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The Wisconsin Department of Natural Resources has released its draft guidance document “TMDL Development and Implementation Guidance: Integrating the WPDES and Impaired Waters Programs” for a 21-day public comment period.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providing a framework for developing and implementing permit limits for discharges to 303d listed impaired waters, the draft guidance also addresses the WDNR approach to antidegradation requirements.

Under the draft guidance, if the new TMDL-derived limit results in an increase in an effective existing limit in a permit, then an antidegradation evaluation is needed.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.
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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.

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Wisconsin DNR General Permit For Small Wetland Impacts

The Wisconsin Department of Natural Resources has released a general permit that streamlines and shortens the wetland permitting process for some residential, commercial and industrial projects impacting wetlands. The statewide general permit (“GP”) enables projects resulting in the unavoidable filling of less than 10,000 square feet of wetland to get a permit decision more quickly if the project meets the standards and conditions in the general permit. Previously, all landowners wanting to pursue projects that involve wetland fill were required to seek an individual permit and lengthier environmental review. Projects that involve more than 10,000 square feet of wetland fill or do not meet the GP standards and conditions continue to require a wetland individual permit, which has a longer process time, a higher permit fee, and require wetland mitigation and a higher level of environmental review

The general permit for smaller projects identifies the location, design, and construction standards and other conditions any project must meet to qualify for the general permit, and to ensure that minimal environmental effects occur. The general permit is valid statewide for 5 years. When property owners’ projects apply to be covered under the general permit, DNR is required to issue a decision within 30 days.

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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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.
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Wisconsin and Michigan Awarded Great Lakes Restoration Initiative Grants

The U.S. Environmental Protection Agency has awarded seven Great Lakes Restoration Initiative grants, totaling over $2.6 million, to improve water quality at Great Lakes beaches in Michigan and Wisconsin. Projects awarded grant funding include:

• $1 million (two grants of $500,000 each) to the University of Wisconsin Oshkosh to redesign eight Wisconsin beaches to reduce bacteria levels, resulting in fewer swimming bans and beach closures. The beaches are: Red Arrow Park Beach, Marinette; Crescent Beach, Algoma; Red Arrow Park Beach, Manitowoc; Thompson West End Park, Washburn; Grant Park, South Milwaukee; Samuel Myers Park, Racine; and Simmons Island and Eichelman Parks, Kenosha.
• $179,700 to the City of Marquette, Michigan, to lower health risks and to improve water quality at two Lake Superior beaches in Marquette by using green management practices to reduce contamination.
• $500,000 to the City of Marysville, Michigan, to install rain gardens and other green infrastructure to reduce contaminated stormwater runoff and to deter geese at Chrysler Beach on the St. Clair River.
• $500,000 to the Huron-Clinton Metropolitan Authority for green infrastructure to reduce contaminated stormwater runoff at Lake St. Clair Metropark (Metro Beach.)
• $217,015 to the Michigan Department of Environmental Quality to construct rain gardens, plant native grass and install a filtration system to improve water quality and reduce health risks at Sherman Park and Four Mile beaches in Sault Ste. Marie.
• $263,188 to the Michigan Department of Environmental Quality to build a green stormwater infiltration system at New Buffalo City Beach to reduce bacteria and nutrient levels.

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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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.

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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.

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Requirement to Meet Federal Law In State WPDES Permits

The Wisconsin Supreme Court has determined that Wisconsin Department of Natural Resource’s (WDNR) authority and the scope of its administrative review of Wisconsin Pollutant Discharge Elimination System permit challenges is limited to challenges based on state law and not whether the permit complies with federal law.

Petitioners had challenged a WPDES permit issued by WDNR, claiming that the permit did not comply with federal law and that state statutes require WDNR to ensure all WPDES permits comply with federal law. The WDNR refused to grant a hearing on the federal law challenges, arguing WDNR’s authority only allowed it to review WPDES permit challenges based on state law.

The Wisconsin Supreme Court agreed with the agency that, if followed to its logical conclusion, the petitioner’s position would render Wisconsin’s delegated CWA authority and its WPDES permit program moot. The court noted that EPA has authority to review and object to every WPDES permit issued by WDNR. In this case, EPA reviewed the proposed WPDES permit and also reviewed Petitioner’s claim that the permit failed to comply with federal law, yet EPA found no reason to object to the permit. Moreover, the court clarified that the proper remedy for Petitioner’s federal law challenges is to petition EPA to review or object to the WPDES permit issuance, and thereafter to appeal any EPA decision in the appropriate federal district court.

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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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.

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Great Lakes Compact - Proposed WDNR Water Use Rules

The Wisconsin Department of Natural Resources (WDNR) has proposed rules regarding Water Use Fees, Water Use Registration and Reporting, and Water Use Conservation and Efficiency. These rules are proposed as part of the State’s response to the Great Lakes Compact.

The first rule proposes water fees in a new chapter NR 850, and could affect surface water supply systems with the capacity to withdraw 100,000 gallons per day (“GPD”) or more.

The second rule contains new registration and reporting requirements. Proposed chapter NR 856 would require any system with the capacity to withdraw more than 100,000 GPD to register the withdrawal within six months of the rules effective date. If registration is required, then the facility would also be required to determine the monthly volume of water withdrawn, and will be required to file annual reports with DNR.

