---
kind: "section"
citation: "40 C.F.R. § 131.5"
title: "40"
number: "131.5"
heading: "EPA authority."
url: "https://uscodex.org/cfr/40/131.5"
---

# §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:
  - (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](/cfr/40/131.11.md);
  - (3) Whether the State has adopted an antidegradation policy that is consistent with [§ 131.12](/cfr/40/131.12.md), and whether any State adopted antidegradation implementation methods are consistent with [§ 131.12](/cfr/40/131.12.md);
  - (4) Whether any State adopted WQS variance is consistent with [§ 131.14](/cfr/40/131.14.md);
  - (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](/cfr/40/131.15.md);
  - (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](/cfr/40/131.6.md) of this part and, for Great Lakes States or Great Lakes Tribes (as defined in [40 CFR 132.2](/cfr/40/132.2.md)) to conform to section 118 of the Act, the requirements of [40 CFR part 132](/cfr/40/part132.md).
  - (9) Where applicable, whether State adopted water quality standards are consistent with [§ 131.9](/cfr/40/131.9.md).
- (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)](#a-1..a-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)](/cfr/40/303.md?p=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)](#a-1..a-9) 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](/cfr/40/401.md) in any case where a State or interstate agency has no authority for issuing such certifications.

## Notes

### Amendments

[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]

### Authority

Authority: 33 U.S.C. 1251 et seq.

### Source

Source: 48 FR 51405, Nov. 8, 1983, unless otherwise noted.

### Amendments

[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]