Posts Tagged ‘Antidegradation’

Revised Texas Stormwater Permit Summary – Industrial Stormwater Discharge Rule

Monday, February 29th, 2016

The Texas Commission on Environmental Quality (TCEQ) has proposed to revise the current TPDES Multi Sector General Permit (MSGP) TXR050000, issued August 14, 2011 and expires on August 14, 2016. This permit authorizes the discharge of stormwater associated with industrial activity. The revised draft MSGP specifies which facilities must obtain permit coverage, which are eligible for exclusion from permit requirements, which may be automatically authorized, and which may be required to obtain individual permit coverage.

The principal changes to the existing MSGP include:

A. Changed the Standard Industrial Classification (SIC) code and sector format in Part II Section A to clarify what facilities are regulated under the general permit by adding more details to the existing SIC codes and industrial activity descriptions.

B. Added narrative and numeric effluent limitations guidelines under Part V, Sector S (Air Transportation) to include deicing requirements based on final federal Effluent Limitation Guidelines at 40 Code of Federal Regulations (CFR) Part 449 for airport and airplane deicing operations.

C. Changes to benchmark values and sampling:

  •  Lowered Ammonia Nitrogen value from 2.5 milligrams per Liter (mg/L) to 1.7 mg/L.
  •  Lowered Total Suspended Solids (TSS) values from 100 mg/L to 50 mg/L for sector A (SIC codes 2426 – 2499), sector C (SIC codes 2873 – 2879), sector F (SIC codes 3321 -3325), and sector H (SIC codes 1221 – 1241).
  • Lowered Biochemical Oxygen Demand (BOD) values from 30 mg/L to 20 mg/L for Sector T (Activity code TW)
  • Added language to Part IV, Section B.1.(a) clarifying the sampling requirements for the waiver option for benchmark sampling during Years 3 and 4. If sampling during Years 1 and 2 demonstrates that the annual average result for all benchmark parameters is below the benchmark level for the regulated sector, then permitees can waiver out of sampling for Years 3 and 4.

D. Added SIC code 7699 (Ship scaling services not done at a ship yard; Motorboat repair and maintenance services) to Sector R (Ship and Boat Building or Repairing Yards) .

E. Clarified permit language in Part V, Sector P (Land Transportation and Warehousing) and Sector I (Oil and Gas Extraction Facilities)

G. Clarified permit language in Part II, Section C.1(a) for above ground storage tanks (ASTs) requirements.

H. Added language to Part III, Section D.1 (c) to clarify how permittees should document zero rainfall totals, or no rain for sampling requirements.

I. Added clarification to the section “Impaired Water Bodies and Total Maximum Daily Load Requirements” to address when discharges are considered discharging to an impaired water body.

Caltha LLP provides technical support to Texas facilities to comply with State general stormwater discharge permit, and other regulatory compliance issues.

Updated Great Lakes Restoration Initiative Action Plan Public Comment Meetings

Wednesday, May 15th, 2013

The Great Lakes Interagency Task Force has scheduled meetings for the public to provide input to a planned update of the Great Lakes Restoration Initiative Action Plan.

The updated Action Plan would direct Great Lakes restoration for fiscal years 2015-2019. The public may comment directly to the federal agencies and to the Great Lakes Advisory Board (GLAB), a panel of experts established to provide recommendations to the federal agencies. Comments may be given at any of the following scheduled meetings:

•May 21-22 – Great Lakes Advisory Board Inaugural Meeting & Public Comment to GLAB
•May 23 – Webinar
•May 28 – Buffalo, New York.
•May 30 – Milwaukee, Wisconsin.
•June 3 – Webinar
•June 5 – Cleveland, Ohio.

In February 2010, the Task Force released the GLRI Action Plan for FY2010-2014. The Action Plan identified goals, objectives, measurable ecological targets, and specific actions to help rehabilitate the Great Lakes. The Action Plan targets investments to reduce toxic contamination, rehabilitate fish and wildlife habitat, improve nearshore health, reduce nutrients and other land-based pollution, prevent invasive species, and promote accountability, education, and collaboration.

