800R80911
/XT A
NATIONAL SUMMARY
OF
STATE WATER QUALITY STANDARDS
ANTIDEGRADATIQN
OCTOBER, 1980
PREPARED FOR
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CRITERIA AND STANDARDS DIVISION
401 M STREET, S. W.
WASHINGTON, D. C. 20460
PREPARED BY
NALESNIK ASSOCIATES INCORPORATED
505 ELEVENTH STREET, S. E.
WASHINGTON, D. C. 20003
Contract Number 68-01-6058
Project Number WA-80-A055
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INTRODUCTION
This digest is compiled to provide general information to the public as well as to
Federal, State, and local officials. It contains excerpts from the individual
Federal-State water quality standards establishing pollutant specific criteria for
interstate surface waters. The water quality standards program is implemented by
the U. S. Environmental Protection Agency where responsibility for providing
water quality recommendations, approving State-adopted standards for interstate
waters, evaluating adherence to the standards, and overseeing enforcement of
standards compliance, has been mandated by Congress.
Standards, a nationwide strategy for surface water quality management, contain
three major elements: the use (recreation, drinking water, fish and wildlife
propagation, industrial, or agricultural) to be made of the navigable water; criteria
to protect these uses; and an antidegradation statement to protect existing high
quality waters, from degradation by the addition of pollutants.
Water quality criteria (numerical or narrative specifications) for physical,
chemical, temperature, and biological constituents are stated in the July 1976 U. S.
Environmental Protection Agency publication Quality Criteria for Water (QCW),
available from the Government Printing Office, Washington, D. C. The 1976 QCW,
commonly referred to as the "Red Book," is the most current compilation of
scientific information used by the Agency as a basis for assessing water quality.
This publication is subject to periodic updating and revisions in light of new
scientific and technical information.
Antidegradation policies in State Water quality standards are the subject of this
digest. The Agency recommends that each state adopt such a policy into its water
quality standards.* There are several key concepts to be included as minimum
requirements into this policy. These are:
(1) In all cases, existing instream beneficial stream uses must be
maintained;
(2) High quality waters must be maintained unless the State decides
to allow limited degradation where economically or socially
justified (limited degradation is permitted to the extent at which
water quality criteria necessary to sustain the national water
quality goals uses are maintained);
(3) Outstanding national resource waters must be maintained and
protected and;
(4) Thermal discharge limitations, as specified under Section 316(a)
of the Clean Water Act as amended in 1977, will be considered to
be in compliance with this policy.
* Guidelines for State and Areawide Water Quality Management Program
Development; Chapter 5, Water Quality Standards.
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Since water quality standards experience revisions and upgrading from time to
time, following procedures set forth in the Clean Water Act, individual entries in
this digest may be superseded. As these revisions are accomplished and allowing
for the States to revise their standards accordingly, this digest will be updated and
reissued. Because this publication is not intended for use other than as a general
information resource, to obtain the latest information and for special purposes and
applications, the reader needs to refer to the current approved water quality
standards. These can be obtained from the State water pollution control agencies
or the EPA $r Regional Offices.
Individual State-adopted criteria follow:
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REFERENCES
A
California Water Quality Standards by River Basins, c.a. 1975
For more detailed information on selected basins, sub-basins
and stretches of streams and coastal areas refer to California
State Water Quality Standards.
D
Delaware Water Quality Standards, March 25, 1979
Q
Idaho Water Quality Standards, c.a. September, 1979
Missouri Water Quality Standards, c.a. February, 1978
£
American Samoa Water Quality Standards,
Revised July, 1973
Territory of Guam Water Quality Standards, Sept. 1975
/~i
Trust Territory of the Pacific Islands Water Quality
Standards, October 21, 1973
TT
Virgin Islands Water Quality Standards, Aug. 1973
ENVIRONMENT REPORTER, The Bureau of National Affairs, Inc.
Washington, D. C. 20037
1 Pages 701:0501-0509, February 16, 1979
2 Pages 706:1004-1008, July 20, 1979
3 Pages 711:0542-0544, August 5, 1977
4 Pages 716:0603, March 26, 1976
5 Pages 726:1005, 1011-1013, March 7, 1980
Basic Water Quality Standards adopted May 22, 1979,
have not yet been submitted to EPA for formal approval.
6 Pages 731:1002-1009, September 8, 1978
7 Pages 746:1008-1014, October 19, 1979
8 Pages 751:0504-0505, January 25, 1980
9 Pages 765:0512-0515, January 30, 1976
10 Page 761:0503-0504, 1973
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11 Page 766:0504-0509, October 5, 1979
12 Pages 771:0502-0504, September 29, 1978
13 Pages 776:0504-0506, April 10, 1979
14 Pages 781:0501-0502, May 18, 1979
15 Pages 786:0501-0502, August 29, 1975
16 Page 791:0583, May 26, 1978
17 Pages 796:0103-0108, February 16, 1979
18 Pages 801:1001-1002, Sept. 29, 1978
19 Page 806:1003, March 30, 1979
90
Page 811:1043, 1974
21 Pages 816:0602-0607, 0642-0648, 1974
99
Pages 821:0502-0505, June 30, 1978
0-3
Pages 831:0501-0510, February 21, 1975
94
Page 836:0502, June 30, 1978
95
Pages 841:0507-0537, December 7, 1979
26 Pages 846:0501-0508, November 17, 1978
97
Pages 851:1001-1023, December 15, 1978
op
Pages 856:1001-1002, July 18, 1978
on
Pages 861:1002-1007, August 11, 1979
Of)
Pages 866:1004-1009, December 28, 1979
31 Pages 871:0501-0506, November 25, 1977
QO
Pages 876:1001-1043, May 26, 1978
00
Pages 881:1001-1007, September 21, 1979
04
Pages 886:0513-0524, August 29, 1975
oc
Pages 891:1001-1129, November 16, 1979
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Pages 901:0501-0505, November 3, 1978
Q7
Pages 906:0501-0506, October 13, 1978
OQ
Pages 911:0501-0507, June 22, 1979
39
Pages 916:0541-0544, April 14, 1978
40
Pages 921:1001-1003, August 13, 1976
1 Pages 926:0541-0563, January 26, 1979
49
Pages 931:0501-0508, May 26, 1978
43
Pages 936:1001-1003, June 27, 1975
44
Pages 941:1001-1005, May 26, 1978
45
Pages 946:0501-0520, July 14, 1978
46
Pages 951:1002-1003, April 28, 1978
47 Pages 956:1001-1007, January 11, 1980
48 Page 741:1002, November 23, 1979
49
Pages 896:0301-0310, March 31, 1978
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ANTIDEGRADATION
State
Alabama
The purpose and intent of the water quality standards is to
conserve the waters of the State of Alabama and to
protect, maintain and improve the quality thereof for
public water supplies for the propagation of wildlife, fish
and aquatic life, and for domestic, agricultural, industrial,
recreational and other legitimate beneficial uses; and to
provide for the prevention, abatement and control of new
or existing water pollution. Waters of high quality located
within national and state parks and other areas which
constitute an outstanding national resource shall be main-
tained at such high quality.
Waters of quality higher than that established by the
standards as of the effective date of such standards shall
be maintained at that high quality water provided that the
Commission has the authority to approve a new or
increased discharge of waste to a high quality water upon
demonstration that such discharge is necessary for
economic or social development.
(1) In no case will developments constituting a new or
increased source of pollution to high quality waters be
allowed to install or operate less than the highest and best
degree of treatment available under existing technology.
This degree of treatment for industrial and municipal
waste is generally considered to be a minimum of
secondary treatment as described in Alabama Water
Quality Standards. Where necessary to protect existing
and future beneficial uses, a higher degree of treatment
may be required.
(2) Developments constituting a new or increased source
of thermal pollution shall assure that such release will not
impair the propogation of a balanced indigenous population
of fish and aquatic life.
(3) In applying these policies and requirements, the State
of Alabama will recognize and protect the interests of the
federal government. Toward this end the Commission will
consult and cooperate with the Environmental Protection
Agency on all matters affecting the Federal interest.
Alaska
The reclassification of the state under this section is the
exclusive procedure by which the department will change
the use designations of waters. Proposed reclassifications
by the department will conform to (d)-(i) of this section.
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State
Alaska
(con't)
The use classification applicable to waters may not be
challenged in a permit proceeding under 18 AAC 15 .020-
100, a certification proceeding under 18 AAC 15.130-180,
or in a judicial proceeding other than a timely suit for
judicial review of a decision under this section. A petition
for reclassification under this section may be filed at the
same time as an application for a wastewater disposal
permit under 18 AAC 15.010(a)(9) or 18 AAC 15.100(d), or
an application for certification under 18 AAC 15.130 or 18
AAC 15.180; however, any deadlines applicable to those
proceedings will be held in abeyance pending the outcome
of the decision under this section.
Arizona*"
Waters whose existing quality is better than the established
standards shall not be lowered in quality unless and until it
has been affirmatively demonstrated to the State Water
Quality Control Council that such change is justifiable as a
result of necessary economic or social development and
will not interfere with or become injurious to any assigned
uses made of, or presently possible in, such waters. Any
industrial, public or private project or development which
could constitute a new source of pollution or an increased
source of pollution to high quality waters will be required,
as part of the initial project design, to provide the best
available technology economically achievable.
Arkansas
It is recognized that certain waters of the State possess an
existing quality which is better than established standards.
