Minnesota Water Quality Rules - Amendments To 7050 and 7052

The Minnesota Pollution Control Agency (MPCA) is requesting comments on its planned amendments to rules governing state water quality standards found in Minnesota Rules Chapters. 7050 and 7052.

Chapter 7050 includes provisions to protect Minnesota’s waters from pollution – including classification system for both surface and ground waters, listing of specifically classified water bodies, water quality standards, nondegradation (antidegradation) provisions, and methods for the determination of site-specific criteria.

Chapter 7052 provides standards specific to surface waters of the state in the Lake Superior Basin - establishes aquatic life, human health, and wildlife water quality standards and criteria for Great Lakes Initiative pollutants, nondegradation standards, and implementation procedures for deriving effluent limitations from these standards and criteria.


The Federal Clean Water Act (CWA) requires States to review their water quality standards every three years (“Triennial Review”) and to amend and update them if necessary. The MPCA initiated this triennial review by seeking comments in a Request for Comments published in the July 28, 2008, State Register.

[Read more about proposed MPCA amendments to Water Quality Standards in Minnesota]

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IDNR Antidegradation Rules - Extension of Comment Period on Proposed Revision

The Iowa Department of Natural Resources (DNR) has extended the public comment period on the proposed antidegradation rules to March 4. The antidegradation policy, required by Iowa law, would set minimum requirements for the conservation, maintenance and protection of water quality and existing uses of surface waters.

Antidegradation policy is one of the three components of water quality standards - 1) designated uses, 2) water quality criteria to protect those uses, and 3) antidegradation policy). The DNR is proposing a four-tiered approach, including creating a guidance document that establishes procedures for implementing the antidegradation policy.

The changes being proposed include the following:

1. Incorporate by reference the document entitled “Iowa Antidegradation Implementation Procedure,” which proposes an approach to be followed in assessing and minimizing degradation of Iowa’s surface waters


2. Update antidegradation policy language with four tier approach, and


3. Remove High Quality (Class HQ) and High Quality Resource (Class HQR) designated uses and add several waters to the newly proposed Outstanding Iowa Water (OIW) category.
   
   

Caltha LLP provides specialized expertise to clients nationwide in the evaluation and use of ambient water quality criteria, site-specific water quality standards, and permit limits. Caltha staff have prepared national Ambient Water Quality Criteria for US EPA and provide expert resources for permittees and/or their technical consultants as they address State and Federal water quality standards.

[Click here to request further information on water quality standards technical support.]

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Water Quality Standards - Effluent Limits vs Permit Limits

The “standards” that can be applied to wastewater discharges, or any discharge regulated under a National Pollutant Discharge Elimination System (NPDES) permit in a number of different ways, and can be applied differently to different types of discharges. Three types of standards which are often confusing to permittees are 1) water quality standards, 2) effluent limits, and 3) permit limits. Here we provide a brief description to highlight some of the differences between these three types of standards and how they might interact.

Water Quality Standards
Water quality standards (also known as ambient water quality criteria) are specific standards set by States and apply to the quality of surface waters – lakes, rivers, streams, etc. Ideally, these standards reflect the highest concentration of a chemical that can be present in a given water body that will still allow it to meet its designated uses.

Effluent Limits
Effluent limits (sometimes called categorical standards, or categorical effluent limits) are standards that apply to the quality of wastewater discharges from a specific “category” of industry-type. These limits apply to all dischargers within that category, no matter where they discharge to.

Permit Limits
Permit limits are specific standards that apply to a given permittee and show up in their NPDES permit. They can reflect Effluent Limits that might apply to that permittee, if they are a categorical discharger. The permit limits will also reflect limits on specific chemicals that are needed to meet the water quality standards associated with the receiving water(sometimes refered to as "water quality-based effluent limits" or WQBEL). This does not mean that the discharger will be allowed a discharge that will begin the receiving water up to its Water Quality Standard. State Antidegradation Policies may require limits on specific chemicals that are well below their Water Quality Standards in the receiving water.

[Read more about Antidegradation Policies]


Caltha LLP provides specialized expertise to clients nationwide in the evaluation and use of ambient water quality criteria, site-specific water quality standards, and permit limits. Caltha staff have prepared national Ambient Water Quality Criteria for US EPA and provide expert resources for permittees and/or their technical consultants as they address State and Federal water quality standards.

Caltha LLP Aquatic Toxicology - Water Quality Standards Webpage


[Click here to request further information on water quality standards technical support.]


