Draft Vessel Permits For Large & Small Commercial Vessels

U.S. Environmental Protection Agency (EPA) is issuing two draft vessel general permits that would regulate discharges from commercial vessels, excluding military and recreational vessels. The proposed permits are intended to protect the nation’s waters from ship-borne pollutants and reduce the risk of introduction of invasive species from ballast water discharges.

The draft Vessel General Permit, which covers commercial vessels greater than 79 feet in length, would replace the current 2008 Vessel General Permit, when it expires in December 2013. The new draft Small Vessel General Permit would cover vessels smaller than 79 feet in length and would provide such vessels with the Clean Water Act permit coverage they will be required to have as of December 2013.

Both permits will be subject to a 75-day public comment period. EPA intends to issue the final permits in November 2012 to allow vessel owners and operators time to prepare for new permit requirements.

Summary of Draft Vessel General Permit:
The updated permit would reduce the administrative burden for vessel owners and operators, eliminating duplicative reporting requirements, clarifying that electronic recordkeeping may be used instead of paper records, and streamlining self-inspection requirements for vessels that are out of service for extended periods. The permit would continue to regulate the 26 specific discharge categories that were contained in the 2008 permit and, for the first time, manage the discharge of fish hold effluent.

A key new provision of the permit is a proposed numeric standard to control the release of non-indigenous invasive species in ballast water discharges. The new ballast water discharge standard addressing invasive species is based upon results from independent EPA Science Advisory Board and National Research Council National Academy of Sciences studies. These limits are generally consistent with those contained in the International Maritime Organization’s 2004 Ballast Water Convention. The new standard is expected to substantially reduce the risk of introduction and establishment of non-indigenous invasive species in U.S. waters.

The draft Vessel General Permit also contains updated conditions for mechanical systems that may leak lubricants into the water and exhaust gas scrubber washwater, which would reduce the amount of oil and other pollutants that enter U.S. waters. EPA will take comment on potentially more stringent requirements for bilgewater discharges.

Summary of Draft Small Vessel General Permit:
This permit would be the first under the Clean Water Act to address discharges incidental to the normal operation of commercial vessels less than 79 feet in length. Recognizing that small commercial vessels are substantially different in how they operate than their larger counterparts, the draft Small Vessel General Permit is shorter and simpler. The draft permit specifies best management practices for several broad discharge management categories including fuel management, engine and oil control, solid and liquid maintenance, graywater management, fish hold effluent management and ballast water management, which consists of common sense management measures to reduce the risk of spreading invasive species. The permit would go into effect at the conclusion of a current moratorium enacted by Congress that exempts all incidental discharges from such vessels, with the exception of ballast water, from having to obtain a permit until December 18, 2013.

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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Streamflow Duration Assessment Method For Section 404 Compliance

Section 404 of the federal Clean Water Act and Oregon’s Removal-Fill Law require permits to protect water resources when someone plans to place soil, dredged or other material in regulated waters. The task of determining if a particular stream is protected under federal and state fill and disposal regulations has become a little easier. The new Streamflow Duration Assessment Method for Oregon will help natural resource professionals, consultants and regulators identify whether a fill or removal project with potential stream impacts must obtain permits.

This new method provides a consistent, repeatable and quick way to identify whether an Oregon stream is intermittent, perennial or ephemeral. Intermittent streams, which flow seasonally, and perennial streams, which flow continuously, are typically subject to both state and federal regulations. Ephemeral streams only flow after rainfall or during snowmelt, and under current agency practice are protected under the Clean Water Act if they have a significant effect on the integrity of larger downstream waters.

The tool was released in November after a two-year trial run. The method was tested and refined at over 170 sites in western and eastern Oregon during both the wet and dry seasons. The method proved accurate in many environments including natural, modified and braided channels. It is a scientific tool that is useful anytime the duration of streamflow must be determined, and may help identify other stream-related issues. Because of the demonstrated benefit in Oregon, the method is already being adapted for use in Idaho and Washington.

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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Arizona General Permit For Minor WWTP Discharges

The Arizona Department of Environmental Quality (ADEQ) has released a draft permit for minor wastewater treatment plants (WWTPs) (MWGP2011-001) for public comment. The comment period ends December 26, 2011. This permit is applicable only to secondary treated effluent discharges from domestic wastewater treatment facilities with a design flow of less than 1 million gallons per day (1 mgd). It is estimated that approximately 30 – 50 facilities in Arizona will fall into this category. The new permit will be issued for a 5 year term.

This general permit is applicable for discharges from facilities that meet the following conditions:
1) Domestic wastewater treatment plants with a design capacity of less than 1 million gallons per day ; and
2) Discharge treated wastewater to WUSs that have the designated uses of Partial-body contact (PBC) and Aquatic and wildlife effluent-dependent water (A&Wedw); or PBC and Aquatic and wildlife ephemeral (A&We) as per A.A.C. R18-11-104.D, Appendix B; the designated uses of Agricultural irrigation (AgI) and/or Agricultural livestock watering (AgL) may be included; and
3) The facility does not accept wastewater from significant industrial wastewater; and
4) The permit is applicable within the State of Arizona, except for Indian Country.

The permit includes technology-based limitations, requirements to comply with Numeric Water Quality Standards, Effluent Characterization (EC) Testing, and Whole Effluent Toxicity (WET) testing.

