New or Expanded Stormwater Discharges Under Proposed MPCA Nondegradation Policy

The Minnesota Pollution Control Agency (MPCA) has been attempting to revise the Minnesota Nondegradation Policy for several years. One major issue has been how rule will apply to stormwater discharges, because the existing policy was developed to apply to traditional point source discharges.

In September 2012, MPCA released its proposed revision to the State Nondegradation Policy. Under the proposed rule, MPCA will address future nondegradation requirements for stormwater discharges as new permits are issued. For new, reissued, or modified stormwater permits, agency will conduct nondegradation review. This review will include an analysis of prudent and feasible alternatives that avoid and minimize net increases in loading or other causes of degradation. The agency will then select the least degrading prudent and feasible alternatives identified. Therefore, with the final revision of the Nondegradation Policy, as currently proposed, the requirements for new or expanded stormwater discharges will not be clarified. These requirements will be incorporated into various permits (e.g, industrial, construction, MS4) issued in the future.

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