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.

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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.

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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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