§ 1313. — Water quality standards and implementation plans.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1313]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III--STANDARDS AND ENFORCEMENT
Sec. 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.
(June 30, 1948, ch. 758, title III, Sec. 303, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 846; amended Pub. L. 100-4, title III,
Sec. 308(d), title IV, Sec. 404(b), Feb. 4, 1987, 101 Stat. 39, 68; Pub.
L. 106-284, Sec. 2, Oct. 10, 2000, 114 Stat. 870.)
References in Text
This Act, referred to in subsecs. (a)(1), (2), (3)(B), (C) and
(b)(1), means act June 30, 1948, ch. 758, 62 Stat. 1155, prior to the
supersedure and reenactment of act June 30, 1948 by act Oct. 18, 1972,
Pub. L. 92-500, 86 Stat. 816. Act June 30, 1948, ch. 758, as added by
act Oct. 18, 1972, Pub. L. 92-500, 86 Stat. 816, enacted this chapter.
Amendments
2000--Subsec. (i). Pub. L. 106-284 added subsec. (i).
1987--Subsec. (c)(2). Pub. L. 100-4, Sec. 308(d), designated
existing provision as subpar. (A) and added subpar. (B).
Subsec. (d)(4). Pub. L. 100-4, Sec. 404(b), added par. (4).
Section Referred to in Other Sections
This section is referred to in sections 1252, 1284, 1285, 1288,
1311, 1313a, 1314, 1319, 1326, 1329, 1341, 1342, 1362, 1375, 1377, 1383,
1384 of this title; title 16 section 1455b; title 42 section 9621.
