Antidegradation Implementation Procedure

Workshop Offered

A Water Protection Forum Workgoup assisted the department in developing a procedure for implementing the antidegradation rule. The procedure establishes a clear method for identifying the appropriate levels of protection (Tier 1, 2 or 3) appropriate for each water and for translating that decision to permits, water quality assessments and Total Maximum Daily Loads, or TMDLs.

On April 20, 2007, the Missouri Clean Water Commission approved an Antidegradation Implementation Procedure. In accordance with 40 CFR 131.12, this procedure is intended to satisfy a requirement for states to develop and adopt a statewide antidegradation policy and identify methods for implementing such policy.

A proposed rule amendment was filed with the Secretary of State on Dec. 13, 2007 and published in the Missouri Register on Jan. 16, 2008. During the public comment period on the proposed amendment, the department received several comments that justified changes to the implementation procedure. As a result, the department recommended that the Clean Water Commission approve modifications to the April 30, 2007 Antidegradation Implementation Procedure at the commission's May 7, 2008 public meeting. These changes are only for clarification, and do not alter original purpose or intent of the procedure.

At its May 7 meeting, the commission approved the Order of Rulemaking , which includes reference to the new, May 7, 2008 version of the Antidegradation Implementation Procedure.

Antidegradation Implementation Procedure - Approved April 20, 2007 and revised on May 7, 2008.

Written Comments and Department Responses on Proposed Rule Received During the Public Comment Period (The department's response follows the comments.)
Filed with Secretary of State, Dec. 13, 2007 - Public comment period ended March 19, 2008.

Testimony during March 12, 2008 Public Hearing

Although the implementation procedure has been developed, it must be published into state rule before it can go into effect. The department is proceeding with the necessary rulemaking and anticipates having a final rule in effect by Aug. 30, 2008.

For more information about this rulemaking, see the Water Protection Program’s Rules in Development Web page under Water Pollution Control Branch.

Staff Contact: John Rustige, 573-751-7298

More Information

Water Protection Program Antidegradation Information (including related regulations)
Antidegradation Implementation
Water Protection Forum