The quality of these waters will be maintained unless and
until it has been affirmatively demonstrated to the Com-
mission that any reduction in quality is justifiable as a
result of necessary economic and social development. The
water quality criteria herein contained shall not be con-
strued as permitting any waste amenable to'treatment or
control to be discharged into any waters of the State of
Arkansas without reasonable treatment or control. The
Arkansas Water and Air Pollution Control Act provides,
among other things, that it shall be unlawful for any person
to discharge any waste into any waters of the State
without having first obtained a written permit from the
Department of Pollution Control and Ecology (hereinafter
referred to as "Department"). A disposal permit may not
be issued unless there is submitted to the Department plans
and specifications for a disposal system adequate to treat
or control wastes so as not to cause water pollution as
defined in the Act. Such treatment or control must be
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State
Arkansas
(con't)
consistent with the state of the art and best practicable
control technology, the minimum requirements being
secondary treatment or equivalent, giving due regard to
the quality and flow of the receiving waters, the present,
future and potential uses of such waters, economic feasi-
bility, and other relevant factors. The Commission will
cooperate with the U. S. Environmental Protection Agency
in implementing the Arkansas Water Quality Standards in
general and this non-degradation policy in particular,
including the furnishing of relevant information and data.
CaliforniaA
On October 28, 1968, the State Board adopted Resolution
No. 68-16, "Statement of Policy with Respect to Main-
taining High Quality of Waters in California". While
requiring the continued maintenance of existing high qua-
lity waters, the policy provides conditions under which a
change in water quality is allowable. A change must:
be consistent with maximum benefit to the people of
the State.
not unreasonably affect present and anticipated
beneficial uses of water, and
not result in water quality less than that prescribed
in water quality control plans or policies.
Colorado"
(1) Existing uses shall be maintained as required by state
and federal law. No further water quality degradation is
allowable which would interfere with or become injurious
to existing uses.
(2) High Quality Waters — Class 1 — no degradation shall
be allowed in High Quality Waters— Class 1. These waters
shall be maintained and protected at their existing quality.
(3) High Quality Waters — Class 2 — these waters shall be
maintained and protected at their existing quality unless
the Commission chooses, after full intergovernmental
coordination and public participation, to allow lower water
quality as a result of necessary and justifiable economic or
social development. In no event, however, may degra-
dation of water quality interfere with or become injurious
to existing uses.
(4) Waters Other Than High Quality Waters — the numeric
values of waters other than high quality waters may
change; however, a quality must be maintained which will
protect the existing and classified uses.
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State
Connecticut
Waters with existing quality better than the established
standards as of the date such standards become effective
will be maintained at their existing high quality. These
waters of the state will not be lowered in such unless and
until it has been affirmatively demonstrated to the
Commissioner that such change is justifiable as a result of
necessary economic or social development and unless it
will not interfere with or become injurious to any assigned
uses made of, or presently possible in, such waters. Any
applicant for a permit for an industrial, public or private
project or development which would constitute a new
discharge to high quality waters will be required, if
provided a permit, to justify the project as described above
as part of the initial project design and to provide a
minimum level of treatment equal to or exceeding the
standards of performance for new sources promulgated
pursuant to the Federal Water Pollution Control Act.
Delaware
B
1. Delaware stream water quality shall be maintained so
that existing beneficial uses are protected. Any actions
that would interfere with or become injurious to existing
uses shall be prohibited.
2. High Quality waters shall be maintained at their desig-
nated high quality unless it is shown by the discharger to
the satisfaction of the Department that limited degra-
dation is economically and environmentally justifiable.
3. Degradation in violation of any water quality criteria
or standards contained herein shall be prohibited.
4. Upon receipt for an application for a permit to dis-
charge into a stream segment or subsegment designated as
high quality waters, whether an intermittent stream or not,
a public hearing may be held in accordance with the
provisions of 7 Del. C. I 6004 and 6006. It shall be the
responsibility of the applicant to demonstrate that the
proposed discharge will not cause degradation of such high
quality waters, or that limited degradation is economically
and environmentally justifiable. This shall include, inter
alia, an evaluation of alternative discharge sites and waste
disposal methods.
5. The hearing requirement imposed by 4. above shall not
be construed to impose a requirement for an additional
public hearing where such a hearing is otherwise held
pursuant to law, provided the requirements of this section
are thereby met.
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State
Delaware
(con't)
6. In implementing this policy, the Department of Natural
Resources and Environmental Control shall keep the Admi-
nistrator of the Environmental Protection Agency or his
designee advised and shall provide him with any infor-
mation he may need to discharge his responsibilities under
the Federal Clean Water Act of 1977 as amended.
Florida
The present and future most beneficial uses of the waters
of the state have been designated by the Department by
means of a classification system...Water Quality Standards
are established by the Department to protect the desig-
nated uses.
The quality of water which exceeds the minimum quality
necesary to support the designated use of these waters
shall be protected and enhanced. The quality of waters
which is lower than that necessary to support the desig-
nated use of those waters shall be protected and enhanced,
provided, however, the Department shall not strive to
abate natural conditions.
The highest protection shall be afforded to outstanding
Florida waters.
• 8
Georgia
Q
Hawaii
Those waters in the State whose existing quality is better
than the minimum levels established in standards on the
date standards become effective will be maintained at high
quality; with the State having the power to authorize new
developments, when it has been affirmatively demon-
strated to the State that a change is justifiable to provide
necessary social or economic development; and provided
further that the level of treatment required is the highest
and best practicable under existing technology to protect
existing beneficial water uses.
Not Specified
Idaho
10
Waters of the State may be designated as special resource
waters. Designation as a special resource water recognizes
at least one (1) of the following characteristics:
(a) The water is of outstandingly high quality, exceeding
both the standards for primary contact recreation
and cold water biota; or
(b) The water is of unique ecological significance; or
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State
Idaho (c) The water possesses outstanding recreational or
(con't) aesthetic qualities; or
(d) Intensive protection of the quality of the water is in
the paramount interest of the people of Idaho; or
(e) The water is a part of the National Wild and Scenic
River System, is within a State or National Park or
wildlife refuge and is of prime or major importance
to that park or refuge; or
(f) Intensive protection of the quality of the water is
necessary to maintain an existing, but jeopardized
beneficial use.
Restrictions on discharges and on activities which affect
water quality - 0.1 Point Source Discharges to Special
Resource Waters and Their Tributaries: No new point
source can discharge, and no existing point source can
increase its discharge, above the design capacity of the
existing waste water treatment facility to any water desig-
nated as special resource water or to the tributary of or to
the upstream segment of a special resource water, if
pollutants significant to the designated uses contained in
that discharge can or will result in a reduction of the
ambient water quality of the receiving special resource
water as measured immediately below the applicable
mixing zone.
.02 Discharges Which Result in Water Quality Standards
Violation: No pollutant may be discharged from a single
source or in combinations with pollutants discharged from
other sources in concentrations or in a manner that:
(a) Will or can be expected to result in a violation of
water quality standards applicable to the receiving
water body or downstream waters; or
(b) Will injure designated or protected beneficial uses.
.03 Limitations to Point Source Restrictions: So long as a
point source discharge or wastewater treatment facility is
regulated by the terms and conditions of an authorization
pursuant to Manual Section 1-2301, a Board order, decree
or compliance schedule, a valid discharge permit issued by
the U.S. Environmental Prection Agency, or is subject to
the provisions of Manual Section 1-2400.02, the discharge
or facility will not be subject to additional restrictions or
conditions based on Manual Sections 1-2200, 1-2300.01 or
l-2300.02(a).
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State
Idaho .04 Limitations to Nonpoint Source Restrictions: So long
(con't) as a nonpoint source activity is being conducted in accord-
ance with applicable rules, regulations and best manage-
ment practices as referenced in Manual Section 1-2300.05,
or in the absence of referenced applicable best manage-
ment practices, conducted in a manner that demonstrates a
knowledgeable and reasonable effort to minimize resulting
adverse water quality impacts, the activity will not be
subject to conditions or legal actions based on Manual
Sections 1-2300.01 or l-2300.02(a).
.05 Approved Best Management Practices: The following
are approved best management practices for the purpose of
Manual Section 1-2300.04:
(a) "Idaho Forest Practices Rules," as adopted by the
Board of Land Commissioners; and
(b) "Rules Governing Solid Waste Management," Title 1,
Chapter 6, Rules and Regulations of the Department
of Health and Welfare; and
(c) "Rules Governing Subsurface and Individual Sewage
Disposal Systems," Title 1, Chapter 3, Rules and
Regulations of the Department of Health and
Welfare; and
(d) "Rules and Regulations and Minimum Standards for
Stream-channel Alterations," as adopted by the Board
of Water Resources; and
(e) For the Spokane Valley Rathdrum Prairie Aquifer,
"Rathdrum Prairie Sewage Disposal Regulations," as
adopted by the Panhandle District Health
Department Board of Health and approved by the
Idaho Board of Health and Welfare.
.06 Activity Restrictions on Spokane Valley - Rathdrum
Prairie Aquifer: The waters of the Spokane Valley -
Rathdrum Prairie Aquifer, as described by the U. S.
Environmental Protection Agency in its designation as a
"sole source" aquifer under Section 1424(e) of the Safe
Drinking Water Act, must not be lowered in quality, as
relates to appropriate beneficial uses, as a result of a point
source or nonpoint source activity unless it is demonstrated
by the person proposing the activity that such change is
justifiable as a result of necessary economic or social
development.
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State
Idaho
(con't)
Short-Term Activity Exemption
.01 Short Term Activity Authorization: The Department or
the Board can authorize with whatever conditions deemed
necessary short-term activities even though such activities
can result in a violation of these rules.
