Florida Nutrient Criteria - Extension of Public Comment

U.S Environmental Protection Agency (EPA) is extending the comment period for the agency’s proposed Florida water quality standards. The comment period is being extended for 30 days and will now end on April 28. The agency will also hold three more public hearings in Florida to obtain additional input and comments on the proposed rulemaking.

In 2009, EPA entered into a consent decree, approved by the U.S. District Court for the Northern District of Florida, with the Florida Wildlife Federation to propose limits for specific nutrients. The proposed action released for public comment would set a series of numeric limits for phosphorus and nitrogen.

The proposed action also introduces and seeks comment on a new adaptive management regulatory process for setting standards in a manner that drives water quality improvements in already impaired waters. The proposed new regulatory provision, called restoration standards, would be specific to nutrients in the State of Florida.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Great Lakes Restoration Initiative Action Plan

U.S. Environmental Protection Agency (EPA) , in collaboration with 15 other federal agencies, have made restoring the Great Lakes a national priority and is proposing a budget of $475 million for a Great Lakes Restoration Initiative (Initiative). The EPA Action Plan, recently released, describes how the Initiative will be executed from 2010 through 2014.

The Plan builds on the Great Lakes Regional Collaboration Strategy (GLRC Strategy). The GLRC Strategy provides a framework for the Action Plan. The Action Plan has five major focus areas:

• Toxic Substances and Areas of Concern, including pollution prevention and cleanup of the most polluted areas in the Great Lakes
• Invasive Species, including efforts to institute a “zero tolerance policy” toward new invasions, including the establishment of self-sustaining populations of invasive species, such as Asian Carp
• Nearshore Health and Nonpoint Source Pollution, including a targeted geographic focus on high priority watersheds and reducing polluted runoff from urban, suburban and, agricultural sources
• Habitat and Wildlife Protection and Restoration, including bringing wetlands and other habitat back to life, and the first-ever comprehensive assessment of the entire 530,000 acres of Great Lakes coastal wetlands for the purpose of strategically targeting restoration and protection efforts in a science-based manner
• Accountability, Education, Monitoring, Evaluation, Communication and Partnerships, including the implementation of goal- and results-based accountability measures, learning initiatives, outreach and strategic partnerships

The Action Plan identifies goals, objectives, measurable ecological targets, and specific actions for each of the five focus areas identified above. The Action Plan will be used by federal agencies in the development of the federal budget for Great Lakes restoration in fiscal years 2011 and beyond. As such, it will serve as guidance for collaborative restoration work with participants to advance restoration. EPA believes that the Plan will also help advance the Great Lakes Water Quality Agreement with Canada.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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EPA OW - OPP Pesticide Assessment Methods Meetings

EPA Office of Water (OW) and Office of Pesticide Programs(OPP) have identified a need to harmonize methods used by the Offices to determine whether pesticides represent a concern for aquatic life. To address these concerns, the Agency has begun a process to explore how to build on the high quality science in both OW and OPP to develop additional tools and approaches to support a consistent and common set of effects characterization methods using best available information.

A number of regional public meetings are being planned between January 11 and 22, 2010 to solicit input on the Agency's initial thinking regarding methods, tools, and approaches that are being developed and evaluated by OPP and OW to assure that pesticide ecological effects are characterized consistently. The areas for consideration under this effort include:

• Development and evaluation of predictive tools for use in development of community level benchmarks;
• Development of aquatic life community level benchmarks with datasets that do not conform to the "1985 Guidelines'' used to derive water quality criteria;
• Derivation of aquatic life screening values for aquatic plants
  

In selecting and/or developing appropriate methodogies, EPA OW and OPP expects to consider the following criteria:

• Continue to be based upon sound science and utilize the available data,
• Be legally defensible under their respective statutory mandates,
• Be based upon methodologies that are as consistent and practical as possible,
• Be implementable at the Federal and State level.
• Be developed as quickly and efficiently as possible, and
• Reflect stakeholder input and comments.

During these meetings, EPA will also solicit input from Regional stakeholders regarding 1)additional sources of pesticide data and relevant reports, 2)white paper topics, 3) availability of data, tools, approaches, and data sets on aquatic toxicity that may be useful for this effort, 4)types of values that are used by states and/or regions for protecting aquatic life in the absence of ambient water quality criteria, and 5) examples of situations in which differences between OW and OPP assessment approaches were an issue.

