Quarry and Mine General Permit Revised By Iowa DNR

The Iowa Department of Natural Resources has scheduled a public meeting on November 30, 2010 to discuss proposed new rules for quarry and mine owners and operators. IDNR will explain changes in the draft permit that applies to these operations and seek comments on the rule change. The revised draft general permit will require operators to consider methods that would reduce water quality impacts. It also clarifies the duties of mine and quarry operators.

The changes are proposed for wastewater discharges from mining and processing facilities that currently need an IDNR General Permit Number 5. The updated rules will keep mines and quarries in compliance with state water quality standards.

Most currently permitted facilities are eligible to use the general permit. However, they will have to submit results from water sample tests on sulfate in the future. The DNR may require an individual permit for facilities with high sulfate levels and those with new or expanded discharges to Outstanding Iowa Waters. The proposed changes would become effective in July 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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Final Nutrient Standards For Florida Inland Waters

U.S. Environmental Protection Agency (EPA) has finalized nutrient water quality standards for Florida surface waters. The final standards set numeric limits on the amount of nutrient discharges allowed in Florida’s lakes, rivers, streams and springs. These new standards will become effective in 15 months, allowing cities, towns, businesses, other stakeholders and the state of Florida an opportunity to review the standards and develop strategies for implementation.

During the 15-month period before the numeric standards take effect, EPA will work with the state to determine the next steps to achieve the objectives of the standards. The standards reflect conditions in five different watershed regions and allow for case-by-case adjustments based on local environmental factors while maintaining water quality. Governments or other dischargers can seek special consideration in cases where the state and local communities have extensively assessed water bodies and effective measures are in place to reduce nutrient pollution.

As background, the Florida Wildlife Federation filed a 2008 lawsuit against EPA, resulting in a finding in January 2009 that under the Clean Water Act nutrient standards are necessary for Florida. The resulting settlement, reflected in a consent decree entered in August 2009, required EPA to adopt numeric nutrient standards by November 2010. The final rule complies with this consent decree. Under the decree, EPA is required to issue additional standards for Florida’s coastal waters by August 2012 and anticipates submitting the underlying science for these standards to its independent Science Advisory Board for peer review in the near future.

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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Denial of Permit Waiver Application For City WWTP

EPA is proposing a draft decision to deny the extension of a waiver of Clean Water Act requirements that has allowed the City of Gloucester to discharge wastewater receiving only primary treatment from its wastewater treatment facility into Massachusetts Bay. The reason for the waiver denial is a failure to meet the current permit limits, including whole effluent toxicity (WET), oil and grease, and fecal coliform bacteria. EPA is releasing for public review and comment the draft intention to deny this waiver request and issue a permit with secondary treatment-based limits, and will accept comments on Dec. 4, 2010.

Gloucester has applied to EPA for reissuance of a waiver of Clean Water Act secondary treatment requirements, which would authorize continued discharge or primary effluent from the Gloucester Water Pollution Control Facility to Massachusetts Bay. Gloucester is the only major discharger in Massachusetts that currently holds such a waiver. The Gloucester discharge is to Massachusetts Bay, within the North Shore Ocean Sanctuary, as established by the Massachusetts Ocean Sanctuaries Act. The Commonwealth has designated the water as “Class SA,” the highest of the three marine water quality classifications.

The current permit has been in effect since 2001. The upgrade from primary to secondary treatment at the Gloucester Water Pollution Control Facility will require extensive planning and design, and will also require the commitment of significant financial resources. EPA and the Massachusetts Department of Environmental Protection (MassDEP) are moving forward with the new draft permit recognizing that it will need to establish a reasonable compliance schedule for the treatment plant upgrade.

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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Additional Testing For BPA Proposed

US EPA has announced that it intends to develop an advance notice of proposed rulemaking (ANPRM) to request comment on requiring toxicity testing to determine the potential for Bisphenol A (BPA) to cause endocrine-related adverse effects in environmental organisms at low concentrations. The ANPRM will also seek comment on requiring sampling and monitoring of surface water, ground water, drinking water, soil, sediment, sludge, and landfill leachate in the vicinity of expected BPA releases to determine whether potentially sensitive organisms may currently be exposed to concentrations of BPA in the environment that are at or above levels of concern for adverse effects, including endocrine-related effects.

