Approval of New Jersey 303(d) Impaired Waters Threatened Waters List

U.S. Environmental Protection Agency has approved the 2010 list of waters in New Jersey that are considered either impaired or threatened by pollutants. An impaired water body is one that does not meet federal water quality standards even after pollution controls have been put in place. A threatened water body is one that is expected to become impaired within two years.

The list specifically includes impaired waters for which the development of a Total Maximum Daily Load, or TMDL, is necessary. The TMDL defines the maximum amount of a pollutant that a water body can receive and still meet water quality standards. They are developed by states and approved by the EPA once the agency determines that the budget will allow the water body to achieve water quality standards. In 2010, new pollutants were included for waters in the basins of the Hudson River, the Passaic River, the Raritan River, the Delaware Bay.

The most common pollutants causing impairment in New Jersey water bodies include PCBs (8.33%), dissolved oxygen (8.19%), phosphorus (7.86%), pH (7.62%), and arsenic (6.89%). New Jersey’s 2010 list identifies 2,112 instances in which a pollutant is causing an impairment of a water body that keeps it from supporting its “designated use” for drinking water, swimming and recreation, fishing or other activities specified by the state. The list also notes the most common sources of water pollutants, which include urban/stormwater runoff, combined sewer overflows from systems that capture both domestic sewage and stormwater, and air pollution, including acid rain.

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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California Water Boards Statewide Mercury Policy

The State Water Resources Control Board and Regional Water Quality Control Boards (Water Boards) are in the early stages of developing a Statewide Mercury Policy to control mercury in California’s waters. The Policy would define an overall structure for adopting water quality objectives; general implementation requirements; and control plans for mercury impaired water bodies.

According to the Water Boards, the first phases of program development will include:

1. Development of water quality standards to protect people and wildlife that eat fish. These could include water quality objectives expressed as concentrations of mercury in the water column or in the tissues of fish; beneficial use designations; and antidegradation provisions
2.Establishment of a control program designed to attain the new water quality objectives in the state’s mercury-impaired reservoirs.

An associated implementation plan will likely include control actions for a variety of point and nonpoint sources, such as runoff from mine sites, atmospheric deposition, and discharges from wastewater treatment plants and urban stormwater. It could also propose changes in approaches to reservoir management that will modify water chemistry to reduce creation of the most biologically available form of mercury and changes in fisheries management practices to limit populations of the types of stocked fish that often have high levels of mercury in their tissues

Future phases may include development of control plans specific to other mercury-impaired water bodies such as creeks, rivers, bays, and estuaries.

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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California Scope Meetings For Statewide Mercury Control Policy

In March, the California State Water Resources Control Board and Regional Water Quality Control Boards will be holding series of California Environmental Quality Act (CEQA) scoping meetings for a proposed Statewide Mercury Control Policy and a Mercury Control Program for Reservoirs.

The meetings will begin at 1 pm at each of the following locations. The Sacramento meeting will be broadcast on the internet.

March 5- Sacramento, State Water Resources Control Board

March 6- Oakland, San Francisco Bay Water Board

March 8- Redding, Caltrans Office

March 12- Riverside, Santa Ana Water Board

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 California Statewide Marine No Discharge Zone

U.S. EPA has approved a California state proposal to ban all sewage discharges from large cruise ships and most other large ocean-going ships to state marine waters along California’s 1,624 mile coast from Mexico to Oregon and surrounding major islands. The action establishes a new federal regulation banning even treated sewage from being discharged in California’s marine waters.

California Senate Bill 771, the Clean Coast Act which prohibits all commercial ships from dumping hazardous waste, sewage sludge, oily bilge water, “gray water” from sinks and showers, and sewage in state waters. SB 771 also required California to petition the federal government for a ‘No Discharge Zone’ to enforce the bill’s anti-dumping provisions.

Under the Clean Water Act, states may request EPA to establish vessel sewage no-discharge zones if necessary to protect and restore water quality. In 2006, following passage of three state statutes designed to reduce the effects of vessel discharges to its waters, the State of California asked EPA to establish the sewage discharge ban. After releasing the proposed rule in 2010, EPA considered some 2,000 comment letters from members of the public, environmental groups, and the shipping industry before finalizing the regulation.

In contrast to prior no-discharge zones under the Clean Water Act, which apply in very small areas, the new ban applies to all coastal waters out to 3 miles from the coastline and all bays and estuaries subject to tidal influence. Other California no discharge zones for ten bays and marinas remain in effect for all vessels. Consistent with the State’s request , the new prohibition applies to all passenger ships larger than 300 tons and to all other oceangoing vessels larger than 300 tons with sewage holding tank capacity.

In addition to the discharge prohibition, other vessel sewage discharges will continue to be regulated under existing Clean Water Act requirements, which generally require sewage to be treated by approved marine sanitation devices prior to discharge. The State is also continuing to implement and strengthen other efforts to address sewage discharges from smaller vessels, including recreational boats, to state waters.

