From Stormwater, The Journal for Surface Water Quality Professionals…

The U.S. Environmental Protection Agency (EPA) is proposing minor amendments to its Clean Water Act (CWA) regulations to codify that under the National Pollutant Discharge Elimination System (NPDES) program, only “sufficiently sensitive” analytical test methods, i.e., those that are capable of detecting and measuring the pollutants at, or below, the respective water quality criteria or permit limits, can be used when completing an NPDES permit application and when performing sampling and analysis pursuant to monitoring requirements in an NPDES permit.

This proposal is based on requirements in the CWA and existing EPA regulations. It also would codify existing EPA guidance on the use of sufficiently sensitive analytical methods with respect to measurement of mercury and extend the approach outlined in that guidance to the NPDES program more generally. Specifically, EPA is proposing to clarify the existing NPDES application, compliance monitoring, and analytical methods regulations. The amendments in this proposed rulemaking affect only chemical-specific methods; they do not apply to the Whole Effluent Toxicity methods or their use.

EPA and state permitting authorities use data from the permit application to determine whether pollutants are present in an applicants discharge and to quantify the levels of all detected pollutants.  These pollutant data enable the director of the permitting authority to make a sound reasonable potential determination and, if necessary, establish appropriate permit limits. It is critical, therefore, that applicants provide data that are measured with a precision and accuracy that will be meaningful to the decision making process.  The same holds true for monitoring and reporting relative to permit limits established for regulated parameters.

The public will have 45 days to comment on the proposed rulemaking after publication in the Federal Register.

More information is available here>>

admin NPDES / MS4, National clean water, Clean Water Act, NPDES, stormwater legislation, stormwater standards, US EPA, water quality, water quality criteria, water quality monitoring

From the Pennsylvania Association of Conservation Districts (PACD) newsletter: In order to enhance communication between PADEP and the Conservation Districts, PADEP Deputy Secretary, John Hines,  will provide periodic updates on key initiatives taking place. Here’s the latest:

This has been an exciting week at DEP. On May 17, the Environmental Quality Board approved Chapter 95 Water Quality Standards and Chapter 102 Erosion and Sedimentation regulation as final. Both regulatory packages will proceed to legislative committees and the Independent Regulatory Review Commission. Chapter 95 will set new standards for total dissolved solids in Pennsylvania’s waters. Chapter 102 will enhance post construction storm water management; plowing and tilling; set new fee structures; as well as establish provisions for riparian buffers.

I want to thank all who provided input to help make these packages better in their final form. Additionally we continue to conduct meetings in the development of an EPA required Watershed Implementation Plan for reductions necessary to meet goals for the Chesapeake Bay. Four workgroups have been established. Those workgroups include a Management Team; a Wastewater Workgroup; an Urban, Suburban, and Rural workgroup; and an Agriculture Workgroup. These workgroups will be working on the methodologies necessary to develop target loads for Pennsylvania as well as actions necessary to meet those target loads. District involvement is vital to each of these workgroups. I greatly appreciate everyone’s time and commitment.

–John Hines, Deputy Secretary, PA DEP

admin Announcements buffers, Chapter 102, conservation district, erosion and sediment control, Nonpoint source pollution, NPDES, stormwater standards, total dissolved solids, water quality

The EPA has initiated a national rulemaking to establish a program to reduce stormwater discharges from new development and redevelopment and make other regulatory improvements to strengthen its stormwater program.

Information Collection Request (ICR) for Proposed Rulemaking

EPA is proposing to disseminate a survey to owners and developers of newly developed and redeveloped sites, NPDES permitting authorities, and owners and operators of federally regulated and non-regulated municipal separate storm sewer systems (MS4s), including a separate survey to transportation-related MS4s. These surveys are designed to inform a rulemaking to strengthen stormwater regulations and to establish a program to reduce stormwater from newly developed and redeveloped sites. Stormwater discharges from developed sites can harm water quality through increases in stormwater volume and pollutant loadings into nearby waterways. Generally, as sites are developed there is an increase in areas where water cannot infiltrate, so stormwater volume increases. The resulting stormwater flows across roads, rooftops, and other surfaces, transporting pollutants that are then discharged into waterways. EPA intends to propose a rule to control stormwater from, at minimum, newly developed and redeveloped sites, and to take final action no later than November 2012.

On October 26, 2009, EPA published a Federal Register notice announcing its intent to submit an Information Collection Request (ICR) including three questionnaires: owners, operators, developers, and contractors of developed sites, owners and operators of municipal separate storm sewer systems (MS4s), and states and U.S. territories.

EPA has revised the questionnaires and is now proposing six separate questionnaires focusing on gathering data about current stormwater management practices from specific groups:

• both short and long questionnaires to owners and developers of newly and redeveloped sites.
• a questionnaire to gather data from NPDES permitting authorities.
• a questionnaire for the owners and operators of traditional, federally regulated and non-regulated municipal separate storm sewer systems.
• a specific questionnaire to state and local departments of transportation (DOTs) regulated MS4s.

