Antidegradation Requirements and Impaired Waters Requirements Under Draft MDA Storm Water Permit

Maryland Department of the Environment (MDA) is issuing a draft General Permit Number 12-SW of stormwater discharges from industrial facilities. MDA has chosen to base the state’s permit on the EPA’s Multi-Sector General Permit (MSGP). The final permit is expected to be issued in early 2013.

Read a summary of the key changes to the Maryland General Permit.

Information about Maryland General Permit SWPPP Template and Compliance Plan

The draft permit contains new, specific WQBEL requirements applicable to impaired waters and antidegradation policies:

• Discharges to Impaired Waters – The permit contains requirements for new and existing discharges to impaired waters with or without EPA approved or established TMDLs. New dischargers are only eligible for discharge authorization if they demonstrate that there is either no exposure of stormwater to the pollutant for which the water is impaired, or the impairment pollutant is not present at the facility, or that the discharge is not expected to cause or contribute to a water quality standards exceedance. For existing discharges to impaired waters with State approved or established TMDLs, MDA will determine if more stringent requirements are necessary to ensure that the permittee is discharging consistent with the TMDL and applicable WLA.
• Antidegradation Requirements – MDA has clarified its expectation of operators to meet antidegradation requirements as part of the permit authorization process as well as to comply with permit provisions after authorization to discharge is received. If an NOI indicates that an operator is seeking coverage for a new discharge to a Tier 2 water, MDA will determine if additional requirements are necessary to be consistent with the applicable antidegradation requirements, or if alternatively, an individual permit application is necessary. New dischargers are no longer eligible for coverage under this permit for discharges to waters designated as Tier 3 for antidegradation purposes.

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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Oklahoma Approved To Issue Agricultural Related NPDES Permits

The Environmental Protection Agency has approved Oklahoma’s request for issuing agriculture-based Clean Water Act discharge permits to the Oklahoma Department of Agriculture, Food and Forestry (ODAFF). The Oklahoma legislature first proposed the delegation of authority from EPA to ODAFF in 1994. On August 16, 2012, the Governor of Oklahoma requested NPDES permit program approval and submitted a Statement of Legal Authority, copies of applicable state statutes and regulations, and a Memorandum of Understanding to be approved by the EPA Region 6 Regional Administrator and the Commissioner of Agriculture for the ODAFF.

Oklahoma will take over responsibility to implement the Agriculture Pollutant Discharge Elimination System (AgPDES) program covering discharges associated with concentrated animal feeding operations, the application of biological or chemical pesticides, discharges from forestry activities, and discharges of storm water from agricultural activities.

The Clean Water Act of 1972 created the National Pollutant Discharge Elimination System program under which the EPA may issue permits for the point source discharge of pollutants to waters of the United States. The Act requires the EPA to authorize a state to administer an equivalent state program upon the Governor’s request, provided the state has the appropriate legal authority and a program sufficient to meet the Act’s 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.
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Revised Total Coliform Rule For Public Water Supplies

U.S. Environmental Protection Agency (EPA) has updated the rule for pathogens in drinking water, including setting a limit for the bacteria E. coli to better protect public health.  Public water systems must comply with the requirements of the Revised Total Coliform Rule beginning April 1, 2016.

Under the revised rule, public drinking water systems are required to notify the public if a test exceeds the maximum contaminant level (MCL) for E. coli in drinking water. If E. coli or other indications of drinking water contamination are detected above a certain level, drinking water facilities must assess the system and fix potential sources and pathways of contamination. High-risk drinking water systems with a history of non-compliance must perform more frequent monitoring. The revised rule provides incentives for small drinking water systems that consistently meet certain measures of water quality and system performance.

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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Wildrice - Sulfate Standard Upheld By Court

The Minnesota Court of Appeals has affirmed a lower-court ruling that upholds the state's limit on sulfate in wild rice waters. In its decision, the appellate court said it lacked jurisdiction in the case but that it still affirmed a state district court decision in May to dismiss the case.

 The original lawsuit was filed by the Minnesota Chamber of Commerce in 2010 asking the court to throw out the state's 1973 sulfate rule, claiming it was unfounded, based on poor science and overly restrictive, especially for the state's mining industry. In May 2012, a district court judge ruled in favor of the state, the state sulfate limit of 10 mg/L was appropriate.

The 10 mg/L limit also was the subject of a 2011 state law that attempted to block enforcement of the state regulation. But the federal Environmental Protection Agency overruled state lawmakers, saying the sulfate limit had to be enforced under the federal Clean Water Act unless the state could prove it wasn't necessary.

Caltha Water Quality and Water Quality Standards Consultant Services

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.

Lake Erie No Discharge Zone Proposed By EPA

The U.S. Environmental Protection Agency (EPA) is accepting public comment until January 6, 2013 on the agency's tentatively determination that there are adequate facilities around Lake Erie for boats to pump out their sewage, allowing the establishment of a “no discharge zone” for 593 square miles of the lake, its tributaries and bays, and 84 miles of shoreline that comprise the New York State portion of the lake. The no discharge zone, which was proposed by the New York State Department of Environmental Conservation, means that boats would be banned from discharging sewage into the water. Boaters would instead dispose of their sewage at specially-designed pump-out stations.

This action is part of a joint EPA/New York State strategy to eliminate the discharge of sewage from boats into the state’s waterways. The proposed no discharge zone for the New York State portion of Lake Erie includes the waters of the lake from the Pennsylvania-New York State boundary, as well as the Upper Niagara River and numerous other tributaries, harbors and embayments of the Lake, including Barcelona Harbor, Dunkirk Harbor and the Buffalo Outer Harbor.

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

Power Plant Effluent Guideline and Coal Disposal Rules

Environmental Protection Agency has indicated that the agency is attempting to revise its pending power plant effluent limitation guideline (ELG) and coal combustion residuals (CCR) disposal rules so that they better coordinate with each other to minimize the compliance burden they will place on the industry.

