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

PHILADELPHIA  (July 1, 2010) - EPA today announced draft allocations for nitrogen and phosphorus as part of a rigorous pollution diet for meeting water quality standards in the Chesapeake Bay and its tidal tributaries, and restoring local rivers and streams throughout the 64,000-square-mile watershed.

Restoring the Chesapeake Bay and its tributaries will not be easy. While we all recognize that every jurisdiction within the watershed will have to make very difficult choices to reduce pollution, we also recognize that we must collectively accelerate our efforts if we are going to restore this national treasure as part of our legacy for future generations.

–EPA Regional Administrator Shawn M. Garvin

EPA proposed watershed-wide limits of 187.4 million pounds of nitrogen and 12.5 million pounds of phosphorus annually, and divided those allocations among the six watershed states and the District of Columbia, as well as the major river basins (see link below). These loadings were determined using the best peer-reviewed science and through extensive collaboration with the states and the District of Columbia. EPA will assign draft allocations for sediment August 15.

In addition, EPA is committing to reducing air deposition of nitrogen to the tidal waters of the Chesapeake Bay to 15.7 million pounds per year. The reductions will be achieved through implementation of federal air regulations over the coming years.

The jurisdictions are expected to use the allocations as the basis for completing Watershed Implementation Plans, detailing how they will further divide these allocations among pollution sources, and achieve the required reductions. The first drafts of those plans are due to EPA by September 1. The jurisdictions are expected to have all practices in place to meet the established limits by 2025, with 60 percent of the effort completed by 2017.

EPA plans to issue a draft Total Maximum Daily Load (TMDL) or pollution diet for a 45-day public comment period on September 24. The final Phase 1 Watershed Implementation Plans are due November 29, and EPA will establish the Bay TMDL by December 31.

In 2017, the jurisdictions are expected to submit updated implementation plans to ensure that all the control measures needed to meet Bay water quality standards will be in place by 2025.

In 2009, EPA announced that it expects the six watershed states and D.C. to provide  Watershed Implementation Plans, including detailed strategies for reducing pollutant loads to meet water quality standards in the Chesapeake Bay and its tidal tributaries. EPA also expects detailed schedules for implementing pollution controls and achieving the required pollution reductions. EPA and the jurisdictions will measure progress utilizing two-year milestones. EPA may apply federal backstop measures for inadequate plans or failing to meet the milestones.

For more information about the Chesapeake Bay TMDL, go here>>

admin Chesapeake Bay agriculture, Chesapeake Bay, Clean Water Act, nitrogen reduction, Nonpoint source pollution, phosphorous reduction, stormwater best management practices, stormwater standards, TMDL, US EPA, water quality, watershed protection

As part of the process for restoring the Chesapeake Bay Watershed, EPA has reaffirmed the federal-state commitment to establish the Bay Total Maximum Daily Load (TMDL) - or pollution diet - by the end of this year.

The Bay TMDL will set limits on nitrogen, phosphorus and sediment throughout the 64,000-square-mile watershed. Backed by a strong accountability framework, the Bay TMDL includes state action plans, a series of two-year commitments, close monitoring and, if necessary, federal accountability measures to spur progress.

Contact Information: David Sternberg 215-814-5548, email:  sternberg.david@epa.gov

More Details are available here>>

admin Chesapeake Bay Chesapeake Bay, clean water, stormwater standards, TMDL, US EPA, water pollution, water quality, watershed protection

June 22, 2010

By votes of 4-1, the Independent Regulatory Review Commission (IRRC) passed two key new regulations that will strengthen protections on water resources and on drinking water and watersheds from natural gas drilling pollution as well as other new development projects. These new rules fall under Title 25, in the PA code, Chapter 95, Wastewater Treatment Requirements, and Chapter 102, Erosion and Sedimentation Control. The IRRC is the last step in regulatory review process and is made up of five individuals - four from each of the Assembly’s caucuses (Democrat and Republican in both the Senate and House), as well as an appointee from the Governor.  Its mission is to ensure new regulations are consistent with public interest and legislative intent.

Changes to Chapter 102 state regulations approved by the IRRC will require some developers to maintain or create a 150-foot natural vegetative buffer beside Pennsylvania’s best rivers and streams. These rules affect so-called E&S permitting or Erosion and Sedimentation Control measures implemented with construction projects to reduce impact on streams and rivers. Streams in the top 20% statewide for water quality will be subject to the increased protections.

Streamside buffers are widely considered to be the best and most effective long-term solution for protection water quality. Buffers help filter water, reduce the impacts of flooding, shade and reduce water temperatures creating better habitat for fish and aquatic species. Clean Water Action says that over 200 municipalities require buffers with 63 requiring at least 100 foot buffers.

The new drilling rules (Chapter 95) require treatment of highly saline wastewater so as to meet drinking water standards if they want to dispose of it in Pennsylvania’s waterways.  Natural gas drilling in the Marcellus Shale of Pennsylvania has become greatly scrutinized due to the immense quantities of water used in the process, the chemical additives employed, and the manner of treatment.  Between 2 and 9 million gallons are used to “frack” each well in order to release the natural gas deposits.  That water is injected with a coctail of chemicals and salts. Some water flows back up and is collected in storage ponds for re-use or treatment.

These rules affect the manner in which the water is treated and disposed of into Pennsylvania’s more than 85,000 miles of streams.  The possibility of an impact fee on corporate drilling revenues remains unclear and while supported by the Governor is mired in budget debates and discussion over how to spend the expected hundreds of millions in revenues.

Altogether over 8,000 comments were received by the state from the public, with over 90% in support of the proposed water protection rules. Some 100 organizations supported the new rules, along with several major water suppliers in the state; 50 state legislators wrote in support.

admin Chapter 102 Regs, Stormwater Regulations buffers, clean water, Clean Water Act, gas drilling, Marcellus Shale, ordinances, stormwater legislation, stormwater standards, water quality, watershed protection

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