Implementation of Antidegradation Policies for Indiana Waters

1. Implementation of Antidegradation Policies for Indiana Waters

2. 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

3. 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

4. What Are Current Antidegradation Policies for Indiana? • 1970s – IDEM adopted antidegradation policy for all waters as part of the WQS • 1997- IDEM adopted antidegradation implementation procedures for the Great Lakes Basin ONLY as part of GLI initiative

5. 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

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

7. How Will the Default Antidegradation Effluent Limits Be Determined? Greater protection than current regulations • 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 5-5-2 (BPJ/BAT);

8. 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

9. 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) • If default antideg. limit(s) accepted, proceed to permitting • For OSRWs, implement water quality project/pay fee • If default antideg. limit(s) not accepted, complete treatment alternatives analysis (Antideg. Application Part 2) • If treatment alternatives analysis is acceptable, permitting proceeds with alternate limits

10. 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

11. 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).

12. 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

13. 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).

14. 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.

15. 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

16. Summary Flow Chart

17. Questions??