During the National Association of Regulatory Utility Commissioners (NARUC) conference, EPA Office of Water suggested that EPA is attempting to coordinate revisions of the two rules to minimize duplication and ease compliance. However, that effort is likely to be complicated by the fact that EPA has estimated that the new CCR rule will not be ready until 2014, yet it is facing a court order requiring it to issue revisions to the ELG by Dec. 15, 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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New EPA Recreational Water Quality Criteria for Beaches

In response to an order from a U.S. District Court and as required by the Beaches Environmental Assessment and Coastal Health Act of 2000, the U.S. Environmental Protection Agency (EPA) has released new recreational water quality criteria for beaches and waters year round. The criteria provide states and communities with scientific information that they can use to determine whether water quality is safe for the public and when to issue an advisory or a beach closure. EPA has also provided a variety of other tools to help states evaluate and manage recreational waters.

The new criteria are based on several recent health studies and use a broader definition of illness to recognize that symptoms may occur without a fever, including a number of stomach ailments. EPA also narrowed from 90 days to 30 days the time period over which the results of monitoring samples may be averaged. This shortened time period especially accounts for heavy rainfall that can wash pollution into rivers, lakes or the ocean or cause sewer overflows.

The recommendations include:

1. A short-term and long-term measure of bacteria levels that are to be used together to ensure that water quality is properly evaluated.
2. Stronger recommendations for coastal water quality so public health is protected similarly in both coastal and fresh waters.
3. A new rapid testing method that states can use to determine if water quality is safe within hours of water samples being taken.
4. An early-alert approach for states to use to quickly issue swimming advisories for the public.
5. Tools that allow states to predict water quality problems and identify sources of pollution, as well as to develop criteria for specific beaches.

  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 Nutrient Reduction Strategy Released

On November 19, 2012, the State of Iowa announced the release of the Iowa Nutrient Reduction Strategy for public comment. Interested parties were invited to submit comments during a 45 day comment period that will end on January 4, 2013.

The Iowa Nutrient Reduction Strategy is a science and technology-based approach to assess and reduce nutrients delivered to Iowa waterways and the Gulf of Mexico. The strategy outlines voluntary efforts to reduce nutrients in surface water from both point sources and nonpoint sources. The Iowa Department of Agriculture and Land Stewardship, Iowa Department of Natural Resources (DNR) worked with Iowa State University over a two-year period to develop the strategy.

The Iowa strategy has been developed in response to the 2008 Gulf Hypoxia Action Plan that calls for the 12 states along the Mississippi River to develop strategies to reduce nutrient loading to the Gulf of Mexico. The Iowa strategy follows the recommended framework provided by EPA in 2011. Iowa is the second state to complete a statewide nutrient reduction strategy.

To address point source discharges, such as POTW and industrial discharge, the Iowa Department of Natural Resources will be working with major facilities throughout the state to reduce nutrient discharges from point sources to Iowa's waters with a goal of reducing total phosphorus by 16% and total nitrogen by 4 %.

Summary of proposed permitting requirements for point source discharges under nutrient reduction plan


To address nutrient transport from nonpoint sources the strategy uses a scientific assessment of conservation practices and associated costs to reduce loading of nutrients to Iowa surface waters. The strategy identifies five key categories to focus the efforts in addressing nonpoint sources and identifies multiple action items within each category. The five categories are:

• Setting Priorities;
• Documenting Progress;
• Research and Technology;
• Strengthen Outreach,
• Education,
• Collaboration; and
• Funding.

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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Changes To Missouri Impaired Waters List

On Nov. 13, 2012 , US EPA Region 7 issued the final decision on the Missouri list of impaired waters. EPA restored eight water bodies to Missouri’s list and removed one water body due to an EPA-approved pollution reduction plan. The EPA decision brings the total number of impaired waters in the state to 258.

The Missouri Department of Natural Resources (MDNR) submitted its impaired waters list to EPA for review and approval as required by the Clean Water Act (CWA). The EPA decision letter provides a more detailed description of EPA’s review and the basis for this action.

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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Containment and Disposal of Contaminated Water Guidance

The US EPA Office of Water has released the reference document “Containment and Disposal of Large Amounts of Contaminated Water: A Support Guide for Water Utilities”. The guide is intended to help water utilities prepare for and respond to a contamination event when rapid decision making and action is required. The guidance is applicable primarily at drinking water, wastewater, and stormwater utilities, and makes recommendations for addressing chemical, biological, and radiological (CBR) contamination events. Secondary users of the guide are decision makers involved with planning and disposal at federal, state, local, and tribal levels.

According to EPA, the guide is a voluntary document that is not legally enforceable, and contains broad recommendations that may be adapted to specific situations or incidents. It includes references to statutes and regulations, but does not change or substitute for any legal requirements. The guide provides an overview of the issues associated with containment, treatment, and disposal of contaminated water after a decision to contain the water has been made, including:

• Potential types of containment;
• Potential treatment methods;
• Potential disposal options and associated considerations; and
• Information on some of the key relevant statutes and regulations that may be applicable for containment and disposal.

According to EPA, the guide is not intended to provide recommendations on initial response activities immediately following a confirmed contamination incident; or source water, such as ground water or surface water that has not entered the drinking water, wastewater, or stormwater system. 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

IDNR Proposed Changes To Use Designations For Iowa Rivers

The Iowa Department of Natural Resources (DNR) is holding public meetings across the state to gather input on proposed water quality standards designated use changes for selected rivers and streams in Iowa. These changes are intended to enhance the protection of aquatic life and recreational uses in these waters. Rivers affected include segments of the Iowa River, Cedar River, Des Moines River and several others

Meetings will be held in:

• Atlantic: Nov. 13.
• Clear Lake: Nov. 8
• Independence: Nov. 28
• Spencer: Nov. 5
• Washington: Nov. 27
• West Des Moines: Nov. 19

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

Wisconsin DNR General Permit For Small Wetland Impacts

The Wisconsin Department of Natural Resources has released a general permit that streamlines and shortens the wetland permitting process for some residential, commercial and industrial projects impacting wetlands. The statewide general permit (“GP”) enables projects resulting in the unavoidable filling of less than 10,000 square feet of wetland to get a permit decision more quickly if the project meets the standards and conditions in the general permit. Previously, all landowners wanting to pursue projects that involve wetland fill were required to seek an individual permit and lengthier environmental review. Projects that involve more than 10,000 square feet of wetland fill or do not meet the GP standards and conditions continue to require a wetland individual permit, which has a longer process time, a higher permit fee, and require wetland mitigation and a higher level of environmental review

The general permit for smaller projects identifies the location, design, and construction standards and other conditions any project must meet to qualify for the general permit, and to ensure that minimal environmental effects occur. The general permit is valid statewide for 5 years. When property owners’ projects apply to be covered under the general permit, DNR is required to issue a decision within 30 days.

