Tuesday, December 14, 2010

Aquatic Life Screening Value ALSV Methodology Assessment Proposed

US EPA is currently evaluating potential methods to derive “Aquatic Life Screening Value” ALSV, that could be used by EPA, States and Tribes to set water quality standards or used in ecological risk assessments. EPA has developed a set of draft white papers that explore: (1) the use of various tools to estimate aquatic toxicity data; (2) approaches for deriving community level benchmarks; and (3) procedures for better integrating plant effects data into community level assessments. A stakeholders meeting was held December 1, 2010, and the agency is accepting written comments on their proposed evaluation through January 15, 2011.

In order to characterize potential adverse effects of chemicals in the aquatic environment, the EPA, States an Tribes currently use available toxicity data from studies involving individual test species, which serve as surrogates for untested species. These data are collected for individual organisms exposed to chemicals and are then frequently extended to represent effects to populations of the same species, populations of similar genera/taxa, or to aquatic ecosystems. In many cases, the number of acceptable studies is very limited.

The goal of EPA’s current proposal is to examine how limited test results can best be used to characterize adverse effects on aquatic life, especially related to methods used by the Office of Pesticide Programs (OPP) and the Office of Water (OW). A portion of this work will address the derivation of an “Aquatic Life Screening Value” may be used to screen concentrations of pesticides and effluents in ambient waters. According to EPA, the ALSV might also be used by States and Tribes in the development of water quality standards.

EPA has proposed analyses to be conducted in order to determine the utility of specific methods to meet the mandates of the Clean Water Act (CWA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). After the analysis of available tools and methods, the agency’s conceptual approach will be to refine and finalize specific methods and considerations for deriving ALSVs for chemicals.

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

Monday, December 13, 2010

Comments On Vessel General Permit Requested

U.S. Environmental Protection Agency (EPA) has scheduled a session to request input on suggested improvements for the next Vessel General Permit (VGP). The VGP is a General National Pollutant Discharge Elimination System (NPDES) permit that regulates discharges incidental to the normal operation of certain vessels. EPA is seeking public comment on requirements currently contained in the 2008 VGP, which expires in 2013, and any changes or additions recommended for the next permit.

The listening session will be held on December 15, 2010 at EPA Headquarters, Washington, D.C. EPA will accept written comments and relevant information for developing the next permit until December 31, 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

Sunday, December 5, 2010

ADEQ Proposed General Permit For Pesticide Application

The Arizona Department of Environmental Quality (ADEQ) released a proposed general permit applicable to point source discharges of pesticides to the waters of the State (Permit No. AZG2011-001). This permit applies to pesticide application on or near surface waters in Arizona. The draft permit includes numerous requirements to be completed before, during and after pesticide applications.

Read a summary of the proposed ADEQ general permit for application of pesticides


EPA requires all States that are authorized to issue NPDES permits, including Arizona, to issue permits for pesticide applications. Most States have elected to prepare a general permit format.

Link to additional information on pesticide application permits


Coverage under the draft general permit will be available for pesticide application operators. An operator generally includes both (1) the entity with control over the financing for, or the decision to perform pesticide applications and (2) the entity with day-to-day operational control of or who performs activities (e.g., the application of pesticides) that are necessary to ensure compliance with the permit. More than one operator may be responsible for compliance with this permit for any single discharge from the application of pesticides.

The permit will be available to operators who apply either biological pesticides or chemical pesticides, when the pesticide application falls within specified pesticide use patterns.

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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Saturday, December 4, 2010

Annual Treatment Area Thresholds In Proposed ADEQ Pesticide Application Permit

In December 2010, the Arizona Department of Environmental Quality (ADEQ) released a proposed general permit applicable to point source discharges of pesticides to the waters of the State (Permit No. AZG2011-001). This permit applies to pesticide application on or near surface waters in Arizona.

Read a summary of the proposed ADEQ general permit for application of pesticides


Read background on pesticide permitting requirements


Operators required to submit an NOI that meet or exceed the annual threshold(s) must comply with the Integrated Pest Management (IPM) Practices listed in the permit. In addition, operators that exceed annual thresholds also prepare and implement a Pesticide Discharge Management Plan (PDMP).

The Annual Treatment Area Thresholds proposed by ADEQ in the draft permit are:

Mosquitoes and Other Flying Insect Pests: 640 acres of treatment area

Aquatic Weed and Algae Control:

In Water: 20 acres of treatment area

At Water’s Edge: 20 linear miles of treatment area at water’s edge

Aquatic Nuisance Animal Control:

In Water: 20 acres of treatment area

At Water’s Edge: 20 linear miles of treatment area at water’s edge

Forest Canopy Pest Control: 640 acres of treatment area

Discharges to impaired waters or Outstanding Arizona Waters: Any amount




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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Texas TCEQ Ordered To Issue Backlogged NPDES Permits

Environmental Protection Agency (EPA) has requested the Texas Commission on Environmental Quality (TCEQ) take the necessary steps to reissue Clean Water Act discharge permits to sewage treatment plants and industrial facilities in Texas.

TCEQ has a significant number of draft Clean Water Act discharge permits that not been issued pending resolution of various concerns raised by EPA. Of the 80 discharge permits of concern, a large number of these draft permits have been delayed due to issues regarding the toxicity of the discharges. In some cases, EPA has expressed concern that expired permits continue to authorize toxic discharges.

To ensure that TCEQ’s and EPA’s legal requirements and program commitments continue to be met, EPA has requested that TCEQ issue the overdue discharge permits within six months.


