1 Stormwater Program Videoconference April 23, 2013 Bill Cole, Water Quality Standards Unit

“…restore and maintain the chemical, physical, and biological integrity of the nation’s waters.” 2 Designated beneficial uses Criteria to support designated beneficial uses Antidegradation provisions Why antidegradation?

antidegradation How does antidegradation work? Outstanding resources (Tier 3) Outstanding resources (Tier 3) High water quality (Tier 2) High water quality (Tier 2) Existing uses (Tier 1) Existing uses (Tier 1) Levels of protection 3

Tier 2 protection: Tier 2 protection: Prohibits degrading high water quality unless necessary for important social or economic development 4 Variability Long-term average Water quality standard

Tier 2 Review Procedure triggered Antidegradation Assessment: 1.Alternative analysis 2.Social/economic justification Antidegradation Assessment: 1.Alternative analysis 2.Social/economic justification Agency review & preliminary determination Public participation Agency final determination 5

Why revise the rule? 6

Implications for stormwater program 7

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

10 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

Separate implementation procedures 11 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.

Separate implementation procedures 12 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

Rulemaking next steps 2007 Start Initial stakeholder meetings Response to comments/ questions Water quality forum direction Proposed changes Initial draft More internal/ external input 13 Revise rule SONAR development “Administrative” process Adopt EPA approval

14 Updates: MPCA’s Nondegradation Rulemaking Webpage Questions/comments: Bill Cole,