Draft Guidance On Antidegradation For WPDES Permits To Impaired Waters

The Wisconsin Department of Natural Resources has released its draft guidance document “TMDL Development and Implementation Guidance: Integrating the WPDES and Impaired Waters Programs” for a 21-day public comment period. In addition to providing a framework for developing and implementing permit limits for discharges to 303d listed impaired waters, the draft guidance also addresses the WDNR approach to antidegradation requirements.

Under the draft guidance, if the new TMDL-derived limit results in an increase in an effective existing limit in a permit, then an antidegradation evaluation is needed. These limitations are no different than other water quality-based effluent limitations with respect to antidegradation. For example, the initial imposition of a water quality-based effluent limit, which include TMDL-derived limits, does not require an antidegradation evaluation as long as the pollutant of concern was previously present in the discharge and the permittee is not proposing an increased load to the receiving water .

According to the WDNR, possible exceptions include the initial imposition of a TMDL-derived limit for a discharge to Exceptional and Outstanding Resource Waters, for a bioaccumulative chemical of concern such as mercury when an increased discharge is proposed, and when a change in discharge location is proposed. With a few exceptions, Wisconsin chapter NR 207 requires an antidegradation evaluation when a new or increased discharge is proposed. Therefore, an antidegradation evaluation is necessary before a TMDL-derived limit, which has been incorporated into a WPDES permit and has become effective, is increased or the TMDL-derived limit replaces a less restrictive effective effluent limit.

Caltha LLP provides expert environmental consultant services in Wisconsin to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Summary of TRI Surface Water Releases To Great Lakes In 2011

According to the U.S. Environmental Protection Agency’s annual Toxics Release Inventory (TRI) report releases of EPCRA Section 313 reportable chemicals into surface waters in the Great Lakes Basin increased by 12 % from 2010 to 2011. Nitrates and pesticides from municipal wastewater treatment plants and agriculture account for most of the releases from surface water discharges to the Great Lakes Basin. Nitrates were also discharged by primary metals facilities, such as iron and steel mills and smelters, and food and beverage manufacturers.

For the summary, the Great Lakes Basin consists of Lakes Superior, Michigan, Huron, Erie and Ontario; a number of other smaller lakes and waterways; and the surrounding watershed. The watershed covers parts of Illinois, Indiana, Minnesota, Michigan, New York, Ohio, Pennsylvania and Wisconsin, and parts of Ontario in Canada. Despite increases from 2010 to 2011, overall Section 313 releases in the Great Lakes Basin have decreased about 40 % since 2003 and are currently at the second-lowest level in a decade. Surface water, air and land releases in the basin increased by 12, 1 and 4 % respectively, while underground injection decreased 5 % from 2010 to 2011.

Read summary of national EPCRA TRI releases for 2011.

Facilities in Wisconsin must report their Section 313 chemical releases to EPA under the Emergency Planning and Community Right-to-Know Act (EPCRA 313) by the beginning of July each year. The Pollution Prevention Act of 1990 also requires information on waste management activities related to TRI chemicals. Caltha provides technical support to facilities nationwide to determine if they have processed or otherwise used Section 313 chemicals above reporting thresholds, and if so, to assist in the preparation of Form R TRI reports.

Do you miss submitting your 2011 TRI report, which was due on July 1, 2012? Contact Caltha to discuss options for submitting late Form R Toxic Release Inventory.


Caltha LLP provides expert environmental consultant services in Wisconsin to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Sewer Overflow Rules Approved By Wisconsin NRB

The Wisconsin Natural Resources Board has approved rules addressing untreated sanitary sewer overflows. Current state and federal law make sewage overflows into lakes and rivers illegal. However, some exceptions are allowed under current rules. The rule revisions update Wisconsin’s regulations to be more consistent with the U.S. Environmental Protection Agency’s regulatory approach regarding sanitary sewerage overflows. The revised rules, found in Natural Resources Chapters 110, 205, 208 and 210, will now go to lawmakers for their review.