.02 Authorization Limits: No activity can be authorized
through the provisions of Manual Section 1-2301 unless:
(a) The activity is essential to the protection or promo-
tion of public interest.
(b) No permanent or long-term injury of beneficial uses
is likely as a result of the activity.
.03 Eligible Activities: Activities eligible for authorization
under Manual Section 1-2301 include, but are not limited
to:
(a) Wastewater treatment facility maintenance; and
(b) Fish eradication projects, and
(c) Mosquito abatement projects; and
(d) Algae and weed control projects: and
(e) Dredge and fill activities; and
(f) Activities which result in overall enhancement or
maintenance of beneficial uses.
Illinois
Waters whose existing quality is better than the established
standards at the date of their adoption will be maintained
in their present high quality. Such waters will not be
lowered in quality unless and until it is affirmatively
demonstrated that such change will not interfere with or
become injurious to any appropriate beneficial uses made
of, or presently possible in such waters and that such
change is justifiable as a result of necessary economic or
social development.
Indiana
12
The following policies of nondegradation are applicable to
all waters of the State.
(a) (General) For all waters of the State, existing in-
stream beneficial uses shall be maintained and protected.
No degradation of water quality shall be permitted which
would interfere with or become injurious to existing uses.
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State
Illinois (b) (High Quality Waters) All waters whose existing
(con't) quality exceeds the standards established herein as of the
date on which this regulation becomes effective shall be
maintained in their present high quality unless and until it
is affirmatively demonstrated to the Board that limited
degradation of such waters is justifiable on the basis of
necessary economic or social factors and will not interfere
with or become injurious to any beneficial uses made of, or
presently possible, in such waters. In making a final
determination under this subsection, the Board shall give
appropriate consideration to public participation and inter-
governmental coordination.
(c) (National or State Resource Waters) All waters of
high quality, as defined in Section 2(b), which are desig-
nated by the Board to be an outstanding National or State
resource shall be maintained in their present high quality
without degradation. Similarly, all waters incorporated by
the Indiana Department of Natural Resources into the
Natural, Scenic, and Recreational Rivers System shall be
maintained in their present quality.
(d) Any determination made by the Board in accordance
with Section 316 of the Federal Water Pollution Control
Act Amendments of 1972 (FWPCA) concerning alternative
thermal effluent limitations will be considered to be con-
sistent with the policies enunciated in this section.
The following policies of nondegradation are applicable to
all waters of Lake Michigan. (330 IAC 2-1)
(a) Harbor areas. For all waters of the contiguous harbor
areas, designated beneficial uses shall be maintained and
protected.
(b) Lake Michigan Open Waters. All open waters of Lake
Michigan whose existing quality exceeds the standards
established herein as of the date on which this regulation
(330 IAC 2-1) become effective shall be maintained in their
present high quality unless and until it is affirmatively
demonstrated to the Board that limited degradation of such
waters is justifiable on the basis of necessary economic or
social factors and will not interfere with or become
injurious to any beneficial uses made of, or presently
possible, in such waters. In making a final determination
under this subsection, the Board shall give appropriate
consideration to public participation and intergovernmental
coordination.
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State
Illinois (c) National or State Resource Waters. All waters of high
(con't) quality, as defined in Section 2(b) (subsection (b) of this
section), which are designated by the Board to be out-
standing National or State resource shall be maintained in
their present high quality without degradation. Similarly,
all waters incorporated by the Indiana Department of
Natural Resources into the Natural, Scenic, and Recrea-
tional Rivers Systems shall be maintained in their present
quality as well as those portions of Lake Michigan incor-
porated in the Dunes National Lakeshore.
(d) Any determination made by the Board in accordance
with Section 316 of the Federal Water Pollution Control
Act Amendments of 1972 (FWPCA) concerning alternative
thermal effluent limitations will be considered to be
consistent with the policies enunciated in this section.
Nondegradation Policies. The following policies of non-
degradation are applicable to all waters of the Grand
Calumet River and the Indiana Harbor Ship Canal: (330 IAC
2-2)
(a) General. For all waters existing instream beneficial
uses shall be maintained and protected. No degradation of
water quality shall be permitted which would interfere
with or become injurious to existing uses.
(b) Higher Quality Waters. All waters whose existing
quality exceeds the standards established herein, as of the
date on which this regulation (330 IAC 2-2) becomes
effective, shall be maintained in their present quality
unless and until it is affirmatively demonstrated to the
Board that limited degradation of such waters is justifiable
on the basis of necessary economic or social factors and
will not interfere with or become injurious to any bene-
ficial uses made of, or presently possible, in such waters.
In making a final determination under this subsection, the
Board'shall give appropriate consideration to public parti-
cipation and intergovernmental coordination.
(c) Any determination made by the Board, in accordance
with Section 316(a) of the Federal Water Pollution Control
Act Amendments of 1972 (FWPCA), concerning alternative
thermal effluent limitations, will be considered to be
consistent with the policies enunciated in this section.
Sec. 2. Nondegradation Policies. The following policies of
nondegradation are applicable to all waters contained in
this regulation (330 IAC 2-3).
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State
Illinois (a) General. For all waters of the Wolf Lake Proper and
(con't) Wolf Lake Channel, existing instream beneficial uses shall
be maintained and protected. No degradation of water
quality shall be permitted unless and until it is affirma-
tively demonstrated to the Board that limited degradation
of such waters is justifiable on the basis of necessary
economic or social factors and will not interfere with or
become injurious to any beneficial uses made of, or
presently possible, in such waters. In making a final
determination under this subsection, the Board shall give
appropriate consideration to public participation and inter-
governmental coordination.
(b) Any determination made by the Board in accordance
with Sec. 316 of the Federal Water Pollution Control Act
Amendments of 1972 (FWPCA) considering alternate
thermal effluent limitations will be considered to be
consistent with the policies enunciated in this Section.
Sec. 1 Nondegradation Policies. The following policies of
nondegradation are applicable to all waters covered by this
regulation (330 IAC 2-4).
(1) High Quality Waters: All waters whose existing quality
exceeds the standards established herein as of the date on
which this regulation (330 IAC 2-4) becomes effective shall
be maintained in their present high quality unless and until
it is affirmatively demonstrated to the Board that limited
degradation of such waters is justifiable on the basis of
necessary economic or social factors and will not interfere
with or become injurious to any beneficial uses made of, or
presently possible, in such waters. In making a final
determination under this subsection, the Board shall give
appropriate consideration to public participation and inter-
governmental coordination.
(2) National or State Resource Waters: All waters of high
quality, as defined in Section A.I (subsection (1) of this
section), which are designated by the Board to be out-
standing national or state resource shall be maintained in
their present high quality without degradation. Similarly,
all waters incorporated by the Indiana Department of
Natural Resources into the Natural, Scenic, and Recrea-
tional Rivers Systems shall be maintained in their present
quality as well as those waters incorporated in the Dunes
National Lakeshore.
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State
Illinois
(con't)
(3) Any determination made by the Board in accordance
with Section 316 of the Federal Water Pollution Control
Act Amendments of 1972 (FWPCA) concerning alternative
thermal effluent limitations will be considered to be
consistent with the policies enunciated in this section.
Iowa
13
(a) Existing designated water uses will be maintained
and protected. No further water quality degradation which
would interfere with or become injurious to water uses
designated in this chapter will be allowed.
(b) Those existing high quality waters which exceed the
water quality levels as necessary to protect existing water
uses will be maintained at or above existing water quality,
except when, after full satisfaction of the intergovern-
mental co-ordination and public participation provisions of
the continuing planning process, it is determined that there
is need to lower the water quality because of necessary and
justifiable economic or social development.
Kansas
14
All waters of the state whose existing quality is better
than the applicable water quality criteria as established
herein shall not be lowered in quality until it has been
determined by the Kansas department of health and envi-
ronment in accordance with the provisions of the state
continuing' planning process that the change is justifiable as
a result of necessary social and economic development and
that existing instream water uses will be protected from a
quality standpoint. In no case shall the quality of waters of
the state be reduced below the quality criteria as esta-
blished herein.
Kentucky
15
(1) It is the purpose of these regulations to safeguard the
waters of the Commonwealth for their designated
uses, to prevent the creation of any new pollution of
the waters of the Commonwealth, and to abate any
existing pollution.
(2) The state water quality standards and continuing
plannng process designed to provide for the
protection of the existing water quality and/or the
upgrading or enhancement of water quality in all
waters of the Commonwealth shall serve as the
method for implementation of this policy.
(3) The implementation of this policy shall conform to 40
CFR 130.17 (35.1550) to the extent allowed by KRS
224.020.
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State
Kentucky
(con't)
(4) No degradation shall be allowed in outstanding
resource waters to the extent that:
(a) The introduction of specific pollutants exceeds
the criteria established pursuant to Section 8(2) of
401 KAR 5:031; or
(b) The legitimate beneficial uses of these waters
are impaired.
