not meet the law. If the Administrator finds problems, he must tell the State within three months after October 18, 1972 and say what changes are needed. The State then has 90 days to adopt the changes or the Administrator will make them. States that had rules for inside-the-state waters before October 18, 1972 must send them in within 30 days after that date. States that had no rules must adopt and submit rules within 180 days after October 18, 1972. The Administrator must approve or require changes within the time limits shown (for example, 120 days, 90 days, 60 days, or 190 days for various steps). States must review their standards at least once every three years, hold public hearings, include the uses for each water body (like drinking, fish, recreation), add numeric criteria for listed toxic pollutants when available, and send any new or revised standards to the Administrator for approval. States must also find waters where current pollution limits are not strict enough and rank them by priority. For those waters they must set total maximum daily loads (TMDLs) for pollutants the Administrator says are suitable, and estimate thermal loads for heat problems, including safety margins and seasonal changes. States submit these to the Administrator (first submission due within 180 days after the first federal list of pollutants is published); the Administrator has 30 days to approve or disapprove and will set the loads if he disapproves. Effluent limits tied to TMDLs can only be changed if the changes will still meet water quality goals or if a protected use is lawfully removed; if water quality already meets standards, any change must follow the law’s antidegradation policy. Each State must also have a continuing planning process approved by the Administrator (submitted within 120 days after October 18, 1972; Administrator acts within 30 days) that includes required limits, TMDLs, plans, schedules, and cooperation among governments. States may require earlier cleanup dates if they choose. Heat rules must follow section 1326, and “water quality standards” include thermal (water temperature) standards. States with coastal recreation waters had to adopt and send pathogen criteria to the Administrator not later than 42 months after October 10, 2000, and must adopt any new or revised criteria within 36 months after the Administrator publishes them; if a State fails to act, the Administrator will propose federal standards.