For further information contact Caltha LLP at
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Ohio Water Quality Standards - Antidegradation Rule Revision

The Ohio Environmental Protection Agency (OEPA) is currently in the process of revising State Rules relating to Water Quality Standards and Antidegradation (Non-Degradation) Rules. The draft Rules are being published independently; however, because all the Rules are interrelated, OEPA has extended the public comment period.

The draft Rules applying to Antidegradation were released for comment near the end of 2008. Some of the key revisions being proposed include:

• The definition of “best available demonstrated control technology” (BADCT) is being updated to include new design criteria and effluent limits for nitrogen and phosphorus.
• Definitions for “designated uses”, “existing uses”, and “threatened species” are being removed since these definitions are located in the Water Quality Standards Rule.
• Definitions for “local and regional drainage pattern”, “loss of use”, “preferred alternative”, and “40 C.F.R.” are being added.
• The types of alternatives to be considered under the definitions for “minimal degradation alternative” and “non-degradation alternative” are being clarified.
• The definition of “regulated pollutant” is being revised to clarify that parameters include narrative and numeric water quality criteria and those limited by best professional judgment in a NPDES permit.
• The rule exemption in paragraph for net increases from existing sources is being clarified.
  Applications for Section 401 water quality certifications for wetlands will be exempt from the submital of alternatives analysis and social and economic justification information
• Section 401 water quality certifications impacting Lake Erie or its shoreline will be exempt from the mandatory public hearing
• New language is included regarding what constitutes the loss of a beneficial use.
• The set aside revision process for special high quality waters in is being clarified.
• The tables of special high quality waters are being updated.

The deadline for comments on the draft rule has not been determined yet. A draft rule addressing mitigation requirements or impacts on streams will be made available for review and comment in early 2009. Because the content of that rule relates to part of the antidegradation rule, the comment deadline for both rules will be 60 days after the stream mitigation rule is made available.

Caltha LLP provides expert technical support to clients nationwide to address State water quality standards. Caltha provides specialized expertise in biomonitoring, aquatic toxicology and impacts to aquatic communities.

[Click here to request further information on water quality standards technical support.]

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State Antidegradation Policy - Significance to Wastewater and Stormwater Dischargers

Over recent years, much attention has been placed on State policies and procedures regarding impaired waters, 303d listing, and TMDLs. However, State Antidegradation Policies can be as significant, and in many cases can affect a greater number of dischargers.

In essence, the two regulatory programs address two subsets of "waters of the State" 1) those that currently do not meet their water quality standards, and 2) those that do currently meet standards.

Impaired Waters Programs address waters that do not meet their respective water quality standards. Studies and implementation plans ("TMDLs) are required to move these impaired waters back into compliance.

In contrast, Antidegradation policies or programs address waters that current meet their respective standards. In this case, policies or rules are in place to assure that NEW or EXPANDED discharges to these waters do not result in an unacceptable degradation in water quality (even if still below water quality standards). Antidegradation policies will generally set thresholds for new or expanded discharges above which Antidegradation Reviews may need to be conducted before the discharge is permitted.

One of the complicating factors in antidegradation policies is the application to stormwater discharges which require an NPDES permit. Typically the antidegradation policy thresholds are not expressed in units that are easily applied to stormwater discharges. For example, an existing industrial facility which has a permit to discharge stormwater expands its truck parking area, which technically increases flow. Depending on the specific requirements of the State's antidegradation policy, this increase may require an antidegradation review.

Caltha LLP provides technical support to wastewater and stormwater permittees nationwide to address antidegradation requirements.

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Iowa DNR Antidegradation Policy – IDNR Accepting Comments on Draft Policy

The Iowa Department of Natural Resources (IDNR) is proposing changes to its “Antidegradation Policy”. The changes can impact any wastewater discharger in Iowa, but especially new permittees or existing permittees that may wish to increase their discharge in the future. The changes being proposed include:

• Incorporate by reference the document entitled “Iowa Antidegradation Implementation
  Procedure,” which proposes an approach to assessing and minimizing degradation of Iowa’s surface waters,
• Update antidegradation policy language with four tier approach,
• Remove High Quality (Class HQ) and High Quality Resource (Class HQR) designated uses and add several waters to the newly proposed Outstanding Iowa Water (OIW) category.
  

The purpose of the antidegradation policy is to set minimum requirements to conserve, maintain, and protect existing uses and water quality for water bodies that currently meet their water quality standards. The department is required by Clean Water Act to develop and adopt a statewide antidegradation policy and to identify procedures for implementing the policy. Comments on the draft policy are being accepted through January 29, 2009.

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