Approval Of Pennsylvania 2012 Impaired Waters List

Wednesday, May 15th, 2013

The U.S. Environmental Protection Agency has approved Pennsylvania’s 2012 final list of impaired waters. The list is part of a bi-annual monitoring and assessment report characterizing the condition of Pennsylvania’s surface waters.

The 2012 list submitted by the Pennsylvania Department of Environmental Protection (PADEP) contains 7,009 impaired waters, of which 263 are newly listed including portions of Buffalo Creek and Plum Creek in the Upper Juniata watershed. The list also includes more than 650 stream miles within the Susquehanna River Basin that were added or updated in the 2012 list. The new list removes 39 water bodies that were on the previous list including over 96 miles in the Upper Susquehanna-Lackawanna basin and 27 miles of the Lehigh River.
The final report includes a change in the designation for a nearly 100-mile section of the main stem of the Susquehanna River from “unimpaired” for aquatic life and recreational uses, to having insufficient water quality data to make an impairment determination. That change from the draft to the final report reflects comments submitted to PADEP from EPA and others, as well as ongoing efforts to identify the cause of health impacts to the Susquehanna’s smallmouth bass population.

PADEP initiated a special study of the fish health problem in 2012 and is continuing its data collection efforts in 2013 to further assess water quality in the Susquehanna River and its major tributaries, and identify the cause(s) for the decline in smallmouth bass. While these steps are underway, the Chesapeake Bay TMDL and accompanying Pennsylvania Watershed Implementation Plans require action to reduce nitrogen, phosphorus and sediment pollution within the Susquehanna watershed.

Final Iowa Impaired Waters List Approved By US EPA

Tuesday, April 30th, 2013

In an April 24, 2013 decision letter, US EPA has approved Iowa’s 2012 list of impaired waters requiring Total Maximum Daily Load (TMDL) calculations. The Iowa Department Natural Resources (IDNR) submitted its impaired waters list to EPA on April 1, 2013, for review and approval as required by the Clean Water Act.

In its decision, EPA approved the removal of 73 water bodies and the addition of 78 water bodies to the Iowa list of impaired waters. The action brings the total number of impaired waters on the state’s list to 479.

As background, a water body is placed on the impaired waters list when monitoring finds that pollutant levels prevent the lake, river, or stream from attaining its beneficial uses. A water body can be removed from the list if it meets its beneficial uses or if a pollution reduction plan (TMDL) for a water body is approved by EPA. Beneficial uses in Iowa include human recreation, water supply, and maintaining healthy aquatic life.

Waste Discharge Permit To Pennsylvania Designated Trout Stream

Wednesday, March 20th, 2013

Caltha LLP Project Summary

Project: Waste Discharge Permit To Pennsylvania Designated Trout Stream
Client: National manufacturer
Location(s): Pennsylvania

Key Elements: Preparation of waste discharge application; Preparation of public notice and local government notification

Overview: This project was to prepare application materials and other required submittals to apply for an NDPES discharge permit for discharge of industrial wastes to a designated cold water fishery in Pennsylvania. Work included sampling and analysis of wastewater discharges and a non-stormwater discharge survey to certify the elimination of all illicit discharges. Permit was issued for discharge which maintained quality of receiving water .

