Influencing Water Quality Standards Two

Petitioning for changes to water quality standards

One common state procedure for public-initiated changes is a “petition for rulemaking.” Many states’ administrative rules allow interested parties, including public interest groups, to petition state agencies to amend environmental and other types of rules.

Don’t be intimidated by the term “rulemaking petition.” You won’t have to conduct a door-to door campaign to secure hundreds or thousands of signatures to create an overwhelming show of public support. State rulemaking petitions are simply formal requests for a state agency to amend its rules in a particular way. Corporations, associations and public interest organizations can submit a rulemaking petition, and most states allow them to be submitted by individuals.

State rules about how to petition for rule changes vary, but you may not need any signatures other than your own to put the process in motion. Of course, strong public support for the proposed change can’t hurt. Even if it is not legally required to start the process, widespread support may be the key to getting your proposal on the fast track to success.

It is desirable to have legal help in pursuing changes to your state’s regulations. You should seek an attorney that has a good working knowledge of the state’s administrative rules, in addition to an understanding of the basic Clean Water Act principles at issue.

If your state does not have a citizen petition procedure like the one described above, it should have some other method that provides for proactive public involvement. Your state environmental agency, state attorney general’s office or regional EPA office can tell you how to find and follow the rules.

If you are not satisfied with your state’s public involvement procedures, you can focus on improvements to them as a key objective for the next triennial review. Alternatively, you might take your concerns directly to the EPA, your state environmental commission, governor, attorney general, legislature or media.

Turning to the EPA

If serious problems with your with state’s water quality standards remain after you have given one or more of the public involvement avenues a try, it is time to consider either persuading the EPA to take action or going to court.

Schedule a meeting at your regional EPA headquarters. Ask to meet with at least two or three officials with responsibilities for your state. Precede your trip with a formal letter summarizing your concerns, documenting your claims with facts, and explaining the actions you believe should be taken. (The paper trail you have been keeping will begin to be especially handy now.)

If you have kept EPA officials in the loop from the start, your chances of getting quick results will be best. Like the rest of us, agency officials prefer hearing about emerging issues in the first hour, not the eleventh.