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.
                                      - 1-

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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
                                       -2-

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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.
                                       -3-

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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.
                                       -4-

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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
                                      -5-

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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).
                                       -6-

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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.
                                      -7-

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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.
                                       -8-

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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.
                                       -9-

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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).
                                       -10-

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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.
                                      -14-

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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
                                      -11-

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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.
                                       -20-

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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
                                       -22-

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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-

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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
                                      -25-

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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
                                       -26-

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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,
                                      -27-

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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.
                                      -28-

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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
                                      -29-

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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.
                                      -30-

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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
                                      -31-

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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.
                                      -32-

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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
                                      -33-

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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


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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
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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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InlT


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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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