Revisions Proposed To Arizona Wastewater Rules

Arizona Department of Environmental Quality (ADEQ) is currently conducting its the Clean Water Act Triennial Review Rulemaking. The draft rule is make several changes to existing State rules. ADEQ proposes substantial changes to the following areas of the Rule:

• Definitions [A.A.C. R18-11-101]
• Mixing Zones [A.A.C. R18-11-114]
• Variances [A.A.C. R18-11-122]
• Numeric Water Quality Criteria [18 A.A.C. 11, Art. 1, Appendix A]
• E. Coli Numeric Water Quality Criteria [A.A.C. R18-11-109(A)]
• Site Specific Standard Criteria [A.A.C. R18-11-115]
• Enforcement [A.A.C. R18-11-120]
• Listed Site Specific Standards [18 A.A.C. 11, Art. 1, Appendix C]

ADEQ proposes minor technical corrections or clarifications to:

• Antidegradation [A.A.C. R18-11-107]
• Nutrient Criteria Language [A.A.C. R18-11-109(F)]
• Listed Surface Waters and Designated Uses [18 A.A.C. 11, Art. 1, Appendix B]

ADEQ is not proposing to make changes to the following areas of the RUle in this Triennial Review:

• Selenium Numeric Water Quality Criteria [18 A.A.C. 11, Art. 1, Appendix A]
• Outstanding Arizona Waters [A.A.C. R18-11-112]
• Surface Water Definition [A.A.C. R18-11-101]
• Effluent Dependent Water Definition or Applicability [A.A.C. R18-11-101 & A.A.C. R18-11-113]

Minnesota Antidegradation Rules Revised By MPCA

The MPCA has completed rulemaking to replace the existing nondegradation rules found in Minn. R. ch. 7050 with new antidegradation rules. The new rules became effective on November 21, 2016. One of the notable revisions was MPCA changing terms from nondegradation to antidegradation to be consistent with federal regulations, EPA guidance and other states’ rules and implementation procedures.


Some of the key changes to the antidegradation rules are:

• Aligning rules with federal antidegradation regulatory policy and EPA guidance.
• Incorporating two sets of antidegradation standards addressing the differences between individual and general permits.
• Developing procedures specific to the various activities the MPCA regulates.
• Providing clarity regarding the information needed of applicants and sequence of actions taken by the MPCA in making antidegradation determinations.
• Identifing the factors the MPCA considers in conducting reviews.
• Establishing a process for determining the water quality baseline.
• Providing limited exemptions from antidegradation procedures.
• Providing for compensatory mitigation for the loss of existing uses resulting from physical alterations.

Click here for more information on Caltha's Water Quality and Discharge Permitting services.

Permitting of Waste Discharge Permit To Pennsylvania Designated Trout Stream

Caltha LLP Project Summary

Project: Waste Discharge Permit To Pennsylvania Designated Trout Stream
Client: National manufacturer
Location(s): Pennsylvania

Key Elements: Preparation of waste discharge application; Preparation of public notice and local government notification

Overview: This project was to prepare application materials and other required submittals to apply for an NDPES discharge permit for discharge of industrial wastes to a designated cold water fishery in Pennsylvania. Work included sampling and analysis of wastewater discharges and a non-stormwater discharge survey to certify the elimination of all illicit discharges. Permit was issued for discharge which maintained quality of receiving water .

For more information on Caltha LLP services, go to the Caltha Contact Page

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

Water Standards For Selenium Proposed In Kentucky

The Kentucky Division of Water has been conducting the triennial review of the state’s water quality standards since early 2012. Recently, the agency had proposed regulations address a number of changes to the water quality standards and included proposed deletion of the acute water quality criterion for selenium.

The proposal to delete the acute standard was based on the Division’s findings that the current state standard, which was derived from USEPA guidance, was not based on sound science. USEPA Region 4 commented on the proposed deletion and identified three options: (1) leave the current acute criterion in place and wait for release of any revisions to USEPA’s selenium criteria, (2) adopt the acute criterion from USEPA’s current national guidance, or (3) adopt an alternate criterion based on other scientifically defensible guidance.

