Action On South Dakota Regional Haze Reduction Plan

The U.S. Environmental Protection Agency (EPA) has announced a court ordered schedule to review and act on more than 40 state regional haze reduction plans (including South Dakota), designed to improve visibility in national parks and wilderness areas. The EPA action by itself does not establish control requirements; EPA will work with the states to approve their plans by the court ordered deadline in the agreement. Under the terms of the consent decree, if a state plan cannot be approved, EPA will determine an appropriate federal plan.

The dates for promulgation of final rules (either accepting or rejecting State plans) begin December 13, 2011 and run through November 15, 2011. The dates for action on the South Dakota regional haze SIP are:
Proposed Promulgation: November 29,2011
Final Promulgation: March 29, 2012

EPA initially issued a rule in 1999 requiring states to submit regional haze plans. These plans were due in December 2007, but no action was taken by the agency in response to the submittals. National Parks Conservation Association and other environmental groups sued the agency in August 2011 to take action on these plans, and the consent decree resolves this litigation. EPA will accept public comment on this agreement for 30 days following publication of a notice in the Federal Register.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Draft General Permit For Infrequent Temporary Wastewater Discharges

The South Dakota Department of Environment & Natural Resources (SDDENR) has released its draft general NPDES permit to cover certain types of infrequent or on-time discharges of wastewater and/or stormwater. Under Federal Clean Water Act rules, these types of discharges can not occur unless covered under an NPDES permit. The types of discharges which would be allowed under the South Dakota permit, once finalized, include:

Construction dewatering,
Pump testing of water wells,
Discharges from swimming pools and similar structures,
Discharges of petroleum contaminated ground water from remediation sites,
Other types of short-term discharges meeting specific criteria.

In order to be covered under the general permit, dischargers will need to submit an application to the SDDENR.

The draft NPDES general permit specifies effluent limits and monitoring that must be conducted during the discharge. It also outlines specific Best Management Practices (BMP) that should be followed before, during and after the discharge occurs.

The draft general permit was placed on 30-day public comment, and will be finalized and available for use after comments are received and the permit modified, if necessary.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Amendments To South Dakota Air Construction Permit Requirements and GHG Pemits

The South Dakota Department of Environment and Natural Resources (DENR) is proposing revisions to administrative rules of South Dakota Chapter 74:36, Air Pollution Control Program. DENR is proposing that the Board of Minerals and Environment adopt revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36 – Air Pollution Control Program to be consistent with federal rules.

The federal Environmental Protection Agency (EPA) adopted revisions to its Prevention of Significant Deterioration and Title V air quality permit programs which established greenhouse gases (GHG) as a regulated air pollutant and a greenhouse gas air emission threshold for when a business is required to obtain a permit. The proposed revisions to ARSD Article 74:36 will be to adopt the federal greenhouse gas tailoring regulations. The proposed revisions to ARSD Article 74:36 will also allow certain businesses to start construction before a construction permit is issued.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

SDDENR General Permit For Pesticide Application Discharges

The South Dakota Department of Environment and Natural Resources (DENR) has released its draft surface water discharge permit for pesticide applicators. Discharges to waters of the state from the application of either chemical or biological pesticides that leave a residue or are not otherwise excluded from coverage under the federal Clean Water Act will require a permit.

The draft General Permit was prepared for the five pesticide use categories:


Mosquito and Other Flying Insect Pest Control. This use category includes the control of public health/nuisance and other flying insect pests that develop or are present during a portion of their life cycle in or above standing or flowing water.

Weed and Algae Control. This use category includes the control of invasive or other nuisance weeds and algae in water and at water’s edge, including irrigation ditches and/or irrigation canals.

Aerial Pest Control. This use category is for the aerial application of a pesticide to control the population of a pest (e.g., insect or pathogen) where, to target the pests effectively, a portion of pesticide will be unavoidably discharged into waters of the state. These pests are not necessarily aquatic, but are detrimental to industry, the environment, and public health.

Ditch and Stream Bank Pest Control. This use category includes the management of a diverse pest spectrum where pesticides are deposited into a ditch or along stream banks to target the pests effectively and may result in a discharge to waters of the state.

Declared Pest Emergency Situation. This use category is for discharges associated with a declared pest emergency discharge.