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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Monday, November 29, 2010

New Antidegradation Requirements In Proposed Wisconsin Stormwater Permits

The Wisconsin Department of Natural Resources (WDNR) has published four of its proposed reissued general permits for storm water discharges. To review a summary of each of the permit, click on the links below:

Tier 1 Industrial Facilities (Permit No. S067849-3);
Tier 2 Industrial Facilities (Permit No. S067857-3);
Recycling of Scrap and Waste Materials (Permit No. S058831-2); and
Dismantling of Vehicles for Parts Selling and Salvage (Permit No. S059145-2).


Some of the key changes reflected in WDNR’s proposed permits compared to the expired permits involve additional requirements placed on facilities that discharge to certain types of water bodies, especially in reference to Wisconsin's antidegradation policy. Some of the key changes are:

Discharges To Outstanding and Exceptional Resource Waters. A facility covered under the permit may not create a new storm water discharge to an Outstanding Resource Water (ORW) or an Exceptional Resource Water (ERW) unless the facility’s storm water pollution prevention plan (SWPPP) is updated to prevent the discharge of pollutants above background levels within the water body.
What are Wisconsin Outstanding Resource Water (ORW) or an Exceptional Resource Water (ERW)?

WDNR defines “new storm water discharge” as a discharge that did not exist before the start date of permit coverage. A new discharge does not include an increase in a storm water discharge to a water body to which the facility discharged on or before permit coverage started.
If a facility has an existing storm water discharge to an ERW, it may not increase the discharge of pollutants that results in a violation of water quality standards. If a facility has an existing storm water discharge to an ORW, it may increase the discharge of pollutants provided that: 1) the pollutant concentration within the receiving water would not increase; and 2) the increased discharge would not result in a violation of any water quality standard.

Discharges To Impaired Water Bodies and Total Maximum Daily Load Requirements: If a facility discharges a pollutant of concern to a listed impaired water body, the pollutant levels in the discharge need to be reduced as much as possible as part of an overall state effort to reduce the pollutant loading to impaired water bodies. The proposed permit requires that an annual check be conducted to determine if the facility discharges listed impaired water body, and to update their SWPPP to reduce the pollutant of concern

Federal law prohibits the issuance of a WPDES permit to a new source or new discharger that will contribute to a violation of a water quality standard in a listed impaired water. For a new facility requesting coverage under the general permit, the DNR will evaluate the proposed new pollutant discharge and receiving water to determine if the above requirement can be met.
The proposed permit also requires that facilities conduct an annual check to determine whether the facility discharges storm water runoff to a water body that has an EPA approved TMDL allocation, and to determine if additional storm water control measures are necessary.

Discharges To Fish and Aquatic Life Waters: Under the general permit, a facility must determine whether its discharges storm water to a fish and aquatic life water as defined in Wisconsin Rules. Most receiving waters in Wisconsin are classified as a fish and aquatic life waters. A facility can not create a new storm water discharge to a fish and aquatic life water unless the storm water pollution prevention plan is designed to prevent the significant lowering of water quality.
What are Wisconsin Fish and Aquatic Life Waters?

Compliance with Runoff Management Performance Standards: Wisconsin Rules specifies post-construction performance standards for new development and redevelopment. A newly constructed or redeveloped industrial facility that is required to meet the post-construction performance standards must describe in its SWPPP the BMPs necessary to maintain compliance with the applicable performance standards.

Discharges To The Great Lakes & Tributaries: Under the proposed permit, discharge of persistent, bioaccumulating toxic (PBT) substances to the Great Lakes waters or their tributaries, must be limited to the maximum extent practicable.



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


Monday, November 22, 2010

Quarry and Mine General Permit Revised By Iowa DNR

The Iowa Department of Natural Resources has scheduled a public meeting on November 30, 2010 to discuss proposed new rules for quarry and mine owners and operators. IDNR will explain changes in the draft permit that applies to these operations and seek comments on the rule change. The revised draft general permit will require operators to consider methods that would reduce water quality impacts. It also clarifies the duties of mine and quarry operators.

The changes are proposed for wastewater discharges from mining and processing facilities that currently need an IDNR General Permit Number 5. The updated rules will keep mines and quarries in compliance with state water quality standards.

Most currently permitted facilities are eligible to use the general permit. However, they will have to submit results from water sample tests on sulfate in the future. The DNR may require an individual permit for facilities with high sulfate levels and those with new or expanded discharges to Outstanding Iowa Waters. The proposed changes would become effective in July 2011.

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

Monday, November 15, 2010

Final Nutrient Standards For Florida Inland Waters

U.S. Environmental Protection Agency (EPA) has finalized nutrient water quality standards for Florida surface waters. The final standards set numeric limits on the amount of nutrient discharges allowed in Florida’s lakes, rivers, streams and springs. These new standards will become effective in 15 months, allowing cities, towns, businesses, other stakeholders and the state of Florida an opportunity to review the standards and develop strategies for implementation.

During the 15-month period before the numeric standards take effect, EPA will work with the state to determine the next steps to achieve the objectives of the standards. The standards reflect conditions in five different watershed regions and allow for case-by-case adjustments based on local environmental factors while maintaining water quality. Governments or other dischargers can seek special consideration in cases where the state and local communities have extensively assessed water bodies and effective measures are in place to reduce nutrient pollution.

As background, the Florida Wildlife Federation filed a 2008 lawsuit against EPA, resulting in a finding in January 2009 that under the Clean Water Act nutrient standards are necessary for Florida. The resulting settlement, reflected in a consent decree entered in August 2009, required EPA to adopt numeric nutrient standards by November 2010. The final rule complies with this consent decree. Under the decree, EPA is required to issue additional standards for Florida’s coastal waters by August 2012 and anticipates submitting the underlying science for these standards to its independent Science Advisory Board for peer review in the near future.

