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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:24.0.1.1.21.1.16.1 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | A | Subpart A—General Provisions | § 131.1 Scope. | EPA | [60 FR 15386, Mar. 23, 1995] | This part describes the requirements and procedures for developing, reviewing, revising, and approving water quality standards by the States as authorized by section 303(c) of the Clean Water Act. Additional specific procedures for developing, reviewing, revising, and approving water quality standards for Great Lakes States or Great Lakes Tribes (as defined in 40 CFR 132.2) to conform to section 118 of the Clean Water Act and 40 CFR part 132, are provided in 40 CFR part 132. | |||
| 40:40:24.0.1.1.21.1.16.2 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | A | Subpart A—General Provisions | § 131.2 Purpose. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 80 FR 51046, Aug. 21, 2015] | A water quality standard defines the water quality goals of a water body, or portion thereof, by designating the use or uses to be made of the water and by setting criteria that protect the designated uses. States adopt water quality standards to protect public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act (the Act). “Serve the purposes of the Act” (as defined in sections 101(a)(2) and 303(c) of the Act) means that water quality standards should, wherever attainable, provide water quality for the protection and propagation of fish, shellfish and wildlife and for recreation in and on the water and take into consideration their use and value of public water supplies, propagation of fish, shellfish, and wildlife, recreation in and on the water, and agricultural, industrial, and other purposes including navigation. Such standards serve the dual purposes of establishing the water quality goals for a specific water body and serve as the regulatory basis for the establishment of water-quality-based treatment controls and strategies beyond the technology-based levels of treatment required by sections 301(b) and 306 of the Act. | |||
| 40:40:24.0.1.1.21.1.16.3 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | A | Subpart A—General Provisions | § 131.3 Definitions. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 56 FR 64893, Dec. 12, 1991; 59 FR 64344, Dec. 14, 1994; 80 FR 51046, Aug. 21, 2015; 89 FR 35747, May 2, 2024] | (a) The Act means the Clean Water Act (Pub. L. 92-500, as amended (33 U.S.C. 1251 et seq. )). (b) Criteria are elements of State water quality standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports a particular use. When criteria are met, water quality will generally protect the designated use. (c) Section 304(a) criteria are developed by EPA under authority of section 304(a) of the Act based on the latest scientific information on the relationship that the effect of a constituent concentration has on particular aquatic species and/or human health. This information is issued periodically to the States as guidance for use in developing criteria. (d) Toxic pollutants are those pollutants listed by the Administrator under section 307(a) of the Act. (e) Existing uses are those uses actually attained in the water body on or after November 28, 1975, whether or not they are included in the water quality standards. (f) Designated uses are those uses specified in water quality standards for each water body or segment whether or not they are being attained. (g) Use attainability analysis is a structured scientific assessment of the factors affecting the attainment of the use which may include physical, chemical, biological, and economic factors as described in § 131.10(g). (h) Water quality limited segment means any segment where it is known that water quality does not meet applicable water quality standards, and/or is not expected to meet applicable water quality standards, even after the application of the technology-based effluent limitations required by sections 301(b) and 306 of the Act. (i) Water quality standards are provisions of State or Federal law which consist of a designated use or uses for the waters of the United States and water quality criteria for such waters based upon such uses. Water quality standards are to protect the public health or welfare, enhance the quality of water and serve the purposes of t… | |||
| 40:40:24.0.1.1.21.1.16.4 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | A | Subpart A—General Provisions | § 131.4 State authority. | EPA | [56 FR 64893, Dec. 12, 1991, as amended at 59 FR 64344, Dec. 14, 1994] | (a) States (as defined in § 131.3) are responsible for reviewing, establishing, and revising water quality standards. As recognized by section 510 of the Clean Water Act, States may develop water quality standards more stringent than required by this regulation. Consistent with section 101(g) and 518(a) of the Clean Water Act, water quality standards shall not be construed to supersede or abrogate rights to quantities of water. (b) States (as defined in § 131.3) may issue certifications pursuant to the requirements of Clean Water Act section 401. Revisions adopted by States shall be applicable for use in issuing State certifications consistent with the provisions of § 131.21(c). (c) Where EPA determines that a Tribe is eligible to the same extent as a State for purposes of water quality standards, the Tribe likewise is eligible to the same extent as a State for purposes of certifications conducted under Clean Water Act section 401. | |||
| 40:40:24.0.1.1.21.1.16.5 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | A | Subpart A—General Provisions | § 131.5 EPA authority. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 56 FR 64894, Dec. 12, 1991; 60 FR 15387, Mar. 23, 1995; 80 FR 51047, Aug. 21, 2015; 89 FR 35747, May 2, 2024] | (a) Under section 303(c) of the Act, EPA is to review and to approve or disapprove State-adopted water quality standards. The review involves a determination of: (1) Whether the State has adopted designated water uses that are consistent with the requirements of the Clean Water Act; (2) Whether the State has adopted criteria that protect the designated water uses based on sound scientific rationale consistent with § 131.11; (3) Whether the State has adopted an antidegradation policy that is consistent with § 131.12, and whether any State adopted antidegradation implementation methods are consistent with § 131.12; (4) Whether any State adopted WQS variance is consistent with § 131.14; (5) Whether any State adopted provision authorizing the use of schedules of compliance for water quality-based effluent limits in NPDES permits is consistent with § 131.15; (6) Whether the State has followed applicable legal procedures for revising or adopting standards; (7) Whether the State standards which do not include the uses specified in section 101(a)(2) of the Act are based upon appropriate technical and scientific data and analyses, and (8) Whether the State submission meets the requirements included in § 131.6 of this part and, for Great Lakes States or Great Lakes Tribes (as defined in 40 CFR 132.2) to conform to section 118 of the Act, the requirements of 40 CFR part 132. (9) Where applicable, whether State adopted water quality standards are consistent with § 131.9. (b) If EPA determines that the State's or Tribe's water quality standards are consistent with the factors listed in paragraphs (a)(1) through (9) of this section, EPA approves the standards. EPA must disapprove the State's or Tribe's water quality standards and promulgate Federal standards under section 303(c)(4), and for Great Lakes States or Great Lakes Tribes under section 118(c)(2)(C) of the Act, if State or Tribal adopted standards are not consistent with the factors listed in paragraphs (a)(1) through (9) of this section. EPA may also promulg… | |||
