Arkansas ADEQ Proposed Stormwater Permit Benchmarks

Note: This article has been updated:

Final Arkansas ADEQ Industrial Storm Water Permit

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The Arkansas Department of Environmental Quality (ADEQ) has proposed a revised industrial stormwater permit. The permit is open for public comment until May 11, 2009.

The proposed permit includes stormwater quality benchmarks which apply to all permitted facilities, and additional benchmarks that apply to specific industrial sectors (see below).
[Read more about stormwater benchmarks]
[Read more about how benchmarks compare to typical stormwater discharge quality]

Benchmarks being proposed were derived from a wide range of sources, including:

EPA Ambient Water Quality Criteria - Acute Values
EPA Ambient Water Quality Criteria - Chronic Values
EPA Ambient Water Quality Criteria - Lowest Observed Effect Levels (LOEL) Acute Values
EPA Ambient Water Quality Criteria - Human Health Criteria for Consumption of Water and Organisms.
North Carolina State Benchmark Values
Colorado State Water Quality Standards
National Urban Runoff Program (NURP) median concentration
Median concentration of Stormwater Effluent Limitation Guideline (40 CFR Part 419)
Laboratory derived Minimum Level (ML) and Method Detection Level (MDL).


The benchmarks being proposed under the ADEQ NPDES permit are:

All permitted facilities:

pH 6.0 - 9.0 s.u.
Chemical Oxygen Demand (COD) 120
Total Suspended Solids (TSS) 100
Oil & Grease 15

In addition to the above benchmarks, the following effluent characteristics must also be monitored for individual industrial sectors.

SECTOR A: TIMBER PRODUCTS
General Sawmills and Planing Mills (SIC 2421)
Total Zinc 0.6840 mg/L

Wood Preserving (SIC 2491)
Total Arsenic 0.16854 mg/L
Total Copper 0.0756 mg/L

SECTOR C: CHEMICALS AND ALLIED PRODUCTS
Agricultural Chemicals (SIC 2873-2879)
Nitrate plus Nitrite Nitrogen 0.68 mg/L
Phosphorus 2.0 mg/L
Total Lead 0.5188 mg/L
Total Iron 1.0 mg/L
Total Zinc 0.6840 mg/L

Industrial Inorganic Chemicals (SIC 2812-2819)
Total Aluminum 0.75 mg/L
Total Iron 1.0 mg/L
Nitrate plus Nitrite Nitrogen 0.68 mg/L

Soaps, Detergents, Cosmetics, and Perfumes (SIC 2841-2844)
Total Zinc 0.6840 mg/L
Nitrate plus Nitrite Nitrogen 0.68 mg/L

Plastics, Synthetics, and Resins (SIC 2821-2824)
Total Zinc 0.6840 mg/L

SECTOR E: GLASS, CLAY, CEMENT, CONCRETE, AND GYPSUM PRODUCTS
Clay Product Manufacturers (SIC 3251- 3259, 3261-3269)
Total Aluminum 0.75 mg/L

Concrete and Gypsum Product Manufacturers (SIC 3271-3275)
Total Iron 1.0 mg/L

SECTOR F: PRIMARY METALS
Steel Works, Blast Furnaces, and Rolling and Finishing Mills (SIC 3312-3317)
Total Zinc 0.6840 mg/L
Total Aluminum 0.75 mg/L

Iron and Steel Foundries (SIC 3321-3325)
Total Zinc 0.6840 mg/L
Total Aluminum 0.75 mg/L
Total Copper 0.0756 mg/L
Total Iron 1.0 mg/L

Rolling, Drawing, and Extruding of Nonferrous Metals (SIC 3351-3357)
Total Zinc 0.6840 mg/L
Total Copper 0.0756 mg/L

Nonferrous Foundries (SIC 3363-3369)
Total Zinc 0.6840 mg/L
Total Copper 0.0756 mg/L

SECTOR G: METAL MINING (ORE MINING AND DRESSING)
Active Copper Ore Mining and Dressing Facilities (SIC 1021)
Nitrate plus Nitrite Nitrogen 0.68 mg/L

Iron Ores; Copper Ores; Lead and Zinc Ores; Gold and Silver Ores; Ferroalloy Ores, Except Vanadium; and Miscellaneous Metal Ores (SIC Codes 1011, 1021, 1031, 1041, 1044, 1061,
1081, 1094, 1099)
Total Antimony 0.636 mg/L
Total Arsenic 0.16854 mg/ L
Total Beryllium 0.13 mg/L
Total Cadmium 0.0118 mg/L
Total Copper 0.0756 mg/L
Total Iron 1.0 mg/L
Total Lead 0.5188 mg/L
Total Mercury 0.0024 mg/L
Total Nickel 6.43 mg/L
Total Selenium 0.2385 mg/L
Total Silver 0.0107 mg/L
Total Zinc 0.6840 mg/L

