presented to: minnesota chamber of commerce october 1, 2012
TRANSCRIPT
ProposedAntidegradation Rule
Presented to:Minnesota Chamber of Commerce
October 1, 2012
2
Why antidegradation?
Clean Water Act“…restore and maintain the
chemical, physical, and biological integrity of the nation’s waters.”
• Designated uses• Criteria to support
designated uses• Antidegradation provisions
States establish standards
3
What is antidegradation?
A regulatory tool to preserve the state’s water quality
• implemented through control documents
• backstop, prevents degradation
• applies to waters of the state
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How does antidegradation work?
Outstanding resources(Tier 3)
High water quality(Tier 2)
Existing uses(Tier 1)
Levels of protection
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Tier 2 protection
Prevents unnecessary degradation of high water quality
Assimilati ve capacity
Variability
Long-term average
Water quality criterion
Conditions
Degraded
Pristine
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Long-term average
Variability
Tier 2 protection
Permanent exceedance of water quality standard is prohibited
Assimilati ve capacity
Water quality criterion
Conditions
Degraded
Pristine
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What is antidegradation review?
A publically-informed decision-making process
to determine whether and to what extent high water quality may be lowered
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What happens if a proposal would lower high water quality?
Antidegradation Assessment:1. Alternative analysis2. Social/economic justification
Agency review &preliminary
determination
Public participation
Agency finaldetermination
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Why revise the rule?
Current rules outdated
Reduce potential for litigation and
permit delays
Improve consistency with
Fed rules/guidance
Improve how we protect
water
10
Review trigger
Exemptions
Proposed changes
Scope of implementation
Physical alterations / existing uses
Clarify Restricted
ORVW protection
Public participation
Parameters ofconcern
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Proposed changes
The term "antidegradation" is more accurate and more consistent
with federal regulations, EPA guidelines and
other states’ provisions
Name change
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Rule format
Proposed changes
• Purpose statement reflects federal regulations
• More definitions
• Antidegradation procedures sequentially follows the review process
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Proposed changesName change
Rule format
Scope of implementation
Physical alterations / existing uses
Clarify Restricted
ORVW protection
Public participation
Parameters ofconcern
14
Review trigger
Proposed changes
Review is triggered by anet increase in loading or
other causes of degradation
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Exemptions
Proposed changes
• Emergency response actions• Class 7 waters (under specific conditions)
• Temporary and limited impacts
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Review trigger
Exemptions
Proposed changesName change
Rule format
Physical alterations / existing uses
Clarify Restricted
ORVW protection
Public participation
Activities that impact waters of the state
CWA regulatory authority exists
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No regulatory control, but implementation mechanisms may exist
(Size ≠ scale of activities)
Scope of implementation
Current scope of antidegradation implementation
Activities that impact waters of the state
CWA regulatory authority exists
Proposed rule increases scope of
implementation
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No regulatory control, but implementation mechanisms exist
(Size ≠ scale of activities)
Scope of implementation
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Scope of implementation
Proposed changes
Separate procedures for:
• Individual NPDES wastewater permits and individual 401
certifications; and• Individual NPDES stormwater
permits and general authorizations
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Parameters ofconcern
Proposed changes
Parameters to be reviewed are identified early, allowing for an effective alternatives analysis
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Review trigger
Exemptions
Proposed changesName change
Rule format
Scope of implementation
Parameters ofconcern
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Physical alterations / existing uses
Proposed changes
Reconcile the maintenance of
existing uses with physical modifications
allowed under the Clean Water Act
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Clarify Restricted
ORVW protection
Proposed changes
Preserve existing water quality necessary to maintain exceptional
characteristics for which the Restricted ORVW was designated
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Public participation
Proposed changes
Agency provides critical information:
Alternative analysis
Social/economic justification
Agency's preliminary determination
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Public participation coincides with the comment periods for permits and certifications
Public participation
Minn R 700
1
Minn R 700
1
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Review trigger
Exemptions
Proposed changesName change
Rule format
Scope of implementation
Physical alterations / existing uses
Clarify Restricted
ORVW protection
Public participation
Parameters ofconcern
27
Rulemaking next steps
2007 Start
Initial stakeholder meetings
Response to comments/ questions
Water quality forum direction
Proposed changes
Initial draft
More internal/ external input
Revise rule
SONAR development
“Administrative” process
Adopt
EPA approve
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Improve consistency with
Fed rules/guidance
Why revise the rule?
• Scope of implementation
• De minimis discharges
• Demonstration of necessity through a thorough alternative analysis
• Establish existing water quality in antidegradation determinations
• Public participation
30
Why revise the rule?
Current rules outdated
Reduce potential for litigation and
permit delays
Improve consistency with
Fed rules/guidance
Improve how we protect
water
31
Rulemaking path
2007 Start
Initial stakeholder meetings
Response to comments/ questions
Water quality forum direction
Proposed changes
Initial draft
More internal/ external input