U.S. ENVIRONMENTAL PROTECTION AGENCY: PROPOSED REGULATIONS TO IMPLEMENTSALINITY CONTROL FOR THE COLORADO RIVER SYSTEMSource: International Legal Materials, Vol. 13, No. 5 (SEPTEMBER 1974), p. 1215Published by: American Society of International LawStable URL: http://www.jstor.org/stable/20691328 .

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1215

U.S. ENVIRONMENTAL PROTECTION AGENCY: PROPOSED REGULATIONS TO IMPLEMENT SALINITY CONTROL FOR THE COLORADO RIVER SYSTEM*

ENVIRONMENTAL PROTECTION AGENCY

[40CFRPart 120] COLORADO RIVER SYSTEM

Salinity Control Policy and Standards Procedures

The purpose of this notice is to pro pose amendments to 40 CFR Part 120, to set forth a salinity control poUcy and procedures and requirements for estab

lishing water quality standards for salin ity and a plan of implementation for salinity control in the Colorado River System which lies within the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming pur suant to section 303(b) of the Federal

Water Pollution Control Act, as amended (33 U.S.C. 1313(b)). The Colorado

River System means that portion of the Colorado River and its tributaries within the United States of America. High salinity (total dissolved solids)

is recognized as a significant water qual ity problem causing adverse impacts on

water uses. Salinity concentrations are affected by two basic processes: (a) Salt loading?the addition of mineral salts from various natural and man-made sources, and (b) salt concentrating? the loss of water from the system through stream depletion.

Studies to date have demonstrated that the high salinity of stream systems can be alleviated. Although further study may be required to determine the eco nomic and technical feasibfiity of con trolling specific sources, sufficient infor mation is available to develop a salinity control program.

Salinity standards for the Colorado River System would be useful in the formulation of an effective salinity con trol program. In developing these stand

ards, the seven states must cooperate with one another and the Federal Gov ernment to support and implement the conclusions and recommendations adopt ed April 27, 1972, by the reconvened 7th Session of the Conference in the Mattar of Pollution of the Interstate Waters of the Colorado River and its Tributaries.

As a measure to implement the recom mendations of the Conference and meet

the requirements of the Act, a salinity control policy is proposed to be promul gated and proposed regulations are set forth which would require the develop

ment and adoption of water quality standards for salinity and a plan of im plementation for salinity control for the Colorado River System. The first step will be the establishment of procedures within 30 days of the effective date of these regulations which will lead to adop tion on or before October 18, 1975, of water quality standards for salinity in cluding numeric criteria and an imple

mentation plan for salinity control. In consideration of the foregoing, it is

hereby proposed that 40 CPR Part 120 be amended as follows:

1. Section 120.5 is added to read as set forth below:

?120.5 Colorado River System Salinity Standards and Implementation Plan.

(a) "Colorado River System" means that portion of the Colorado River and its tributaries within the United States of America.

(b) It shall be the policy that the flow weighted average annual salinity in the lower main stem of the Colorado River System be maintained at or belo^v the average value found during 1972. To carry out this policy, water quality standards for salinity and a plan of im plementation for salinity control shaU be developed and implemented in ac cordance with the principles of para graph (c) of this section, below.

(c) The States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming are required to adopt and submit for approval to the Environ

mental Protection Agency on or before October 18,1975:

(1) adopted water quality standards for salinity including numeric criteria consistent with the policy stated above for appropriate points in the Colorado River System, and

(2) a plan to achieve compliance with these standards as expeditiously as prac ticable providing that:

(i) The plan shall identify State and Federal regulatory authorities and pro grams necessary to achieve compliance

with the plan. (ii) The salinity problem shall be

treated as a basinwide problem that needs to be solved in order to maintain lower main stem salinity at or below 1972 levels while the basin States continue to develop their compact-apportioned waters.

(iii) The goal of the plan shall be to achieve compliance with the adopted standards by July 1, 1983. The date of compliance with the adopted standards shall take into account the necessity for Federal salinity control actions set forth in the plan. Abatement measures within the control of the States shall be imple

mented as soon as practicable.

(iv) Salinity levels in the lower main stem may temporarily increase above the 1972 levels if control measures to offset the increases are included in the control plan. However, compliance with 1972 levels shall be a primary consideration.

( ) The feasibility of establishing an interstate institution for salinity man agement shall be evaluated.

(d) The States are required to submit to their respective EPA Regional Ad achieving (b) and (c) above within 30 days of the effective date of these regu lations. EPA will on a quarterly basis determine the progress being made in the development of salinity standards and the implementation plan.

1120.10 [Amended] 2. Section 120.10 is amended by adding

to the paragraphs entitled "Arizona," "California/' "Colorado," "Nevada," "New Mexico," "Utah," and "Wyoming" a salinity control policy and procedures and requirements for establishing water quality standards for salinity and a plan of implementation for salinity control in the Colorado River System, as promul gated in the Federal Register on (39 PR ).

(Sec. 303(b), Pub. L. 92-500, 86 Stat. 816 (33 TJ.S.C. 1313(b)).)

Issued on June 10,1974. John Qxjarles,

Acting Administrator. [FR Doc.74-13683 FUed 6-12-74;8:45 amj

*[Reproduced from the U.S. Federal Register of June 13, 1974, p. 20703.

Section 303(b) of the Federal Water Pollution Control Act, as amended, appears at 12 I.L.M. 660 (1973). The Colorado River Basin Salinity Con trol Act of June 24, 1974, appears at 13 I.L.M. 989 (1974).]

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