BRIEF DESCRIPTION
The Alaska Department of Environmental Conservation (ADEC), Division of Water proposes to adopt regulation changes in Title 18, Chapter 70 of the Alaska Administrative Code, establishing implementation methods for water quality antidegradation policy found at 18 AAC 70.015. The federal Clean Water Act requires states to have both a policy and antidegradation implementation methods. These implementation method regulations are proposed to be consistent with federal Clean Water Act requirements and current state law for the protection of water quality within Alaska.
The federal Clean Water Act requires states to have an antidegradation policy to ensure protection of “waters of the United States,” which are surface waters such as lakes, rivers, and marine waters. The antidegradation policy assures protection of existing uses of water, ensures that water quality does not drop below state water quality standards, allows the lowering of water quality in high quality waters only when necessary for important social or economic reasons, and provides a mechanism for designating water of exceptional ecological or recreational significance for additional protection. The State of Alaska’s general antidegradation policy is found at 18 AAC 70.015 and has been in place since 1997. The Department of Environmental Conservation, Division of Water has been conducting antidegradation analyses for many years as part of its permitting process under federal law and will continue to do so.
The federal Clean Water Act also requires states to have formal implementation methods for their antidegradation policy. To meet this requirement, the Department of Environmental Conservation, Division of Water proposes to adopt regulation changes in Title 18, Chapter 70 of the Alaska Administrative Code, establishing implementation methods for the State antidegradation policy as required by federal law:
- 18 AAC 70.015(a)(2)(D), which describes a department finding for methods of pollution prevention, is proposed to be repealed and moved to a new section within 18 AAC 70.016.
- (2) 18 AAC 70 is amended by adding a new section, 18 AAC 70.016. Section 18 AAC 70.016 antidegradation implementation methods describes three levels of protection for waters of the United States within the State of Alaska, consistent with the federal Clean Water Act. The section outlines regulatory requirements for actions such as wastewater discharges which propose lowering or potential lowering of water quality and describes the department findings necessary to allow such lowering and ensure that water quality and water uses are protected.
- 18 AAC 70 is amended by adding a new section, 18 AAC 70.017, describing the procedure for nomination and designation of Outstanding National Resource Water.
- 18 AAC 70.990 is amended by the addition of new terms to the list of definitions.
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Earl Crapps, ADEC Division of Water, at 555 Cordova Street, Anchorage, Alaska 99501. Additionally, the Division of Water will accept comments by facsimile at (907) 269-3487 and by electronic mail at earl.crapps@alaska.gov. Comments may also be submitted electronically through the Alaska Public Notice System at http://aws.state.ak.us/OnlinePublicNotices. The comments must be received no later than 4:30 p.m. on March 17, 2014.
DEC will hold informational workshops to discuss the proposed regulations prior to each of three hearings. The workshops are scheduled for one hour immediately preceding the hearings and will include a question and answer period.
Oral or written comments also may be submitted at hearings to be held as follows:
- (1) on February 10, 2014, in the ADEC Main Conference Room, 410 Willoughby Street, Juneau. The hearing will be held from 5:00 p.m. to 7:00 p.m. and may be extended to accommodate those present before 6:30 p.m. who did not have an opportunity to comment. The informational workshop will begin at 4:00 p.m.
- (2) on February 12, 2014, in the Atwood Building Conference Room 602, 550 West 7th Avenue, Anchorage. The hearing will be held from 5:00 p.m. to 7:00 p.m. and may be extended to accommodate those present before 6:30 p.m. who did not have an opportunity to comment. The informational workshop will begin at 4:00 p.m.
- (3) on February 18, 2014, in ADEC Conference Rooms B and C, 610 University Avenue, Fairbanks. The hearing will be held from 5:00 p.m. to 7:00 p.m. and may be extended to accommodate those present before 6:30 p.m. who did not have an opportunity to comment. The informational workshop will begin at 4:00 p.m.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Kim Nix at (907) 269-3059 no later than 4:30 p.m. on January 31, 2014, to ensure that any necessary accommodations can be provided.
For a copy of the proposed regulation changes, contact Earl Crapps, ADEC Division of Water, at 555 Cordova Street, Anchorage, Alaska 99501 or (907) 269-7681, or go to the Division of Water Antidegradation web page at http://dec.alaska.gov/water/wqsar/Antidegradation/index.html.
After the public comment period ends, the Division of Water will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected. Written comments received are public records and are subject to public inspection.
Statutory Authority: AS 46.03.010; AS 46.03.020; AS 46.03.050; AS 46.03.070; AS 46.03.080;
AS 46.03.100; AS 46.03.110; AS 46.03.710; AS 46.03.720;
Statutes Being Implemented, Interpreted, or Made Specific: AS 46.03.010 – AS 46.03.120;
AS 46.03.710; AS 46.03.720
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
DATE: January 9, 2014
/s/
Larry Hartig, Commissioner
ADDITIONAL REGULATIONS NOTICE INFORMATION
(AS 44.62.190(d))
1. Adopting agency: Department of Environmental Conservation, Division of Water
2. General subject of regulation: Water Quality Standards, Antidegradation Implementation Methods
3. Citation of regulation (may be grouped): 18 AAC 70
4. Department of Law file number, if any: JU2012200963
5. Reason for the proposed action: Compliance with federal law and development of program standards
6. Appropriation/Allocation: The proposed regulation changes are not expected to require an increased appropriation.
7. Cost of implementation to the state agency and available funding (in thousands of dollars):
Initial Year
FY 2014
Operating Cost $0
Capital Cost $0
1002 Federal receipts $0
1003 General fund match $0
1004 General fund $25.0
1005 General fund/
program $0
1037 General fund/
mental health $0
Other $0
Subsequent
Years 2015/2016
Operating Cost $0
Capital Cost $0
1002 Federal receipts $0
1003 General fund match $0
1004 General fund $88.0
1005 General fund/
program $0
1037 General fund/
mental health $0
Other $0
8. The name of the contact person for the regulations:
Name: Earl Crapps
Title: Division of Water, Environmental Program Manager II
Address 555 Cordova Street
Anchorage, Alaska 99501
Telephone: (907) 269-7681
E-mail address: Earl.Crapps@alaska.gov
9. The origin of the proposed action: Division of Water staff
10. Date: January 9, 2014
Prepared by: ___________/s/________________
Name (typed) Earl Crapps
Title (typed) Environmental Program Manager II
Telephone: (907) 269-7681