water permitting update 1 yvonne baker, ldeq environmental scientist senior la conference on water,...
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Water Permitting
Update
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Yvonne Baker, LDEQEnvironmental Scientist Senior
LA Conference on Water, Sewerage, and Industrial Wastes, Inc. March 15, 2012
• Sewage Sludge and Biosolids• Water Quality Standards and Assessment• Total Maximum Daily Loads• EPA’s proposed small vessel general permit• EPA’s proposed vessel general permit• EPA’s proposed rule for cooling water
intake structures (316b)
Topics
Sewage Sludge and Biosolids
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• Regulations apply to:• Sewage sludge generated in the treatment of
domestic sewage – does not include non-domestic sludge
• Generators, treaters, land application, and disposal of sewage sludge
• Includes sewage sludge pumped from residential treatment systems and waste pumped from portable toilets
• A permit is required• The date for all facilities to apply for a sewage
sludge/biosolids permit has been extended to January 1, 2013
BIOSOLIDS/SEWAGE SLUDGE
Sewage Sludge(Includes Domestic Septage & Portable Toilet Waste)
Sewage Sludge - any solid, semisolid, or liquid residue removed during the treatment of municipal waste water or domestic sewage. Sewage sludge includes, but is not limited to, solids removed during primary, secondary, or advanced waste water treatment, scum, domestic septage, portable toilet pumpings, type III marine sanitation device pumpings (33 CFR Part 159), and sewage sludge products. Sewage sludge does not include grit or screenings, or ash generated during the incineration of sewage sludge.
Also includes Grease Trap Waste When Pumped or Removed from a Food Service Establishment and Mixed with Sewage Sludge
If you are hauling only grease trap waste, the sewage sludge regulations do not apply.
Pumper of Sewage Sludge
Pumper of Sewage Sludge—a person who removes sludge from a sanitary wastewater treatment facility; domestic septage from a residential septic tank, mechanical treatment plant, or dump station for recreational vehicles and watercrafts or vessels; residuals from a portable toilet; or grease from a food service facility that is mixed with sewage sludge.
Transporter of Sewage Sludge
Transporter of Sewage Sludge—a person who pumps or moves sewage sludge off-site by means of land-based vehicles, barges, ships, rails, pipelines, or other modes of transportation. For oxidation ponds/lagoons/surface impoundments, this includes the removal of the sewage sludge from the oxidation ponds/lagoons/surface impoundments to the levees surrounding the oxidation ponds/lagoons/surface impoundments.
Person Who Prepares Sewage Sludge
Person Who Prepares Sewage Sludge- the person who generates sewage sludge during the treatment of domestic sewage in a treatment works, the person who treats sewage sludge, or the person who derives a material from sewage sludge.
Regulations for Transporters of Sewage Sludge
LAC 33:IX.7301.F
Sewage Sludge Transporter Registration
a. Registration – Registration Form (Form 7159) obtained from the Office of Environmental Services or through the department’s website.
b. ALL the information required by the form shall be provided. c. The registration period - July 1st to June 30th.d. All registrations shall expire on June 30th of each year.e. To continue the operation of transporting sewage sludge - Apply
for re-registration to the Office of Environmental Services by May 1st of each year.
f. The fee for registration shall be an annual fee of $100.
g. The Office of Environmental Services shall be notified prior to any modification to the information submitted for registration, including, but not limited to, the following:
i. The removal and/or addition of information about the facility to which the sewage sludge is being transported.
ii. The removal and/or addition of a vehicle that will be utilized for the transporting of sewage sludge.
Sewage Sludge Transporter Registration
h. All transporters of sewage sludge and/or grease mixed with sewage sludge shall transport the sewage sludge and/or grease mixed with sewage sludge only to a facility permitted to receive sewage sludge.
i. All transporters of sewage sludge and/or grease mixed with sewage sludge shall maintain a daily log or record of activities containing the following information regarding the sewage sludge and/or grease mixed with sewage sludge:i. The date the transported material was obtained, pumped, or
removed;ii. The origin or source of the material;iii. The volume of material removed (generated) from each site,iv. The transfer and/or disposal site; and,v. The amount of material that was transported or disposed.
Sewage Sludge Transporter Registration
When transporting sewage sludge, the bodies of vehicles must be covered at all times to prevent:
1. rain from reaching the sewage sludge;2. inhibits access by disease vectors;3. prevents the sewage sludge from falling or blowing from the
vehicle; and,4. minimizes escape of odors, and does not create a nuisance.