In response, the Division conducted a survey of recent studies of selenium toxicity to aquatic species and determined that it was appropriate to develop state-specific water quality criteria for selenium. The agency is proposing an acute criterion for warmwater aquatic habitat of 258 ug/L, with an alternate calculation option depending on the sulfate concentration that is present. The proposed chronic criterion for warmwater aquatic habitat is 8.6 ug/g (dry weight) of whole fish tissue or 19.2 ug/g (dry weight) of fish egg/ovary tissue. The analysis of fish tissue is triggered when the water column concentration of selenium exceeds 5.0 ug/L. If the water column result is less than or equal to 5.0 ug/L, the water body is meeting is aquatic life uses. If the water column result is greater than 5.0 ug/L, then the next step is to determine whether the site is attaining the fish tissue or egg/ovary tissue criterion.

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

Changes Considered To Minnesota Water Quality Regulations

The Minnesota Pollution Control Agency is proposing to make some revisions to Minnesota Rules Chapters 7050, 7052 and 7053. The amendments proposed for this rulemaking are the result of the 2008 public review of Minnesota’s water quality standards. The scope of this rulemaking will address six areas of the water quality standards:

1. River Eutrophication — numeric nutrient standards for rivers, streams, the Mississippi River pools and Lake Pepin.
2. Total Suspended Solid (TSS) — replacement of the existing standard for water turbidity with more scientifically accurate, region-specific TSS standards.
3. Human Health Methods — updates to the methods used for establishing the Class 2 chronic water quality standards to protect human health.
4. Process for listing Class 2A waters as cold water communities/trout waters — refine the current basis for classifying Class 2A waters to also include biological information on the aquatic communities.
5. Class 3 Waters — update the basis for identifying Class 3 waters and remove the numeric standards.
6. Other changes to use classifications — regular review and updates to Class 1 and Class 7 Limited Resource Value Waters.

The MPCA anticipates to conduct public informational meetings in Summer 2013 and to publish proposed rules in Fall 2013. Final rules would be effective in Spring 2014

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.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Antidegradation Requirements For Discharges To Wisconsin Impaired Waters

The Wisconsin Department of Natural Resources has released its draft guidance document “TMDL Development and Implementation Guidance: Integrating the WPDES and Impaired Waters Programs” for a 21-day public comment period. In addition to providing a framework for developing and implementing permit limits for discharges to 303d listed impaired waters, the draft guidance also addresses the WDNR approach to antidegradation requirements.

Under the draft guidance, if the new TMDL-derived limit results in an increase in an effective existing limit in a permit, then an antidegradation evaluation is needed. The initial imposition of a water quality-based effluent limit, which include TMDL-derived limits, does not require an antidegradation evaluation as long as the pollutant of concern was previously present in the discharge and the permittee is not proposing an increased load to the receiving water . According to the WDNR, possible exceptions include the initial imposition of a TMDL-derived limit for a discharge to Exceptional and Outstanding Resource Waters, for a bioaccumulative chemical of concern such as mercury when an increased discharge is proposed, and when a change in discharge location is proposed.

With a few exceptions, Wisconsin chapter NR 207 requires an antidegradation evaluation when a new or increased discharge is proposed. Therefore, an antidegradation evaluation is necessary before a TMDL-derived limit, which has been incorporated into a WPDES permit and has become effective, is increased or the TMDL-derived limit replaces a less restrictive effective effluent limit.

Caltha LLP provides expert consulting services to public and private sector clients in Wisconsin and 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

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.
Caltha LLP Aquatic Toxicology / WQ Standards Services Website

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.

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

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

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.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Proposed Indiana Antidegradation Standards and Implementation Procedures Rule

The Indiana Water Pollution Control Board has preliminarily adopted the new Antidegradation Standards and Implementation Procedures Rule prepared by the Indiana Department of Environmental Management (IDEM). The rules are aimed at maintaining existing water quality in all public surface waters, and especially in lakes and streams that have a higher quality of water than minimum standards require. The new rules also provide for opportunities for the public to participate in the review of new or expanding discharges.

The rule requires an evaluation of alternatives before permitting new pollutant discharges above a de minimis level. Although IDEM can not issue permits that allow violations of water quality standards, a new discharge above the de minimis level may degrade the existing water quality. In these cases, a discharger must submit an antidegradation demonstration, and has the opportunity to provide information about the social and economic benefits of the activity producing the new or increased loading, which is evaluated according to state law. In Outstanding State Resource Waters, there is an additional requirement of a water quality improvement project or fee.