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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EPA Approves New Water Quality Standards For Chicago River System

The U.S. Environmental Protection Agency has approved the State of Illinois' new and revised water quality standards for five segments of the Chicago and Calumet Rivers. The approved standards apply to the North and South Branches of the Chicago River, the North Shore Channel, the Cal-Sag Channel and the Little Calumet River. EPA continues to review the other new and revised water quality standards that the State of Illinois has proposed for the Chicago Area Waterway System and the Lower Des Plaines River.

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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Effluent Limitations Guidelines and Standards For Coalbed Methane

EPA is considering an amendment to the oil and gas effluent guidelines that will establish requirements for discharges from the extraction of coalbed methane, a type of natural gas. Extraction of coalbed methane involves pumping out groundwater from underground coal formations.

Regulatory development will include a review of current treatment technologies, costs, economic impacts, and an environmental assessment in establishing effluent limitations guidelines and standards (ELGs) for the coalbed methane industry. Effluent limitations based on such ELGs would be incorporated into National Pollutant Discharge Elimination System (NPDES) permits and control mechanisms for discharges to Publicly Owned Treatment Works (POTWs).

EPA expects to publish draft effluent guidelines in June 2013.

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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Preliminary Review Of Florida Nutrient Criteria For Inland and Estuarine Waters

In a letter to Florida Department of Environmental Protection (FDEP) US EPA has provided a preliminary review of the FDEP draft rule on numeric nutrient criteria for inland and estuarine waters. Although EPA's final decision to approve or disapprove the nutrient criteria rule submitted by FDEP will follow the formal review of the rule and record under section 303(c) of the Clean Water Act (CWA), the early review led EPA to the preliminary conclusion that the agency would be able to approve the draft rule under the CWA.

The rulemaking package must undergo review and potential modification by the State's Environmental Review Commission (ERC) and Legislature. The preliminary conclusions from the review could change if modifications are made before and/or during the State ERC or legislative process, or if final review of the technical information and public comments identifies reasons why the final rule does not meet the requirements of the CWA.

If EPA formally approves FDEP's final nutrient criteria, EPA would initiate rulemaking to withdraw federal numeric nutrient criteria for any waters covered by the new and approved state water quality 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.

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EPA Effluent Guidelines Program Priorities Published

The U.S. Environmental Protection Agency (EPA) has announced its final 2010 Effluent Guidelines Program Plan (Plan), published at 76 Fed. Reg. 66286 (October 26, 2011) and has requested public review and comments.

EPA plans to develop effluent guidelines and standards for the discharge of wastewater from the Coalbed Methane Extraction (CBM) industry. It will also develop pretreatment requirements for discharges of mercury from the Dental industry, and for the discharges of wastewater from the Shale Gas Extraction (SGE) industry.

In addition, the EPA will initiate a preliminary category review for the cellulosic products segment of the Plastics Molding and Forming industrial category. EPA has also concluded that estimated toxic-weighted pollutant discharges of lead from the Pulp, Paper, and Paperboard industrial category need further investigation.

Finally, EPA identified the need for additional data review as part of the 2011 annual review for three industrial categories: Mineral Mining and Processing; Landfills; and Waste Combustors.

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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Rule Making On Definition of Waters of US Under Clean Water Act

The US Environmental Protection Agency (USEPA) has initiated rulemaking it hopes will provide better clarity for the scope of “waters of the US” regulated under the Clean Water Act (CWA). After U.S. Supreme Court decisions in SWANCC and Rapanos, the scope of "waters of the US" protected under all CWA programs has been an issue of considerable debate and uncertainty. The Act has a single definition for "waters of the United States." As a result, these decisions affect the geographic scope of all CWA programs.

EPA believes that SWANCC and Rapanos did not invalidate the current regulatory definition of "waters of the United States." However, the agency has stated that the decisions established important considerations for how those regulations should be interpreted, and experience implementing the regulations has identified several areas that could benefit from additional clarification through rulemaking. Therefore, EPA and the U.S. Army Corps of Engineers are developing a proposed rule for determining whether a waterway, water body, or wetland is protected by the Clean Water Act. Ideally, this rule would make clear which waterbodies are protected under the Clean Water Act.

EPA currently anticipates a formal Notice of Proposed Rule Making (NPRM) to be published in the Federal Register in January 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.

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Ohio EPA Revises Water Quality Trading Program For NPDES Permits

The Ohio Environmental Protection Agency (OEPA) has proposed changes to the rules that govern trading programs for wastewater discharge permits issued by the State. Ohio Administrative Code (OAC) 3745-5 provides the administrative requirements for the development and implementation of water quality trading programs in Ohio. Water quality trading is a voluntary program that allows a National Pollutant Discharge Elimination System (NPDES) permit holder (point source) to meet its regulatory obligations by using pollutant reductions generated by another wastewater point source or non-point source.

Ohio EPA is required to review its rules every five years to determine if the rules need revisited. State law and the federal Clean Water Act require Ohio EPA to periodically update rules to reflect the latest scientific information.