If transporting liquefied sewage sludge - Vehicle shall be constructed and/or enclosed with an appropriate material that will completely prevent the leakage or spillage of the liquid.
Standards Applicable to Vehicles Used to Transport
Sewage Sludge
The exterior and interior of the body of a vehicle that is transporting sewage sludge shall be washed down, at a designated washdown area to:
1. prevent accumulation of sewage sludge; and,2. for the prevention of odors and disease vector attraction.
The washdown area shall be designed, constructed, and operated to prevent groundwater contamination and stormwater run-on and runoff.
Standards Applicable to Vehicles Used to Transport
Sewage Sludge
All water and leachate generated at the designated washdown area shall be contained and discharged in accordance with all applicable state and federal regulations.
If the facility proposes to discharge to Waters of the State of Louisiana, an LPDES application (WPS-S) must be submitted and a permit must be ISSUED prior to discharge.
Standards Applicable to Vehicles Used to Transport
Sewage Sludge
Record Keeping for Transporters of Sewage
Sludgea. The date the transported material was obtained, pumped,
or removed;
b. The origin or source of the material;
c. The volume of material removed (generated) from each site,
d. The transfer and/or disposal site; and,
e. The amount of material that was transported or disposed.
REMINDERS
• All registrations expire on June 30th each year.• All registered transporters must submit the Sewage Sludge
Hauler Notification Form by May 1st each year.• If you do not submit your form by May 1st, you will not get
your new registration prior to expiration. Therefore, you will not be able to haul sewage sludge.
• If you don’t submit your Sewage Sludge Disposal Reporting Form (Form 7161) by February 19th each year, you will not be able to obtain your new registration.
Contact Information
Eura DeHart, Jr., LDEQ
Environmental Scientist Staff
225.219.3213
Water Quality Standards and Assessments
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Water Quality Standards
Based on Clean Water Act (CWA)• Section 101 – goals
– Restore/maintain chemical, physical and biological integrity of nation’s waters
– Provide for (1) the protection and propagation of fish, shellfish and wildlife; (2) recreation in and on the water; (3) prohibit discharge of toxic pollutants in toxic amounts
• Section 102 – also consider uses for– Drinking water, agriculture, industry and navigation
Water Quality Standards
Based on CWA (cont’d)• Section 303(c) – authorizes/requires
– Standards review, update as needed (with public hearings) at least once every three years
– Standards must consist of CWA 101 designated use(s) and criteria to support use(s)
– Submitted to EPA Administrator– If not approved, EPA may adopt standards for the
state
Water Quality Standards
Federal regulations (40CFR131)• Designated uses to support CWA goals• Criteria to support designated uses• Anti-degradation policies• Overview of methods used to review and revise
standards• Information for the basis of non-CWA policies (e.g.
variances, mixing zones)• Certification of standards by appropriate state legal
authority
Water Quality Standards
State Water Quality Standards • Authorized by LA Water Control Law• LAC 33:IX.Chapter 11• Designated uses include
– Fish and Wildlife Propagation/ Limited Aquatic Life Use– Oyster Propagation– Primary/Secondary Contact Recreation– Drinking water supplies– Outstanding Natural Resource Waters– Agriculture
Water Quality Standards
State WQ Standards (cont’d)• Modifications to designated uses requires Use
Attainability Analysis• Standards also contain
– General /narrative criteria (e.g. aesthetics)– Numeric criteria (e.g. bacteria)– Anti-degradation policies– Other standards implementation policies (mixing zones,
critical flows, compliance schedules, variances, toxicity testing, etc.)