| 40:40:24.0.1.1.21.1.16.6 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | A | Subpart A—General Provisions | § 131.6 Minimum requirements for water quality standards submission. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 89 FR 35747, May 2, 2024] | The following elements must be included in each State's water quality standards submitted to EPA for review: (a) Use designations consistent with the provisions of sections 101(a)(2) and 303(c)(2) of the Act. (b) Methods used and analyses conducted to support water quality standards revisions. (c) Water quality criteria sufficient to protect the designated uses. (d) An antidegradation policy consistent with § 131.12. (e) Certification by the State Attorney General or other appropriate legal authority within the State that the water quality standards were duly adopted pursuant to State law. (f) General information which will aid the Agency in determining the adequacy of the scientific basis of the standards which do not include the uses specified in section 101(a)(2) of the Act as well as information on general policies applicable to State standards which may affect their application and implementation. (g) Where applicable, information that will aid the Agency in evaluating whether the submission is consistent with § 131.9, including: (1) Any information provided by right holders about relevant Tribal reserved rights and documentation of how that information was considered; and (2) Data and methods used to develop the water quality standards. | |||
| 40:40:24.0.1.1.21.1.16.7 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | A | Subpart A—General Provisions | § 131.7 Dispute resolution mechanism. | EPA | [56 FR 64894, Dec. 12, 1991, as amended at 59 FR 64344, Dec. 14, 1994] | (a) Where disputes between States and Indian Tribes arise as a result of differing water quality standards on common bodies of water, the lead EPA Regional Administrator, as determined based upon OMB circular A-105, shall be responsible for acting in accordance with the provisions of this section. (b) The Regional Administrator shall attempt to resolve such disputes where: (1) The difference in water quality standards results in unreasonable consequences; (2) The dispute is between a State (as defined in § 131.3(j) but exclusive of all Indian Tribes) and a Tribe which EPA has determined is eligible to the same extent as a State for purposes of water quality standards; (3) A reasonable effort to resolve the dispute without EPA involvement has been made; (4) The requested relief is consistent with the provisions of the Clean Water Act and other relevant law; (5) The differing State and Tribal water quality standards have been adopted pursuant to State and Tribal law and approved by EPA; and (6) A valid written request has been submitted by either the Tribe or the State. (c) Either a State or a Tribe may request EPA to resolve any dispute which satisfies the criteria of paragraph (b) of this section. Written requests for EPA involvement should be submitted to the lead Regional Administrator and must include: (1) A concise statement of the unreasonable consequences that are alleged to have arisen because of differing water quality standards; (2) A concise description of the actions which have been taken to resolve the dispute without EPA involvement; (3) A concise indication of the water quality standards provision which has resulted in the alleged unreasonable consequences; (4) Factual data to support the alleged unreasonable consequences; and (5) A statement of the relief sought from the alleged unreasonable consequences. (d) Where, in the Regional Administrator's judgment, EPA involvement is appropriate based on the factors of paragraph (b) of this section, the Regional Administrator shall, within 30… | |||
| 40:40:24.0.1.1.21.1.16.8 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | A | Subpart A—General Provisions | § 131.8 Requirements for Indian Tribes to administer a water quality standards program. | EPA | [56 FR 64895, Dec. 12, 1991, as amended at 59 FR 64344, Dec. 14, 1994] | (a) The Regional Administrator, as determined based on OMB Circular A-105, may accept and approve a tribal application for purposes of administering a water quality standards program if the Tribe meets the following criteria: (1) The Indian Tribe is recognized by the Secretary of the Interior and meets the definitions in § 131.3 (k) and (l), (2) The Indian Tribe has a governing body carrying out substantial governmental duties and powers, (3) The water quality standards program to be administered by the Indian Tribe pertains to the management and protection of water resources which are within the borders of the Indian reservation and held by the Indian Tribe, within the borders of the Indian reservation and held by the United States in trust for Indians, within the borders of the Indian reservation and held by a member of the Indian Tribe if such property interest is subject to a trust restriction on alienation, or otherwise within the borders of the Indian reservation, and (4) The Indian Tribe is reasonably expected to be capable, in the Regional Administrator's judgment, of carrying out the functions of an effective water quality standards program in a manner consistent with the terms and purposes of the Act and applicable regulations. (b) Requests by Indian Tribes for administration of a water quality standards program should be submitted to the lead EPA Regional Administrator. The application shall include the following information: (1) A statement that the Tribe is recognized by the Secretary of the Interior. (2) A descriptive statement demonstrating that the Tribal governing body is currently carrying out substantial governmental duties and powers over a defined area. The statement should: (i) Describe the form of the Tribal government; (ii) Describe the types of governmental functions currently performed by the Tribal governing body such as, but not limited to, the exercise of police powers affecting (or relating to) the health, safety, and welfare of the affected population, taxation, and the exe… | |||
| 40:40:24.0.1.1.21.2.16.1 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | B | Subpart B—Establishment of Water Quality Standards | § 131.9 Protection of Tribal reserved rights. | EPA | [89 FR 35747, May 2, 2024] | (a) Where a right holder has asserted a Tribal reserved right in writing to the State and EPA for consideration in establishment of water quality standards, to the extent supported by available data and information, the State must: (1) Take into consideration the use and value of their waters for protecting the Tribal reserved right in adopting or revising designated uses pursuant to § 131.10; (2) Take into consideration the anticipated future exercise of the Tribal reserved right unsuppressed by water quality in establishing relevant water quality standards; and (3) Establish water quality criteria, consistent with § 131.11, to protect the Tribal reserved right where the State has adopted designated uses that either expressly incorporate protection of or encompass the right. This requirement includes developing criteria to protect right holders using at least the same risk level (e.g., cancer risk level, hazard quotient, or illness rate) as the State would otherwise use to develop criteria to protect the State's general population, paired with exposure inputs (e.g., fish consumption rate) representative of right holders exercising their reserved right. (b) States and right holders may request EPA assistance with evaluating Tribal reserved rights. EPA will provide such assistance to the extent practicable. In providing assistance to States as they adopt and revise water quality standards consistent with paragraph (a) of this section, EPA will engage with right holders. (c) In reviewing State water quality standards submissions under this section, EPA will initiate the Tribal consultation process with the right holders that have asserted their rights for consideration in establishment of water quality standards, consistent with applicable EPA Tribal consultation policies, in determining whether State water quality standards are consistent with paragraph (a) of this section. | |||
