1. Antidegradation Demonstration: Alternatives Analysis Analysis WHAT IS IN THIS PAPER- Distinguish between need and necessity Recognize three general types of alternatives Compare state procedures and practices Understand that alternatives affect the NPDES permitting process Consider suggestions about the process

2. Antidegradation Demonstration: Alternatives Analysis Alternatives: One of two considerations when making a demonstration Need - important social and economic development in the area of the discharge Necessity – most technically reasonable and cost-effective alternative.

3. For the Alternatives Analysis The Applicant Must… Identify alternatives at time of permit application Describe alternatives with sufficient detail to make a demonstration of… –Why one alternative is preferred over another –How alternatives minimize load increases –Whether alternatives are technically feasible and available –What the alternatives costs – to show it is reasonably economical –(optional) Whether a combination of alternatives and mitigation techniques would be best

4. The applicant does not need to research cutting edge, innovative technologies. The alternatives analysis is seen as more of a practical exercise for the applicant (and permit writer) to apply what is “out there.”

5. For the Alternatives Analysis the Permit Writer Applies professional judgement to weigh alternatives or combination of alternatives Wrestles with difficult questions of reasonableness (of the selected alternative), technically feasibility and cost often w/o guidelines and w/o the benefit of knowing if other states or regions have done similar analysis Makes best use of time by relying on Agency resources, –Applicant’s information, similar permitting scenarios, and other available information (Illinois) –Applicant must provide schematics, descriptions, analysis, and cost estimates for the alternative (Wisconsin)

6. Alternative Analysis Economic Reasonableness Capital cost less than 110% of the cost of an alternative for achieving a water quality based effluent limit (WI only) Cost relative to the cost of treatment necessary to achieve the applicable treatment limitations No set amount of detail required from applicant

7. Types of Alternatives Based on an examination of rules and procedures in Region 5 states, alternatives tend to fall into three categories: 1) Source reduction P2/credits Water recycling, reuse 2) Enhanced treatment improved/enhanced techniques, additional control measures, operational changes 3) Reconfigured or relocated effluent discharge eliminate discharge, discharge to POTW or centralized facility, discharge to another waterbody

8. Comparison of State Approaches

9. Our analysis addressed several things simultaneouly Level of requirement Unshaded = may Shaded = must Data Source Conventional Pollutant BCC or toxic pollutant Type of pollutant is involved? Issue paper (MN) Rule and guidance

10. Key

11. Table 1. Antidegradation: STATE COMPARISON

12. Observations from Table 1 States apply all three categories to varying degree All states rely on alternative and enhanced treatment techniques and P2 as a mitigation technique States broadly identify types of alternatives but leave the details to the applicant Some alternatives are not applicable to conventional pollutants

13. One Earth Energy (5 options) Optimized treatment Discharge to POTW Land application Zero discharge Discharge to wetland Different receiving stream Advanced treatment (one alternative) Marquis Energy (5 options) Optimized treatment Discharge to POTW Land application Phosphorus removal Zero discharge Discharge to wetland Advanced treatment (one alternative) B.P. Amoco (3 options) No change Biological removal of ammonia on-site Biological removal of ammonia off-site Retain current treatment configuration Osseo WWTP (4 options) Optimized treatment Source reduction, including water conservation measures Recycling Operational change WWTP upgrade (one alternative treatment technology) Bustorf Dairy (2 optns) Reconfigure flow Discharge manure to WWTP Seasonal discharge (On-site storage lagoon and farm irrigation) Ohio River Clean Fuels (4 options) Optimized treatment Discharge to POTW Site relocation and discharge to another waterbody Underground injection Recycling and treatment (one alternative treatment technology) Table 2. Options proposed by discharger (bold = selected alternative)

14. Table 3. Examples of antidegradation actions provided by States

15. Table 4. Examples of antidegradation actions with overlay

16. Observation from Table 4 B.P. Amoco and Bustorf Dairy did not apply a less degrading “alternative” B.P because of no land; Bustorf because of impracticality With exception of One Earth Energy, each category is represented The number of alternatives and level of detail varies by facility Enhanced or alternative treatment technology is underutilized (common for only one treatment technology to be identified, the chosen technology)

17. When does the alternatives analysis take place? Alternatives are submitted as part of the application (MI can deny application if it is incomplete) MI, WI seem to evaluate social and economic (need) before evaluating alternatives (necessity) Other states may evaluate need and necessity are evaluated on parallel tracks

18. Public Comment and Response to Comment Usually Occurs after the Permit is Drafted Ohio issues a public notice early in process that an antidegradation demonstration has been received so that interested parties can get on mailing list Other states public notice the application (including antidegradation demonstration) with the draft permit

19. Concept Development Check the application Permit development Public Participation Permit Completion Final Permit Permit Application A State Decision B Draft Permit & P.N Proposed permit Commnt on permit Discharger State Public PN Response OH Simplified Timeline of NPDES Permit Process showing parties involved A = Complete app’n includes antidegradation demonstration B = Decision on whether the application is administratively complete. MI – Inadequate application leads to notice of denial of application. OH – Antidegradation in application leads to public notice antidegradation demonstration. Initial public notice provides opportunity to be included on mailing list. C = OH. Response to public notice of application to show interest in being on mailing list

20. Observations from Timeline Public involvement in antidegradation decisions occur at the draft permit stage Ohio issues a public notice early on that antidegradation application is submitted, but no detail is provided Illinois is only state required to name alternatives in its draft permit public notice

21. Suggestions Technology transfer. Improved access to information about new technologies and costs associated with alternatives considered by applicants. Better definitions of alternatives and clarification that alternative = at least 2 options Standardize ratings and evaluation tools or prepare a guide to simplify alternative review process. Describe economic-based analysis methodologies Clarify what is meant by area wide facility. Address system life and O & M cost, and energy cost.

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