A majority of the revisions consist of minor updates to references and grammatical edits. In addition, the following specific changes are being considered:

Rule 03 – Revising rule to state that use of a water quality credit shall not cause or contribute to a violation of water quality standards. Adding provision that nonpoint source load reductions funded through Ohio EPA’s Water Resource Restoration Sponsor Program are not eligible to generate water quality credits
Rule 04 – Adding date by which two existing trading programs must submit water quality trading management plans
Rule 06 – Changing the size of the hydrologic unit codes that must be used when identifying areas where nonpoint source projects might be located
Rule 11 – Identifying additional compliance-related provisions that will be included in NPDES permits when the permittee is participating in a water quality trading program.
Rule 14 – Revising language to include biological and stream habitat parameters in ambient water quality monitoring plans

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Proposed Indiana Antidegradation Standards and Implementation Procedures Rule

The Indiana Water Pollution Control Board has preliminarily adopted the new Antidegradation Standards and Implementation Procedures Rule prepared by the Indiana Department of Environmental Management (IDEM). The rules are aimed at maintaining existing water quality in all public surface waters, and especially in lakes and streams that have a higher quality of water than minimum standards require. The new rules also provide for opportunities for the public to participate in the review of new or expanding discharges.

The rule requires an evaluation of alternatives before permitting new pollutant discharges above a de minimis level. Although IDEM can not issue permits that allow violations of water quality standards, a new discharge above the de minimis level may degrade the existing water quality. In these cases, a discharger must submit an antidegradation demonstration, and has the opportunity to provide information about the social and economic benefits of the activity producing the new or increased loading, which is evaluated according to state law. In Outstanding State Resource Waters, there is an additional requirement of a water quality improvement project or fee.

Following the preliminary adoption, the proposed rule will be placed on notice in the Indiana Register. A public comment period of at least 21 days will also be held, because the proposed rule has substantially changed from the version of the rule placed on public notice in 2009. IDEM will then consider comments, and make any necessary changes before presenting the proposed rule to the board for final adoption.

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Draft General Permit for Infrequent Discharges in Arizona

The Arizona Department of Environmental Quality (ADEQ) has released its proposed General Permit for Infrequent Discharges (AZGP2011-001). This general permit can be used by a limited type of wastewater dischargers. The permit is applicable only to secondary treated effluent discharges from domestic wastewater treatment facilities with a design flow of less than 20 million gallons per day (mgd). Infrequent discharges are routine discharges that occur no more frequently than twice per calendar year with a duration of no more than 14 consecutive days and at least 30 days between discharges. Emergency discharges at these facilities would occur no more than three times per permit term with a duration of no more than 14 consecutive days per discharge event. It is estimated that only 20 to 40 facilities in Arizona will meet the definition of an infrequent discharger.

The draft permit includes technology-based effluent limitations, monitoring requirements, including whole effluent toxicity (WET) testing, and reporting requirements similar to other AZPDES permits.

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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Update On ADEQ Pesticide General Permit

The Arizona Department of Environmental Quality (ADEQ) is currently in the process of responding to comments received on Arizona’s Draft Pesticide General Permit. Arizona’s Draft PGP was public noticed in the Arizona Administrative Register on February 25, 2011 coincidental with the time the U.S. Court of Appeals granted a petition to delay the effective of permit coverage nationally from April 9, 2011 until October 31, 2011. U.S. EPA is in the process of reviewing comments a Reasonable and Prudent Alternative (RPA) from the draft Biological Opinion by the National Marine Fisheries Service (NMFS) on U.S. EPA’s draft permit. The Arizona draft PGP is not subject to this RPA.

ADEQ anticipates issuing the state permit in time to meet the October 31, 2011 date established by the court. After October 31, 2011 permit coverage is required for the application of pesticides to waters of the U.S.

While U.S. EPA will be issuing its own Pesticide General Permit, permit coverage in Arizona (except for Indian Country) will be under ADEQ’s Pesticide General Permit.

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Section 316(b) Cooling Water Intake Rule Comment Period Extended

In response to requests from stakeholders and to allow for additional public comment, the U.S. Environmental Protection Agency (EPA) has extended the public comment period by 30 days for the cooling water intake structures proposed rule. This change will not affect EPA’s schedule for issuing a final rule by July 27, 2012.

This proposed rule, based on Section 316 (b) of the Clean Water Act, is intended to protect fish and other aquatic organisms from being drawn into cooling water systems at large power plants and factories.

The original 90-day public comment period was originally set to expire on July 19, 2011. EPA expects to publish a notice of this 30-day extension 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.

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Iowa Impaired Waters Listing Approved By EPA

EPA has approved Iowa’s list of impaired waters, which removes 56 waters from the previous impaired waters list and adds 103 waters. The final approved 305(b) list brings the total number of impaired waters in the state to 474.

The Iowa Department of Natural Resources submitted its impaired waters list to EPA for review and approval as required by the Clean Water Act. The Act requires EPA to review the state’s list of impaired waters to determine if the state reasonably considered available water quality-related data, and identifies waters to be listed. A water body is placed on the impaired waters list when monitoring finds that pollutant levels prevent the lake, river, or stream from attaining its beneficial uses. Beneficial uses in Iowa include human recreation, agricultural water supply, and maintaining healthy aquatic life.

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Identifying Waters Protected Under Clean Water Act Comment Period Extended

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have extended the public comment period by 30 days for the draft guidance on Identifying Waters Protected by the Clean Water Act. In response to requests from state and local officials, as well as other stakeholders, EPA and the Corps will take additional comment until July 31, 2011 on this draft guidance document. According to the agencies, this change in the public comment period will not impact the schedule for finalizing the guidance or alter the intent to proceed with a rulemaking.

