NPDES Permit - Clean Water Act Delegation For Alaska DEC

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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FIFRA Pesticides - Clean Water Act Permitting Requirements

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.

Caltha LLP assists dischargers in meeting State and Federal requirements for wastewater discharge. Caltha provides specialized expertise in the assessment, standards and regulation of pesticides and herbicides in the environment.

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Nutrient Management Plans for CAFO - Zero Discharge Requirements

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).

Caltha LLP offers expert technical support to wastewater dischargers needing to meet State and Federal discharge requirements. Caltha provides specialized expertise in State and Federal Water Quality Standards.

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Motor Vehicle Air Conditioner Leakage Reporting Requirement

Beginning in 2009, auto makers are required to calculate and report refrigerant leakage rates for their vehicles sold in Minnesota. In 2008, Minnesota State Legislation was passed that requires reporting of leakage rates from motor vehicle air conditioners using HFC-134a as a refrigerant. The law applies to new vehicles that are to be sold in Minnesota on or after January 1, 2009. Auto manufacturers must report the leakage rate of refrigerant to the Minnesota Pollution Control Agency (MPCA) at least 90 days before the first date the vehicle is offered for sale. Currently, this requirement is for reporting only; no acceptable leakage rate criteria were established.

The reporting requirement applies to light duty vehicles and medium duty passenger vehicles and includes model year 2009 and later.

Caltha LLP assists manufacturers in meeting their product stewardship reporting requirements. For more information, go to Product Stewardship Services.

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Temporary Environmental Health & Safety Staffing – Contract EHS Services

Caltha LLP provides experienced EH&S personnel to fill corporate and facility positions. Positions can be filled on a full-time or part-time basis. Assignments typically range from a few weeks to several months. Temporary staffing can be used for:

• Short-term resource needs
• Workload leveling
• Staff leave of absence
• Bridge staffing while positions are being filled
• Special projects
• New program roll-out
• Reporting

Click here to request more information on Temporary EHS staffing.

Caltha is always interested in hearing from EHS professionals with corporate or facility EHS compliance experience. Click here to send an inquiry regarding staffing positions.

For further information contact Caltha LLP at
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Battery Recycling Requirements - New European Union Rules

New EU-wide rules to boost the collection and recycling of used domestic batteries came into force recently. The rules are intended to reduce the environmental and health hazards posed by mercury, lead, cadmium and other metals in batteries.

The targets, agreed by EU member states, are the collection of 25 % of discarded household batteries by 2012. This target will rise to 45 % in 2016.

By September 26, 2009 all batteries collected should be recycled, with exceptions in certain circumstances. Batteries containing mercury, lead and cadmium are classified in Europe as "hazardous waste". The new rules also cover industrial and vehicle batteries, ensuring that users have the possibility of returning used batteries for collection. The new rules also include restrictions on the use of mercury in all batteries and on the use of cadmium in portable batteries.

Caltha LLP assists manufacturers in meeting product stewardship goals and regulatory requirements associated with their products.

For further information contact Caltha LLP at
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EU Proposes Revision To WEEE Directive

The Waste Electronics and Electric Equipment (WEEE) Directive came into force in 2003. Soon after a number of technical, legal and administrative difficulties became apparent; therefore the WEEE Directive was thus called out for up-date and simplification.

The WEEE Directive aims to 1) prevent the generation of electrical and electronic waste and 2) to promote reuse, recycling and other forms of recovery to reduce the quantity of waste discarded. It requires the collection of waste electrical and electronic equipment and the recovery and reuse or recycling of waste collected.

The directive is based on producer responsibility; producers of equipment used by private households are responsible for providing financing for the collection, treatment, recovery and environmentally-sound disposal of WEEE deposited at collection facilities. Producers of equipment used by others than private households are financially responsible for the costs of collection, treatment, recovery and environmentally-sound disposal.

Member States are required to draw up a register of producers and collect information on an annual basis on the quantities and categories of electrical and electronic equipment placed on their market, collected, re-used, recycled and recovered within that Member State and on collected waste exported.

Since 2003 data have shown that the Directive's goals could not be achieved at current collection and recycling rates. An EU review of the Directive required the Commission to propose new mandatory WEEE collection target and new targets for recovery and re-use or recycling, including for reusing whole appliances as appropriate, and targets for electrical and electronic medical devices. A new provision is added to harmonize producer registration and reporting in the EU by making national registers inter-operable.

Experience with the WEEE Directive also points to implementation problems resulting in a high percentage of WEEE not handled according to the requirements of the directive. It also shows that a significant amount of illegal shipments of polluting E-waste finds its way to developing countries where is has an impact on the health of local populations. To close the implementation gap, the EU proposes to strengthen the enforcement of the WEEE Directive.

Caltha LLP assists manufacturers in meeting their product stewardship goals and regulatory requirements.

For further information contact Caltha LLP at
info@calthacompany.com
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Caltha LLP Website