| 40:40:24.0.1.1.21.2.16.2 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | B | Subpart B—Establishment of Water Quality Standards | § 131.10 Designation of uses. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 80 FR 51047, Aug. 21, 2015] | (a) Each State must specify appropriate water uses to be achieved and protected. The classification of the waters of the State must take into consideration the use and value of water for public water supplies, protection and propagation of fish, shellfish and wildlife, recreation in and on the water, agricultural, industrial, and other purposes including navigation. If adopting new or revised designated uses other than the uses specified in section 101(a)(2) of the Act, or removing designated uses, States must submit documentation justifying how their consideration of the use and value of water for those uses listed in this paragraph appropriately supports the State's action. A use attainability analysis may be used to satisfy this requirement. In no case shall a State adopt waste transport or waste assimilation as a designated use for any waters of the United States. (b) In designating uses of a water body and the appropriate criteria for those uses, the State shall take into consideration the water quality standards of downstream waters and shall ensure that its water quality standards provide for the attainment and maintenance of the water quality standards of downstream waters. (c) States may adopt sub-categories of a use and set the appropriate criteria to reflect varying needs of such sub-categories of uses, for instance, to differentiate between cold water and warm water fisheries. (d) At a minimum, uses are deemed attainable if they can be achieved by the imposition of effluent limits required under sections 301(b) and 306 of the Act and cost-effective and reasonable best management practices for nonpoint source control. (e) [Reserved] (f) States may adopt seasonal uses as an alternative to reclassifying a water body or segment thereof to uses requiring less stringent water quality criteria. If seasonal uses are adopted, water quality criteria should be adjusted to reflect the seasonal uses, however, such criteria shall not preclude the attainment and maintenance of a more protective use in another s… | |||
| 40:40:24.0.1.1.21.2.16.3 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | B | Subpart B—Establishment of Water Quality Standards | § 131.11 Criteria. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 51047, Aug. 21, 2015] | (a) Inclusion of pollutants: (1) States must adopt those water quality criteria that protect the designated use. Such criteria must be based on sound scientific rationale and must contain sufficient parameters or constituents to protect the designated use. For waters with multiple use designations, the criteria shall support the most sensitive use. (2) Toxic pollutants. States must review water quality data and information on discharges to identify specific water bodies where toxic pollutants may be adversely affecting water quality or the attainment of the designated water use or where the levels of toxic pollutants are at a level to warrant concern and must adopt criteria for such toxic pollutants applicable to the water body sufficient to protect the designated use. Where a State adopts narrative criteria for toxic pollutants to protect designated uses, the State must provide information identifying the method by which the State intends to regulate point source discharges of toxic pollutants on water quality limited segments based on such narrative criteria. Such information may be included as part of the standards or may be included in documents generated by the State in response to the Water Quality Planning and Management Regulations (40 CFR part 130). (b) Form of criteria: In establishing criteria, States should: (1) Establish numerical values based on: (i) 304(a) Guidance; or (ii) 304(a) Guidance modified to reflect site-specific conditions; or (iii) Other scientifically defensible methods; (2) Establish narrative criteria or criteria based upon biomonitoring methods where numerical criteria cannot be established or to supplement numerical criteria. | |||
| 40:40:24.0.1.1.21.2.16.4 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | B | Subpart B—Establishment of Water Quality Standards | § 131.12 Antidegradation policy and implementation methods. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 80 FR 51047, Aug. 21, 2015] | (a) The State shall develop and adopt a statewide antidegradation policy. The antidegradation policy shall, at a minimum, be consistent with the following: (1) Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected. (2) Where the quality of the waters exceeds levels necessary to support the protection and propagation of fish, shellfish, and wildlife and recreation in and on the water, that quality shall be maintained and protected unless the State finds, after full satisfaction of the intergovernmental coordination and public participation provisions of the State's continuing planning process, that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. In allowing such degradation or lower water quality, the State shall assure water quality adequate to protect existing uses fully. Further, the State shall assure that there shall be achieved the highest statutory and regulatory requirements for all new and existing point sources and all cost-effective and reasonable best management practices for nonpoint source control. (i) The State may identify waters for the protections described in paragraph (a)(2) of this section on a parameter-by-parameter basis or on a water body-by-water body basis. Where the State identifies waters for antidegradation protection on a water body-by-water body basis, the State shall provide an opportunity for public involvement in any decisions about whether the protections described in paragraph (a)(2) of this section will be afforded to a water body, and the factors considered when making those decisions. Further, the State shall not exclude a water body from the protections described in paragraph (a)(2) of this section solely because water quality does not exceed levels necessary to support all of the uses specified in section 101(a)(2) of the Act. (ii) Before allowing any lowering of high water quality, pursuant to para… | |||
| 40:40:24.0.1.1.21.2.16.5 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | B | Subpart B—Establishment of Water Quality Standards | § 131.13 General policies. | EPA | States may, at their discretion, include in their State standards, policies generally affecting their application and implementation, such as mixing zones, low flows and variances. Such policies are subject to EPA review and approval. | ||||
