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ProposedAntidegradation Rule
Stormwater Program Videoconference
April 23, 2013
Bill Cole,Water Quality Standards Unit
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Clean Water Act“…restore and maintain the chemical, physical, and biological integrity of the nation’s waters.”
Water quality standards• Designated beneficial uses• Criteria to support designated
beneficial uses• Antidegradation provisions
Why antidegradation?
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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: Prohibits degrading high water quality unless necessary for important social or economic development
Assimilati ve capacity
Variability
Long-term average
Water quality standard
Conditions
Degraded
Pristine
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Tier 2 Review
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Current rules outdated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
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Implications for stormwater program
Review trigger
Separate implementation
procedures
Scope of implementation
Activities that impact waters of the state
CWA regulatory authority exists
8(Size ≠ scale of activities)
Current scope of antidegradation implementation
Scope of implementation
Activities that impact waters of the state
CWA regulatory authority exists
Proposed rule increases scope of
implementation
9(Size ≠ scale of activities)
Scope of implementation
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Proposed rule:• Net increase in loading or other causes of
degradation• Baseline = date of most recently issued permit
Current rule, significant discharges:• Daily flow rate or• Toxic pollutant loading, with• Baseline = Jan 1, 1988
Review trigger
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Separate implementation
procedures
Widened scope of implementation requires separate procedures for:
• Individual NPDES wastewater permits; • General NPDES permits and individual
stormwater permits;• 401 certifications of individual federal
permits; and• 401 certifications of general federal permits.
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Separate implementation
procedures
Stormwater Implementation Procedures
• Agency does review during permit development • Review includes of parameters of concern
identification, an alternatives analysis, social/ economic justification, protection of ORVWs
• Individual activities covered under the permit are not subject to additional review when permit conditions are met
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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 approval
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ProposedAntidegradation Rule
Updates:MPCA’s Nondegradation Rulemaking Webpage
Questions/comments:Bill Cole, [email protected]
