Overview Training - Clean Water Act And Related Rules And Programs

Overview of Clean Water Act 

Click link above to download presentation slides.

Overview of the Clean Water Act and underlying programs. Clean Water Act; CWA; wastewater; NPDES; pretreatment permit; water quality standards; permit limits; effluent guidelines; effluent standards; waters of the US, water quality criteria, SPCC rule

Impaired Waters and Antidegradation Requirements In Draft Maryland Industrial Permit

Maryland Department of the Environment (MDE) is issuing a draft General Permit Number 12-SW of stormwater discharges from industrial facilities. MDE has chosen to base the state’s permit on the EPA’s Multi-Sector General Permit (MSGP). The draft permit will replace the General Permit Number 02-SW that was issued for a five-year term on December 1, 2002. The General Permit 02-SW expired on November 30, 2007 but was administratively continued for facilities that were covered under the permit at the time it expired. The final permit is expected to be issued in early 2013.

Read a summary of the key changes to the Maryland General Permit.

Information about Maryland General Permit SWPPP Template and Compliance Plan

The draft permit contains new, specific WQBEL requirements applicable to impaired waters and antidegradation policies:

• Discharges to Impaired Waters – The permit contains requirements for new and existing discharges to impaired waters with or without EPA approved or established TMDLs. New dischargers are only eligible for discharge authorization if they demonstrate that there is either no exposure of stormwater to the pollutant for which the water is impaired, or the impairment pollutant is not present at the facility, or that the discharge is not expected to cause or contribute to a water quality standards exceedance. For existing discharges to impaired waters with State approved or established TMDLs, MDE will determine if more stringent requirements are necessary to ensure that the permittee is discharging consistent with the TMDL and applicable WLA.
• Antidegradation Requirements – MDE has clarified its expectation of operators to meet antidegradation requirements as part of the permit authorization process as well as to comply with permit provisions after authorization to discharge is received. If an NOI indicates that an operator is seeking coverage for a new discharge to a Tier 2 water, MDE will determine if additional requirements are necessary to be consistent with the applicable antidegradation requirements, or if alternatively, an individual permit application is necessary. New dischargers are no longer eligible for coverage under this permit for discharges to waters designated as Tier 3 for antidegradation purposes.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

New or Expanded Stormwater Discharges Under Proposed MPCA Nondegradation Policy

The Minnesota Pollution Control Agency (MPCA) has been attempting to revise the Minnesota Nondegradation Policy for several years. One major issue has been how rule will apply to stormwater discharges, because the existing policy was developed to apply to traditional point source discharges.

In September 2012, MPCA released its proposed revision to the State Nondegradation Policy. Under the proposed rule, MPCA will address future nondegradation requirements for stormwater discharges as new permits are issued. For new, reissued, or modified stormwater permits, agency will conduct nondegradation review. This review will include an analysis of prudent and feasible alternatives that avoid and minimize net increases in loading or other causes of degradation. The agency will then select the least degrading prudent and feasible alternatives identified. Therefore, with the final revision of the Nondegradation Policy, as currently proposed, the requirements for new or expanded stormwater discharges will not be clarified. These requirements will be incorporated into various permits (e.g, industrial, construction, MS4) issued in the future.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Ohio Antidegradation Requirement Under Revised Industrial Permit

Antidegradation rules have been required since 1972, and set standards that need to be meet for New or Expanded discharges. These rules also establish additional evaluations, controls, and sometimes prohibit discharges to selected high value water bodies.

The Ohio EPA has recently proposed antidegradation requirements that will apply to industrial stormwater discharges under the State of Ohio Multisector general permit (MSGP) for industrial stormwater. In order to comply with the Ohio Antidegradation Rules, facilities that were not authorized to discharge storm water by an NPDES industrial storm water general permit prior to February 11, 1996 are not eligible for coverage under the revised general permit if the site discharges to outstanding state waters, superior high quality waters or outstanding national resource waters, other than Lake Erie, as defined by and identified in rule 3745-1-05 of the Ohio Administrative Code, or direct tributaries to these waters within 1 mile of these waters.

Facilities excluded from coverage under the revised general permit will need to permit stormwater discharges by other means, and will need to meet antidegradation requirements.

[Read summary of OEPA general permit]

Caltha LLP provides expert consulting services to public and private sector clients in Ohio and nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

Biomonitoring Requirements - Amendment to OK Rules

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.

The proposed rule modifications also 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 also 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.

[Click here to request further information on aquatic toxicology and aquatic community impact assessment]

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

EPA Stormwater Antidegradation Requirements - New or Expanded Discharges

The US EPA Multi-sector General Permit promulgated in 2008 (“MSGP-2008”) includes antidegradation requirements that apply to new and/or expanded discharges of stormwater from regulated industrial sites.

[What is an Antidegradation Policy?]

EPA’s approach to antidegradation requirements is based on three categories of “special” waters – Tier 2, Tier 2.5 and Tier 3. [Read more about how Stormwater Antidegradation Tiers are defined]

Requirements:

Tier 2. For new or existing dischargers to Tier 2 waters, the discharger is required to notify US EPA prior to making changes at the site which “qualify the facility as a new source or that could significantly change the nature or significantly increase the quantity of pollutants discharged”. EPA may notify the facility that additional analyses, control measures, or other permit conditions are necessary to comply with the applicable antidegradation requirements, or notify the facility that an individual permit application is necessary.