For more information on Caltha LLP services, go to the Caltha Contact Page

Revisions Proposed For Minnesota Water Quality Rules – Water Standards

Wednesday, March 13th, 2013

The Minnesota Pollution Control Agency is proposing to make some revisions to Minnesota Rules Chapters 7050, 7052 and 7053. The amendments proposed for this rulemaking are the result of the 2008 public review of Minnesota’s water quality standards. The scope of this rulemaking will address six areas of the water quality standards:

  1. River Eutrophication — numeric nutrient standards for rivers, streams, the Mississippi River pools and Lake Pepin.
  2. Total Suspended Solid (TSS) — replacement of the existing standard for water turbidity with more scientifically accurate, region-specific TSS standards.
  3. Human Health Methods — updates to the methods used for establishing the Class 2 chronic water quality standards to protect human health.
  4. Process for listing Class 2A waters as cold water communities/trout waters — refine the current basis for classifying Class 2A waters to also include biological information on the aquatic communities.
  5.  Class 3 Waters — update the basis for identifying Class 3 waters and remove the numeric standards.
  6. Other changes to use classifications — regular review and updates to Class 1 and Class 7 Limited Resource Value Waters.

The MPCA anticipates that rulemaking will proceed on the following schedule:

  • Public Informational meetings — Summer 2013
  • Publish Proposed Rules and Notice of Hearing — Fall 2013
  • Public Hearings — Winter 2013/2014
  • Rules effective — Spring 2014

Kentucky Proposes New Selenium Water Quality Criteria and Fish Tissue Standard

Wednesday, March 13th, 2013

The Kentucky Division of Water has been engaged in the triennial review of the state’s water quality standards since early 2012.  Recently, the agency asked the legislative committee that reviews agency regulations to defer consideration of the rules for another month while the agency takes comment on a change to the state’s standard for selenium.

The Kentucky had proposed regulations address a number of changes to the water quality standards and included proposed deletion of the acute water quality criterion for selenium.  The proposal to delete the acute standard was based on the Division’s findings that the current state standard, which was derived from USEPA guidance, was not based on sound science.  USEPA Region 4 commented on the proposed deletion and identified three options: (1) leave the current acute criterion in place and wait for release of any revisions to USEPA’s selenium criteria, (2) adopt the acute criterion from USEPA’s current national guidance, or (3) adopt an alternate criterion based on other scientifically defensible guidance.

In response, the Division conducted a survey of recent studies of selenium toxicity to aquatic species and determined that it was appropriate to develop state-specific water quality criteria for selenium.  The agency is proposing an acute criterion for warmwater aquatic habitat of 258 ug/L, with an alternate calculation option depending on the sulfate concentration that is present.  The proposed chronic criterion for warmwater aquatic habitat is 8.6 ug/g (dry weight) of whole fish tissue or 19.2 ug/g (dry weight) of fish egg/ovary tissue.  The analysis of fish tissue is triggered when the water column concentration of selenium exceeds 5.0 ug/L.  If the water column result is less than or equal to 5.0 ug/L, the water body is meeting is aquatic life uses.  If the water column result is greater than 5.0 ug/L, then the next step is to determine whether the site is attaining the fish tissue or egg/ovary tissue criterion.

Water Quality Standards Expert – Consultant For Ambient Water Quality Criteria and Application of Standards To Permit Limits

Saturday, March 9th, 2013

One of the specialty services Caltha LLP provides is in the area of aquatic toxicology, water quality standards, ambient water quality criteria, and application of Federal and State standards and criteria to individual dischargers or receiving waters. Our staff have prepared National Ambient Water Quality Criteria for US EPA in the past and today work with dischargers in many States to evaluate proposed and final State water quality standards. We have expertise in a wide range of chemicals, including metals, organic and inorganic industrial chemicals, pesticides and herbicides. We have also provided expert support in the assessment of nutrient criteria.