Following the preliminary adoption, the proposed rule will be placed on notice in the Indiana Register. A public comment period of at least 21 days will also be held, because the proposed rule has substantially changed from the version of the rule placed on public notice in 2009. IDEM will then consider comments, and make any necessary changes before presenting the proposed rule to the board for final adoption.

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

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

New Antidegradation Requirements In Proposed Wisconsin Stormwater Permits

The Wisconsin Department of Natural Resources (WDNR) has published four of its proposed reissued general permits for storm water discharges. To review a summary of each of the permit, click on the links below:

Tier 1 Industrial Facilities (Permit No. S067849-3);
Tier 2 Industrial Facilities (Permit No. S067857-3);
Recycling of Scrap and Waste Materials (Permit No. S058831-2); and
Dismantling of Vehicles for Parts Selling and Salvage (Permit No. S059145-2).


Some of the key changes reflected in WDNR’s proposed permits compared to the expired permits involve additional requirements placed on facilities that discharge to certain types of water bodies, especially in reference to Wisconsin's antidegradation policy. Some of the key changes are:

Discharges To Outstanding and Exceptional Resource Waters. A facility covered under the permit may not create a new storm water discharge to an Outstanding Resource Water (ORW) or an Exceptional Resource Water (ERW) unless the facility’s storm water pollution prevention plan (SWPPP) is updated to prevent the discharge of pollutants above background levels within the water body.
What are Wisconsin Outstanding Resource Water (ORW) or an Exceptional Resource Water (ERW)?

WDNR defines “new storm water discharge” as a discharge that did not exist before the start date of permit coverage. A new discharge does not include an increase in a storm water discharge to a water body to which the facility discharged on or before permit coverage started.
If a facility has an existing storm water discharge to an ERW, it may not increase the discharge of pollutants that results in a violation of water quality standards. If a facility has an existing storm water discharge to an ORW, it may increase the discharge of pollutants provided that: 1) the pollutant concentration within the receiving water would not increase; and 2) the increased discharge would not result in a violation of any water quality standard.

Discharges To Impaired Water Bodies and Total Maximum Daily Load Requirements: If a facility discharges a pollutant of concern to a listed impaired water body, the pollutant levels in the discharge need to be reduced as much as possible as part of an overall state effort to reduce the pollutant loading to impaired water bodies. The proposed permit requires that an annual check be conducted to determine if the facility discharges listed impaired water body, and to update their SWPPP to reduce the pollutant of concern

Federal law prohibits the issuance of a WPDES permit to a new source or new discharger that will contribute to a violation of a water quality standard in a listed impaired water. For a new facility requesting coverage under the general permit, the DNR will evaluate the proposed new pollutant discharge and receiving water to determine if the above requirement can be met.
The proposed permit also requires that facilities conduct an annual check to determine whether the facility discharges storm water runoff to a water body that has an EPA approved TMDL allocation, and to determine if additional storm water control measures are necessary.

Discharges To Fish and Aquatic Life Waters: Under the general permit, a facility must determine whether its discharges storm water to a fish and aquatic life water as defined in Wisconsin Rules. Most receiving waters in Wisconsin are classified as a fish and aquatic life waters. A facility can not create a new storm water discharge to a fish and aquatic life water unless the storm water pollution prevention plan is designed to prevent the significant lowering of water quality.
What are Wisconsin Fish and Aquatic Life Waters?

Compliance with Runoff Management Performance Standards: Wisconsin Rules specifies post-construction performance standards for new development and redevelopment. A newly constructed or redeveloped industrial facility that is required to meet the post-construction performance standards must describe in its SWPPP the BMPs necessary to maintain compliance with the applicable performance standards.

Discharges To The Great Lakes & Tributaries: Under the proposed permit, discharge of persistent, bioaccumulating toxic (PBT) substances to the Great Lakes waters or their tributaries, must be limited to the maximum extent practicable.

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

Antidegradation Implementation Procedure Training

The Iowa Department of Natural Resources (IDNR) has scheduled Antidegradation Implementation Procedure Training scheduled for Monday, June 28, 2010 in Johnston, Iowa.

