Drinking Water Guidance Values To Be Reviewed In 2018

The Minnesota Department of Health (MDH) re-evaluates all human health risk guidance values developed since 2008 on a routine basis to keep existing health-based guidance values up to date with the most recent MDH risk assessment methodology and the available science. Incorporating new data and updating methodology can result in changes to existing guidance values or result in a recommendation for a more in-depth review.

Re-evaluations of seven contaminants with existing MDH guidance values are planned for the 2018 calendar year. The contaminants are:

•  Metolachlor ESA (already completed)
• Metoloachlor OXA
• Benzene
• Toluene
• Xylenes
• 1,1-Dichloroethylene
• Ethylbenzene

Caltha LLP

New Human Health Water Standard For Exposure To Metolachor

The Minnesota Department of Health (MDH) has completed a reevaluation of the existing water risk guidance for the metolachor, a widely used as an herbicide. The review included re-evaluation of the available data for existing health-based guidance values for metolachlor (s-metolachlor). As a result of the re-evaluation, the guidance values for metolachlor (s-metolachlor) were updated. The revised health based water guidance concentration is 300 µg/L for short-term exposure; the previous guidance value was 400 µg/L.

MDH conducts re-evaluations to keep existing health-based guidance values up to date with the most recent MDH risk assessment methodology and the available science. Incorporating new data and updating methodology may result in changes to existing guidance values. A re-evaluation may also result in a recommendation for a more in-depth review. MDH re-evaluates all guidance developed since 2008 on a routine basis.

Groundwater Health Limits For Trimethylbenzene

The Health Risk Assessment Unit at the Minnesota Department of Health has started a full review of three trimethylbenzene (TMB) isomers (1,2,3-trimethylbenzene; 1,2,4-trimethylbenzene; and 1,3,5-trimethylbenzene). TMB isomers are produced during petroleum refining and production of a component of gasoline. TMB isomers are also used in the production of solvents and are ingredients in paints, dyes, cleaning agents, and automotive fluids.

 The review will consider if the existing Health Risk Values (HRL) for the three trimethylbenzene compounds in groundwater are adequately protective. This review is particularly significant because trimethylbenzene compounds are commonly detected in soil and groundwater at petroleum release sites, such as leaking underground storage tank (LUST) sites.

 MDH previously developed water guidance for 1,2,4- and 1,3,5-trimethylbenzene. Re-evaluation of these contaminants in 2017 resulted in a recommendation for full review.



Caltha LLP | Your Environmental Site Assessment
and Remediation Partner

Changes To Minnesota Water Based Health Risk Limits

The Minnesota Department (MDH) is proposing amendments to the Health Risk Limits (HRLs) Rules and to adopt new and updated human health-based water guidance values into rule. The chemicals proposed for amendment include herbicides and other pesticides, polyaromatic hydrocarbons (PAH) and volatile organic compounds (VOC). Below is a listing of chemicals MDH is considering in its rule revision:

Chemical Name	Previously adopted values in HRL Rule?
Acenaphthene	Yes
Acetochlor	Yes
Acetochlor ESA	Yes
Acetochlor OXA	Yes
Alachlor	Yes
Chloroform	Yes
Clothianidin	No
Cyanazine	Yes
cis-1,2-Dichloroethene	Yes
2,4-Dichlorophenoxyacetic acid (2,4-D)	Yes
Dieldrin	Yes
Dinoseb	No
S-Ethyl-N,N-dipropylthiocarbamate (EPTC)	Yes
Fluoranthene	Yes
Perfluorobutyrate (PFBA)	Yes
Perfluorooctanoic Acid (PFOA) and Salts	Yes
Perfluorooctane Sulfonate (PFOS) and Salts	Yes
Pyrene	Yes
Tetrahydrofuran	No
Thiamethoxam	No
1,1,1-Trichloroethane	Yes
Vinyl Chloride	Yes

MDH will accept written comments on the proposed rules amendments through Wednesday, February 21, 2018.

Benzo[a]pyrene, BaP Water Health Risk Review

The Minnesota Department of Health-Health Risk Assessment Unit has started a full review of benzo[a]pyrene or BaP. BaP is a chemical formed from combustion, and is one of a larger class of chemicals known as polycyclic aromatic hydrocarbons (PAHs). Sources of BaP can include industrial processes, cigarette smoke, grilled or broiled foods, wood fires, motor vehicle emission, and many other activities that involve combustion of organic material. BaP is classified as carcinogenic to humans by the U.S. Environmental Protection Agency (EPA) and the International Agency for Research on Cancer (IARC). Minnesota Department of Health previously developed water guidance for BaP in 2012 and the current review will update that guidance if deemed necessary.