Water Quality StandardsCurrent Projects and Activities
• Continue to evaluate and revise, as needed, dissolved oxygen criteria on an ecoregion basis
• Conduct “stressor-response” study to benefit determination of nutrient levels protective of aquatic life (stressors such as elevated nutrient levels – responses such as fish community integrity)
• Evaluate appropriateness of toxicity-based minerals criteria (currently based on background levels)
Water Quality Standards
Foundation of several water quality-based programs• Water quality assessments• Total maximum daily loads (TMDLs)• Water quality based permit limits• Nonpoint source pollution control strategies
Water Quality Assessments
As directed by the CWA• Section 303(d) – impaired waters
– Identify areas with insufficient controls to maintain water quality standards (e.g. impaired)
– Establish a priority ranking– Establish TMDLs
• Section 305(b) – WQ inventory– Submit biennially by April 1 of even-numbered years
Water Quality Assessments
• Section 305(b) (cont’d)– Description of water quality of all navigable waters– Analysis of designated use support– Assessment of activities and programs to achieve
standards– Cost/benefit analysis to achieve standards– Description of nonpoint sources of pollution
• Integrated Report – combined report to meet requirements of 303(d) and 305(b)
Water Quality Assessments
Monitoring Program• Nearly all 478 subsegments have sites that are
monitored• Approximately 20 sites are monitored every year• The remaining sites are monitored every four years• A set of core parameters are used to determine
support of designated uses.
Water Quality Assessments
Designated Use Example Core Assessment Parameters
Fish and Wildlife Propagation Dissolved oxygen, temperature, pH, minerals, turbidity, toxic substances
Oyster Propagation Fecal coliform
Primary Contact Recreation Fecal coliform, toxic substances, temperature
Secondary Contract Rec. Fecal coliform, toxic substances
Drinking Water Supply Fecal coliform, toxic substances, color
Outstanding Natural Resource Turbidity
Water Quality Assessments
2012 Integrated Report• Subsegments fully supporting all uses – 97• Subsegments not supporting one or more uses –
363• Subsegments with insufficient data to determine
use support – 18• Public notice period closed 2/29/12• Submit to EPA Region 6 by April 1, 2012
Stephanie Braden, LDEQEnvironmental Scientist Manager
Kristine Pintado, LDEQEnvironmental Scientist Senior
Albert Hindrichs, LDEQEnvironmental Scientist Staff
Contact Information
Total Maximum Daily Loads (TMDLs)
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TMDL Defined
• TMDL = WLA + LA + MOS – WLA = Waste Load Allocation for point source loads– LA = Load Allocation for nonpoint source load– MOS = Margin Of Safety (account for uncertainty/growth)
• TMDLs establish the maximum amount of loading that a waterbody can assimilate while maintaining the established water quality criteria.
TMDL DefinedTMDLs:• Can be developed for any parameter• Set limitations on waterbodies based on established
target values (standards or criteria) • Can be expressed as various statistical functions at
various frequencies• Can be expressed in terms of load reductions through
Best Management Practices (BMPs) when appropriate
TMDL Regulations• TMDLs requirements were established in Section 303(d) of
the Clean Water Act; additional clarification is provided in the Code of Federal Regulations (40 CFR 130.7)
• States must:– identify impaired waters– establish priority ranking– establish TMDLs for those pollutants suspected to cause the
impairments• TMDLs must be completed for all waterbody/parameter
combinations, but a higher priority is given to impaired waterbodies.
• If states do not develop TMDLs, EPA will.
Primary Steps in TMDL Development
• Waterbodies are defined as regulatory subsegments by Louisiana’s Environmental Regulatory Code (ERC 33:IX.1123).
• Waterbodies defined as subsegments are assessed as part of the 305(b) report
• Waterbodies that fail their assessments are placed on the 303(d) list and scheduled for TMDL development
Primary Steps in TMDL Development
• Collect and analyze all needed data.– Gather all available hydrologic data, water quality data, and
stream characterization information.– Conduct field surveys - particularly for dissolved oxygen
TMDLs.• Calculate TMDLs, WLAs, LAs, and load reductions.
For dissolved oxygen and possibly fecal coliform, this involves the development of computer models.
