WATER MANAGEMENT BOARD
NOTICE OF PUBLIC HEARING TO AMEND RULES
South Dakota Codified Law 34A-2-17 and the federal Clean Water Act require each state to conduct a periodic review of the state's Surface Water Quality Standards
A public hearing will be held by the Water Management Board to conduct this review on December 2, 2020, at 10:30 AM CDT at the Matthew Environmental Education and Training Center, 523 East Capitol Avenue, Pierre, South Dakota. The public may participate virtually at the following website: https://ddn.sd.gov and enter "24959" in the "Person or conference to call" to connect into the video conference. To participate by telephone, call 1-866-410-8397 and then enter conference code "6894850239". The hearing will be held, to receive and consider testimony, suggestion and recommendations to the proposed amendments to the Administrative Rules of South Dakota (ARSD):
Surface Water Quality Standards:ARSD 74:51:01
Uses Assigned to Lakes:ARSD 74:51:02
Uses Assigned to Streams:ARSD 74:51:03
The following is a summary of the proposed changes:
•ARSD 74:51:01 - update the Ammonia criteria; update toxic pollutant criteria; adopt cyanobacteria cyanotoxin criteria; remove the conductivity criteria for irrigation waters; modify the approval procedure for water restoration and enhancement projects; modify the required information to obtain water quality certification; modify the public notice requirements for water quality certifications; update legal references; and editorial changes to tables;
•ARSD 74:51:02 - remove lakes with duplicate names; add additional names for certain lakes; and add state lake identifier information for each lake.
•ARSD 74:51:03 - add the immersion recreation use for a segment of the Fall River; correct typographical errors; correct legal locations; and update names of certain streams.
The reason for the proposed changes is to review and update the designated beneficial use classifications and water quality standards.
In each water quality standards review cycle, the Department of Environment and Natural Resources, with input from the public, reviews their existing Surface Water Quality Standards to identify additions and/or revisions that are necessary or appropriate to ensure that their standards meet the requirements of the federal Clean Water Act and the needs of the state. Persons interested in presenting data, opinions, and arguments for or against any changes to the Surface Water Quality Standards may do so by appearing in person at the hearing or sending written comments to the South Dakota Department of Environment and Natural Resources (DENR), Surface Water Quality Program, Joe Foss Building, 523 East Capitol, Pierre, South Dakota, 57501-3182. Material sent by mail must reach the Surface Water Quality Program by November 28, 2020, to be taken into consideration at the hearing.
After the hearing, the board will consider all written and oral comments it receives on the proposed rules. The board may modify or amend a proposed rule to include or exclude matters that are described in this notice. The final water quality standards adopted by the board must be submitted to the United States Environmental Protection Agency (EPA) pursuant to the federal Clean Water Act for review and approval. If the EPA disapproves any portion of the water quality standards, EPA has the authority to promulgate federal standards for South Dakota.
Notice is further given to individuals with disabilities that this hearing is being held in a physically accessible place. Please notify the DENR at least 48 hours before the public hearing if you have a disability for which special arrangements must be made at the public hearing. To request special arrangements or copies of the proposed rules and supporting documentation, call or write to Patrick Snyder, Surface Water Quality Program, Joe Foss Building, 523 East Capitol, Pierre, South Dakota, 57501-3182; phone (605) 773-3351. Copies of the proposed rules and supporting documentation can also be obtained by visiting DENR's One-Stop Public Notice website at https://denr.sd.gov/public/default.aspx or the state of South Dakota's One-Stop for Administrative Rules at https://rules.sd.gov .
Published 1 time at the total approx. cost of $48.13.
(Oct. 14, 2020)