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

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 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.

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 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.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website