Louisiana
16
It is the policy of the Louisiana Stream Control
Commission that all interstate waters and intrastate
waters, portions thereof, and coastal waters whose existing
quality exceed the approved water quality standards will be
maintained at their existing high quality unless the state
chooses after full satisfaction of the intergovernmental
coordination and public participation provisions of the
State Continuing Planning Process to allow lower water
quality as a result of necessary and justifiable economic
and/or social development, and further that such change
will not interfere with or become injurious to the existing
instream water uses. The Louisiana Stream Control
Commission will disapprove any waste discharge that will
cause water quality degradation of interstate waters and
intrastate waters, portions thereof, and the coastal waters
of Louisiana below the standards adopted by the State of
Louisiana and approved by the United States Environmental
Protection Agency without complying with the Federal and
State of Louisiana laws applicable to the attainment of
water quality standards. Any industrial, public or private
project or development that would constitute a new source
of pollution or an increased source of pollution to any of
the waters in Louisiana will be required, as part of the
initial project design, to provide the highest and best
degree of waste treatment available under existing tech-
nology consistent with the best practice in the area
affected under the condition applicable to the project or
development. Further, there shall be achieved the highest
statutory and regulatory requirements for all existing point
sources and feasible management or regulatory programs
pursuant to Section 208 of Public Law 92-500 for nonpoint
sources, both existing and proposed. Additionally, no
degradation shall be allowed in high quality waters which
constitute an outstanding national resource, such as waters
of national and state parks and wildlife refuges, waters in
the state scenic river system and waters of exceptional
recreational or ecological significance. This policy and
implementation method shall be consistent with Section
316 of PL 92-500 (Re: thermal discharges). Consistent
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State
Louisiana
(con't)
with the provisions of the Federal Water Pollution Control
Act as amended (1972) (PL 92-500) the Louisiana Stream
Control Commission will keep the United States Environ-
mental Protection Agency informed of its activities and
will furnish the United States Environmental Protection
Agency informational reports, in such form as the Admini-
strator of the United States Environmental Protection
Agency may, from time to time reasonably require to carry
out his function under the Federal Water Pollution Control
Act Amendments of 1972. The Louisiana Stream Control
Commission will consult and cooperate with the United
State Environmental Protection Agency on matters that
are proper consideration of the Federal Agency; the United
States Environmental Protection Agency will reciprocate
in matters that are a proper consideration of the Louisiana
Stream Control Commission.
Maine
17
The Maine Department of Environmental Protection,
acting to further the preservation of and enhance the
quality of the State's water resources, adopts the following
resolution:
Consistent with the classification system and policies
established by the Legislature under Title 38, it is the
intent of the Department of Environmental Protection to
conserve the waters of the State and to protect, maintain,
and improve the quality thereof for public water supply,
for the propagation of wildlife, fish and aquatic life, and
for domestic, agricultural, industrial, recreational, and
other legitimate uses; and to provide that no waste be
discharged into any waters of the State without first, as a
minimum, being given the degree of treatment necessary
to maintain the present classification; and to provide for
the prevention, abatement and control of new and existing
water pollution and to fully cooperate with other State,
interstate, regional and Federal agencies in implementing
this policy and in discharging their responsibilities.
Waters whose existing quality exceeds the established
classification standards will be maintained at such high
quality unless it has been demonstrated to the Department
that the change will not preclude uses presently possible in
such waters and is justifiable as a result of necessary social
or economic development. Any project or development
which would constitute a new or an increased source of
pollution to high quality waters will be required to provide
the necessary degree of waste treatment to maintain such
high water quality.
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State
Maine
(con't)
The Department of Environmental Protection, desiring to
further improve and expand the availability of waters
suitable for the propagation of fish and wildlife and to
increase the suitability of these waters, and recognizing
the State of Maine is sufficiently large and diverse that
natural water quality varies considerably throughout its
limits, hereby adopts the following resolution of policy:
There shall be no discharge to surface waters of the State
of Maine altering the temperature or quality thereof in
such a way, or to such a degree, that the usages under the
applicable classification are impaired. It shall further be
the policy of the Department of Environmental Protection
to establish by regulation certain parameters of quality,
including but not limited to temperature for specific
streams and segments thereof, to effect more accurate
controls for the benefit of aquatic life.
Maryland
18
(1) It is recognized that certain waters of the State
possess existing quality which is better than the
water quality standards established for them. The
quality of these waters shall be maintained unless and
until it has been demonstrated to the satisfaction of
the Administration that a change is justifiable as a
result of necessary economic or social development
and will not preclude uses made of or presently
possible in these waters. To accomplish this-
objective, all proposed new or increased sources of
pollution are required to provide best practicable
degree of waste treatment to maintain these waters
at this higher quality.
(2) In addition, there shall be furnished to the Environ-
mental Protection Agency the information needed to
enable the Administrator of the Environmental
Protection Agency to fulfill his responsibilities under
the Federal Law.
(3) Water which does not meet the standards established
for it shall be improved to meet the standards.
Massachusetts
19
Regulation 4.1 Protection of Existing Uses. In all cases,
from and after the date these regulations become effec-
tive, the quality of the waters of the Commonwealth shall
be maintained and protected to sustain existing beneficial
uses.
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State
Massachusetts Regulation 4.2 Protection of High Quality Waters. From
(con't) and after the date these regulations become effective,
waters designated by the Division in Regulation 5.5 whose
quality is or becomes consistently higher than that quality
necessary to sustain the national goal uses shall be main-
tained at that higher level of quality unless limited degra-
dation is authorized by the Division. Limited degradation
may be allowed by the Division as a variance from this
regulation as provided in Section 4.6.
Regulation 4.3 Protection of Low Flow Waters. Certain
waters will be designated by the Division in Regulation 5.5
of these standards for protection under this section due to
their inability to accept pollutant discharges. New or
increased discharges of pollutants to waters so designated
are prohibited unless a variance is granted by the Division
as provided in Regulation 4.6.
Regulation 4.4 National Resource Waters. Waters which
constitute an outstanding national resource as determined
by their outstanding recreational, ecological and/or aesthe-
tic values shall be preserved. These waters shall be
designated for preservation by the Division in Regulation
5.5 of these standards. Waters so designated may not be
degraded and are not subject to a variance procedure. New
discharges of pollutants to such waters are prohibited.
Existing discharges shall be eliminated unless the dis-
charger is able to demonstrate that:
(a) Alternative means of disposal are not reasonable
available or feasible; and
(b) The discharge will not affect the quality of the
water as a national resource.
Regulation 4.5 Control of Eutrophication. The discharge of
nutrients, primarily phosphorus or nitrogen, to waters of
the Commonwealth will be limited or prohibited by the
Division as necessary to prevent excessive eutrophication
of such waters. There shall be no new or increased
discharges of nutrients into lakes and ponds, or tributaries
thereto. Existing discharges containing nutrients which
encourage eutrophication or growth of weeds or algae shall
be treated. Activities which may result in non-point
discharges of nutrients shall be conducted in accordance
with the best management practices reasonably determined
by the Division to be necessary to preclude or minimize
such discharges of nutrients.
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State
Massachusetts
(con't)
Regulation 4.6 Variances. A variance to authorize a
discharge in water designated for protection under regu-
lation 4.2 may be allowed by the Division where the
aplicant demonstrates that:
(1) The proposed degradation will not result in water
quality less than specified for the class; and
(2) The adverse economic and social impacts speci-
fically resulting from imposition of controls more
stringent than secondary treatment to maintain the
higher water quality are substantial and widespread
in comparison to other economic factors and are not
warranted by a comparison of the economic, social
and other benefits to the public resulting from main-
tenance of the higher quality water.
In addition to the above, the applicant for a variance to
authorize a discharge into waters designated for protection
under Regulation 4.3 must demonstrate that:
(3) Alternative means of disposal are not reasonable
available or feasible.
In any proceeding where such variance is at issue, the
Division shall circulate a public notice in accordance with
the procedures set forth in G.L. c30A s&. Said notice shall
state that a variance is under consideration by the Divi-
sion, and indicate the Director's tentative determination
relative thereto. To the extent feasible, the variance
proceeding shall be conducted as part of any pending dis-
charge permit proceedings pursuant to G.L. c21, s43. In
any variance procedure, the burden of proof• relative to
justifying the variance shall be on the party requesting the
variance. Any variance granted pursuant to this regulation
shall not extend beyong the expiration date of the permit.
Michigan
20
Waters of the state in which the existing water quality is
better than the water quality standards prescribed by these
rules on the date when the standards become effective,
shall not be lowered in quality by action of the commission
unless it has been affirmatively demonstrated to the com-
mission that a change in quality will not become injurious
to the public health, safety or welfare; or become injurious
to domestic, commercial, industrial, agricultural, recrea-
tional, or other uses which are being made of the water; or
will not become injurious to livestock, wild animals, birds,
aquatic life, or plants, or the growth or propagation
thereof will not be prevented or injuriously affected; or
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State
Michigan
(con't)
Minnesota
21
whereby the value of fish or game may be destroyed or
impaired, and that a lowering in quality will not be
unreasonable and against the public interest in view of the
existing conditions in any waters of the State.
Waters of the state which do not meet the water quality
standards prescribed by these rules shall be improved to
meet those standards. Where the water quality of certain
waters of the State do not meet the water quality
standards as a result of natural causes or conditions, no
further reduction of water quality by controllable point and
non-point sources shall be permitted.
Waters which are of quality better than the established
standards shall be maintained at high quality unless a
determination is made by the Agency that a change is
justifiable as a result of necessary economic or social
development and will not preclude appropriate beneficial
present and future uses of the waters. Any project or
development which would constitute a source of pollution
to waters of the state shall be required to provide the best
practicable control technology currently available not later
than July 1, 1977 and the best available technology econo-
mically achievable not later than July 1, 1983, and any
other applicable treatment standards as defined by and in
accordance with the requirements of the Federal Water
Pollution Control Act, 33 U.S.C. 1251 et. seq., as amended,
in order to maintain high water quality and keep water
pollution at a minimum. In implementing this policy, the
Administrator of the U.S. Environmental Protection
Agency will be provided with such information as he
requires to discharge his responsibilities under the Federal
Water Pollution Control Act, as amended.
