Review your state’s antidegradation process using NPDES discharge permits

1) Pick at least 10 permits. Such as:

• major permits, the most recently issued or renewed
• mix of municipal and industrial discharges
• at least one or two draft permits that are out for comment

2) Compare current permits to old permits (if applicable).

3) Look for changes that were allowed (or are proposed) and may have led to degradation. For example:

• new discharges or outfalls
• increased discharges (either concentration or loading)
• seasonal discharges that extend over a greater number of months
• changes to the instream flow assumptions
• changes to the design flow discharge
• weakening or removal of permit limit(s)
• creation of or increase in a mixing zone
• waiver of permit limits under certain storm conditions

4) Look for any analysis on file that could be considered an antidegradation review. Look for any reference to the antidegradation policy.

5) Talk with the agency about one or more of the permits with the most obvious changes.

6) Identify parts of the federal policy that are not implemented.

7) Identify where the state regulatory language and implementation guidance could be improved.

8) If the state doesn’t act to improve antidegradation reviews you can pursue media
attention, EPA review and legal action.

Note: You can also do this for the 401 water quality certification of 404 permits and FERC licenses (required for private hydropower dams) or anywhere else that 401 certification is performed. For example, if EPA is in charge of your NPDES permit process, 401 certification applies.

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