Nondegradation Policy in the United States

Nondegradation Policy in Environmental Law

A principle in environmental statutes that prohibits an area from allowing a deterioration of the air or water simply because it exceeds the national standards for pollutant control. The Clean Air Act has specific provisions to govern growth in air quality control regions that have attained the federal standards: the Prevention of Significant Deterioration program. See also National Ambient Air Quality Standards.

In the Clean Water Act, backsliding is prohibited. If a facility is treating its wastewater to a required level, the Environmental Protection Agency or state permitting agency may not relax the treatment required when the permit is reissued. Similarly, the Clean Water Act requires states to designate water quality standards for waters within their borders. The current use of the water must be preserved, except in extraordinary situations, and once the water quality is improved, the new status of the water is protected as a current use. The state’s water quality designations will impact development, because raising the quality of the water will mean that wastewater may have to be treated beyond the national standards.

No degradation provisions apply to nationally protected areas as well as state regulated natural resources. The quality of outstanding national resource waters, found in national and state parks, may not be reduced at all. Air quality standards and visibility are also strictly controlled in national and state parks, forests, and wildlife preserves. The effect of this type of policy is to limit growth not only within the protected areas, but also outside them.
Based on “Environment and the Law. A Dictionary”.