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]
For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website
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:
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.]
For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website
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
info@calthacompany.com
or
Caltha LLP Website
The water effect ratio (WER) is defined as the ratio of the toxicity of a chemical in site water to the toxicity of the same chemical in standard laboratory water. Because standard laboratory water would have been used to generate toxicity data used to calculate State or Federal Water Quality Criterion, a WER which is greater than or less than 1 would infer that the chemical would be more or less toxic in site water. Therefore, the ambient water quality standard might be adjusted to meet the same aquatic life protection goals. The water effect ratio is developed to compensate for site-specific biogeochemical factors such as hardness, alkalinity, organic carbon, etc. which can influence the bioavailability and toxicity of chemical.
In practice, WER are often used to generate site-specific water quality standards that are higher than State or Federal standards.
The process of generating and using WER in the NPDES permitting process requires close coordination with the permitting agency. Work to prepare acceptable WER may require water quality monitoring and laboratory toxicity tests. NPDES permits issued using a WER may also include additional receiving water monitoring requirements.
Caltha LLP provides specialized expertise to clients nationwide in the evaluation and use of WER, and site-specific water quality standards. Caltha staff have prepared National Ambient Water Quality Criteria for US EPA and provide an expert resource 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.]
For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website
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 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.]
For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website
The US Environmental Protection Agency (EPA) has recently announced that the agency is taking actions to develop the required Nutrient Water Quality Criteria within the State of Florida. These actions include EPA issuing a formal determination under the Clean Water Act that “numeric” nutrient water quality criteria are necessary in Florida, and concluding the State needs to accelerate its efforts to adopt numeric nutrient criteria.
Florida’s 2008 Integrated Water Quality Assessment estimated that at least 1,000 miles of rivers and streams, 350,000 acres of lakes, and 900 square miles of estuaries are impaired by nutrients. The new numeric nutrient water quality standards will help the Florida Department of Environmental Protection (FDEP) improve the efficiency and effectiveness of its water quality management tools, identify waters impaired because of nutrient pollution, establish total maximum daily loads and Basin Management Action Plans, and derive National Pollutant Discharge Elimination System (NPDES) permit limits.
EPA expects to propose numeric nutrient standards for lakes and flowing waters within 12 months, and for estuaries and coastal waters within 24 months.
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 and aquatic community impact assessment]
For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website
On December 15, 2008, USEPA informed the Missouri Department Natural Resources (MDNR) that new or revised water quality standards are necessary to protect the Mississippi River in Missouri. MDNR designated many stream segments and all of its lakes for recreational uses. However, Missouri did not assign the highest level of recreational use to a 195.5-mile segment of the Mississippi River that flows from St. Louis to the confluence of the Mississippi and Ohio Rivers. This EPA action directs the State to address approximately 160 miles of the Mississippi River to ensure that swimming, water-skiing and other recreational uses are protected. This will require MDNR to assign more stringent water quality criteria, which may in turn result in tighter wastewater discharge permit limits.
This action could impact many municipal and industrial NPDES permitted discharges in this reach of the Mississippi River, whether or not existing water quality data indicate that the river does/ does not currently meet recreational use standards.
Caltha LLP assists clients nationwide in addressing water quality standards in permitting and environmental reviews.
For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website
US EPA recently published proposed updated to its water quality criteria for acrolein and phenol. Water quality criteria are generally calculated to protect aquatic life. However, for certain chemicals which can accumulate in fish, criteria also are based on protection of human health. In addition to being directly exposed to chemicals in the water, humans can also be exposed when fish are eaten that have accumulated chemical from the water. Both acrolein and phenol have human health-based water quality criteria.
Comment period for the draft criteria ended in October 2008.
