Transcript Presentation 3-18-16 - Minnesota Board of Water and Soil Resources

Minnesota Laws 2015 Special Session
Chapter 4, Section 137
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
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Plan of Study – Intro/Background
 General concept of state assumption
 History/Previous Assumption Studies
 Frame the problem
 Interests/Goals/Concerns of stakeholders
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Plan of Study -- Required Elements
(1) Federal requirements for state assumption
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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Plan of Study -- Required Elements
(10) Options for financing additional costs
• Permit fees
• Legislative appropriations
• Reallocation of existing program funds (per restructuring
requirements)
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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 ??
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