In the case of wetland fills, however, EPA allows a slightly different 

 interpretation of the antidegradation policy." Because on the federal level, the 

 Congress has anticipated the issuance of at least some permits by virtue of Section 404, 

 it is EPA's policy that, except in the case of ORWs, the "existing use" requirements of 

 the antidegradation policy are met if the wetland fill does not cause or contribute to 

 "significant degradation" of the aquatic environment as defined by Section 230.10(c) of 

 the Section 404(b)(1) Guidelines.^' 



These Guidelines lay a substantial foundation for protecting wetlands and other 

 special aquatic sixes from degradation or destruction. The purpose section of the 

 Guidelines states that: 



". . . from' a national perspective, the d^radation or destruction of special aquatic sites, 

 such as filling operations in wetlands, is considered to be among the most severe 

 environmental impacts covered by these Guidelines. The guiding principal should be 

 that degradation or destruction of special sites may represent an irreversible loss of 

 valuable aquatic resources."^ 



The Guidelines also state that the following effects contribute to significant 

 degradation, either individually or collectively: 



". . . significant adverse effects on (1) human health or welfiure, including efi'ects on 

 municipal water supplies, plankton, fish, shellfish, wildlife, and special aquatic sites 

 (e.g., wetlands); (2) on the life stages of aquatic life and other wildlife dependent on 

 aquatic ecosystems, including the transfer, concentration or spread of pollutants or 

 their byproducts beyond the site through biological, physical, or chemical process; (3) 

 on ecosystem diversity, productivity and stability, including loss of fish and wildlife 

 habitat or loss of the capacity of a wetland to assimilate nutrients, purity water or 

 reduce wave energy; or (4) on recreational, aesthetic, and economic values."^ 



The Guidelines may be used by the States to determine "significant degradation" 

 for wetland fills. Of course, the States are free to adopt stricter requirements for 

 wetland fills in their own antidegradation policies, just as they may adopt more stringent 

 requirements than federal law requires for their water quality standards in general. 



C Apptying Water Quality Standards Reguhitions to Wetlands • What States 

 are Doing Now 



Some States have taken the lead in using 401 certification as a wetlands 

 protection tool to protect them for 'heir water quality and other irreplaceable functions, 

 such as storage places for flood waters, erosion control, foodchain support and habitat 



14 