Following these meetings, the Agency plans to develop a set of white papers, describing potential new tools and analytical approaches that may be used by the Agency, state pesticide and water quality agencies, and other stakeholders.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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EPA National Study of Chemical Residues in Lake Fish Tissue

US EPA has recently release it report on bioaccumualtive chemicals in fish. The report "National Study of Chemical Residues in Lake Fish Tissue" (or National Lake Fish Tissue Study) is one of the statistically-based surveys conducted by EPA since the late 1990s.

This study is a national screening-level survey of chemical residues in fish tissue from lakes and reservoirs in the lower 48 United States, excluding the Laurentian Great Lakes and Great Salt Lake. It is unique among national assessments of fish contamination in lakes because the sampling sites were selected according to a statistical (random) design. Study results allow EPA to estimate the percentage of lakes and reservoirs in the United States with chemical concentrations in fish tissue that are above levels of potential concern for humans or for wildlife that eat fish. This study also includes the largest set of chemicals ever studied in fish. Whole fish and fillets were analyzed for 268 persistent, bioaccumulative, and toxic (PBT) chemicals, including mercury, arsenic, dioxins and furans, the full complement of polychlorinated biphenyl (PCB) congeners, and a large number of pesticides and semivolatile organic compounds.

The data showed mercury concentrations in game fish exceeding EPA recommended levels at 49 percent of lakes and reservoirs nationwide, and PCBs in game fish at levels of potential concern at 17 percent of lakes and reservoirs. These findings are based on a comprehensive national study using more data on levels of contamination in fish tissue than any previous study.

EPA is currently conducting other statistically based national aquatic surveys that include assessment of fish contamination, such as the National Rivers and Streams Assessment and the National Coastal Assessment. Sampling for the National Rivers and Streams Assessment is underway, and results from this two-year study are expected to be available in 2011. Collection of fish samples for the National Coastal Assessment will begin in 2010.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Endocrine Disruptor Screening Program - EDSP

U.S. Environmental Protection Agency has issued the first test orders for pesticide chemicals to be screened for their potential effects on the endocrine system.

On Oct. 21, EPA made available the battery of scientific assays and test guidelines for conducting the assays, as well as a schedule for issuing test orders to manufacturers for 67 chemicals during the next four months. The data generated from the screens will provide scientific information to help EPA identify whether additional testing is necessary, or whether other steps are necessary to address potential endocrine disrupting chemicals.

Testing, conducted through the agency’s Endocrine Disruptor Screening Program (EDSP), will eventually expand to cover all pesticide chemicals. The EDSP is the most comprehensive mandated testing program for hormone effects in the U.S. The program is the result of a multi-year effort that includes validation of the science through a transparent scientific review process.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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EPA Clean Water Act Enforcement Plan

EPA has announced that it is stepping up efforts on Clean Water Act enforcement. A plan "Clean Water Action Enforcement Plan" has been drafted as a first step in revamping the compliance and enforcement program. The plan outlines how EPA will strengthen the way it addresses modern water pollution challenges. These challenges include pollution caused by numerous, dispersed sources, such as concentrated animal feeding operations, sewer overflows, contaminated water that flows from industrial facilities, construction sites, and runoff from urban streets.

The agency intends to target enforcement toward the most significant pollution problems, improve transparency and accountability by providing the public with access to better data on the water quality in their communities, and strengthen enforcement performance at the state and federal levels. Elements of the plan include the following:

• Develop more comprehensive approaches to ensure enforcement is targeted to the most serious violations and the most significant sources of pollution.
• Work with states to ensure greater consistency throughout the country with respect to compliance and water quality.
• Ensure that states are issuing protective permits and taking enforcement to achieve compliance and remove economic incentives to violate the law
• Use modern information technology to collect, analyze, and use information in new, more efficient ways and to make that information readily accessible to the public.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Proposed Discharge Standards for Airports

