Antidegradation is a tool used to protect the water quality in the State of Alaska. Antidegradation implementation is the method or process for determining whether and to what extent the water quality may be lowered.
The Federal Clean Water Act requires states to have an anti-degradation policy and implementation methods. Federal regulation at 40 CFR 131.12 specifies States must have an antidegration policy that:
- Protects existing uses
- Authorizes the lowering of water quality in high quality waters, where necessary for social or economic importance
- Provides mechanism to provide additional protection for water of exceptional ecological or recreational significance. These are often called Outstanding National Resource Waters or ONRWs.
Alaska's current antidegradation policy, adopted in 1997, is found in the Water Quality Standards regulations at 18 AAC 70.015. EPA approved Alaska's policy with the stipulation that Alaska write implementation guidance. DEC adopted interim implementation methods in July 2010, but has yet to develop and adopt final implementation procedures.
History of Antidegradation
DEC began its recent antidegradation efforts in 2008 with a contractor produced report that outlined several options for the State to develop antidegradation implementation guidance and policy. Then in 2009, DEC hosted a public workshop on antidegradation issues. The purpose of the conference was to inform policy makers, wastewater discharge permittees, permit writers and interested public regarding options for implementation procedures. From information gathered in the workshop DEC formulated and adopted the Interim Antidegradation Implementation Methods in 2010. In 2012, DEC assembled a stakeholder workgroup, comprised of representatives from state resource agencies, industry and non-governmental sources, to evaluate options and to provide recommendations on various core elements for the final antidegradation implementation methods to be developed by DEC. In January 2013, the workgroup completed a final report that highlights key issues and makes recommendations for drafting new antidegradation implementation regulations.
Where We Are Now
DEC Division of Water staff drafted antidegradation implementation method regulations, which were posted for formal public comment on January 13th, 2014. The department will accept comments throughout the 60 day public comment period ending March 17th, 2014.
NEW! The public comment period for the antidegradation implementation method regulations has been extended for 30 days. The department will now accept comments until Wednesday, April 16 at 4:30 pm.
Workshop/Oral Hearing Information:
You may comment on the proposed regulations by submitting written comments to Earl Crapps at 555 Cordova Street, Anchorage, Alaska 99501, or email Earl.Crapps@Alaska.gov, or fax to 907-269-3487. The comments must be received no later than 4:30 p.m., on March 17th, 2014.
DEC will also hold public workshops and formal public hearings as part of the adoption process for the antidegradation implementation method regulations. Oral or written testimony may be given at the public hearings.
Oral or written comments also may be submitted at hearings to be held as follows:
Juneau: 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.
Anchorage: 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.
Fairbanks: 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.