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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San Francisco Bay Water Quality Improvement Fund Grants

Grants to state and local agencies, and non-profit organizations totaling $6.5 million have been awarded to restore water quality and wetlands throughout the San Francisco Bay watershed. Grants range from $75,000 to $1.5 million and will support ten projects that prevent pollution, restore streams and tidal marshes, and manage floodwaters.

The projects are funded under EPA’s San Francisco Bay Water Quality Improvement Fund that has invested over $28 million in 48 projects across the Bay region since 2008. The project summaries, partner agencies/organizations, and funding amounts are:

• Restore Wetlands at Creek Mouths ($1.55 million, in partnership with San Francisco Estuary Partnership and the Association of Bay Area Governments): Redesign flood control channels to restore wetland habitat, water quality, and shoreline resilience at three creek mouths: San Francisquito, Lower Novato, and Lower Walnut Creeks. Restore over 100 acres of tidal marsh and re-use 70,000 cubic yards of clean sediment from dredging projects.
• Continue Reducing Sediment Loads into the Napa River ($1.5 million, in partnership with Napa County Flood Control District): Complete instream restoration of the Rutherford Reach and begin restoration of the Oakville Reach to reduce sediment loads into Napa River.
• Restore Quartermaster Reach – Presidio ($1 million, in partnership with Golden Gate National Parks Conservancy): Restore 1,050 feet of creek channel, 3.3 acres of dune-coastal scrub upland, and 4.7 acres of previously buried tidal marsh adjacent to the Crissy Field wetlands.
• Site Preparation of Sears Point Tidal Marsh Restoration ($941,000, in partnership with Sonoma Land Trust): Prepare for restoration of 960 acres of tidal marsh in the San Pablo Bay National Wildlife Refuge through removal of contaminated soil, construction of a 2.5 mile levee to manage floods, and contouring the site to accelerate sediment accumulation.
• South Bay Salt Ponds Mercury Studies ($500,000, in partnership with California State Coastal Conservancy): Conduct methylmercury studies within the 15,000-acre South Bay Salt Pond complex to support tidal wetlands restoration of ponds.
• Reduction in Packaging at Fast Food Establishments ($257,000, in partnership with Clean Water Fund): Develop source reduction programs for takeout food containers, the largest documented contributor of trash in urban waterways that flows into SF Bay, and, with partner cities, conduct outreach at fast food establishments.
• Reduction in Household Use of Toxic Pesticides ($250,000, in partnership with San Francisco Estuary Partnership and the Association of Bay Area Governments): Use social media and direct outreach to consumers and retailers to promote less-toxic pesticides and pesticide free practices. Project aims to shift Bay Area households towards using less-toxic pesticides.
• Improve Water Quality and Wetlands at Sonoma Creek Marsh ($235,000, in partnership with Audubon California): Enhance 300 acres of tidal marsh within Sonoma Creek marsh by excavating a new channel. Dredged channel material will be used to create wildlife habitat and improved tidal exchange will reduce the need for pesticides used to control mosquitoes.
• Restore Alameda Creek ($181,000, in partnership with Alameda County Resource Conservation District): Establish stream buffers, restore stream channels and riparian corridors, improve grazing practices, and upgrade rural roads in three subwatersheds of Alameda Creek.
• Improve Fish Passage on San Francisquito Creek ($75,000, in partnership with San Mateo Resource Conservation District): Remove Bonde Weir and redesign the creek channel to re-open access to 40 miles of upstream spawning habitat for steelhead.

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 Department of Health Grant To Reduce Mercury Exposure From Fish

The U.S. Environmental Protection Agency has awarded a $1.4 million Great Lakes Restoration Initiative (GLRI) grant to the Minnesota Department of Health (MDH) to reduce mercury exposure risk for women and children who live along Lake Superior’s north shore. Excessive blood mercury levels have been documented in infants in this area. The funding will be used to improve health screening and to develop more effective fish consumption advisories. Over the last three years, the GLRI has provided more than $320 million to clean up toxic contamination in Great Lakes Areas of Concern and to reduce the risks associated with toxic substances in the Great Lakes ecosystem.

The Grand Portage Chippewa Tribe and the Sawtooth Mountain Clinics in Grand Portage and Grand Marais, Minnesota will participate in the MDH project. Physicians affiliated with the clinics will survey consenting female patients of childbearing age about fish consumption and test blood mercury levels. Patients will also be counseled to promote safe fish consumption choices.

The work supported by the grant will build on an earlier EPA-funded study which was completed last year by MDH. In that study, 1,465 newborns in the Lake Superior Basin were tested for mercury in their blood. The study found that 8 % of the infants had mercury levels higher than those recommended as safe by EPA.


