Federal Supervision of State Water Quality Standards Under the Clean Water Act

53 Pages Posted: 31 Jan 2015

See all articles by Jeffrey M. Gaba

Jeffrey M. Gaba

Southern Methodist University - Dedman School of Law

Date Written: October 1, 1983

Abstract

The water quality standards provisions of section 303 of the Clean Water Act establish one of the basic mechanisms by which restrictions can be placed on the discharge of pollutants to the nation’s waters. This article discusses the history of the water quality standards program, and the role and structure of water quality standards under the Clean Water Act. Although nominally established by states, water quality standards are subject to review and approval by the Environmetnal Protection Agency. The article specifically addresses EPA policies that establish minimum requirements for approval of state water quality standards. Among other things, the article discusses issues associated with federal provisions establishing 1) the so-called “fishable/swimmable” minimum designated use and justifications of “downgrading” this use, 2) complex “anti-degradation” requirements for state water quality standards, and 3) requirements for state justification of specific criteria values.

Suggested Citation

Gaba, Jeffrey M., Federal Supervision of State Water Quality Standards Under the Clean Water Act (October 1, 1983). Vanderbilt Law Review, Vol. 36, 1167, 1983, Available at SSRN: https://ssrn.com/abstract=2557692

Jeffrey M. Gaba (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States
214-768-2710 (Phone)
214-768-4330 (Fax)

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