WIsconsin Runoff Performance Standards - Proposed NR 151

The Wisconsin Department of Natural Resources (WDNR) is currently in the process of making revisions to Wisconsin Rule NR 151. NR 151establishes runoff pollution performance standards for non−agricultural facilities and transportation facilities and performance standards and prohibitions for agricultural facilities and practices designed to achieve water quality standards.

[Read on proposed changes to WDNR amendments to stormwater runoff rules]

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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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TALU - MPCA Considers Major Revison To Water Quality Standards

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:

• How will assessments made using TALU relate to determination of impairment, and the State list of Impaired Waters (“303d List”)?
• If listed on 303d List, how would a TMDL be implemented?
• How would permitted discharges be controlled if discharging to a “stressed” water body?
• How would it be determined that a discharge “causes or contributes to” an impairment if discharging to a “stressed” water body?
• How would TALU be used for “development and modification of water quality standards to produce improved standards”?

Caltha LLP provides technical support to wastewater dischargers needing to evaluate and address their State's water quality standards.

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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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Mercury Source Reduction Sectors - Draft GLRC Priority Sectors

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:

• Utility boilers
• Metals production
• Waste incineration
• Cement production
• Non-utility fuel combustion
• Mercury cell chlor-alkali plants
• Mercury emission related to product use and disposal
  

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Proposed Revision to South Dakota (DENR) Water Quality Standards

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.

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Mercury Air Emissions - Petition to Control Air Emmisions to Reduce Mercury in Water

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.

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