40 CFR 131.12 - Antidegradation policy

Cite as40 CFR 131.12
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102 practice notes
  • National Pollutant Discharge Elimination System (NPDES): Applications and Program Updates
    • United States
    • Federal Register May 18, 2016
    • May 18, 2016
    ...Antidegradation Reference (40 CFR 122.44(d)) EPA proposes to revise 40 CFR 122.44(d) to include a reference to 40 CFR 131.12 in order to ensure consistency with the state antidegradation requirements established under that section. CWA section 301(b)(1)(C) requires that NPDES permit limits ......
  • Water programs: Clean Water Act— Water quality planning and management; National Pollutant Discharge Elimination System program and Federal antidegradation policy,
    • United States
    • Federal Register August 23, 1999
    • August 23, 1999
    ...expansion,'' only the expanded portion of the discharge (the new loadings) would be subject to the offset requirements under 40 CFR 131.12(a)(1)(ii). For existing dischargers with a current permitted load, the definition of a significant expansion and the amount for which offsets are requir......
  • Pud No. 1 of Jefferson County v. Washington Dep't of Ecology, 921911
    • United States
    • United States Supreme Court
    • February 23, 1994
    ...instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected." 40 CFR § 131.12 (1992). At a minimum, state water quality standards must satisfy these conditions. The Act also allows States to impose more stringent water quality ......
  • West Virginia Coal Ass'n v. Reilly, Civ. A. No. 2:87-0834.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • December 28, 1989
    ...own NPDES permitting program to adopt a statewide anti-degradation policy to protect existing in-stream water uses and water quality. 40 C.F.R. § 131.12. Permits may not be issued by a state under conditions that would violate applicable state water quality standards. 40 C.F.R. § The plaint......
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72 cases
  • Pud No. 1 of Jefferson County v. Washington Dep't of Ecology, 921911
    • United States
    • United States Supreme Court
    • February 23, 1994
    ...instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected." 40 CFR § 131.12 (1992). At a minimum, state water quality standards must satisfy these conditions. The Act also allows States to impose more stringent water quality ......
  • West Virginia Coal Ass'n v. Reilly, Civ. A. No. 2:87-0834.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • December 28, 1989
    ...own NPDES permitting program to adopt a statewide anti-degradation policy to protect existing in-stream water uses and water quality. 40 C.F.R. § 131.12. Permits may not be issued by a state under conditions that would violate applicable state water quality standards. 40 C.F.R. § The plaint......
  • Ohio Valley Environmental Coalition v. Horinko, No. CIV.A. 3:02-0059.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • August 29, 2003
    ...S.Ct. 1900; see also 33 U.S.C. § 1313(d)(4)(B). Pursuant to this statute, the EPA promulgated a regulation governing antidegradation, 40 C.F.R. § 131.12. Section 131.12 requires States to "develop and adopt a statewide antidegradation policy and identify methods for implementing such policy......
  • Kentucky Waterways Alliance v. Johnson, No. 06-5614.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • September 3, 2008
    ...require each State to "develop and adopt a statewide antidegradation policy and identify the methods for implementing such policy." 40 C.F.R. § 131.12(a) The EPA regulations further provide that "[t]he antidegradation policy and implementation methods shall, at a minimum, be consistent with......
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1 firm's commentaries
  • Louisiana’s Coming Antidegradation Policy Implementation Procedures
    • United States
    • LexBlog United States
    • July 24, 2009
    ...(1) See, LAC 33:IX.1109.A (antidegradation policy); LAC 33:IX.1119 (implementation plan for antidegradation policy); and 40 C.F.R. 131.12. (2) Pursuant to the Clean Water Act, LDEQ has evaluated each Louisiana surface water (river, lake, stream, etc.) and determined its “designated uses”; i......
2 books & journal articles
  • States' Roles and State Programs
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...is designed to maintain existing water uses and a level of water quality necessary to protect and maintain existing water uses. See 40 C.F.R. § 131.12 . In PUD No. 1 of Jefferson County v. Washington Department of Environmental Quality , 511 U.S. 700 (1994) , the Supreme Court held that a s......
  • Will more, better, cheaper, and faster monitoring improve environmental management?
    • United States
    • Environmental Law Vol. 44 Nbr. 4, September 2014
    • September 22, 2014
    ...pathogens from drinking water). (84) See U.S. Envtl. Prot. Agency, Water Quality Standards Handbook, Chapter 4: Antidegredation (40 C.F.R. 131.12), http://water.epa.gov/scitech/swguid2ince/standards /handbook/chapter04.cfm (last visited Nov. 22, 2014) ("The term 'aquatic life' would more ac......

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