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 Control Rule Revision In Georgia

The Georgia Environmental Protection Division has proposed revisions to water quality control rules. The proposed amendments revise Rule 391-3-6-.20, (Swine Feeding Operation Permit Requirements) and Rule 391-3-6-.21 (Animal (Non-Swine) Feeding Operation Permit Requirements). The rule is being revised to primarily reflect changes in the federal regulations for animal feeding operations and a judicial decision (National Pork Producers Council et al. v. U.S. EPA, Case No. 08-61093, decision filed March 15, 2011). In this decision, the Fifth Circuit Court of Appeals overturned the requirement for Concentrated Animal Feeding Operations (CAFOs) that “propose to discharge” to obtain National Pollutant Discharge Elimination System (NPDES) permit coverage. The result of the Fifth Circuit decision is that only CAFOs that actually discharge are subject to NPDES permit coverage.

The proposed rule amendments to the Swine Feeding Operation Permit Requirements clarify that the rule applies only to swine feeding operations with more than 3,000 animal units. The requirements for smaller swine feeding operations (less than 3,000 animal units), which are the same as those for other livestock, were moved to Rule 391-3-6-.21, Animal Feeding Operation Permit Requirements. The proposed rules also clarify who must obtain a CAFO NPDES permit and defines what constitutes a “Discharge from a CAFO”.

The proposed rule amendments to the Animal (Non-Swine) Feeding Operation Permit Requirements clarify that the rule applies to livestock feeding operations, but does not apply to swine feeding operations with more than 3000 animal units. Proposed rules rename comprehensive nutrient management plans as “Nutrient Management Plans” and require a public comment period for Nutrient Management Plans. Recently US Environmental Protection Agency (EPA) finalized revisions to the National Pollutant Discharge Elimination System (NPDES) permitting requirements for CAFOs, and required that the public have the opportunity for review and comment on nutrient management plans. The rule includes deadlines to submit a Nutrient Management Plan and for operator training and certification.

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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Impact of Revised Water Quality Standards On EPD Impaired Waters List

The Georgia Environmental Protection Division (EPD) has released its draft 303(d) listing (“impaired waters list) for 2012. Some changes in the 303(d) list are due to revisions in water quality standards. Georgia’s 2010 Triennial Review of State water quality standards resulted in the revision of some of the State’s standards. The Georgia Board of Natural Resources adopted these revisions in March 2011, and EPD submitted the revisions to U.S. EPA for approval on November 7, 2011.

The data for the 2012 list was assessed prior to U.S. EPA approval of the Triennial Review changes and therefore did not use revised water quality standards for assessment, but instead used the most recently approved U.S. EPA standards. Should U.S. EPA approve the 2010 Triennial Review before February 29, 2012, then EPD intends to revise the assessments for the 2012 list in accordance with the new standards.

Criteria that were revised in the 2010 Triennial Review that would impact listings decisions on the 2012 list include the removal of the minimum hardness of 25 mg/L that was used in calculating instream criteria for metals and the revision of chlorophyll a criteria for Lake Allatoona.

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

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Georgia EPD Decision On Ocean Acidification Impairment

One of several issued addressed by the Georgia Environmental Protection Division (EPD) in its draft 303(d) listing (“impaired waters list”) for 2012 was related to ocean acidification. EPD received a letter from the Center for Biological Diversity in 2011 that requested EPD to list the oceans off of the Coast of Georgia as being impaired for pH.

As background, U.S. EPA released a memo on November 15, 2010 that provided the States with information and guidance in regards to ocean acidification and State water quality reporting. According to EPA, States should list waters that are not meeting water quality standards (including marine pH) on their 303(d) lists. The memo also acknowledged that information to support listings for ocean acidification may be absent or limited in many states. EPA provided a list of potential data sources for States to examine in making their listing determinations.

In January 2011, EPD requested water quality data and information to be used in the development of Georgia’s draft 2012 305(b)/303(d) List of Waters. No data were provided that demonstrated that the ocean waters off of Georgia’s coast are impaired for low pH based on Georgia’s pH criteria. All available pH data were collected in tidal streams, not in the ocean, which are addressed under the Georgia instream water quality criteria. Therefore, EPD determined that no data were provided that indicated that oceans off of the Coast of Georgia were impaired for pH.

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

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PCB Health Risk Due To Fish Contamination In Donna Reservoir and Canal Superfund Site, Texas

During the week of February 6-12, 2012, representatives from the Environmental Protection Agency (EPA) and the Texas Department of State Health Services (TDSHS) will be in the area of South Alamo, Texas, to speak with residents about the contamination in the Donna Reservoir and Canal. The Donna Reservoir and Canal is an EPA Superfund site located in Hidalgo County in southern Texas just north of the Rio Grande. The site includes the Donna Reservoir, the Donna Main Canal, the West and East Main Canals which extend north from the reservoir, and a series of interconnecting canals.

This effort is being made to provide local residents with information about the health risks of consuming fish taken from the Donna Reservoir and Canal. The possession of contaminated fish taken from the reservoir is prohibited by the TDSHS. The principal pollutants in the reservoir are polychlorinated biphenyls (PCBs). PCBs are a group of synthetic organic chemicals that can cause a number of different harmful effects in humans. The primary risk to human health from PCBs is from suspended sediment in the water and the consumption of contaminated fish. Effects of consumption of contaminated fish may include nausea, vomiting, abdominal pain, skin rashes, acne, and cancer.

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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