SECTOR H: COAL MINES AND COAL MINING-RELATED FACILITIES
Coal Mines and Related Areas (SIC 1221-1241)
Total Aluminum 0.75 mg/L
Total Iron 1.0 mg/L

SECTOR J: MINERAL MINING AND DRESSING
Sand and Gravel Mining (SIC 1442, 1446)
Nitrate plus Nitrite Nitrogen 0.68 mg/L

SECTOR K: HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES
Ammonia 19 mg/L
Total Magnesium 0.0636 mg/L
Total Arsenic 0.15 mg/L
Total Cadmium 0.0118 mg/L
Total Cyanide 0.0636 mg/ L
Total Lead 0.5188 mg/L
Total Mercury 0.0024 mg/ L
Total Selenium 0.2385 mg/L
Total Silver 0.0107 mg/L

SECTOR L: LANDFILLS, LAND APPLICATION SITES, AND OPEN DUMPS
Total Iron 1.0 mg/L

SECTOR M: AUTOMOBILE SALVAGE YARDS
Automobile Salvage Yards (SIC 5015)
Total Aluminum 0.75 mg/L
Total Iron 1.0 mg/L
Total Lead 0.5188 mg/L

SECTOR N: SCRAP RECYCLING FACILITIES
Scrap Recycling and Waste Recycling Facilities (SIC 5093)
Total Aluminum 0.75 mg/L
Total Copper 0.0756 mg/L
Total Iron 1.0 mg/L
Total Lead 0.5188 mg/L
Total Zinc 0.6840 mg/L

SECTOR O: STEAM ELECTRIC GENERATING FACILITIES
Total Iron 1.0 mg/L

SECTOR Q: WATER TRANSPORTATION
Water Transportation Facilities (SIC 4412-4499)
Total Aluminum 0.75 mg/L
Total Iron 1.0 mg/L
Total Lead 0.5188 mg/L
Total Zinc 0.6840 mg/L

SECTOR S: AIR TRANSPORTATION FACILITIES
Airports (SIC 4512-4581).
Ammonia 19 mg/L

SECTOR U: FOOD AND KINDRED PRODUCTS
Fats and Oils Products (SIC 2074-2079)
Nitrate plus Nitrite Nitrogen 0.68 mg/L

SECTOR Y: RUBBER, MISCELLANEOUS PLASTIC PRODUCTS, AND MISCELLANEOUS MANUFACTURING INDUSTRIES
Rubber Products Manufacturing (SIC 3011, 3021, 3052, 3053, 3061, 3069)
Total Zinc 0.6840 mg/L


SECTOR AA: FABRICATED METAL PRODUCTS
Fabricated Metal Products, except Coating (SIC 3411-3499; 3911-3915)
Total Aluminum 0.75 mg/L
Total Iron 1.0 mg/L
Total Zinc 0.6840 mg/L
Nitrate plus Nitrite Nitrogen 0.68 mg/L

Fabricated Metal Coating and Engraving (SIC 3479)
Nitrate plus Nitrite Nitrogen 0.68 mg/L
Total Zinc 0.6840 mg/L

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, stormwater and wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

NPDES Permit Requirement For Pesticide Application - 2-Yr Stay Request

On April 9, 2009, the Department of Justice (DOJ) chose not to seek rehearing on an opinion issued by the U.S. Court of Appeals for the 6th Circuit in National Cotton Council v. EPA. DOJ instead filed a motion to stay the issuance of the Court’s mandate for two years. This time was requested to provide EPA time to develop, propose and issue a final NPDES general permit for pesticide applications, for States to develop permits, and to provide outreach and education to the regulated community.

Reversing EPA’s November 2006 Aquatics Pesticides rule, the 6th Circuit held that Clean Water Act permits are required for all biological pesticide applications and chemical pesticide applications that leave a residue in water when such applications are made in or over, including near, waters of the U.S. EPA estimates that the ruling will affect approximately 365,000 pesticide applicators that perform 5.6 million pesticide applications annually.

EPA has stated that it intends to work closely with states and the environmental and regulated communities in developing a general permit that is protective of the environment and public health.

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

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.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website