The original 60-day public comment period was set to expire on July 1, 2011. The agencies will be publishing a notice of this 30-day extension 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.

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Small Business Advisory Panel For Stream Electric Generator Rules

The U.S. Environmental Protection Agency (EPA) is asking small businesses to nominate representatives to participate in a Small Business Advocacy Review (SBAR) Panel. This panel will advise the agency on the development of a proposed wastewater discharge regulations for nuclear-fueled and fossil-fueled steam electric power plants. The wastewater discharges to be addressed include flue gas desulfurization wastes from sulfur dioxide air pollution controls, coal ash pond discharges, leachate from ash ponds and landfills containing coal combustion residues, coal gasification wastewater, and other waste streams. The main pollutants of concern for these discharges include nitrogen, total dissolved solids, and toxic metals such as mercury, arsenic and selenium.

The Regulatory Flexibility Act requires EPA to establish an SBAR Panel for rules that may have a significant economic impact on a substantial number of small entities. The panel will include federal representatives from the Small Business Administration, the Office of Management and Budget and EPA. The panel asks a selected group of small entities representatives (SER) to provide advice and recommendations on behalf of their company, community, or organization to inform the panel about the potential impacts of the proposed rule on small entities.

Self-nominations for the panel must be submitted to EPA by June 30, 2011. EPA seeks self-nominations directly from the small entities that may be subject to the rule requirements. Other representatives, such as trade associations, may also serve as SERs.

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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South Dakota General Permit For Temporary Waste Water Discharge

The South Dakota Department of Environment & Natural Resources (SDDENR) has released its draft general NPDES permit to cover certain types of infrequent or on-time discharges of wastewater and/or stormwater. Under Federal Clean Water Act rules, these types of discharges can not occur unless covered under an NPDES permit. The types of discharges which would be allowed under the South Dakota permit, once finalized, include:

Construction dewatering,
Pump testing of water wells,
Discharges from swimming pools and similar structures,
Discharges of petroleum contaminated ground water from remediation sites,
Other types of short-term discharges meeting specific criteria.

In order to be covered under the general permit, dischargers will need to submit an application to the SDDENR.

The draft NPDES general permit specifies effluent limits and monitoring that must be conducted during the discharge. It also outlines specific Best Management Practices (BMP) that should be followed before, during and after the discharge occurs.

The draft general permit was placed on 30-day public comment, and will be finalized and available for use after comments are received and the permit modified, if necessary.

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

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EPA Requires Revised Water Quality Standards For Rivers in Illinois

The U.S. Environmental Protection Agency has issued a notification to the State of Illinois that water quality standards for portions of the Chicago and Calumet Rivers must be revised. According to EPA, to attain the new water quality standards, the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) will likely be required to disinfect sewage discharged from its North Side and Calumet treatment plants. MWRDGC ceased disinfection at these facilities in the mid-1980s.

EPA has directed the Illinois Pollution Control Board to adopt new or revised water quality standards for the North and South Branches of the Chicago River, the North Shore Channel, the Cal-Sag Channel and the Little Calumet River. If the board does not act, the Clean Water Act authorizes U.S. EPA to take what the agency considers to be the necessary actions. Since 2007, U.S. EPA has recommended that Illinois upgrade water quality standards for the waterway system.

In 2009, U.S. EPA made a similar determination under its Clean Water Act authority for a 28-mile portion of the Mississippi River near St. Louis.

[read more about 2009 EPA action in Missouri]

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 Guidance On Applicability of Clean Water Act To Wetlands

On April 27, 2011, The US Corps of Engineers and US EPA issued “Draft Guidance on Identifying Waters Protected by the Clean Water Act”. The Draft Guidance interprets two key Supreme Court decisions on the applicability of the Clean Water Act to wetlands. The Draft Guidance addresses both wetlands and waterbodies and is limited to whether the federal Clean Water Act applies; it does not determine what state laws or regulations might apply.

A 2006 Supreme Court decision was anticipated to provide a clear test for when a wetland is subject to federal jurisdiction, however, the court split three ways, with no point of view supported by a majority of the justices. The prevailing view since 2006 has been that a wetland is subject to federal jurisdiction if it satisfies either of two tests: 1) the wetland must be immediately adjacent to a navigable body of water that has a relatively permanent flow; or 2) there is a “significant nexus” between the wetland and a body of water that was, is, or could be made navigable. The current Guidance is intended to be “consistent with Supreme Court decisions and existing agency regulations”.

Under the Draft Guidance, federal jurisdiction would apply to wetlands that:

• are adjacent to either traditional navigable waters or interstate waters;



• directly abut relatively permanent waters; or



• are adjacent to jurisdictional tributaries to traditional navigable waters or interstate waters if there is a “significant nexus”

The federal jurisdiction would apply to waterbodies that are:

• traditional navigable waterbodies;



• interstate waterbodies; or



• non-navigable tributaries to traditional navigable waters that are relatively permanent (contain water at least seasonally) tributaries to traditional navigable waters or interstate waters if there is a “significant nexus”

The applicability to the category of “other waters”, including some that are physically proximate to other jurisdictional waters and some that are not, will be based on fact specific circumstances

Following the 60-day public comment period, EPA and the Corps intend to finalize the Guidance and then initiate formal rulemaking.

