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 over 2 years ago
©Lloyd Gosselink Rochelle & Townsend, P.C. Presented by: LAUREN KALISEK firstname.lastname@example.org (512) 322-5847 816 Congress Avenue Suite 1900 Austin, Texas 78701 (512) 322-5800 (512) 472-0532 Fax www.lglawfirm.com 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, 2010. 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, 2011. 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 2011-2013. “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, 2010. Public hearing scheduled for March 11, 2010 in Austin. Comments due March 17, 2010. 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: http://www.tceq.state.tx.us/permitting/water_supply/pdw/pdagroup http://www.tceq.state.tx.us/permitting/water_supply/pdw/pdagroup
©Lloyd Gosselink Rochelle & Townsend, P.C. Thanks For Your Participation LAUREN KALISEK email@example.com (512) 322-5847 QUESTIONS
Procedures to Implement the Texas Surface Water Quality Standards
Implementation Procedures (IPs) Brittany Lee Standards Implementation Team
REVISIONS TO THE FEDERAL WATER QUALITY STANDARDS RULE JILL CSEKITZ, TECHNICAL SPECIALIST TEXAS COMMISSION ON ENVIRONMENTAL QUALITY.
2015 Environmental Trade Fair and Conference Jill Csekitz Technical Specialist TCEQ Monitoring & Assessment Section Devils River State Natural Area Image.
Water Quality Standards and MS4 Storm Water Permitting.
BASIN PLAN AMENDMENTS ADOPTION HEARING Item 2 Water Board Meeting of April 9, 2014 Chuck Curtis and Robert Larsen Lahontan Water Board.
Texas Surface Water Quality Standards Update Joe Martin Water Quality Standards Work Leader Joe Martin Water Quality Standards Work Leader.
MS4 Remand Rule Intergovernmental Associations Briefing September 15, 2015.
Concentrated Animal Feeding Operation (CAFO) Regulations - Update Meg Collins Colorado Livestock Association & Landon Gates Colorado Farm Bureau Water.
Impaired and TMDL Waterbody Listings Impacts on DoD Facilities Bill Melville, Regional TMDL Coordinator
Florida Numerical Nutrient Criteria Southwest Florida Water Resources Conference Scott I. McClelland Vice President November 20, 2009.
Final Rulemaking: 25 Pa. Code Chapters 121 and 139 Measurement and Reporting of Condensable Particulate Matter Emissions Environmental Quality Board Meeting.
Northern Virginia Regional Commission MS4 Workgroup March 17, 2011.
WYOMING WATER & ENERGY LAW NPDES Permitting Issues Kara Brighton Hageman & Brighton, P.C. Cheyenne, WY.
Overview of the Final EPA Concentrated Animal Feeding Operations (CAFO) Regulations April 1, 2003.
IDEM and Agricultural Organizations Meeting February 17, 2011 Thomas W. Easterly, P.E., BCEE, QEP Commissioner IN Department of Environmental Management.
Nutrient Criteria Development Update Emily McArdle Nutrient Criteria Coordinator | Water Quality Standards Group
Implementation Procedures Comment Period: 1/19/10 - 3/17/10 Draft IPs available at: Electronic comments may be.
Water Quality Standards Program Status of Numeric Nutrient Criteria (NNC) Division of Environmental Assessment and Restoration.
Bureau of Water Program Overview Local Government Interest.
Revisions to: The Procedures to Implement the Surface Water Quality Standards Mrs. Brittany M. Lee Standards Implementation Team Phone:
Bureau of Water Overview Wastewater issues Drinking water issues Wrap up topics.
Lake Erie HABs Workshop Bill Fischbein Supervising Attorney Water Programs March 16, 2012 – Toledo March 30, Columbus.
How do 210 Water Reuse Authorizations relate to O&G Development? Jaya Zyman-Ponebshek, P.E. Assistant Director Water Quality Division.
10/03/021 Stormwater Video-conference Department of Environmental Protection Stormwater Videoconference October 3, 2002.
MS4 Permit Updates May 9, 2014 Jay Hoskins, P.E. Metropolitan St. Louis Sewer District.
General Permits Schedule Update Water Quality Partnership Meeting May 19, 2005 Dewey Weaver.
Changes to § Application of Standards and §307.9-Determination of Standards Attainment Gregg Easley Water Quality Standards Team Texas Commission.
Public Workshop: RIPDES Draft Phase II Storm Water Regulations RI Department of Environmental Management RIPDES Storm Water Program July 25, 2001 Contacts:
Presentation to the Chesapeake Bay and Water Resources Policy Committee July 30, 2010.
Legislative Changes Affecting Water Quality at a Local Level October 2011 Robert Kollinger, P.E. Water Resources Manager Polk County Parks and Natural.
Developing Final Phase II WIPs and Milestones Katherine Antos Chesapeake Bay Program Office Jenny Molloy Water Protection Division DC Draft Phase II WIP.
Waters of the United States (WOTUS) Primer A Breakdown of Policies and Actions Taken April 27, 2016 Producer: Claire Carter Edited by: Katharine Conlon.
Regional Water Planning Senate Bill 1 Introduction and Status as of August 01, 1999.
Perspectives on Potential Impacts of the Proposed Phase II MS4 General Permit Remand Rule Tuesday, January 19 th, :00 – 2:30pm EST.
Orange County Board of County Commissioners Update on USEPA Rulemaking for Numeric Nutrient Criteria Utilities Department January 26, 2010 Utilities Department.
Numeric Nutrient Criteria in Region 4: Current Progress and Remaining Challenges Presented by Robert P. Diffenderfer Lewis, Longman & Walker, P.A.
Revisions to Primacy State Underground Injection Control Programs Primacy State Implementation of the New Class V Rule.
1 Stormwater Program Videoconference April 23, 2013 Bill Cole, Water Quality Standards Unit.
What are TMDLs? and What Might They Mean to MS4 Permittees?
1 Triennial Review of Water Quality Standards Pennsylvania Department of Environmental Protection Bureau of Water Standards and Facility Regulation Review.
Connecticut Department of Energy and Environmental Protection.
Williamsburg’s Local Strategies to meet the ChesBay TMDL March 2012 Chesapeake Bay Watershed Virginia Maryland Pennsylvania New York Delaware West Virginia.
Approaches to Addressing Bacteria Impairments Kevin Wagner Texas Water Resources Institute.
Hillsborough River Fecal Coliform BMAP Process Oct. 22, 2008.
Report of the NPDES Subcommittee. Conference Call Meetings July 8 and August 19 Mercury Discharges – Utility Request to Address Permit Requirements for.
Kara Denney Industrial Wastewater Permit Writer Water Quality Division.
Restoring VA Waters the TMDL Way Jeff Corbin Senior Advisor to the Regional Administrator U.S. EPA Region 3.
Indiana 6217 Coastal Nonpoint Source Pollution Control Program – What it is, and What it Means!
© 2017 SlidePlayer.com Inc. All rights reserved.