Discharges not eligible for coverage under the draft General Permit include discharges to waters of the state identified in the 303(d) list or Integrated Report as impaired for that pesticide or its degrades, and discharges associated with the management of invasive or other nuisance pests in water, including fish, lampreys, and mollusks. An individual permit or alternative general permit would be required for those discharges.


Under the draft general permit, an application for permit coverage is not required. All pesticide activities requiring coverage under the permit will automatically have coverage upon the effective date of the permit.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

PSD and NSR Rule For Fugitive Emissions

EPA is proposing to reconsider the final rule titled, "Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions," published on December 19, 2008.

Through a letter signed on April 24, 2009, EPA granted reconsideration on a petition submitted by National Resources Defense Council (NRDC), as well as an administrative stay. In addition to the three-month administrative stay, EPA proposed and finalized an additional 18 month stay to allow enough time to propose, take public comment on, and issue a final action concerning the inclusion of fugitive emissions in the federal PSD program. The additional 18 month stay became effective on March 31, 2010. EPA will consider the petition for reconsideration, public comments, and information contained in the rulemaking docket to reach a decision on the reconsideration and finalize the rule, which is expected in March 2011.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

South Dakota Revised Industrial Stormwater Permit

The South Dakota Department of Environment and Natural Resources (DENR) has drafted a revised general stormwater discharge permit for industrial dischargers in the State. The existing permit expired in 2008, but has remained in effect until the revised permit is finalized.

The revised permit that has been draft is similar in many aspects to the existing permit, including requirements for stormwater pollution prevention plan (SWPPP), site inspections, and prohibition on non stormwater discharges, such as equipment and vehicle washing.

There are some important differences in the working draft that will change the compliance requirements for South Dakota industrial sites.

Multi Sector Industrial Requirements. The current draft permit does not include the industrial sectors associated with the EPA Multi Sector General Permit (MSGP), however it does segregate seven industrial sectors:

• Metals
• Transportation (other than airports)
• Air Transportation, Airports
• Food and Kindred Products
• Auto Salvage
• Landfills
• Waste Treatment

The draft permit is expected to have the same compliance requirements for all industrial facilities, including the seven sectors, with the exception of monitoring requirements.

Stormwater Monitoring Requirements. Under the draft permit requirements, all industrial sites will have to conduct storm water discharge monitoring. All sites would have to collect samples during the first year of the permit and report results to SDDENR. The chemical parameters to be tested by each site will depend on the industrial sector the site falls into.

Under the current plan, monitoring results reported to DENR will be used to determine if industrial benchmark concentrations will be established during the next permit revision and as a basis for future benchmarks.

The revised permit is expected to be released for public review and comment in the Fall 2010; South Dakota DENR anticipates that the new permit will be effective January 1, 2011.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, prepare stormwater pollution prevention plans (SWPPP) and spill prevention and control plans, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Revised CAFO Permit Requirement Agreement

On May 25, 2010, environmental groups and the Environmental Protection Agency (EPA) signed a settlement agreement resolving their challenges filed in federal court to the 2008 Final Concentrated Animal Feeding Operations (CAFO) National Pollutant Discharge Elimination System (NPDES) Rule.

The settlement agreement requires EPA to issue a guidance document, no later than May 25, 2011, that specifies the kinds of operations and factual circumstances that EPA anticipates may trigger the duty for CAFOs to apply for NPDES permits. The agreement also requires EPA to propose a rule to require all owners or operators of CAFOs to submit information to EPA, regardless of whether they discharge or propose to discharge. EPA is required to propose such a rule, receive public comment and take final action on the proposed rule by May 25, 2012.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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DENR Revised Construction Stormwater Permit

On February 1, 2010, the revised NPDES discharge permit for construction site stormwater discharges takes effect in South Dakota. The South Dakota Department of Environment & Natural Resources (DENR) issued the revised permit on December 31, 2009; this permit replaced the previous, which had been issued in 2002 and has been expired since 2007. The revised permit makes a number of changes to the stormwater compliance requirements needing to be met at affected construction sites.