Training is intended to provide a better understanding the new Antidegradation Implementation procedures. The training course will go through the new antidegradation implementation procedures, review the example alternative analysis previously released, and answer questions about how to conduct the alternative analysis.

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 Antidegradation Rule - Postponed Implementation

The revised Iowa DNR antidegradation rule was effective on February 17, 2010, but has not yet been submitted to the U.S. Environmental Protection Agency (EPA) for approval. The antidegradation rule states “all unapproved facility plans for new or expanded regulated activities…shall undergo an antidegradation review if degradation is likely in the receiving water or downstream waters following the effective date of the ‘Iowa Antidegradation Implementation Procedure.’”

However, IDNR has decided to begin implementation of the new antidegradation rule after the rule is approved by EPA. Any facility plan not approved by the date EPA approves the antidegradation rule must include an antidegradation analysis if the project would result in degradation. For activities that do not require a construction permit, a National Pollutant Discharge Elimination System (NPDES) permit application or amendment request an antidegradation analysis must be submitted if the activity would result in degradation and if the permit is not on public notice before the date EPA approves the antidegradation rule. According to IDNR, facility plans that have not been approved and NPDES permit applications or amendment requests that have not been placed on public notice will be considered to be incomplete and may be returned to the applicant for completion.

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

TCEQ Proposed Antidegradation Rule

The Texas Commission on Environmental Quality has proposed revisions to its water quality standards, including Chapter §307.5. Antidegradation. These rules apply to all wastewater discharges, including stormwater. The rule establishes the antidegradation policy of the commission which includes a three tier system:

Tier 1. Existing uses and water quality sufficient to protect those existing uses must be maintained. Categories of existing uses are the same as for designated uses
Tier 2. No activities subject to regulatory action are allowed that would cause degradation of waters that exceed fishable/swimmable quality, unless it can be shown that the lowering of water quality is necessary for important economic or social development.
Tier 3. Outstanding national resource waters are defined as high quality waters within or adjacent to national parks and wildlife refuges, state parks, wild and scenic rivers, and other designated areas of exceptional recreational or ecological significance. The quality of
outstanding national resource waters must be maintained and protected.


No discharges can lower water quality to the extent that the Texas Surface Water Quality Standards are not attained. Any discharge of wastewater that would constitute a new source or an increased source of pollution from any industrial, public, or private project or development
are required to provide a level of wastewater treatment consistent with the provisions of the
Texas Water Code and the Clean Water Act. For nonpoint sources of pollution, as necessary, cost effective and reasonable best management practices established through the Texas Water Quality Management Program are to be implemented.


Tier 1 reviews must ensure that water quality is sufficiently maintained so that existing uses are protected. All discharges that could cause an impairment of water quality are subject to Tier 1 reviews. If the existing uses and criteria of a potentially affected water body have not been previously determined, then the antidegradation review must include a preliminary determination of existing uses and criteria.

Tier 2 reviews apply to all discharges that could cause degradation of water quality where water quality exceeds levels necessary to support propagation of fish, shellfish, wildlife, and recreation in and on the water (fishable/swimmable quality). Tier 3 reviews apply to all discharges that could cause degradation of outstanding national resource 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.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

State Antidegradation Policies - New or Expanded Discharges

Over recent years, much attention has been placed on State policies and procedures regarding impaired waters, 303d listing, and TMDLs. However, State Antidegradation Policies can be as significant, and in many cases can affect significantly larger number of dischargers.

In essence, the two regulatory programs address two subsets of "waters of the State" 1) those that currently do not meet their water quality standards, and 2) those that do currently meet standards. Impaired Waters Programs address waters that do not meet their respective water quality standards. Studies and implementation plans ("TMDLs) are required to move these impaired waters back into compliance.

In contrast, Antidegradation policies or programs address waters that current meet their respective standards. In this case, policies or rules are in place to assure that NEW or EXPANDED discharges to these waters do not result in an unacceptable degradation in water quality (even if still below water quality standards). Antidegradation policies will generally set thresholds for new or expanded discharges above which Antidegradation Reviews may need to be conducted before the discharge is permitted.