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

Great Lakes Restoration Initiative Grants Awarded In Michigan

The U.S. Environmental Protection Agency has announced Great Lakes Restoration Initiative grants for projects in Michigan to improve water quality and reduce excess nutrients that contribute to harmful algal blooms in Great Lakes watersheds, including Lake Erie, Lake Huron and Lake Michigan. The restoration projects in Michigan are:

• $350,000 to the Michigan Department of Environmental Quality For Nutrient Reduction in the River Raisin and Lake Erie Basin: This project will reduce agricultural sources of nitrogen and phosphorus by 30 -50% through the installation of 133 water control structures on 4,000 – 5,000 acres of tilled cropland. Environmental benefits will include a reduction in nitrate and dissolved reactive phosphorus loadings from the treated areas to the River Raisin watershed and the Western Lake Erie Basin. This project builds on an earlier GLRI project which promoted voluntary best management practices designed to reduce nutrients from agricultural operations in the Raisin River watershed.
• $265,980 to the Michigan Department of Agriculture and Rural Development to Reduce Sediment and Nutrients Entering the Western Lake Erie Basin: The Michigan Department of Agriculture and Rural Development will use this funding to increase implementation of effective conservation practices on farm fields to significantly reduce the quantity of sediment and nutrients discharged into the Western Lake Erie Basin. The project will prevent 30,400 tons of sediment, 42 tons of phosphorus and 67 tons of nitrogen from entering Lake Erie tributaries; 176 acres of wetlands will be restored.
• $499,741 to the Grand Traverse Bay Watershed Initiative for the Kids Creek Stormwater Reduction Project: This project will improve water quality on a major tributary to Kids Creek, an impaired stream in the Grand Traverse Bay watershed, by replacing underground culverts and channelized ditches with a natural meandering channel. The new stream channel will eliminate 73,000 square feet of impervious area, establish 27,000 square feet of floodplain and create a 15- to 30-foot-wide buffer. Green infrastructure will also be installed to further reduce stormwater and sedimentation impacts to Kids Creek.
• $995,204 to the Michigan Department of Environmental Quality for Kawkawlin River Targeted Phosphorus and E. Coli Reduction: This project will implement best management practices (BMPs) identified in the Kawkawlin River Watershed Management Plan. The BMPs include installing six miles of agricultural buffers, 1,700 acres of wind barriers, 1,000 feet of livestock exclusion fencing and planting 6,000 acres of cover crops. This project is expected to prevent E. coli, 15,491 pounds of phosphorus (30 % of the load reduction goal for the watershed) and 10,921 tons of sediment from reaching Saginaw Bay each year.
• $798,282 to the Muskegon River Watershed Assembly for Restoration of Riparian Areas in the Muskegon River Watershed: This project will reforest more than 400 acres of riparian land, restore 150 acres of streambank using native vegetation, put 150 acres of revegetated or natural riparian land into conservation easements, develop 14 forest stewardship plans and implement proper erosion control best management practices at four riparian sites in high priority sub-watersheds of the Muskegon River. This project is expected to prevent 100 tons of sediment, 1,000 pounds of phosphorus and 6,000 pounds of nitrogen from reaching the Muskegon River, the Muskegon Lake Area of Concern and Lake Michigan each year.
• $189,376 to Michigan State University for Locating and Targeting High-Impact Farm Fields to Reduce Phosphorus Discharges: This project will provide electronic mapping technology to agricultural conservation technicians (such as federal and state natural resource agency employees) that will help the technicians identify and target farm fields that are especially prone to high rates of phosphorus discharge. The technicians can then begin working with the owners of these targeted fields and encourage the implementation of conservation practices such as cover crops and improved management of phosphorus and drainage water. As a result of this project, conservation practice implementation can be focused on farm fields having the greatest impacts on water quality, ultimately resulting in a reduction of soluble phosphorus loading in the Saginaw basin.

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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Industrial Storm Water Training: Eagan, Minnesota Nov 30, 2012

Complying with Minnesota Industrial Stormwater Requirements
Eagan, MN
Friday, November 30, 2012

This full day training seminar will cover the requirements of the Minnesota Pollution Control Agency (MPCA) Multi-Sector General Permit (MSGP) for industrial storm water discharges. The course will begin with a discussion of the regulation of stormwater discharge under the Federal Clean Water Act, and then the specific requirements under the MPCA industrial permit, issued in 2010. This will include sector specific requirements, use of benchmark monitoring, effluent guideline monitoring and corrective action requirements. The morning session will include a discussion of additional requirements for stormwater discharges to impaired waters and other special waters identified in the MSGP.

The afternoon session will focus on implementing best managemt practices and development of a stormwater pollution prevention plan (SWPPP) at individual facilities. This will include a discussion of monitoring and reported requirements to comply with the Minnesota MSGP.

For more information or to register, go to:
Training Seminar - Complying with Minnesota Industrial Stormwater Requirements, November 30, 2012

Agenda

Industrial Stormwater Laws and Regulations

• Federal Clean Water Act overview
• Application of Clean Water Act to stormwater discharges

Minnesota industrial stormwater permitting process

• Overview of permit requirements
• Industrial sector-specific requirements
• Benchmark monitoring/effluent monitoring
• Corrective action triggers

Application of Rules/Permit to Individual Facilities

• Impaired waters/TMDLs
• Nondegradation/antidegradation requirements
• Special waters
• Wetlands
• Industrial sites with potential soil/groundwater contaminants
• Local and regional requirements

Creating Stormwater Pollution Prevention Plan (SWPPP)

• Complying with stormwater control measure requirements
• Describing facility
• Providing assessment of activities and materials
• Modification and reporting requirements
• Availability requirements
• Construction site runoff control

Implementing Best Management Practices (BMPs)

• BMPs to achieve “no exposure”
• Stormwater reduction
• Reuse of stormwater
• Stormwater control/management
• Structural BMPs for treating stormwater
• Contingency planning for extreme weather

Sampling and Annual Reporting

• Setting up monitoring procedures
• Collecting and evaluating samples
• Submitting annual reports
• Modifying BMPs

US and Canada Amend Great Lakes Water Quality Agreement

U.S. Environmental Protection Agency and Canada’s Minister of the Environment have signed the newly amended Great Lakes Water Quality Agreement. The agreement, first signed in 1972 and last amended in 1987, is binational effort to protect the world’s largest surface freshwater system and the health of the surrounding communities.

The revised agreement will facilitate United States and Canadian action on threats to Great Lakes water quality and includes measures to anticipate and prevent ecological harm. New provisions address aquatic invasive species, habitat degradation and the effects of climate change, and support continued work on existing threats to human health and the environment in the Great Lakes Basin such as harmful algae, toxic chemicals, and discharges from vessels.

