Water Quality Standards | Aquatic Toxicology | NPDES Permit Limits

Total Toxic Organic Management Plans - TTOMP

info@calthacompany.com (Caltha LLP) — Mon, 29 Mar 2010 21:12:00 +0000

Under the Clean Water Act, certain industrial dischargers have limits on Total Toxic Organics, or TTO. For example, TTO limitations have been promulgated for all process wastewater classified as Metal Finishing and Electroplating Categorical Discharges (40 CFR 433 and 40 CFR 413). The TTO limitation is defined as the summation of all toxic organics (which includes a list of over 100 parameters) present in concentrations greater than 0.01 mg/L.

The cost for TTO testing can be relatively high. In lieu of monitoring for all the TTOs in their waste water effluent, some industrial dischargers can elect to prepare and certify a TOTAL TOXIC ORGANIC MANAGEMENT PLAN, or TTOMP, to control the discharge of TTOs in their wastewater effluent.

Caltha LLP prepares TTOMP for industrial dischargers. 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 - Extension of Public Comment

info@calthacompany.com (Caltha LLP) — Tue, 09 Mar 2010 13:09:00 +0000

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.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

CWA 316(a) - Variance from State Thermal Discharge Standards

info@calthacompany.com (Caltha LLP) — Fri, 05 Mar 2010 13:04:00 +0000

The Vermont Supreme Court recently affirmed issuance of a variance allowing the electric generating facility to increase the temperature of its summer cooling water discharges. The State Supreme Court agreed that States may set thermal effluent standards stricter than the federal standards contained in Clean Water Act (CWA) Section 316(a), but upheld a variance issued by the State of Vermont from the stricter State thermal effluent requirements.

Under Section 316(a) of the CWA, thermal effluent, such as cooling water , is considered a pollutant, and facilities wishing to discharge thermal effluent into a water source must apply for a NPDES permit. CWA Section 316(a) allows a thermal discharger to obtain a thermal effluent variance by demonstrating that less stringent thermal effluent limitations would still protect aquatic life. To receive a Section 316(a) variance, a discharger must demonstrate to the appropriate regulatory agency that alternative thermal limits will not cause significant harm to the aquatic life in the receiving waters. The effort required to make this case varies greatly, depending on state requirements and the site-specific potential for impacts. In nearly all cases, however, the demonstration involves extensive evaluation of potential impacts and characterization of local aquatic populations. A regulatory agency can reject a demonstration or ask the discharger to study certain issues in more detail. A permit applicant may apply for a variance from otherwise applicable thermal discharge limitations.

It is this type of thermal variance request that was the subject of the permit amendment before the Vermont Supreme Court. The Court’s decision supports the view that State water quality standards apply even under a Section 316(a) thermal variance process. States may impose thermal effluent requirements stricter than would be required under the federal CWA Section 316(a) standard alone. However, the court also held that States may also waive those requirements, and held that Vermont had properly done so.

Iowa Terminates Nutrient Criteria Rulemaking

info@calthacompany.com (Caltha LLP) — Tue, 02 Mar 2010 17:01:00 +0000

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.

Great Lakes Restoration Initiative Action Plan

info@calthacompany.com (Caltha LLP) — Tue, 02 Mar 2010 13:04:00 +0000

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.

Review of Iowa Lakes Using Proposed Water Quality Standards

info@calthacompany.com (Caltha LLP) — Wed, 10 Feb 2010 21:08:00 +0000

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.

TCEQ Proposed Antidegradation Rule

info@calthacompany.com (Caltha LLP) — Mon, 08 Feb 2010 18:59:00 +0000

The Texas Commission on Environmental Quality has proposed revisions to its water quality standards, including Chapter §307.5. Antidegradation. These rules apply to all wastewater discharges, including stormwater. The rule establishes the antidegradation policy of the commission which includes a three tier system:

Tier 1. Existing uses and water quality sufficient to protect those existing uses must be maintained. Categories of existing uses are the same as for designated uses
Tier 2. No activities subject to regulatory action are allowed that would cause degradation of waters that exceed fishable/swimmable quality, unless it can be shown that the lowering of water quality is necessary for important economic or social development.
Tier 3. Outstanding national resource waters are defined as high quality waters within or adjacent to national parks and wildlife refuges, state parks, wild and scenic rivers, and other designated areas of exceptional recreational or ecological significance. The quality of
outstanding national resource waters must be maintained and protected.

