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Phosphorus Compliance Alternative Comments
Following legislative efforts supported by the League in 2013 and 2015, the Department of Natural Resources (DNR) received approval from the federal Environmental Protection Agency (EPA) on a phosphorus Multi-Discharger Variance (MDV) in 2017. The MDV has been shown to be one of the easiest methods for eligible wastewater utilities to comply with the 2010 phosphorus discharge rules for a period of up to 20 years. After that 20 years, municipalities and industry utilizing the MDV will have to upgrade their existing wastewater infrastructure to comply with the 2010 standards or seek alternative compliance methods.
However, for the MDV to remain authorized for the full 20 years, the DNR is required to work with the Department of Administration (DOA) to seek re-approval from the EPA at the program’s 10-year mark. In 2022, the DNR put out their report on the environmental conditions created by the MDV, and they found a 15% greater reduction in phosphorus discharges through the MDV’s utilization versus permit compliance through individual variances, which is another alternative compliance method.
In late October, DOA put out their draft findings on the MDV’s economic conditions, noting that the 130 municipal wastewater treatment facilities and various other private industrial and processors utilizing the program would be required to implement more than $900 million in projected capital expenditures without the reapproval of the MDV. The ripple effect of these capital expenditures would create a projected loss of 1,341 jobs and $209.9 million in gross state product.
To avoid the hit that the municipal wastewater utilities would see absent the MDV’s reapproval, last month the League submitted comments to DOA in-favor of their preliminary decision to seek reauthorization of the MDV from the EPA. The comment period has closed, and we’re currently awaiting a final decision from DOA.
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