The overall purpose of the Agreement is “to restore and maintain the chemical, physical and biological integrity of the waters” of the Great Lakes and the portion of the St. Lawrence River that includes the Canada-United States border. Both governments sought extensive input from stakeholders before and throughout the negotiations to amend the Agreement. Additionally, the amended Agreement expands opportunities for public participation on Great Lakes issues.

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

Ohio Proposes Changes To Water and Wastewater Treatment Plant Operator Exams

The Ohio EPA has proposed rules that will eventually allow a third party provider to sponsor and administer certifications exams for Water and Wastewater treatment plant operators. By using the third party, Ohio EPA hopes to provide examinations more often, in more locations throughout the state, using computer based testing. The Agency also believes that by using the third party, the pool of questions will expand and the third party will be responsible for verifying the validity of those test questions.

The cost of the third party administration may be passed on to applicants in the form of higher fees. In the interim, State-Sponsored exams will continue to be held twice per year in order to give operators the choice of the computerized approved exam-provider or the additional state examination. The Ohio EPA hopes to eventually eliminate the state sponsored exam and rely solely on the examinations provided by the approved exam provider.

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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Revisions To Oklahoma Water Quality Standards

The Oklahoma Water Resources Board (OWRB) Water Quality Programs Division is currently planning the 2012 triennial revision of Oklahoma’s Water Quality Standards (OAC 785:45) and the Implementation of Oklahoma’s Water Quality Standards (WQS) (OAC 785:46). In contrast to previous interim revisions, this revision may consider all aspects of the WQS document. OWRB has already announced that it is currently planning revisions to the human health criteria.

OWRB is requesting public input on any additional revisions stakeholders believe should be considered. Because is the first time the entire WQS document has been completely opened since 2009, OWRB anticipates a significant number of revision requests. Informal meetings will be held on the following dates, to discuss the potential revision topics in the Board Room at the OWRB Oklahoma City office.

• Friday, September 14, 2012, 9:30 A.M.
• Thursday, October 11, 2012, 2:00 P.M.

The meetings will be followed with a formal Notice of Rulemaking Intent, formal proposed language, a Rule Impact Statement, a formal comment period from mid-November through December 2012 and a formal public hearing in January 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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San Francisco Bay Delta Estuary Action Plan Released

The U.S. Environmental Protection Agency has released an Action Plan that proposes seven measures for improving water quality, restoring aquatic habitat, and improving the management of the San Francisco Bay Delta Estuary. The release of the Action Plan follows the agency’s analysis concluding that existing federal and state water quality programs are not adequately safeguarding the ecosystem.

The Action Plan responds to findings and recommendations made following EPA’s Advance Notice of Proposed Rulemaking in 2011 that sought public input on the effectiveness of existing federal and state water quality protection programs. The Action Plan prioritizes the following seven actions to be pursued in partnership with the State Water Resources Control Board, the Regional Water Boards for the Central Valley and San Francisco Bay, the California Department of Pesticide Regulation, and numerous other state and federal agencies:

• By 2013, propose a standard for selenium discharges from cities, farms, and oil refineries;
• By 2013, achieve organophosphate pesticide water quality goals in Sacramento County urban streams;
• By 2014, set new estuarine habitat standards, including salinity, to improve conditions for aquatic life;
• By 2017 establish a monitoring and assessment program for water quality in the Delta;
• Ensure that EPA’s pesticide regulation program more fully considers the effects that pesticides have on aquatic life;
• Restore and rebuild wetlands and floodplains to sequester drinking water contaminants, methylmercury, and greenhouse gases and make the Delta more resilient to floods, earthquakes, and climate change;
• Support the development and implementation of the Bay Delta Conservation Plan.

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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Wisconsin and Michigan Awarded Great Lakes Restoration Initiative Grants

The U.S. Environmental Protection Agency has awarded seven Great Lakes Restoration Initiative grants, totaling over $2.6 million, to improve water quality at Great Lakes beaches in Michigan and Wisconsin. Projects awarded grant funding include:

• $1 million (two grants of $500,000 each) to the University of Wisconsin Oshkosh to redesign eight Wisconsin beaches to reduce bacteria levels, resulting in fewer swimming bans and beach closures. The beaches are: Red Arrow Park Beach, Marinette; Crescent Beach, Algoma; Red Arrow Park Beach, Manitowoc; Thompson West End Park, Washburn; Grant Park, South Milwaukee; Samuel Myers Park, Racine; and Simmons Island and Eichelman Parks, Kenosha.
• $179,700 to the City of Marquette, Michigan, to lower health risks and to improve water quality at two Lake Superior beaches in Marquette by using green management practices to reduce contamination.
• $500,000 to the City of Marysville, Michigan, to install rain gardens and other green infrastructure to reduce contaminated stormwater runoff and to deter geese at Chrysler Beach on the St. Clair River.
• $500,000 to the Huron-Clinton Metropolitan Authority for green infrastructure to reduce contaminated stormwater runoff at Lake St. Clair Metropark (Metro Beach.)
• $217,015 to the Michigan Department of Environmental Quality to construct rain gardens, plant native grass and install a filtration system to improve water quality and reduce health risks at Sherman Park and Four Mile beaches in Sault Ste. Marie.
• $263,188 to the Michigan Department of Environmental Quality to build a green stormwater infiltration system at New Buffalo City Beach to reduce bacteria and nutrient levels.

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 Tennessee Rules On Biosolid Land Application

The Tennessee Water Quality Board has initiated the rulemaking process to promulgate rules for the land application of biosolids. Biosolids are solid organic matter recovered from a sewage treatment plant and used especially as fertilizer. Biosolids are currently regulated under 40 CFR Part 503. However, the State of Tennessee has no authority to enforce 40 CFR Part 503. EPA-Region 4 is the permitting authority per Part 503, but has had a very small presence in Tennessee since the promulgation of 40 CFR Part 503 in 1993.

