The West Virginia Municipal Water Quality Association, Inc. is a statewide association of 30 owners and operators of publicly owned treatment works. Its primary purpose is to ensure that West Virginia’s water quality programs are based on sound science and regulatory policy so that its members can protect public health and the environment in the most cost-effective manner possible. The MWQA is actively involved in every water quality issue in West Virginia of significance to the membership.

MWQA President Dave Sago is shown below sharing with the Governor a gesture of our appreciation for his visiting with us as well as a gentle reminder of the need for state infrastructure funding.  We look forward to having Governor Manchin visit with us again.

DC WASA Phase II CSO Permit Published with Important Changes – Key Precedent for Other Communities

 

On April 5, 2007, EPA Region III republished the Phase II CSO permit for DC WASA.  EPA took out the narrative water quality standards requirement and, instead, made the performance measures in DC’s approved CSO LTCP the water quality-based effluent limits in the permit.  Moreover, EPA removed the numeric TMDL compliance requirements for the Anacostia TMDLs and stated that the CSO Performance Measures in the LTCP were also the appropriate water quality limits to meet the TMDLs.

 

Questions about Phase II permitting of WASA can be directed to Dave Evans (804/775-4317 - McGuireWoods/WASA Counsel) or Paul Calamita.

 

A few of the key specific EPA findings included in the permit/fact sheet are:

“The LTCP performance standards are the appropriate WQBELs for these [CSO] discharges.   The use of the LTCP performance standards as the WQBELs for CSO discharges is consistent with the CSO Policy….

“In addition to setting forth the performance standards in the permit … it is appropriate for EPA to indicate that these are the water quality-based effluent limits that apply to the discharges.

“Given that there are now specific WQBELs, EPA believes that a general requirement to comply with water quality standards is unnecessary, redundant and would not as clearly specify the permittee’s obligations.  Therefore, that portion of the permit has been deleted.”

The final permit modification deletes the numeric effluent limits derived directly from the numeric wasteload allocations included in specific TMDLs that were previously included directly as effluent limits, as well as the monitoring and reporting requirements associated with those limits.

Instead … EPA is ensuring consistency with the applicable WLAs through the permit limitations and conditions requiring implementation of the LTCP according to the performance standards….

Development and articulation of those performance standards took the WLAs into account and should achieve those WLAs [based on WASA’s modeling].

This is a very positive development and the modified permit should be a significant precedent for all CSO communities nationwide in terms of proper Phase II permitting.

A copy of the final permit modification and fact sheet for this action can be viewed here.

Washington Post Article Highlights Wildlife Contribution to Bacteria Impairment

The following article was published in the Washington Post last Fall.  It highlights the problems of wildlife bacteria contributions to urban waterways.  In many cases, wildlife contributions prevent the attainment of bacteria standards established to protect public recreation.  While some states have sought to ignore wildlife contributions and focus on bacteria of human origin, EPA’s latest guidance strongly recommends that bacteria from wildlife be counted along with that from livestock and human sources.  The reason for this is that bacteria from wildlife present many of the same illness risks as from human sources.

This article is a classic example of why we need to refine recreational use designations to better address natural, wet weather, and other bacteria realities in urban waters.

Nutrient Trading Update: Pennsylvania Nutrient Credit Trading Underway . Red Barn, the first entity to have credits certified for trading by the Pennsylvania Department of the Environment, has initiated the first sale of nutrient credits in the state as well. The transaction will take place over a five-year period to developer Daniel Maisano, Dunn Lake LLC, for a Susquehanna County development. The development will use the credits toward permitting a package sewage treatment plant for a residential development. Under the Pennsylvania trading system, DEP must approve all credit proposals before the credits can be traded. More information about this program can be found here.

