The Clean Water Act requires each state to protect the existing uses of its waters and to protect its high-quality waters from degradation. The act also requires each state to have methods to implement its antidegradation policy. Although Idaho has an anti-degradation policy, the state does not have procedures for how to implement it. In September 2009, the Idaho Conservation League sent a 60-day notice of intent to sue to the U.S. Environmental Protection Agency (EPA) over EPA's alleged failure to require Idaho to adopt an anti-degradation implementation procedure under the Clean Water Act. In response, on April 7, 2010, the Idaho Department of Environmental Quality (Idaho DEQ) announced its intent to revise its water quality standards to include methods to implement the policy. The text of the rule currently is being drafted by Idaho DEQ in conjunction with a negotiating committee made up of persons having an interest in the development of this rule.
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