Antidegradation action checklist

1) Go to River Network’s database of state Clean Water Act information to get a copy of your state’s antidegradation policy and implementation procedures (www.rivernetwork.org/cleanwater/cwa_search.asp).

2) Compare your agency’s policy to the federal policy. Note any sections that are less protective than the federal policy (p. 36) as well as any that seem unclear or incomplete.

3) If your state has implementation procedures, review them carefully. Do they seem adequate to turn policy into everyday action? If implementation procedures have not been developed, insist that the state agency do so. Use the federal regulations (40CFR131.12(a)) to make your point.

4) Ask officials with your agency whether and how the policy is applied to permitting decisions (e.g., NPDES, 404, 401) in your watershed.Ask for recent examples. Is there documentation of the review? Insist on it.

5) Document any instances when you believe the policy should have been applied but it wasn’t. Put your concerns about the adequacy of the policy or its implementation in writing and discuss them with officials at your water quality agency and the regional office of the EPA.

6) When new permits are proposed or old ones renewed, get involved to make sure the antidegradation procedures are fully and faithfully followed. The antidegradation policy applies beyond permits to “activities,” but it is easier to evaluate the process through NPDES permits and 401 certification of federal permits.

7) If improvements in the state’s policy and procedures are needed, work with other public interest groups to secure them through the Triennial Review or a petition.

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