The requirements of the proposed Tennessee rules are similar to 40 CFR Part 503 for the land application of Class B biosolids. In order to land apply Class B biosolids under 40 CFR Part 503, a level of pathogen reduction and vector attraction reduction option must be achieved and the concentrations of certain metals (pollutants or contaminants) must not exceed safe levels. With regard to pathogen reduction, vector attraction reduction and metal concentrations, the requirements of these proposed rules for the land application of Class B biosolids are the same as the requirements in 40 CFR Part 503.

The monitoring frequency, the recording keeping and reporting requirements are also the same, except that the proposed rules provide specifics for the agronomic rate calculation and add a few more setbacks to ensure protection of the waters of the state. There are no fees associated with the biosolids rules and general permit for the land application of Class B biosolids.

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Grant To Louisiana Coastal Protection and Restoration Authority

The Environmental Protection Agency has awarded the Louisiana Coastal Protection and Restoration Authority (CPRA) $100,000 to reduce hypoxia in the Gulf of Mexico. The funds will be used to develop a statewide nutrient reduction strategy for Louisiana which adopts strategic elements identified in action plans of the Gulf of Mexico Alliance and the Gulf of Mexico Hypoxia Task Force.

Because of the devastation of hurricanes Katrina and Rita in 2005, the Louisiana Legislature restructured the state's Wetland Conservation and Restoration Authority to form the CPRA. The CPRA is the single state entity with authority to articulate a clear statement of priorities and to focus development and implementation efforts to achieve comprehensive coastal protection for Louisiana.

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Water Quality Based Effluent Limitations for Phosphorus Approved

US EPA has approved the program in Wisconsin to control the discharge of phosphorus to surface waters. Wisconsin adopted the new subchapter, Wisconsin Administrative Code Chapter NR 217, Subtitle III, “Water Quality Based Effluent Limitations for Phosphorus,” in 2010, but EPA did not approve it until July 25, 2012.

Wisconsin's program will allow permit holders (such as publicly owned treatment works, or POTW) to meet phosphorus discharge requirements through partnership arrangements with others who release phosphorus. Permit holders can make such arrangements to achieve phosphorus reductions more economically. This will allow communities and other permit holders to save money while still ensuring overall phosphorus levels are reduced in the watershed.

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Proposed CAFO Reporting Rule Withdrawn

EPA announced that it is withdrawing a proposed rule that would have required information to be submitted to the Agency about concentrated animal feeding operations (CAFOs). The 2011 proposal was in part a response to a settlement agreement with environmental petitioners in 2010, which required EPA to take final action by July 13, 2012. This final action does not require CAFOs or states to submit information to EPA and EPA's withdrawal of the proposal does not change the number of CAFOs that need permits under NPDES.

The Agency said that although it believes collecting CAFO information is important, an efficient approach that does not duplicate efforts is the appropriate next step. EPA will continue to collect information using existing sources such as state National Pollutant Discharge Elimination System (NPDES) programs and other federal, state, and local programs. This data will help ensure CAFOs are implementing practices that protect water quality.

The October 2011 proposed rule contained several options for gathering information about CAFOs to improve and restore water quality, as well as an option to improve water quality by promoting environmental stewardship and compliance rather than information collection activities. EPA had proposed to collect the following:

• Contact information for the CAFO owner or representative;
• Location of the CAFO production area;
• Whether the CAFO applied for and received coverage under a NPDES permit;
• Identification of each animal type and maximum number of animals confined on the CAFO; and
• At CAFOs that land apply, the number of acres available for land application.

EPA decided not to require self-reporting from CAFOs in part because many CAFOs have provided their information to some governmental entity, although not necessarily to EPA. While EPA may not be the entity that initially received the CAFO information, the Agency said it is reasonable at this time for it to work with states and other federal partners to obtain key information rather than asking CAFOs to re-submit to the EPA information they submitted to another governmental entity. Collecting existing information, evaluating it, and compiling it in one format will better inform the Agency of what additional information needs to be collected and the best way to collect that information in the future, if it is necessary.

Recently EPA established a memorandum of understanding (MOU) with the Association of the Clean Water Administrations (ACWA) to specifically assist the Agency in obtaining information about CAFOs. ACWA is an independent, nonpartisan, non-profit corporation of state and interstate water program managers. This collaborative effort between EPA and ACWA will focus on identifying CAFOs and assisting EPA in obtaining pertinent information about CAFOs on a state-by-state basis.

EPA indicated that it will re-evaluate whether a rule is needed to collect information about CAFOs after seeking to obtain the information from existing sources. If it determines that it is necessary to fill in information gaps, it may use existing tools, such as site visits or individual information collection requests, to collect information — or it may reconsider whether to propose a rule that obtains information from all CAFO 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.

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Missouri DNR Impaired Waters Listing Action

EPA Region 7 has released its proposed decision on Missouri’s 2012 list of impaired waters. EPA is approving Missouri’s listing of 253 waters as impaired, and the removal from the list of 66 water bodies. The Agency is requesting public comment on its proposed decision to restore a total of 10 water bodies and corresponding pollutants to Missouri’s 2012 impaired waters list. The Missouri Department of Natural Resources (DNR) submitted its 2012 impaired waters list to EPA for review and approval. The Clean Water Act and federal regulations require EPA to review the state’s list to determine if the state reasonably considered existing and readily available water quality-related data and information, and reasonably identified waters to be listed.

EPA is proposing to restore several water bodies that were excluded from listing or removed from Missouri’s list. These proposed additions to the list include waters found to be impaired by sediment, bacteria, ammonia and other pollutants. The 60-day public comment period on EPA’s proposed decision begins today. The comment period ends September 12, 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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Water Quality Monitoring Grant To Nebraska Tribe

EPA Region 7’s Office of Tribal Affairs has awarded a $39,942 performance partnership grant to the Santee Sioux Nation of Nebraska to support the tribe’s water quality monitoring and protection efforts. EPA’s grant, expressed through a cooperative agreement, provides administrative flexibility and support to the tribe’s Office of Environmental Protection, which has conducted water quality monitoring under the federal Clean Water Act since 1996.

Under this grant, the tribe will continue to monitor groundwater, fish tissue, wetlands, streams and ponds on the reservation. The Office of Environmental Protection will analyze data to identify issues of interest or concern for future monitoring, and will use data to inform the tribal council and its people on the water quality of the reservation.