Proposal Description	Estimated Reduction Credits	Submitting Entity	Date Approved
Milton Regional Sewer Authority proposes to generate total nitrogen and total phosphorus credits under its NPDES permit through the "over treatment" of its effluent so that its discharge is below the cap limits established.	46,000 lb/yr N 6,000 lb/yr P	Milton Regional Sewer Authority	October 18, 2006
Red Barn Trading Company proposes one type of credit generating Best Management Practice (BMPs) on an existing poultry broiler farm in Union. The proposed BMP is manure exportation from the home farm. The home farm would export the manure that was previously applied to the cropland to be used on land outside the Chesapeake Bay Watershed. The new destination for manure that is exported is several nutrient deficient areas outside of the Chesapeake Bay watershed and in some cases outside of Pennsylvania. Nutrient Balance Plans will be developed as required for all importing farms/lands located outside the Chesapeake Bay watershed prior to land application and all manure application will be in accordance with all applicable state laws and regulations.	10,525 lb/yr N 1,317lb/yr P	Red Barn Trading Company	September 18, 2006
Red Barn Trading Company proposes one type of credit generating Best Management Practice (BMPs) on an existing poultry broiler farm in Juniata. The proposed BMP is manure exportation from the home farm. The home farm would export the manure that was previously applied to the cropland to be used on land outside the Chesapeake Bay Watershed. The new destination for manure that is exported is several nutrient deficient areas outside of the Chesapeake Bay watershed and in some cases outside of Pennsylvania. Nutrient Balance Plans will be developed as required for all importing farms/lands located outside the Chesapeake Bay watershed prior to land application and all manure application will be in accordance with all applicable state laws and regulations.	11,154 lb/yr N 1,394 lb/yr P	Red Barn Trading Company	September 18, 2006
Red Barn Trading Company proposes two types of credit generating Best Management Practices (BMPs) on an existing poultry broiler farm in Schuylkill. The first proposed BMP is manure exportation from the home farm. The home farm would export the manure that was previously applied to the cropland to be used on land outside the Chesapeake Bay Watershed. The second proposed BMP would be manure exportation from nearby farms that previously used the manure from the producing farm. The new destination for manure that is exported is several nutrient deficient areas outside of the Chesapeake Bay watershed and in some cases outside of Pennsylvania. Nutrient Balance Plans will be developed as required for all importing farms/lands located outside the Chesapeake Bay watershed prior to land application and all manure application will be in accordance with all applicable state laws and regulations.	21,141 lb/yr N 2,643lb/yr P	Red Barn Trading Company	September 7, 2006
Red Barn Trading Company proposes two types of credit generating Best Management Practices (BMPs) on an existing poultry broiler farm in Huntington. The first proposed BMP is manure exportation from the home farm. The home farm would export the manure that was previously applied to the cropland to be used on land outside the Chesapeake Bay Watershed. The second proposed BMP would be manure exportation from nearby farms that previously used the manure from the producing farm. The new destination for manure that is exported is several nutrient deficient areas outside of the Chesapeake Bay watershed and in some cases outside of Pennsylvania. Nutrient Balance Plans will be developed as required for all importing farms/lands located outside the Chesapeake Bay watershed prior to land application and all manure application will be in accordance with all applicable state laws and regulations.	9,036lb/yr N 1,130lb/yr P	Red Barn Trading Company	September 7, 2006
Red Barn Trading Company proposes two types of credit generating Best Management Practices (BMPs) on an existing poultry broiler farm in Snyder. The first proposed BMP is manure exportation from the home farm. The home farm would export the manure that was previously applied to the cropland to be used on land outside the Chesapeake Bay Watershed. The second proposed BMP would be manure exportation from nearby farms that previously used the manure from the producing farm. The new destination for manure that is exported is several nutrient deficient areas outside of the Chesapeake Bay watershed and in some cases outside of Pennsylvania. Nutrient Balance Plans will be developed as required for all importing farms/lands located outside the Chesapeake Bay watershed prior to land application and all manure application will be in accordance with all applicable state laws and regulations.	24,405 lb/yr N 3,051lb/yr P	Red Barn Trading Company	September 7, 2006
Mt. Joy Borough Authority would begin working with a local farmer for an agricultural nutrient trade for the implementation of no-till on 930 acres of farmland. The credit calculations assume a direct change in practice from conventional till to no-till.	5,859lb/yr N	Mt. Joy Borough and ARRO Consulting	June 22,2006
Red Barn Trading Company proposes two types of credit generating Best Management Practices (BMPs) on an existing poultry broiler farm in Juniata County. The first proposed BMP is manure exportation from the home farm. The home farm would export the manure that was previously applied to the cropland to be used on land outside the Chesapeake Bay Watershed. The second proposed BMP would be manure exportation from nearby farms that previously used the manure from the producing farm. The new destination for manure that is exported is several nutrient deficient areas outside of the Chesapeake Bay watershed and in some cases outside of Pennsylvania. Nutrient Balance Plans will be developed as required for all importing farms/lands located outside the Chesapeake Bay watershed prior to land application and all manure application will be in accordance with all applicable state laws and regulations.	8,246lb/yr N1,031lb/yr P	Red Barn Trading Company	June 22,2006