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

Sunday, November 7, 2010

Denial of Permit Waiver Application For City WWTP

EPA is proposing a draft decision to deny the extension of a waiver of Clean Water Act requirements that has allowed the City of Gloucester to discharge wastewater receiving only primary treatment from its wastewater treatment facility into Massachusetts Bay. The reason for the waiver denial is a failure to meet the current permit limits, including whole effluent toxicity (WET), oil and grease, and fecal coliform bacteria. EPA is releasing for public review and comment the draft intention to deny this waiver request and issue a permit with secondary treatment-based limits, and will accept comments on Dec. 4, 2010.

Gloucester has applied to EPA for reissuance of a waiver of Clean Water Act secondary treatment requirements, which would authorize continued discharge or primary effluent from the Gloucester Water Pollution Control Facility to Massachusetts Bay. Gloucester is the only major discharger in Massachusetts that currently holds such a waiver. The Gloucester discharge is to Massachusetts Bay, within the North Shore Ocean Sanctuary, as established by the Massachusetts Ocean Sanctuaries Act. The Commonwealth has designated the water as “Class SA,” the highest of the three marine water quality classifications.

The current permit has been in effect since 2001. The upgrade from primary to secondary treatment at the Gloucester Water Pollution Control Facility will require extensive planning and design, and will also require the commitment of significant financial resources. EPA and the Massachusetts Department of Environmental Protection (MassDEP) are moving forward with the new draft permit recognizing that it will need to establish a reasonable compliance schedule for the treatment plant upgrade.

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

Thursday, November 4, 2010

Additional Testing For BPA Proposed

US EPA has announced that it intends to develop an advance notice of proposed rulemaking (ANPRM) to request comment on requiring toxicity testing to determine the potential for Bisphenol A (BPA) to cause endocrine-related adverse effects in environmental organisms at low concentrations. The ANPRM will also seek comment on requiring sampling and monitoring of surface water, ground water, drinking water, soil, sediment, sludge, and landfill leachate in the vicinity of expected BPA releases to determine whether potentially sensitive organisms may currently be exposed to concentrations of BPA in the environment that are at or above levels of concern for adverse effects, including endocrine-related effects.

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


Thursday, September 30, 2010

Aquatic Life Benchmark for Conductivity

The Science Advisory Board (SAB) has released their first draft review of EPA’s research into the water quality impacts of valley fills associated with mountaintop mining, and their Aquatic Life Benchmark for conductivity.

The SAB reviewed EPA’s draft report “A Field-Based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams,” which uses field data to derive an aquatic life benchmark for conductivity. The benchmark is intended to protect 95% of aquatic species in streams in the Appalachian region influenced by mountaintop mining and valley fills. To protect water quality, EPA has identified a range of conductivity (a measure of the level of salt in the water) of 300 to 500 microSiemens per centimeter (uS/cm) that is generally consistent with protecting life in Appalachian streams. The maximum benchmark conductivity of 500 uS/cm is roughly five times above normal levels.

In their draft review, the SAB supports EPA’s scientific research and agrees with EPA’s conclusion that valley fills are associated with increased levels of conductivity in downstream waters, and that these increased levels of conductivity threaten stream life in surface waters. Following the completion of the external peer review and review of public comments, the report will be revised and published as a final report.


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

Wednesday, September 29, 2010

Increase Proposed For California Water Discharge Permits

The California State Water Resources Control Board is considering emergency measures that will result in a significant increase the fees charged to stormwater permittees and other permittees holding NPDES discharge permits.

According to the State Board, the increase is needed to respond to both reductions in revenue generated and increased program costs. The shortfall in revenue is a result of under-collection of revenue in the Surface Water Ambient Monitoring Program (SWAMP) in FY 2009-10 and a substantial drop in enrollment under the State Water Board’s recently adopted storm water construction permit. In July 2009, the State Water Board adopted Order 2009-0009-DWQ requiring storm water construction dischargers to enroll in a new storm water construction permit by July 1, 2010. Approximately 64 % of previous storm water construction permit holders did not renew their permits by the deadline and have been terminated from coverage. Many of these permittees did not reenroll because of a decline in construction activity. At the same time, the downturn in the construction industry has resulted in a reduction of the number of new permits being issued.

During the same period, costs increased substantially due to a shift in funding for basin planning from General Fund support to fee support and a return to full payroll costs due to the discontinuance of the furlough program.

According to the State Board, the Storm Water program needs to generate an additional $4.4 million in revenue to meet the FY 2010-11 Budget, which translates to a 21.5 % increase to all Storm Water fee categories.

The NPDES program needs to generate an additional $6.4 million in revenue to meet the FY 2010-11 Budget. This translates to a 31.4 % increase to all NPDES fee categories.

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

Monday, September 27, 2010

Trash and Debris TMDL For Anacostia River

U.S. EPA, the District of Columbia, and the state of Maryland have announced a new Total Maximum Daily Load (TMDL) for trash in the Anacostia River, making the Anacostia the first interstate river in the nation with such a Clean Water Act (CWA) trash limit. Each year, hundreds of tons of trash and debris are illegally dumped or washed into the Anacostia with stormwater runoff. As a result, the District and Maryland have both included the Anacostia River on their respective lists of impaired waters due to excessive quantities of trash and debris.

To restore water quality, the TMDL requires capturing or removing more than 600 tons (1.2 million pounds) of trash from the watershed annually. The District Department of Environment and Maryland Department of Environment along with members of several non-governmental organizations worked collaboratively with EPA to develop this trash TMDL for the Anacostia River. The action contributes to the larger goals of the Trash Free Potomac Watershed Initiative which has been underway for the past five years.