EPA provides financial assistance to states and tribes to help them implement environmental programs. States and tribes may receive these funds in individual environmental program categorical grants, or choose to combine grants in a performance partnership grant (PPG). PPGs, such as the one awarded to the Santee Sioux Nation of Nebraska, streamline administrative requirements, give states and tribes greater flexibility to direct resources to their most pressing environmental problems, and make it easier to fund efforts that cut across program boundaries. The Santee Sioux Nation of Nebraska is one of nine federally recognized tribes within EPA Region 7.


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 Findings On Review Of Iowa DNR CAFO NPDES Program

The US Environmental Protection Agency (EPA) has issued initial findings from an informal investigation of the Iowa Department of Natural Resources’ (IDNR) permit program for concentrated animal feeding operations (CAFOs) and has identified several correctable deficiencies. EPA’s investigation was carried out in response to a petition for withdrawal of the National Pollutant Discharge Elimination System (NPDES) program authorization from IDNR that was filed in 2007 by the Iowa Citizens for Community Improvement, Sierra Club and the Environmental Integrity Project. Federal regulations allow interested parties to file these petitions when they are concerned that a state is not meeting the minimum NPDES program requirements.

EPA’s initial findings identify deficiencies in IDNR’s NPDES program that the state agency will need to correct. Among others, EPA found that IDNR does not have an adequate program to assess whether unpermitted CAFOs need NPDES permits. The findings also note that IDNR must clarify its authority to issue NPDES permits to confinement (roofed) CAFOs that discharge. EPA also found that in a number of cases involving Clean Water Act (CWA) violations, IDNR failed to take timely and adequate enforcement actions, and assess adequate penalties.

The issuance of the initial report is the first step in the process in which EPA will work with IDNR to correct the deficiencies. EPA has asked that IDNR provide a written response to the report, within 60 days, describing the actions IDNR has taken or will take to correct the deficiencies, including a proposed plan and timeline to address the deficiencies. EPA intends to provide an opportunity for the public to comment on IDNR proposals to correct the deficiencies.


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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Approval Of NDEQ New And Revised Water Quality Standards

EPA has completed its review of the Nebraska Department of Environmental Quality’s new and revised water quality standards. EPA’s June 22, 2012, decision letter provides a more detailed description of EPA’s review. The Clean Water Act (CWA) requires states to review water quality standards every three years and submit new or revised standards to EPA for review and approval.

The approved standards include:

• new and revised surface water criteria to protect aquatic life and human health;
• new and revised public drinking water supply criteria;
• numeric nutrient criteria for lakes; and
• new use designations for four lakes.

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 Public Meeting On CAFO Inspections In Nebraska

EPA Region 7 representatives will host a public informational meeting for livestock producers about the Agency’s inspection program for concentrated animal feeding operations (CAFOs) on Monday, July 2, in Lexington, Nebraska. EPA Region 7’s inspections are part of an increased national emphasis on reducing discharges of pollutants from CAFOs into rivers and streams.

Topics at the meeting include:

• selection of CAFOs for inspection,
• aerial overflights to assess CAFOs,
• winter feeding areas,
• manure stockpiling and
• nutrient management plans.

There will be an opportunity for attendees to interact with EPA officials during a question-and-answer session.

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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Reports Released On Condition of Minnesota Wetlands

The Minnesota Pollution Control Agency (MPCA) and the Minnesota Department of Natural Resources (DNR) jointly issued reports on into the prevalence and condition of Minnesota wetlands. The initial survey on wetland quality, which focused on depressional wetlands such as marshes and ponds, showed that the plant communities in nearly half of the wetlands were in poor condition, while aquatic macroinvertebrates (such as aquatic insects, leeches and snails) fared much better.

The two reports provide a comprehensive view of the current status of wetlands in Minnesota. In the northeastern region of the state, the majority of pre-settlement wetlands still exist, and a large percentage are in good condition. However, in the western and southern parts of the state, where many wetlands have been lost, those that remain are generally in poor condition.

Findings of the survey included:

• Minnesota has 10.6 million acres of wetlands, which comprise 19.7 % of the state’s land cover, not counting deep lakes and rivers.
• Plant communities are in good condition in only 29 % of Minnesota’s depressional wetlands, while 25 % are in fair condition and 46 percent are in poor condition.
• Macroinvertebrate communities are in better condition with estimates of 47 % good, 33 % fair, and 20 % poor.
• Forested wetlands make up 4.4 million acres and are the most common wetland type in Minnesota, followed by emergent wetlands (shallow marshes, wet meadows), shrub swamps, and deep marshes/ponds.

In 2006, the State started the wetland monitoring program to assess status and trends of both wetland quantity and quality. Sampling for both the wetland quantity and quality monitoring programs is done on a repeating, multi-year cycle.

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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Kansas KDHE Impaired Waters List Approved

In a June 5, 2012, decision letter, EPA has approved the Kansas list of impaired waters, which removes 561 waters from the previous impaired waters list and adds 121 waters. This decision brings the total number of impaired waters in the state to 1,330.

The Kansas Department of Health and Environment (KDHE) 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 Kansas include human recreation, agricultural water supply, and maintaining healthy aquatic life.

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MPCA and MDNR Share Pesticide Permit Requirements

The Minnesota Pollution Control Agency (MPCA) will use the Minnesota Department of Natural Resources' (DNR) aquatic plant management permit to fulfill Clean Water Act requirements on application of aquatic pesticides to control aquatic plants. Both agencies are working together to make certain that pesticide discharges to waters are controlled to protect aquatic communities and water quality.
During permit writing, MPCA found that the Aquatic Plant Management (APM) program administered by the DNR is sufficient to control the discharge of pesticides to meet the conditions of the Clean Water Act and the MPCA’s NPDES/SDS Pesticide General Permit. Therefore, APM Permit Holders do not need to submit an eNOI or a permit fee, regardless of size of the activity. MPCA and DNR are working on an Interagency Agreement so Permit Holder information can be shared between agencies.

