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Water Quality Standards Review and Revision
[Why
are WQS Important?] [WQS
Review and Revision] [Role
of the Public] [Designated
Uses] [Water
Quality Criteria] [Antidegradation]
[General Policies]
[Indian Tribe Participation]
[WQS Program History]
The Clean Water Act requires States and
authorized Indian Tribes to review their standards from time to
time, but at least once every three years, and revise them if
appropriate. Updates may be needed, for example, due to
changing water quality conditions or water body uses or new scientific
information on the effects of pollutants in the environment.
In preparing proposed revisions to their standards, States and
Tribes consider requests from industry, environmental groups,
and the public, and review available information (e.g., CWA §
305(b) reports, EPA guidance).
Each State and authorized Tribe has its own legal and administrative
procedures for adopting water quality standards. In general,
standards are adopted following a process in which draft revisions
are developed (this may include a work group process or informal
public meetings) and formally proposed for public comment.
A public hearing is then held to receive input from the public
regarding the proposal. The proposed water quality standards
and supporting information are made available to the public prior
to the hearing. States and Tribes are required to prepare
a summary of the public comments received and how each comment
was addressed.
Pursuant to revisions to the water quality standards regulation
promulgated in April of 2000 (the "Alaska" rule), new or
revised water quality standards become effective for purposes
of the Clean Water Act upon EPA approval.
EPA approval of a new or revised water quality standard is considered
a federal action which may be subject to the Section 7 consultation
requirements of the Endangered Species Act (ESA). Section
7 of the ESA requires federal agencies to protect endangered species
and threatened species and prohibits actions "likely to jeopardize
the continued existence of any endangered species or threatened
species or result in the destruction or adverse modification of
habitat of such species which is determined to be critical..."
Accordingly, consultation with the U.S. Fish and Wildlife Service
is an important part of EPA's water quality standards approval
process.
The Clean Water Act also authorizes EPA to promulgate superseding
Federal water quality standards in cases where new or revised
State or Tribal standards are not consistent with applicable requirements
of the Act or in situations where the EPA Administrator determines
that Federal standards are necessary to meet the requirements
of the Act. EPA promulgation of water quality standards
requires a rule making process and opportunity for public review
and comment.
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