Indiana Administrative Code
Title 327 - WATER POLLUTION CONTROL DIVISION
Article 2 - WATER QUALITY STANDARDS
Rule 1.3 - Antidegradation Standards and Implementation Procedures
Section 1.3-5 - Antidegradation demonstration

Universal Citation: 327 IN Admin Code 1.3-5

Current through September 18, 2024

Authority: IC 13-13-5-1; IC 13-13-5-2; IC 13-18

Affected: IC 13-23-13; IC 13-24-1; IC 13-25-5

Sec. 5.

(a) Any person requesting a new or increased loading that would cause a lowering of water quality that is not exempt under section 4 of this rule shall submit the information described in this section to the commissioner to support the commissioner's determination that the proposed new or increased loading is necessary and accommodates important social or economic development in the area of the loading. The following basic information must be submitted:

(1) The regulated pollutants proposed to be in the new or increased loading.

(2) The estimated concentration and mass of all regulated pollutants proposed to be in the new or increased loading.

(3) The location of the proposed discharge and a map of the area of the proposed discharge that shows the receiving water or waters that would be affected by the new or increased loading, including the area downstream of the proposed discharge.

(4) The physical, biological, and chemical conditions of the receiving water or waters as determined by:
(A) available information; or

(B) additional information, including, if requested by the department, the results of water quality analysis such as:
(i) chemical analysis;

(ii) biological analysis; or

(iii) both items (i) and (ii).

(b) Any person requesting a new or increased loading that would cause a lowering of water quality that is not exempt under section 4 of this rule shall submit an antidegradation demonstration that includes the basic information required under subsection (a) and the necessary information required under subsection (c) for the following beneficial activities that result in a new or increased loading:

(1) A change in loading of a regulated pollutant due solely to implementation of:
(A) enforceable municipal or industrial controls on wet weather flows, including combined sewer overflows; or

(B) an enforceable individual NPDES permit for storm water associated with industrial activity;

when there is no net increase in the quantity and concentration of the regulated pollutant to the same ten (10) digit watershed.

(2) A new or increased loading of a regulated pollutant due to one (1) or more of the following:
(A) A response action under CERCLA, as defined in IC 13-11-2-24, as amended.

(B) A corrective action under RCRA, as amended.

(C) An action utilizing federal or state authorities with regulations to alleviate a release into the environment of hazardous substances, pollutants, or contaminants that may pose an imminent or existing and substantial danger to public health or welfare, including one (1) or more of the following:
(i) An underground storage tank (UST) corrective action under IC 13-23-13.

(ii) A remediation of petroleum releases under IC 13-24-1.

(iii) A voluntary remediation under IC 13-25-Sec. 5.

(iv) An abatement or correction of any polluted condition under IC 13-18-7.

(3) A new or increased loading of noncontact cooling water that will not do the following:
(A) Increase the temperature of the receiving water or waters outside of the designated mixing zone, where applicable.

(B) Increase the loading of BCCs.

(C) Require numeric water quality-based effluent limitations (WQBELs) for toxic substances or WET as determined under 327 IAC 5-2-11.5.

(4) A new or increased loading of an approved non-BCC water treatment additive.

(5) A change in loading of a regulated pollutant:
(A) where there is a voluntary, simultaneous, enforceable decrease in the actual loading of the regulated pollutant from sources contributing to the same ten (10) digit watershed; and

(B) with the result that there is a net decrease in the loading of the regulated pollutant to the same ten (10) digit watershed.

(6) A new or increased loading of a regulated pollutant from a sanitary wastewater treatment plant constructed or expanded to alleviate a public health concern, for example, a connection of existing residences currently on septic systems.

(c) For each regulated pollutant in the proposed new or increased loading associated with activities in subsections (b), (d), and (f), each antidegradation demonstration shall include the following necessary information:

(1) The availability, reliability, cost-effectiveness, and technical feasibility of the following:
(A) No degradation.

(B) Minimal degradation.

(C) Degradation mitigation techniques or alternatives.

(2) An analysis of the loading reduction benefits and water quality benefits associated with the degradation mitigation techniques or alternatives required to be assessed under subdivision (1)(C), including the following:
(A) A review of pollution prevention alternatives and techniques that includes the following:
(i) A listing of alternatives and techniques, including new and innovative technologies.

(ii) A description of how the alternatives and techniques available to the applicant would minimize or prevent the proposed significant lowering of water quality.

(iii) The loading reduction attainable by employing the alternatives and techniques.

(iv) The costs associated with employing the alternatives and techniques.

(v) An identification of the pollution prevention alternatives and techniques selected to be employed and an explanation of why those selections were made.

(B) An evaluation of the feasibility and costs of connecting to an existing POTW or privately owned treatment works, within the vicinity of the proposed new or increased loading, that:
(i) will effectively treat the proposed discharge; and

(ii) is willing to accept wastewater from other entities.

(C) For POTWs, if the proposed significant lowering of water quality is a result of a proposed new or increased loading from one (1) or more indirect dischargers, the analysis shall also include the following:
(i) The requirements of clause (A) shall be completed for the indirect discharger or dischargers as well as for the POTW. The POTW may require the indirect dischargers to prepare this information.