To complement this TMDL, the EPA, as the permitting authority for the District, and the state of Maryland are developing storm sewer permits which will serve as key implementation tools requiring municipalities in the Anacostia watershed to achieve the trash reductions required in the TMDL. In addition, continued implementation of the Combined Sewer Overflow Long Term Control Plan for the District of Columbia supports achievement of the limits.

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

Friday, September 24, 2010

Draft Chesapeake Bay Total Maximum Daily Load, TMDL

The U.S. Environmental Protection Agency has released a draft Chesapeake Bay Total Maximum Daily Load (TMDL), designed to restore the Chesapeake Bay and its network of streams, creeks and rivers. The draft TMDL sets limits on the amount of nitrogen, phosphorus and sediment pollution discharged into the Bay and each of its tributaries by different types of pollution sources. It is designed to meet water quality standards that reflect a scientific assessment of the pollution reductions necessary to restore the health of the Bay ecosystem. The draft TMDL calls for 25% reductions in nitrogen and phosphorus and at least a 16% reduction in sediment. These reductions would be achieved by a combination of federal and state actions. The TMDL is designed to ensure that all pollution control measures to fully restore the Bay and its tidal rivers are in place by 2025, with 60% of the actions completed by 2017. The final TMDL will be established December 31.

On July 1, 2010, EPA set draft Bay-wide limits for nitrogen and phosphorus at 187.4 million and 12.5 million pounds per year, respectively, and on Aug. 13 set a range of allowable sediment pollution levels at between 6.1 and 6.7 billion pounds per year. These Bay-wide pollution limits were further divided by jurisdiction and major river basin based on modeling tools, monitoring data, peer-reviewed science, and close interaction with state partners.

The release of the draft TMDL begins a 45-day public comment period that will include 18 public meetings in all six watershed states (Virginia, Maryland, Pennsylvania, Delaware, New York and West Virginia) and the District of Columbia.

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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Thursday, September 23, 2010

New York Great Lakes Restoration Grants

U.S. Environmental Protection Agency has announced grants totaling $20 million in New York State under the Great Lakes Restoration initiative. The grant recipients include tribes, state and local agencies, non-profit organizations, and colleges and universities. Among the project funded in New York are:

Be Green in the Great Lakes. This project will encourage homeowners and land care providers to adopt organic land care practices that reduce water use and avoid the use of synthetic pesticides and fertilizers. New York State Department of Environmental Conservation (NYSDEC) will initiate an education and outreach program that will disseminate brochures and web content, hold training sessions, and introduce NYSDEC's "Be Green Organic Yards NY" program. Grant recipient is the NYSDEC. Grant amount is $315,223.

Buffalo River Area of Concern Habitat Restoration – Riverbend. This project will result in the design, implementation, and monitoring of a restoration project at the Riverbend site on the Buffalo River. This is a former industrial site and these efforts will help restore the area's natural habitat. The work will include 2,800 feet of river bank enhancement, plus 6.3 acres of floodplain habitat restoration. Tasks include river bank regrading to reduce soil erosion, planting native trees and shrubs, and removal of invasive plant species. Two years of vegetation surveys and monitoring will then occur. Grant recipient is the Buffalo Niagara Riverkeeper. Grant amount is $657,245.

St. Lawrence River Area of Concern and St. Lawrence River Sturgeon Restoration. The first project will focus on four beneficial use impairments (restrictions on fish and wildlife consumption, degradation of fish and wildlife populations, bird/animal deformities or reproductive problems, and loss of fish and wildlife habitat) in the St. Lawrence River, near Massena, NY. The project will monitor furbearers, turtles and birds, and conduct tissue analysis of wildlife to assist decision-makers considering restrictions on wildlife consumption. Grant amount is $1,229,415. The second project will advance efforts to restore Lake Sturgeon in the St. Lawrence River by investigating suitable spawning habitat, water quality, and causes of reproductive failure. Project amount is $723,107. Grant recipient is the St. Regis Mohawk Tribe.

Caltha LLP provides expert environmental 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

Tuesday, September 21, 2010

Michigan Great Lakes Restoration Initiative Grants

U.S. Environmental Protection will provide more than $2 million in grants to three southeast Michigan organizations under the Great Lakes Restoration Initiative. A total of 99 grants for an estimated $63 million are expected to be awarded in Michigan. Funded projects advance the goals and objectives of the Great Lakes Restoration Initiative Action Plan which released in February.

Southeast Michigan Council of Governments was awarded $500,000 for its "Restoring the Lake Erie Corridor Through Green Streets" program. The funds will pay for construction of bioswales, tree trenches and grow zones to manage road runoff; reduction of annual stormwater runoff volumes, sediment and nutrient loading by approximately 50 percent; development of a Great Lakes Green Streets Guidebook transferable to municipalities; and installation of Green Streets signage for public education benefits.

Michigan Department of Natural Resources and Environment will receive $1,028,548 for "Rapid Response to Invasive Species." This project will use the best known methods to eradicate and control several invasive aquatic plant species that harm the Great Lakes. The program will help direct future resources for invasive species control to the most cost-effective, strategic and highest threat locations.

Wayne State University was awarded $519,564 for "Verification of Ballast Water Treatment Technology." This project is designed to develop technology that will help assess the effectiveness and durability of shipboard ballast water treatment systems.

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

Sunday, September 12, 2010

Stream Flow Regulations in CT - DEP Final Rule

The Connecticut Department of Environmental Protection (DEP) has released final proposed stream flow regulations that respond to public comment on an initial draft. The final proposed stream flow regulations must be approved by the General Assembly’s Regulations Review Committee before they can take effect.