Caltha can provide the expertise needed to evaluate and understand the impacts of local, State and Federal rulemaking and provide technical support to dischargers, engineering consultants, and legal consultants. Caltha staff have provided expert testimony all levels, from local units of government to US EPA Science Advisory Panels. Caltha can augment your team with specialized expertise that is difficult to find elsewhere for:

  • Litigation
  • Contested case hearings
  • NPDES permit negotiation
  • Preparation of public comments
  • Testimony at public hearings
Caltha has provided technical support to address water quality standards in all States: [Click on a State to request information and options]

Alaska Water Quality Technical Support

Arkansas Water Quality Technical Support

California Water Quality Technical Support

Connecticut Water Quality Technical Support

Florida Water Quality Technical Support

Georgia Water Quality Technical Support

Illinois Water Quality Technical Support

Indiana Water Quality Technical Support

Iowa Water Quality Technical Support

Kansas Water Quality Technical Support

Kentucky Water Quality Technical Support

Louisiana Water Quality Technical Support

Maine Water Quality Technical Support

Massachusetts Water Quality Technical Support

Michigan Water Quality Technical Support

Minnesota Water Quality Technical Support

Mississippi Water Quality Technical Support

Nebraska Water Quality Technical Support

Nevada Water Quality Technical Support

New Jersey Water Quality Technical Support

New York Water Quality Technical Support

North Carolina Water Quality Technical Support

North Dakota Water Quality Technical Support

Ohio Water Quality Technical Support

Oklahoma Water Quality Technical Support

Oregon Water Quality Technical Support

Pennsylvania Water Quality Technical Support

South Carolina Water Quality Technical Support

South Dakota Water Quality Technical Support

Tennessee Water Quality Technical Support

Texas Water Quality Technical Support

Utah Water Quality Technical Support

Virginia Water Quality Technical Support

Washington Water Quality Technical Support

Wisconsin Water Quality Technical Support


Draft Antidegradation Requirements In Draft Wisconsin TMDL Development and Implementation Guide

Thursday, March 7th, 2013

The Wisconsin Department of Natural Resources has released its draft guidance document “TMDL Development and Implementation Guidance: Integrating the WPDES and Impaired Waters Programs” for a 21-day public comment period.

In addition to providing a framework for developing and implementing permit limits for discharges to 303d listed impaired waters, the draft guidance also addresses the WDNR approach to antidegradation requirements. Under the draft guidance, if the new TMDL-derived limit results in an increase in an effective existing limit in a permit, then an antidegradation evaluation is needed. These limitations are no different than other water quality-based effluent limitations with respect to antidegradation. For example, the initial imposition of a water quality-based effluent limit, which include TMDL-derived limits, does not require an antidegradation evaluation as long as the pollutant of concern was previously present in the discharge and the permittee is not proposing an increased load to the receiving water . According to the WDNR, possible exceptions include the initial imposition of a TMDL-derived limit for a discharge to Exceptional and Outstanding Resource Waters, for a bioaccumulative chemical of concern such as mercury when an increased discharge is proposed, and when a change in discharge location is proposed.

With a few exceptions, Wisconsin chapter NR 207 requires an antidegradation evaluation when a new or increased discharge is proposed. Therefore, an antidegradation evaluation is necessary before a TMDL-derived limit, which has been incorporated into a WPDES permit and has become effective, is increased or the TMDL-derived limit replaces a less restrictive effective effluent limit.

Aquatic Toxicology Consultant – Water Quality Consultant

Tuesday, January 15th, 2013

Caltha LLP provides expert consultant and technical support to private and public sector clients around the US relating to aquatic toxicology, water quality, water quality standards and state and federal rules. Caltha staff have the past experience preparing Federal water quality standards, ambient water quality criteria, aquatic life benchmarks, and provide ad hoc technical support to the regulated community. Caltha also provides specialized technical support to project teams needing this expertise. Caltha staff have provided specialized technical support for projects in all States.

Typical services Caltha provides relating to aquatic toxicology, water quality, and water standards and rules include:

  • Wastewater permitting support
  • Techncial support to industry sector organizations
  • Review and preparation of technical comments on proposed State and Federal Rules
  • Public testimony
  • Water quality data summaries and review
  • Technical review of proposed water quality standards
  • Water quality monitoring studies
  • Impaired waters designation review
  • Antidegradation review – compliance with antidegradation demonstration requirements
  • Site-specific water quality standards