No discharges can lower water quality to the extent that the Texas Surface Water Quality Standards are not attained. Any discharge of wastewater that would constitute a new source or an increased source of pollution from any industrial, public, or private project or development
are required to provide a level of wastewater treatment consistent with the provisions of the
Texas Water Code and the Clean Water Act. For nonpoint sources of pollution, as necessary, cost effective and reasonable best management practices established through the Texas Water Quality Management Program are to be implemented.

Tier 1 reviews must ensure that water quality is sufficiently maintained so that existing uses are protected. All discharges that could cause an impairment of water quality are subject to Tier 1 reviews. If the existing uses and criteria of a potentially affected water body have not been previously determined, then the antidegradation review must include a preliminary determination of existing uses and criteria.

Tier 2 reviews apply to all discharges that could cause degradation of water quality where water quality exceeds levels necessary to support propagation of fish, shellfish, wildlife, and recreation in and on the water (fishable/swimmable quality). Tier 3 reviews apply to all discharges that could cause degradation of outstanding national resource waters.

TCEQ Nutrient Criteria and Screening Levels

info@calthacompany.com (Caltha LLP) — Mon, 08 Feb 2010 18:27:00 +0000

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.

New or Expanded Discharges Under ADEQ Proposed General Permit

info@calthacompany.com (Caltha LLP) — Tue, 02 Feb 2010 12:56:00 +0000

The Arizona Department of Environmental Quality (ADEQ) recently posted an updated draft of its proposed multisector industrial stormwater discharge general permit for informal stakeholder review and input. This permit “AZPDES MSGP 2010”, once promulgated, will replace the existing industrial stormwater permit, which expired in 2005. ADEQ anticipates the MSGP to be public noticed sometime during the winter of 2010.

The permit addresses new or expanded stormwater discharges to impaired waters and to Outstanding Arizona Waters (OAW).

New Dischargers to Water Quality Impaired Waters.
A new discharger to an impaired water is not automatically eligible for coverage under the general permit. To receive authorization under the permit, the applicant shall make one of the following demonstrations and retain such data and other technical information onsite with the stormwater pollution prevention plan (SWPPP):

a. That the facility will employ measures to prevent all exposure to stormwater of the pollutant(s) for which the waterbody is impaired; or
b. That the discharge from the facility has no potential to contain the pollutants causing impairment; or
c. That the discharge is not expected to cause or contribute to an exceedance of a water quality standard. The applicant must demonstrate either: (i). The discharges are subject to stormwater control measures such that the discharges meet the applicable water quality standard at the point of discharge; or (ii). The discharges are consistent with the provisions of the TMDL.

Within 32 business days of receipt of this information, ADEQ will notify the applicant in writing that:
a. It is acceptable to proceed under the general permit;
b. The SWPPP is incomplete or otherwise deficient and must be revised; or
c. It is not eligible for coverage under the permit

Discharges to Outstanding Arizona Waters.
New or expanded discharges to a water or portion thereof classified as an OAW are not automatically eligible for coverage under the permit. To receive authorization for a new or expanded, the applicant must:

a. Submit the NOI and a copy of the SWPPP that includes a sampling and analysis plan to collect data appropriate to verify the demonstration below and
b. Demonstrate that the discharge will not degrade existing water quality in the downstream OAW.

Within 32 business days of receipt of this information, ADEQ will notify the applicant in writing that:
a. It is acceptable to proceed under the general permit;
b. The SWPPP is incomplete or otherwise deficient and must be revised; or
c. It is not eligible for coverage under the permit

North Dakota Proposed Benchmarks for Industrial Discharge

info@calthacompany.com (Caltha LLP) — Thu, 21 Jan 2010 02:38:00 +0000

On January 15, the North Dakota Dept of Health released its proposed industrial stormwater discharge permit. One of the key requirements for North Dakota industrial dischargers is the requirement for stormwater monitoring and stormwater benchmarks. Selected industrial sectors require monitoring and need to meet benchmarks under the proposed permit, which is on public comment until February 15, 2010.

Wood and Paper Products
Applicability: Facilities with SIC code 2421-2426 (Sawing/Planning mills), 2491 (Wood
Preserving), 2493 (Reconstituted Wood Products), and 2631 (Paperboard Plants).