Mississippi
.22
The policy inherent in the standards shall be to protect
water quality existing at the time these water quality
standards were adopted or to upgrade or enhance water
quality within the State of Mississippi. Waters whose
existing quality is better than the established standards
will be maintained at high quality, unless the Commission
decides to allow limited degradation where economically
and socially justified. In no event, however, may degra-
dation of water quality interfere with or become injurious
to existing instream water uses. Further, in no case will
water quality be degraded below (or above) the base levels
set forth in these standards for the protection of the
beneficial uses described herein. In receiving waters which
the Commission determine to be of exceptionally high
quality, the policy shall be to maintain that existing high
quality.
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State
Missouri
Montana
23
The commission shall assure that there shall be achieved
the highest statutory and regulatory requirements for all
new and existing point sources and feasible management or
regulatory programs pursuant to section 208 of PL 92-500
for nonpoint sources, both existing and proposed.
Water quality management practices shall maintain the
high quality of those waters which possess a quality better
than that required by the specific criteria. Designated
water uses for all classified waters shall be protected. The
Commission may, however, after full satisfaction of the
inter-governmental coordination and public participation
provisions of the state continuing planning process, allow
lower water quality as a result of justifiable and wide-
spread economic or social development, provided that:
1. Existing instream water uses are maintained and
protected. No further water quality degradation
which would interfere with or become injurious to
existing instream water uses is allowable.
2. No public health hazard is created.
3. There is no degradation of outstanding national
resource waters.
The board shall require:
(1) that any state waters whose existing quality is higher
than the established water quality standards be main-
tained at that high quality unless it has been affirma-
tively demonstrated to the board that a change is
justifiable as a result of necessary economic or social
development and will not preclude present and antici-
pated use of these waters and
(2) any industrial, public, or private project or develop-
ment which would constitute a new source of pollu-
tion or an increased source of pollution to high-
quality waters, referred to in subsection (1), to
provide the degree of waste treatment necessary to
maintain that existing high water quality.
Nebraska
24
It is the public policy of the State of Nebraska to conserve
the water in this State and to protect and improve the
quality of water for human consumption, wildlife, fish and
other aquatic life, industry, recreation and other pro-
ductive, beneficial uses.
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State
Nebraska It is recognized that certain surface waters of Nebraska
(con't) possess an existing quality which is better than the criteria
assigned to the various uses set out in these standards as of
the date the standards become effective. These existing
instream water uses shall be maintained and protected.
The State may choose, after full satisfaction of the inter-
governmental coordination and public participation provi-
sions of section 8.7 of the Nebraska plan for a continuing
planning process, to allow lower water quality as a result
of necessary, justifiable and widespread economic or social
development, provided however, that in no event may
degradation of water quality interfere with or become
injurious to existing instream water uses.
If water quality is to be degraded, without changing
existing water uses, the most stringent statutory and
regulatory requirements will be applied to new and existing
point sources through the wastewater discharge permit
process and new source performance standards.
No degradation shall be allowed in high quality waters
which constitute an outstanding National resource, such as
waters of the National Forests or Grasslands and wildlife
refuges and waters of exceptional recreation or ecological
significance.
There shall be achieved the highest statutory and regu-
latory requirements for all new and existing point sources
and feasible management or regulatory programs pursuant
to section 208 of the Federal Water Pollution Control Act
Amendments of 1972, P.L. 92-500, (the "Act") for nonpoint
sources, both existing and proposed.
In cases where potential water quality impairment
associated with a thermal discharge is involved, the
method of implementation of this anti-degradation policy
shall be consistent with section 316 of the Act.
The State recognizes the goal of the Act: water quality
which provides for the protection and propagation of fish
and wildlife and provides for recreation in an on the water
be achieved by July 1, 1983, where attainable. In that
connection, when data reveals that technical violations of
these standards result from natural, unabateable causes,
making the existing standards unattainable, a downgrading
of the state beneficial use may be made, when justified,
after following the procedure states in section 8.7 of the
Nebraska plan for a continuing planning process.
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State
Nebraska
(con'f)
In implementing this policy, the Department of Environ-
mental Control will provide to the Administrator, U. S.
Environmental Protection Agency, such information as he
requires to discharges his responsibilities under the Federal
Water Pollution Control Act as amended.
Nevada
25
Policy - Preservation and Enhancement of Our Water
Resources:
The intent of this policy is to enhance water quality by
upgrading waters that are at present affected by pollution
and to perpetually maintain the quality of waters that are
at present of high or suitable quality.
The intent of this policy is not to 'freeze in' present uses of
water or to exclude other possible uses, but to enhance the
quality and productivity of one of our major natural
resources - water.
New Hampshire
In accordance with Public Law 92-500 and Federal regula-
tion 40 CFR 130, Section 130.17 (a), the New Hampshire
Water Supply and Pollution Control Commission has
adopted the following Antidegradation Policy:
(1) In all cases, existing instream beneficial water uses
will be maintained and protected. Any actions that
would become injurious to existing uses cannot be
undertaken. Waste assimilation and transport are not
recognized beneficial uses;
(2) Existing high quality waters will be maintained at
their existing high quality unless the New Hampshire
Water Supply and Pollution Control Commission
decides to allow limited degradation where econo-
mically or socially justified. If limited degradation is
allowed, it cannot result in violation of water quality
criteria that describe the base levels necessary to
sustain the State and National Water Quality goal
uses of protection and propagation of fish, shellfish,
and wildlife and recreation in and on the water;
(3) In all cases, high quality water which constitutes an
outstanding State or National Resource will be main-
tained and protected;
(4) Any determinations concerning thermal discharge
limitations under Section 316 (a) of Public Law 92-
500 will be considered in compliance with the anti-
degradation policy.
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State
New Jersey
27
Where existing water quality is better than the established
criteria, the Department of Environmental Protection in
the administration of these regulations shall maintain the
quality of such waters unless it can be demonstrated that
change is justifiable as a result of necessary economic or
social development.
In all situations where they may be an impingement of a
lesser quality water upon that of a higher quality of water,
the lesser quality of water shall be upgraded in order to
protect or improve adjacent higher quality waters.
Waters which are designated to be retained in their natural
state, and therefore not subject to any man-made waste-
water discharges, shall be protected.
Nondegradation of Central Pine Barrens Water Quality:
The Pine Barrens constitutes a unique and particularly
fragile ecosystem compared with other coastal pine areas
both within and outside this State. In light of the vulner-
able character of the area, the Department shall not, in
the performance of its statutory duties, approve any
activity which, alone or in combination with other acti-
vities, will cause degradation in the existing surface water
quality characteristics. The State encourages rational and
ecologically sound agricultural practices and other appro-
priate uses. The fine recreational opportunities and the
vast high quality ground water reservoir which exist in the
area provide further reason for a special State water
quality policy in regard to the Central Pine Barrens.
The State's Central Pine Barrens water quality policy is not
intended to interfere with water control in the operation of
cranberry bogs.
New Mexico
28
Degradation of waters the quality of which is better than
the stream standards established by the New Mexico Water
Quality Control Commission is not reasonable degradation
and is subject to abatement under the authority granted
the Commission by the New Mexico Water Quality Act, as
amended, unless it is justifiable as a result of necessary
economic and social development. Existing instream water
uses shall be maintained and protected. No degradation
shall be allowed in high quality waters of designated
national and state parks and wildlife refuges if such
degradation would impair any of the qualities which caused
designation of the parks and wildlife refuges. To protect
the existing quality of water, the Commission under that
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State
New Mexico
(con't)
Act will required the highest and best degree of effluent
treatment practicable. In those cases where potential
water quality impairment associated with a thermal dis-
charge is involved, this antidegradation policy shall be
consistent with Section 316 of the Federal Water Pollution
Control Act. In implementing this section, the Commission
through the appropriate regional offices of the Federal
Environmental Protection Agency will keep the Admini-
strator advised and provided with such information con-
cerning the waters of New Mexico as he will need to
discharge his responsibilities under the Federal Water
Pollution Control Act as amended (PL92-500 and PL95-
217).
New York
29
It is recognized that certain waters of New York State
possess an existing quality which is better than the classifi-
cation standards assigned thereto. The quality of these
waters will be maintained unless and until it has been
demonstrated to the satisfaction of the Commissioner of
Environmental Conservation that other uses and different
standards are justifiable as a result of necessary economic
or social development. To accomplish this objective all
proposed new or increased sources of pollution will be
required to provide the best practical degree of waste
treatment to maintain these waters at this higher quality.
In addition, there will be furnished to the Federal Water
Quality Administration, U. S. Department of the Interior,
such information as is needed to enable the Secretary of
the Interior to fulfill his responsibilities under the Federal
law.
Water which does not meet the assigned classification will
be improved to meet the standards.
Adopted by Water Resources Commission, May 7, 1970
North Carolina
30
It is the policy of the Environmental Management Commis-
sion to maintain, protect, and enhance water quality within
the State of North Carolina. Pursuant to this policy, the
Environmental Management Commission will not approve
any project or development which would result in the
significant degradation of waters whose existing quality is
better than the assigned water quality standards, unless
such degradation is found by the commission to be justi-
fiable to provide necessary economic and social develop-
ment. In such cases, those pollution control measures
necessary to maintain high water quality will be required
-23-
-------
State
North Carolina
(con't)
where physically and economically feasible. Prior to
approval of any project or development which will result in
the significant degradation of water quality, the commis-
sion will solicit, through public notice or public hearing or
both, comments from the public and intergovernmental
agencies relative to the project or development and antici-
pated water quality degradation. In cases where the
project or development requires a NPDES permit, the
Environmental Management Commission shall publish in
conjunction with the public notices required by 15 NCAC
2H ,0109(a) (regarding application for a NPDES permit) and
15 NCAC 2H .0109(b) (regarding a public hearing on NPDES
permit application) a statement that such project or deve-
lopment is anticipated to result in significant degradation.