The proposed criteria are significantly lower compared to current criteria used for the two chemicals:
Acrolein:
Water + Organisms: 6 mg/L (currently 190 mg/L)
Organisms Only: 9 mg/L (currently 290 mg/L)
Phenol:
Water + Organisms: 10,400 mg/L (currently 20,700 mg/L)
Organisms Only: 857,000 mg/L (currently 1,700,000 mg/L)
Acrolein is used in various chemical manufacturing processes and is also used as a common herbicide. Phenol is also used to make chemical intermediates for a wide range of other applications, ranging from plastics to pharmaceuticals and agricultural chemicals.
Caltha LLP provides specialized expertise in environmental toxicology and water quality standards.
For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website
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.
For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website
The Missouri Department of Natural Resources (MDNR) has begun the formal process of setting nutrient water quality criteria for streams and rivers in the State, as required under section 304(a) of the Clean Water Act. This is the second phase of a process approved by US EPA in 2005 to set water quality standards for specific nutrients in waters of the State. This process was detailed in the document "Nutrient Criteria Plan".
Nutrient criteria for lakes and reservoirs have already been drafted and are scheduled for submission into the rulemaking process as a part of revision to Water Quality Standards.
Beginning in February 2009, MDNR will be conducted public meetings to solicit input into the development of nutrient criteria for streams and rivers.
Caltha LLP assists clients nationwide in assessing and addressing water quality standards.
For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website
Minnesota is working to revise its Water Quality Standards to incorporate a tiered aquatic life use framework for rivers and streams in the state. The Tiered Aquatic Life Use (TALU) framework represents a significant revision to the Water Quality Standards of the State’s aquatic life use classification.
MPCA will be conducting public meetings to discuss the approach during January 2009. Rulemaking to incorporate TALU into State Water Quality Standards would not occur until 2010-2011.
The TALU approach utilizes biological assessments of water bodies to identify “stressed” aquatic communities. This assessment would be separate from, and in addition to, traditional current chemical monitoring of lakes and streams to determine if they meet State Water Quality Standards. TALU also provides a mechanism to determine impairments of “modified or limited water resources”, which may include channelized streams and agricultural ditches.
TALU presents a few issues related to integration into existing regulatory programs and requirements, including:
Caltha LLP provides technical support to wastewater dischargers needing to evaluate and address their State's water quality standards.
For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website
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:
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.
For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website
In 2008, the Great Lakes Regional Collaboration (GLRC) Executive Committee directed that a Great Lakes Mercury Emission Reduction Strategy be developed with a goal of producing institutionalized activities to sustain mercury emission reductions from unregulated sources, and regulated sources with potential for additional reduction. The strategy would produce recommendations or options for state action. A workgroup was formed in April 2008 to develop the Strategy.
In November 2008, the work group released several draft documents which will be part of the overall Draft Mercury Emission Reduction Strategy Report. These documents have been made available for public comment until December 17, 2008.
A key document out for review is the draft listing of priority source sectors to be addressed. These sectors were selected based on a set of criteria (which are also being published for public comment) and using existing information of mercury sources. The priority source sectors are:
For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website
The South Dakota Department of Environment & Natural Resources (DENR) has proposed revisions to the State water quality standards.
Link to proposed SDDENR water standards
Many of the revisions being propsed relate to the application of dissolved oxygen (DO) standards to lakes and rivers.
For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website
The New England Interstate Water Pollution Control Commission has petitioned that EPA regarding Section 319(g) of the Clean Water Act, which requires controls on air emissions of mercury. EPA is being asked to bring together a management conference with eleven States that contribute much of the mercury emissions that end up in water bodies in the Northeast.
The EPA approved a Northeastern regional mercury TMDL last year that the States beleive can only can be achieved through stricter federal air emission controls on mercury. Under Section 319(g) of the Clean Water Act, States can petition the EPA to bring together "a management conference of all states which contribute significant pollution resulting from nonpoint sources,".
The petition prepared by the New England Interstate Water Pollution Control Commission says that Pennsylvania, Virginia, New Jersey, Ohio, West Virginia, Maryland, Michigan, Indiana, Kentucky, North Carolina and Illinois each contribute significant nonpoint source mercury pollution that prevent them from meeting their goals.
For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website