U.S. Environmental Protection Agency has proposed regulations requiring airports to collect at least some of the deicing fluid after it is used on aircrafts with a goal of cutting chemical discharge by 22 percent. The regulations would require six of the 14 major U.S. airports that are the biggest users of deicing fluid to install deicing pads or other collection systems to capture 60 percent of fluid sprayed and to install deicing pads or other collection systems. The targeted airports include:

• New York's John F. Kennedy and LaGuardia airports,
• Chicago's O'Hare,
• Boston Logan International,
• Cleveland-Hopkins International, and
• New Jersey's Newark Liberty International

Other targeted airports already have control systems, but would also need to meet performance standards. It would then be the airports' responsibility to ensure that the collected fluid was treated and handled in accordance with requirements. Some 200 smaller facilities around the US would have to collect and treat 20 percent of the fluid by using technologies such as a glycol recovery vehicle. Airports with fewer than 1,000 yearly jet departures would not be impacted.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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New Wastewater Discharge Rules for Coal Fired Power Plants

The U.S. EPA has announced plans to revise the existing standards for water discharges from coal-fired power plants. Earlier this year, EPA completed a multi-year study of power plant wastewater discharges. This study concluded that current regulations, which were issued in 1982, have not kept pace with changes that have occurred in the electric power industry over the last three decades. Air pollution controls installed to remove pollution from air emission sources. However, according to the EPA study, some of the equipment used to clean air emissions does so by “scrubbing” the boiler exhaust with water. Treatment technologies are available to remove these pollutants before they are discharged to waterways, but these systems have been installed at only a small number of the power plants.

As part of the multi-year study, EPA measured the pollutants present in the wastewater and reviewed treatment technologies, focusing mostly on coal-fired power plants. Many of the toxic pollutants discharged from these power plants come from coal ash ponds and the flue gas desulfurization systems used to scrub sulfur dioxide from air emissions.

Once the new rules for electric power plants is finalized, EPA and States would incorporate the new standards into wastewater discharge permits.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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NPDES Permit Requirement For Pesticide Application - 2-Yr Stay Request

On April 9, 2009, the Department of Justice (DOJ) chose not to seek rehearing on an opinion issued by the U.S. Court of Appeals for the 6th Circuit in National Cotton Council v. EPA. DOJ instead filed a motion to stay the issuance of the Court’s mandate for two years. This time was requested to provide EPA time to develop, propose and issue a final NPDES general permit for pesticide applications, for States to develop permits, and to provide outreach and education to the regulated community.

Reversing EPA’s November 2006 Aquatics Pesticides rule, the 6th Circuit held that Clean Water Act permits are required for all biological pesticide applications and chemical pesticide applications that leave a residue in water when such applications are made in or over, including near, waters of the U.S. EPA estimates that the ruling will affect approximately 365,000 pesticide applicators that perform 5.6 million pesticide applications annually.

EPA has stated that it intends to work closely with states and the environmental and regulated communities in developing a general permit that is protective of the environment and public health.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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EPA Strategic Plan to Evaluate Toxicity of Chemicals

The US EPA has recently released its Strategic Plan for Evaluating the Toxicity of Chemicals. This Strategic Plan is centered on three interrelated components: (1) the use of toxicity pathways identification and use of this information in screening and prioritization of chemicals for further testing; (2) the use of toxicity pathways information in risk assessment; and (3) the institutional transition necessary to implement such practices across EPA.

As background, in 2006 EPA commissioned the National Research Council (NRC) of the National Academies to develop a long-range vision for toxicity testing and risk assessment. Their 2007 report, "Toxicity Testing in the 21st Century: a Vision and a Strategy", recommended a transformation that focused on identifying and evaluating "toxicity pathways," i.e., cellular response pathways responsible for adverse health effects when sufficiently perturbed by environmental agents under realistic exposure conditions.

To build the NRC report, EPA established a cross-Agency workgroup. This workgroup produced current Strategic Plan.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Section 404 Wetlands Program - EPA Review of MDEQ

In 2008, the U.S. Environmental Protection Agency (EPA) issued a report on its informal review of Michigan’s EPA-approved Clean Water Act (CWA) Section 404 wetlands program. Michigan is one of only two States to have received approval to administer the Section 404 program. Michigan’s Section 404 program is implemented by the Michigan Department of Environmental Quality (MDEQ).