• Write the draft report• Public review• Address comments and finalize the TMDL• EPA approval (only for impairments)
• 698 TMDLs approved for Louisiana waterbodies
• 165 developed by LDEQ• 533 developed by EPA contractors• 40 draft TMDLs recently public noticed
Total number of TMDLs developed for Louisiana
Waterbodies
Number of TMDLs Developed by Parameter or Category*
Parameter Number of TMDLsOxygen demand (low DO) 160
Nutrients (ammonia and nitrogen) 95Fecal coliform 84
Minerals 46Sedimentation 196
Toxics 11Pesticides 32
Metals 70Other 4
*1999-2012
TMDL Impacts
• Possible New or More Stringent Permit Requirements– Lake Pontchartrain Basin TMDLs
• Improvements in Water Quality– Bayou Plaquemine Brule (fecal coliform)– Grays Creek (dissolved oxygen)– Parish regionalization efforts (St. Tammany, Livingston,
Ascension)• Problematic TMDLs
– Calcasieu Toxics TMDL– Chlorides, sulfates, total dissolved solids
Louisiana’s Path Forward
• Increase stakeholder and public participation in future TMDL development
• Develop fecal coliform TMDLs for Tunica Bayou (070505) and Lawrence Creek (090504)
• Follow up with parishes and stakeholders in the Lake Pontchartrain Basin
• Complete Phase II of the Lake Pontchartrain Basin DO TMDLs, based on the appropriate criteria
The Nation’s Path Forward
• States and organizations are considering recommendations to EPA such as:– Reevaluate the way waterbodies are assessed and listed
as impaired to avoid TMDL development when other measures may be more beneficial
– Reevaluate target values for TMDLs (other than waterbody criteria)
– Eliminating pace quotas and concentrate on environmental improvement
– Utilize adaptive management
Websites
Access to Louisiana TMDLs or notifications can be obtained at:
http://www.deq.louisiana.gov/portal/default.aspx?tabid=1563
http://www.epa.gov/region6/water/npdes/tmdl/index.htm
http://louisiana.gov/Services/Email_Notifications_DEQ_TMDL/
CONTACT INFORMATION
TMDL contact– Chuck Berger, DCL Senior: 225.219.3366
Water Quality Section Stephanie Braden, Manager: 225.219.3187
Wastershed Survey Group – David Greenwood, Manager : 225.219.3654
EPA’s Vessel General Permit
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Applicability
The permit is applicable to non-recreational, non-military vessels greater than 79 feet –Approximately 70,000 vessels plus ~2,200 commercial fishing vessels eligible for coverage
Vessel General Permit• The current VGP expires on December 19, 2013 o The current VGP covers:
Discharges incidental to normal operation of non-recreational vessels 79 feet or longer, except commercial fishing vessels
For ballast water discharges, permit covers all non-recreational vessels (including commercial fishing vessels and vessels less than 79 feet)
• National in scope o Pursuant to CWA § 401, 28 States, Tribes, and
Territories provided additional permit conditions
Proposed Vessel General Permit
• Covers 27 discharge types including ballast water
• Has additional vessel class-specific conditions for 8 classes of vessels
• Jurisdiction of the permit covers inland waters and 3 nautical mile (nm) Territorial Seas
Proposed Vessel General Permit - Changes from
Previous Permit
• For the first time, the draft VGP contains numeric ballast water discharge limits for most vessels.
• The draft VGP also contains more stringent effluent limits for oil to sea interfaces and exhaust gas scrubber washwater.
Proposed Vessel General Permit - Changes
from Previous Permit
• EPA has also improved the efficiency of several of the VGP’s administrative requirements, including:– allows electronic recordkeeping; – requires a combined annual report in lieu of the one-time
report and annual noncompliance report; and – requires small vessel owners and/or operators to obtain
coverage under the VGP by completing and agreeing to the terms of a Permit Authorization and Record of Inspection form.
EPA’s Small Vessel General Permit
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Applicability
The permit is applicable non-recreational, non-military vessels less than 79 feet –Approximately 118,000 to 138,000 vessels eligible for coverage
Proposed Small Vessel General Permit (sVGP)
• The sVGP is organized by discharge management categories.
• All covered discharges are located in these categories. – The discharge management categories in the draft sVGP
include fuel management, engine and oil control, solid and liquid maintenance, graywater management, fish hold effluent management, and ballast water management.
Proposed Small Vessel General Permit (sVGP)
• All vessels eligible for coverage under the sVGP will receive coverage at the time and date of the expiration of the moratorium, December 18, 2013.
• As a requirement of this permit, vessel owner/operators must complete the sVGP Permit Authorization and Record of Inspection (PARI) form.
• The PARI form must be signed and maintained onboard the vessel for the entire permit term.
• Additionally, the permittee must conduct an annual self-inspection and certify that he or she has done so by signing the form each year.
More Information of EPA’s VGP and sVGP
• http://cfpub.epa.gov/npdes/vessels/vgpermit.cfm
Contact Information
Bruce Fielding, LDEQ
Environmental Scientist Manager
225.219.3231
Cooling Water Intake Structures (316b)
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What is 316(b)?• Section 316(b) of Clean the Water Act
– Shall require that the location, design, construction, and capacity of cooling water intake structure reflect the best technology available for minimizing adverse environmental impact.