| 40:40:24.0.1.1.21.2.16.6 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | B | Subpart B—Establishment of Water Quality Standards | § 131.14 Water quality standards variances. | EPA | [80 FR 51048, Aug. 21, 2015] | States may adopt WQS variances, as defined in § 131.3(o). Such a WQS variance is subject to the provisions of this section and public participation requirements at § 131.20(b). A WQS variance is a water quality standard subject to EPA review and approval or disapproval. (a) Applicability. (1) A WQS variance may be adopted for a permittee(s) or water body/waterbody segment(s), but only applies to the permittee(s) or water body/waterbody segment(s) specified in the WQS variance. (2) Where a State adopts a WQS variance, the State must retain, in its standards, the underlying designated use and criterion addressed by the WQS variance, unless the State adopts and EPA approves a revision to the underlying designated use and criterion consistent with §§ 131.10 and 131.11. All other applicable standards not specifically addressed by the WQS variance remain applicable. (3) A WQS variance, once adopted by the State and approved by EPA, shall be the applicable standard for purposes of the Act under § 131.21(d) through (e), for the following limited purposes. An approved WQS variance applies for the purposes of developing NPDES permit limits and requirements under 301(b)(1)(C), where appropriate, consistent with paragraph (a)(1) of this section. States and other certifying entities may also use an approved WQS variance when issuing certifications under section 401 of the Act. (4) A State may not adopt WQS variances if the designated use and criterion addressed by the WQS variance can be achieved by implementing technology-based effluent limits required under sections 301(b) and 306 of the Act. (b) Requirements for Submission to EPA. (1) A WQS variance must include: (i) Identification of the pollutant(s) or water quality parameter(s), and the water body/waterbody segment(s) to which the WQS variance applies. Discharger(s)-specific WQS variances must also identify the permittee(s) subject to the WQS variance. (ii) The requirements that apply throughout the term of the WQS variance. The requirements shall represent t… | |||
| 40:40:24.0.1.1.21.2.16.7 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | B | Subpart B—Establishment of Water Quality Standards | § 131.15 Authorizing the use of schedules of compliance for water quality-based effluent limits in NPDES permits. | EPA | [80 FR 51049, Aug. 21, 2015] | If a State intends to authorize the use of schedules of compliance for water quality-based effluent limits in NPDES permits, the State must adopt a permit compliance schedule authorizing provision. Such authorizing provision is a water quality standard subject to EPA review and approval under section 303 of the Act and must be consistent with sections 502(17) and 301(b)(1)(C) of the Act. | |||
| 40:40:24.0.1.1.21.3.16.1 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | C | Subpart C—Procedures for Review and Revision of Water Quality Standards | § 131.20 State review and revision of water quality standards. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 80 FR 51049, Aug. 21, 2015; 89 FR 35748, May 2, 2024] | (a) State review. The State shall from time to time, but at least once every 3 years, hold public hearings for the purpose of reviewing applicable water quality standards adopted pursuant to §§ 131.9 through 131.15 and Federally promulgated water quality standards and, as appropriate, modifying and adopting standards. This review shall include evaluating whether there is any new information available about Tribal reserved rights applicable to State waters that needs to be considered to establish water quality standards consistent with § 131.9. The State shall also re-examine any waterbody segment with water quality standards that do not include the uses specified in section 101(a)(2) of the Act every 3 years to determine if any new information has become available. If such new information indicates that the uses specified in section 101(a)(2) of the Act are attainable, the State shall revise its standards accordingly. Procedures States establish for identifying and reviewing water bodies for review should be incorporated into their Continuing Planning Process. In addition, if a State does not adopt new or revised criteria for parameters for which EPA has published new or updated CWA section 304(a) criteria recommendations, then the State shall provide an explanation when it submits the results of its triennial review to the Regional Administrator consistent with CWA section 303(c)(1) and the requirements of paragraph (c) of this section. (b) Public participation. The State shall hold one or more public hearings for the purpose of reviewing water quality standards as well as when revising water quality standards, in accordance with provisions of State law and EPA's public participation regulation (40 CFR part 25). The proposed water quality standards revision and supporting analyses shall be made available to the public prior to the hearing. (c) Submittal to EPA. The State shall submit the results of the review, any supporting analysis for the use attainability analysis, the methodologies used for site-spe… | |||
| 40:40:24.0.1.1.21.3.16.2 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | C | Subpart C—Procedures for Review and Revision of Water Quality Standards | § 131.21 EPA review and approval of water quality standards. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 60 FR 15387, Mar. 23, 1995; 65 FR 24653, Apr. 27, 2000] | (a) After the State submits its officially adopted revisions, the Regional Administrator shall either: (1) Notify the State within 60 days that the revisions are approved, or (2) Notify the State within 90 days that the revisions are disapproved. Such notification of disapproval shall specify the changes needed to assure compliance with the requirements of the Act and this regulation, and shall explain why the State standard is not in compliance with such requirements. Any new or revised State standard must be accompanied by some type of supporting analysis. (b) The Regional Administrator's approval or disapproval of a State water quality standard shall be based on the requirements of the Act as described in §§ 131.5 and 131.6, and, with respect to Great Lakes States or Tribes (as defined in 40 CFR 132.2), 40 CFR part 132. (c) How do I determine which water quality standards are applicable for purposes of the Act? You may determine which water quality standards are applicable water quality standards for purposes of the Act from the following table: (d) When do I use the applicable water quality standards identified in paragraph (c) above? Applicable water quality standards for purposes of the Act are the minimum standards which must be used when the CWA and regulations implementing the CWA refer to water quality standards, for example, in identifying impaired waters and calculating TMDLs under section 303(d), developing NPDES permit limitations under section 301(b)(1)(C), evaluating proposed discharges of dredged or fill material under section 404, and in issuing certifications under section 401 of the Act. (e) For how long does an applicable water quality standard for purposes of the Act remain the applicable water quality standard for purposes of the Act? A State or authorized Tribe's applicable water quality standard for purposes of the Act remains the applicable standard until EPA approves a change, deletion, or addition to that water quality standard, or until EPA promulgates a more stringent wat… | |||
| 40:40:24.0.1.1.21.3.16.3 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | C | Subpart C—Procedures for Review and Revision of Water Quality Standards | § 131.22 EPA promulgation of water quality standards. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 80 FR 51049, Aug. 21, 2015 | (a) If the State does not adopt the changes specified by the Regional Administrator within 90 days after notification of the Regional Administrator's disapproval, the Administrator shall promptly propose and promulgate such standard. (b) The Administrator may also propose and promulgate a regulation, applicable to one or more navigable waters, setting forth a new or revised standard upon determining such a standard is necessary to meet the requirements of the Act. To constitute an Administrator's determination that a new or revised standard is necessary to meet the requirements of the Act, such determination must: (1) Be signed by the Administrator or his or her duly authorized delegate, and (2) Contain a statement that the document constitutes an Administrator's determination under section 303(c)(4)(B) of the Act. (c) In promulgating water quality standards, the Administrator is subject to the same policies, procedures, analyses, and public participation requirements established for States in these regulations. | |||
