Activities affecting waters of this state carried out under the direction of the Department of Transportation, performance standards and effluent limitations for new and modified point sources of pollution, and termination of certain permits authorizing discharges into waters of this state. (FE)

Current law exempts DOT from obtaining certain navigable waters permits and certain environmental permits affecting waters of this state including storm water discharge permits. The exemptions apply to activities affecting waters of this state that are carried out under DOT's direction and supervision, such as the construction of a highway or bridge (transportation activity), and are subject to certain conditions. Under these conditions, DOT must accomplish the transportation activity in accordance with interdepartmental liaison procedures established by DOT and DNR for the purpose of minimizing the adverse environmental impact of the activity. DOT and DNR must also exchange information and cooperate in planning and carrying out DOT activities in order to alleviate potential detrimental encroachment on the waters of the state.

This bill requires DNR to issue a general permit that authorizes DOT to discharge storm water from the site of a transportation activity (transportation general permit). The bill provides that, instead of being exempt from any requirement to obtain a storm water discharge permit, DOT must obtain an individual permit from DNR or obtain coverage under a transportation general permit required to be issued by DNR under this bill. The bill specifies that a transportation activity covered by a transportation general permit is subject to the interdepartmental liaison procedures that apply under current law to DOT transportation activities. The bill requires DNR to issue a transportation general permit on or before June 30, 2018, but DOT is not required to obtain an individual permit or coverage under a general permit until DNR issues a transportation general permit as required under the bill.

Under current law, DNR must promulgate by rule effluent limitations for point sources of water pollution. An effluent limitation is a restriction on the quantity, rate, and concentration of a pollutant discharged from a point source into state waters. A point source is a discernible, confined, and discrete conveyance, such as a pipe, well, or concentrated animal feeding operation from which pollutants may be discharged into the waters of the state or into a publicly owned sewage system. DNR must also promulgate by rule standards of performance for new sources. A new source is a point source the construction of which commenced after the effective date of an applicable effluent limitation or standard of performance. Generally, DNR's rules must comply with and not exceed corresponding requirements established under federal law.

This bill revises the definition of a "new source." Under the bill, a new source is a point source constructed after the effective date of an applicable standard of performance under federal law. The bill also provides that, if the federal Environmental Protection Agency proposes a standard of performance that has not yet taken effect, a point source is a new source under that proposed standard if the proposed standard becomes a final standard within a specified period of time.

Current law specifies the circumstance under which a point source of a discharge having a thermal component, when modified, is not subject to more stringent effluent limitations. This bill specifies that this exemption applies to modified point sources with respect to water quality based effluent limitations only.