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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EPA Harmonization and Derivation of Aquatic Life Screening Values For Pesticides

OW – OPP Harmonization and Derivation of Aquatic Life Screening Values For Pesticides: Growers’ Perspectives

CropLife America and RISE 2011 Science and Regulatory Spring Conference, April 7, 2011

Abstract: Paper discuses some of the keys differences between OPP and OW data use and the OPP-OW Harmonization for aquatic life benchmark calculation methodologies. Discussion includes use of water quality benchmarks in Minnesota under the Minnesota Pesticide Management Plan.

Seven areas of concern are discussed, including:

1. Using Screening Methods To Set Legally Enforceable Water Quality Standards


2. Data Acceptability Requirements Between OPP and OW Are Not Adequately Addressed


3. Key Issues Regarding Use of Plant Data Are Not Adequately Addressed


4. Stated Criteria For Evaluation of Methodologies Are Inconsistent


5. Implementation and Uses of Methodologies Under FIFRA - CWA Inadequately Addressed


6. Use of Predicted or Estimated Values


7. Use of Unqualified Data and Requirement For Minimum Data Set

Results are compared to water quality data for Acetochlor in Minnesota from 2004 to 2009.

Click below to review presentation slides:

OW – OPP Harmonization and Derivation of Aquatic Life Screening Values: Growers’ Perspectives

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ADEQ Suspends Issuance of General Pesticide Permit For Arizona

On February 25, 2011, ADEQ issued its draft Arizona Pollutant Discharge Elimination System (AZPDES) Pesticide General Permit (PGP) for public comment. The public comment period closed on March 29, 2011. Subsequently, EPA and others petitioned the US Court of Appeals for an extension of the April 9, 2011 permit effective date deadline. On March 28, 2011 the court granted the petition delaying the date by which PGP coverage will be required until October 31, 2011.

According to the most recent information provided by EPA, the final federal PGP will be published on approximately July 30, 2011, allowing sufficient time for States to align final federal permit requirements with their State general permit in advance of the new October 31, 2011 permit effective date.

As a result, ADEQ has decided to suspend further AZPDES PGP issuance activities. Upon issuance of the final federal PGP, ADEQ plans to review and evaluate all comments received during the ADEQ comment period and consider whether revisions to the prior issued draft AZPDES PGP are appropriate.

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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Proposed Cooling Intake Standards Under Section 316b

As required by Section 316(b) of the Clean Water Act and pursuant to a settlement agreement, the U.S. Environmental Protection Agency (EPA) has released for public comment standards to protect fish and other aquatic organisms potentially drawn into cooling water systems at large power plants and factories. Safeguards against impingement will be required for all facilities above a minimum size; closed-cycle cooling systems may also be required on a case by case basis when, based on thorough site-specific analysis by permitting authorities, such requirements are determined to be appropriate. EPA is proposing this regulation as a result of a settlement agreement with Riverkeeper, Inc. and other environmental groups.

Technology Standards:

Fish Impingement: Existing facilities that withdraw at least 25 % of their water exclusively for cooling purposes and have a design intake flow of greater than 2 million gallons per day (MGD) would be required to reduce fish impingement under the proposed regulations. The owner or operator of the facility will be able to choose one of two options for meeting best technology available requirements for reducing impingement. They may conduct monitoring to show the specified performance standards for impingement mortality of fish and shellfish have been met, or they may demonstrate to the permitting authority that the intake velocity meets the specified design criteria. EPA estimates that more than half of the facilities that could be impacted by this proposed rule already employ technologies that are likely to put them into compliance with the proposed standard.

Fish Entrainment: EPA is proposing a site-specific determination to be made based on local concerns and on the unique circumstances of each facility. This proposed rule establishes requirements for the facility owner to conduct comprehensive studies and develop other information as part of the permit application, and then establishes a public process, with opportunity for public input, by which the appropriate technology to reduce entrainment mortality would be implemented at each facility after considering site-specific factors. Because new units can incorporate the most efficient, best-performing technology directly into the design stage of the project, the proposed rule would require closed-cycle cooling (cooling towers) for new units at existing facilities, as is already required for new facilities. The public will be able to comment on the proposed rule upon its publication in the Federal Register. EPA will conduct a 90 day comment period, and consider comments before taking final action on the proposal. Final rules must be published by July 27, 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.

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State Dashboards To Review Clean Water Act Data and Actions

The U.S. Environmental Protection Agency (EPA) has released updated data and a mapping tool to compare water quality trends over the last 2 years. The web-based, interactive map includes “state dashboards” that provide detailed information for each state, including information on facilities that are violating the Clean Water Act and the actions states are taking to enforce the law and protect people’s health.

The state dashboards incorporate data for both large and small sources of water pollution, and information from EPA’s 2009 Annual Noncompliance Report. Users can review and compare information on the inspections conducted by both EPA and the state agencies, violations and enforcement actions in their communities over the past two years and the penalties levied in response to violations. EPA’s Enforcement and Compliance Online (ECHO) database provides fast, integrated searches of EPA and state data for more than 800,000 regulated facilities, including information on inspections, violations and enforcement actions.

