33 U.S.C. § 1313 — Water quality standards and implementation plans

(a) Existing water-quality standards.
(1) A standard for interstate waters that a State^* adopted and submitted to, and that the Administrator approved or was considering under the Act as it existed before October 18, 1972, remains effective unless the Administrator decides it fails those former requirements. The Administrator must notify the State within three months and specify needed changes. If the State does not adopt them within 90 days, the Administrator must issue them under subsection (b).
(2) A State that had adopted its own intrastate-water standards before October 18, 1972, must submit them within 30 days after that date. They remain effective like standards under this chapter unless the Administrator finds them inconsistent with the former requirements. The Administrator must notify the State and specify changes by the 120th day after submission. If the State does not adopt them within 90 days, the Administrator must issue them under subsection (b).
(3)(A) A State that had not adopted its own intrastate-water standards before October 18, 1972, must adopt and submit them within 180 days.
(3)(B) The Administrator must approve standards found consistent with the former requirements.
(3)(C) If they are inconsistent, the Administrator must, by the 90th day after submission, notify the State and specify changes. If the State does not adopt them within 90 days, the Administrator must issue them under subsection (b).
(b) Proposed regulations.
(1) The Administrator must promptly publish proposed regulations setting water-quality standards for a State consistent with the former Act’s requirements if (A) the State misses subsection (a)’s submission deadline, or (B) the Administrator finds its submitted standard inconsistent with subsection (a)’s requirements.
(2) The Administrator must issue a proposed standard as a final standard no later than 190 days after publishing it, unless the State first adopts a standard the Administrator finds compliant with subsection (a).
(c) Review and revised standards.
(1) The State Governor or water-pollution^*-control agency must hold public hearings from time to time, at least once every three years beginning October 18, 1972, to review standards and, when appropriate, modify or adopt them. It must make the review results available to the Administrator.
(2)(A) A revised or new standard must be submitted to the Administrator. It must include the designated uses of the navigable waters^* and water-quality criteria based on those uses. It must protect public health or welfare, improve water quality, and serve this chapter’s purposes. In setting it, the State must consider the waters’ use and value for public supplies, fish and wildlife, recreation, agriculture, industry, other purposes, and navigation.
(2)(B) When reviewing, revising, or adopting standards, a State must adopt criteria for every listed toxic pollutant^* for which the Administrator has published criteria, when its discharge or presence could reasonably interfere with the State’s designated uses. The criteria must be specific numerical criteria. If numerical criteria are unavailable, the State must use biological monitoring^* or assessment methods consistent with information published under section 1314(a)(8). This does not limit or delay effluent limits or permit conditions using biological methods or existing numerical criteria.
(3) If within 60 days the Administrator finds a submitted standard meets this chapter, it becomes the State’s standard for the applicable waters. If not, the Administrator must notify the State by the 90th day and specify changes. If the State does not adopt them within 90 days, the Administrator must issue the standard under paragraph (4).
(4) The Administrator must promptly publish proposed regulations for a revised or new standard if (A) a State submission is inconsistent with this chapter, or (B) the Administrator finds a new or revised standard necessary. The Administrator must issue it no later than 90 days after publication unless the State first adopts a compliant standard.
(d) Waters needing stronger controls and daily loads.
(1)(A) Each State must identify waters where section 1311(b)(1)(A) and (B) effluent limits are not strict enough to implement a water-quality standard, and rank them by pollution severity and intended uses.
(1)(B) It must identify waters where section 1311 thermal-discharge controls are not strict enough to protect and propagate a balanced indigenous shellfish, fish, and wildlife population.
(1)(C) For waters in (A), it must set, by priority, the total maximum daily load for pollutants the Administrator identifies as suitable. The load must implement standards, account for seasonal changes, and include a safety margin for unknown relationships between effluent limits and water quality.
(1)(D) For waters in (B), it must estimate the total maximum daily thermal load needed for that protection and propagation. It must consider normal temperatures, flow, seasons, existing heat sources, and the waters’ ability to dissipate heat; calculate maximum heat input for each part; and include a safety margin for gaps in knowledge about thermal criteria.
(2) From time to time, beginning no later than 180 days after the first section 1314(a)(2)(D) pollutant^* identification is published, each State must submit the identified waters and loads under (1)(A)-(D) for the Administrator’s approval. The Administrator must approve or disapprove within 30 days. If approved, the State must put them in its current subsection (e) plan. If disapproved, the Administrator must within 30 days identify the waters and set loads he finds necessary, and the State must then put them in its plan.
(3) To develop information, each State must identify all waters not identified under (1)(A) or (B) and estimate their total maximum daily loads, including seasonal variations and safety margins, for suitable pollutants and thermal discharges, at levels protecting and propagating a balanced indigenous fish, shellfish, and wildlife population.
(4)(A) For listed waters where the applicable standard has not been met, an effluent limit based on a load or other waste-load allocation under this section may be revised only if the combined effect of all revised limits will ensure the standard is met, or the unmet designated use is removed under regulations under this section.
(4)(B) For listed waters whose quality meets or exceeds levels protecting the designated use or otherwise required by standards, an effluent limit, load or allocation, water-quality standard, or other permitting standard under this section may be revised only if the revision follows and is consistent with the antidegradation policy established under this section.
(e) Continuing planning process.
(1) Each State must have a continuing planning process approved under paragraph (2) and consistent with this chapter.
(2) Within 120 days after October 18, 1972, each State must submit a compliant proposed process for approval. The Administrator must approve or disapprove it within 30 days, and must periodically review an approved process to ensure continuing consistency. The Administrator may not approve a State’s subchapter IV permit program without an approved process.
(3) The Administrator must approve a process that will produce plans for all the State’s navigable waters containing at least: (A) effluent limits and compliance schedules at least as strict as sections 1311(b)(1), 1311(b)(2), 1316, and 1317 and applicable standards; (B) all applicable area-wide and basin-plan elements under sections 1288 and 1289; (C) pollutant total maximum daily loads under subsection (d); (D) revision procedures; (E) enough authority for government cooperation; (F) implementation, including compliance schedules, for revised or new standards under subsection (c); (G) controls on disposal of all leftover waste from water treatment; and (H) a priority-ranked inventory of construction needs for waste-treatment works^* required by sections 1311 and 1312.
(f) Earlier compliance. This section does not affect a State limit or compliance schedule required before the dates in section 1311(b)(1) or (2), and does not prevent a State from requiring compliance earlier.
(g) Heat standards. Heat-related water-quality standards must comply with section 1326.
(h) Thermal standards. For this chapter, “water quality standards” includes thermal water-quality standards. This section does not define “thermal.”
(i) Coastal recreation criteria.
(1)(A) Within 42 months after October 10, 2000, each State with coastal recreation waters^* must adopt and submit criteria and standards for those waters for pathogens and pathogen indicators for which the Administrator published criteria under section 1314(a).
(1)(B) Within 36 months after the Administrator publishes new or revised criteria under section 1314(a)(9), each such State must adopt and submit new or revised standards for all pathogens and indicators to which those criteria apply.
(2)(A) If a State fails to adopt standards under (1)(A) that protect human health as much as the Administrator’s published criteria, the Administrator must promptly propose State regulations with new or revised standards for the listed pathogens and indicators in that State’s coastal recreation waters.
(2)(B) If those regulations are proposed under subsection (c)(4)(B), the Administrator must publish the new or revised standard by 42 months after October 10, 2000.
(3) Unless this subsection expressly says otherwise, subsection (c)’s requirements and procedures apply, including the requirement that criteria protect public health and welfare.