Minnesota PCA Triennial Review - 7050 and 7052

Every three years the federal Clean Water Act (CWA) requires states to obtain public comment on, and revise as needed, their water quality standards. The Minnesota Pollution Control Agency (MPCA) began the triennial review process in 2008 with proposed amendments to Minnesota Rules chapters 7050 and 7052. MPCA plans to complete the water quality standard amendments in 2011. The rule changes under consideration during this triennial review include the following:

1. Addition of eutrophication standards for river systems;
2. Modification of the existing turbidity standards;
3. Additions or revisions of numeric water quality standards for protection of aquatic life based on U. S. Environmental Protection Agency (EPA) 304(a) Ambient Water Quality Criteria for cadmium, copper, diazinon, and nonylphenol;
4. Re-evaluate the aquatic life standard for chloride;
5. MPCA-derived Class 2 water quality criteria for nitrate based on aquatic life toxicity;
6. Updates to human health-based water quality standards needed to maintain consistency with the Minnesota Department of Health’s Health Risk Limits in Minn. R. ch. 4717 (currently under revision) and EPA’s Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000);
7. Re-evaluate and update existing Class 3 (Industrial Consumption) and Class 4 (Agriculture and Wildlife) water use standards;
8. Potential water use classification changes for specific water bodies, including updating Class 2A trout waters and reviewing and adding Class 7 limited resources value waters; and
9. Minor administrative changes.

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

ADEQ Arizona De Minimis Discharge General Permit

The Arizona Department of Environmental Quality (ADEQ) has issued its revised a general permit for discharge of low volume, relatively pollutant-free water, known as De Minimis discharges, to surface water under the Arizona Pollutant Discharge Elimination System (AZPDES) program.

The De Minimis discharges covered under the permit must meet applicable surface water quality standards, are generally infrequent and must be managed to protect water quality and the environment. Examples include discharges from maintenance of potable water systems, well development and testing, street washing, and the drainage of dechlorinated water from swimming pools.

Under state and federal law, most discharges to waters of the U.S. on non-tribal lands in
Arizona must have coverage under an AZPDES permit. Using the De Minimis general permit, applicants significantly shorten the time necessary to obtain permit coverage. The permitting process also increases efficiency and consistency for ADEQ’s regulatory role. The revised general permit contains amendments based on stakeholder comments and public meetings.

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

SWPPP Implemetation Training - May 19 - Plymouth, MN

SWPPP Implementation, Review & Amendment Training

Date: May 19, 2010
Time: 9 am to 11 am
Location: Plymouth, Minnesota
Cost: $125
(inquire about reduced cost for multiple attendees from same company)
Attendance is limited to individuals from permitted facilities; class size limited

This training is being provided to individuals who have responsibilities for managing implementation of the Stormwater Pollution Prevention Plan (SWPPP) for their permitted industrial facility. Topics include an overview of permit compliance requirements, documentation, annual review requirements and keeping SWPPP program up-to-date.

Training will also cover corrective action and evaluating benchmark monitoring results.

All attendees will receive a training certificate to document successful completion of training.

Why is SWPPP Implementation Training Needed?
Effective April 5, 2010, the Minnesota Pollution Control Agency (MPCA) requires specific training for certain staff at each facility permitted under the new General Permit for Industrial Stormwater Discharges.

Each facility must designate an individual responsible for implementation and management of the SWPPP program. These individuals are required under the permit to have specific training on SWPPP implementation, compliance, review and amendments.


To register, email contact information below to info@calthacompany.com
Name:
Company:
Phone:
Email:

Or call (763) 208-6430 to register or for more information


Additional SWPPP Implementation Training Sessions:
Preregister or get further information on SWPPP Implementation, Review & Amendment Training tentatively planned in July-September 2010 in:

Duluth, Minnesota
Rochester, Minnesota
Moorhead, Minnesota - scheduled June 3
Saint Cloud, Minnesota
Mankato, Minnesota - scheduled May 27

For more information or to be placed on pre-registration list for a session, email info@calthacompany.com


Also coming soon…
Stormwater inspection training………….July-October 2010
Stormwater monitoring training………....January-March 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

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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.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Iowa Antidegradation Rule - Postponed Implementation

The revised Iowa DNR antidegradation rule was effective on February 17, 2010, but has not yet been submitted to the U.S. Environmental Protection Agency (EPA) for approval. The antidegradation rule states “all unapproved facility plans for new or expanded regulated activities…shall undergo an antidegradation review if degradation is likely in the receiving water or downstream waters following the effective date of the ‘Iowa Antidegradation Implementation Procedure.’”

However, IDNR has decided to begin implementation of the new antidegradation rule after the rule is approved by EPA. Any facility plan not approved by the date EPA approves the antidegradation rule must include an antidegradation analysis if the project would result in degradation. For activities that do not require a construction permit, a National Pollutant Discharge Elimination System (NPDES) permit application or amendment request an antidegradation analysis must be submitted if the activity would result in degradation and if the permit is not on public notice before the date EPA approves the antidegradation rule. According to IDNR, facility plans that have not been approved and NPDES permit applications or amendment requests that have not been placed on public notice will be considered to be incomplete and may be returned to the applicant for completion.

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