Implementation of Antidegradation Policies for Indiana Waters

Outline What Are the Components of Water Quality Standards? What Are Current Antidegradation Policies for Indiana? What Are the GLI Antidegradation Rule Components? Proposed Approach How Will the Default Antidegradation Effluent Limits Be Determined? Is There a De Minimus? What Are the Requirements for a New/Increased Discharge? What Information is Required in Part 1 of the Antidegradation Application? When is Part 1 of the Antidegradation Application Considered to be Complete? What Information is Required in Part 2 of the Antidegradation Application? When is Part 2 of the Antidegradation Application Considered to be Complete? How Will the Public Be Notified About the Process? Water Quality Project in an OSRW Summary Flow Chart

What Are the Components of Water Quality Standards? Designated Uses (40 CFR §131.10)  fishing, recreation, drinking Criteria (40 CFR §131.11)  protects designated uses  narrative or numeric Antidegradation Policy (40 CFR §131.12)  3 tiers  Tier 1: maintain existing uses  Tier 2: protection of high quality waters (HQWs) Tier 2.9: Indiana Outstanding State Resource Waters (OSRWs) & Exceptional Use Waters (EUWs) limited degradation  Tier 3: ONRWS; no degradation

What Are Current Antidegradation Policies for Indiana? 1970s – IDEM adopted antidegradation policy for all waters as part of the WQS IDEM adopted antidegradation implementation procedures for the Great Lakes Basin ONLY as part of GLI initiative

What Are the GLI Antidegradation Rule Components? De Minimus Background Concentration Total Loading Capacity Unused Loading Capacity Economic Review Health Risk Review Treatment Technology Analysis Pollution Prevention / Alternatives Analysis Affordability Analysis

Proposed Approach Applicable to all surface waters  new/increased discharges that result in new/increased permit limits Technology based Default antidegradation effluent limits

How Will the Default Antidegradation Effluent Limits Be Determined? Determined based on the most stringent of:  Water Quality Based Effluent Limit (WQBEL) calculated using no in-stream dilution OR  Best Available Treatment (BAT)  best professional judgment of the state in accordance with 327 IAC (BPJ/BAT); Greater protection than current regulations

Is There a De Minimus? High Quality Waters: projected effluent limit is equal to or less than the default antidegradation effluent limit Outstanding State Resource Waters: projected effluent limit is equal to or less than the ambient water quality

What Are the Requirements for a New/Increased Discharge? 1. Determine that discharge doesn’t qualify as non- significant lowering 2.Satisfactory completion of ‘Necessary & Social/Economic’ tests (Antideg. Application Part 1) 3. If default antideg. limit(s) accepted, proceed to permitting  For OSRWs, implement water quality project/pay fee 4. If default antideg. limit(s) not accepted, complete treatment alternatives analysis (Antideg. Application Part 2) 5. If treatment alternatives analysis is acceptable, permitting proceeds with alternate limits

What Information is Required in Part 1 of the Antidegradation Application? 1. Facility Information 2. Wastewater Characterization 3. The Necessary Demonstration 4. Social/Economic Benefits Demonstration

When is Part 1 of the Antidegradation Application Considered to be Complete? Part 1 is complete when IDEM receives a letter from permittee accepting default antideg. limit(s).

What Information is Required in Part 2 of the Antidegradation Application? Wastewater Treatment/Control Alternatives Analysis  analysis of end-of-pipe treatment methods  compare pollutant removal/reduction  compare cost to install and operate  evaluation of Alternatives Analysis

When is Part 2 of the Antidegradation Application Considered to be Complete? Part 2 is complete when IDEM receives a letter from permittee accepting alternate limit(s).

How Will the Public Be Notified About the Process? By information on an IDEM website providing notice of a complete antideg. application. This information will also be available through electronic notification. By public noticing of a draft permit after the applicant has successfully completed the requirements for the Necessary and Social/Economic tests AND either accepts default antideg. limits OR successful completion of treatment alternatives analysis.

Water Quality Project in an OSRW Applicants choosing to implement a water quality improvement project,  must submit the proposed project to IDEM for concurrence approval  show adequate demonstration that project will result in an overall improvement to the water quality in the OSRW  demonstrate cooperation with local communities  implementation of project will be included in the permit as a schedule of compliance Public notice and participation May not use a water quality improvement project that is being planned/implemented due to other regulatory requirements or the settlement of an enforcement action

Summary Flow Chart

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