Minnesota Issues Update To Drinking Water Guidance For Glyphosate

The Minnesota Department of Health (MDH) has issued its final health-based guidance on glyphosate. Glyphosate is a widely used herbicide that controls broadleaf weeds, grasses, and aquatic plants. Glyphosate is sold under several different trade names, including products sold for home use. It is applied in agriculture, forestry, lawn care, and gardening.


The Minnesota Department of Agriculture (MDA) regularly monitors groundwater and surface water for glyphosate. It is frequently detected at low levels in both urban and rural surface waters. In 2016, the highest level detected in surface water was 42.8 micrograms per liter (μg/L. MDA’s groundwater monitoring efforts have not yet detected glyphosate in groundwater. Since 1993, glyphosate has only been detected four times in Minnesota public drinking water systems, at levels that range from 1.1 to 39 μg/L


Glyphosate has been under review by MDH. Based on available information, MDH developed a guidance value of 500 ppb for glyphosate in drinking water. Glyphosate is a primary drinking water contaminant of the federal Safe Drinking Water Act and has a Maximum Contaminant Level (MCL) and Maximum Contaminant Level Goal (MCLG) of 700 ppb.

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.

Transportation Company Needed Technical Support To Address Enforcement Action

Caltha LLP Project Summary

Project: Response To MPCA NOV For Industrial Stormwater Discharges and Non-Storm Water Discharge
Client: Transportation Sector
Location(s): Minnesota


Key Elements:  Compliance with No Exposure Certification, Compliance with prohibition of unauthorized non storm water discharge


Overview:  In a routine compliance inspection of industrial sites which had submitted no exposure certifications (NEC) being conducted by the State, this facility was found to be in non-compliance with both the conditions of the NEC and was also found to be discharging wash water without a permit. The facility was placed in enforcement action to resolve these issues.

Caltha LLP was retained by the facility to assist them in evaluating requirements to meet the NEC and to identify options for addressing unpermitted discharge. Working with facility management, it was determined that costs for necessary corrective actions to comply with the NEC were too high compared to costs to obtain and comply with an industrial stormwater discharge permit. The facility terminated its NEC and applied for permit coverage. Caltha assisted the facility in preparing a facility SWPPP using our Minnesota SWPPP template and a permit compliance plan. Alternate off-site facilities were found to eliminate the discharge of unauthorized wastewater releases from the facility.


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

Constructed Wetland Annual Inspection And Monitoring Report

Caltha LLP Project Summary

Project: Constructed Wetland – Wetland Mitigation Annual Inspection and Monitoring Report
Client: Metropolitan Council
Location(s): Minnesota


Key Elements: Constructed wetland inspection, Preparation of annual wetland monitoring report


Overview: Caltha was contracted to provide inspection services to review the condition, hydrology and wetland plant species diversity for this constructed wetland project. Caltha conducted a site inspection to identify prevalent wetland plant species and their relative abundance. The wetland survey also identified invasive species and made recommendations for enhanced control of specific invasive wetland plants which were identified at the site. An annual wetland monitoring report was prepared to be submitted to the local watershed district, which permitted the wetland mitigation, local city officials, and the Minnesota Department of Natural Resources.


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

Summary of the Occurrence of Herbicide in Surface Water To Support Comments On USDA Draft Environmental Assessment

Caltha LLP Project Summary

Project: Summary of the Occurrence of Herbicide in Surface Water To Support Comments On USDA Draft Environmental Assessment
Client: Agricultural Chemical Manufacturer
Location(s): California, Illinois, Texas, Minnesota

Key Elements: Acquisition and review of state water quality monitoring data; statistical analysis of the occurrence and concentrations of herbicide in surface water, preparation and submittal of public comments to Department of Agriculture Draft Environmental Assessment

Overview: Caltha was contracted by this multinational agricultural chemical company to prepare a review and analysis of the occurrence of a specific common use herbicide, 2,4-D, in waters of the United States. Caltha first reviewed and summarized nationwide data in the US EPA STORET database and U.S Geological Survey (USGS) National Water-Quality Assessment (NAWQA) Program database. Caltha staff then contacted State agencies which implemented long-term Statewide water quality monitoring programs, including California, Texas, Illinois and Minnesota. All data were then compiled to provide a summary of 2,4-D concentrations in surface waters dating from the 1970s through 2012. Caltha then conducted a review of federal and state regulatory standards for 2,4-D in surface waters, including:

• Federal Water Quality Criteria
• State Water Quality Standards
• Federal Safe Drinking Water Act Maximum Contaminant Level
• Office of Pesticide Program Aquatic Life Benchmarks

Finally, Caltha conducted an analysis of the exceedance of applicable regulatory standards based on the comprehensive analysis of reported herbicide concentrations. All analyses were summarized in a report which was submitted to the US Department of Agriculture through its public comment process for a Draft Environmental Assessment document.

