| Rule Number: |
24P002 |
| Title: |
Antidegradation Implementation Rule |
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Type:
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Standard |
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Status:
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Proposed |
| Agency: |
Agency of Natural Resources
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| Legal Authority: |
10 V.S.A. § 1251a; Act No. 64(2015), Sec. 1(a)(9). |
| Summary:
| The proposed rule lays out the process for implementing Vermont's antidegradation policy. Vermont's antidegradation policy requires that existing uses of waters and the level of water quality necessary to protect those uses shall be maintained and protected. To implement this policy, the proposed rule requires an analysis of water quality impacts, to be conducted during the review of applications for permits authorizing activities that are required to comply with the Vermont Water Quality Standards. The rule includes a list of permits subject to antidegradation review, the required public process, and the three-tiered analysis of water quality impacts: Protection of Outstanding Resource Waters, protection of High Quality Waters, and protection of Existing Uses. The rule also includes an analysis for determining when a reduction in receiving-water quality is allowable, based on evaluation of the subsequent socioeconomic impact of not allowing the proposed activity. |
| Persons Affected:
| State Agencies and Departments, such as the Agency of Transportation, conducting activities authorized by permits requiring compliance with the Vermont WQS. Municipalities conducting activities, such as the operation of municipal wastewater treatment systems, authorized by permits requiring compliance with the Vermont WQS. Private entities, including businesses and private citizens, conducting activities authorized by permits requiring compliance with the Vermont WQS. Public and private entities conducting activities authorized by federal licenses or permits requiring 401 Water Quality Certification from the Agency that those activities will not violate Vermont WQS. Broadly, residents of the State of Vermont, who derive economic and public health benefits from the
maintenance of surface waters in such condition that their designated uses may be realized, including environmental-justice focus populations as defined in 3 V.S.A. § 6002, whose communities may be impacted by permitted activities. |
| Economic Impact:
| Because the antidegradation analysis is largely conducted by the Agency during permit review, the economic impacts of this rule on the regulated public are anticipated to be negligible. Permit applicants whose activities may result in a lowering of water quality will be required to demonstrate that their proposed activity will not result in any reduction in receiving water quality, by providing receiving-water quality data, as well as an analysis of the socioeconomic impact of their proposed activity, when necessary; the collection of this data may be costly in some circumstances. For permittees proposing activities in Class A(1) waters, the proposed rule will require individual permit authorization for activities likely to impact surface water; certain individual permit fees are higher than general permit fees. |
| Posting date: |
Jan 17,2024 |
| Information for Contact # 1 |
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Level:
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Primary
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| Name: |
Bethany Sargent, DEC Watershed Management Division |
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Agency:
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Agency of Natural Resources
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| Address: |
1 National Life Drive, Davis 3 |
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| City: |
Montpelier |
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| State: |
VT |
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| Zip: |
05620-3522 |
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| Telephone: |
802-490-6131 |
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| Fax: |
802-828-1544 |
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Email: |
bethany.sargent@vermont.gov
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| Website Address: |
https://dec.vermont.gov/watershed/laws
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| Information for Contact # 2 |
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Level:
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Secondary
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| Name: |
Hannah Smith, DEC Office of General Counsel |
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Agency:
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Agency of Natural Resources
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| Address: |
1 National Life Drive, Davis 2 |
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| City: |
Montpelier |
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| State: |
VT |
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| Zip: |
05620-3522 |
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| Telephone: |
802-461-8187 |
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| Fax: |
802-828-1544 |
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Email: |
hannah.smith@vermont.gov
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