Furthermore, the commission shall consider the present
and anticipated usage of said water, including any uses not
specified by the assigned classification (such as waters of
exceptional recreational or ecological significance), and
will not allow degradation of any waters which would result
in the impairment of those uses for an extended period of
time. In implementing this policy, the commission will
keep the United States Environmental Protection Agency
informed and will provide it with such information as it
will need in discharging its responsibility under the Federal
Water Pollution Control Act as amended October 8, 197-2,
and December 28, 1977.
North Dakota
31
Not Specified
Ohio32
Existing instream water uses as defined in Rule 3745-1-08
of the Ohio Administrative Code shall be maintained and
protected. No further water quality degradation which
would interfere with or become injurious to existing desig-
nated uses is allowable.
Waters in which existing water quality is better than the
prescribed standards and exceeds those levels necessary to
support propagation of fish, shellfish, wildlife and recrea-
tion in an on the water shall be maintained and protected.
However, the Director of OEPA may, after compliance
with public notice and intergovernmental coordination
requirements of any applicable statutes and regulations,
and after due consideration of such technical, economic,
social and other criteria as the applicable statutes and
regulations set forth, choose to allow lower water quality.
Degradation of water quality shall not interfere with or
become injurious to existing or planned uses, and the
Director shall require that the most effective waste treat-
-24-
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State
Ohio
(con't)
ment available under existing technology be employed by
all new point sources, and that feasible management or
regulatory programs pursuant to Section 208 of Public Law
92-500 be applied to non-point sources.
The waters indicated below shall be designated as State
and National Resource Waters. These will include all
National, State and Metropolitan park systems, wildlife
refuges and preserves, wild, scenic and recreational rivers,
publicly owned lakes and reservoirs and waters of excep-
tional recreational or ecological significance (e.g., waters
which provide a habitat for identified threatened or endan-
gered species) as determined by the Director of OEPA.
Present ambient water quality will be maintained for all
substances determined to be toxic or to interfere with any
designated use as determined by the Director of the OEPA.
All other substances shall be limited to the standards -
associated with each designated use, as outlined in Rules
3745-1-07 and -08 of the Ohio Administrative Code. Areas
that do not meet general water quality standards as
defined in Rules 3745-1-07 and -08 of the Ohio Admini-
strative Code shall not be degraded as stated above for all
such classified areas. The following is a partial list of
State and National Resource Waters"
Oklahoma
33
The intent of the Anti-degradation Policy is to protect all
waters of the State from quality degradation. Existing
instream water uses shall be maintained and protected. No
further water quality degradation which would interfere
with or become injurious to existing instream water uses
shall be allowed. Oklahoma's waters constitute a valuable
State resource and shall be protected, maintained and
improved for the benefit of all the citizens.
It is recognized that certain waters of the State possess an
existing water quality which exceeds those levels necessary
to support propagation of fish, shellfish, wildlife, and
recreation in and on the water. These high quality waters
shall be maintained and protected unless the State decides,
after full satisfaction of the intergovernmental coordi-
nation, and public participation provisions of the State's
continuing planning process, to allow lower water quality
as a result of necessary and justifiable economic or social
development. Furthermore, where limited degradation is
justified, the State shall require that any new point-source
of pollution or increased load from an existing point-
source, protect all the existing designated uses through the
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State
Oklahoma
(con't)
highest statutory and regulatory requirements, and feasible
management or regulatory programs pursuant to Section
208 of Public Law 92-500 as amended by PL95-217 for non-
point sources.
No degradation shall be allowed in high quality waters
which constitute an outstanding national resource, such as
waters of National and State Parks and Wildlife Refuges,
and waters of exceptional recreational or ecological signi-
ficance.
In those cases where potential water quality impairment
associated with a thermal discharge is involved, the anti-
degradation policy and implementation method shall be
consistent with section 316 of Public Law 92-500.
Oregon
34
Existing high quality waters which exceed those levels
necessary to support propagation of fish, shellfish and
wildlife and recreation in and on the water shall be
maintained and protected, unless the Environmental
Quality Commission chooses, after full satisfaction of the
intergovernmental coordination and public participation
provisions of the continuing planning process, to lower
water quality for necessary and justifiable economic or
social development. The Director, or his designee, may
allow water quality on a short-term basis in order to
respond to emergencies, or to otherwise protect the public
health and welfare. In no event, however, may degradation
of water quality interfere with or become injurious to the
beneficial uses of water within surface waters of the
following areas.
A. National Parks
B. National Wild and Scenic Rivers
C. National Wildlife Refuges
D. State Parks
Point source discharges shall follow policies and guidelines
(1), (2), and (3), (to be renumbered (2), (3), and (4), and
nonpoint source activities shall follow guidelines (4), (5),
(6), (7), and (8), (to the renumbered (5), (6), (7), (8), and (9).
As a source of reference, the existing policies and guide-
lines from (1) through (8) are presented in full as follows:
"Policies and Guidelines Generally Applicable to All Basins
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State
Oregon "340-41-026 (1) In order to maintain the quality waters in
(con't) the State of Oregon, it is the policy of the EQC to required
that growth and development be aceomodated by increased
efficiency and effectiveness of waste treatment and
control such that measurable future discharged waste loads
from existing sources do not exceed presently allowed
discharged loads unless otherwise specifically approved by
the EQC.
"(2) For any new waste sources, alternatives which utilize
reuse or disposal with no discharge to public waters shall
be given highest priority for use whereever practicable.
New source discharges may be approved by the Department
if no measurable adverse impact on water quality or
beneficial uses will occur. Significant or large new sources
must be approved -by the Environmental Quality
Commission.
"(3) No discharges of wastes to lakes or reservoirs shall be
allowed without specific approval of the EQC.
"(4) Log handling in public waters shall conform to current
EQC policies and guidelines.
"(5) Sand and gravel removal operations shall be conducted
pursuant to a permit from the Division of State Lands and
separated from the active flowing stream by a watertight
berm wherever physically practicable. Recirculation and
reuse of process water shall be required wherever
practicable. Discharges when allowed, or seepage or
leakage losses or public waters shall not cause a violation
of water quality standards or adversely affect legitimate
beneficial uses.
"(6) Logging and forest management activities shall be
conducted in accordance with the Oregon Forest Practices
Act so as to minimize adverse effects on water quality.
"(7) Road building and maintenance activities shall be
conducted in a manner so as to keep waste materials out of
public waters and minimize erosion of cut banks, fills, and
road surfaces.
"(8) In order to improve controls over nonpoint sources of
pollution, federal, state, and local resource management
agencies will be encouraged and asisted to coordinate
planning and implementation of programs to regulate or
control runoff, erosion, turbidity, stream temperature,
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State
Oregon
(con't)
stream flow, and the withdrawal and use of irrigation
water on a basin wide approach so as to protect the quality
and beneficial uses of water and related resources. Such
programs may include, but not be limited to, the following:
(a) Development of projects for storage and release of
suitable quality waters to augment low stream flow.
(b) Urban runoff control to reduce erosion.
(c) Possible modification of irrigation practices to
reduce or minimize adverse impacts from irrigation
and return flows.
(d) Stream bank erosion reduction projects."
35
Pennsylvania
Not Specified
Rhode Island
36
Discharges Shall Not Violate Water Quality Standards - No
person shall discharge into any waters of the State sewage
or other waste which the director determines would result
in the violation of any State water criterion assigned to the
receiving waters or to down stream waters pursuant to
subsection 6.03 and 6.04 of these regulations.
Discharges Shall Not Further Degrade Low Quality Waters
- No person shall discharge into any waters of the State
sewage or other waste which the director determines would
result in the additional degradation of any water quality
criterion of the receiving waters or downstream waters
which is already below the water quality standard assigned
to such waters.
Discharges Shall Not Degrade High Quality Waters - No
person shall discharge into any waters of the State sewage
or other waste which the director determines would result
in the degradation of any water quality criterion of the
receiving waters or downstream waters whose quality is
higher than the minimum required by the water quality
standards assigned to such waters.
Class A and SA Waters - No new discharges shall be
permitted into Class A or SA waters or into waters
designated Class B, C, D, SB or SC which have attained
Class A or SA quality. For purposes of this subsection, new
discharges shall be construed to include potential direct
discharges from POTW's or from vessels in marinas.
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State
Rhode Island
(con't)
This subsection shall not apply to discharges of normal
storm/water drainage nor to cooling water which the
director determines will not violate water quality criteria
for Class A or SA waters.
Class B and SB Waters - In the case of discharges to Class
B or Class SB waters, the director may recognize, where
appropriate, a limited mixing zone on a case-by-case basis.
Due to the potential direct discharge from systems or
means of waste water treatment, mixing zones in Class B
waters shall support only Class C uses. However, such
discharges must meet the water quality criteria for Class B
or SB waters, the requirements of subsection 7.03 for
higher quality waters and the effluent limitations of
Section 8.
This subsection shall not apply to discharges of normal
storm/water drainage nor to cooling water which the
director determines will not violate water quality criteria
for Class B or SB waters.
Class SAm waters - Class SAm waters are those waters
meeting all Class SA water quality criteria but which uses
are restricted due to the presence of marinas. In addition,
the director may impose other requirements he deems
necessary to protect water quality, the public health and
welfare, and the environment, including, but not limited to:
1. On-shore toilet and/or shower facilities;
2. Prohibition of overnight stays aboard vessels in
marinas;
3. The posting of any of these requirements.
Antidegradation and Upgrading of Water Quality Standards
- Any water uses being achieved shall be maintained.