The revised rules prohibit sanitary sewer overflows, and create a consistent set of factors that will be used to determine when and what enforcement will occur if there is noncompliance with this prohibition. The rules also require every sewage collection system owner to develop and implement a capacity, management, operation and maintenance program to reduce the amount of rain and melting snow that enters their sewerage system. The rule requires public notification, consistent with the system’s emergency response plan, using the most effective and efficient communications available in the community including at a minimum, notifying a daily newspaper by written or electronic communication when a sanitary sewer overflow occurs, so that the public is aware of overflows that may present a health risk.

The rule also creates a process where DNR may approve permit conditions wherein a municipality may implement certain practices, such as blending, that allow efficient operations at the sewage treatment plant, but do not allow permit effluent limitations to be exceeded.


Caltha LLP provides expert environmental consultant services in Wisconsin to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Statewide General Wetland Permit

The general permit WDNR deleloped to streamline the wetland permitting process for some residential, commercial and industrial projects impacting wetlands is now effective. The statewide general permit (“GP”) is required under a new State law passed in 2012. It enables people who have a project resulting in the unavoidable filling of up to 10,000 square feet of wetland to get their permit decision more quickly if the project meets the standards and conditions in the general permit. Previously, all landowners wanting to pursue projects that involve wetland fill were required to seek an individual permit and lengthier environmental review. Projects that involve more than 10,000 square feet of wetland fill or do not meet the GP standards and conditions continue to require a wetland individual permit, which has a longer process time, a higher permit fee, and require wetland mitigation and a higher level of environmental review.

The general permit for smaller projects identifies the location, design, and construction standards and other conditions any project must meet to qualify for the general permit, and to ensure that minimal environmental effects occur. The general permit is valid statewide for 5 years. When property owners’ projects apply to be covered under the general permit, DNR is required to issue a decision within 30 days.

Caltha LLP provides expert environmental consultant services in Wisconsin to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Wisconsin Great Lakes Restoration Grants To Reduce Bacteria Levels

The U.S. Environmental Protection Agency has awarded two Great Lakes Restoration Initiative grants, totaling over $1 million, to improve water quality at Great Lakes beaches in Wisconsin. Projects awarded grant funding include:

• $1 million (two grants of $500,000 each) to the University of Wisconsin Oshkosh to redesign eight Wisconsin beaches to reduce bacteria levels, resulting in fewer swimming bans and beach closures. The beaches are: Red Arrow Park Beach, Marinette; Crescent Beach, Algoma; Red Arrow Park Beach, Manitowoc; Thompson West End Park, Washburn; Grant Park, South Milwaukee; Samuel Myers Park, Racine; and Simmons Island and Eichelman Parks, Kenosha.

Caltha LLP provides expert environmental consultant services in Wisconsin to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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EPA Approves WDNR Phosphorus Control Program NR 217

US EPA has approved the Wisconsin Department of Natural Resources (DNR) program to control the discharge of phosphorus to surface waters. Wisconsin adopted the new subchapter, Wisconsin Administrative Code Chapter NR 217, Subtitle III, “Water Quality Based Effluent Limitations for Phosphorus,” in 2010, but EPA did not approve it until July 25, 2012.

WDNR's program will allow permit holders (such as publically owned treatment works, or POTW) to meet phosphorus discharge requirements through partnership arrangements with others who release phosphorus. Permit holders can make such arrangements to achieve phosphorus reductions more economically. This will allow communities and other permit holders to save money while still ensuring overall phosphorus levels are reduced in the watershed.

Caltha LLP provides expert environmental consultant services in Wisconsin to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Advisory Board Forming For Great Lakes Initiative and Water Quality Agreement

The U.S. Environmental Protection Agency has announced the creation of an advisory board to support federal agencies with the implementation of the Great Lakes Restoration Initiative and the updated Great Lakes Water Quality Agreement. The new board will provide advice and recommendations to EPA Administrator as federal Interagency Task Force chair. To form the board, EPA will consider candidates from a broad range of interests including environmental groups, businesses, agricultural groups, funders/foundations, environmental justice groups, youth groups, academia and state, local and tribal representatives as needed. Nominees will be solicited through a Federal Register notice. EPA anticipates that board will be established during summer 2012.

