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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Iowa Terminates Nutrient Criteria Rulemaking

The Iowa Department of Natural Resources (DNR) will ask the Environmental Protection Commission to terminate the rule intended to establish nutrient water quality criteria for lakes to protect recreational uses. Public hearings and consultation with stakeholder groups indicated substantive changes needed to be made to the rule. DNR believes that the planned revisions will change the character of the rule enough to justify a new Notice of Intended Action. The changes will also require some additional research by the DNR making it impractical to amend the current notice. After conducting the research and consulting with stakeholder groups, the DNR will ask the commission to approve a new Notice of Intended Action.

The DNR has also cancelled the two remaining public hearings that were rescheduled for later in March.

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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Review of Iowa Lakes Using Proposed Water Quality Standards

The Iowa Department of Natural Resources (IDNR) has proposed a revision to the water quality standards used to assess Iowa lakes. [Read more about the proposed standards] In conjunction with this rulemaking process, IDNR has published a review of existing data sets on Iowa lakes to evaluate how well lakes in the State currently comply with the current and the proposed standards.

The report, “How Many Lakes Will Meet the New Criteria”, compares sampling data from 132 lakes with both the proposed criteria and the criteria currently used to decide whether a lake fully supports swimming. The Trophic State Index (TSI) is used to quantify whether a lake meets the narrative water quality criteria contained in Iowa’s water quality standards such as a lake must be free of nuisance aquatic life. The TSI measures water quality parameters such as nutrient concentrations, transparency and chlorophyll-a concentrations. algae blooms. These narrative criteria apply to all surface waters.

In summary, of the 132 lakes reviewed, 64% do not meet the TSI criteria. A total of 88% of these lakes do not meet the proposed criteria. Most of the lakes that do not meet the proposed criteria would not meet either the transparency or the chlorophyll-a criteria.

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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TCEQ Nutrient Criteria and Screening Levels

The Texas Commission on Environmental Quality (TCEQ) is proposing a methodology to calculate site-specific Nutrient Criteria and Screening Levels for reservoirs, is as a new addition to the standards rule. The result will be chlorophyll a criteria and supplemental screening values for total phosphorus and transparency which will be used to confirm if a water body is attaining the nutrient criteria. TCEQ is soliciting comments on this draft approach to derivation of criteria and screening levels in comparison to other alternative criteria, such as stand-alone criteria for chlorophyll a without supplemental screening levels.

If selected as the preferred method, TCEQ intends to use a stand-alone chlorophyll a criteria that is adjusted to be equivalent to chlorophyll a criteria with supplemental screening levels. If stand-alone chlorophyll a criteria were to be adopted, then references to supplemental screening levels for total phosphorus and transparency would be omitted in draft language in §307.2, §307.7, §307.9, and §307.10, and only the statistically adjusted stand-alone chlorophyll a criteria would appear in the final methodology.

Criteria for chlorophyll a are planned to be assessed with long-term medians of sampling data. Criteria for chlorophyll a are attained when they are not exceeded by the median of monitoring data results.

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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Iowa Lake Water Quality Standards - Secchi disk and Chlorophyll

The Iowa DNR is proposing a rule that sets water quality criteria necessary to protect for recreational uses in lakes. In summary, the rule contains two criteria: Secchi depth of at least one meter and chlorophyll-a not to exceed 25 ug/l. The two criteria must be met at least 75% of the time in order for the lake to be considered to support recreation such as swimming.

The proposed rule 61.3(4) is as follows:

61.3(4) Lake criteria. So that the recreational uses listed in 61.3(1)“b”(1) through 61.3(1)“b”(3) can be supported, the following criteria are applicable to all lakes that have a mean depth of three meters or greater.
a. Transparency. The transparency of the lake as measured with a Secchi Disk shall be one meter or more in at least 75 percent of the measurements taken.
b. Chlorophyll-a. The concentration of chlorophyll-a in 75 percent of the samples analyzed shall not exceed 25 micrograms per liter (μg/l).
c. Water sampling used to determine whether a lake meets the transparency and chlorophyll-a criteria must meet the following:
(1) A minimum of nine sample results are required.
(2) At least three of the samples must be taken from the deepest part of the lake.
(3) All samples must be taken during the months of May through September.
(4) At least three sampling events must be conducted in any one summer recreation season.
(5) Samples must be taken in at least three summer seasons in a five-consecutive-year period.
d. Nitrogen and phosphorus concentrations are among several variables affecting lake transparency and chlorophyll-a levels; however, individual lake and watershed characteristics determine the precise amount of nutrients that can be tolerated within a lake while still attaining the above recreational use criteria. For this reason, nutrient reduction targets will be determined on a case-by-case basis as a result of lake-specific monitoring and data analysis. Lake nutrient response models, such as those used to establish Total Maximum Daily Loads for lakes with transparency or chlorophyll-a impairments, or other appropriate scientific methods will be utilized for this purpose.

