EPA Effluent Guidelines Program Priorities Published

The U.S. Environmental Protection Agency (EPA) has announced its final 2010 Effluent Guidelines Program Plan (Plan), published at 76 Fed. Reg. 66286 (October 26, 2011) and has requested public review and comments.

EPA plans to develop effluent guidelines and standards for the discharge of wastewater from the Coalbed Methane Extraction (CBM) industry. It will also develop pretreatment requirements for discharges of mercury from the Dental industry, and for the discharges of wastewater from the Shale Gas Extraction (SGE) industry.

In addition, the EPA will initiate a preliminary category review for the cellulosic products segment of the Plastics Molding and Forming industrial category. EPA has also concluded that estimated toxic-weighted pollutant discharges of lead from the Pulp, Paper, and Paperboard industrial category need further investigation.

Finally, EPA identified the need for additional data review as part of the 2011 annual review for three industrial categories: Mineral Mining and Processing; Landfills; and Waste Combustors.

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Rule Making On Definition of Waters of US Under Clean Water Act

The US Environmental Protection Agency (USEPA) has initiated rulemaking it hopes will provide better clarity for the scope of “waters of the US” regulated under the Clean Water Act (CWA). After U.S. Supreme Court decisions in SWANCC and Rapanos, the scope of "waters of the US" protected under all CWA programs has been an issue of considerable debate and uncertainty. The Act has a single definition for "waters of the United States." As a result, these decisions affect the geographic scope of all CWA programs.

EPA believes that SWANCC and Rapanos did not invalidate the current regulatory definition of "waters of the United States." However, the agency has stated that the decisions established important considerations for how those regulations should be interpreted, and experience implementing the regulations has identified several areas that could benefit from additional clarification through rulemaking. Therefore, EPA and the U.S. Army Corps of Engineers are developing a proposed rule for determining whether a waterway, water body, or wetland is protected by the Clean Water Act. Ideally, this rule would make clear which waterbodies are protected under the Clean Water Act.

EPA currently anticipates a formal Notice of Proposed Rule Making (NPRM) to be published in the Federal Register in January 2012.

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Ohio EPA Revises Water Quality Trading Program For NPDES Permits

The Ohio Environmental Protection Agency (OEPA) has proposed changes to the rules that govern trading programs for wastewater discharge permits issued by the State. Ohio Administrative Code (OAC) 3745-5 provides the administrative requirements for the development and implementation of water quality trading programs in Ohio. Water quality trading is a voluntary program that allows a National Pollutant Discharge Elimination System (NPDES) permit holder (point source) to meet its regulatory obligations by using pollutant reductions generated by another wastewater point source or non-point source.

Ohio EPA is required to review its rules every five years to determine if the rules need revisited. State law and the federal Clean Water Act require Ohio EPA to periodically update rules to reflect the latest scientific information.

A majority of the revisions consist of minor updates to references and grammatical edits. In addition, the following specific changes are being considered:

Rule 03 – Revising rule to state that use of a water quality credit shall not cause or contribute to a violation of water quality standards. Adding provision that nonpoint source load reductions funded through Ohio EPA’s Water Resource Restoration Sponsor Program are not eligible to generate water quality credits
Rule 04 – Adding date by which two existing trading programs must submit water quality trading management plans
Rule 06 – Changing the size of the hydrologic unit codes that must be used when identifying areas where nonpoint source projects might be located
Rule 11 – Identifying additional compliance-related provisions that will be included in NPDES permits when the permittee is participating in a water quality trading program.
Rule 14 – Revising language to include biological and stream habitat parameters in ambient water quality monitoring plans

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Proposed Indiana Antidegradation Standards and Implementation Procedures Rule

The Indiana Water Pollution Control Board has preliminarily adopted the new Antidegradation Standards and Implementation Procedures Rule prepared by the Indiana Department of Environmental Management (IDEM). The rules are aimed at maintaining existing water quality in all public surface waters, and especially in lakes and streams that have a higher quality of water than minimum standards require. The new rules also provide for opportunities for the public to participate in the review of new or expanding discharges.

The rule requires an evaluation of alternatives before permitting new pollutant discharges above a de minimis level. Although IDEM can not issue permits that allow violations of water quality standards, a new discharge above the de minimis level may degrade the existing water quality. In these cases, a discharger must submit an antidegradation demonstration, and has the opportunity to provide information about the social and economic benefits of the activity producing the new or increased loading, which is evaluated according to state law. In Outstanding State Resource Waters, there is an additional requirement of a water quality improvement project or fee.

Following the preliminary adoption, the proposed rule will be placed on notice in the Indiana Register. A public comment period of at least 21 days will also be held, because the proposed rule has substantially changed from the version of the rule placed on public notice in 2009. IDEM will then consider comments, and make any necessary changes before presenting the proposed rule to the board for final adoption.

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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Draft General Permit for Infrequent Discharges in Arizona

The Arizona Department of Environmental Quality (ADEQ) has released its proposed General Permit for Infrequent Discharges (AZGP2011-001). This general permit can be used by a limited type of wastewater dischargers. The permit is applicable only to secondary treated effluent discharges from domestic wastewater treatment facilities with a design flow of less than 20 million gallons per day (mgd). Infrequent discharges are routine discharges that occur no more frequently than twice per calendar year with a duration of no more than 14 consecutive days and at least 30 days between discharges. Emergency discharges at these facilities would occur no more than three times per permit term with a duration of no more than 14 consecutive days per discharge event. It is estimated that only 20 to 40 facilities in Arizona will meet the definition of an infrequent discharger.

The draft permit includes technology-based effluent limitations, monitoring requirements, including whole effluent toxicity (WET) testing, and reporting requirements similar to other AZPDES permits.

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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Update On ADEQ Pesticide General Permit

The Arizona Department of Environmental Quality (ADEQ) is currently in the process of responding to comments received on Arizona’s Draft Pesticide General Permit. Arizona’s Draft PGP was public noticed in the Arizona Administrative Register on February 25, 2011 coincidental with the time the U.S. Court of Appeals granted a petition to delay the effective of permit coverage nationally from April 9, 2011 until October 31, 2011. U.S. EPA is in the process of reviewing comments a Reasonable and Prudent Alternative (RPA) from the draft Biological Opinion by the National Marine Fisheries Service (NMFS) on U.S. EPA’s draft permit. The Arizona draft PGP is not subject to this RPA.

ADEQ anticipates issuing the state permit in time to meet the October 31, 2011 date established by the court. After October 31, 2011 permit coverage is required for the application of pesticides to waters of the U.S.

While U.S. EPA will be issuing its own Pesticide General Permit, permit coverage in Arizona (except for Indian Country) will be under ADEQ’s Pesticide General Permit.

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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Section 316(b) Cooling Water Intake Rule Comment Period Extended

In response to requests from stakeholders and to allow for additional public comment, the U.S. Environmental Protection Agency (EPA) has extended the public comment period by 30 days for the cooling water intake structures proposed rule. This change will not affect EPA’s schedule for issuing a final rule by July 27, 2012.

This proposed rule, based on Section 316 (b) of the Clean Water Act, is intended to protect fish and other aquatic organisms from being drawn into cooling water systems at large power plants and factories.

The original 90-day public comment period was originally set to expire on July 19, 2011. EPA expects to publish a notice of this 30-day extension 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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