126.96.36.199 Antidegradation Policy. The state is to develop and adopt a statewide
antidegradation policy and identify the methods for implementing the policy. Where the
quality of the waters exceeds the level necessary for the designated use, that quality
will be maintained and protected unless after the full satisfaction of the
intergovernmental coordination and the public participation provisions the state finds
that allowing lower water quality is necessary to accommodate important economic or
social development in the area where the waters are located.
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
Where a potential water quality impairment associated with a thermal
discharge is involved, the antidegradation policy and implementation method must be
consistent with Section 316 of the CWA.
188.8.131.52 Public Hearings and EPA Notification. The state must, at least once every
three years, hold public hearings for the purpose of reviewing applicable water quality
standards and modifying them as appropriate. The state is to submit the results of the
review and any supporting analysis for the use attainability analyses to EPA. The
methodologies used for site-specific criteria development, any general policies, and
revisions to the water quality standards are also to be submitted to EPA for review and
After the state submits the officially adopted revisions, EPA notifies the
state within 60 days of approval or within 90 days of disapproval. A state water
quality standard remains in effect, even though disapproved by EPA, until the state
revises its standard or EPA promulgates a rule that supersedes the state standard.
If the state does not adopt changes specified by EPA within 90 days after
notification of disapproval, EPA will promptly propose and promulgate such a standard.
In promulgating water quality standards, EPA is subject to the same policies,
procedures, and public participation requirements as established for states.
Pretreatment Standards. EPA has also established pretreatment regulations
applicable to any industrial wastewater discharges to publicly-owned sewage treatment
works (POTW). The pretreatment regulations prohibit the discharge from causing
inhibition or disruption of the receiving POTW's sewer system, treatment processes, or
operations which contribute to a violation of the NPDES permit of the POTW. The
pretreatment regulations contain the following specific prohibitions.