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

Update To Great Lakes Restoration Initiative Action Plan 2015-2019

The Great Lakes Interagency Task Force has scheduled meetings for the public to provide input to a planned update of the Great Lakes Restoration Initiative Action Plan. The updated Action Plan would direct Great Lakes restoration for fiscal years 2015-2019. The public may comment directly to the federal agencies and to the Great Lakes Advisory Board (GLAB), a panel of experts established to provide recommendations to the federal agencies.

Comments may be given at any of the following scheduled meetings:
•May 21-22 - Great Lakes Advisory Board Inaugural Meeting & Public Comment to GLAB
 •May 23 - Webinar
•May 28 - Buffalo, New York.
•May 30 - Milwaukee, Wisconsin.
•June 3 - Webinar
•June 5 - Cleveland, Ohio.

In February 2010, the Task Force released the GLRI Action Plan for FY2010-2014. The Action Plan identified goals, objectives, measurable ecological targets, and specific actions to help rehabilitate the Great Lakes. The Action Plan targets investments to reduce toxic contamination, rehabilitate fish and wildlife habitat, improve nearshore health, reduce nutrients and other land-based pollution, prevent invasive species, and promote accountability, education, and collaboration.

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

Summary of 2011 EPCRA 313 TRI Releases To Great Lakes

Releases of EPCRA Section 313 reportable chemicals into surface waters in the Great Lakes Basin increased by 12 % from 2010 to 2011, according to the U.S. Environmental Protection Agency’s annual Toxics Release Inventory report. Nationwide, releases due to surface water discharges decreased by 3 %.

Nitrates and pesticides from municipal wastewater treatment plants and agriculture account for most of the releases from surface water discharges to the Great Lakes Basin. Nitrates were also discharged by primary metals facilities, such as iron and steel mills and smelters, and food and beverage manufacturers.

For the summary, the Great Lakes Basin consists of Lakes Superior, Michigan, Huron, Erie and Ontario; a number of other smaller lakes and waterways; and the surrounding watershed. The watershed covers parts of Illinois, Indiana, Minnesota, Michigan, New York, Ohio, Pennsylvania and Wisconsin, and parts of Ontario in Canada. Despite increases from 2010 to 2011, overall Section 313 releases in the Great Lakes Basin have decreased about 40 % since 2003 and are currently at the second-lowest level in a decade. Surface water, air and land releases in the basin increased by 12, 1 and 4 % respectively, while underground injection decreased 5 % from 2010 to 2011.

Read summary of national EPCRA TRI releases for 2011.

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.

Minnesota Department of Health Grant To Reduce Mercury Exposure From Fish

The U.S. Environmental Protection Agency has awarded a $1.4 million Great Lakes Restoration Initiative (GLRI) grant to the Minnesota Department of Health (MDH) to reduce mercury exposure risk for women and children who live along Lake Superior’s north shore. Excessive blood mercury levels have been documented in infants in this area. The funding will be used to improve health screening and to develop more effective fish consumption advisories. Over the last three years, the GLRI has provided more than $320 million to clean up toxic contamination in Great Lakes Areas of Concern and to reduce the risks associated with toxic substances in the Great Lakes ecosystem.

The Grand Portage Chippewa Tribe and the Sawtooth Mountain Clinics in Grand Portage and Grand Marais, Minnesota will participate in the MDH project. Physicians affiliated with the clinics will survey consenting female patients of childbearing age about fish consumption and test blood mercury levels. Patients will also be counseled to promote safe fish consumption choices.

The work supported by the grant will build on an earlier EPA-funded study which was completed last year by MDH. In that study, 1,465 newborns in the Lake Superior Basin were tested for mercury in their blood. The study found that 8 % of the infants had mercury levels higher than those recommended as safe by EPA.