Where existing water use classifications specify water uses
less than those which are presently being achieved, the
director shall propose to the E S B that it upgrade the
classification of the waters in question to reflect the uses
actually being attained. Reclassification of SA waters to
SAm shall not be considered to be a downgrading of water
quality standards or loss of water use.
South Carolina
37
Waters whose existing quality is better than the established
standards will not be lowered in quality unless and until it
has been affirmatively demonstrated to the South Carolina
Board .of Health and Environmental Control that such
change is justifiable as a result of necessary economic or
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State
South Carolina
(con't)
social development and will not interfere with or become
injurious to any assigned uses made of such waters. Any
industrial, public or private project or development which
could constitute a new source of pollution or an increased
source of pollution to high quality waters will be required
by the South Carolina Depatment of Health and Environ-
mental Control as part of the initial project design to
insure a treatment level consistent with applicable State/
Federal laws, rules and regulations. In implementing the
policy of this paragraph, the Administrator of the Environ-
mental Protection Agency will be advised and provided
with such information as he wil need from time to time to
protect the interests of the United States and maintain the
high quality of waters of that state.
South Dakota
39
Tennessee
38
Not Specified
(a) The Standards and Plan adopted are designed to
provide for the protection of existing water quality and/or
the upgrading or "enhancement" of water quality in all
waters within Tennessee. It is recognized that some
waters may have existing quality better than established
standards.
The latest edition of Quality Criteria for Water published
by the Environmental Protection Agency pursuant to
Section 304(a) of the Federal Water Pollution Control Act
(PL 92-500), and other documents as specified by the
Commissioner of the Tennessee Department of Public
Health and the Water Quality Board shall be used as guides
in determining standards of minimum water quality outside
of those specifically listed in this document.
(b) The Criteria and Standards shall not be construed as
permitting the degradation of these higher quality waters
when such can be prevented by reasonable pollution control
measures. In this regard, existing high quality water will
be maintained unless and until it is affirmatively
demonstrated to the Tennessee Water Quality Control
Board that a change is justifiable as a result of necessary
social and economic development.
(c) All discharges of sewage, industrial waste, or other
waste shall receive the best practicable treatment (secon-
dary or the equivalent) or control according to the policy
and procedure of the Tennessee Water Quality Control
Board. A degree of treatment greater than secondary
when necessary to protect the water uses will be required
for selected sewage and waste discharges.
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State
Tennessee (d) In implementing the provisions of the above as they
(con't) relate to interstate streams, the Tennessee Water Quality
Control Board will cooperate with the appropriate Federal
Agency in order to assist in carrying our responsibilities
under the Federal Water Pollution Control Act, as
amended.
40
Texas In implementing the legislative policy expressed in the
Texas Water Quality Act, it is the policy of the Texas
Water Quality Board that the waters in the State whose
existing quality is better than the applicable water quality
standards described herein as of the date when these
standards become effective will as provided hereafter be
maintained at their high quality, and no waste discharges
may be made which will result in the lowering of the
quality of these waters unless and until it has been
demonstrated to the Texas Water Quality Board that the
change is justifiable as a result of desirable economic or
social development. Therefore, the Board will not
authorize or approve any waste discharge which will result
in the quality of any of the waters in the State being
reduced below the water quality standards without comply-
ing with the Federal and State laws applicable to the
amendment of water quality standards. Anyone making a
waste discharge from any industrial, public or private
project or development which would constitute a new
source of pollution or an increased source of pollution to
any of the waters in the State will be required, as part of
the initial project design to provide the highest and best
degree of waste treatment available under existing techno-
logy consistent with the best practice in the particular
field affected under the conditions applicable to the
project or development. The Board will keep the Environ-
mental Protection Agency informed of its activities and
will furnish to the agency such reports in such form, and
containing such information as the Administrator of the
Environmental Protection Agency may from time to time
reasonably require to carry out his functions under the
Water Pollution Control Act Amendments of 1972.
Additionally, the Board will consult and cooperate with the
Environmental Protection Agency on all matters affecting
the federal interest.
41
Utah Maintenance of Water Quality — Waters whose existing
quality is better than the established standards for the
designated uses will be maintained at high quality unless it
is determined by the Committee that a change is justi-
fiable as a result of necesary economic or social develop-
ment. However, existing instream water uses shall be
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-------
State
Utah
(con't)
maintained and protected. No water quality degradation is
allowable which would interfere with or become injurious
to existing instream water uses.
Anti-degradation Segments — Waters of high quality which
serve, or which may be reasonably expected to serve, as
raw water sources for drinking water supplies or which
have been determined by the Committee to be a State or
National resource requiring protection shall be maintained
at existing high quality through designation, by the Commi-
ttee after public hearing, as anti-degradation segments.
New Point source discharges of wastewater, treated or
otherwise, are prohibited in such segments after the
effective date of designation. Protection of such segments
from pathogens in diffuse, underground sources is covered
in PARTS IV and V of these regulations. Other diffuse
sources (non-point sources) of wastes shall be controlled to
the extent feasible through implementation of best
management practices or regulatory programs.
Projects such as, but not limited to, construction of dams
or roads will be considered in anti-degradation segments on
a case-by-case basis where pollution will result only during
the actual construction activity, and where best manage-
ment practices will be employed to minimize pollution
effects.
Vermont
42
Certain waters of the State of Vermont are of a quality
which exceeds the standards of their assigned classifi-
cation. The quality of such waters shall be maintained in
the public interest as provided in the Act and in these
regulations. To accomplish this objective after May 27,
1971, all proposed new or increased discharges of wastes to
such waters must be compatible with the uses- and tech-
nical requirements applicable to the assigned water quality
classification and must receive the highest practical
degree of treatment currently available.
In implementing this policy, the Administrator of the
United States Environmental Protection Agency shall be
provided with such information as that office will need to
discharge its responsibilities under the Federal Water
Pollution Control Act as amended.
Discharges Restricted - Class A Waters:
There shall be no discharge of wastes to Class A waters
that do not meet or exceed the technical and other
requirements for such waters nor shall there by any dis-
charge of wastes containing any form of nutrients which
would encourage eutrophication or growth of weeds or
algae.
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State
Vermont Discharges of wastes of a domestic origin or of wastes
(con't) which contain pathogenic organisms prior to treatment,
shall not be permitted in Class A waters regardless of the
degree of treatment provided.
Discharges Restricted - Class B Waters:
There shall be no discharge of wastes to Class B waters
that do not meet or exceed the technical and other
requirements for such waters. Discharges of wastes of a
domestic origin or of wastes which contain pathogenic
organisms prior to treatment, shall not be permitted in
Class B waters regardless of the degree of treatment
provided.
There shall be no new or increased discharge of wastes
after May 27, 1971 containing any form of nutrients which
would encourage eutrophication or growth of weeds and
algae in any lake, pond or reservoir. Any discharge of
wastes existing prior to May 27, 1971 containing soluble or
other nutrients which would encourage eutrophication or
growth of weeds and algae in any lake, pond or reservoir
shall receive the highest practical degree of treatment
currently available to remove such nutrients.
Discharges Restricted - Upland Streams:
Upland streams are those Class A or Class B rivers,
streams brooks and creeks upstream of the most upstream
discharge of wastes from an existing municipal wastewater
treatment facility, or of a municipality or community
dicharging wastes requiring treatment in a manner to be
approved by the Secretary, or upstream of such other point
as may be determined after public hearing by the Water
Resources Board to be in the public interest.
After December 20, 1973 there shall be no new or
increased discharges to upland streams of any treated or
untreated domestic, sanitary, commercial or industrial
wastes, nor shall there be any new or increased discharge
of any other wastes which would degrade in any respect the
quality of the receiving waters. Where technically
feasible, existing discharges of such wastes to upland
streams shall be eliminated by utilizing offstream disposal
techniques.
Where offstream disposal of discharges to upland streams
of treated or untreated domestic, sanitary, commercial or
industrial wastes existing prior to December 20, 1973 is
determined to be technically infeasible, the Secretary may
impose requirements to reduce the degradation of the
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State
Vermont
(con't)
receiving waters and grant temporary authorization to
continue discharging such wastes in accordance with the
provisions of Section 1265 10 V.S.A. provided that the
Secretary thereafter recommends to the Board that the
upland stream designation of the receiving waters be
removed and that such waters be reclassified in accordance
with the provisions of Section 1253 of Title 10 V.S.A. as
necessary.
This rule shall not apply to the discharge of surface
storm water after treatment for removal of settleable and
floatable materials, including grease and oil, and such
other treatment as may be required by the Secretary to
protect the quality of the receiving waters in accordance
with applicable State statutes and these regulations.
43
Virginia
Waters whose existing quality is better than the established
standards as of the date on which such standards become
effective will be maintained at high quality; provided that
the Board has the power to authorize any project or
development, which would constitute a new or an increased
discharge of effluent to high quality water, when it has
been affirmatively demonstrated that a change is justi-
fiable to provide necessary economic or social develop-
ment; and provided, further, that the necessary degree of
waste treatment to maintain high water quality will be
required where physically and economically feasible.
Present and anticipated use of such waters will be pre-
served and protected.
Washington
44
(a) It shall be the intent of this policy that existing
beneficial uses shall be maintained and protected and no
further degradation which would interfere with or become
injurious to existing beneficial uses will be allowed.
(b) No degradation will be allowed of waters lying in
national parks, national recreation areas, national wildlife
refuges, national scenic rivers, and other areas of national
ecological importance.