The Interagency Task Force is made up of 16 federal agencies and departments. In 2010 the Task Force developed an action plan to implement initiatives in five areas:

• Cleaning up toxics and toxic hot spot Areas of Concern.
• Combating invasive species.
• Promoting near-shore health by protecting watersheds from polluted runoff.
• Restoring wetlands and other habitats.
• Raising public awareness, tracking progress, and working with partners.

The plan also establishes annual benchmarks for success and progress.

Caltha LLP provides expert environmental consultant services in Wisconsin to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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New Proposal To Addres Water Quality Impacts From Logging Roads

EPA has published a Notice of Intent (NOI) to propose revisions to stormwater regulations for logging roads. Under the proposal, storm water discharges from logging roads are not discharges "associated with industrial activity," meaning a National Pollutant Discharge Elimination System (NPDES) permit is not required for such discharges. EPA issued the NOI is in response to a ruling by the Ninth Circuit Court of Appeals, which found that certain logging roads are stormwater point sources “associated with industrial activity.”

EPA is also seeking comments on water quality impacts associated with discharges of stormwater from forest roads. EPA plans to study the water quality impacts of forest roads along with existing federal, state, tribal, and voluntary programs designed to address them to determine if additional action is necessary.

EPA believes that stormwater discharges from forest roads should be evaluated under section 402(p)(6) of the Clean Water Act because the section allows for a broad range of flexible approaches that are well-suited to address the complexity of forest road ownership, management, and use. The section allows EPA to consider a range of regulatory and nonregulatory approaches and determine which forest road discharges (if any) should be regulated under the CWA.

Caltha LLP provides expert environmental consultant services in Wisconsin to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Industrial Water Withdrawal Registration Due June 30

The Wisconsin Department of Natural Resources (WDNR) has announced that industrial water users that exceed specific thresholds will need to register with the State by June 30, 2011. Registered withdrawals will need to measure or estimate the volume of water withdrawn every month and report that information to the WDNR each year by March 1. WDNR intends to send reminders of the annual reporting requirements and the process for submitting the information.

All industries that withdraw 100,000 gallons or more of water per day, or 70 gallons or more per minute, from any water source, are required to register with the WDNR. The registration requirement applies to both existing and new withdrawals from either surface or groundwater sources. This requirement also applies to industries that only make temporary withdrawals. Each property that meets the registration threshold must be registered separately

Caltha LLP provides expert environmental consultant services in Wisconsin to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Guidance On Wetlands Rule Under Clean Wate Act

On April 27, 2011, The US Corps of Engineers and US EPA issued “Draft Guidance on Identifying Waters Protected by the Clean Water Act”. The Draft Guidance interprets two key Supreme Court decisions on the applicability of the Clean Water Act to wetlands. The Draft Guidance addresses both wetlands and waterbodies and is limited to whether the federal Clean Water Act applies; it does not determine what state laws or regulations might apply.Following the 60-day public comment period, EPA and the Corps intend to finalize the Guidance and then initiate formal rulemaking.

Under the Draft Guidance, federal jurisdiction would apply to wetlands that are 1) adjacent to either traditional navigable waters or interstate waters; 2) directly abut relatively permanent waters; or 3) are adjacent to jurisdictional tributaries to traditional navigable waters or interstate waters if there is a “significant nexus”

The federal jurisdiction would apply to waterbodies that are 1) traditional navigable waterbodies; 3) interstate waterbodies; or 3) non-navigable tributaries to traditional navigable waters that are relatively permanent tributaries to traditional navigable waters or interstate waters if there is a “significant nexus”

The applicability to the category of “other waters”, including some that are physically proximate to other jurisdictional waters and some that are not, will be based on fact specific circumstances

Caltha LLP provides expert environmental consultant services in Wisconsin to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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