Denial of Permit Waiver Application For City WWTP

EPA is proposing a draft decision to deny the extension of a waiver of Clean Water Act requirements that has allowed the City of Gloucester to discharge wastewater receiving only primary treatment from its wastewater treatment facility into Massachusetts Bay. The reason for the waiver denial is a failure to meet the current permit limits, including whole effluent toxicity (WET), oil and grease, and fecal coliform bacteria. EPA is releasing for public review and comment the draft intention to deny this waiver request and issue a permit with secondary treatment-based limits, and will accept comments on Dec. 4, 2010.

Gloucester has applied to EPA for reissuance of a waiver of Clean Water Act secondary treatment requirements, which would authorize continued discharge or primary effluent from the Gloucester Water Pollution Control Facility to Massachusetts Bay. Gloucester is the only major discharger in Massachusetts that currently holds such a waiver. The Gloucester discharge is to Massachusetts Bay, within the North Shore Ocean Sanctuary, as established by the Massachusetts Ocean Sanctuaries Act. The Commonwealth has designated the water as “Class SA,” the highest of the three marine water quality classifications.

The current permit has been in effect since 2001. The upgrade from primary to secondary treatment at the Gloucester Water Pollution Control Facility will require extensive planning and design, and will also require the commitment of significant financial resources. EPA and the Massachusetts Department of Environmental Protection (MassDEP) are moving forward with the new draft permit recognizing that it will need to establish a reasonable compliance schedule for the treatment plant upgrade.

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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Additonal No Discharge Areas Proposed For MA North Shore

EPA is considering a proposal from the Commonwealth of Massachusetts to designate the remaining coastal waters of the North Shore as a “No Discharge Area.” If approved, discharges of treated and untreated boat sewage would be prohibited within the town boundaries of Gloucester, Rockport, Essex, Ipswich, Rowley, Newbury, Newburyport, Salisbury, Amesbury, West Newbury, Merrimac, Groveland, North Andover, Haverhill, Methuen, and Lawrence.

The Massachusetts Coastal Zone Management (MA CZM) has petitioned EPA to approve the No Discharge designation, with the town’s concurrence. EPA has in turn published the request in the Federal Register and will accept public comments on the proposal for 30 days, ending on June 20, 2010.

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

Boat No Discharge Area Proposed In Massachusetts

EPA is considering a proposal from the State of Massachusetts to designate the coastal waters of Pleasant Bay/Chatham Harbor as a “No Discharge Area.” If approved, discharges of treated and untreated boat sewage would be prohibited within the town boundaries. The proposed area is roughly 9,000 acres and is an Area of Critical Environment Concern (ACEC.)

The Massachusetts Coastal Zone Management (MA CZM) and the Pleasant Bay Resource Management Alliance has petitioned EPA to approve the No Discharge designation. Before EPA will endorse a No Discharge Area designation for any area, the applicant must demonstrate that there are enough “pumpout” facilities where boaters can get their sewage holding tanks pumped out. EPA has published the request in the Federal Register and will accept public comments on the proposal for 30 days, ending on June 7, 2010.

Other areas in New England already designated as No Discharge areas include:

• All state marine waters of Connecticut, Rhode Island, and New Hampshire;
• In Massachusetts: Harwich, Waquoit Bay, Nantucket Harbor, Wellfleet, Barnstable, and Buzzards Bay (including Wareham and Westport), Plymouth/ Duxbury/ Kingston area, Marshfield/ Scituate/ Cohasset, Salem Sound, Boston Harbor, Cape Cod Bay, and Revere/Saugus/Lynn/Nahant/Swampscott;
• In Maine, Boothbay Harbor, Casco Bay, Kennebunk/Kennebunkport/Wells, Southern Mount Desert area and Camden/Rockport/Rockland
  

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

Mercury Limits On Industrial Wastewater Discharge

Massachusetts Department of Environmental Protection (MassDEP) restrictions on mercury discharges to municipal sewer systems go into effect on May 1, 2009. These rules, promulgated under the Massachusetts Mercury Management Act (314 CMR 7.05) limit the maximum concentration of mercury in sanitary sewer discharges from industrial users to less than 1 ug/L (1 ppb). By July of 2007 all dischargers were to have determined possible sources of mercury in their discharges and have taken reasonable steps to eliminate them.

[What is 1 ug/L (parts per billion) mercury equivalent to?]

This restriction is one element of the Massachusetts Mercury Management Act, passed in 2006. In addition to placing numeric limits on the mercury concentration in industrial discharges, the Act required:

• Specific mercury-containing devises cannot be sold in Massachusetts beginning May 1, 2008
• Labeling of mercury-containing products required by May 1, 2008
• Schools are prohibited from purchasing mercury-containing products for classroom use beginning on Oct. 1, 2008
• Manufacturers must disclose mercury content in allowable mercury-containing devises sold to healthcare facilities
• Prohibition on the disposal of mercury or mercury-containing devices in trash or wastewater

Caltha LLP provides expert consulting services to public and private sector clients nationwide with specialized expertise in assessment of mercury impacts, mercury pollution prevention plans and compliance with mercury limits and standards.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website