Performance Standards Under Clean Boating Act

The Clean Boating Act (Public Law 110-288) was signed by the President on July 29, 2008, and amended section 402 of the Clean Water Act (CWA) to exclude recreational vessels from National Pollutant Discharge Elimination System permitting requirements.

In addition, it added a new CWA section 312(o) directing EPA to develop regulations that identify the discharges incidental to the normal operation of recreational vessels (other than a discharge of sewage) for which it is reasonable and practicable to develop management practices to mitigate adverse impacts on waters of the United States. The regulations also need to include those management practices, including performance standards for each such practice. Following promulgation of the EPA performance standards, section 312(o) also directs the Coast Guard to promulgate regulations governing the design, construction, installation, and use of the management practices. Following promulgation of the Coast Guard regulations, the Clean Boating Act prohibits the operation of a recreational vessel or any discharge incidental to their normal operation in waters of the United States and waters of the contiguous zone (i.e., 12 miles into the ocean), unless the vessel owner or operator is using an applicable management practice meeting the EPA-developed performance standards.

EPA currently anticipates publishing draft performance standards in October 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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Great Lakes Compact - Proposed WDNR Water Use Rules

The Wisconsin Department of Natural Resources (WDNR) has proposed rules regarding Water Use Fees, Water Use Registration and Reporting, and Water Use Conservation and Efficiency. These rules are proposed as part of the State’s response to the Great Lakes Compact.

The first rule proposes water fees in a new chapter NR 850, and could affect surface water supply systems with the capacity to withdraw 100,000 gallons per day (“GPD”) or more.

The second rule contains new registration and reporting requirements. Proposed chapter NR 856 would require any system with the capacity to withdraw more than 100,000 GPD to register the withdrawal within six months of the rules effective date. If registration is required, then the facility would also be required to determine the monthly volume of water withdrawn, and will be required to file annual reports with DNR.

The third proposed rule addresses water conservation and use efficiency measures. Draft chapter NR 852 includes different conservation requirements applicable to three tiers of new or increased withdrawals. Tiers 1 and 2 apply to new and increased withdrawals from the Great Lakes Basin. Tier 3 includes new or increased diversions to a straddling community or county, new and increased intrabasin transfers, or new and increased withdrawals averaging more than 2,000,000 GPD.

The draft rules will be available for public comment until July 7, 2010. WDNR also expects to have additional related rules available for public comment in Fall 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.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

NPDES Electronic Reporting Rule Meeting

US EPA has scheduled a meeting to discuss the NPDES Electronic Reporting Rule.
With this rulemaking, EPA hopes to improve management and performance of the NPDES program by requiring electronic reporting of NPDES information from regulated facilities. This will reduce the burden for facilities to report to regulatory agencies and for states to report to EPA.

This meeting will be used to discuss electronic reporting alternatives for submission of NPDES information directly to states and/or EPA from permittees. Topics include the feasibility of requiring electronic reporting in areas such as electronic discharge monitoring reports (eDMRs), electronic notice of intent (eNOI), and electronic program reports. The purpose of this meeting is to give interested parties the opportunity to discuss the proposed rule and to provide feedback.

The meeting will be held on Tuesday, July 13, 2010 from 1 - 3 p.m. The meeting location is Room 1117A EPA East, 1201 Constitution Ave., NW., Washington, DC 20460.

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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Nitrogen and Phosphorus Allocations For Chesapeake Bay TMDL

EPA has announced draft allocations for nitrogen and phosphorus as part of its plan for meeting water quality standards in the Chesapeake Bay and its tidal tributaries, and restoring local rivers and streams throughout the 64,000-square-mile watershed.

EPA proposed watershed-wide limits of 187.4 million pounds of nitrogen and 12.5 million pounds of phosphorus annually, and divided those allocations among the six watershed states and the District of Columbia, as well as the major river. These loadings were determined using the best peer-reviewed science and through collaboration with the states and the District of Columbia. EPA will assign draft allocations for sediment August 15.

In addition, EPA is committing to reducing air deposition of nitrogen to the tidal waters of the Chesapeake Bay to 15.7 million pounds per year. The reductions will be achieved through implementation of federal air regulations over the coming years.

The jurisdictions are expected to use the allocations as the basis for completing Watershed Implementation Plans, detailing how they will further divide these allocations among pollution sources, and achieve the required reductions. The first drafts of those plans are due to EPA by September 1. The jurisdictions are expected to have all practices in place to meet the established limits by 2025, with 60 percent of the effort completed by 2017.

EPA plans to issue a draft Total Maximum Daily Load (TMDL) for a 45-day public comment period on September 24. The final Phase 1 Watershed Implementation Plans are due November 29, and EPA will establish the Bay TMDL by December 31.

In 2017, the jurisdictions are expected to submit updated implementation plans to ensure that all the control measures needed to meet Bay water quality standards will be in place by 2025.

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