Water Quality Certifications

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Water Quality Certifications

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What is a water quality certification (WQC)?

• Certifies that the discharge of fill material
  into navigable waters will comply with site
  specific water quality standards.
• Procedures for WQCs are described in LAC
  33IX.Chapter 15.

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Why is a WQC Required?

• Section 401 of the Clean Water Act requires
  certification for all federal licenses and
  permits required by the act.
• All federal licenses or permits cannot be issued
  without a WQC.
• Corps of Engineers Section 404 permits make up
  99 of all WQC requests.

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WQC Considerations

• Each application is reviewed to identify existing
  and potential causes and sources of water quality
  impairment related to the proposed project
  including
• Analysis of pre- vs. post-construction stormwater
  and land use changes,
• BMPs during construction,
• if necessary, method of wastewater treatment.

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Common Activities Requiring Certification

• Oil Gas Exploration, Production Service.
• Construction of Board Roads, Ring Levees, Drill
  Pads, etc.
• Dredging Waterbodies for Access to Well Sites.
• Installation of Pipelines.

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Common Activities Requiring Certification (cont)

• Development, Expansion /or Improvement of
  Property.
• Residential Subdivisions
• Commercial and Industrial Complexes
• Individual Home and Campsites
• Municipal Projects
• Hurricane Protection Levees
• New Schools, Roads, Bridges, Sewerage
  Infrastructure, etc.

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WQC Process

• Receive Application/Initial Review
• Conduct a Public Notice
• Request Additional Information, as needed.
• Final Review
• Issue a Final Decision

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Application

• The Corps or Coastal Management Division provides
  DEQ with a copy of the Section 404 permit
  application.
• A complete copy of the Section 404 permit
  application is required to initiate the
  certification process.

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Public Notice

• Public notices can be issued in conjunction with
  the Corps /or Coastal Management Division.
• Some public notices are published in the Advocate
  and the newspaper of general distribution at the
  location of the proposed activity.

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Public Comments

• All comments received from the public are
  reviewed.
• DEQ accepts comments from within the Department,
  other state and federal resource agencies.
• The applicant is asked to respond to the comments.

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WQC Resources

• WQC staff utilize the following resources to
  analyze potential impacts to water quality
• Louisiana Water Quality Management Plan
• 305(b) Report
• Section 303(d) List of Impaired Waterbodies
• Subsegment Descriptions
• Designated Uses Degrees of Support
• Suspected Causes and Sources of Impairment

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Water Quality Resources (cont)

• Louisiana Effluent Limitations Policy, Area-wide
  Policies, TMDLs.
• Ambient Water Quality Monitoring Data
• Technical Reports, Studies, Publications, and
  Other Data from Federal, State, Academic, and
  Other Entities Related to Controlling Non-point
  Source Pollution, Stormwater, Best Management
  Practices, etc.

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Water Quality Resources (cont)

• Input from the Public.
• Input from Federal, State, and Local Resources
  Agencies.
• EPA, USFW, NMFS, LDWF, CMD, et al.

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Final Review

• WQC staff review the complete application and
  recommend approval or denial based upon
• The applicants response to public comments
  related to water quality issues.
• The projects compliance with site-specific water
  quality standards.

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Decision

• The designated authority reviews the application
  for approval or denial.
• If a decision cannot be made, then the
  application will be sent back for clarification,
  /or additional information.
• If a decision can be made, then the water quality
  certification is signed, completing the process.

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Issuance of WQCs

• WQC staff review the complete application and
  recommend approval or denial based upon
• The applicants response to public comments
  related to water quality issues.
• The projects compliance with site-specific water
  quality standards.

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Issuance of WQCs (cont)

• If a decision cannot be made, then the
  application will be sent back for clarification,
  /or additional information.
• If a decision can be made, then the water quality
  certification is signed, completing the process.

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New for 2012

• 2012 Nationwide Permit Renewal
• Only NWP 29 39 will require WQCs.
• EPA approved TMDLs for LA
• Many of Louisianas watershed basins now have
  specific numerical water quality criteria that
  must be met previously this criteria was
  narrative or general.
• This will primarily affect sanitary wastewater
  discharges.

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Water Quality Certifications

• Helps ensure that the quality of Louisiana waters
  are maintained for the use of all citizens of the
  state.

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WQC contact info.

• Jamie.Phillippe_at_la.gov
• Desk 225-219-3225
• Fax [phone]
• Louisiana Dept. of Environmental Quality
• P.O. Box 4313
• Baton Rouge, LA 70821-4313
• Attn Water Quality Certifications