Residual Designation Authority - Application to Stormwater Discharges

Recently, industrial, commercial and municipal NPDES discharge permits have been required for dischargers in selected areas that have not previous been required to obtain such permits, under existing applicability requirements. This requirement has been in conjunction with impaired waters Total Maximum Daily Load (TMDL) studies, in which stormwater sources are a significant contributor to impairments. The basis for this extension of NPDES permit requirements has been based on the “Residual Designation Authority” given to US EPA under the Clean Water Act. The most recent examples of the use of the residual designation authority have been in Maine, Massachusetts, and Vermont.

Under the Clean Water Act “Residual Designation Authority” EPA can require permits from additional dischargers where a TMDL supports such a determination and where discharges are contributing to water quality violations. EPA’s residual designation authority is provided by Section 402(p)(2)(E) and (6) of the Clean Water Act (CWA) and promulgated by 40 CFR 122.26(a)(9)(i)(C) and (D). In Vermont and Maine, local organizations filed formal legal petitions with appropriate regulatory agencies seeking this extension on a watershed-wide basis. EPA has indicated that it intends to move forward with broader roll out to address the numerous waterways polluted as a result of stormwater runoff.

More information of stormwater permitting, stormwater regulation and compliance

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

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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