General Permit For Pesticide Applications Proposed

U.S. Environmental Protection Agency (EPA) has released a proposed new permit with requirements that would regulate the amount of pesticides discharged to Waters of the US. This proposed general permit is in response to an April 9, 2009 court decision that found that pesticide discharges to U.S. waters were pollutants, and therefore requiring an NPDES permit.

The proposed permit would require all operators to reduce pesticide discharges by using the lowest effective amount of pesticide, prevent leaks and spills, calibrate equipment and monitor for and report adverse incidents. Additional controls, such as integrated pest management practices, are built into the permit for operators who exceed an annual treatment area threshold.

EPA estimates that the pesticide general permit will affect approximately 35,000 pesticide applicators nationally. The agency’s draft permit covers the following pesticide uses:

• mosquito and other flying insect pest control;
• aquatic weed and algae control;
• aquatic nuisance animal control; and
• forest canopy pest control.

The general permit does not cover terrestrial applications to control pests on agricultural crops or forest floors. However, EPA is soliciting public comment on whether additional use patterns should be covered by this general permit.

The agency plans to finalize the permit in December 2010, and have it take effect April 9, 2011. Once finalized, the pesticide general permit will be used in states, territories, tribal lands, and federal facilities where EPA is the authorized permitting authority. In the remaining 44 states, states will issue the pesticide general permits. EPA has been working closely with these states to concurrently develop their permits.

EPA will hold three public meetings, a public hearing and a webcast on the draft general permit to present the proposed requirements of the permit, the basis for those requirements and to answer questions. EPA will accept written comments on the draft permit for 45 days after publication in the Federal Register.

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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CAFO Permit Requirement - EPA Settlement Agreement

On May 25, 2010, environmental groups and the Environmental Protection Agency (EPA) signed a settlement agreement resolving their challenges filed in federal court to the 2008 Final Concentrated Animal Feeding Operations (CAFO) National Pollutant Discharge Elimination System (NPDES) Rule.

The settlement agreement requires EPA to issue a guidance document, no later than May 25, 2011, that specifies the kinds of operations and factual circumstances that EPA anticipates may trigger the duty for CAFOs to apply for NPDES permits. This guidance would be used to review and/or inspect existing unpermitted livestock facilities and determine whether they require a NPDES permit.

The settlement agreement also requires EPA to propose a rule to require all owners or operators of CAFOs to submit information to EPA, regardless of whether they discharge or propose to discharge. EPA is required to propose such a rule, receive public comment and take final action on the proposed rule by May 25, 2012.

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 Implementation Procedure Training

The Iowa Department of Natural Resources (IDNR) has scheduled Antidegradation Implementation Procedure Training scheduled for Monday, June 28, 2010 in Johnston, Iowa.

Training is intended to provide a better understanding the new Antidegradation Implementation procedures. The training course will go through the new antidegradation implementation procedures, review the example alternative analysis previously released, and answer questions about how to conduct the alternative analysis.

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.

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Steam Electric Effluent Limitations Guidelines for Steam Electric Power Category

EPA is currently in the process of reviewing and revising technology-based effluent guidelines that apply to steam electric power plants.

The steam electric effluent guidelines apply to steam electric power plants using nuclear or fossil fuels, such as coal, oil and natural gas. In a study completed in 2009, EPA concluded that the current regulations, which were last updated in 1982, do not adequately address the pollutants being discharged and have not kept pace with changes that have occurred in the electric power industry. EPA has indicated that the rulemaking will address discharges from ash ponds and flue gas desulfurization (FGD) air pollution controls, as well as other power plant waste streams. Pollutants of concern include metals (e.g., mercury, arsenic and selenium), nutrients, and total dissolved solids. Timeline

The effort to review and revise the Steam Electric Effluent Limitations Guidelines began on December 2009, and EPA currently projects that the amended rules will be finalized in July 2012.

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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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.

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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.

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