DEP proposed the stream flow regulations in response to requirements in legislation approved by the General Assembly and signed into law by the Governor in 2005 (PA 05-142). This law directed the agency to develop regulations that would expand the coverage of existing minimum stream flow standards to include all rivers and streams, rather than only those stocked with fish as was previously the case. It also directed DEP to develop standards that allowed the state to meet human needs for water while preserving and protecting aquatic life, fish and wildlife that are dependent on the flow of rivers and streams.

DEP issued draft proposed stream flow regulations on Oct. 13, 2009. The agency held two public information sessions on this draft, held a formal public hearing Jan. 2010 and accepted public comment. Based on public comment on the initial draft regulations, five themes were established to guide the development of the final proposed regulations. An overview of the most significant changes from the initial draft regulations in October 2009 shows that the final proposed regulations:

Double the timeframe for compliance, from 5 to 10 years, for rules governing releases from dams
• Simplify rules governing releases from dams
• Streamline requirements governing groundwater to focus on diversions that are determined to contribute to the low flow of rivers

The regulations establish four categories, or classes, of rivers and establish management standards for each category. The process for classifying streams includes public input and consultation with the Department of Public Health. The key considerations for determining the class appropriate to specific waters are detailed in the regulations. The categories of rivers and streams are:
Class 1 waters are considered “natural,” characterized as a resource having little current development in the watershed and having not been affected by the removal of water for human uses.
Class 2 waters are considered “near natural,” sharing many characteristics with Class 1 systems. The flow standards for this class, however, allow for some levels of human alteration.
Class 3 waters are defined as “working rivers,” where human uses may have an influence on steam flow patterns. These rivers and streams are expected to have adequate water resources available to support viable aquatic communities. Some changes in use may be necessary to restore flow patterns needed to ensure these conditions.
Class 4 waters are characterized as systems where past practices have resulted in a significant deviation from the natural stream flow pattern and restoring these rivers and streams to a natural condition would be impractical. In order to prevent additional water quantity degradation, the regulations now require the use of “best management practices” in the taking of water along Class 4 rivers.


In Class 1 waters, priority would be given to protecting the ecological health of a river or stream. In Class 4 waters, support of human activities would be weighted most heavily. In Class 2 and Class 3 waters, activities would strike a balance between ecological and human needs.

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.

Regulatory Briefings Archive

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Thursday, September 9, 2010

Pesticide Application Permit Public Hearings in Iowa

The Iowa Department of Natural Resources (DNR) has scheduled a series of public hearings to solicit input on a proposed NPDES General Permit for pesticide applications. Due to a federal court decision, persons who spray or apply pesticides to areas where the pesticide residues can end up in a water body will soon have to meet the requirements of a permit issued by the DNR.

The IDNR has scheduled hearings as follows:

• September 28, 2010, Atlantic, IA.
• September 29, 2010, Clear Lake, IA.
• September 30, 2010, Storm Lake, IA.
• October 5, 2010, Manchester, IA.
• October 6, 2010, Washington, IA.
• October 7, 2010, Des Moines, IA.


Any interested person can also submit written comments on the proposed rules on or before October 13, 2010.

The DNR intends to discuss the criteria in the draft permit that determine which pesticide applicators will be required to submit a notice of intent for coverage under the permit to the DNR in addition to their current duties as pesticide applicators. DNR also intends to discuss whether more or less pesticide application types should be covered under the permit, if the operator definition is clear and reasonable, and if the permit requirements are overly burdensome or unattainable.

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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Monday, September 6, 2010

Everglades Phosphorus Standard Amended Determination

U.S. Environmental Protection Agency (EPA) directed the state of Florida to take specific measures to restore water quality to levels that protect the Everglades. This action, known as an “Amended Determination,” complies with a decision by the U.S. District Court – Southern District of Florida following lawsuits by the Miccosukee Tribe of Indians and the Friends of the Everglades. The District Court’s April 14 decision directed EPA to give clear and comprehensive instructions to Florida by September 3, 2010.

As required by the court’s decision, EPA has notified Florida that water quality standards for phosphorus are not being achieved in all parts of the Everglades and that further reductions of phosphorus pollution are needed in the area south of Lake Okeechobee.

EPA has identified a set of actions and milestones needed to meet clean water standards in the Everglades including an expansion of marsh treatment areas that treat phosphorus in the runoff water before it is released to the Everglades. There are currently about 60,000 acres of these marsh treatment systems already in place or under construction. EPA’s actions call for another 42,000 acres of treatment area.

The Amended Determination addresses several actions which the State of Florida and the South Florida Water Management District will need to take, including to amend existing permits for the discharges to the Everglades.

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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Sunday, August 15, 2010

Suspended Solids Limits Proposed For Chesapeake Bay TMDL

EPA has announced plans to issue draft sediment limits as the next step in establishing the Watershed Implementation Plans (WIPs) for the Chesapeake Bay Total Maximum Daily Load (TMDL). The six watershed states and the District of Columbia are expected to use sediment limits, along with those previously issued for nitrogen and phosphorus, as the basis for completing WIPs detailing how they will further divide these limits among pollution sources, and what practices will be implemented to meet water quality standards.

An EPA analysis indicates the likelihood that measures to control and reduce nutrient pollution as outlined in these WIPs will also significantly reduce sediment runoff, achieving the annual sediment limits.

The first drafts of the WIPs are due to EPA by September 1. On September 24, EPA plans to issue a draft TMDL and open a 45-day public comment period, including 18 public meetings. The final WIPs are due November 29, and EPA will establish the final Bay TMDL by December 31.

