Massachusetts DEP Proposed Stormwater Regulations

The Massachusetts Department of Environmental Protection (DEP) is proposing a new approach to stormwater management which will require private owners of large impervious surfaces (including institutions, commercial, industrial and residential properties) to manage stormwater. The draft requirements include:

• Statewide private property owners of impervious surfaces ≥5 acres will be required to implement good housekeeping practices,
• Statewide private new developments with impervious surfaces ≥5 acres will be required to meet the state’s Stormwater Standards 3-6, including recharge and water quality treatment,
• Redevelopments with impervious surfaces ≥5 acres must maintain the same level of stormwater control and recharge, to the extent site constraints allow.

In areas that drain to an impaired waters with an existing or pending TMDL, a 65 % reduction in phosphorus load is required to achieve compliance with the State’s water quality standards.

Private property owners of impervious surfaces ≥2 acres will also be have requirements under the new program. New projects and redevelopments will have to meet statewide requirements and implement stormwater Best Management Practices (BMPs) capable of reducing phosphorus. Existing properties will be given 10 years to retrofit their properties to meet the phosphorus reduction requirement. TMDL areas include the Charles River watershed (with a 65% phosphorus reduction requirement) and a number of lake watersheds across the state.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Incorporating Stormwater into TMDL – Recent EPA Guidance

Stormwater discharges can contribute to the impairments to lakes and rivers. Once a waterbody is listed as impaired (i.e., identified in State 304(d) list), States are required to develop a Total Maximum Daily Load analysis (“TDML study”) to determine the maximum load of the pollutant to the waterbody which will still result in the water body meeting it water quality standards. Nonpoint pollution sources, such as stormwater discharges, are one element of this analysis. The point sources, which are primarily NPDES permitted discharges of wastewater are the second element of this analysis.

Stormwater sources which are regulated under NPDES permits require special consideration. Although generally considered part of the nonpoint pollution source category, they are also subject to the requirements of an NPDES permit.

On November 17, 2008, US EPA made available a DRAFT guidance document “TMDLs to Stormwater Permits”. EPA developed this handbook to address challenges that are unique to TMDL development and implementation involving permitted stormwater discharges from municipal separate storm sewer systems (MS4s), industrial facilities, and construction activities. The 211-page handbook is intended for federal and state TMDL writers and NPDES stormwater permit writers responsible for addressing waterbodies impaired by discharges from stormwater sources.

The draft handbook provides:

• General regulatory information on stormwater NPDES permits and TMDLs
• Discussion of opportunities to coordinate TMDLs and stormwater permits
• Guidance on evaluating stormwater contributions to impairments
• Guidance on development of TMDLs with significant stormwater sources
• Guidance on implementing coordinated TDML and stormwater permit programs
  
  

The handbook also includes excerpts from regulatory programs from ten different States that relate to the coordination between TMDL and stormwater permitting programs.

The draft handbook was released for public review and comments. Interested parties can submit comments on the handbook until February 17, 2009.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Mercury Controls - Requiring Air Emission Controls to Reduce Mercury in Water

The New England Interstate Water Pollution Control Commission has petitioned that EPA regarding Section 319(g) of the Clean Water Act, which requires controls on air emissions of mercury. EPA is being asked to bring together a management conference with eleven States that contribute much of the mercury emissions that end up in water bodies in the Northeast.
The EPA approved a Northeastern regional mercury TMDL last year that the States beleive can only can be achieved through stricter federal air emission controls on mercury. Under Section 319(g) of the Clean Water Act, States can petition the EPA to bring together "a management conference of all states which contribute significant pollution resulting from nonpoint sources,".

The petition prepared by the New England Interstate Water Pollution Control Commission says that Pennsylvania, Virginia, New Jersey, Ohio, West Virginia, Maryland, Michigan, Indiana, Kentucky, North Carolina and Illinois each contribute significant nonpoint source mercury pollution that prevent them from meeting their to reduce mercury in water and fish.

Most stormwater discharge permits include requirements for impaired waters - both with and without approved TMDLs. However, in the future air permits may also include similar provisions under the petition.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website