In its report, EPA identified a number of deficiencies in Michigan’s program. MDEQ has agreed to address the deficiencies , including seeking legislative amendments to Michigan’s wetlands statute, Part 303 (Wetlands Protection) of the Michigan Natural Resources and Environmental Protection Act (NREPA). EPA took issue with a number of activities that Part 303 exempts from the requirement to obtain a wetlands permit, that are not exempted from Federal requirements, including exemptions for:

• agricultural activities;
  
• drain creation and improvement; and


• iron and copper mining tailings basins.

To address these deficiencies, MDEQ has agreed to seek legislative amendments that would limit the agricultural exemptions, delete the agricultural drainage exemptions, delete the exemption for iron and copper mining tailings basins; and to delete the exemption for utility maintenance activities.

MDEQ committed to beginning the legislative corrective actions in early 2009 and to completing them within 36 months. EPA will review the status of MDEQ’s corrective actions within 36 months after the Notice to determine whether Michigan’s Clean Water Act Section 404 wetlands program approval should be revoked.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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EPA Pesticide Aquatic Life Benchmarks - Water Quality Criteria Comparison

Two Offices within US EPA derive “standards” for pesticides to protect aquatic life. However, the methods used to derive these “standards” are quite different, as are the intended uses for the information.

Aquatic life benchmarks are derived by Office of Pesticide Programs (OPP) to assist in performing its responsibilities to regulate pesticides used in the US. OPP aquatic life benchmarks are determined based on toxicity data reviewed by the Agency during its most recent risk assessment as part of the pesticide registration process. OPP relies on studies required under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as well as laboratory and field studies available in the public scientific literature to assess environmental risk. Aquatic life benchmarks represent the most sensitive toxicity endpoint for a given aquatic organism using all scientifically acceptable toxicity data available to EPA. OPP then uses these aquatic benchmarks in risk assessments developed for pesticides. The benchmarks can be helpful in interpreting monitoring data, and to identify and prioritize sites and pesticides that may require further investigation.

[Read more about other types of "benchmarks" used by EPA and States in NPDES permits]

The US EPA Office of Water (OW) has the responsibility for evaluating aquatic toxicity data to assess the ecological effects of chemicals in surface water. The OW uses aquatic toxicity data to develop national ambient water quality criteria that can then be adopted by States and tribes to establish water quality standards under the Clean Water Act (CWA). These standards are used to determine if individual water bodies meet their intended uses, and in setting NPDES permit discharge limits. Ambient Water Quality Criteria are derived for a wide range of chemicals, which include certain chemicals which are registered by OPP under FIFRA.

In contrast to OPP benchmarks, ambient water quality criteria derived by OW are based on a statistical evaluation of the available toxicity data. This approach derives a concentration to protect the integrity of the aquatic community rather than selecting a concentration that is protective of the single most sensitive organism.

OPP and OW are currently working together to harmonize the scientific approaches that now underlie both programs. A harmonized approach is expected to result in consistent tools and approaches to use in ensuring the protection of aquatic ecosystems.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Alaska DEC Clean Water Act Delegation From EPA

The U.S. Environmental Protection Agency has recently delegated to the State of Alaska its authority under the Clean Water Act. EPA will transfer its wastewater discharge permitting authority and enforcement in Alaska to the Alaska Department of Environmental Conservation (DEC).

Alaska joins 45 other States that oversee their own National Pollutant Discharge Elimination System (NPDES). Delegated States can write their own standards, but they can not be any less strict than federal standards. EPA maintains an oversight role for Clean Water Act programs in these States.

In November 2008, DEC took control over wastewater discharge permits for timber harvesting, seafood processing and municipal dischargers. Existing permits issued by the EPA will be converted into State permits. Over the next three years, in phases, Alaska DEC will take over permitting of federal facilities in Alaska, stormwater, mining, and finally oil and gas permits, cooling water and other minor permitting programs.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Turbidity Effluent Limits For Industrial - MS4 Stormwater Permits

US EPA has recently proposed effluent limits on turbidity for stormwater discharges from larger construction sites.

[Read more about Construction Stormwater Discharge Effluent Limits].