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Requirement to Meet Federal Law In State WPDES Permits

The Wisconsin Supreme Court has determined that Wisconsin Department of Natural Resource’s (WDNR) authority and the scope of its administrative review of Wisconsin Pollutant Discharge Elimination System permit challenges is limited to challenges based on state law and not whether the permit complies with federal law.

Petitioners had challenged a WPDES permit issued by WDNR, claiming that the permit did not comply with federal law and that state statutes require WDNR to ensure all WPDES permits comply with federal law. The WDNR refused to grant a hearing on the federal law challenges, arguing WDNR’s authority only allowed it to review WPDES permit challenges based on state law.

The Wisconsin Supreme Court agreed with the agency that, if followed to its logical conclusion, the petitioner’s position would render Wisconsin’s delegated CWA authority and its WPDES permit program moot. The court noted that EPA has authority to review and object to every WPDES permit issued by WDNR. In this case, EPA reviewed the proposed WPDES permit and also reviewed Petitioner’s claim that the permit failed to comply with federal law, yet EPA found no reason to object to the permit. Moreover, the court clarified that the proper remedy for Petitioner’s federal law challenges is to petition EPA to review or object to the WPDES permit issuance, and thereafter to appeal any EPA decision in the appropriate federal district court.

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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Court Ruling Limits Requirement For CAFO To Apply For NPDES Permit

In a case involving the requirement for Concentrated Animal Feeding Operations (CAFO) to obtain a National Pollutant Discharge Elimination System (NPDES) permit, the U.S. Fifth Circuit Court of Appeals has issued an opinion that there is no “duty to apply” for a NPDES permit in the Clean Water Act. Only CAFOs that have to obtain permits are those that are actually discharging pollutants to waters of the United States.

EPA revised the CAFO Rules in 2003, and required all CAFOs with the “potential to discharge” to obtain a NPDES permit. The industry challenged that requirement and the U.S. Court of Appeals for the Second Circuit agreed that the Clean Water Act did not authorize EPA to regulate facilities that do not actually discharge. In 2008, EPA issued a revised rule, which required all CAFOs that discharge or “propose to discharge” to obtain a NPDES permit. The current ruling relates the 2008 revised CAFO rules.

The 2008 CAFO, a facility operator failing to apply and obtain a permit could be liable for the actual discharge and also for its failure to apply for a permit. The court determined that this provision beyond the scope of EPA’s authority, because the Clean Water Act lists specific violations a facility can be liable for, which does not include failure to apply for a NPDES permit. The Court rejected a challenge to the 2008 CAFO Rule concerning the inclusion of Nutrient Management Plans as an enforceable provision and regulation of land application areas in a CAFO NPDES permit.

The Court ruling applies to EPA CAFO rules only; individual States may have additional requirements which could require applications from CAFOs.

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

Extension Of Deadline For Pesticide General Permit

U.S. Environmental Protection Agency (EPA) has requested an extension to allow more time for pesticide operators to obtain permits for pesticide discharges into U.S. waters. EPA requested that the deadline be extended from April 9, 2011 to October 31, 2011. According to EPA, during the period while the court is considering the extension request, permits for pesticide applications will not be required under the Clean Water Act.

EPA is developing a pesticide general permit in response to the 6th Circuit Court’s 2009 decision, which found that discharges from pesticides into U.S. waters were pollutants, and therefore will require a permit under the Clean Water Act as of April 9, 2011.

EPA has made the extension request to allow sufficient time for the agency to engage in Endangered Species Act consultation and complete the development of an electronic database to manage requests for coverage under the Agency’s general permit. It also allows additional time for authorized states to finish developing their state permits and for permitting authorities to provide additional outreach to stakeholders on pesticide permit requirements.

On finalized, EPA’s general permit will cover pesticide discharges to waters of the U.S. in MA, NH, NM, ID, OK, AK, DC, most U.S. territories and Indian country lands, and many federal facilities.

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

Proposed Regulation Under 2008 Clean Boating Act

The U.S. Environmental Protection Agency (EPA) is seeking public comment from boaters and other stakeholders to help develop proposed regulations to reduce water pollution and the spread of invasive species and to mitigate adverse effects from recreational boat discharges, such as bilgewater, graywater and deck runoff. Development of regulations was required by the 2008 Clean Boating Act. In contrast to permits required for commercial vessels, the act directs EPA to develop and promulgate management practices for recreational vessels.

Based on the input received, EPA will develop appropriate management practices and performance standards that protect waterways. The U.S. Coast Guard will establish regulations governing the design, construction, installation and use of management practices.

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

Iowa DNR Water Quality Standards For Lakes

The Iowa DNR has proposed criteria for evaluating Iowa lakes used for swimming. The proposed standards measure the transparency of the water and recommend maintaining water clarity of a little more than 3 feet (1 meter) in at least 75 % of the measurements. A standard of maintaining chlorophyll-a levels not to exceed 25 ug/L in 75 % of the measurements taken is also being proposed. Both standards are based on measurements taken during the summer recreational months between Memorial Day and Labor Day.

These standards were initially proposed in January 2010 [click here for more information]

The standards will apply to 127 lakes in Iowa that have a maintained beach, appear on the list of Significant Public Owned Lakes or have a mean depth of more than 3 meters (9.9 feet).

A series of public meetings to gather input from citizens regarding proposed criteria are scheduled throughout the state between March 23 and 31. Written suggestions or comments on the proposed amendments are being accepted through May 15, 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

EPA & USCG Coordination to Enforce Vessel General Permit Program.

