1. State of Minnesota Section 404 Assumption Feasibility Study
Minnesota Laws 2015 Special Session
Chapter 4, Section 137

2. Today’s Agenda – March 18, 2016 Report on meeting with USEPA staff
Review and input on Plan of Study
Information on fiscal analysis (Steve Taff)
Next steps

3. Plan of Study – Intro/Background
General concept of state assumption
History/Previous Assumption Studies
Frame the problem
Interests/Goals/Concerns of stakeholders

4. Plan of Study -- Required Elements
(1) Federal requirements for state assumption
40 CFR § 233
Comprehensive jurisdiction and regulation
State agency administration (vs. local govs.)
Indian lands and Tribal authorities
Application process/materials
Changes to state regulations trigger federal review
Public noticing of permit applications
Federal review of permit applications
Enforcement
Annual report to USEPA

5. Plan of Study -- Required Elements
(2) the potential extent of assumption, including those waters that would remain under the jurisdiction of the United States Army Corps of Engineers due to the prohibition of 404 assumption in certain waters as defined in section 404(g)(1) of the federal Clean Water Act;
Describe lack of clarity in federal regulations – FACA Committee
Describe potential scenarios

6. Plan of Study -- Required Elements
(3) differences in waters regulated under Minnesota laws compared to waters of the United States, including complications and potential solutions to address the current uncertainties relating to determining waters of the United States;
Describe current status of WOTUS definition
Compare “waters of the state” to WOTUS definition currently in effect and under proposed new federal rule
Discuss implications for state assumption – mostly relates to permit applications requiring EPA coordination

7. Plan of Study -- Required Elements
(4) Measures to ensure protection of aquatic resources consistent with the Clean Water Act, Wetland Conservation Act, and the public waters program administered by the Department of Natural Resources;
Compare state and federal regulations – sequencing, replacement requirements, performance standards, etc.

8. Plan of Study -- Required Elements
(5) Changes needed to existing state law, including changes to current implementation structure and processes, that would need to occur to allow for state assumption of the 404 program
WCA structure
Certain WCA exemptions
WCA/Public Water Permit notification procedures/timelines

9. Plan of Study -- Required Elements
(6) New agency responsibilities for implementing federal requirements and procedures that would become the obligation of the state under assumption, including the staff and resources needed for implementation;
Account for required changes in state regulatory program structure

10. Plan of Study -- Required Elements
(7) Estimated costs and savings that would accrue to affected units of government;
Account for required changes in state regulatory program structure
May analyze potential fiscal implications for permit applicants

11. Plan of Study -- Required Elements
(8) Effect on application review process and time frames
Analysis of recent state/federal permitting times
Under assumption: Applications requiring EPA coordination vs. those that don’t

12. Plan of Study -- Required Elements
(9) Alternatives to assumption that would also achieve the goals of regulatory simplification, efficiency, and reduced permitting times
Programmatic general permits
Regional general permits/nationwide permits/letters of permission
WCA federal approvals exemption
Example: Utilities
Interagency coordination/agreements, etc.

13. Plan of Study -- Required Elements
(10) Options for financing additional costs
Permit fees
Legislative appropriations
Reallocation of existing program funds (per restructuring requirements)

14. Plan of Study -- Required Elements
(11) Other information as determined by the board and commissioner
Experiences of other states
Benefits, disadvantages, barriers to assumption
Recommendations from state agencies ??