Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 307 - TEXAS SURFACE WATER QUALITY STANDARDS › Section 307.5 - Antidegradation

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
				The antidegradation policy and implementation procedures set forth in this
				section apply to actions regulated under state and federal authority that would
				increase pollution of the water in the state. Such actions include authorized
				wastewater discharges, total maximum daily loads (TMDLs), waste load
				evaluations, and any other miscellaneous actions, such as those related to
				man-induced nonpoint sources of pollution, that may impact the water in the
				state.
(b) Antidegradation policy.
				In accordance with the Texas Water Code, §
									26.003,
				the following provisions establish the antidegradation policy of the
				commission.
(1) Tier 1. Existing uses and
				water quality sufficient to protect those existing uses must be maintained.
				Categories of existing uses are the same as for designated uses, as defined in
				§
										307.7
				of this title (relating to Site-Specific Uses and Criteria).
(2) Tier 2. No activities subject to
				regulatory action that would cause degradation of waters that exceed
				fishable/swimmable quality are allowed unless it can be shown to the
				commission's satisfaction that the lowering of water quality is necessary for
				important economic or social development. Degradation is defined as a lowering
				of water quality by more than a de minimis extent, but not to the extent that
				an existing use is impaired. Water quality sufficient to protect existing uses
				must be maintained. Fishable/swimmable waters are defined as waters that have
				quality sufficient to support propagation of indigenous fish, shellfish,
				terrestrial life, and recreation in and on the water.
(3) Tier 3. Outstanding national resource
				waters are defined as high quality waters within or adjacent to national parks
				and wildlife refuges, state parks, wild and scenic rivers designated by law,
				and other designated areas of exceptional recreational or ecological
				significance. The quality of outstanding national resource waters must be
				maintained and protected.
(4)
				Discharges that cause pollution that are authorized by the Texas Water Code,
				the Federal Clean Water Act, or other applicable laws must not lower water
				quality to the extent that the Texas Surface Water Quality Standards are not
				attained.
(5) Anyone discharging
				wastewater that would constitute a new source of pollution or an increased
				source of pollution from any industrial, public, or private project or
				development is required to provide a level of wastewater treatment consistent
				with the provisions of the Texas Water Code and the Clean Water Act
				(33 United States
				Code, §§1251 et seq.). As
				necessary, cost-effective and reasonable best management practices established
				through the Texas Water Quality Management Program are achieved for nonpoint
				sources of pollution.
(6)
				Application of antidegradation provisions does not preclude the commission from
				establishing modified thermal discharge limitations consistent with the Clean
				Water Act, §316(a) (33 United States Code,
				§1326).