Benchmark Values

• pH 6.0 – 9.0 S.U.
• Total Suspended Solids 100 mg/L
• Chemical Oxygen Demand 120 mg/L
• Phenols, Total 1.0 mg/L
• Arsenic, Total 0.1685 mg/L
• Copper, Total(1) 0.0636 mg/L

Chemical and Related Products
Applicability: Facilities with SIC code 281 (Industrial Inorganic Chemicals), 282 (Plastics and Synthetic Materials), 284 (Soaps and Detergents) and 287 (Agricultural Chemicals).

Benchmark Values

• pH 6.0 – 9.0 S.U.
• Total Suspended Solids 100 mg/L
• Total Phosphorus 2.0 mg/L
• Ammonia (2) as N 15.0 mg/L
• Nitrates as Nitrogen 0.68 mg/l
• Chemical Oxygen Demand 120 mg/L
• Zinc, Total(1) 0.117 mg/L

Food and Related Products
Applicability: Facilities with SIC code 2011 (Meat Packing Plants), 2015 (Poultry Slaughtering and Processing), and 207 (Fats and Oils).

Benchmark Values

• Oil and Grease No visible sheen (15 mg/L)
• pH 6.0 – 9.0 S.U.
• Total Suspended Solids 100 mg/L
• Ammonia (2) as N 15.0 mg/L
• Nitrates as Nitrogen 0.68 mg/l
• 5-Day BOD 30 mg/L
• Chemical Oxygen Demand 120 mg/L
• Fecal Coliform 200 colonies/100mL

Primary Metal Industries
Applicability: Any facility classified as SIC code 33.

Benchmark Values

• pH 6.0 – 9.0 S.U.
• Total Suspended Solids 100 mg/L
• Lead, Total(1) 0.0816 mg/L
• Cadmium, Total(1) 0.0159 mg/L
• Arsenic, Total(1) 0.1685 mg/L
• Copper, Total(1) 0.0636 mg/L
• Zinc, Total(1) 0.117 mg/L

Hazardous Waste Treatment, Storage and Disposal
Applicability: Facilities that treat, store or dispose of hazardous wastes.

Benchmark Values

• pH 6.0 – 9.0 S.U.
• Chemical Oxygen Demand 120 mg/L
• Ammonia (2) as N 15 mg/L
• Arsenic, Total(1) 0.1685 mg/L
• Cadmium, Total(1) 0.0159 mg/L
• Lead, Total(1) 0.0816 mg/L
• Silver, Total(1) 0.0318 mg/L
• Cyanide, Total(1) 0.0636 mg/L
• Mercury, Total(1) 0.0024 mg/L
• Selenium, Total(1) 0.2385 mg/L

Landfills and Land Application
Applicability: Facilities associated with waste disposal at landfills, land application sites and open dumps that receive industrial waste.

Benchmark Values

• pH 6.0 – 9.0 S.U.
• Total Suspended Solid 100 mg/L
• Chemical Oxygen Demand 120 mg/L
• Lead, Total(1) 0.0816 mg/L
• Oil and Grease No visible sheen (15 mg/L)

Automobile Salvage Yards
Applicability: Facilities engaged in dismantling or wrecking used motor vehicles for parts recycling/resale and for scrap; SIC code 5015.

Benchmark Values

• Oil and Grease No visible sheen (15 mg/L)
• pH 6.0 – 9.0 S.U.
• Total Suspended Solids 100 mg/L
• Chemical Oxygen Demand 120 mg/L
• Lead, Total(1) 0.0816 mg/L

Scrap Recycling Facilities
Applicability: Facility engaged in processing, reclaiming and distribution of metal scrap and other waste materials; SIC code 5093.

Benchmark Values

• Oil and Grease No visible sheen (15 mg/L)
• pH 6.0 – 9.0 S.U.
• Total Suspended Solids 100 mg/L
• Chemical Oxygen Demand 120 mg/L
• Copper, Total(1) 0.0636 mg/L
• Lead, Total(1) 0.0816 mg/L
• Zinc, Total(1) 0.117 mg/L

Air Transportation
Applicability: Regional and Primary commercial Airports and Air Force Bases

Benchmark Values

• pH 6.0 – 9.0 S.U.
• Ammonia(2) as N 15.0 mg/L
• Nitrates as Nitrogen 0.68 mg/l
• 5-Day BOD 30 mg/L
• Chemical Oxygen Demand 120 mg/L

Notes:
1 Hardness dependent; values given are based on a water hardness of 100 mg/L as CaCO3.
2 Ammonia is pH dependent; value given is based on a pH of 8.0 s.u.

