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]

Indiana Revision To Rules On POTW Interference By Industrial Discharges

Indiana Department of Environmental Management (IDEM) has proposed a revision to State rules related to industrial pretreatment of wastewater. The pretreatment rules apply to industrial wastes being discharged to a Publically Owned Treatment Works, or POTW. The existing definition of "interference" in State rules is more stringent than the federal definition. IDEM is proposing to amend 327 IAC 5-17-11 to be consistent with 40 CFR 403.3(k).


Existing state rule at 327 IAC 5-17-11 defines "interference" as occurring if one of three listed conditions occurs at the POTW due to a discharge or discharges from other sources. The listed conditions include a discharge or discharges that:

• inhibit or disrupt the POTW,
• cause a violation of any of the POTW's NPDES permit requirements, and
• prevent the use of the POTW's sewage sludge or its sludge disposal method.

The federal definition of "interference" ties the conditions and causing a violation of any requirement of the POTW's NPDES permit together so that all have to occur before interference has occurred


The rule change was preliminarily adopted on 08/10/2016, however an effective date is yet to be determined.




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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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

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.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Effluent Limitations Guidelines and Standards For Coalbed Methane

EPA is considering an amendment to the oil and gas effluent guidelines that will establish requirements for discharges from the extraction of coalbed methane, a type of natural gas. Extraction of coalbed methane involves pumping out groundwater from underground coal formations.

Regulatory development will include a review of current treatment technologies, costs, economic impacts, and an environmental assessment in establishing effluent limitations guidelines and standards (ELGs) for the coalbed methane industry. Effluent limitations based on such ELGs would be incorporated into National Pollutant Discharge Elimination System (NPDES) permits and control mechanisms for discharges to Publicly Owned Treatment Works (POTWs).

EPA expects to publish draft effluent guidelines in June 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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EPA Effluent Guidelines Program Priorities Published

The U.S. Environmental Protection Agency (EPA) has announced its final 2010 Effluent Guidelines Program Plan (Plan), published at 76 Fed. Reg. 66286 (October 26, 2011) and has requested public review and comments.

EPA plans to develop effluent guidelines and standards for the discharge of wastewater from the Coalbed Methane Extraction (CBM) industry. It will also develop pretreatment requirements for discharges of mercury from the Dental industry, and for the discharges of wastewater from the Shale Gas Extraction (SGE) industry.

In addition, the EPA will initiate a preliminary category review for the cellulosic products segment of the Plastics Molding and Forming industrial category. EPA has also concluded that estimated toxic-weighted pollutant discharges of lead from the Pulp, Paper, and Paperboard industrial category need further investigation.

Finally, EPA identified the need for additional data review as part of the 2011 annual review for three industrial categories: Mineral Mining and Processing; Landfills; and Waste Combustors.

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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Draft General Permit for Infrequent Discharges in Arizona

The Arizona Department of Environmental Quality (ADEQ) has released its proposed General Permit for Infrequent Discharges (AZGP2011-001). This general permit can be used by a limited type of wastewater dischargers. The permit is applicable only to secondary treated effluent discharges from domestic wastewater treatment facilities with a design flow of less than 20 million gallons per day (mgd). Infrequent discharges are routine discharges that occur no more frequently than twice per calendar year with a duration of no more than 14 consecutive days and at least 30 days between discharges. Emergency discharges at these facilities would occur no more than three times per permit term with a duration of no more than 14 consecutive days per discharge event. It is estimated that only 20 to 40 facilities in Arizona will meet the definition of an infrequent discharger.

The draft permit includes technology-based effluent limitations, monitoring requirements, including whole effluent toxicity (WET) testing, and reporting requirements similar to other AZPDES permits.

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

Annual Treatment Area Thresholds In Proposed ADEQ Pesticide Application Permit

In December 2010, the Arizona Department of Environmental Quality (ADEQ) released a proposed general permit applicable to point source discharges of pesticides to the waters of the State (Permit No. AZG2011-001). This permit applies to pesticide application on or near surface waters in Arizona.

Read a summary of the proposed ADEQ general permit for application of pesticides


Read background on pesticide permitting requirements


Operators required to submit an NOI that meet or exceed the annual threshold(s) must comply with the Integrated Pest Management (IPM) Practices listed in the permit. In addition, operators that exceed annual thresholds also prepare and implement a Pesticide Discharge Management Plan (PDMP).

The Annual Treatment Area Thresholds proposed by ADEQ in the draft permit are:

Mosquitoes and Other Flying Insect Pests: 640 acres of treatment area

Aquatic Weed and Algae Control:

In Water: 20 acres of treatment area

At Water’s Edge: 20 linear miles of treatment area at water’s edge

Aquatic Nuisance Animal Control:

In Water: 20 acres of treatment area

At Water’s Edge: 20 linear miles of treatment area at water’s edge

Forest Canopy Pest Control: 640 acres of treatment area

Discharges to impaired waters or Outstanding Arizona Waters: Any amount

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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Steam Electric Effluent Limitations Guidelines for Steam Electric Power Category

EPA is currently in the process of reviewing and revising technology-based effluent guidelines that apply to steam electric power plants.

The steam electric effluent guidelines apply to steam electric power plants using nuclear or fossil fuels, such as coal, oil and natural gas. In a study completed in 2009, EPA concluded that the current regulations, which were last updated in 1982, do not adequately address the pollutants being discharged and have not kept pace with changes that have occurred in the electric power industry. EPA has indicated that the rulemaking will address discharges from ash ponds and flue gas desulfurization (FGD) air pollution controls, as well as other power plant waste streams. Pollutants of concern include metals (e.g., mercury, arsenic and selenium), nutrients, and total dissolved solids. Timeline

The effort to review and revise the Steam Electric Effluent Limitations Guidelines began on December 2009, and EPA currently projects that the amended rules will be finalized in July 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.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Comparison Between NPDES Benchmarks and Effluent Limits

How are "benchmark values" in my NPDES permit different than my "effluent limits"?

Benchmark values differ from effluent limits. In a typical wastewater NPDES permit, limits may be specified for chemical parameters; if any of the limits are exceeded, it becomes a violation of the permit and may be subject to enforcement action.

Benchmark values, in the context of stormwater NPDES permits, are intended to provide a measurement of the effectiveness of the stormwater pollution prevention plan (SWPPP). Exceeding a benchmark does not directly result in a permit violation. However, permits typically require facilities to reevaluate their SWPPP and to take prompt corrective action after a benchmark value is exceeded. Failure to take prompt corrective action if a benchmark value is exceeded can be a permit violation and subject to enforcement action. Multiple exceedances of a benchmark could result in a State requiring that the facility apply for an individual stormwater discharge permit. In this case, legally enforceable stormwater discharge limits may be written into the permit.

Click here for more information on stormwater benchmarks

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