The U.S. EPA has announced plans to revise the existing standards for water discharges from coal-fired power plants. Earlier this year, EPA completed a multi-year study of power plant wastewater discharges. This study concluded that current regulations, which were issued in 1982, have not kept pace with changes that have occurred in the electric power industry over the last three decades. As part of the multi-year study, EPA measured the pollutants present in the wastewater and reviewed treatment technologies, focusing mostly on coal-fired power plants. Many of the toxic pollutants discharged from these power plants come from coal ash ponds and the flue gas desulfurization systems used to scrub sulfur dioxide from air emissions.
Once the new rules for electric power plants is finalized, EPA and States would incorporate the new standards into wastewater discharge permits.
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Caltha LLP provides specialized expertise to clients nationwide in the environmental permitting & compliance, environmental management systems, and preparing cost-effective EHS compliance programs.
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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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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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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:
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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
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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.
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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.
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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.
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The Oklahoma Department of Environmental Quality (ODEQ) is proposing to modify its rules concerning biomonitoring (whole effluent toxicity, or WET) requirements for wastewater dischargers. Under the proposed rules, a sublethal test failure (failure to demonstrate growth or reproduction) will be handled the same as a lethal test failure (death to the test organisms). This change is required based on changes in US EPA requirements and has already been promulgated into Oklahoma’s Water Quality Standards. Additionally, the proposed rule modifications further refine when a facility may request a biomonitoring organism change from Daphnia pulex or Ceriodaphnia dubia to Daphnia magna. Finally, the proposed rule modifications would require monthly monitoring for phosphorus and/or nitrogen if a facility is discharging to a nutrient limited watershed as designated by Oklahoma’s Water Quality Standards.
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.
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The U.S. Environmental Protection Agency has recently delegated its authority under the Clean Water Act to the State of Alaska. EPA will hand off wastewater discharge permitting authority and enforcement in Alaska to the Alaska Department of Environmental Conservation (DEC).
Alaska joins 45 other states that oversee their own National Pollutant Discharge Elimination System (NPDES). Delegated States can write their own standards, but they can not be any less strict than federal standards.
In November 2008, DEC took control over wastewater discharge permits for timber harvesting, seafood processing and municipal dischargers. Existing permits from the EPA will turn into state permits. Over the next three years, in phases, the state will take over permitting of federal facilities in Alaska, stormwater, mining, and finally oil and gas permits, cooling water and other minor permitting programs.
Caltha LLP assists clients in meeting State and Federal NPDES permit and compliance requirements. For more information on Stormwater Permits and Compliance, go to Stormwater and SWPPP website.
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On January 7, 2009, an Appeals Court vacated a U.S. Environmental Protection Agency (EPA) rule that has allowed pesticides to be applied to U.S. waters without a Clean Water Act permit. In November 2007, EPA had issued the final rule stating that pesticides applied in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) are exempt from the Clean Water Act's permitting requirements.
The Clean Water Act regulates the discharge of pollutants into the nation's waters by, among other things, requiring entities that discharge pollutants to obtain a National Pollutant Discharge Elimination System (NPDES) permit. For nearly 30 years before adoption of the 2007 rule, pesticide labels issued under the FIFRA were required to contain a notice stating that the pesticide could not be "discharged into lakes, streams, ponds, or public waters unless in accordance with an NPDES permit".
The court ruled that pesticide residues and biological pesticides constitute pollutants under federal law and therefore must be regulated under the Clean Water Act in order to minimize the impact to human health and the environment.
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In October 2008, EPA finalized a rule helping to protect the nation’s water quality by requiring concentrated animal feeding operations (CAFOs) to safely manage manure. The rule deadline for newly defined facilities to apply for permits is February 27, 2009.
One of the key requirements under the new rules is for a Nutrient Management Plan (NMP) for manure to be submitted as part of a CAFO’s Clean Water Act permit application. Previous rules required a CAFO operator to use an NMP for controlling manure, but did not required the NMP to be submitted with the permit application. The plan will be reviewed by the permitting authority and conditions based on it will be incorporated as enforceable terms of the permit.
The regulation also requires that an owner or operator of a CAFO that actually discharges to streams, lakes, and other waters must apply for a permit under the Clean Water Act. If a farmer designs, constructs, operates and maintains their facility such that a discharge will occur, a permit is needed. EPA is also providing an opportunity for CAFO operators who do not discharge or propose to discharge to show their commitment to pollution prevention by obtaining certification as zero dischargers.
Finally, the final rule includes technical clarifications regarding water quality-based effluent limitations and use of best management practices to meet zero discharge requirements, as well as affirming the 2003 rule requirement for reducing fecal coliform bacteria through the use of best conventional technology (BCT).
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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.
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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.
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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.
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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.
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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:
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