We think you have liked this presentation. If you wish to download it, please recommend it to your friends in any social system. Share buttons are a little bit lower. Thank you!
Presentation is loading. Please wait.
Published byAriel Lank
Modified about 1 year ago
©Lloyd Gosselink Rochelle & Townsend, P.C. Presented by: LAUREN KALISEK (512) Congress Avenue Suite 1900 Austin, Texas (512) (512) Fax WATER QUALITY UPDATE TWCA 66 TH ANNUAL CONVENTION March 3, 2010
©Lloyd Gosselink Rochelle & Townsend, P.C. COVERED TOPICS I.Federal Caselaw and Programs II.Texas Surface Water Quality Standards and Implementation Procedures III.Pharmaceutical Disposal Advisory Group
©Lloyd Gosselink Rochelle & Townsend, P.C. I. Update on Federal Caselaw and Programs A.Jurisdictional Determinations B.Raw Water Transfer Rule C.Construction Stormwater Rule D.Pesticide General Permit E.EPA Enforcement Program F.EPA Nutrient Standards
©Lloyd Gosselink Rochelle & Townsend, P.C. I.Update on Federal Caselaw and Programs A. Jurisdictional Determinations Rapanos holding Joint Corps/EPA guidance 5 th Circuit interpretations Congressional action
©Lloyd Gosselink Rochelle & Townsend, P.C. I.Update on Federal Caselaw and Programs B.Raw Water Transfer Rule Promulgated by EPA in response to South Florida Water Management District v. Miccosukee Tribe, 541 U.S. 95 (2004) (holding that an NPDES permit is not needed if waterbodies subject to the transfer are “meaningfully distinct”). Rule effective August 12, 2008 and exempts raw water transfers that do not subject the water to an intervening use. Rule was upheld in Friends of the Everglades v. South Florida Water Management District 570 F3d 2010 (11 th Cir. 2009).
©Lloyd Gosselink Rochelle & Townsend, P.C. I.Update on Federal Caselaw and Programs C.Construction Stormwater Rule Issued December 1, 2009 and effective February 1, Establishes nationally applicable effluent limitation guidelines and new source performance standards for construction activities including BMPs and numeric limits for turbidity. Will need to be incorporated into Texas general permit.
©Lloyd Gosselink Rochelle & Townsend, P.C. I.Update on Federal Caselaw and Programs D.Pesticide General Permit EPA 2006 rule exempting pesticide application from NPDES permitting is overturned in National Cotton Council v EPA. Court granted 2 year stay for EPA to develop general permit by April 9, General permit would also need to be adopted as part of TPDES program.
©Lloyd Gosselink Rochelle & Townsend, P.C. I.Update on Federal Caselaw and Programs E.EPA Enforcement Program EPA National Enforcement Initiative for “Keeping raw sewage and contaminated stormwater out of our Nation’s waters.” Focus on reducing discharges from CSOs, SSOs and MS4s.
©Lloyd Gosselink Rochelle & Townsend, P.C. I.Update on Federal Caselaw and Programs F. EPA Nutrient Standards 1998 EPA determination that numeric nutrient criteria are needed. Environmental groups sue EPA in 2008 over lack of numeric criteria in Florida. January 2009 EPA determines numeric criteria are needed for Florida because current state program is not sufficiently protective of uses. January 2010 EPA proposes numeric nutrient criteria for Florida. Under consent decree, EPA must promulgate complete final criteria by October 15, 2010 unless Florida submits is own criteria before EPA takes final action.
©Lloyd Gosselink Rochelle & Townsend, P.C. II. Texas Surface Water Quality Standards and Implementation Procedures A.Schedule and Comment Process B.Significant Revisions 1.Bacteria and Recreational Uses 2.Whole Effluent Toxicity (WET) 3.Nutrient Criteria and Screening
©Lloyd Gosselink Rochelle & Townsend, P.C. II.TSWQS and IPs A.Schedule and Comment Process Proposed TSWQS and IPs approved January 13, Public hearing scheduled for March 11, 2010 in Austin. Comments due March 17, Target adoption date is July 14, 2010.
©Lloyd Gosselink Rochelle & Townsend, P.C. II.TSWQS and IPs B.Significant Revisions 1.Bacteria and Recreational Uses Current Standards do not provide enough distinctions for recreational uses. Proposed revisions would expand recreational use categories from 2 to 4 and revise associated criteria for E. coli, enterococci, and fecal coliform.
©Lloyd Gosselink Rochelle & Townsend, P.C. II. TSWQS and IPs B.Significant Revisions 2.Whole Effluent Toxicity When does WET testing data demonstrate a “reasonable potential” for exceeding toxicity standards? Dispute over EPA approach as set out in the Technical Support Document. Move to impose WET limits based on sublethal test results. Recent correspondence from EPA Region 6 addressing backlog on 30 permits on WET limit issues.
©Lloyd Gosselink Rochelle & Townsend, P.C. II.TSWQS and IPs B.Significant Revisions 3.Nutrient Criteria and Screening Under directive from EPA. TCEQ is proposing to establish site-specific nutrient criteria for certain lakes and reservoirs. Criteria are to be specified in terms of concentrations of chlorophyll a. The criteria are proposed to be applicable at specified monitoring sites in the main pool.