The third proposed rule addresses water conservation and use efficiency measures. Draft chapter NR 852 includes different conservation requirements applicable to three tiers of new or increased withdrawals. Tiers 1 and 2 apply to new and increased withdrawals from the Great Lakes Basin. Tier 3 includes new or increased diversions to a straddling community or county, new and increased intrabasin transfers, or new and increased withdrawals averaging more than 2,000,000 GPD.

The draft rules will be available for public comment until July 7, 2010. WDNR also expects to have additional related rules available for public comment in Fall 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.

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New Wisconsin Water Quality Rules Approved

The Wisconsin Natural Resources Board today approved a comprehensive strategy to improve the water quality of the State’s lakes, rivers and streams. The rules proposed by the DNR address phosphorous and other nutrient pollution as well as erosion and sedimentation that degrade water quality.

The rules approved by the board address both point and non-point sources of pollution, and establish a numerical water quality standards for phosphorous.

According to the WNDR, Wisconsin will also become the first state to put in place an adaptive management approach that promotes cooperation among point (end-of-pipe or stack) and non-point (run-off) pollution sources to find the most cost-effective means to reduce phosphorus and other pollutants.

These rules also address Wisconsin law that requires the WDNR to partner with the agriculture community and provide cost-sharing dollars. Under this provision, the DNR will provide up to 70% to share the farmers’ costs of implementing non-point pollution controls to meet the standards.

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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Court Decision On NPDES Permit Challenges After Public Comment Period

According to a decision by the Wisconsin Court of Appeals, the Wisconsin Department of Natural Resources (WDNR) must consider all challenges to newly issued wastewater discharge permits, even after public comment period has closed and the final permit drafted. Opponents of a permitted project can challenge the validity of any final permit term or condition, even if no related objection or question was raised during the public review and comment period.
On April 13, 2010, the Court of Appeals released its decision in the case in which five citizens and two environmental groups challenged WDNR handling of their petition for review of a specific WPDES wastewater discharge permit.

WDNR argued that to preserve the right to challenge the final permit’s mercury sampling requirements, the challengers needed to have raised that issue during the public review and comment period. Since the draft permit’s mercury sampling requirements were not challenged during the public process, WDNR believed it did not need to reconsider those requirements and address them, if necessary, prior to the issuance of the final permit. The Appeals Court rejected the WDNR argument, believing that it would penalize members of the public for their failure to participate earlier in the public review process and be inconsistent with the state’s goal of encouraging public involvement.

The Appeals Court found it was not enough that WDNR review WPDES applications against State regulations and other state water pollution laws; WDNR must also address every permit challenge that is based on specific elements of federal regulations, as well.

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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Wisconsin Ballast Water Discharge Permit Environmental Assessment

The Wisconsin DNR (WDNR) has recently completed its environmental assessment for the proposed issuance of a general permit to regulate the discharge of ballast water from ships into the waters of the State. This assessment, completed to comply with the Wisconsin Environmental Policy Act (WEPA) clears the way for WDNR to issue its final discharge permit.

On February 23, 2009, the WDNR public noticed a general permit for commercial vessels which includes effluent discharge standards for ballast water. This permit also included an aggressive compliance schedule for implementation. The permit specifies biological effluent discharge standards and biocide effluent limits that, based upon best professional judgment, represent the best practicable technology currently available pursuant to § NR 220.21, Wis. Adm. Code. WDNR believes a permit for regulating ballast water beyond what EPA has developed is necessary to prevent the release of additional aquatic invasive species (AIS) and protect water quality standards in Wisconsin. The 2010-11 biennial budget bill signed by Governor Doyle in July 2009 provided for statutory authority to establish a discharge performance standard for ballast water.

Wisconsin’s General Permit will require discharges of ballast water to meet numeric technology based effluent limits based upon the number of living organisms in the discharge by 2014 for all existing ocean-going ships. Vessels constructed on or after January 1, 2012 would have to meet these requirements prior to operation. The permit is intended to minimize the further release of aquatic invasive species. The general permit requires all ocean-going vessels to meet discharge standards set at 100 times more stringent than the IMO standards. This discharge standard is similar to that adopted by New York in its § 401 Water Quality Certification. Plans and specifications of the treatment systems would require approval by the Department, to confirm the treatment has been approved by the USCG or an equivalent approval process, is effective and would comply with the discharge standards.

There is an exemption in this permit when ballast water is pumped from a vessel off-ship for treatment on another vessel or to a ballast water treatment system on-shore. Additionally, the permit allows for an alternative discharge limit, if the technology is not available to meet the discharge standards by December 31, 2011.

The federal general permit (VGP), effective December 19, 2008, that applies to all discharges incidental to the normal operation of a vessel1 includes a technology based standard for all ocean-going vessels. This standard has been required by the United States Coast Guard (USCG) for all vessels that enter the St. Lawrence Seaway since March 2008 and has proven ineffective as the introduction of aquatic invasive species has continued. On August 28, 2009, the USCG published in the federal register a new proposed ballast water discharge standard rule which requires a phased approach to ballast water discharge standards, with IMO being required in phase-one, and up to 1000 times IMO standards in phase-two. WDNR general permit contains technology based effluent limitations that represent the best practicable control technology currently available.

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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