Iowa Lake Water Quality Standards - Secchi disk and Chlorophyll

info@calthacompany.com (Caltha LLP) — Mon, 11 Jan 2010 23:25:00 +0000

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.

Revised Washington Benchmarks for Industrial Stormwater Discharge

info@calthacompany.com (Caltha LLP) — Mon, 04 Jan 2010 12:45:00 +0000

Effective January 1, 20010, the Washington Department of Ecology has issued new benchmark concentrations for industrial stormwater discharges. Dischargers subject to the revised State industrial stormwater discharge permit must collect samples of stormwater discharge at least quarterly. Different levels of Corrective Action are required if dischargers exceed any of their respective benchmarks over one or more quarters.

The revised benchmarks are:

All Facilities:
Parameter Benchmark Value
Turbidity 25 NTU
pH Between 5.0 and 9.0
Oil Visible Sheen (Yes/No)
Total Copper Western WA: 14 ug/L, Eastern WA: 32 ug/L
Total Zinc 117 ug/L

Industrial Sector Specific Benchmarks:
Chemical and Allied Products ( SIC 28), Food and Kindred Products (SIC 20)
BOD5 30 mg/L
Nitrate/Nitrite 0.68 mg/L
Phosphorus 2.0 mg/L

Primary Metals (SIC 33), Metals Mining (SIC 10), Automobile Salvage and Scrap Recycling (5015 and 5093), Metals Fabricating (SIC 34)
Total Lead 81.6 ug/L
Total Petroleum Hydrocarbons 10 mg/L

Hazardous Waste Treatment, Storage and Disposal Facilities and Dangerous Waste Recyclers
COD 120 mg/L
Ammonia 2.1 mg/L
TSS 100 mg/L
Total Arsenic 150 ug/L
Total Cadmium 2.1 ug/L
Total Cyanide 22 ug/L
Total Lead 81.6 ug/L
Total Magnesium 64 ug/L
Total Mercury 1.4 ug/L
Total Selenium 5.0 ug/L
Total Silver 3.8 ug/L
Total Petroleum Hydrocarbons 10 mg/L

Air Transportation (SIC 45)
Ammonia 2.1 mg/L
BOD5 30 mg/L
COD 120 mg/L
Nitrate/Nitrite 0.68 mg/L

Timber Product Industry (SIC 24), Paper and Allied Products (SIC 26)
COD 120 mg/L
TSS 100 mg/L

Wisconsin Ballast Water Discharge Permit Environmental Assessment

info@calthacompany.com (Caltha LLP) — Tue, 15 Dec 2009 20:47:00 +0000

The Wisconsin DNR (WDNR) has recently completed its environmental assessment for the proposed issuance of a general permit to regulate the discharge of ballast water from ships into the waters of the State. This assessment, completed to comply with the Wisconsin Environmental Policy Act (WEPA) clears the way for WDNR to issue its final discharge permit.

On February 23, 2009, the WDNR public noticed a general permit for commercial vessels which includes effluent discharge standards for ballast water. This permit also included an aggressive compliance schedule for implementation. The permit specifies biological effluent discharge standards and biocide effluent limits that, based upon best professional judgment, represent the best practicable technology currently available pursuant to § NR 220.21, Wis. Adm. Code. WDNR believes a permit for regulating ballast water beyond what EPA has developed is necessary to prevent the release of additional aquatic invasive species (AIS) and protect water quality standards in Wisconsin. The 2010-11 biennial budget bill signed by Governor Doyle in July 2009 provided for statutory authority to establish a discharge performance standard for ballast water.

Wisconsin’s General Permit will require discharges of ballast water to meet numeric technology based effluent limits based upon the number of living organisms in the discharge by 2014 for all existing ocean-going ships. Vessels constructed on or after January 1, 2012 would have to meet these requirements prior to operation. The permit is intended to minimize the further release of aquatic invasive species. The general permit requires all ocean-going vessels to meet discharge standards set at 100 times more stringent than the IMO standards. This discharge standard is similar to that adopted by New York in its § 401 Water Quality Certification. Plans and specifications of the treatment systems would require approval by the Department, to confirm the treatment has been approved by the USCG or an equivalent approval process, is effective and would comply with the discharge standards.

There is an exemption in this permit when ballast water is pumped from a vessel off-ship for treatment on another vessel or to a ballast water treatment system on-shore. Additionally, the permit allows for an alternative discharge limit, if the technology is not available to meet the discharge standards by December 31, 2011.