This has prompted many industrial and municipal stormwater permitees to speculate on whether or not similar effluent limits will be proposed under Multi-sector General Permits (MSGP) or Municipal Separate Storm Sewer System ("MS4") permits.

The simple answer is that almost anything is possible.

However, the establishment of construction site effluent limits has some important differences that may not be easily transferred to effluent limits for industrial or MS4 permits. Some of these differences include:

1. Effluent limits proposed for larger construction sites are based on a specific stormwater treatment method that is added to the stormwater treatment pond already required for smaller sites. Without the requirement to install a pond, the additional treatment may not be economically-feasible. Unless specific structural BMPs, like ponds, are required for industrial or MS4 dischargers, it would be difficult to translate the construction site effluent limits. Because of the nature of industrial and MS4 discharges, requiring treatment ponds would be difficult.



2. In general, the types of activities and stormwater handling practices associated with industrial and MS4 discharges will be significantly broader compared to construction sites. Therefore, again, translating the proposed effluent limits to industrial and MS4 dischargers would be difficult.

Given these factors, it may be difficult to demonstrate that similar Best Available Technology used to calculate effluent limits for construction site discharges could be equally applied to other types of discharges.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

For more information on Stormwater Permitting & Compliance Services, go to:
Caltha LLP SWPPP - Stormwater Services Website

Potential Review of EPA Vessel General Permit Requirements

In December, the EPA released a general permit for cargo vessels entering the Great Lakes or other US waters from overseas that includes rules for 26 types of discharges, such as ballast, oily bilge water and "gray water", deck runoff and engine cooling water. Beginning on February 6, 2009, vessels ranging from large cruise ships to barges, tankers and many recreational vessels have to obtain permit coverage meet certain requirements under the terms of the Vessel General Permit (VGP). These new requirements include best management practices and standards that differ depending on the type of discharge and the type of vessel. Recordkeeping requirements, self reporting, training and other obligations are also required for vessel owners and operators.

One of the key goals of the permit program is to control the spread of invasive species. Ballast water is a leading pathway for the spread of zebra mussels and other non-native aquatic species, which can displace native species and result in significant damage. The EPA permit requires vessels heading for US ports with full ballast tanks to exchange the water at least 200 miles from shore. Ships with empty tanks must rinse them with salt water to kill freshwater organisms remaining in residual puddles or sediment.

However, the new head of the Environmental Protection Agency has indicated that the agency now plans to reconsider these rules. The agency believes that the VGP may do too little to prevent cargo ships from spreading invasive species. Similar measures have already had been required by Canada and the U.S. Coast Guard, and evidence suggests that they have been ineffective at control the spread of invasive species. Environmental groups also sued EPA in February 2009, saying the permit did not meet requirements of the Clean Water Act. They want shippers to install systems for sterilizing tanks to control invasive species.

The States of Minnesota and Michigan set up their own discharge permit programs before the EPA completed its VGP. The other Great Lakes states, except Wisconsin, added their own specifications to the EPA rules. Wisconsin state water officials adopted the VGP without amendments.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Turbidity Effluent Limits for Stormwater Discharges

In December 2008, US EPA published proposed effluent limits for stormwater discharges from construction sites. The proposed rules included a numeric effluent limit of 90 NTU. NTUs are a standard measurement of turbidity in water and of suspended material in the water.

[Read more about proposed stormwater effluent standards]

Benchmark values and previous stormwater effluent limits have always been expressed as Total Suspended Solids (TSS). Turbidity is related to TSS, however the relationship between turbidity and TSS is not always direct, and will be affected by a number of different factors.

Stormwater benchmark concentrations for TSS usually range from 100 to 250 mg/L. Using a few typical conversions between NTU and TSS, it is predicted that an effluent limit of 90 NTU will be roughly equivalent to 45 to 65 mg/L expressed as TSS. Therefore, it is projected that the proposed stormwater effluent limit is about one-half the lowest current benchmark concentration for TSS.

[Read more about the use of stormwater benchmark values]

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Stormwater Antidegradation Requirements for Tier 2, 2.5, 3 Waters

The US EPA Multi-sector General Permit promulgated in 2008 (“MSGP-2008”) includes antidegradation requirements that apply to new and/or expanded discharges of stormwater from regulated industrial sites.

[What is an Antidegradation Policy?]

