No "backsliding" in renewed permits

Weakening effluent limits is known as “backsliding.” According to the anti-backsliding provisions, no permit may be renewed, reissued or modified “to contain effluent limitations which are less stringent than the comparable effluent limitations in the previous permit.”

Backsliding is generally illegal under the Clean Water Act, but there are circumstances where it may be allowed by law such as:

• when a facility must expand in order to increase production or to increase the population it serves and no viable alternative exists, or
• new information is available or mistakes were made in issuing the permit.

None of the exceptions are allowed, however if they would not meet technology-based limits or would violate water quality standards.

(CWA, Section 402(o))

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