The Georgia Environmental Protection Division has proposed revisions to existing rules in the Rules for Water Quality Control at 391-3-6-.03(5)(b) and (c). These proposed changes are intended to clarify certain narrative water quality standards that could apply to all Waters of the State.
The current rules state, in relevant part:
(b) All waters shall be free from oil, scum and floating debris associated with municipal or domestic sewage, industrial waste or other discharges in amounts sufficient to be unsightly or to interfere with legitimate water uses.
(c) All waters shall be free from material related to municipal, industrial or other discharges which produce turbidity, color, odor or other objectionable conditions which interfere with legitimate water uses.
The proposed revisions would modify these sections (as noted in red) as follows:
(b) All waters shall be free from oil, scum and floating debris associated with municipal or domestic sewage, industrial waste or other discharges in amounts sufficient to be unsightly or to unreasonably interfere with the designated use of the water body.
(c) All waters shall be free from material related to municipal, industrial or other discharges which produce turbidity, color, odor or other objectionable conditions which unreasonably interfere with the designated use of the water body.
Comments on the proposed revision are due by January 31, 2018.
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Showing posts with label Georgia. Show all posts
Showing posts with label Georgia. Show all posts
Tuesday, January 2, 2018
Thursday, February 9, 2012
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.
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.
Caltha LLP Aquatic Toxicology / WQ Standards Services Website
Friday, February 3, 2012
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.
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.
Caltha LLP Aquatic Toxicology / WQ Standards Services Website
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.
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.
Caltha LLP Aquatic Toxicology / WQ Standards Services Website
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