U.S. Environmental Protection Agency (EPA) and U.S. Coast Guard (USCG) today signed a memorandum of understanding (MOU) to work together to enforce EPA’s vessel general permit program. The MOU outlines steps the agencies will take to better coordinate efforts to prevent and enforce against illegal discharges of pollutants from vessels, such as cruise ships and oil tankers.

Under the MOU, USCG has agreed to incorporate components of EPA’s vessel general permit program into its existing inspection protocols and procedures to help the United States address vessel pollution in U.S. waters. The MOU creates a framework for improving EPA and USCG cooperation on data tracking, training, monitoring, enforcement and industry outreach. The agencies have also agreed to improve existing data requirements so that information on potential violations observed during inspections can be sent to EPA for evaluation and follow-up.

The vessel permit program applies to more than 61,000 commercial ships based in the U.S. and more than 8,000 foreign ships operating in U.S. waters. The vessel permit covers 26 types of discharges such as deck run-off from rain, ballast water used to stabilize ships, and wastewater from showers, sinks and laundry machines. These discharges may result in negative impacts on the environment, including the spread of invasive species from ballast water that can harm sensitive ecosystems. The vessel permit program also specifies corrective actions, self inspections and self monitoring, record keeping and reporting requirements.

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

ANPR For San Francisco Bay Delta Estuary Water Quality Improvements

U.S. Environmental Protection Agency has released an Advanced Notice of Proposed Rulemaking (ANPR) seeking public input on the effectiveness of current water quality programs influencing the health of the San Francisco Bay Delta Estuary. The ANPR identifies water quality issues affecting Bay Delta fisheries, describes regulatory measures currently underway, and initiates an information-gathering process on how the EPA and the State of California can achieve water quality and aquatic resource protection goals.

The ANPR is part of a set of actions to address California water issues under the Interim Federal Action Plan released in December 2009. Through this plan, the EPA has promoted water conservation and efficiency improvements throughout California, dedicated more than $40 million to drought relief projects, and to modernizing California’s water infrastructure.

EPA will be coordinating its review of water quality issues with the on-going development of the Bay Delta Conservation Plan, which currently is being developed through a collaboration of federal, state and local agencies, environmental organizations, and other interested parties.

The ANPR identifies specific issues for which the EPA has regulatory responsibility and solicits comment on topics, such as potential site-specific water quality standards and site-specific changes to pesticide regulation. Summaries describing environmental stressors and the regulatory framework necessary to address them are also included in the ANPR.

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

Oregon DEQ General Permit For Pesticide Application

The Oregon Department of Environmental Quality (DEQ) has released and has requested public comments on its proposed National Pollutant Discharge Elimination System (NPDES) pesticide general permit. The proposed permit is in response to the January 2009 Sixth Circuit Court ruling that NPDES permits are required for all biological and chemical pesticide applications that leave a residue or excess pesticide in water when the applications are made in, over or near water. The court required permits to be effective no later than April 9, 2011.

DEQ has proposed to issue the general permit for the following pesticide applications:

1. Mosquito and other flying insect pest control
2. Weed and Algae Control for invasive or other nuisance weeds, algae and pathogens in water and at the water’s edge.
3. Nuisance Animal Control for the control of invasive or other nuisance animals and pathogens in water and at the water’s edge.
4. Forest Canopy Pest Control for the control of pest species by using aerial application of a pesticide over a forest environment or from the ground.
5. Area-Wide Pest Control for the control of pest species by using aerial pesticide application to cover a large area to avoid substantial and widespread economic and social impact.
   

The permit, once finalized, may affect both public and private entities that use pesticides for the types of pesticide applications listed above.

Operators who conduct pesticide applications above an annual threshold will need to register with DEQ. The Annual Treatment Area Thresholds proposed are:

Mosquitoes and Other Flying Insect Pests - 6,400 acres of treatment surface area
Weed and Algae Control (Excludes irrigation districts formed under ORS 545)
In Water - 20 acres of surface treatment area
In Water and at Water’s Edge: - 50 linear miles of treatment area.
Nuisance Animal Control:
In Water - 20 acres of treatment surface area
In Water and at Water’s Edge - 50 linear miles of treatment surface area.
Forest Canopy Pest Control - 6,400 acres of treatment surface area
Area Wide Pest Control - 6,400 acres of treatment surface area.

The draft permit requires all operators to minimize pesticide discharges by:

• using the optimal amount of pesticide
• preventing leaks and spills
• calibrating equipment
• use integrated pest management
• minimize the discharge of pesticides
• meet water quality standards
• maintain certain records
• report adverse incidents

Operator are also required to notify private and domestic drinking water users prior to the use of pesticides that have potable water use restrictions. All operators are required to conduct site monitoring and visual monitoring to ensure that pesticide use is minimized.

The permit sets a threshold that requires the largest pesticide users under each type of pest control to:

• submit an application for registration and pay fees
• implement integrated pest management
• develop a pesticide discharge management plan
• submit annual reports

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

DEQ Rulemaking On Human Health Based Water Quality Criteria

The Oregon Department of Environmental Quality is proposing rulemaking, to revise the water quality standards regulation to address the human health criteria for toxic pollutants. DEQ also has proposed to adopt new and revised water quality standards rules on implementing water quality standards through various water quality control programs, including National Pollutant Discharge Elimination System (NPDES) permits and nonpoint source pollution programs.