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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Friday, July 23, 2010

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.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Monday, July 12, 2010

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

Thursday, July 8, 2010

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.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Thursday, July 1, 2010

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

Thursday, June 24, 2010

New Wisconsin Water Quality Rules Approved

The Wisconsin Natural Resources Board today approved a comprehensive strategy to improve the water quality of the State’s lakes, rivers and streams. The rules proposed by the DNR address phosphorous and other nutrient pollution as well as erosion and sedimentation that degrade water quality.

The rules approved by the board address both point and non-point sources of pollution, and establish a numerical water quality standards for phosphorous.

According to the WNDR, Wisconsin will also become the first state to put in place an adaptive management approach that promotes cooperation among point (end-of-pipe or stack) and non-point (run-off) pollution sources to find the most cost-effective means to reduce phosphorus and other pollutants.

These rules also address Wisconsin law that requires the WDNR to partner with the agriculture community and provide cost-sharing dollars. Under this provision, the DNR will provide up to 70% to share the farmers’ costs of implementing non-point pollution controls to meet the standards.

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

Tuesday, June 22, 2010

POTW Sanitary Sewer Collection System Proposed Rules

EPA has announced a proposed rulemaking outlining a broad-based regulatory framework for sanitary sewer collection systems under the NPDES program. The Agency is considering proposing standard permit conditions for inclusion in permits for publicly owned treatment works (POTWs) and municipal sanitary sewer collection systems.

The standard requirements are expected to address reporting, public notification, and recordkeeping requirements for sanitary sewer overflows (SSOs), capacity assurance, management, operation and maintenance requirements for municipal sanitary sewer collection systems; and a prohibition on SSOs. The Agency is also considering proposing a regulatory framework for applying NPDES permit conditions, including applicable standard permit conditions, to municipal satellite collection systems. Municipal satellite collection systems are sanitary sewers owned or operated by a municipality that conveys wastewater to a POTW operated by a different municipality.

EPA plans to hold public meeting on the proposed rulemaking in June and July 2010, and expected to publish a draft rule in September 2011.

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

Thursday, June 3, 2010

General Permit For Pesticide Applications Proposed

U.S. Environmental Protection Agency (EPA) has released a proposed new permit with requirements that would regulate the amount of pesticides discharged to Waters of the US. This proposed general permit is in response to an April 9, 2009 court decision that found that pesticide discharges to U.S. waters were pollutants, and therefore requiring an NPDES permit.

The proposed permit would require all operators to reduce pesticide discharges by using the lowest effective amount of pesticide, prevent leaks and spills, calibrate equipment and monitor for and report adverse incidents. Additional controls, such as integrated pest management practices, are built into the permit for operators who exceed an annual treatment area threshold.

EPA estimates that the pesticide general permit will affect approximately 35,000 pesticide applicators nationally. The agency’s draft permit covers the following pesticide uses:

  • mosquito and other flying insect pest control;
  • aquatic weed and algae control;
  • aquatic nuisance animal control; and
  • forest canopy pest control.

The general permit does not cover terrestrial applications to control pests on agricultural crops or forest floors. However, EPA is soliciting public comment on whether additional use patterns should be covered by this general permit.

The agency plans to finalize the permit in December 2010, and have it take effect April 9, 2011. Once finalized, the pesticide general permit will be used in states, territories, tribal lands, and federal facilities where EPA is the authorized permitting authority. In the remaining 44 states, states will issue the pesticide general permits. EPA has been working closely with these states to concurrently develop their permits.

EPA will hold three public meetings, a public hearing and a webcast on the draft general permit to present the proposed requirements of the permit, the basis for those requirements and to answer questions. EPA will accept written comments on the draft permit for 45 days after publication in the Federal Register.

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

Thursday, May 27, 2010

CAFO Permit Requirement - EPA Settlement Agreement

On May 25, 2010, environmental groups and the Environmental Protection Agency (EPA) signed a settlement agreement resolving their challenges filed in federal court to the 2008 Final Concentrated Animal Feeding Operations (CAFO) National Pollutant Discharge Elimination System (NPDES) Rule.

The settlement agreement requires EPA to issue a guidance document, no later than May 25, 2011, that specifies the kinds of operations and factual circumstances that EPA anticipates may trigger the duty for CAFOs to apply for NPDES permits. This guidance would be used to review and/or inspect existing unpermitted livestock facilities and determine whether they require a NPDES permit.

The settlement agreement also requires EPA to propose a rule to require all owners or operators of CAFOs to submit information to EPA, regardless of whether they discharge or propose to discharge. EPA is required to propose such a rule, receive public comment and take final action on the proposed rule by May 25, 2012.

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

Saturday, May 22, 2010

Antidegradation Implementation Procedure Training

The Iowa Department of Natural Resources (IDNR) has scheduled Antidegradation Implementation Procedure Training scheduled for Monday, June 28, 2010 in Johnston, Iowa.

Training is intended to provide a better understanding the new Antidegradation Implementation procedures. The training course will go through the new antidegradation implementation procedures, review the example alternative analysis previously released, and answer questions about how to conduct the alternative analysis.

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

Friday, May 21, 2010

Additonal No Discharge Areas Proposed For MA North Shore

EPA is considering a proposal from the Commonwealth of Massachusetts to designate the remaining coastal waters of the North Shore as a “No Discharge Area.” If approved, discharges of treated and untreated boat sewage would be prohibited within the town boundaries of Gloucester, Rockport, Essex, Ipswich, Rowley, Newbury, Newburyport, Salisbury, Amesbury, West Newbury, Merrimac, Groveland, North Andover, Haverhill, Methuen, and Lawrence.

The Massachusetts Coastal Zone Management (MA CZM) has petitioned EPA to approve the No Discharge designation, with the town’s concurrence. EPA has in turn published the request in the Federal Register and will accept public comments on the proposal for 30 days, ending on June 20, 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

Tuesday, May 18, 2010

Steam Electric Effluent Limitations Guidelines for Steam Electric Power Category

EPA is currently in the process of reviewing and revising technology-based effluent guidelines that apply to steam electric power plants.

