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.

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Regional Low Carbon Fuel Standard - LCFS Initiative For 11 States

Eleven Northeast and Mid-Atlantic States have committed to developing a regional Low Carbon Fuel Standard in order to reduce greenhouse gas emissions from fuels for vehicles and other uses. These States will work together to create a common fuel standard that will reduce greenhouse gas emissions on a technology-neutral basis.

The Low Carbon Fuel Standard (LCFS), as defined in the Letter of Intent for the initiative, is a market-based, technologically neutral policy to address the carbon content of fuels by requiring reductions in the average lifecycle greenhouse gas emissions per unit of useful energy. A LCFS could apply to transportation fuels, and also to fuels used for heating buildings, for industrial processes, and for electricity generation.

The participating States commit to an effort to analyze low carbon fuel supply options and develop a framework for a regional LCFS in the Northeast-Mid-Atlantic region. These States also agree to draft a Memorandum of Understanding concerning the development of a regional low carbon fuel standard program, to be forwarded for consideration by the governors of the States by December 31, 2009, or as soon thereafter as possible.


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Maximum Residue Levels MRL for Pesticides - New EU Rules

Recently, new European Union (EU) rules setting enforceable Maximum Residue Levels (MRLs) for pesticides came into force (Regulation No 396 / 2005). Rules set Maximum Residue Concentrations (MRL) for a wide range of pesticide in a variety of agricultural products. The MRLs are listed in a publicly available database. A European Commission database is now available to search for the MRL applicable to each crop and pesticide.

Caltha LLP assists companies in meeting various product stewardship requirements and meeting regulatory standards. Caltha staff provide specialized expertise in the assessment of chemicals, including agrichemicals, in the environment.

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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


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Water Effect Ratio and Ambient Water Quality Criteria

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.]

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EPCRA 311-312 Reporting For Fuels – Conditional Exemptions

Do facilities need to report fuels stored on-site under EPCRA 311 and 312?

In most cases, fuels must be considered under EPCRA 311 and 312, and must be reported on Tier I or Tier II forms if the maximum inventory during the reporting year exceeds the EPCRA reporting threshold of 10,000 pounds.

There are some limited exceptions for fuel storage. However, these apply only to retail establishments and only to storage in underground storage tanks (USTs). For such facilities, the condition exemption applies only to two fuel types:

• For gasoline at a retail gas station, the threshold level is 75,000 gallons, if storage meets some specific conditions
• For diesel fuel at a retail gas station, the threshold level is 100,000 gallons, again if storage meets some specific conditions.

Caltha LLP provides expert regulatory support to clients nationwide. Click here to request further information on State EPCRA Tier II reporting services.

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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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