[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR131.5]

[Page 369-370]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 131--WATER QUALITY STANDARDS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 131.5  EPA authority.

    (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:

[[Page 370]]

    (1) Whether the State has adopted water uses which are consistent 
with the requirements of the Clean Water Act;
    (2) Whether the State has adopted criteria that protect the 
designated water uses;
    (3) Whether the State has followed its legal procedures for revising 
or adopting standards;
    (4) 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
    (5) Whether the State submission meets the requirements included in 
Sec. 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.
    (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 (a)(5) 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 (a)(5) of this section. EPA may also 
promulgate a new or revised standard when necessary to meet the 
requirements of the Act.
    (c) Section 401 of the Clean Water Act authorizes EPA to issue 
certifications pursuant to the requirements of section 401 in any case 
where a State or interstate agency has no authority for issuing such 
certifications.

[48 FR 51405, Nov. 8, 1983, as amended at 56 FR 64894, Dec. 12, 1991; 60 
FR 15387, Mar. 23, 1995]