The federal general permit (VGP), effective December 19, 2008, that applies to all discharges incidental to the normal operation of a vessel1 includes a technology based standard for all ocean-going vessels. This standard has been required by the United States Coast Guard (USCG) for all vessels that enter the St. Lawrence Seaway since March 2008 and has proven ineffective as the introduction of aquatic invasive species has continued. On August 28, 2009, the USCG published in the federal register a new proposed ballast water discharge standard rule which requires a phased approach to ballast water discharge standards, with IMO being required in phase-one, and up to 1000 times IMO standards in phase-two. WDNR general permit contains technology based effluent limitations that represent the best practicable control technology currently available.

EPA OW - OPP Pesticide Assessment Methods Meetings

info@calthacompany.com (Caltha LLP) — Mon, 07 Dec 2009 14:14:00 +0000

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.

EPA National Study of Chemical Residues in Lake Fish Tissue

info@calthacompany.com (Caltha LLP) — Tue, 17 Nov 2009 12:21:00 +0000

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.

Endocrine Disruptor Screening Program - EDSP

info@calthacompany.com (Caltha LLP) — Mon, 02 Nov 2009 17:10:00 +0000

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.

EPA Clean Water Act Enforcement Plan

info@calthacompany.com (Caltha LLP) — Mon, 26 Oct 2009 15:12:00 +0000

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.

Minnesota Statewide Mercury TMDL - Proposed MPCA Amendement

info@calthacompany.com (Caltha LLP) — Mon, 12 Oct 2009 13:54:00 +0000

The Minnesota Pollution Control Agency (MPCA) has recently proposed adding a total of 126 lakes, streams and rivers to its list of mercury impaired water bodies. Excess mercury in fish from these additional water bodies will be addressed under the existing Statewide Mercury TMDL, or under a water body specific TMDL, depending on fish tissue concentrations.

The MPCA Mercury TMDL relies on a reduction goal for mercury atmospheric deposition. The TMDL contains the list of lakes and river segments covered by the TMDL. The Statewide Mercury TMDL also contains the list of NPDES permittees covered by the TMDL.

The 2008 Mercury TMDL listed 998 water bodies. Subsequently, three water bodies were split, resulting in a total of 1001 water bodies. An additional 95 waterbodies are being added in the 2010 cycle, resulting in a grand total of 1096 water bodies in the 2010 revision the EPA-approved Mercury TMDL.

The water bodies listed in the Statewide Mercury TMDL have fish tissue concentrations greater than 0.2 mg/kg [the Minnesota State water quality standard] and equal to or less than 0.572 mg/kg. Fish tissue concentrations that exceed 0.572 mg/kg are not eligible to be included in the Statewide Mercury TMDL. Those mercury impairments are subject to a future TMDL studies. In 2010, MPCA is proposing to add 28 water bodies to the list of mercury impaired waters not eligible to be addressed under the Statewide Mercury TMDL, bringing the total to 326.

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

Proposed Discharge Standards for Airports

info@calthacompany.com (Caltha LLP) — Tue, 06 Oct 2009 14:39:00 +0000

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.

New Wastewater Discharge Rules for Coal Fired Power Plants

info@calthacompany.com (Caltha LLP) — Mon, 21 Sep 2009 14:30:00 +0000

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.

Using Water Effect Ratio In Setting NPDES Permit Limits

info@calthacompany.com (Caltha LLP) — Thu, 06 Aug 2009 11:12:00 +0000

The water effect ratio (WER) is defined as the ratio of the toxicity of a chemical in site water to the toxicity of the same chemical in standard laboratory water. Standard laboratory water would have been used to generate toxicity data used to calculate State or Federal Water Quality Criterion. Therefore a WER which is greater than or less than 1 would infer that the chemical would be more or less toxic in site water compared to laboratory water. Using the Water Effect Ratio, the ambient water quality standard might be adjusted to meet the same aquatic life protection goals. The water effect ratio is developed to compensate for site-specific biogeochemical factors such as hardness, alkalinity, organic carbon, etc. which can influence the bioavailability and toxicity of chemical.

In practice, WER are often used to generate site-specific water quality standards that are higher than State or Federal standards.

The process of generating and using WER in the NPDES permitting process requires close coordination with the permitting agency. Work to prepare acceptable WER may require water quality monitoring and laboratory toxicity tests. NPDES permits issued using a WER may also include additional receiving water monitoring requirements.

