Alaska Department of Environmental Conservation Division of Water Brock Tabor Nancy Sonafrank Alaska Forum on the Environment 2013

Antidegradation Overview of today’s presentation: What are Water Quality Standards? What is “Antidegradation?” What is the Antidegradation Workgroup? What are the Workgroup recommendations? What happens next? 2

Clean Water Act 101 Passed by U.S. Congress in 1972 to address water pollution issues Each state must develop Water Quality Standards 3

Water Quality Standards Water Quality Standards are: The foundation of state/tribal water quality-based pollution control programs under the Clean Water Act Are to protect public health or welfare, enhance the quality of the water and serve the purposes of the Clean Water Act 4

Water Quality Standards are composed of three main parts 1. Designated Uses – how water is used (e.g. recreational, industrial, aquatic life) 2. Criteria (numeric and narrative limits) 3. Antidegradation (protects high quality waters ) 5

Foundation of a Water Quality Standard 6 Water Quality Standard Criteria Designated use(s) Antidegradation

What’s a “Designated Use?” Designated Uses include: Water supply (e.g. Drinking water) Water recreation Growth and propagation of fish Harvesting for consumption Uses exist for Fresh AND Marine waters 7

Water Quality Criteria Level of pollutant that will support the designated use Based on a dose and a duration of exposure Example: Use  growth and propagation of fish, shellfish, other aquatic life, and wildlife Criteria  total aromatic hydrocarbons (TAH) must be less than 10 micrograms per liter (10 parts per billion) to maintain use 8

Antidegradation- Focus of today’s talk Antidegradation is: A process for determining whether and to what extent the quality of high quality water can be lowered towards water quality criteria. Only allows for degradation if you can ensure that… Existing/designated uses are maintained Quality will not be less than state criteria Lowering of existing quality is necessary for important social or economic development 9

Antidegradation “Tier 1 protection” –Maintain and protect existing uses for all waters “Tier 2 protection” – our focus today High quality water Most waters in Alaska “Tier 3 protection” Outstanding National Resource Waters (ONRWs) Only allow for temporary degradation 10

Two Examples of High Quality (Tier 2) 11 Metal Concentration (protective threshold) (low pollutant concentration) Dissolved Oxygen (protective threshold) (concentration) Water Quality Criterion Baseline for High Quality Water 0

Permitting Example EXAMPLE: Sewage treatment plant discharges to a river: The river is designated for water recreation Recreational criterion is 200 fecal coliforms per 100 milliliters Baseline (background) concentration is 20 fecal coliforms Can fecal coliforms be added to the river? 12

Policy & Implementation Methods Clean Water Act requires Antidegradation Policy Antidegradation Implementation Methods DEC has Antidegradation Policy - 18 AAC , adopted in 1997 Interim Implementation Procedures (2010) Final implementation methods proposed by the end of 2013 in regulation 13

Antidegradation Workgroup Role: Advisory in nature Inform regulation process Representing a variety of interests A process oriented effort Tasks Evaluate seven DEC-identified issues that can influence how regulations are crafted Explore whether other options exist Produce a Final Report for DEC to consider 14

Antidegradation Workgroup Workgroup Process: Compare and evaluate options based on other state approaches and/or experience in Alaska Identify preferred elements for Alaska Assemble elements into recommendations included in the Workgroup report Provide recommendation(s) for draft regulatory or statutory elements 15

Antidegradation Workgroup Meetings: Meetings were held in Anchorage and open to the general public Public comment took place at the end of morning and afternoon sessions Outcomes: Minutes and products produced as a result of the meetings are publicly available via DEC website Final Workgroup Report is available on DEC website- 16

Seven Issues the Workgroup addressed Issue #1: What Triggers an Antidegradation Review? Issue #2: What information is needed to determine Baseline Water Quality? Issue #3: How are Outstanding National Resource Waters (ONRWs) designated? 17

Seven Issues the Workgroup addressed Issue #4: Tier 2 Analysis- How should DEC evaluate important social or economic development of a project? Issue #5: Tier 2 Analysis: What level of alternative analysis is necessary? Issue #6: How are waters ranked as Tier 1 and Tier 2? Issue #7: Should DEC define significant and/or de minimis degradation? 18

What Triggers an Antidegradation Review? What waters should Antidegradation apply to? What CWA activities trigger a review process? Is an antidegradation review only needed for new discharges? What about existing permits that didn’t originally have an antidegradation review (pre-1997)? 19