(c) Whenever receiving waters of a classified area are of
a higher quality than the criteria assigned for said area,
the existing water quality shall be protected and waste and
other materials and substances shall not be allowed to
enter such waters which will reduce the existing quality
thereof, except, in those instances where:
(i) It is clear that overriding considerations of the
public interest will be served, and
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State
Washington
(con't)
(ii) All wastes and other materials and substances
proposed for discharge into the said waters shall be
provided with all known, available, and reasonable
methods of treatment before discharge,
(d) Whenever the natural conditions of said waters are of
a lower quality than the criteria assigned, the natural
conditions shall constitute the water quality criteria.
(e) The criteria established in WAG 173-201-045 may be
modified for a specific water body on a short-term basis
when necessary to accommodate essential activities,
respond to emergencies, or to otherwise protect the public
interest. Such modification shall be issued in writing by
the director or his designee subject to such terms and
conditions as he may prescribe.
(f) In no case, will any degradation of water quality be
allowed if this degradation interferes with or becomes
injurious to existing water uses and causes long-term and
irreparable harm to the environment.
(g) It shall be the policy of the state of Washington that
no waste discharge permit be issued which will violate
established water quality criteria for the said waters,
except, as provided for under WAG 173-201-035(8)(e).
45
West Virginia
Waters will not be lowered in quality, with respect to all
established criteria unless and until it has been affirma-
tively demonstrated to the Chief of the Division of Water
Resources, Department of Natural Resources, that such
change is justifiable as a result of necessary development
and will not interfere with or become injurious to any
present or future assigned uses of such waters. In special
cases where the facts warrant, more stringent standards or
exceptions thereto may be established. In implementing
the policy of this paragraph, the Administrator of the
Environmental Protection Agency will be kept advised and
provided with such information as he will need from time
to time to protect the interests of the United States and
the authority of the Administrator in maintaining high
quality of State waters.
A C
Wisconsin
No waters of the state shall be lowered in quality unless it
has been affirmatively demonstrated to the department
that such a change is justified as a result of necessary
economic and social development provided that no new or
increased effluent interferes with or becomes injurious to
any assigned uses made of or presently possible in such
waters.
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State
Wyoming
.47
Public Water Supply - All Wyoming surface waters which
are used as public water supplies shall be maintained at
such quality that, after conventional water treatment, the
treated water will meet the most recent Federal Primary
Drinking Water Standards published by the EPA or its
successor agency.
Degradation of such waters shall not be of such an extent
to cause significant increase in raw water treatment costs
to the public water supplier.
Industrial Water Supply - All Wyoming surface waters
which are used for industrial purposes shall be maintained
at a quality which allows continued use of such waters for
industrial purposes.
Degradation of such waters shall not be of such an extent
to cause significant increase in raw water treatment costs
to the industrial userfe).
Agricultural Water Supply - All Wyoming surface waters
which are used for agricultural purposes shall be main-
tained at a quality which allows continued use of such
waters for agricultural purposes.
Degradation of such waters shall not be of such an extent
to cause significant decrease in crop or livestock
production.
American Samoa
Waters whose existing quality is better than the established
standards as of the date on which such standards become
effective will be maintained at their existing high quality.
These and other waters of the Territory will not be lowered
in quality unless and until it has been affirmatively demon-
strated to the Environmental Quality Commission and the
U. S. Environmental Protection Agency (EPA) that such
change is justifiable as a result of necessary economic or
social development and will not interfere with or become
injurious to any assigned uses made, or presently possible,
in such waters. Any industrial, public or private project or
development which would constitute a new source of
pollution or an increased source of pollution to high quality
waters is required, as part of the initial project design, to
provide the highest and best degree of waste treatment
available.
In implementing this policy, the Commission shall keep the
Administrator of the Environmental Protection Agency
advised and shall provide him with such information to
discharge his responsibilities under the Federal Water
Pollution Control Act, as amended.
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State
District of Columbia 1. The following Antidegradation Policy is adopted for the
interstate waters of the District of Columbia:
A. For all stream sections of interstate waters of the
District of Columbia, existing instream water uses
shall be maintained and protected. No further water
quality degradation which would interfere with or
become injurious to existing instream water uses is
allowable.
B. Limited degradation is justifiable only to provide
necessary economic or social growth. In considering
if any degradation of an interstate water is justi-
fiable to provide necessary economic or social
growth, regardless of present water quatility, a
public hearing shall be held to solicit citizen and
local government views and recommendations on the
evaluation.
C. If limited degradation is allowed, it cannot result in
violation of water quality criteria that describe the
base levels necessary to sustain the national water
quality goal uses of protection and propagation of
fish, shellfish, and wildlife and recreation in and on
the water.
D. To accomplish the objectives of this Anti-
degradation Policy, all existing and new sources of
pollution will be required to provide the best
practicable degree of waste treatment to maintain
and/or improve the water quality of the receiving
stream.
E. In those cases where potential water quality impair-
ment associated with a thermal discharge is involved,
the Antidegradation Policy and implementing
methods shall be consistent with section 316 of P. L.
92-500.
2. The following Antidegradation Policy is adopted for
Rock Creek in the District of Columbia because of the
special status of those waters and Rock Creek Park:
The waters of portions of Rock Creek in the District of
Columbia are the highest quality waters now present in the
District of Columbia. Rock Creek traverses Rock Creek
Park, a National Park established by Congress for the
enjoyment of all citizens of the United States and
entrusted to the Department of the Interior "to conserve
the scenery and the natural and historic objects and the
wildlife therein and to provide for the enjoyment of the
-37-
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State
District of Columbia
(con't)
same in such manner and by such means as will leave them
unimpaired for the enjoyment of future generations" and to
the National Park Service to preserve from injury or
spoliation all timber, animals and curiosities within the
park area including Rock Creek and to retain them in their
natural condition, as nearly as possible. The waters of
Rock Creek are waters of exceptional recreational signi-
ficance because they constitute the only naturally-flowing,
easily accessible high quality waters in the District of
Columbia in a park setting. The National Capital Planning
Commission, the central planning agency for the Federal
Government in the Washington Metropolitan Area, has
directed that the essential integrity of Rock Creek Park as
the principal natural park within the District of Columbia
be protected and that under no circumstances should the
park be invaded by developments which would threaten its
future as a park of the first order. For these reasons, no
degradation shall be allowed in the waters of Rock Creek
in the District of Columbia.
Guam
Waters whose existing quality was better than the esta-
blished standards, as of April 1968, will be maintained at
the same high quality existing at that time.
Waters whose existing quality is less than the established
standards for their use due to the presence of substances,
conditions, or combinations thereof attributable to
domestic, commercial and industrial discharges or agricul-
tural, construction and other land-use practices, shall be
improved to comply with the established standards.
Waters will not lowered in quality unless and until it has
been affirmatively demonstrated to the Board of Directors
of the Guam Environmental Protection Agency that such a
change is justifiable as a result of necesary social, environ-
mental, or economic development and will not interfere
with or become injurious to any uses made of, or potent-
ially possible, in such waters. Any industrial, public or
private project or development, which would constitute a
new or increased source of pollution, will require, as part
of the initial project design, provision for the pollutant
removal or control technology necessary to protect the
designated use of receiving waters or maintain the existing
high quality of the receiving waters.
Puerto Rico49
Waters, whose existing quality as of the effective date of
these Regulations, is better than the standards established
herein will be maintained at such quality. These and other
waters of the Commonwealth will not be lowered in quality
-38-
-------
State
Puerto Rico
(con't)
unless it has been affirmatively demonstrated to the Board
that such a change is justified as a result of necessary
economic or social development and will not interfere or
become injurious to any assigned uses made of, or presently
possible in, such waters. This will require that any
industrial, public or private project, or development which
would constitute a new source of pollution, or a modified
source of pollution, to a high quality water body, possess as
a part of the initial project design the best practicable
control technology currently available. This decision of
the Board shall be preceded by adequate public notice.
Trust Territories
G
Waters whose existing quality is better than the established
standards as of the date on which such standards become
effective will be maintained at their existing high quality.
These and other waters of the Territory will not be lowered
in quality unless and until it has been affirmatively demon-
strated to the Environmental Protection Board or its
designee, and the Administrator of the Environmental
Protection Agency that such change is justifiable as a
result of necessary economic or social development and
will not interfere with or become injurious to any assigned
uses made of, or presently possible, in such waters. Any
industrial, public or private project or development which
would constitute a new source of pollution or an increased
source of pollution to high quality waters will be required,
as part of the initial project design, to provide the highest
and best degree of waste treatment available under exist-
ing technology.
Virgin Islands
H
Waters whose existing quality is better than the established
standards as of the date on which such standards become
effective will be maintained at their existing high quality.
These and other waters of the Virgin Islands will not be
lowered in quality unless and until it has been affirmatively
demonstrated to the Territory's water pollution control
agency and the Environmental Protection Agency that such
change is justifiable as a result of necessary economic and
social development and will not interfere with or become
injurious to any assigned uses made of, or presently
possible in such waters. Any industrial, public or private
project or development which would constitute a new
source of pollution to high quality waters will be required
as part of the initial project design, to provide the highest
and best practicable degree of waste treatment available
under existing technology, and since these are also Federal
Standards, these waste treatment requirements will be
developed cooperatively.
-39-
*U S GOVERNMENT PRINTING OFFICE: 1980 341-08?/125
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States
kr mental Protection
ington DC 20460
Postage and
Fees paid
Environmental
Protection
Agency
EPA 335
Business
for Private Use $300
Third-Class
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