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.

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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.

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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.

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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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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.

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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.

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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

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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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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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