Phase I
• “New Facilities” – definition at LAC 33:IX.4707• Excluded New Oil & Gas Facilities in Coastal and
Territorial Seas Subcategories• Design intake flow > than 2 MGD• At least 25% of intake water used for cooling
Phase II
• Primary activity generates and transmits electrical power
• Design intake flow of 50 MGD or more• At least 25% of intake flow used for cooling
Phase III
• New oil & gas facilities in the coastal and territorial seas subcategories
• CW intake flow > than 2 MGD• At least 25% of CW used for cooling• Excluded all other existing facilities• Does not apply to: Seafood processing vessels and
Offshore liquefied natural gas import terminals
Proposed Rule
• Decreases the size of the design intake from 50 MGD to 2 MGD
• Includes facilities other than Steam Electric (e.g. manufacturing facilities)
• Source Water Biological Baseline Calculation was removed
• Modified traveling screens are BTA for impingement (numeric limits) with a compliance alternative– Impingement mortality is economically achievable
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Proposed Rule
• No uniform BTA for Entrainment – – Facility specific on a case by case basis
• Cooling Towers (or technology equivalent) are BTA for new units
• Application requirements (justification) are burdensome (peer reviews, socio-economic benefits, etc.)
• LDEQ submitted comments to the proposed rule on August 18, 2011
• LA AG office officially joined the 316b comment letter along with other AGs from other states
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CWA does not require the minimization of impingement and entrainment.
Facilities that can demonstrate the aquatic community is healthy, the impingement and entrainment mortality requirement should not be required.
LDEQ does not believe that the intent of the CWA was for facilities with cooling water intake structures to be required to install, operate, and maintain technology or modify intake structures to meet impingement and entrainment mortality requirements if there are no adverse environmental impacts.
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LDEQ Overall Comments
If the state reviews the data required to be submitted and makes a determination in conjunction with the Fish and Wildlife Service that the cooling water intake structure does not create or contribute to an adverse environmental impact, there should be no need to conduct further studies or implement the remaining provisions of the proposed rule.
If the states determine that an adverse impact exists, the remaining provisions of the rule would be implemented.
Allowing the states to first make a determination as to whether an adverse impact exists will allow states to focus resources where implementation of the proposed rule is needed most and reduce the amount of resources needed to implement the rule
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LDEQ Overall Comments
The proposed rule is inconsistent with 30 years of agency policy, including the position taken by the agency in the 2008 United States Supreme Court Riverkeeper decision, which allowed for expanded flexibility to states.
The proposed rule precludes states from addressing issues of economic feasibility upfront and decreases the states’ ability to determine BTA standards on a case-by-case basis, as EPA has done for the past three decades.
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LDEQ Overall Comments
EPA’s adoption of an inflexible, national standard for impingement would undermine the coordinated federalism for protection of our nation’s waterways created by the CWA.
The proposed rule expands the regulated universe without demonstration of adverse environmental impacts on water bodies.
There are no additional sources of funding for already overburdened state resources to implement the proposed rule. The rule as proposed will be difficult for states to implement and overly burdensome for the applicants to comply with.
EPA needs to consider the broad economic impacts of the proposed rule in conjunction with economic impacts of other rules such as recent changes to ozone requirements in the Clean Air Act.
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LDEQ Overall Comments
Comments
• Cooling Water Intake Structure Size and Applicability of Proposed Rule
• Regulated Facilities• Application Requirements for Closed Cycle Cooling Systems• Velocity Requirements• Flexibility of the Proposed Rule• Impacts to Groundwater Usage • Determination of Adverse Environmental Impacts• Economic Impact
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• Force Majeure• Other Agency Review• Clarification of Proposed Rule• Water Quality Impacts • Inconsistencies in Application Requirements • Annual Certification Requirement • State Resources• Source Water Characterization
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Comments
• Flow Measurement • Applicability • Impingement Mortality Percentages • Cooling Ponds • Inactive Facilities • Compliance Timelines and Reporting
Requirements • Modified Traveling Screens • Cumulative Impacts • Cost/Benefit Ratio
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Comments
Contact Information
Yvonne Baker, LDEQ
Senior Environmental Scientist
225.219.3193
Questions
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