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.

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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.

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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.

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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

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