| 40:40:24.0.1.1.21.4.16.1 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.31 Arizona. | EPA | [41 FR 25000, June 22, 1976; 41 FR 48737, Nov. 5, 1976. Redesignated and amended at 42 FR 56740, Oct. 28, 1977. Further redesignated and amended at 48 FR 51408, Nov. 8, 1983; 61 FR 20693, May 7, 1996; 68 FR 62744, Nov. 6, 2003] | (a) [Reserved] (b) The following waters have, in addition to the uses designated by the State, the designated use of fish consumption as defined in R18-11-101 (which is available from the Arizona Department of Environmental Quality, Water Quality Division, 3033 North Central Ave., Phoenix, AZ 85012): COLORADO MAIN STEM RIVER BASIN: MIDDLE GILA RIVER BASIN: SAN PEDRO RIVER BASIN: SANTA CRUZ RIVER BASIN: UPPER GILA RIVER BASIN (c) To implement the requirements of R18-11-108.A.5 with respect to effects of mercury on wildlife, EPA (or the State with the approval of EPA) shall implement a monitoring program to assess attainment of the water quality standard. | |||
| 40:40:24.0.1.1.21.4.16.10 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.41 Bacteriological criteria for those states not complying with Clean Water Act section 303(i)(1)(A). | EPA | [69 FR 67242, Nov. 16, 2004] | (a) Scope. This section is a promulgation of the Clean Water Act section 304(a) criteria for bacteria for coastal recreation waters in specific States. It is not a general promulgation of the Clean Water Act section 304(a) criteria for bacteria. This section also contains a compliance schedule provision. (b) Definitions. (1) Coastal Recreation Waters are the Great Lakes and marine coastal waters (including coastal estuaries) that are designated under section 303(c) of the Clean Water Act for use for swimming, bathing, surfing, or similar water contact activities. Coastal recreation waters do not include inland waters or waters upstream from the mouth of a river or stream having an unimpaired natural connection with the open sea. (2) Designated bathing beach waters are those coastal recreation waters that, during the recreation season, are heavily-used (based upon an evaluation of use within the State) and may have: a lifeguard, bathhouse facilities, or public parking for beach access. States may include any other waters in this category even if the waters do not meet these criteria. (3) Moderate use coastal recreation waters are those coastal recreation waters that are not designated bathing beach waters but typically, during the recreation season, are used by at least half of the number of people as at typical designated bathing beach waters within the State. States may also include light use or infrequent use coastal recreation waters in this category. (4) Light use coastal recreation waters are those coastal recreation waters that are not designated bathing beach waters but typically, during the recreation season, are used by less than half of the number of people as at typical designated bathing beach waters within the State, but are more than infrequently used. States may also include infrequent use coastal recreation waters in this category. (5) Infrequent use coastal recreation waters are those coastal recreation waters that are rarely or occasionally used. (6) New pathogen discharger … | |||
| 40:40:24.0.1.1.21.4.16.11 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.42 Antidegradation Implementation Methods for the Commonwealth of Puerto Rico. | EPA | [72 FR 70524, Dec. 12, 2007] | (a) General Policy Statement. (1) All point sources of pollution are subject to an antidegradation review. (2) An antidegradation review shall be initiated as part of the Section 401—“Water Quality Certification Process” of the Clean Water Act. (3) The 401 Certification Process shall follow the procedures established by the February 2, 1989 Resolution R-89-2-2 of the Governing Board of the Puerto Rico Environmental Quality Board (EQB). (4) The following are not subject to an antidegradation review due to the fact that they are nondischarge systems and are managed by specific applicable Puerto Rico regulations: (i) All nonpoint sources of pollutants. (ii) Underground Storage Tanks. (iii) Underground Injection Facilities. (5) The protection of water quality shall include the maintenance, migration, protection, and propagation of desirable species, including threatened and endangered species identified in the local and federal regulations. (b) Definitions. (1) All the definitions included in Article 1 of the Puerto Rico Water Quality Standards Regulation (PRWQSR), as amended, are applicable to this procedure. (2) High Quality Waters: (i) Are waters whose quality is better than the mandatory minimum level to support the CWA Section 101(a)(2) goals of propagation of fish, shellfish, wildlife and recreation in and on the waters. High Quality Waters are to be identified by EQB on a parameter-by-parameter basis. (ii) [Reserved] (3) Outstanding National Resources Waters (ONRWs): (i) Are waters classified as SA or SE in the PRWQSR, as amended, or any other water designated by Resolution of the Governing Board of EQB. ONRWs are waters that are recreationally or ecologically important, unique or sensitive. (ii) [Reserved] (c) Antidegradation Review Procedure. (1) The antidegradation review will commence with the submission of the CWA Section 401 water quality certification request. EQB uses a parameter-by-parameter approach for the implementation of the anti-degradation policy and will review each parame… | |||
| 40:40:24.0.1.1.21.4.16.12 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.43 Maine. | EPA | [81 FR 92487, Dec. 19, 2016, as amended at 85 FR 82939, Dec. 21, 2020] | (a) Bacteria criteria for waters in Indian lands. (1) The bacteria content of Class AA and Class A waters shall be as naturally occurs, and the minimum number of Escherichia coli bacteria shall not exceed a geometric mean of 100 colony-forming units per 100 milliliters (cfu/100 ml) in any 30-day interval; nor shall 320 cfu/100 ml be exceeded more than 10% of the time in any 30-day interval. (2) In Class B, Class C, and Class GPA waters, the number of Escherichia coli bacteria shall not exceed a geometric mean of 100 colony forming units per 100 milliliters (cfu/100 ml) in any 30- day interval; nor shall 320 cfu/100 ml be exceeded more than 10% of the time in any 30-day interval. (3) The bacteria content of Class SA waters shall be as naturally occurs, and the number of Enterococcus spp. bacteria shall not exceed a geometric mean of 30 cfu/100 ml in any 30-day interval, nor shall 110 cfu/100 ml be exceeded more than 10% of the time in any 30-day interval. (4) In Class SA shellfish harvesting areas, the numbers of total coliform bacteria or other specified indicator organisms in samples representative of the waters in shellfish harvesting areas may not exceed the criteria recommended under the National Shellfish Sanitation Program, United States Food and Drug Administration, as set forth in the Guide for the Control of Molluscan Shellfish, 2015 Revision. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from the U.S. Food and Drug Administration Center for Food Safety and Applied Nutrition, Shellfish and Aquaculture Policy Branch, 5100 Paint Branch Parkway (HFS-325), College Park, MD 20740 or http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2006754.htm . You may inspect a copy at the U.S. Environmental Protection Agency Docket Center Reading Room, William Jefferson Clinton West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004, (202) 566-1744, or at the Nati… | |||
