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.

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Proposed CAFO Reporting Rule Withdrawn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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