754 



strates at such hearing that f whether or not such 

 technology or other alternative control strategies are 

 available! there is no reasonable relationship be- 

 tween the economic and social costs and the bene- 

 fits to be obtained (including attainment of the ob- 

 jective of this chapter), such limitation shall not 

 become effective and the Administrator shall adjust 

 such limitation as it applies to such person. 



(c) The establishment of effluent limitations under 

 this section shall not operate to delay the application 

 of any effluent limitation established under section 

 1311 of this title. (June 30. 1948. ch. 758, title III, 

 § 302, as added Oct. 18, 1972, Pub. L. 92-500, § 2, 86 

 Stat. 846.) 



§1313. Water quality standards and implementation 

 plans. 



(a) ExistinK water quality standards. 



(1) In order to carry out the purpose of this chap- 

 ter, any water quality standard applicable to inter- 

 state waters which was adopted by any State and 

 submitted to, and approved by, or is a waiting ap- 

 proval by, the Administrator pursuant to this Act 

 as in effect immediately prior to the date of enact- 

 ment of the Federal Water Pollution Control Act 

 Amendments of 1972, shall remain in effect unless 

 the Administrator determined that such standard is 

 not consistent with the applicable requirements of 

 this Act as in effect immediately prior to the date of 

 enactment of the Federal Water Pollution Control 

 Act Amendments of 1972. If the Administrator makes 

 such a determination he shall, within three months 

 after October 18. 1972. notify the State and specify 

 the changes needed to meet such requirements. If 

 such changes are not adopted by the State within 

 ninety days after the date of such notification, the 

 Administrator shall promulgate such changes in ac- 

 cordance with subsection (b) of this section. 



(2) Any State which, before October 18, 1972, 

 has adopted, pursuant to its own law, water quality 

 standards applicable to intrastate waters shall sub- 

 mit such standards to the Administrator within 

 thirty days after October 18, 1972. Each such stand- 

 ard shall remain in effect, in the same manner and 

 to the same extent as any other water quality stand- 

 ard established under this chapter unless the Ad- 

 ministrator determines that such standard is incon- 

 sistent with the applicable requirements of this Act 

 as in effect immediately prior to the date of enact- 

 ment of the Federal Water Pollution Control Act 

 Amendments of 1972. If the Administrator makes 

 such a determination he shall not later than the one 

 hundred and twentieth day after the date of sub- 

 mission of such standards, notify the State and 

 specify the changes needed to meet such require- 

 ments. If such changes are not adopted by the State 

 within ninety days after such notification, the Ad- 

 ministrator shall promulgate such changes in ac- 

 cordance with subsection (b) of this section. 



(3) (Ai Any State which prior to October 18. 1972, 

 has not adopted pursuant to its own laws water qual- 

 ity standards applicable to intrastate waters shall, 

 not later than one hundred and eighty days after 

 October 18. 1972, adopt and submit such standards 

 to the Administrator. 



(Bi If the Administrator determines that any 



such standards are consistent with the applicable re- 

 quirements of this Act as in effect immediately prior 

 to the date of enactment of the Federal Water Pollu- 

 tion Control Act Amendments of 1972, he shall ap- 

 prove such standards. 



(C) If the Administrator determines that any such 

 standards are not consistent with the applicable re- 

 quirements of this Act as in effect immediately prior 

 to the date of enactment of the Federal Water Pollu- 

 tion Control Act Amendments of 1972, he shall, not 

 later than the ninetieth day after the date of sub- 

 mission of such standards, notify the State and 

 specify the changes to meet such requirements. If 

 such changes are not adopted by the State within 

 ninety days after the date of notification, the Ad- 

 ministrator shall promulgate such standards pur- 

 suant to subsection (b) of this section. 



(b) Proposed regulations. 



( 1 ) The Administrator shall promptly prepare 

 and publish proposed regulations setting forth water 

 quality standards for a State in accordance with the 

 applicable requirements of this Act as in effect im- 

 mediately prior to the date of enactment of the 

 Federal Water Pollution Control Act Amendments of 

 1972, if— 



(A) the State fails to submit water quality 

 standards within the times prescribed in subsec- 

 tion (a) of this section. 



(B) a water quality standard submitted by such 

 State under subsection (a) of this section is de- 

 termined by the Administrator not to be consistent 

 with the applicable requirements of subsection (a) 

 of this section. 



(2) The Administrator shall promulgate any water 

 quality standard published in a proposed regulation 

 not later than one hundred and ninety days after 

 the date he publishes any such proposed standard, 

 unless prior to such promulgation, such State has 

 adopted a water quality standard which the Admin- 

 istrator determines to be in accordance with subsec- 

 tion (a) of this section. 



(c) Review; revised standards; publication. 



(1) The Governor of a State or the State water 

 pollution control agency of such State shall from 

 time to time (but at least once each three year pe- 

 riod begmning with October 18. 1972) hold public 

 hearings for the purpose of reviewing applicable 

 water quality standards and, as appropriate, modify- 

 ing and adopting standards. Results of such review 

 shall be made available to the Administrator. 



(2) Whenever the State revises or adopts a new 

 standard, such revised or new standard shall be sub- 

 mitted to the Administrator. Such revised or new 

 water quality standard shall consist of the desig- 

 nated uses of the navigable waters involved and the 

 water quality criteria for such "waters based upon 

 such uses. Such standards shall be such as to protect 

 the public health or welfare, enhance the quality of 

 water and serve the purposes of this chapter. Such 

 standards shall be established taking into considera- 

 tion their use and value for public water supplies, 

 propagation of fish and wildlife, recreational pur- 

 poses, and agricultural, industrial, and other pur- 

 poses, and also taking into consideration their use 

 and value for navigation. 



