25 Pa. Code § 9.123
Federal Regulation
Although Congress has placed primary responsibility to comply with the Clean Water Act with the states, this fact did not change the mandatory duty of the Environmental Protection Agency’s Administrator referred to in 33 U.S.C.A. § 1313(c). Section 1313(c) requires the Administrator to approve a state’s revised water quality standard within 60 days or to reject it within 90 days. Thus, a 19-month delay in preparing and publishing proposed regulations was not fulfilling a public duty ‘‘promptly,’’ as commanded by Congress. Raymond Profitt Found. v. U.S.E.P.A., 930 F. Supp. 1088 (E. D. Pa. 1996).
Prompt Action Required
Nothing in the Clean Water Act prevents Pennsylvania from engaging in a comprehensive review of its antidegradation program. Indeed, the state’s evaluation of its water quality standard through a reg -neg process will educate interested parties as to the Act’s requirements and enable Pennsylvania to submit a more informed Triennial Review package. However, the fact that Pennsylvania has opted to undertake this consensus-building approach can not trump Congress’s clear mandate that the EPA promptly prepare and publish a water quality standard for the state if the EPA has disapproved the state’s standard. The Raymond Profitt Found. v. The United States Environmental Protection Agency, 930 F. Supp. 1088 (E. D. Pa. 1996).