[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR130.26]

[Page 360]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 130--WATER QUALITY PLANNING AND MANAGEMENT--Table of Contents
 
   Subpart C--Identifying Impaired Waterbodies And Establishing Total 
                       Maximum Daily Loads (TMDLs)
 
Sec. 130.26  How do you apply your water quality standards antidegradation policy to the listing of impaired waterbodies?

    (a) Water quality standards as defined at 40 CFR part 131 include 
several requirements, including one for a State antidegradation policy. 
Your list must include waterbodies consistent with your antidegradation 
policy as described below.
    (1) Any waterbody is impaired if it is not maintaining a designated 
use or more protective existing use that was attained on or after 
November 28, 1975.
    (2) Any Tier 3 waterbody is impaired when the level of water quality 
that existed at the time the waterbody was designated as Tier 3 has 
declined. Tier 3 waters are waters you have designated as outstanding 
national resource waters.
    (b) [Reserved]