| 40:40:24.0.1.1.21.4.16.13 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.44 Florida. | EPA | [77 FR 46303, Aug. 3, 2012] | (a) Phosphorus Rule. (1) The document entitled “Florida Administrative Code, Chapter 62-302, Surface Water Quality Standards, Section 62-302.540, Water Quality Standards for Phosphorus Within the Everglades Protection Area, Amended May 25, 2005, as annotated by EPA” (Phosphorus Rule), is incorporated by reference as described in paragraph (a)(2). EPA is not incorporating the full text of this document, but correcting specified portions of the Phosphorus Rule as directed by a federal district court as indicated by the strikeout markings. The EPA is only incorporating by reference these crossed-out portions in the Florida Administrative Code 62-302.540. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a). Copies of the document may be inspected and obtained from the docket associated with this rulemaking (Docket Number EPA-HQ-OW-2011-0515) at http://www.regulations.gov electronically, at EPA's Water Docket (Address: 1301 Constitution Avenue NW., EPA West, Room B102, Washington, DC 20460, telephone number: 202-566-2426), at the National Archives and Records Administration (NARA), and finally, on the EPA Web site associated with this rulemaking at http://water.epa.gov/lawsregs/rulesregs/floridaeverglades_index.cfm. For information on the availability of this material at NARA, call 202-741-6030, or go to the following Web site http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. EPA adopts and identifies the portions of the document that have strikeout markings as portions of the Phosphorus Rule that EPA disapproved on December 3, 2009, and that are not applicable water quality standards for the purposes of the Clean Water Act. Remaining portions of the Phosphorus Rule that EPA had previously approved are applicable water quality standards for the purposes of the Clean Water Act but are not codified as federal regulations. (2) In the Phosphorus Rule, strike the following text: (i) The entire paragraph (1)(a); (i… | |||
| 40:40:24.0.1.1.21.4.16.14 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.45 Revision of certain Federal water quality criteria applicable to Washington. | EPA | [81 FR 85435, Nov. 28, 2016, as amended at 85 FR 28492, May 13, 2020; 87 FR 69198, Nov. 18, 2022] | (a) Scope. This section promulgates human health criteria for priority toxic pollutants in surface waters in Washington. (b) Criteria for priority toxic pollutants in Washington. The applicable human health criteria are shown in table 1 to this paragraph (b). (c) Applicability. (1) The criteria in paragraph (b) of this section apply to waters with Washington's designated uses cited in paragraph (d) of this section and apply concurrently with other applicable water quality criteria. (2) The criteria established in this section are subject to Washington's general rules of applicability in the same way and to the same extent as are other federally promulgated and state-adopted numeric criteria when applied to the same use classifications in paragraph (d) of this section. (i) For all waters with mixing zone regulations or implementation procedures, the criteria apply at the appropriate locations within or at the boundary of the mixing zones; otherwise the criteria apply throughout the waterbody including at the end of any discharge pipe, conveyance or other discharge point within the waterbody. (ii) The state must not use a low flow value below which numeric non-carcinogen and carcinogen human health criteria can be exceeded that is less stringent than the harmonic mean flow for waters suitable for the establishment of low flow return frequencies ( i.e., streams and rivers). Harmonic mean flow is a long-term mean flow value calculated by dividing the number of daily flows analyzed by the sum of the reciprocals of those daily flows. (iii) If the state does not have such a low flow value for numeric criteria, then none will apply and the criteria in paragraph (b) of this section herein apply at all flows. (d) Applicable use designations. (1) All waters in Washington assigned to the following use classifications are subject to the criteria identified in paragraph (d)(2) of this section: (i) Fresh waters— (A) Miscellaneous uses: Harvesting (Fish harvesting); (B) Recreational uses; (C) Water supply use… | |||
| 40:40:24.0.1.1.21.4.16.15 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.46 Aquatic life criterion for cadmium in Oregon. | EPA | [82 FR 9173, Feb. 3, 2017] | (a) Scope. This section promulgates an acute aquatic life criterion for cadmium in freshwaters in Oregon. (b) Criterion for cadmium in Oregon. The aquatic life criterion in Table 1 applies to all freshwaters in Oregon where fish and aquatic life are a designated use. Table 1—Cadmium Aquatic Life Criterion for Oregon Freshwaters 1 The criterion for cadmium is expressed as the dissolved metal concentration. 2 CF is the conversion factor used to convert between the total recoverable and dissolved forms of cadmium. The term (ln hardness) in the CMC and the CF equation is the natural logarithm of the ambient hardness in mg/L (CaCO 3 ). The default hardness concentrations from the applicable ecoregion in Table 2 of paragraph (c) of this section shall be used to calculate cadmium criteria in the absence of sufficiently representative ambient hardness data. 3 The CMC is the highest allowable one-hour average instream concentration of cadmium. The CMC is not to be exceeded more than once every three years. The CMC is rounded to two significant figures. (c) Estimated Values To Calculate Cadmium Criteria. The default inputs to calculate cadmium criteria in the absence of sufficiently representative ambient data are shown in Table 2. Table 2—Hardness Defaults Within Each Level III Ecoregion in Oregon (d) Applicability. (1) The criterion in paragraph (b) of this section applies to freshwaters in Oregon where fish and aquatic life are a designated use, and applies concurrently with other applicable water quality criteria. (2) The criterion established in this section is subject to Oregon's general rules of applicability in the same way and to the same extent as are other federally promulgated and state-adopted numeric criteria when applied to freshwaters in Oregon where fish and aquatic life are a designated use. (i) For all waters with mixing zone regulations or implementation procedures, the criterion applies at the appropriate locations within or at the boundary of the mixing zones and outside of the mi… | |||
| 40:40:24.0.1.1.21.4.16.16 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.47 Aquatic life criteria for aluminum in Oregon. | EPA | [86 FR 14845, Mar. 19, 2021] | (a) Scope. This section promulgates aquatic life criteria for aluminum in fresh waters in Oregon that are jurisdictional under the Clean Water Act. (b) Criteria for aluminum in Oregon. The aquatic life criteria in Table 1 to this paragraph (b) apply to all fresh waters in Oregon that are jurisdictional under the Clean Water Act to protect the fish and aquatic life designated uses. Table 1 to Paragraph (b) —Aluminum Aquatic Life Criteria for Oregon Fresh Waters 1 To apply the aluminum criteria for Clean Water Act purposes, criteria values based on ambient water chemistry conditions must protect the water body over the full range of water chemistry conditions, including during conditions when aluminum is most toxic. 2 These criteria are based on aluminum toxicity studies where aluminum was analyzed using total recoverable analytical methods. Oregon may utilize total recoverable analytical methods to implement the criteria. For characterizing ambient waters, Oregon may also utilize, as scientifically appropriate and as allowable by State and Federal regulations, analytical methods that measure the bioavailable fraction of aluminum ( e.g., utilizing a less aggressive initial acid digestion, such as to a pH of approximately 4 or lower, that includes the measurement of amorphous aluminum hydroxide yet minimizes the measurement of mineralized forms of aluminum such as aluminum silicates associated with suspended sediment particles or clays). Oregon shall use measurements of total recoverable aluminum where required by Federal regulations. 3 The CMC is the highest allowable one-hour average ambient concentration of aluminum. The CMC is not to be exceeded more than once every three years. The CMC is rounded to two significant figures. 4 The CCC is the highest allowable four-day average ambient concentration of aluminum. The CCC is not to be exceeded more than once every three years. The CCC is rounded to two significant figures. 5 EPA-822-R-18-001, Final Aquatic Life Ambient Water Quality Criteria for Al… | |||