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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CT Stormwater Benchmarks for Copper, Lead, Zinc and Other

The Connecticut Department of Environmental Protection (“DEP”) has proposed to revise and renew its General Permit for the Discharge of Stormwater Associated with Industrial Activity. The previous General Permit was adopted in 2002, modified in 2003, and expired on March 31, 2008.

Recent proposals by DEP have significantly lowered numeric "benchmarks" associated with industrial stormwater discharges.

The 2002 permit required annual monitoring of stormwater discharges from qualifying storm events for an expansive list of chemical and physical parameters, including whole effluent toxicity, and a set of Target Values for the parameters based on the 80th percentile of the monitoring data collected in previous years.

In 2008, DEP announced that it would be revising the permit. It proposed to update its 80th percentile Target Values to reflect the monitoring data acquired since the prior permit was adopted in 2002. DER also proposed Action Levels at the 95th percentile of prior monitoring results which would require follow-up action by registrants to investigate the source of the exceedances and modify their BMPs and SWPPP.

On February 4, 2009, DEP issued a new proposed draft which adopts ten sectors modeled on the EPA “MSGP-2008” Multisector permit, with semi-annual monitoring. The previously proposed “Action Levels” have become “Benchmarks” to track the federal language. DEP’s proposal retains the broad spectrum of parameters to be included in the monitoring program, including toxicity, but makes some sector specific adjustments. The toxicity monitoring requirement carries with it no Benchmark. The draft also adds annual monitoring for parameters for which receiving waters have been designated impaired or subject to Total Maximum Daily Load restrictions.

The Benchmark values for copper, lead and zinc are based on Connecticut’s State Water Quality Standards. The Benchmarks for remaining parameters (pH, O&G, COD, TSS, TP, TKN, and NO3), are based on the 50th percentile of the previously acquired monitoring data.

DEP expects to go to notice on a new proposal in April 2009. In the meantime, the DEP has published notice that it intends to extend the 2002 General Permit once again until September 30, 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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Nitrate Vulnerable Zones Expanded in UK - EU Nitrates Directive

As of January 1, 2009, the areas designated as Nitrate Vulnerable Zones (NVZs) increased to approximately 70% of England. This includes the 55% originally designated in 2002. Farmers who wished to appeal the designation of their land within a NVZ had until March 10, 2009 to submit evidence. Appeals could be made on the grounds, that 1) the land does not drain into water that has been identified as polluted; or 2) the land drains into water that should not have been identified as polluted.

As background, the European Union (EU) Nitrates Directive, passed in 1991, requires Member States to identify waters which are or could become polluted by nitrates and to designate as NVZs all land draining to those waters and contributing to the pollution.

The following criteria are used in identifying polluted waters:

• Surface freshwaters which contain or could contain, if preventative action is not taken, nitrate concentrations greater than 50 mg/L.
• Groundwaters which contain or could contain, if preventative action is not taken, nitrate concentrations greater than 50 mg/L.
• Natural freshwater lakes, or other freshwater bodies, estuaries, coastal waters and marine waters which are eutrophic or may become so in the near future if protective action is not taken.
  

The Directive requires Member States to establish a mandatory Action Program of measures for the purposes of reducing nitrate loss from agriculture. The Action Program could be applied either within NVZs or throughout the whole country. Action Programs must contain rules relating to:

1. periods when the land application of certain types of fertilizer is prohibited;
2. the capacity of storage vessels for livestock manure;
3. the land application of fertilizer to steeply sloping ground;
   the land application of fertilizer to water-saturated, flooded, frozen or snow-covered ground;
4. the conditions for land application of fertilizer near water courses;
5. procedures for the land application, including rate and uniformity of spreading, of both chemical fertilizer and livestock manure;
6. limitation of the land application of fertilizers based on a balance between the foreseeable nitrogen requirements of the crops, and the nitrogen supply to the crops from the soil and from fertilization; and
7. the amount of livestock manure applied to the land each year, including by the animals themselves, shall not exceed 170 kg N per hectare.
   

There is an obligation for Member States to review the effectiveness of their Action Program measures at least every four years.

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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Missouri Department of Natural Resources Nutrient Water Quality Criteria

The Missouri Department of Natural Resources (MDNR) has begun the formal process of setting nutrient water quality criteria for streams and rivers in the State, as required under section 304(a) of the Clean Water Act. This is the second phase of a process approved by US EPA in 2005 to set water quality standards for specific nutrients in waters of the State. This process was detailed in the document "Nutrient Criteria Plan".

Nutrient criteria for lakes and reservoirs have already been drafted and are scheduled for submission into the rulemaking process as a part of revision to Water Quality Standards.

MDNR began conducting public meetings in February 2009 to solicit input into the development of nutrient criteria for streams and rivers.

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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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.

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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.

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