One of the complicating factors in antidegradation policies is the application to stormwater discharges which require an NPDES permit. Typically the antidegradation policy thresholds are not expressed in units that are easily applied to stormwater discharges. For example, an existing industrial facility which has a permit to discharge stormwater expands its truck parking area, which technically increases flow. Depending on the specific requirements of the State's antidegradation policy, this increase may require an antidegradation review.

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

State Water Quality Standards - Site Specific NPDES Permit Limits

Setting water quality standards (also known as “ambient water quality criteria, or AWQC”) is one of three elements of a typical State water pollution control program under the Clean Water Act.

1. Designating uses of water bodies
2. Establishing water quality standards to meet designated uses
3. Waste discharge permit / NPDES permits

States will also have policies or rules that are used to assure that water bodies that do not meet their water quality standards (“impaired waters”) are brought back into compliance, and policies or rules to assure that water bodies currently meeting standards are not allowed to be significantly degraded (“antidegradation or nondegradation policy”).

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 is often asked to participate as a “specialty consultant” on larger project teams, bringing our expertise in water quality standards and setting of NPDES permit limits.

[See a map showing States where Caltha LLP worked in 2008]

To request further information on water quality standards consultant services for individual States, click on a State below:

Alabama Water Quality Standards
Alaska Water Quality Standards
Arkansas Water Quality Standards
California Water Quality Standards
Connecticut Water Quality Standards
Florida Water Quality Standards
Georgia Water Quality Standards
Illinois Water Quality Standards
Indiana Water Quality Standards
Iowa Water Quality Standards
Kansas Water Quality Standards
Kentucky Water Quality Standards
Louisiana Water Quality Standards
Maine Water Quality Standards
Massachusetts Water Quality Standards
Michigan Water Quality Standards
Minnesota Water Quality Standards
Mississippi Water Quality Standards
Nebraska Water Quality Standards
Nevada Water Quality Standards
New Jersey Water Quality Standards
New York Water Quality Standards
North Carolina Water Quality Standards
North Dakota Water Quality Standards
Ohio Water Quality Standards
Oklahoma Water Quality Standards
Oregon Water Quality Standards
Pennsylvania Water Quality Standards
South Carolina Water Quality Standards
South Dakota Water Quality Standards
Tennessee Water Quality Standards
Texas Water Quality Standards
Utah Water Quality Standards
Virginia Water Quality Standards
Washington Water Quality Standards
Wisconsin Water Quality Standards

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Stormwater Antidegradation Requirements for Tier 2, 2.5, 3 Waters

The US EPA Multi-sector General Permit promulgated in 2008 (“MSGP-2008”) includes antidegradation requirements that apply to new and/or expanded discharges of stormwater from regulated industrial sites.

[What is an Antidegradation Policy?]

EPA’s approach to antidegradation requirements is based on three categories of “special” waters – Tier 2, Tier 2.5 and Tier 3.

[Read more about how Stormwater Antidegradation Tiers are defined]

Requirements:

Tier 2. For new or existing dischargers to Tier 2 waters, the discharger is required to notify US EPA prior to making changes at the site which “qualify the facility as a new source or that could significantly change the nature or significantly increase the quantity of pollutants discharged”. EPA may notify the facility that additional analyses, control measures, or other permit conditions are necessary to comply with the applicable antidegradation requirements, or notify the facility that an individual permit application is necessary.

Tier 2.5. Same requirements as Tier 2.

Tier 3. New or existing discharges to Tier 3 waters can not be permitted under the MSGP-2008.

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

Proposed Antidegradation Policy - Extension of DNR Comment Period

The Iowa Department of Natural Resources (DNR) has extended the public comment period on the proposed antidegradation rules to March 4.

Antidegradation policy is one of the three components of Iowa water quality standards - 1) designated uses, 2) water quality criteria to protect those uses, and 3) antidegradation policy. The Iowa DNR is proposing a four-tiered approach, including creating a guidance document that establishes procedures for implementing the antidegradation policy.

The changes being proposed include the following:

1. Incorporate by reference the document entitled “Iowa Antidegradation Implementation Procedure,” which proposes an approach to be followed in assessing and minimizing degradation of Iowa’s surface waters


2. Update antidegradation policy language with four tier approach, and


3. Remove High Quality (Class HQ) and High Quality Resource (Class HQR) designated uses and add several waters to the newly proposed Outstanding Iowa Water (OIW) category.
   

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