EPA’s approach to antidegradation requirements is based on three categories of “special” waters – Tier 2, Tier 2.5 and Tier 3.

[Read more about how Stormwater Antidegradation Tiers are defined]

Requirements:

Tier 2. For new or existing dischargers to Tier 2 waters, the discharger is required to notify US EPA prior to making changes at the site which “qualify the facility as a new source or that could significantly change the nature or significantly increase the quantity of pollutants discharged”. EPA may notify the facility that additional analyses, control measures, or other permit conditions are necessary to comply with the applicable antidegradation requirements, or notify the facility that an individual permit application is necessary.

Tier 2.5. Same requirements as Tier 2.

Tier 3. New or existing discharges to Tier 3 waters can not be permitted under the MSGP-2008.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Water Quality Standards on Mississippi - EPA Requirements for MDNR

In December 2008, US EPA informed the Missouri Department Natural Resources (MDNR) that new or revised water quality standards are necessary to protect portions of the Mississippi River in Missouri.

MDNR designated many stream segments and all of its lakes for recreational uses. However, Missouri did not assign the highest level of recreational use to a 195.5-mile segment of the Mississippi River that flows from St. Louis to the confluence of the Mississippi and Ohio Rivers. This EPA action directs the State to address approximately 160 miles of the Mississippi River to ensure that swimming, water-skiing and other recreational uses are protected. This will require MDNR to assign more stringent water quality criteria, which may in turn result in tighter wastewater discharge permit limits.

This action could impact many municipal and industrial NPDES permitted discharges in this reach of the Mississippi River, whether or not existing water quality data indicate that the river does/ does not currently meet recreational use standards.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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EPA Antidegradation Requirements Under MSGP-2008

The US EPA Multi-sector General Permit promulgated in 2008 (“MSGP-2008”) includes antidegradation requirements that apply to new and/or expanded discharges of stormwater from regulated industrial sites.

[What is an Antidegradation Policy?]

Regulation of discharges is based on three categories of waters:

Tier 2 Waters – Tier 2 waters are characterized as having water quality that exceeds the levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water.
Tier 2.5 Waters – For antidegradation purposes, Tier 2.5 waters are those waters designated by States or Tribes as neither Tier 2 nor Tier 3. States have special requirements for these waters. These waters are given a level of protection equal to and above that given to Tier 2 waters, but less than that given Tier 3 waters.
Tier 3 Waters – For antidegradation purposes, Tier 3 waters are identified by states as having high quality waters constituting an Outstanding Natural Resource Water (ONRW), such as waters of National Parks and State Parks, wildlife refuges, and waters of exceptional recreational or ecological significance.

Regardless of these general descriptions, the water bodies regulated under each tier must be LISTED by US EPA. The list of effected waters can change overtime. Currently, the States with listed waters include:

Tier 2 or 2.5: Massachusetts, New Hampshire, District of Columbia, Minnesota
Tier 3: New Hampshire, Puerto Rico, Minnesota, Wisconsin, New Mexico

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Numeric Effluent Limits for Turbidity - Proposed New Source Performance Standard

On November 28, 2008, US EPA published its proposed revision to the federal requirements on stormwater discharges from construction sites. The key departure in the current proposal from existing requirements is the establishment of New Source Performance Standards (NSPS) and numeric effluent limit guidelines (ELG) that will apply to construction sites.

[Read more about the difference between "effluent limit" and "stormwater benchmarks"]

[Read more about typical TSS concentrations in stormwater compared to limits]

In June 2008, US EPA published its final general stormwater discharge permit for construction sites. US EPA’s intent is to issue a revised general permit once these new effluent limits are promulgated.

The current proposed rule addresses controls based on size of the construction site:

1. Less than 10 acres. Controls are similar to current approaches.
2. Greater than 10 acres. Sites greater than 10 acres will need to install temporary sediment basins meeting specific design criteria.
3. Greater than 30 acres. For large sites, discharges will need to monitor stormwater discharges and must meet a turbidity effluent limit of 13 nephelometric turbidity units (NTU). The effluent limit of 13 NTU is based on the determination that the Best Available Technology (BAT) has been demonstrated to meet this limit. In this case, the BAT is active treatment on-site using injection of polymer into the stormwater to improve precipitation of smaller particles.
   