(ii) If one (1) or more of the indirect dischargers proposes or does discharge to a combined sewer or sanitary sewer that is connected to a combined sewer, all combined sewer overflows (CSOs) between the point of discharge to the sewer and the POTW shall be identified.

(3) The availability, cost-effectiveness, and technical feasibility of central or regional sewage collection and treatment facilities, including long-range plans for discharges outlined in:
(A) state or local water quality management planning documents; and

(B) applicable facility planning documents.

(4) The availability, cost-effectiveness, and technical feasibility of discharging to another waterbody that:
(A) is not an OSRW; or

(B) has a higher assimilative capacity for the regulated pollutant.

(d) Any person requesting a new or increased loading that would cause a lowering of water quality that is not exempt under section 4 of this rule shall submit an antidegradation demonstration that includes the basic information required under subsection (a), the necessary information required under subsection (c), and the alternatives analysis information required under subsection (e) for the following beneficial activities that result in a new or increased loading:

(1) A new or increased loading of a regulated pollutant where the following are true:
(A) The new or increased loading is necessary to accomplish a reduction in the loading of another regulated pollutant.

(B) There will be an improvement in water quality in the receiving water or waters. An improvement in water quality will occur if the impact from the new or increased loading of the regulated pollutant is:
(i) less bioaccumulative; and

(ii) less toxic than the reduced pollutant or pollutant parameter.

In making these determinations regarding bioaccumulation, the BAF methodology under 327 IAC 2-1.5-13 will be used.

(2) A new or increased loading of a regulated pollutant where:
(A) the new or increased loading is necessary to accomplish a reduction in the release of one (1) or more air pollutants; and

(B) there will be an environmental improvement that will occur when the applicant demonstrates that the reduction in the loading of the air pollutant:
(i) is necessary to meet a state or federal air quality standard or emission requirement; or

(ii) will substantially reduce human exposure to hazardous air pollutants or other air pollutants that are subject to state or federal air quality standards.

(e) For each regulated pollutant in the proposed new or increased loading associated with activities in subsections (d) and (f), each antidegradation demonstration shall include the information required by one (1) of the following alternatives analyses:

(1) The identification of an accepted effluent limit based on BADCT, when available, as established by the department.

(2) A discussion of the following:
(A) The alternative or enhanced treatment techniques selected to be employed.

(B) An explanation of why the alternative or enhanced treatment techniques selected in clause (A) were made.

(C) The reliability of the selected treatment alternative or alternatives, including, but not limited to, the possibility of recurring operational and maintenance difficulties that would lead to increased degradation.

(f) Any person seeking a new or increased loading that constitutes a significant lowering of water quality that is not exempt under section 4 of this rule and is not a beneficial activity identified under subsections (b) or (d) shall submit an antidegradation demonstration that includes the following:

(1) Basic information required under subsection (a).

(2) Necessary information required under subsection (c).

(3) Alternatives analysis information required under subsection (e).

(4) Social and economic analysis information required under subsection (g).

(g) For each regulated pollutant in the proposed new or increased loading associated with activities in subsection (f), each antidegradation demonstration shall include the following social and economic analysis information:

(1) The anticipated impact on aquatic life and wildlife, considering the following:
(A) Endangered or threatened species.

(B) Important commercial or recreational sport fish species.

(C) Other individual species.

(D) The overall aquatic community structure and function.

(2) The anticipated impact on human health.

(3) The degree to which water quality may be lowered in waters located within the following:
(A) National, state, or local parks.

(B) Preserves or wildlife areas.

(C) OSRWs or ONRWs.

(4) The extent to which the resources or characteristics adversely impacted by the lowered water quality are unique or rare within the locality or state.

(5) Where relevant, the anticipated impact on economic and social factors, including the following:
(A) Creation, expansion, or maintenance of employment.

(B) The unemployment rate.

(C) The median household income.

(D) The number of households below the poverty level.

(E) Community housing needs.

(F) Change in population.

(G) The impact on the community tax base.

(H) Provision of fire departments, schools, infrastructure, and other necessary public services.

(I) Correction of a public health, safety, or environmental problem.

(J) Production of goods and services that protect, enhance, or improve the overall quality of life and related research and development.

(K) The impact on the quality of life for residents in the area.

(L) The impact on the fishing, recreation, and tourism industries.

(M) The impact on endangered or threatened species.

(N) The impact on economic competitiveness.

(O) Demonstration by the applicant that the factors identified and reviewed under clauses (A) through (N) are necessary to accommodate important social or economic development despite the proposed significant lowering of water quality.

(P) Inclusion by the applicant of additional factors that may enhance the social or economic importance associated with the proposed discharge, such as an approval that recognizes social or economic importance and is given to the applicant by:
(i) a legislative body; or

(ii) other government officials.

(6) Any other:
(A) action or recommendation relevant to the antidegradation demonstration:
(i) made by a:
(AA) state;

(BB) county;

(CC) township; or

(DD) municipality;

potentially affected by the proposed discharge; or

(ii) received during the public participation process; and

(B) factors that the commissioner:
(i) finds relevant; or

(ii) is required to consider under the CWA.

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