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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Aquatic Life Benchmark for Conductivity

The Science Advisory Board (SAB) has released their first draft review of EPA’s research into the water quality impacts of valley fills associated with mountaintop mining, and their Aquatic Life Benchmark for conductivity.

The SAB reviewed EPA’s draft report “A Field-Based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams,” which uses field data to derive an aquatic life benchmark for conductivity. The benchmark is intended to protect 95% of aquatic species in streams in the Appalachian region influenced by mountaintop mining and valley fills. To protect water quality, EPA has identified a range of conductivity (a measure of the level of salt in the water) of 300 to 500 microSiemens per centimeter (uS/cm) that is generally consistent with protecting life in Appalachian streams. The maximum benchmark conductivity of 500 uS/cm is roughly five times above normal levels.

In their draft review, the SAB supports EPA’s scientific research and agrees with EPA’s conclusion that valley fills are associated with increased levels of conductivity in downstream waters, and that these increased levels of conductivity threaten stream life in surface waters. Following the completion of the external peer review and review of public comments, the report will be revised and published as a final report.

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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Increase Proposed For California Water Discharge Permits

The California State Water Resources Control Board is considering emergency measures that will result in a significant increase the fees charged to stormwater permittees and other permittees holding NPDES discharge permits.

According to the State Board, the increase is needed to respond to both reductions in revenue generated and increased program costs. The shortfall in revenue is a result of under-collection of revenue in the Surface Water Ambient Monitoring Program (SWAMP) in FY 2009-10 and a substantial drop in enrollment under the State Water Board’s recently adopted storm water construction permit. In July 2009, the State Water Board adopted Order 2009-0009-DWQ requiring storm water construction dischargers to enroll in a new storm water construction permit by July 1, 2010. Approximately 64 % of previous storm water construction permit holders did not renew their permits by the deadline and have been terminated from coverage. Many of these permittees did not reenroll because of a decline in construction activity. At the same time, the downturn in the construction industry has resulted in a reduction of the number of new permits being issued.

During the same period, costs increased substantially due to a shift in funding for basin planning from General Fund support to fee support and a return to full payroll costs due to the discontinuance of the furlough program.

According to the State Board, the Storm Water program needs to generate an additional $4.4 million in revenue to meet the FY 2010-11 Budget, which translates to a 21.5 % increase to all Storm Water fee categories.

The NPDES program needs to generate an additional $6.4 million in revenue to meet the FY 2010-11 Budget. This translates to a 31.4 % increase to all NPDES fee categories.

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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Trash and Debris TMDL For Anacostia River

U.S. EPA, the District of Columbia, and the state of Maryland have announced a new Total Maximum Daily Load (TMDL) for trash in the Anacostia River, making the Anacostia the first interstate river in the nation with such a Clean Water Act (CWA) trash limit. Each year, hundreds of tons of trash and debris are illegally dumped or washed into the Anacostia with stormwater runoff. As a result, the District and Maryland have both included the Anacostia River on their respective lists of impaired waters due to excessive quantities of trash and debris.

To restore water quality, the TMDL requires capturing or removing more than 600 tons (1.2 million pounds) of trash from the watershed annually. The District Department of Environment and Maryland Department of Environment along with members of several non-governmental organizations worked collaboratively with EPA to develop this trash TMDL for the Anacostia River. The action contributes to the larger goals of the Trash Free Potomac Watershed Initiative which has been underway for the past five years.

To complement this TMDL, the EPA, as the permitting authority for the District, and the state of Maryland are developing storm sewer permits which will serve as key implementation tools requiring municipalities in the Anacostia watershed to achieve the trash reductions required in the TMDL. In addition, continued implementation of the Combined Sewer Overflow Long Term Control Plan for the District of Columbia supports achievement of the limits.

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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