The steam electric effluent guidelines apply to steam electric power plants using nuclear or fossil fuels, such as coal, oil and natural gas. In a study completed in 2009, EPA concluded that the current regulations, which were last updated in 1982, do not adequately address the pollutants being discharged and have not kept pace with changes that have occurred in the electric power industry. EPA has indicated that the rulemaking will address discharges from ash ponds and flue gas desulfurization (FGD) air pollution controls, as well as other power plant waste streams. Pollutants of concern include metals (e.g., mercury, arsenic and selenium), nutrients, and total dissolved solids. Timeline

The effort to review and revise the Steam Electric Effluent Limitations Guidelines began on December 2009, and EPA currently projects that the amended rules will be finalized in July 2012.

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

Monday, May 17, 2010

Residual Designation Authority - Application to Stormwater Discharges

Recently, industrial, commercial and municipal NPDES discharge permits have been required for dischargers in selected areas that have not previous been required to obtain such permits, under existing applicability requirements. This requirement has been in conjunction with impaired waters Total Maximum Daily Load (TMDL) studies, in which stormwater sources are a significant contributor to impairments. The basis for this extension of NPDES permit requirements has been based on the “Residual Designation Authority” given to US EPA under the Clean Water Act. The most recent examples of the use of the residual designation authority have been in Maine, Massachusetts, and Vermont.

Under the Clean Water Act “Residual Designation Authority” EPA can require permits from additional dischargers where a TMDL supports such a determination and where discharges are contributing to water quality violations. EPA’s residual designation authority is provided by Section 402(p)(2)(E) and (6) of the Clean Water Act (CWA) and promulgated by 40 CFR 122.26(a)(9)(i)(C) and (D). In Vermont and Maine, local organizations filed formal legal petitions with appropriate regulatory agencies seeking this extension on a watershed-wide basis. EPA has indicated that it intends to move forward with broader roll out to address the numerous waterways polluted as a result of stormwater runoff.

More information of stormwater permitting, stormwater regulation and compliance

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

Saturday, May 15, 2010

Boat No Discharge Area Proposed In Massachusetts

EPA is considering a proposal from the State of Massachusetts to designate the coastal waters of Pleasant Bay/Chatham Harbor as a “No Discharge Area.” If approved, discharges of treated and untreated boat sewage would be prohibited within the town boundaries. The proposed area is roughly 9,000 acres and is an Area of Critical Environment Concern (ACEC.)

The Massachusetts Coastal Zone Management (MA CZM) and the Pleasant Bay Resource Management Alliance has petitioned EPA to approve the No Discharge designation. Before EPA will endorse a No Discharge Area designation for any area, the applicant must demonstrate that there are enough “pumpout” facilities where boaters can get their sewage holding tanks pumped out. EPA has published the request in the Federal Register and will accept public comments on the proposal for 30 days, ending on June 7, 2010.

Other areas in New England already designated as No Discharge areas include:
  • All state marine waters of Connecticut, Rhode Island, and New Hampshire;
  • In Massachusetts: Harwich, Waquoit Bay, Nantucket Harbor, Wellfleet, Barnstable, and Buzzards Bay (including Wareham and Westport), Plymouth/ Duxbury/ Kingston area, Marshfield/ Scituate/ Cohasset, Salem Sound, Boston Harbor, Cape Cod Bay, and Revere/Saugus/Lynn/Nahant/Swampscott;
  • In Maine, Boothbay Harbor, Casco Bay, Kennebunk/Kennebunkport/Wells, Southern Mount Desert area and Camden/Rockport/Rockland

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

Monday, May 10, 2010

Minnesota PCA Triennial Review - 7050 and 7052

Every three years the federal Clean Water Act (CWA) requires states to obtain public comment on, and revise as needed, their water quality standards. The Minnesota Pollution Control Agency (MPCA) began the triennial review process in 2008 with proposed amendments to Minnesota Rules chapters 7050 and 7052. MPCA plans to complete the water quality standard amendments in 2011. The rule changes under consideration during this triennial review include the following:

1. Addition of eutrophication standards for river systems;
2. Modification of the existing turbidity standards;
3. Additions or revisions of numeric water quality standards for protection of aquatic life based on U. S. Environmental Protection Agency (EPA) 304(a) Ambient Water Quality Criteria for cadmium, copper, diazinon, and nonylphenol;
4. Re-evaluate the aquatic life standard for chloride;
5. MPCA-derived Class 2 water quality criteria for nitrate based on aquatic life toxicity;
6. Updates to human health-based water quality standards needed to maintain consistency with the Minnesota Department of Health’s Health Risk Limits in Minn. R. ch. 4717 (currently under revision) and EPA’s Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000);
7. Re-evaluate and update existing Class 3 (Industrial Consumption) and Class 4 (Agriculture and Wildlife) water use standards;
8. Potential water use classification changes for specific water bodies, including updating Class 2A trout waters and reviewing and adding Class 7 limited resources value waters; and
9. Minor administrative changes.

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

Tuesday, May 4, 2010

ADEQ Arizona De Minimis Discharge General Permit

The Arizona Department of Environmental Quality (ADEQ) has issued its revised a general permit for discharge of low volume, relatively pollutant-free water, known as De Minimis discharges, to surface water under the Arizona Pollutant Discharge Elimination System (AZPDES) program.

The De Minimis discharges covered under the permit must meet applicable surface water quality standards, are generally infrequent and must be managed to protect water quality and the environment. Examples include discharges from maintenance of potable water systems, well development and testing, street washing, and the drainage of dechlorinated water from swimming pools.