Does this mean that all large construction sites will need to install active stormwater treatment systems? Not necessarily. Large sites subject to the effluent limit of 13 NTU will need to meet that limit. Sediment basins alone may not be capable of meeting this limit, and if so active treatment, including enhanced precipitation using chemical addition, may be required.

Once the US EPA finalizes the effluent limits for large construction sites, State general permits will likely include these permit limits as they are reissued. US EPA is accepting comments on the proposed Rule through February 26, 2009.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Pesticide Regulation Under Clean Water Act - Court Vacates NPDES Exemption

On January 7, 2009, an Appeals Court vacated a U.S. Environmental Protection Agency (EPA) rule that has allowed pesticides to be discharged to US waters without a National Pollutant Elimination System (NPDES) permit. As background, in November 2007 EPA had issued the final rule stating that pesticides applied in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) are exempt from the Clean Water Act's permitting requirements.

The Clean Water Act regulates the discharge of pollutants into the nation's waters by, among other things, requiring entities that discharge pollutants to obtain a National Pollutant Discharge Elimination System (NPDES) permit. For almost thirty years prior to the adoption of the 2007 rule, pesticide labels issued under the FIFRA were required to contain a notice stating that the pesticide could not be "discharged into lakes, streams, ponds, or public waters unless in accordance with an NPDES permit".

The Appeals Court ruled that pesticide residues and biological pesticides constitute pollutants under federal law and therefore must be regulated under the Clean Water Act in order to minimize the impact to human health and the environment.

[Read an update on the Court ruling on NPDES permit requirement for pesticide applications]

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Beach Water Quality Monitoring Grants - Recreational Water Quality Standards

US EPA is making almost $10 million in grants available in 2009 to eligible coastal and Great Lakes states, territories and tribes to help them implement programs to monitor water quality at the beach and to notify the public when water quality problems exist.

To improve water quality testing and to help beach managers better inform the public when there are water quality problems, Congress passed the Beaches Environmental Assessment and Coastal Health Act (BEACH Act) in 2000. The Act authorizes EPA to award grants to eligible states, territories and tribes to develop and implement beach water quality monitoring and notification programs for coastal and Great Lakes recreational beach waters.

In 2009, EPA expects to award $9.9 million in grants to eligible states, territories and tribes for their beach water protection programs. EPA expects to award grants to all eligible states and territories that apply based on an allocation formula. Based on this allocation formula, the amount of each implementation grant ranges from $150,000 to $528,000.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Beaches Act – New and Revised Recreational Water Quality Criteria

The Beaches Environmental Assessment and Coastal Health Act (“Beaches Act”) amended the Clean Water Act to address the special water quality concerns associated with the recreational uses of coastal waters. The Beaches Act requires US EPA to conduct studies concerning pathogen indicators in coastal recreation waters (Section 104(v)), and to publish new or revised water quality criteria for pathogens and pathogen indicators (Section 304(a)).

In response to the Beaches Act, US EPA adopted a Critical Path Science Plan (CPSP) for the new/revised criteria. The CPSP describes research and science for establishing the scientific foundation for new/revised criteria and outlines research to be completed by to publish new or revised criteria in 2012. The major CPSP research areas include:

• Epidemiology Studies and Quantitative Microbial Risk Assessment (QMRA)
• Site Characterization
• Indicators/Methods Development and Validation Modeling
• Application of Criteria to Inland Waters

Between now and 2010 EPA will be conducting additional research into indicators, methods, fate & transport studies, and predictive modeling. Between 2010 and 2012, work will begin on developing the new recreational water quality criteria. EPA plans to publish the water quality criteria in 2012.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Acrolein and Phenol - Human Health Based Water Quality Criteria

The US EPA recently proposed an update to its ambient water quality criteria for acrolein and phenol. Water quality criteria are typically calculated to protect aquatic life from toxicological adverse impacts. However, for certain chemicals which can accumulate in fish, criteria also are based on protection of human health. In addition to being directly exposed to chemicals in the water, humans can also be exposed when fish are eaten that have accumulated chemical from the water. Both acrolein and phenol have human health-based water quality criteria.

