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Lake Erie HABs Workshop

Lake Erie HABs Workshop. Bill Fischbein Supervising Attorney Water Programs March 16, 2012 – Toledo March 30, 2012- Columbus. The Big Picture. Clean Water Act Goal – Restore chemical, physical and biological integrity of nation’s waters. Getting There – 1,000 Foot Perspective.

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Lake Erie HABs Workshop

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  1. Lake Erie HABs Workshop Bill Fischbein Supervising Attorney Water Programs March 16, 2012 – Toledo March 30, 2012- Columbus

  2. The Big Picture • Clean Water Act Goal – Restore chemical, physical and biological integrity of nation’s waters

  3. Getting There – 1,000 Foot Perspective • 1. Adopt water quality standards • 2. Issue permits that are protective of water quality standards (as well as technology limits for some pollutants) • 3. Determine which waters are not meeting standards • 4 Develop and implement TMDLs for waters that are not meeting standards

  4. Water Quality Standards • CWA Section 303(c) – States adopt water quality standards • US EPA approves state’s water quality standards • US EPA can adopt water quality standards in states that fail to do so.

  5. Water Quality Standards – 2 Components • Designated (Beneficial Uses) • Primary Contact Recreation • Industrial use • Aquatic Life • Numerical/Narrative Criteria Designed to Protect Uses Ohio has adopted both chemical criteria and biological criteria. Bio criteria are used to evaluate attainment for aquatic life use. • Become one of the drivers for permit limits and defining if waters are meeting CWA goals.

  6. “Free Froms” – OAC 3745-1-04 • The Alamo of water quality standards • Free from materials/substances entering water that…. • 3745-1-04(E) Free from nutrients entering the waters as a result of human activity in concentrations that create nuisance growths of aquatic weeds and algae • No current specific water quality standard for nutrients

  7. NPDES Permitting Program • Key Jurisdictional Terms • Discharge of a “Pollutant” • From a “Point Source” • To “Navigable Waters” • Ohio’s definition of waters is broader

  8. NPDES Permits • Ohio EPA receives delegation in 1974 • Over 3,000 individual NPDES permit in Ohio • Many other facilities covered by general permits • Controlling point sources is largely a success but there are issues and challenges

  9. Types of NPDES Permits • Municipal Wastewater Treatment Facilities • Industrial Wastewater Facilities/Businesses • Household sewage system that discharges • Concentrated Animal Feeding Operations (CAFOs) • Certain Storm Water Discharges

  10. Nutrient Limits in NPDES Permits • Lake Erie Discharges – discharges over 1 million gallons per day, required to meet total phosphorus of 1 milligram/liter as 30 day average • Other permits if TMDL or need identified as part of permit renewal process • Considering changes to antidegradation rule that require new or modifications biological treatment with design of .5 mgd to meet technology limits for TP and N

  11. CSO Communities

  12. Storm Water NPDES Permits • Congress amended CWA in 1987 to establish NPDES permit requirements for Storm Water • Phase I • - regulates certain industrial activities • MS4 serving populations of 100,000 or more – BMPs to control pollutants • Construction Activities for sites 5 acres or larger • Phase II – pulls in smaller MS4s and reduces construction threshold to 1 acre

  13. Are We Back to This?

  14. Ohio’s Nutrient Strategy • Draft Strategy Document sent to US EPA Region V November 15, 2011; • “Conditions in Ohio’s surface waters have reached a critical situation with regards to pollution impacts caused by nutrients.” • “This urgent situation requires the immediate attention of State and federal agencies, all affected stakeholders and the public at large.” • “However, an honest assessment of the situation reveals that just doing more of the same will not be good enough.”

  15. Key Points • Research – fill in gaps where we don’t know. • Require technology limits for certain discharges. • Adopt Water Quality Standards for Nutrients. • More specific direction for nutrient impaired streams in TMDL process.

  16. US EPA’s Focus on Adoption of Nutrient Criteria • For over a decade, USEPA has made nutrient pollution and the adoption of State WQS for nitrogen and phosphorus one of the top water program priorities. • To date, very few States have adopted WQS for nutrients but are somewhere in the process. (Ohio included) • Conflict in approaches between states and US EPA

  17. Why the Absence of Detailed Standards? • Challenges in streams: • Lack of traditional dose-response curve • Many variables at play such that a traditional number does not correlate to accurate picture of whether it will be under or over protective.

  18. Nutrient Study Results and Implications • Measurable changes to stream systems occur along a nutrient gradient • Complexity of relationship precludes adoption of a single numeric criterion and independent application • Problem • Exceeding a single threshold or change point does not always result in impairment • Solution • Include response indicators (e.g., benthic chlorophyll, dissolved oxygen, biocriteria) in a multi-metric water quality criteria

  19. Rulemaking Schedule • Ongoing discussions with US EPA on preferred approach; • Expect to see interested party activities begin in 2012

  20. Other Efforts • Lake Erie Phosphorus Task Force II • Director’s Agricultural Nutrients and Water Quality Working Group • Point Source Urban Work Group

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