Under state and federal law, most discharges to waters of the U.S. on non-tribal lands in
Arizona must have coverage under an AZPDES permit. Using the De Minimis general permit, applicants significantly shorten the time necessary to obtain permit coverage. The permitting process also increases efficiency and consistency for ADEQ’s regulatory role. The revised general permit contains amendments based on stakeholder comments and public meetings.

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

Comparison Between NPDES Benchmarks and Effluent Limits

How are "benchmark values" in my NPDES permit different than my "effluent limits"?

Benchmark values differ from effluent limits. In a typical wastewater NPDES permit, limits may be specified for chemical parameters; if any of the limits are exceeded, it becomes a violation of the permit and may be subject to enforcement action.

Benchmark values, in the context of stormwater NPDES permits, are intended to provide a measurement of the effectiveness of the stormwater pollution prevention plan (SWPPP). Exceeding a benchmark does not directly result in a permit violation. However, permits typically require facilities to reevaluate their SWPPP and to take prompt corrective action after a benchmark value is exceeded. Failure to take prompt corrective action if a benchmark value is exceeded can be a permit violation and subject to enforcement action. Multiple exceedances of a benchmark could result in a State requiring that the facility apply for an individual stormwater discharge permit. In this case, legally enforceable stormwater discharge limits may be written into the permit.

Click here for more information on stormwater benchmarks

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

Tuesday, April 27, 2010

SWPPP Implemetation Training - May 19 - Plymouth, MN

SWPPP Implementation, Review & Amendment Training

Date: May 19, 2010
Time: 9 am to 11 am
Location: Plymouth, Minnesota
Cost: $125
(inquire about reduced cost for multiple attendees from same company)
Attendance is limited to individuals from permitted facilities; class size limited

This training is being provided to individuals who have responsibilities for managing implementation of the Stormwater Pollution Prevention Plan (SWPPP) for their permitted industrial facility. Topics include an overview of permit compliance requirements, documentation, annual review requirements and keeping SWPPP program up-to-date.

Training will also cover corrective action and evaluating benchmark monitoring results.

All attendees will receive a training certificate to document successful completion of training.

Why is SWPPP Implementation Training Needed?
Effective April 5, 2010, the Minnesota Pollution Control Agency (MPCA) requires specific training for certain staff at each facility permitted under the new General Permit for Industrial Stormwater Discharges.

Each facility must designate an individual responsible for implementation and management of the SWPPP program. These individuals are required under the permit to have specific training on SWPPP implementation, compliance, review and amendments.


To register, email contact information below to info@calthacompany.com
Name:
Company:
Phone:
Email:

Or call (763) 208-6430 to register or for more information


Additional SWPPP Implementation Training Sessions:
Preregister or get further information on SWPPP Implementation, Review & Amendment Training tentatively planned in July-September 2010 in:

Duluth, Minnesota
Rochester, Minnesota
Moorhead, Minnesota - scheduled June 3
Saint Cloud, Minnesota
Mankato, Minnesota - scheduled May 27

For more information or to be placed on pre-registration list for a session, email info@calthacompany.com


Also coming soon
Stormwater inspection training………….July-October 2010
Stormwater monitoring training………....January-March 2011

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

Monday, April 26, 2010

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Thursday, April 22, 2010

Court Decision On NPDES Permit Challenges After Public Comment Period

According to a decision by the Wisconsin Court of Appeals, the Wisconsin Department of Natural Resources (WDNR) must consider all challenges to newly issued wastewater discharge permits, even after public comment period has closed and the final permit drafted. Opponents of a permitted project can challenge the validity of any final permit term or condition, even if no related objection or question was raised during the public review and comment period.
On April 13, 2010, the Court of Appeals released its decision in the case in which five citizens and two environmental groups challenged WDNR handling of their petition for review of a specific WPDES wastewater discharge permit.

WDNR argued that to preserve the right to challenge the final permit’s mercury sampling requirements, the challengers needed to have raised that issue during the public review and comment period. Since the draft permit’s mercury sampling requirements were not challenged during the public process, WDNR believed it did not need to reconsider those requirements and address them, if necessary, prior to the issuance of the final permit. The Appeals Court rejected the WDNR argument, believing that it would penalize members of the public for their failure to participate earlier in the public review process and be inconsistent with the state’s goal of encouraging public involvement.

The Appeals Court found it was not enough that WDNR review WPDES applications against State regulations and other state water pollution laws; WDNR must also address every permit challenge that is based on specific elements of federal regulations, as well.

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



Sunday, April 18, 2010

Iowa Antidegradation Rule - Postponed Implementation

The revised Iowa DNR antidegradation rule was effective on February 17, 2010, but has not yet been submitted to the U.S. Environmental Protection Agency (EPA) for approval. The antidegradation rule states “all unapproved facility plans for new or expanded regulated activities…shall undergo an antidegradation review if degradation is likely in the receiving water or downstream waters following the effective date of the ‘Iowa Antidegradation Implementation Procedure.’”

However, IDNR has decided to begin implementation of the new antidegradation rule after the rule is approved by EPA. Any facility plan not approved by the date EPA approves the antidegradation rule must include an antidegradation analysis if the project would result in degradation. For activities that do not require a construction permit, a National Pollutant Discharge Elimination System (NPDES) permit application or amendment request an antidegradation analysis must be submitted if the activity would result in degradation and if the permit is not on public notice before the date EPA approves the antidegradation rule. According to IDNR, facility plans that have not been approved and NPDES permit applications or amendment requests that have not been placed on public notice will be considered to be incomplete and may be returned to the applicant for completion.

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