©Lloyd Gosselink Rochelle & Townsend, P.C. II.TSWQS and IPs B.Significant Revisions 3.Nutrient Criteria and Screening IPs propose new screening procedures for determination of TP limits for discharges to streams and rivers. Screening factors include: size of discharge, dilution, type of bottom, depth, clarity, observations of vegetative growth, shading and sunlight, streamflow sustainability, impoundments and pools, consistency with other permits in area, and listings in 305(b) Report.
©Lloyd Gosselink Rochelle & Townsend, P.C. III. Pharmaceutical Disposal Advisory Group Implements SB 1757 from 2009 Legislative Session requiring the study of and recommendations on disposal methods for pharmaceuticals to prevent their entrance into wastewater systems. Report due by end of year. Members represent state and federal agencies, local governments, water utilities, pharmaceutical manufacturers, health care providers, solid waste managers, farmers and ranchers and consumers. For more information, see TCEQ website at:
©Lloyd Gosselink Rochelle & Townsend, P.C. Thanks For Your Participation LAUREN KALISEK (512) QUESTIONS
Total Maximum Daily Loads (TMDLs) 1 Yvonne Baker Water Permits Division LDEQ.
North Carolina Water Quality Permitting for Composters July 11, 2012 conference call Your mission: The Maryland Composting Workgroup is charged to recommend.
O Adopted in 1972, the CWA is known mostly to the public by its mandate for “swimmable and fishable” waterways. o With the CWA, states evaluate all of.
Permits in the SRMT TIP Angela Benedict-Dunn SRMT Environment Division Air Quality Program.
Regulatory Overview Presented By: Wayne T. Craney, P.E. Engineering Manager Industrial Wastewater Enforcement Section Water Quality Division Department.
Antideg and Municipal Stormwater Discussion Sept. 23, 2009.
Institute for Environmental Sciences, Engineering and Technology Prepared By: Sanne Knudsen, July 2001 Faculty Guidance Provided By: Dr. Gregory Keoleian.
Water Quality Standards Update Nancy Ross Environmental Specialist III WQSSPS May 19, 2005.
HARD CHROME ELECTROPLATING MACT AMENDMENTS OVERVIEW 40 CFR PART 63, SUBPART N.
New Jersey Quality Single Accountability Continuum (NJQSAC) Dr. Gerald Vernotica, Assistant Commissioner New Jersey Department of Education Division of.
Georgia - Indiana - Kentucky - Tennessee - Virginia - Washington, D.C. KEY WATER QUALITY ISSUES RELATED TO SURFACE MINING Tennessee Mining.
WELCOME TO THE TRANSPORTATION DISADVANTAGED PLANNERS MEETING FEBRUARY 16 & 17, 2010 SARASOTA, FL FEBRUARY 18 & 19, 2010 LAKE CITY, FL.
Alaska Association of Harbormasters and Port Administrators Wrangell, Alaska October 26, 2010 Shane Serrano ADEC.
Mission: Mission: To protect human health and the environment Primary services: Expertise DEC brings to the ACMP Primary services: Expertise DEC brings.
Surface Water Rules Review of Key Water Quality Issues and Draft Rule Changes.
INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R as Passed by Congress 11/19/04 Public Law Signed by President Bush 12/3/04.
LAND DEVELOPMENT DIVISION ENGINEER FORUM February 23, 2012 Conference Room D.
September 17, 2003 Workshop WEBCAST Hank Naour ILLINOIS EPA MACT Standards and Section 112f Residual Risk.
Metal Products and Machinery Effluent Guidelines Public Meeting Chicago, IL Shari Z. Barash and Michael C. Ebner U. S. Environmental Protection Agency.
Briefing on Chairman Art Halls Report on Water Quality Activities and Recommendations Planning Commission 24 May 2006 Resource Protection and Compliance.
Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.
CON MINE CLOSURE & RECLAMATION PLAN OVERVIEW February 22 nd, 2007.
Reducing Toxic Pollution from Power Plants March 14, 2012 Final Mercury and Air Toxics Standards (MATS)
Annex 2001 Water Diversions, Withdrawals, and Uses Jon W. Allan Presented to the Groundwater Conservation Advisory Council 26, February 2004.
TETN Session #18318 | August 29, 2013 | 1:00-3:00 p.m. Texas Education Agency | Office of Assessment and Accountability Division of Performance Reporting.
EPA Ballast Water Activities Ryan Albert 12/09/2009.
How Safe is Your States Data? Virginias Common-Sense approach to Assessing Security.
NPDES Phase II in Wake County: Forging A Collaborative Approach to Stormwater Management APWA Conference September 19, 2005.
Antidegradation Demonstration: Alternatives Analysis Analysis WHAT IS IN THIS PAPER- Distinguish between need and necessity Recognize three general types.
Green Seal Standard for Product Manufacturers, GS-C1 Green Seal Standard for Product Manufacturers, GS-C1 Public Review Webinar September 15, 2010.
© 2016 SlidePlayer.com Inc. All rights reserved.