Tier 2.5. Same requirements as Tier 2.

Tier 3. New or existing discharges to Tier 3 waters can not be permitted under the MSGP-2008.

Caltha LLP assists companies in addressing their requirements under State and Federal stormwater rules. Caltha specializes in developing cost effective corporate-wide SWPPP programs covering multiple facilities. Click here to request further information on Stormwater and SWPPP Services.

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

EPA MSGP 2008 Stormwater Antidegradation - Special Requirements in MA, MN, WI Others

The US EPA Multi-sector General Permit promulgated in 2008 (“MSGP-2008”) includes antidegradation requirements that apply to new and/or expanded discharges of stormwater from regulated industrial sites.

[What is an Antidegradation Policy?]

Regulation of discharges is based on three categories of waters:

Tier 2 Waters – Tier 2 waters are characterized as having water quality that exceeds the levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water.
Tier 2.5 Waters – For antidegradation purposes, Tier 2.5 waters are those waters designated by States or Tribes as neither Tier 2 nor Tier 3. States have special requirements for these waters. These waters are given a level of protection equal to and above that given to Tier 2 waters, but less than that given Tier 3 waters.
Tier 3 Waters – For antidegradation purposes, Tier 3 waters are identified by states as having high quality waters constituting an Outstanding Natural Resource Water (ONRW), such as waters of National Parks and State Parks, wildlife refuges, and waters of exceptional recreational or ecological significance.

Regardless of these general descriptions, the water bodies regulated under each tier must be LISTED by US EPA. The list of effected waters can change overtime. Currently, the States with listed waters include:

Tier 2 or 2.5: Massachusetts, New Hampshire, District of Columbia, Minnesota
Tier 3: New Hampshire, Puerto Rico, Minnesota, Wisconsin, New Mexico

Caltha LLP assists companies in addressing their requirements under State and Federal stormwater rules. Caltha specializes in developing cost effective corporate-wide SWPPP programs covering multiple facilities. Click here to request further information on Stormwater and SWPPP Services.

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

MPCA Stormwater Antidegradation Requirements – Draft Requirements

UPDATE: On July 6, 2009, MPCA is scheduled to release its proposed Multisector Industrial General Stormwater Permit. In July, Caltha LLP will be hosting seminars in several cities across Minnesota to provide information on the proposed permit and rule changes, and steps facilities can take to reduce their impact.

For more information, go to:

MPCA SWPPP Permit - Industrial Stormwater Permit Reissue Seminars

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On December 18, 2008, the Minnesota Pollution Control Agency (MPCA) released a redraft of the Multisector Industrial General Permit (MSGP) currently being written. Similar to previous drafts, this version is incomplete. [Read about previous draft of MPCA permit]

One of the important elements of this draft is the proposed antidegradation requirements for stormwater [Read further information on Antidegradation Policies].

Two overall categories are presented to determine potential antidegradation policy status:

All waters of State (Statewide). Any facility that requires an NPDES permit for stormwater discharge AND after January 1, 1988 increased the area of industrial activities by more than 91 acres (by expansion or new construction) must implement specific additional stormwater controls listed in the permit. As currently drafted, this requirement appears to apply retroactively, meaning that a facility that expanded by more than 91 acres anytime after January 1, 1988 could be required to retrofit stormwater controls to meet the new requirements.

Sites Near “Special Waters”. This requirement applies to facilities located within 1-mile of listed special waters, including Lake Superior, upper Mississippi River, lake trout lakes and other outstanding resource value waters. This requirement, as currently drafted, applies to all facilities within 1-mile of these waters, regardless of a “new or expanded” discharge. Facilities currently permitted and in compliance with the MPCA general permit would need to meet all permit requirements, including the listed additional stormwater controls. These permittees could be required to retrofit existing stormwater controls to meet the new requirements.


The MPCA MSGP is a work in progress; revisions and additions to the permit continue to be made. Once a draft is completed, the permit will be issued for public comment. Because of the size and complexity of the draft permit (especially compared to the current permit, written in 1997), it is expected that there will be significant public comments.

Caltha LLP provides expert technical support to Minnesota facilities subject to stormwater permitting requirements.

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

Iowa (IDNR) Antidegradation Policy - Potential Impacts on Stormwater Permits

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.
  
  

Antidegradation policies can potentially have a significant impact on stormwater permitting requirements. Adding new stormwater discharge points, or increasing impervious area could be viewed as “new or expanded” discharge. This could result in extensive antidegradation reviews before proposed projects are allowed permit coverage. However, currently the IDNR is proposing to conduct antidegradation reviews for discharges authorized by general permits will occur for the entire class of general permittees when the general permit is issued. Although additional requirements may have to be met, individual projects would not need to conduct their own antidegradation review under the IDNR proposal.

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.

Caltha LLP provides technical support to dischargers needing to evaluate and address their State's antidegradation requirements.

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