What Triggers an Antidegradation Review? Recommendations Antidegradation requirements will apply to Waters of the U.S. in Alaska (surface but not groundwater) Only activities regulated by DEC under CWA §401, 402, and 404 should be subject Use existing processes when possible 20

What Triggers an Antidegradation Review? (cont.) All activities are subject to Tier 1 antidegradation reviews  all waters should meet the designated use criteria Tier 2 antidegradation requirements should apply only to new or expanded discharges Documentation of Tier 1 and Tier 2 analysis will occur during the existing permit and fact sheet drafting process 21

What Information is needed to determine Baseline Water Quality? How much info is needed from a permit applicant? What does the baseline water quality tell the DEC? How do you make a determination if you do not already have baseline information? 22

What Information is needed to determine Baseline Water Quality? Recommendations DEC should retain the existing permitting approach DEC should begin with the assumption that waters should be protected at the Tier 2 level DEC should consider all reasonable, foreseeable uses of the waterbody when determining its assimilative capacity 23

How are Waters Ranked as Tier 1 and Tier 2? What is the basis for tier ranking? Waterbody by waterbody; Parameter by parameter; or Hybrid approaches When a waterbody/parameter is near the water quality criteria, how is the tier determined? 24

How are Waters Ranked as Tier 1 and Tier 2? Recommendation DEC should use a parameter-by-parameter approach for Tier 1 & 2 DEC should use a Waterbody approach for Tier 3 25

Should DEC Define Significant and/or de minimis Degradation? Background De minimis refers to a small or non-substantial lowering of receiving water quality without having to undergo an antidegradation analysis Designated uses in the waterbody will be protected 26

Should DEC Define Significant and/or de minimis Degradation? How can assimilative capacity be calculated given the limited water quality data in Alaska? What about cumulative degradation from multiple discharges? Presumptive compliance – should certain categories of facilities be exempt from analysis? 27

Should DEC Define Significant and/or de minimis Degradation? Recommendations DEC should NOT adopt a de minimis approach New permits or changes in existing permits will trigger an antidegradation review DEC retains discretion on the level of detail required for a Tier 2 antidegradation review 28

Tier 2 Analysis – How Should DEC Evaluate Whether a Project Provides Important Social or Economic Development What factors constitute “important”? Information required of applicants? What level of review and documentation is needed? Should the level of review and documentation vary based on potential risk ? 29

Tier 2 Analysis: Social/Economic Importance? Recommendations Can be Social or Economic Social benefits. Community Services Public health and safety Infrastructure improvements Economic benefits. Employment Tax base impact Transportation network access 30 Courtesy: Eklutna Water Treatment Plant.

Tier 2 Analysis: What Level of Alternatives Analysis is Necessary? An Alternative Analysis is: “the proposed degradation to water quality is “necessary” and the methods of pollution prevention control and treatment are the most effective and reasonable.” What information should DEC be using to determine this? 31

Tier 2 Analysis: What Level of Alternatives Analysis is Necessary? Recommendations DEC should use the term “practicable” since it accounts for “available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.” DEC should use all information available Applicant should be required to provide a range of alternatives Range should be reasonable 32

How are Outstanding National Resource Waters (ONRWs) Designated? What types of waters should be designated as ONRWs? What process should be used to nominate, evaluate, and designate an ONRW? How would this affect permitted activities on that waterbody? 33

How are Outstanding National Resource Waters (ONRWs) Designated? Recommendations ONRWs should be waters that are unique to Alaska - difficult to compare with waters in lower 48 Nomination process: Keep it simple DEC should perform an initial completeness review of application 34

How are Outstanding National Resource Waters (ONRWs) Designated? Recommendations (cont.) A multi-agency board should be created to evaluate nominations The legislature may be involved via: Direct action Delegating decision-making authority to DEC Nominations will be reviewed periodically (e.g. every three years) 35

Now What? Continue to conduct Outreach to different stakeholder groups DEC is currently drafting regulations based in part on workgroup recommendations The Draft Regulations will be made available for public review and comment by the end of

Staying Involved Website: Antidegradation List Serve: /jl.htm Water Quality Standards List Serve: Wastewater Discharge (APDES) List Serve: 37

Thank you for your time! Thoughts? Suggestions? Questions? We want to hear from you! 38