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

US and Canada Amend Great Lakes Water Quality Agreement

U.S. Environmental Protection Agency and Canada’s Minister of the Environment have signed the newly amended Great Lakes Water Quality Agreement. The agreement, first signed in 1972 and last amended in 1987, is binational effort to protect the world’s largest surface freshwater system and the health of the surrounding communities.

The revised agreement will facilitate United States and Canadian action on threats to Great Lakes water quality and includes measures to anticipate and prevent ecological harm. New provisions address aquatic invasive species, habitat degradation and the effects of climate change, and support continued work on existing threats to human health and the environment in the Great Lakes Basin such as harmful algae, toxic chemicals, and discharges from vessels.

The overall purpose of the Agreement is “to restore and maintain the chemical, physical and biological integrity of the waters” of the Great Lakes and the portion of the St. Lawrence River that includes the Canada-United States border. Both governments sought extensive input from stakeholders before and throughout the negotiations to amend the Agreement. Additionally, the amended Agreement expands opportunities for public participation on Great Lakes issues.

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

Reports Released On Condition of Minnesota Wetlands

The Minnesota Pollution Control Agency (MPCA) and the Minnesota Department of Natural Resources (DNR) jointly issued reports on into the prevalence and condition of Minnesota wetlands. The initial survey on wetland quality, which focused on depressional wetlands such as marshes and ponds, showed that the plant communities in nearly half of the wetlands were in poor condition, while aquatic macroinvertebrates (such as aquatic insects, leeches and snails) fared much better.

The two reports provide a comprehensive view of the current status of wetlands in Minnesota. In the northeastern region of the state, the majority of pre-settlement wetlands still exist, and a large percentage are in good condition. However, in the western and southern parts of the state, where many wetlands have been lost, those that remain are generally in poor condition.

Findings of the survey included:

• Minnesota has 10.6 million acres of wetlands, which comprise 19.7 % of the state’s land cover, not counting deep lakes and rivers.
• Plant communities are in good condition in only 29 % of Minnesota’s depressional wetlands, while 25 % are in fair condition and 46 percent are in poor condition.
• Macroinvertebrate communities are in better condition with estimates of 47 % good, 33 % fair, and 20 % poor.
• Forested wetlands make up 4.4 million acres and are the most common wetland type in Minnesota, followed by emergent wetlands (shallow marshes, wet meadows), shrub swamps, and deep marshes/ponds.

In 2006, the State started the wetland monitoring program to assess status and trends of both wetland quantity and quality. Sampling for both the wetland quantity and quality monitoring programs is done on a repeating, multi-year cycle.

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

MPCA and MDNR Share Pesticide Permit Requirements

The Minnesota Pollution Control Agency (MPCA) will use the Minnesota Department of Natural Resources' (DNR) aquatic plant management permit to fulfill Clean Water Act requirements on application of aquatic pesticides to control aquatic plants. Both agencies are working together to make certain that pesticide discharges to waters are controlled to protect aquatic communities and water quality.
During permit writing, MPCA found that the Aquatic Plant Management (APM) program administered by the DNR is sufficient to control the discharge of pesticides to meet the conditions of the Clean Water Act and the MPCA’s NPDES/SDS Pesticide General Permit. Therefore, APM Permit Holders do not need to submit an eNOI or a permit fee, regardless of size of the activity. MPCA and DNR are working on an Interagency Agreement so Permit Holder information can be shared between agencies.

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

Advisory Board For Great Lakes Restoration Initiative

The U.S. Environmental Protection Agency has announced the creation of an advisory board to support federal agencies with the implementation of the Great Lakes Restoration Initiative and the updated Great Lakes Water Quality Agreement. The new board will provide advice and recommendations to EPA Administrator as federal Interagency Task Force chair.

To form the board, EPA will consider candidates from a broad range of interests including environmental groups, businesses, agricultural groups, funders/foundations, environmental justice groups, youth groups, academia and state, local and tribal representatives as needed. Nominees will be solicited through a Federal Register notice. EPA anticipates that board will be established during summer 2012.

The Interagency Task Force is made up of 16 federal agencies and departments. In 2010 they developed an action plan to implement initiatives in five areas:

1. Cleaning up toxics and toxic hot spot Areas of Concern.
2. Combating invasive species.
3. Promoting near-shore health by protecting watersheds from polluted runoff.
4. Restoring wetlands and other habitats.
5. Raising public awareness, tracking progress, and working with partners.

The plan also establishes annual benchmarks for success and progress.

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