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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Advisory Board For Great Lakes Restoration Initiative

The U.S. Environmental Protection Agency has announced the creation of an advisory board to support federal agencies with the implementation of the Great Lakes Restoration Initiative and the updated Great Lakes Water Quality Agreement. The new board will provide advice and recommendations to EPA Administrator as federal Interagency Task Force chair.

To form the board, EPA will consider candidates from a broad range of interests including environmental groups, businesses, agricultural groups, funders/foundations, environmental justice groups, youth groups, academia and state, local and tribal representatives as needed. Nominees will be solicited through a Federal Register notice. EPA anticipates that board will be established during summer 2012.

The Interagency Task Force is made up of 16 federal agencies and departments. In 2010 they developed an action plan to implement initiatives in five areas:

1. Cleaning up toxics and toxic hot spot Areas of Concern.
2. Combating invasive species.
3. Promoting near-shore health by protecting watersheds from polluted runoff.
4. Restoring wetlands and other habitats.
5. Raising public awareness, tracking progress, and working with partners.

The plan also establishes annual benchmarks for success and progress.

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 Ambient Water Quality Criteria For Carbaryl

In the May 22, EPA released its final national recommended ambient water quality criteria for carbaryl-2012. The final document establishes pollutant levels for carbaryl in relation to aquatic life. EPA published the draft national recommended water quality criteria for carbaryl in November 2011 and provided the public an opportunity to comment. The Agency developed the aquatic life criteria based on EPA's Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses. The criteria provide guidance to states and authorized tribes in adopting water quality standards for protecting aquatic life and human health. The recommended water quality criteria provide technical information, but are not legally binding.

EPA's national recommended final acute and chronic ambient water quality criteria (AWQC) for protecting freshwater organisms from potential effects of carbaryl is 2.1 mg/L. For the protection of estuarine/marine organisms from potential effects of carbaryl, EPA is recommending a final acute AWQC of 1.6 mg/L. At the present time, there are insufficient data to calculate a chronic AWQC for estuarine/marine organisms.

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Water Quality Standards For Florida Streams and Downstream Protection of Lakes

US EPA has released a Notice of Proposed Rule Making (NPRM) for a rule to address an order by the U.S. District Court for the Northern District of Florida from February 18, 2012 The District Court had remanded to the EPA two portions of its numeric water quality standards for nutrients in Florida that were promulgated and published on December 6, 2010.

This proposed rule will either provide additional justification for the criteria derived or derive different criteria using the reference condition approach for Florida streams and for the derivation of the downstream protective values (DPVs) for unimpaired lakes. The rule will address the likelihood of adverse impact, i.e., imbalance in natural populations of aquatic flora and fauna, occurring at concentrations greater than the stream criteria and the DPVs for unimpaired lakes.

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Court Upholds State Water Quality Standard For Sulfate

A Ramsey County, Minnesota Judge has dismissed claims regarding the Minnesota State Water Quality Standard for sulfate, which alleged the state's sulfate standard, enacted based on 1940s research, was unfounded, based on poor science and overly restrictive, especially for the state's mining industry. The Minnesota state water quality standard was developed in 1973, primarily to protect areas where wild rice would grow. Data available to the State suggested wild rice was particularly sensitive to sulfate. The state set a standard of 10 milligrams per liter in order to protect naturally occurring stands of wild rice in northern lakes and streams permitted discharges. The Court ruled that the Wild Rice Rule does not violate due process and the law is not constitutionally vague.

In February 2010, the EPA commented the MPCA environmental review of a proposed $600 million copper-nickel mine, citing its view that the state disregarded for its own sulfate standard. A second environmental review of the project is now underway that will include its potential impact on wild rice.

The Minnesota Legislature considered legislation in 2011 that would loosen the sulfate standard in advance of a planned scientific review. However, EPA sent the Legislature a sharp rebuke, reinforcing that the state had to follow the federal Clean Water Act, which requires scientifically valid standards. In lieu of setting a new standard by legislative action, the Legislature passed a law requiring that the MPCA form an advisory group to oversee a scientific study of sulfates and wild rice, which is now underway.

Caltha LLP provides expert consulting services to public and private sector clients in Minnesota and nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.
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Updated National Wetland Plant List Released

The U.S. Army Corps of Engineers (USACE) has released the updated National Wetland Plant List (NWPL). This national list of wetland plants by species and their wetland ratings provides general botanical information about wetland plants and is used extensively by federal and state agencies, the scientific and academic communities, and the private sector in wetland delineations and the planning and monitoring of wetland mitigation and restoration sites.

In the early 1980s, the four primary federal agencies with responsibilities for wetlands (USACE, EPA, U.S. Fish and Wildlife Service (FWS), and Natural Resources Conservation Service) agreed to assemble panels of wetland ecologists and botanists to review and revise a national wetland plant list for the U.S. and U.S. territories. The NWPL released today will replace the FWS 1988 National List of Plant Species that Occur in Wetlands.

The 2012 NWPL will be used in any wetland delineations or determinations performed after June 1, 2012. The 2012 NWPL may be used in delineation/determination forms prior to that date, and should be referenced on any data forms used in the wetland delineation/determination if used.

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Changes Proposed To Iowa Sewage Disposal Rules

The Iowa Environmental Protection Commission has approved a Notice of Intended Action for IAC567-Chapter 69, “Private Sewage Disposal Systems” and IAC567-Chapter 68, “Commercial Septic Tank Cleaners”. The proposed changes to Chapter 68 are response to the passage of Senate File 321 (2011) which amended Iowa Code 455B.172 to include language relating to the disposal of wastewater from on-farm food processing facilities. The changes to Chapter 69 result in part from the passage of House File 2437 (2010). This bill modified Iowa Code 455B.172 (11) to simplify and provide clarity to the time of transfer septic system inspection requirements. Other minor changes are also proposed including renewal of the NPDES General Permit #4 for legally discharging private sewage systems.

Written suggestions or comments on the proposed amendments are being accepted through May 1, 2012. Public hearings will be held at the several locations in Iowa on April 12-19.

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