Authority: IC 13-13-5-1; IC 13-13-5-2; IC 13-18

Affected: IC 13-18-3-14; IC 13-23-13; IC 13-24-1; IC 13-25-5

Sec. 6. (a) In determining whether a proposed loading is necessary and accommodates important social or economic development in the area in which the waters are located under antidegradation standards and implementation procedures, the commissioner:

1. (1) must give substantial weight to any applicable determinations by governmental entities; and
2. (2) may rely on consideration of any one (1) or a combination of the factors listed in section 5(g)(5) of this rule.

(b) Upon receipt of an antidegradation demonstration, the commissioner shall provide notice and request comment according to 327 IAC 5-2-11.2. The commissioner shall hold a public meeting on the antidegradation demonstration in accordance with 327 IAC 5-2-11.2 if:

1. (1) the proposed loading is to an OSRW; or

2. (2) a public meeting is requested during the noticed comment period by at least twenty-five (25) persons living or working within:

   1. (A) the same ten (10) digit watershed; or
   2. (B) fifteen (15) miles of the proposed loading.

The commissioner may hold a public meeting in accordance 327 IAC 5-2-11.2 if the commissioner otherwise deems such a meeting appropriate.

(c) The commissioner shall make a determination on the antidegradation demonstration by considering whether the demonstration meets the following:

1. (1) Is administratively complete.

2. (2) Provides the following information:

   1. (A) The applicable factors listed in section 5 of this rule, as appropriate, for the new or increased loading.

   2. (B) Any other information that the commissioner deems appropriate regarding the:

      1. (i) proposed activities; and
      2. (ii) affected receiving water or waters.

If the applicant voluntarily held a public meeting that allowed interested parties the opportunity to hear the applicant's rationale supporting the elements of the applicant's antidegradation demonstration, evidence of the public meeting should be included in the antidegradation demonstration for the commissioner's consideration. At a minimum, the evidence of the public meeting should include the date of the public meeting, names of those in attendance, and a summary of questions asked and subjects discussed.

(d) The commissioner shall deny some or all of the request to significantly lower water quality if one (1) or more of the following applies:

1. (1) The activity that would cause the lowering of water quality is not necessary because cost-effective measures that would prevent or minimize the proposed lowering of water quality are reasonably available but the person proposing the new or increased loading has chosen not to implement these measures.
2. (2) The activity that would cause the lowering of water quality does not accommodate important social or economic development in the area.
3. (3) The activity that would cause the lowering of water quality would jeopardize endangered or threatened species.

(e) The commissioner may approve some or all of the request to significantly lower water quality only if the following have occurred:

1. (1) A public participation process.
2. (2) Appropriate intergovernmental coordination.
3. (3) A determination by the commissioner that the lower water quality is necessary and accommodates important social or economic development in the area in which the receiving water or waters is located.

(f) In no event may a permit be granted that would not meet the requirements of section 3 of this rule.

(g) When the commissioner makes a tentative determination on an antidegradation demonstration, the commissioner shall public notice the antidegradation demonstration tentative determination according to 327 IAC 5-2-11.2 and the tentative determination shall:

1. (1) summarize, in the public notice form, the determining factors relied upon by the commissioner; and

2. (2) if approved for an NPDES permit, be incorporated into the:

   1. (A) draft permit; and
   2. (B) fact sheet;
3. that are made available for public comment under 327 IAC 5-3-9.

(Water Pollution Control Division; 327 IAC 2-1.3-6; filed May 29, 2012, 3:19 p.m.: 20120627-IR-327080764FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)