| 40:40:24.0.1.1.21.4.16.17 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.48 Water quality standards to protect aquatic life in the Delaware River. | EPA | [90 FR 46508, Sept. 29, 2025] | (a) Scope . (1) The designated use in paragraph (b) of this section applies to river miles 108.4 to 70.0 of the mainstem Delaware River for the States of New Jersey and Pennsylvania. (2) The aquatic life criteria in paragraph (c) of this section apply to river miles 108.4 to 70.0 of the mainstem Delaware River for the States of Delaware, New Jersey, and Pennsylvania. (b) Aquatic life designated use . The aquatic life designated use is protection and propagation of resident and migratory aquatic life. (c) Dissolved oxygen criteria . The applicable dissolved oxygen criteria are shown in table 1 to this paragraph (c). Table 1 to Paragraph ( c )—Dissolved Oxygen Criteria (d) Applicability . (1) The aquatic life designated use in paragraph (b) of this section applies concurrently with other applicable designated uses in New Jersey and Pennsylvania for river miles 108.4 to 70.0 of the mainstem Delaware River. (2) The dissolved oxygen aquatic life water quality criteria in paragraph (c) of this section are the applicable dissolved oxygen criteria in Delaware, New Jersey, and Pennsylvania for river miles 108.4 to 70.0 of the mainstem Delaware River and apply concurrently with other applicable water quality criteria. (3) The designated use and criteria established are subject to Delaware's, New Jersey's, and Pennsylvania's general rules of applicability in the same way and to the same extent as are other federally promulgated and State-adopted water quality standards in those States. | |||
| 40:40:24.0.1.1.21.4.16.2 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.32 [Reserved] | EPA | |||||
| 40:40:24.0.1.1.21.4.16.3 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.33 Idaho. | EPA | [62 FR 41183, July 31, 1997, as amended at 67 FR 11248, Mar. 13, 2002; 73 FR 65739, Nov. 5, 2008] | (a) Temperature criteria for bull trout. (1) Except for those streams or portions of streams located in Indian country, or as may be modified by the Regional Administrator, EPA Region X, pursuant to paragraph (a)(3) of this section, a temperature criterion of 10 °C, expressed as an average of daily maximum temperatures over a seven-day period, applies to the waterbodies identified in paragraph (a)(2) of this section during the months of June, July, August and September. (2) The following waters are protected for bull trout spawning and rearing: (i) BOISE-MORE BASIN: Devils Creek, East Fork Sheep Creek, Sheep Creek. (ii) BROWNLEE RESERVOIR BASIN: Crooked River, Indian Creek. (iii) CLEARWATER BASIN: Big Canyon Creek, Cougar Creek, Feather Creek, Laguna Creek, Lolo Creek, Orofino Creek, Talapus Creek, West Fork Potlatch River. (iv) COEUR D'ALENE LAKE BASIN: Cougar Creek, Fernan Creek, Kid Creek, Mica Creek, South Fork Mica Creek, Squaw Creek, Turner Creek. (v) HELLS CANYON BASIN: Dry Creek, East Fork Sheep Creek, Getta Creek, Granite Creek, Kurry Creek, Little Granite Creek, Sheep Creek. (vi) LEMHI BASIN: Adams Creek, Alder Creek, Basin Creek, Bear Valley Creek, Big Eightmile Creek, Big Springs Creek, Big Timber Creek, Bray Creek, Bull Creek, Cabin Creek, Canyon Creek, Carol Creek, Chamberlain Creek, Clear Creek, Climb Creek, Cooper Creek, Dairy Creek, Deer Creek, Deer Park Creek, East Fork Hayden Creek, Eighteenmile Creek, Falls Creek, Ferry Creek, Ford Creek, Geertson Creek, Grove Creek, Hawley Creek, Hayden Creek, Kadletz Creek, Kenney Creek, Kirtley Creek, Lake Creek, Lee Creek, Lemhi River (above Big Eightmile Creek), Little Eightmile Creek, Little Mill Creek, Little Timber Creek, Middle Fork Little Timber Creek, Milk Creek, Mill Creek, Mogg Creek, North Fork Kirtley Creek, North Fork Little Timber Creek, Paradise Creek, Patterson Creek, Payne Creek, Poison Creek, Prospect Creek, Rocky Creek, Short Creek, Squaw Creek, Squirrel Creek, Tobias Creek, Trail Creek, West Fork Hayden Creek, Wright Creek. (vi… | |||
| 40:40:24.0.1.1.21.4.16.4 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.34 Kansas. | EPA | [68 FR 40442, July 7, 2003, as amended at 80 FR 51050, Aug. 21, 2015] | (a) In addition to the State-adopted use designations, the following water body segment in Kansas is designated for an expected aquatic life use: (b) In addition to the State-adopted use designations, the following water body segments and lakes in Kansas are designated for recreation uses as specified in the following table: (c) Water quality standard variances. The Regional Administrator, EPA Region 7, is authorized to grant variances from the water quality standards in paragraphs (a) and (b) of this section where the requirements of § 131.14 are met. | |||
| 40:40:24.0.1.1.21.4.16.5 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.35 Colville Confederated Tribes Indian Reservation. | EPA | [54 FR 28625, July 6, 1989] | The water quality standards applicable to the waters within the Colville Indian Reservation, located in the State of Washington. (a) Background. (1) It is the purpose of these Federal water quality standards to prescribe minimum water quality requirements for the surface waters located within the exterior boundaries of the Colville Indian Reservation to ensure compliance with section 303(c) of the Clean Water Act. (2) The Colville Confederated Tribes have a primary interest in the protection, control, conservation, and utilization of the water resources of the Colville Indian Reservation. Water quality standards have been enacted into tribal law by the Colville Business Council of the Confederated Tribes of the Colville Reservation, as the Colville Water Quality Standards Act, CTC Title 33 (Resolution No. 1984-526 (August 6, 1984) as amended by Resolution No. 1985-20 (January 18, 1985)). (b) Territory covered. The provisions of these water quality standards shall apply to all surface waters within the exterior boundaries of the Colville Indian Reservation. (c) Applicability, Administration and Amendment. (1) The water quality standards in this section shall be used by the Regional Administrator for establishing any water quality based National Pollutant Discharge Elimination System Permit (NPDES) for point sources on the Colville Confederated Tribes Reservation. (2) In conjunction with the issuance of section 402 or section 404 permits, the Regional Administrator may designate mixing zones in the waters of the United States on the reservation on a case-by-case basis. The size of such mixing zones and the in-zone water quality in such mixing zones shall be consistent with the applicable procedures and guidelines in EPA's Water Quality Standards Handbook and the Technical Support Document for Water Quality Based Toxics Control. (3) Amendments to the section at the request of the Tribe shall proceed in the following manner. (i) The requested amendment shall first be duly approved by the Confederated Tri… | |||