The draft surveys would require detailed information about stormwater management and control practices, local regulations, and baseline financial information.

EPA is requesting comments on the proposed Information Collection Request, including the associated burden estimate, but is NOT requesting completion of questionnaires at this time. The proposed ICR will be open for public comment for 30 days following publication in the Federal Register (comments must be submitted on or before June 9, 2010).

Comments must be submitted to the docket at www.regulations.gov , Docket ID No. EPA-HQ-OW-2009-0817 on or before June 9, 2010.

More Information:

• Information Collection Request (ICR) for Proposed Rulemaking
• Stakeholder Input on Proposed Rulemaking

admin National, Stormwater Regulations MS4, Nonpoint source pollution, NPDES, stormwater legislation, stormwater runoff, volume control, water quality

CBF and Partners’ Lawsuit Achieves Goal!

A new day has dawned for the restoration of the Chesapeake Bay as the Chesapeake Bay Foundation (CBF), its co-plaintiffs, and the federal Environmental Protection Agency (EPA) on May 11, 2010, settled their lawsuit with a binding agreement that will require pollution to be reduced across the watershed. This historic settlement is a legally enforceable commitment that requires EPA to take specific actions by dates certain to ensure that pollution to local rivers, streams, and the Chesapeake Bay is reduced sufficiently to remove the Bay from the federal “dirty waters” list.

SETTLEMENT SUMMARY

This historic settlement is a legally binding, enforceable document that requires EPA to take specific actions by dates certain to ensure that pollution to local rivers, streams, and the Chesapeake Bay is reduced sufficiently to remove the Bay from the federal “dirty waters” list.

The settlement mandates:

• Reasonable assurances-The settlement outlines what “reasonable assurances” EPA will require of the states to support the Bay TMDL. The Bay TMDL will establish limits for all sources of nitrogen, phosphorous, and sediment in the Bay region. The states will be required to develop Watershed Implementation Plans (WIPs) explaining how they will meet the limits for all sources in each area of their state.
• Consequences-The settlement identifies what consequences EPA will impose upon states and localities that fail to develop sufficient WIPs or meet their limits. One of those consequences could be that permits will not be issued to new sources of pollution. That could include new sewage treatment plants or major new developments.
• Offsets-The settlement requires that the states offset all new nitrogen, phosphorous, and sediment loads. In the settlement EPA has agreed that each state’s WIP will provide offsets for new or increased permitted discharges.
• Dates certain-The settlement establishes dates identifying when EPA will complete development of a Bay TMDL and when the states are to provide WIPs.
• Tracking-The settlement requires EPA to develop a tracking system that is publically available and which describes whether increased pollution from new, small sewage treatment plants and industrial dischargers have been included in calculating whether the state or local jurisdiction is meeting its new limits. CBF has recently seen an increase in small sewage treatment plants that are below EPA’s permit threshold.
• EPA agrees that one of the biggest sources of pollution in the Bay region is urban stormwater and that this form of pollution is growing. EPA agreed to:
• a) review all new construction general permits (those that apply to categories of construction) drafted by Bay states and make sure they meet federal standards;
• b) by July 31, 2010 develop a guidance for major municipal stormwater permits in the Bay region; and
• c) by Nov. 19, 2012, take final action on industrial and municipal stormwater regulations.
• Reducing pollution from agriculture-The settlement commits EPA to proposing new regulations for controlling pollution from agriculture by Dec. 15, 2012 and taking final action by Dec. 15, 2014.
• Addressing air pollution-Under the settlement EPA will require an allocation for air deposition of nitrogen from the states in the Bay TMDL, so that some portion of the total nitrogen budget will be attributed to air pollution.

Text of the Agreement is available here >>

admin Chesapeake Bay clean water, Clean Water Act, nitrogen reduction, NPDES, sediments, stormwater runoff, TMDL, urban stormwater, water quality, watershed protection

EPA has issued “The Municipal Separate Storm Sewer System Permit Improvement Guide” to assist National Pollutant Discharge Elimination System (NPDES) permit writers in strengthening municipal separate storm sewer system (MS4) permits.

This guidance includes permit conditions with supporting rationale to be used in fact sheets accompanying NPDES permits, as well as recommendations for permit writers on how to tailor permit language to permit type.  EPA stresses:

Permit provisions should be clear, specific, measurable, and enforceable, including specific deadlines for compliance, clear performance standards, and measurable goals or quantifiable targets for implementation.

Permits should contain a performance standard for post-construction that based on maintaining/restoring hydrology to protect water quality of receiving waters, or another mechanism just as effective.

Contact Rachel Herbert by email or call her at 202·564·2649.

admin NPDES / MS4, National clean water, hydrology, MS4, Nonpoint source pollution, NPDES, water quality