EPA Revises Rule Governing State Water Quality Standards Review And Approval Process

On August 21, 2015, EPA issued a final rule revising its regulations governing the development, review and approval of state water quality standards ("WQS") (40 CFR Part 131). The revisions were prompted by requests from the states for increased clarity in the existing rule, as well as the need for greater flexibility.  The rule includes changes that expand EPA's authority to review state WQS in several ways.

EPA added new provisions allowing it to review state antidegradation policies and related implementation methods for consistency with EPA regulations.  EPA explained how states may apply antidegradation policies – either on a parameter-by-parameter basis or on a water body-by-water body basis.