| 40:40:24.0.1.1.21.4.16.6 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.36 Toxics criteria for those states not complying with Clean Water Act section 303(c)(2)(B). | EPA | [57 FR 60910, Dec. 22, 1992] | (a) Scope. This section is not a general promulgation of the section 304(a) criteria for priority toxic pollutants but is restricted to specific pollutants in specific States. (b)(1) EPA's Section 304(a) criteria for Priority Toxic Pollutants. Footnotes a. Criteria revised to reflect current agency q 1 * or RfD, as contained in the Integrated Risk Information System (IRIS). The fish tissue bioconcentration factor (BCF) from the 1980 criteria documents was retained in all cases. b. The criteria refers to the inorganic form only. c. Criteria in the matrix based on carcinogenicity (10 −6 risk). For a risk level of 10 −5 , move the decimal point in the matrix value one place to the right. d. Criteria Maximum Concentration (CMC) = the highest concentration of a pollutant to which aquatic life can be exposed for a short period of time (1-hour average) without deleterious effects. Criteria Continuous Concentration (CCC) = the highest concentration of a pollutant to which aquatic life can be exposed for an extended period of time (4 days) without deleterious effects. µg/L = micrograms per liter. e. Freshwater aquatic life criteria for these metals are expressed as a function of total hardness (mg/L as CaCO 3 ), the pollutant's water effect ratio (WER) as defined in § 131.36(c) and multiplied by an appropriate dissolved conversion factor as defined in § 131.36(b)(2). For comparative purposes, the values displayed in this matrix are shown as dissolved metal and correspond to a total hardness of 100 mg/L and a water effect ratio of 1.0. f. Freshwater aquatic life criteria for pentachlorophenol are expressed as a function of pH, and are calculated as follows. Values displayed above in the matrix correspond to a pH of 7.8. CMC = exp(1.005(pH)−4.830) CCC = exp(1.005(pH)−5.290) g. Aquatic life criteria for these compounds were issued in 1980 utilizing the 1980 Guidelines for criteria development. The acute values shown are final acute values (FAV) which by the 1980 Guidelines are instant… | |||
| 40:40:24.0.1.1.21.4.16.7 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.37 California. | EPA | [60 FR 4707, Jan. 24, 1995] | (a) Additional criteria. The following criteria are applicable to waters specified in the Water Quality Control Plan for Salinity for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary, adopted by the California State Water Resources Control Board in State Board Resolution No. 91-34 on May 1, 1991: (1) Estuarine habitat criteria. (i) General rule. (A) Salinity (measured at the surface) shall not exceed 2640 micromhos/centimeter specific conductance at 25 °C (measured as a 14-day moving average) at the Confluence of the Sacramento and San Joaquin Rivers throughout the period each year from February 1 through June 30, and shall not exceed 2640 micromhos/centimeter specific conductance at 25 °C (measured as a 14-day moving average) at the specific locations noted in Table 1 near Roe Island and Chipps Island for the number of days each month in the February 1 to June 30 period computed by reference to the following formula: Number of days required in Month X = Total number of days in Month × * (1 − 1/(1 + e K ) where K = A + (B*natural logarithm of the previous month's 8-River Index); A and B are determined by reference to Table 1 for the Roe Island and Chipps Island locations; x is the calendar month in the February 1 to June 30 period; and e is the base of the natural (or Napierian) logarithm. where K = A + (B*natural logarithm of the previous month's 8-River Index); A and B are determined by reference to Table 1 for the Roe Island and Chipps Island locations; x is the calendar month in the February 1 to June 30 period; and e is the base of the natural (or Napierian) logarithm. Where the number of days computed in this equation in paragraph (a)(1)(i)(A) of this section shall be rounded to the nearest whole number of days. When the previous month's 8-River Index is less than 500,000 acre-feet, the number of days required for the current month shall be zero. Table 1. Constants applicable to each of the monthly equations to determine monthly requirements described. 1 Coefficie… | |||
| 40:40:24.0.1.1.21.4.16.8 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.38 Establishment of numeric criteria for priority toxic pollutants for the State of California. | EPA | [65 FR 31711, May 18, 2000, as amended at 66 FR 9961, Feb. 13, 2001; 68 FR 62747, Nov. 6, 2003; 78 FR 20255, Apr. 4, 2013; 83 FR 52166, Oct. 16, 2018; 89 FR 101928, Dec. 17, 2024] | (a) Scope. This section promulgates criteria for priority toxic pollutants in the State of California for inland surface waters and enclosed bays and estuaries. This section also contains a compliance schedule provision. (b) Criteria. (1) Criteria for priority toxic pollutants in the State of California as described in table 1 to this paragraph (b)(1): (i) California Freshwater Selenium Ambient Chronic Water Quality Criterion for Protection of Aquatic Life and Aquatic-Dependent Wildlife. (ii) Priority toxic pollutants. Table 1 to this paragraph (b)(1) lists all of the EPA's priority toxic pollutants whether or not criteria guidance are available. Blank spaces indicate the absence of national criteria guidance under CWA section 304(a). Because of variations in chemical nomenclature systems, this listing of toxic pollutants does not duplicate the listing in appendix A to 40 CFR part 423. The EPA has added the Chemical Abstracts Service (CAS) registry numbers, which provide a unique identification for each chemical. (iii) Criteria recommendations not included in table 1 to this paragraph (b)(1). The following chemicals have organoleptic-based criteria recommendations that are not included in table 1: zinc, 3-methyl-4-chlorophenol. (iv) Freshwater and saltwater aquatic life criteria. Freshwater and saltwater aquatic life criteria apply as specified in paragraph (c)(3) of this section. (2) Factors for Calculating Metals Criteria. Final CMC and CCC values should be rounded to two significant figures. (i) CMC = WER × ( Acute Conversion Factor) × (exp{ m A [1n ( hardness )] + b A }) (ii) CCC = WER × ( Chronic Conversion Factor ) × (exp{ m C [ln( hardness )] + b C }) (iii) Table 1 to paragraph (b)(2) of this section: Note to Table 1: The term “exp” represents the base e exponential function. (iv) Table 2 to paragraph (b)(2) of this section: Footnotes to table 2 of paragraph( b )(2): a Conversion Factors for chronic marine criteria are not currently available. Conversion Factors for ac… | |||
| 40:40:24.0.1.1.21.4.16.9 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.40 Puerto Rico | EPA | [69 FR 3524, Jan. 26, 2004, as amended at 80 FR 51050, Aug. 21, 2015] | (a) Use designations for marine waters. In addition to the Commonwealth's adopted use designations, the following waterbodies in Puerto Rico have the beneficial use designated in this paragraph (a) within the bays specified below, and within the Commonwealth's territorial seas, as defined in section 502(8) of the Clean Water Act, and 33 CFR 2.05-5, except such waters classified by the Commonwealth as SB. (b) Criteria that apply to Puerto Rico's marine waters. In addition to all other Commonwealth criteria, the following criteria for bacteria apply to the waterbodies in paragraph (a) of this section: Bacteria: The fecal coliform geometric mean of a series of representative samples (at least five samples) of the waters taken sequentially shall not exceed 200 colonies/100 ml, and not more than 20 percent of the samples shall exceed 400 colonies/100 ml. The enterococci density in terms of geometric mean of at least five representative samples taken sequentially shall not exceed 35/100 ml. No single sample should exceed the upper confidence limit of 75% using 0.7 as the log standard deviation until sufficient site data exist to establish a site-specific log standard deviation. (c) Water quality standard variances. The Regional Administrator, EPA Region 2, is authorized to grant variances from the water quality standards in paragraphs (a) and (b) of this section where the requirements of § 131.14 are met. |
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