ARCHIVED REPORTS_DRAFT ENVIRONMENTAL IMPACT REPORT

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Regulatory Requirements determination of whether and the degree to which water quality is lowered. This determination greatly influences the level of analysis required and the level of scrutiny applied to the FEDERAL AND STATE ANTIDEGRADATION POLICIES "balancing"test—i.e.whether the facility is necessary to accommodate important economic and social development,and whether a water quality change is consistent with maximum benefit to Antidegradation policies have been adopted at both the federal and state level. These policies are the people of the State. intended to protect existing water quality. Key requirements of a complete analysis are as follows: The federal policy,originally adopted in 1975,is expressed as a regulation in 40 CFR 131.12. • Determination of whether the project will produce minor effects which will not result in a The federal regulation requires that"water quality shall be maintained and protected". More significant reduction of water quality;and specifically,the federal regulation requires the states to develop and adopt a statewide antidegradation policy and identify the methods for implementing such policy. The • Determination of whether proposed load increases are substantial. antidegradation policy and implementation methods shall,at a minimum,be consistent with Factors to be considered in determining whether a project is necessary to accommodate ensuring that existing water uses and the level of water quality necessary to protect these uses important economic or social development and is consistent with maximum public benefit are: shall be maintained and protected. Where the quality of water is better than that necessary to support beneficial uses,measures shall be taken to ensure that water quality is maintained and • Past,present and probable beneficial uses. protected unless the State finds that allowing lower water quality is necessary to accommodate • Economic costs to maintain water quality compared to the benefits. important economic or social development in the area in which the water body is located. The State policy to maintain high quality waters in California was adopted in 1968 as a • Environmental aspects of the proposed discharge. resolution of the State Water Board(Resolution No.68-16). The state policy requires that • Consideration of feasible alternative control measures which might reduce,eliminate or changes in water quality not unreasonably affect beneficial uses. The state policy sets forth the compensate for negative impacts of the project. following requirements: The City has followed the procedures outlined in the guidance for conducting a complete 1. Whenever the existing quality of water is better than the quality established in antidegradation analysis to provide the Regional Water Board with the maximum amount of policies as of the date on which such policies become effective,such existing high information available. quality will be maintained until it has been demonstrated to the State that any change will be consistent with maximum benefit to the people of the State,will not unreasonably affect present and anticipated beneficial use of such water and will not result in water quality less than that prescribed in the policies. 2. Any activity which produces or may produce a waste or increased volume or concentration of waste and which discharges or proposes to discharge to existing high quality waters will be required to meet waste discharge requirements which will result in the best practicable treatment or control of the discharge necessary to assure that(a)a pollution or nuisance will not occur and(b)the highest water quality consistent with maximum benefit to the people of the State will be maintained. STATE GUIDANCE ON NPDES PERMITTING AND ANTIDEGRADATION In addition to the federal and state policies,the State Water Board issued guidance(APU 90-04) to all Regional Water Boards regarding the implementation of antidegradation policies in NPDES permits. The guidance addresses both the State and federal antidegradation policies in the issuance of NPDES permits. By using this guidance,a Regional Water Board can better determine if the proposed discharge is consistent with the intent and purpose of the state and federal antidegradation policies. APU 90-04 provides the Regional Water Board with guidance on the appropriate level of analysis that may be necessary,distinguishing between the need for a simple antidegradation analysis and a complete antidegradation analysis. It if is determined that a simple analysis is not appropriate,the State Water Board guidance describes a more rigorous level of analysis,called a"complete"analysis. A primary focus of the"complete"analysis is the City of Manteca Antidegradation Analysis 5 June 2007 City of Manteca Antidegradation Analysis 6 June 2007