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Water Pollution Control Board Tables Draft Antidegradation Rule

The Indiana Water Pollution Control Board (WPCB) recently decided, by a split vote, to table the draft Antidegradation Rule proposed by IDEM for preliminary adoption. During the public hearing conducted by the WPCB on the draft rule, fifteen speakers, representing stakeholders from regulated entities, potential regulated entities, and environmental advocacy organizations presented brief comments concerning the draft rule. Comments critical of the draft rule primarily focused on implementation issues relating to the following, among others:

  1. the threshold for triggering an antidegradation review;
  2. scope of the de minimis exception;
  3. the extent and manner by which narrative water quality criteria should be a factor for antidegradation review;
  4. the scope of alternative treatment technology assessments; and
  5. the scope of socio-economic impacts to be considered by IDEM in deciding to approve or deny a proposed lowering of water quality.

In tabling the draft rule, the WPCB charged Chairman Gary Powdrill and WPCB member David Wagner (both volunteers) to review the major issues posed by comments and provide a report of their review to the Board at its next meeting. In conjunction with the tabling of the proposed rule, the WPCB invited interested persons to submit additional written comments to IDEM by July 29, 2011. The Antidegradation Rule is scheduled to be considered at the September 14, 2011 meeting of the WPCB. Information on the draft rule can be found at www.in.gov/idem/5387.htm. If you have questions about these issues, please contact the Environmental and Natural Resources Practice Group at Bingham Greenebaum Doll.

To learn more about Larry Kane and his practice, visit his profile.

  • Partner

    Larry's broad-ranging experience in environmental law spans more than 30 years. His practice focuses on permitting and enforcement issues arising under the Clean Air Act (PSD and Title V permits) and the Clean Water Act (NPDES and ...

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