Some of the changes include:

Permit

• NOI must be signed by the owner
• SWPPP must be developed before the NOI is submitted
• All SWPPPs, inspection reports, or other information must be signed and certified by a signatory official or by a “duly authorized representative” (Signatory authority must identify authorized representative and submit written authorization letter to DENR)

Stormwater Controls

• Controls must be designed to meet 2 inch 24 hour event (2-year, 24-hour storm event)
• Sediment basins required if >10 acres disturbed at one time, where possible
• Sediment traps or other equivalent controls required if <10>
• All storm drain inlets must be protected until site is stabilized
• Install velocity dissipation devices at points with high flows
• Soil stockpiles must have silt fence or other effective controls Properly store and dispose of litter, construction debris, and chemicals

Inspections

• Once every 7 days
• Within 24 hours after storm that is 0.5 inches or greater

Maintenance

• Remove sediment when ponds are 50% full
• Clean silt fences before sediment is 50% of the fence height
• Must minimize dust generation and tracking; street sweeping required at a minimum
• Remove sediment that accumulates off-site
• Site must be stabilized within 14 days after construction has ceased at the site

Caltha LLP provides expert environmental consultant services in South Dakota to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.


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South Dakota EH&S Consultant – Environmental Consulting Services

Caltha LLP provides expert technical consulting services to private and public sector clients across South Dakota. For further information, click on links below:

South Dakota Air Permit Compliance – Air Emission Permitting Services
South Dakota Stormwater Permit Compliance – Storm Water Permitting Services
South Dakota Environmental Assessment– Phase I (Phase 1) ESA Services
South Dakota Product Stewardship Services
South Dakota Pollution Prevention - Pollution Minimization Services
South Dakota Wastewater Compliance - NPDES Permitting Services

For further information contact Caltha LLP at
info@calthacompany.com
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Caltha LLP Website

SDDENR General Discharge Permit - Proposed NPDES Permit

South Dakota Department of Environmental and Natural Resources (SDDENR) has released a proposed general wastewater discharge permit for selected discharges associated with water treatment facilities. The proposed permit has been released for public comment; comments must be received by March 3, 2009.

The proposed SDDENR General Permit addresses several types of wastewater discharged from water treatment and distribution facilities, including:

• Filter Backwash and Settling Basins
• Treatment or Storage System Overflows
• Disinfection and Flushing of Potable Water Lines
• Storage System Disinfection
• Water Line Breaks and Leak Repairs
• Other Temporary Discharges
  

The proposed permit lists specific conditions and best management practices (BMPs), inspection and monitoring requirements and discharge limits associated with each type of discharge.

It should be noted that US EPA is currently reviewing water treatment plants to determine if federal technology-based effluent limits are needed. If new effluent guidelines are promulgated for any of the listed discharges, it may be necessary for SDDENR to modify the general permit.

Caltha LLP assists wastewater dischargers in applying for NPDES permits and in developing and implementing cost effective permit compliance programs.

For further information contact Caltha LLP at
info@calthacompany.com
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Caltha LLP Website

South Dakota Environmental Consultant Services

Caltha LLP is an Environmental Health & Safety (EHS) Consultant serving a broad range in public and private sector clients in South Dakota.

Caltha’s practice areas include:

• Air permitting
• Wastewater permitting
• Stormwater permitting
• Environmental review
• Waste management consulting
• ISO 14001 – Environmental management system consulting
• EH&S Training
• Site assessment & environmental due diligence
• Risk assessment
• Hazard communication
• Product stewardship support
• Temporary EHS staffing

For further information contact Caltha LLP at
info@calthacompany.com
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Caltha LLP Website

SDDENR Air Permit Services

Caltha LLP provides a wide range of services related to air emission permitting and compliance. This includes:

State operating permits
Part 70 operating permits
PSD permitting
Registration permits
Air emission inventory
DENR reports
Recordkeeping systems
Employee training
BART determination
Fugative emission determination


For further information contact Caltha LLP at
info@calthacompany.com
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Caltha LLP Website

South Dakota Environmental Permitting - Wastewater Permitting

Caltha LLP provides wastewater permitting and compliance services to industrial and municipal dischargers, including:

Industrial wastewater permits
Industrial pretreatment permits
Significant industrial user permits
MCES permits
WLSSD permits
NPDES permit
Antidegradation policy
Antidegradation review
Water quality standards
Water quality monitoring
Wastewater monitoring
Water quality modelling
Effluent limits
DMR
Discharge Monitoring Report
Water testing


For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Website: http://www.calthacompany.com/