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NONMANDATORY ANTIDEGRADATION STANDARDS Riverway, the entire length of the riverway on the Minnesota side was designated as an "outstanding resource water," with water quality standards that closely approximated EPA's ONRW standard. The state of Wisconsin, however, excluded substantial segments of its side of the riverway from "outstanding resource water" designation. Instead, Wisconsin adopted a designation that allows water quality to be degraded if justified by projected economic benefits. Second, some state antidegradation standards are designed only to protect water quality conditions necessary to preserve certain uses, rather than to avoid degradation of existing ambient conditions. This approach is inconsistent with EPA's ONRW reg- ulation, and may provide little or no protection for park waters, especially if the uses identified do not reflect the unique values and purposes of our parks. Third, park waters only receive special protec- tion if selected for "ONRW" or similar designation by state water quality agencies or legislatures. While park managers can petition state regulators for such designations, few parks have had the professional staff and funding to develop the necessary data and documents to do so. Finally, a recent EPA ruling approved by the Supreme Court may undermine the effectiveness of ONRW designations in preventing degradation of water quality. EPA had approved permits for pollu- tion discharge despite the fact that some of the pollu- tion would be carried downstream into ONRW-des- ignated waters. The agency ruled that the ONRW's antidegradation standard would not be violated because there was no proof that the additional pollu- tion would cause "actually detectable or measurable" deterioration in the quality of the ONRW-designated waters. Yet the ONRW was already suffering signifi- cant water quality degradation, rendering it difficult to prove a "detectable" contribution from the added pollution. In approving that EPA ruling, the Supreme Court overturned a decision of a U.S. Court of Appeals, which had held that a discharge permit could not be approved where any of the discharged pollution would reach a downstream ONRW.29 As a result, even where it is clear that a discharge of pollu- tion will reach downstream to park waters designated as an ONRW, that discharge can be permitted unless it is proved that the resulting decline in water quality in the ONRW will be "detectable." That will often be difficult to prove, particularly where many sources may already be contributing to degradation. NPCA RECOMMENDATI©N5: States should be required to designate all national park waters that are "high quality" or "eco4ogically significant" as "outstanding National resource waters" or an equivalent designa- tion prohibiting any degradation of park water quality. Congress Should: - ~ ~- 1. Amend the G1eaK~Vater Act _to require mandatory designation of ,park waters as "outstanding National resource waters" or an equiva-lent designation prohibiting anyidegradation of-park water~yuality. (See also section 1 on "i7rprratectedWatersheds," recommendation 5.) 2. Amend-the Clean Water Act to correct EPA's position that "`actually detectable or measurable" deteriora- tion in ONRW water quality must be proved in order to challenge upstream discharges, even where the pollution will admittedly reach an ONRW. 3. Further amend the dean Water Act~to require state water quality agencies (or the,Environmental Protection Agency) to directly notify and consult with the Park Service conceming any proceedings to clas- sify, reclassify or designate uses and standards for water bodies within a park's watershed, or for other waters that could affect park water resources. Authorize the. Park Service to require t£~e appropriate agency to initiate proceedings to consider classification, reclassification or designation of uses or standards for any water body where actions pertt[itted under existing classifications or standards_c"ould~adversely affect a park's water-related resources: " ~" 4. Adequately fund the Park $~rvice to complete the studies necessary to support well-zlz~cumented peti- tions or requests to "stag r~gulatdrs for dQSignation of park waters as "outstanding National resource waters" or an equivalent nondegradation classification. The Pnriz Service Should.' ~ ~ ~ ~ .. 5. Require all park rttanagers~to petition. or request appropriate state regulators to designate all qualifying park waters as "outstanding National resource waters" or an equivalent classification `prohibiting any degra- dation of park water quality- _ " 38