DEQ’s currently effective human health toxics criteria are based on a fish consumption rate that US EPA does not believe provides adequate protection for the amount of fish and shellfish consumed by Oregon residents. On June 1, 2010, EPA disapproved human health toxics criteria which Oregon submitted for approval in 2004 and which were based on a fish consumption rate of 17.5 grams per day. EPA disapproved the human health toxics criteria because the fish consumption rate is not considered protective of many Oregonians. DEQ is addressing EPA’s disapproval by proposing to use a higher fish consumption rate of 175 g/day to calculate more protective human health toxics criteria. If DEQ does not establish revised criteria, EPA must conduct rulemaking to develop human health toxics criteria for Oregon.

The proposed rulemaking also proposes new rule language and revisions to existing rule language for various NPDES permit implementation tools developed to assist dischargers in complying with revised standards. Revisions to the water quality standards and Total Maximum Daily Load (TMDL) rules are also intended to make DEQ’s rules consistent with state statutes affecting nonpoint sources of pollution and for DEQ to assign pollution load allocations to significant land and air sources in TMDLs.

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

Arsenic Standards and Arsenic Reduction Plan Revised by ODEQ

The Oregon Department of Environmental Quality (DEQ) is proposing to change Oregon’s water quality standards for arsenic. Public comments on the proposed change are due by February 23, 2011. The proposal revises criteria established to protect human health and adds a requirement for certain wastewater dischargers to develop Arsenic Reduction Plans.

DEQ originally proposed revisions to the state’s arsenic, iron and manganese standards for public comment in August 2010. DEQ subsequently revised the proposed arsenic criteria based on comments received. DEQ has reopening public comment and is requesting public comment on the revised proposed arsenic criteria. The Oregon Environmental Quality Commission adopted the iron and manganese standards revisions in December 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

South Dakota General NPDES Permit For Pesticide Discharges

The South Dakota Department of Environment and Natural Resources (DENR) has released its draft surface water discharge permit for pesticide applicators. Discharges to waters of the state from the application of either chemical or biological pesticides that leave a residue or are not otherwise excluded from coverage under the federal Clean Water Act will require a permit.

The draft General Permit was prepared for the five pesticide use categories:

Mosquito and Other Flying Insect Pest Control. This use category includes the control of public health/nuisance and other flying insect pests that develop or are present during a portion of their life cycle in or above standing or flowing water.

Weed and Algae Control. This use category includes the control of invasive or other nuisance weeds and algae in water and at water’s edge, including irrigation ditches and/or irrigation canals.

Aerial Pest Control. This use category is for the aerial application of a pesticide to control the population of a pest (e.g., insect or pathogen) where, to target the pests effectively, a portion of pesticide will be unavoidably discharged into waters of the state. These pests are not necessarily aquatic, but are detrimental to industry, the environment, and public health.

Ditch and Stream Bank Pest Control. This use category includes the management of a diverse pest spectrum where pesticides are deposited into a ditch or along stream banks to target the pests effectively and may result in a discharge to waters of the state.

Declared Pest Emergency Situation. This use category is for discharges associated with a declared pest emergency discharge.

Discharges not eligible for coverage under the draft General Permit include discharges to waters of the state identified in the 303(d) list or Integrated Report as impaired for that pesticide or its degrades, and discharges associated with the management of invasive or other nuisance pests in water, including fish, lampreys, and mollusks. An individual permit or alternative general permit would be required for those discharges.

In contrast to many State general permits, under this draft permit, an application for permit coverage is not required. All pesticide activities requiring coverage under the permit will automatically have coverage upon the effective date of the permit.

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

Minnesota General NPDES Permit For Pesticide Application

The Minnesota Pollution Control Agency (MPCA) has released a proposed general NPDES permit to cover certain types of applications of pesticides. The need for NPDES permit coverage is in response to a 2009 ruling by the 6th Circuit Court of Appeals that NPDES permits were required for all biological and chemical pesticide applications that leave a residue in water including applications are made in or over, including near, waters of the United States.

Unlike the single permit proposed by EPA on June 4, 2010, MPCA has prepared four separate General Pesticide Permits to address different use patterns - Mosquito and Other Flying Insect Pest Control (MNG870000), Forest Canopy Pest Control (MNG873000), Aquatic Nuisance Animal Pest Control (MNG874000), and Vegetative Pests and Algae Control (MNG876000).

Only entities that exceed a threshold listed in each permit are required to submit an application for permit coverage. Permittees that are required to submit an application must do so within six months after permit issuance. Those applicators that do not exceed the threshold will need to comply with the basic permit requirements, but are not required to submit an application.

The permits require that all permittees minimize their discharges to waters of the state. This includes using the lowest effective amount of pesticide and optimal frequency of application, preventing leaks and spills, calibrating equipment, and monitoring to record the amount of pesticides used and the area where they are applied to determine when/if the threshold will be exceeded. Visual monitoring is also required during pesticide application to identify adverse effects to non-target organisms. If there are adverse effects from pesticide application, the permittee is required to contact the Duty Officer and take corrective actions to minimize the effects. Permittees must also implement Integrated Pest Management (IPM) and develop a Pesticide Discharge Management Plan (PDMP).

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