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

Iowa IDNR General Permit for Well Construction Wastewater Discharges

info@calthacompany.com (Caltha LLP) — Fri, 31 Jul 2009 12:14:00 +0000

The Iowa Department of Natural Resources (DNR) is proposed amendments to Chapter 64 – Wastewater Construction and Operation Permits, including a proposal that would require the discharge of wastewater from water well construction and service activities to navigable waters to be covered under a general permit. The proposal would create a National Pollutant Discharge Elimination System (NPDES) General Permit that would require permittees to:

1. Comply with the general water quality criteria,

2. Prepare a pollution prevention plan that includes best management practices (BMPs) to be implemented, and

3. Visually monitor wastewater effluent to determine sufficiency of the BMPs.

The IDNR will be conducting public hearings on the proposed rules at several locations from August 4 through 12.

Court Approves MPCA Vessel Discharge Permit Rules

info@calthacompany.com (Caltha LLP) — Wed, 29 Jul 2009 14:21:00 +0000

The Minnesota Court of Appeals ruled in favor of the Minnesota Pollution Control Agency’s (PCA) new regulations to control ballast water discharges from ships on Lake Superior.

The Minnesota Center for Environmental Advocacy had filed suit against the PCA saying the agency was moving too slowly and had standards too lax to regulate ballast water. The group wanted tougher standards on ships imposed sooner than 2012 for new ships and 2016 for existing ships the PCA has called for.

The court’s decision upholds the rules promulgated by the PCA last year for nearly all ships that discharge any ballast water or carry ballast water through Minnesota waters of Lake Superior.

Mercury TMDL - MPCA Proposal To Control Hg Air Emissions

info@calthacompany.com (Caltha LLP) — Tue, 28 Jul 2009 01:43:00 +0000

The Minnesota Pollution Control Agency (MPCA) is requesting comments on new air quality rules involving mercury air emissions reporting. The Rules are being drafted in accordance with a statewide mercury TMDL, which aims to reduce mercury in fish.

The impeding rulemaking falls into two general categories:

1) Mercury Emissions Reporting, and
2) Plans for Mercury Emissions Reductions at Certain Facilities

Rulemaking will require certain facilities holding an MPCA air emissions permit to develop their own Mercury Emissions Reducing Plan for incorporation into their State air emissions permit. Some facilities will also be expected to develop reduction plans to meet sector or source reduction targets and timeframes listed in the “Strategy Framework for the Implementation of Minnesota’s Statewide TMDL”, which outlines the State's strategy to address the many lakes & rivers in the State impaired due to high concentrations of mercury in fish.

The proposed new and amended rules will also establish the emission calculation methods for facilities to track their mercury emissions and submit an annual mercury emissions report to the MPCA. Although MPCA is considering having mercury emissions reporting take place concurrent with the annual air emissions inventory process, the proposed rulemaking does not include any major changes to the criteria pollutant emissions inventory.

The proposed rule will also establish the minimum requirements for Mercury Emissions Reduction Plans from each facility to address how they will reduce mercury emissions. The Plans will either be incorporated into their air emissions permit as enforceable requirements or will be made enforceable using other means available to the MPCA. Reduction targets are established for taconite processing facilities, utility boilers, commercial, institutional and industrial boilers, petroleum refineries, secondary metal smelters, sewage sludge incinerators.

As a separate element of the Statewide TMDL, MPCA is also proposing evaluations for mercury sources as a requirement under its Multi-sector Industrial Stormwater General permit. Facilities that identify mercury sources will need to develop a Mercury Minimization Plan relative to stormwater discharges.

Iowa Chloride, Sulfate and TDS Ambient Water Quality Standards

info@calthacompany.com (Caltha LLP) — Tue, 30 Jun 2009 12:04:00 +0000

The Iowa Department of Natural Resources (IDNR) is currently proposing to amend Iowa ambient water quality standards for chloride, sulphate and total dissolved solids (TDS). In addition, they are proposing a change to the default hardness value used to calculate ambient water quality standards for many chemicals, especially metals.

The changes being proposed include the following:

Establish numerical water quality criteria for chloride for the protection of aquatic life uses.
Establish numerical water quality criteria for sulfate for the protection of aquatic life uses.
Remove TDS criteria and implementation approach
Revises default hardness level used for hardness dependent chemical criteria from 100 mg/l (as CaCO3) to 200 mg/L.

IDNR will be accepting comments on these proposed changes until August 14, 2009.