[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: 40CFR131.12]

[Page 376]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 131--WATER QUALITY STANDARDS--Table of Contents
 
           Subpart B--Establishment of Water Quality Standards
 
Sec. 131.12  Antidegradation policy.

    (a) The State shall develop and adopt a statewide antidegradation 
policy and identify the methods for implementing such policy pursuant to 
this subpart. The antidegradation policy and implementation methods 
shall, at a minimum, be consistent with the following:
    (1) Existing instream water uses and the level of water quality 
necessary to protect the existing uses shall be maintained and 
protected.
    (2) Where the quality of the waters exceed levels necessary to 
support propagation of fish, shellfish, and wildlife and recreation in 
and on the water, that quality shall be maintained and protected unless 
the State finds, after full satisfaction of the intergovernmental 
coordination and public participation provisions of the State's 
continuing planning process, that allowing lower water quality is 
necessary to accommodate important economic or social development in the 
area in which the waters are located. In allowing such degradation or 
lower water quality, the State shall assure water quality adequate to 
protect existing uses fully. Further, the State shall assure that there 
shall be achieved the highest statutory and regulatory requirements for 
all new and existing point sources and all cost-effective and reasonable 
best management practices for nonpoint source control.
    (3) Where high quality waters constitute an outstanding National 
resource, such as waters of National and State parks and wildlife 
refuges and waters of exceptional recreational or ecological 
significance, that water quality shall be maintained and protected.
    (4) In those cases where potential water quality impairment 
associated with a thermal discharge is involved, the antidegradation 
policy and implementing method shall be consistent with section 316 of 
the Act.