Lake Erie HABs WorkshopLake Erie HABs Workshop

Bill Fischbein

Supervising Attorney Water Programs

March 16, 2012 – Toledo

March 30, 2012- Columbus

The Big PictureThe Big Picture

Clean Water Act Goal – Restore chemical, physical and biological integrity of nation’s waters

Getting There – 1,000 Foot PerspectiveGetting There – 1,000 Foot Perspective

1. Adopt water quality standards2. 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

Water Quality StandardsWater 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.

Water Quality Standards – 2 ComponentsWater 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.

““Free Froms” – OAC 3745-1-04 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

NPDES Permitting ProgramNPDES Permitting Program

Key Jurisdictional Terms

Discharge of a “Pollutant”

From a “Point Source”

To “Navigable Waters” Ohio’s definition of waters is broader

NPDES PermitsNPDES 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

Types of NPDES PermitsTypes 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

Nutrient Limits in NPDES PermitsNutrient 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

CSO CommunitiesCSO Communities

Storm Water NPDES PermitsStorm 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

Are We Back to This?Are We Back to This?

Ohio’s Nutrient Strategy 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.”

Key PointsKey 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.

US EPA’s Focus on Adoption of Nutrient CriteriaUS 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

Why the Absence of Detailed Standards?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.

Nutrient Study Results and ImplicationsNutrient 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 applicationProblem

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

Rulemaking ScheduleRulemaking Schedule

Ongoing discussions with US EPA on preferred approach;

Expect to see interested party activities begin in 2012

Other EffortsOther Efforts

Lake Erie Phosphorus Task Force II

Director’s Agricultural Nutrients and Water Quality Working Group

Point Source Urban Work Group