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Indiana Department of Environmental Management

IDEM > Rules > Rules Archive > Non-Active Rules & Rules Materials > Archived Rules - Water Pollution Control Division > WPCB #08-764: Antidegradation WPCB #08-764: Antidegradation

#08-764 Final Antidegradation Standards and Implementation Rule

The antidegradation final rule was filed by the Publisher of the Indiana Register on May 29th. The rule became effective on June 28, 2012 as a state rule 30 days after filing.

On July 20, 2012, the Office of Water Quality delivered the antidegradation rule package to U.S. Environmental Protection Agency for its review.

Approval of Antidegradation Rules by U.S. EPA

Antidegradation Water Pollution Control Board Documents

Results of the March 14, 2012 Meeting

The Water Pollution Control Board final adopted the #08-764 Antidegradation Standards and Implementation Procedures rule on Wednesday, March 14, 2012.

March 14, 2012

The March 14, 2012 Water Pollution Control Board meeting was held at 1:30 PM in the Indiana Government Center South (IGCS), Conference Room A.

September 14, 2011

The September 14, 2011 Water Pollution Control Board meeting was held at 1:30 PM in the Indiana Government Center South (IGCS), Conference Rooms 1 & 2.

July 27, 2011

The July 27, 2011 Water Pollution Control Board meeting was held at 10:00 AM in the Indiana Government Center South (IGCS), Conference Room C.

Proposed Antidegradation Rule

On Friday, May 6, 2011, IDEM submitted its fiscal impact analysis of the antidegradation rulemaking to the State Budget Agency/Office of Management and Budget for their review. This package included the required fiscal analysis documents and a revised version of the rule. It is IDEM’s intent to request preliminary adoption of this revised version at the July 13, 2011 meeting of the Water Pollution Control Board.

Note: The July 2011 Water Pollution Control Board meeting date and time have been changed to July 27, 2011 at 10:00 AM.

Key changes include:

  • Replacing the term "pollutant of concern" with "regulated pollutant". Antidegradation standards and implementation apply to regulated pollutants which are defined to explicitly include nutrients.
  • Due to its unique and ubiquitous nature, mercury is specifically recognized in the antidegradation standards and addressed differently from other BCCs.
  • Most of the exemptions proposed in the second-noticed version of the rule are no longer exemptions, and require some level of an antidegradation demonstration (note: the exemption justification requirements were eliminated).
  • Exemptions remain for de minimis discharges and discharges that result from changes in processes that do not result in a change in loading.
  • De minimis is substantially simplified – 10% for both individual and cumulative impacts for all water bodies.
  • The antidegradation demonstration requirements are different for different categories of discharges.
  • The components of the antidegradation demonstration include:
    1. providing basic information about the discharge;
    2. showing that a discharge is necessary;
    3. outlining treatment alternatives when a discharge is necessary; and,
    4. indicating the social and economic benefit of discharges not already designated as beneficial.
  • Some activities may only require the first two components of an antidegradation demonstration, while others may require all four.

Documents

Antidegradation Stakeholder Subgroup Meetings

August 4, 2009

This Antidegradation Stakeholder Subgroup meeting was held on Tuesday, August 4, 2009, 1:00 p.m. - 4:00 p.m., IGCS, 402 W. Washington Street, Conference Room A.

April 22, 2009

This Antidegradation Stakeholder Subgroup meeting was held on Wednesday, April 22, 2009, 12:00 p.m. at Shadeland Office, 2525 N. Shadeland Ave., Indianapolis – Conference Room C.

January 26, 2009

This Antidegradation Stakeholder Subgroup Meeting was held on Monday, January 26, 2009, 10:00 a.m. at Shadeland Office, 2525 Shadeland Ave., Indianapolis - Conference Room C.

January 6, 2009

This Antidegradation Stakeholder Subgroup Meeting was held on Tuesday, January 6, 2009, 10:00 a.m. at Shadeland Office, 2525 Shadeland Ave., Indianapolis - Conference Room C.

December 11, 2008

This Antidegradation Stakeholder Subgroup Meeting was held on Thursday, December 11, 2008, 10:00 a.m. at Shadeland Office, 2525 Shadeland Ave., Indianapolis - Conference Room C.

October 30, 2008

This Antidegradation Stakeholder Subgroup Meeting was held on Thursday, October 30, 2008, 10:00am, at Shadeland Office, 2525 N. Shadeland Ave., Indianapolis – Conference Room C.

September 16, 2008

This Antidegradation Stakeholder Subgroup Meeting was on September 16, 2008, from 10:00am to 4:00pm, held at Shadeland Office, 2525 N. Shadeland Ave., Indianapolis – Conference Room C.

August 27, 2008

August 12, 2008

This Antidegradation Stakeholder Subgroup Meeting was on August 12, 2008, from 10:00am to 4:00pm, held at Shadeland Office, 2525 N. Shadeland Ave., Indianapolis – Conference Room C.

July 15, 2008

This Antidegradation Stakeholder Subgroup Meeting was on July 15, 2008, from 10:00am to 4:00pm, held at Shadeland Office, 2525 N. Shadeland Ave., Indianapolis – Conference Room C.

Documents Revised in Response to Stakeholder Feedback from the June, 25, 2008 Meeting, and Other Documents

Antidegradation Stakeholder Meetings

June 25, 2008

This Antidegradation Stakeholder Meeting was on June 25, 2008, from 10:00am to 5:00pm, held at Fort Benjamin Harrison, 6002 North Post Rd, Indianapolis - The Garrison, North Ballroom.

April 29, 2008

This Antidegradation Stakeholder Meeting was on April 29th, 2008, from 10 am to 5 pm, held at the Indiana Historical Society, 450 W. Ohio Street, Indianapolis – Classrooms Room A & B.

March 7, 2008

This Antidegradation Stakeholder Meeting was on March 7, 2008, from 1:00 pm to 3:00 pm, held at the Indiana Government Center South, 402 West Washington Street, Indianapolis – Conference Room A.

Antidegradation Notices and Comments