Indiana’s Antidegradation Legislative Direction

1. Indiana’s AntidegradationLegislative Direction ACEC Environmental Business Conference September 16, 2009 Senator Beverly Gard

2. Antidegradation History • Legislation • SB 431 (2000) • Two legislative extensions • 12 year rulemaking • Difficult policy decisions • Many different stakeholder positions • Stalemate • Needed more legislative direction

3. Senate Bill 419 • Addresses policy decisions • General permitting • Social or economic importance • Time limit for decisions • Exceptional use waters • High quality waters • Outstanding state resource waters • TMDLs

4. General Permitting • Existing rules may be modified • Activity (once permitted) will not be subject to further review • Legislation does not prohibit changing any existing or future general permit rule

5. Social or Economic Necessity • 19 factors listed to consider when determining whether discharge is of social or economic necessity • Many factors cast in a more positive manner • Example: deleted the term “harming” from the factors • Example: adding “recognizes social or economic necessity” with respect to determinations made by others in government

6. Factors for Consideration • Employment factors • Median income • Poverty level • Housing needs • Population changes • Impact on tax base • Impact on services • Correction of health, environmental or safety problems • Quality of life • Impact on recreation • Endangered species • Necessary for social and economic dev. • Additional factors presented by applicant • Recommendation by local gov’t • Other relevant factors

7. Time Limit for Decisions • Antidegradation determinations must be made concurrently with the underlying NPDES permit controlled by statute • Extra ninety days allowed for antidegradation determination allowed for cause

8. Exceptional Use Waters • Original SB 431 (2000): required the WPCB to eliminate exceptional use waters as a class of waters in IN and determine what should become of them • Non-code provision expired and nothing was done by the WPCB • SB 419 promotes eleven existing EUWs to the status of OSRWs and eliminates EUWs • Significant breakthrough in negotiations for all parties

9. TMDLs • Adds clarity to opportunity for public input • Language identical to existing procedures in law concerning pubic notice for initial 303(d) listing of impaired streams • Commissioner has the final approval • Expedite decision making • Not the WPCB

10. Legislative Process • Passed the Senate as SB 419 • Representative Joe Pearson, House Sponsor • Heard in House but no vote • Inserted in HB 1162 in Senate on 2nd reading • Conference Committee report passed: • House: 97-0 • Senate: 50-0

11. Questions ?