Comment period for the draft criteria ended in October 2008.

The proposed criteria are significantly lower compared to current criteria used for the two chemicals:

Acrolein:

Water + Organisms: 6 mg/L (currently 190 mg/L)

Organisms Only: 9 mg/L (currently 290 mg/L)

Phenol:

Water + Organisms: 10,400 mg/L (currently 20,700 mg/L)

Organisms Only: 857,000 mg/L (currently 1,700,000 mg/L)

Acrolein is used in various chemical manufacturing processes and is also used as a common herbicide. Phenol is also used to make chemical intermediates for a wide range of other applications, ranging from plastics to pharmaceuticals and agricultural chemicals.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Great Lakes Water Quality Wildlife Criterion Under GLI

What is a Wildlife-based Water Quality Criterion?

The Water Quality Guidance for the Great Lakes System, also known as the Great Lake Initiative or GLI (40 CFR 132), created a few new types of water quality standards intended to be applied to waters in the Great Lakes basin.

A Great Lakes Water Quality Wildlife Criterion (GLWC) is intended to protect avian (bird) and mammalian wildlife populations in the Great Lakes basin from adverse effects resulting from the ingestion of water and aquatic prey taken from surface waters of the Great Lakes. These criteria are based on existing toxicological studies and information about the exposure of wildlife species to the substance (i.e., food and water consumption rates).

Since toxicological and exposure data for individual wildlife species are very limited, a GLWC was calculated using a similar methodology to that used to derive noncancer human health criteria. Separate avian and mammalian values are developed using toxicity and exposure data for representative Great Lakes basin wildlife species.

Five wildlife species were selected to be representative of bird and animal species living in the Great Lakes basin which are likely to experience the highest exposures to bioaccumulative contaminants through the aquatic food web:

• bald eagle,
• herring gull,
• belted kingfisher,
• mink, and
• river otter.
  

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Nutrient Management Plan - Final Rules for CAFO NPDES Permit

In October 2008, EPA finalized a rule helping to protect the nation’s water quality by requiring concentrated animal feeding operations (CAFOs) to safely manage manure. The rule deadline for newly defined facilities to apply for permits is February 27, 2009.

One of the key requirements under the new rules is for a Nutrient Management Plan (NMP) for manure to be submitted as part of a CAFO’s Clean Water Act permit application. Previous rules required a CAFO operator to use an NMP for controlling manure, but did not required the NMP to be submitted with the permit application. The plan will be reviewed by the permitting authority and conditions based on it will be incorporated as enforceable terms of the permit.

The regulation also requires that an owner or operator of a CAFO that actually discharges to streams, lakes, and other waters must apply for a permit under the Clean Water Act. If a farmer designs, constructs, operates and maintains their facility such that a discharge will occur, a permit is needed. EPA is also providing an opportunity for CAFO operators who do not discharge or propose to discharge to show their commitment to pollution prevention by obtaining certification as zero dischargers.

Finally, the final rule includes technical clarifications regarding water quality-based effluent limitations and use of best management practices to meet zero discharge requirements, as well as affirming the 2003 rule requirement for reducing fecal coliform bacteria through the use of best conventional technology (BCT).

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Florida Nutrient Criteria - Requirement for Numeric Standards

The US Environmental Protection Agency (EPA) has recently announced that the agency is taking actions to develop Nutrient Water Quality Criteria within the State of Florida. This includes EPA issuing a formal determination under the Clean Water Act that “numeric” nutrient water quality criteria are necessary in Florida, and concluding the State needs to accelerate its efforts to adopt numeric nutrient criteria.

Florida’s most recent Water Quality Assessment estimated that more than 1,000 miles of rivers and streams, 350,000 acres of lakes, and 900 square miles of estuaries are impaired by nutrients. The new numeric nutrient water quality standards will help the Florida Department of Environmental Protection (FDEP) improve the efficiency and effectiveness of its water quality management tools, identify waters impaired because of nutrient pollution, establish total maximum daily loads and Basin Management Action Plans, and derive National Pollutant Discharge Elimination System (NPDES) permit limits.

EPA expects to propose numeric nutrient standards for lakes and flowing waters within 12 months, and for estuaries and coastal waters within 24 months.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website