Water Division Update

Melanie D. DavenportSeptember 2014

OVERVIEWRecent Regulatory Actions

Construction Stormwater General PermitIndustrial Stormwater General PermitGroundwater Withdrawal RegulationsWater Reclamation and Reuse RegulationBiosolids Regulation

Pending Regulatory ActionsTriennial Review of Water Quality StandardsNutrient Trading Regulation

Upcoming Regulatory ActionsVirginia Water Protection Program

OVERVIEW CONT’D…..2Other Items

EPA §316(b) Final RuleeDMR updateJames River PCB TMDLStormwater Local Assistance Fund

Construction Stormwater VPDES General Permit

New GP effective July 1, 20144000+ reissuance registration statements

received2400+ processed to dateMay take until end of 2014 to process all

reissuance registrations.82 new issuance registration statements

received and processed since July 1, 2014.

2014 Stormwater LegislationJuly 1, 2014 requirement for VSMP

implementation by MS4 localities.Non-MS4 localities can choose to “opt in”

this year or in future years. If they opt out, DEQ administers the program for them.

New MS4s counties may defer local program implementation until January 1, 2015, with DEQ administering it for them in the meantime.

2014 Stormwater Legislation

Allows agreement in lieu of a stormwater plan for construction of a single family residence.

No registration under the construction general permit for single family residences separately built.

Procedure for a stormwater management plan approved for a subdivision to govern development of individual parcels, even if developed by subsequent owners.

Provide reciprocity with other states that have certified proprietary best management practices

Clarifies that appeal of local decisions conducted in accordance with local procedures.

9VAC25-880 : 2014 CGP ReissuanceLocal & Private Construction Projects

2014 Registration Statement & Permit Fee Form

$290 to $9,600 (due to DEQ)DEQ still accepting Reissuance

applications (were due June 1, 2014)Update existing SWPPP no later than 60

days after general permit coverage

Local Programs (VSMP) Status

DEQ has provided provisional or final approval for localities to become a VSMP Authority.

Regulations amended to include 2014 legislation VSMP to receive local portion of Construction GP

reissuance fee. DEQ/VSMP Construction General Permit Database

in use for first time issuances.

Local VSMPs & DEQ ROs

9VAC25-880 : 2014 CGP IssuanceLocal & Private Construction Activities

Locality is VSMP AuthorityPrepare SWPPP2014 Registration Statement & Permit Fee FormESC Plan, SWM Plan & Registration Statement

reviewed by locality$209 to $6,912 (due to locality) $81 to $2,688 (due to DEQ)

9VAC25-880 : 2014 CGP Issuance

Stormwater Pollution Prevention Plan (SWPPP) RequirementsApproved ESC PlanApproved SWM Plan (LTM Agreement)

New Water Quality Requirements

Virginia Runoff Reduction Method

Virginia Stormwater BMP ClearinghouseNew Water Quantity Requirements

Channel Protection (Energy Balance)

Flood Protection

July 1, 2014 - Construction GP Issuance

Operator submits information to the VSMP via a paper registration statement.

The VSMP does all necessary information correction and checks for completeness.

VSMP provides registration statement information to DEQ database.

Database system verifies required fields and quality control checks have been met and immediately sends a confirmation email to the VSMP.

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July 1, 2014 - Construction GP Issuance

VSMP Authority may issue the land disturbing permit upon receipt of this email.

NO land disturbing activity can commence until the DEQ Construction GP coverage is received by the permittee.

DEQ processes complete registration information and provides permit coverage.

Permit TMDL applicability included in DEQ coverage letter.

DEQ provides e-mail with permit information to the VSMP and the operator. 13

Industrial Stormwater VPDES General Permit

Key changes in regulation:New or Expanding facilities in Bay area – no net

increase of TP,TN and Sediments.Increased Benchmark/Effluent/Impaired Waters

Monitoring to semiannual.Eliminated follow-up monitoring for effluent limits

and TMDL exceedances.Additional Monitoring in Chesapeake Bay Area for

nutrients and sediment – semiannual for 2 years.Additional Sector Specific changes.

GROUNDWATER WITHDRAWAL REGULATIONS

Effective January 1, 2014Expands Eastern Virginia Groundwater

Management Area to Middle Peninsula and Northern Neck

Brings entirety of Coastal Plain Aquifer System within the designated Groundwater Management Area

All existing users in expanded area that withdraw more than 300,000 gallons in any month had to submit complete permit application by June 30, 2014

Secures claim to continued withdrawals

DEQ held Pre-application workshops around the newly expanded management area

121 Known potential applicants100% of known withdrawals submitted within

required time frame.Recently posted jobs for three additional

groundwater permit writersRolled out new model – VAH4DRO-GW for technical

evaluation of proposed and actual withdrawal Working with VDH re: Waterworks Regulations for

better consistencyDefinitionsForms

Water Reclamation and Reuse Regulation (9VAC25-740)

Amendments effective January 29, 2014

Regulatory action initiated in 2011 to further promote and encourage the reclamation and reuse of wastewater in a manner protective of the environment and public health

Water Reclamation and Reuse Regulation (9VAC25-740)

Amendments include:Variance provision can allow design, construction,

O&M deviationsTemporary emergency authorization allows

production, distribution and reuse of reclaimed water during periods of significant drought to supplement strained potable water supplies

Reduction of the discharge due to reclamation and reuse must not alter the physical, chemical, or biological properties of the receiving waters in a manner that would cause a significant adverse impact to other beneficial uses; cumulative impact analysis used to evaluate

BiosolidsVPA, VPDES, Fee Regulations

Regulatory process begun in 2008Amendments effective September 1, 2013Includes (among others)

Additional signage requirements (e.g. all fields adjacent to road)Additional notification requirements to localities (e.g. sign

placement, within 24 hours prior to land application)Staging of biosolids on field up to 7 days prior to land applicationOn-site storage up to 45 days at approved land application sitesRoutine storage must be covered (does not include storage at

WWTP)New storage requirements effective 9/1/2014VDH permits expired on 9/1/2014 if VPA applications not

complete

Background:

Federal Clean Water Act requires review and update of Water Quality Standards every 3 years.

Virginia’s Last Triennial Review was completed February 2010.

Goal: provide a technical regulation that is protective of water quality in surface waters, reflects recent scientific information, reflects agency procedures, and is reasonable and practical.

Triennial Review

NOIRA comment - Aug. 12 to Oct. 11Regulatory Advisory Panel formedRAP met 3 times – Nov. 2013 to Jan.

2014Staff input, public comment, and RAP

identified needed amendments

Triennial Review of VA Water Quality Standards:

Update criteria based on new EPA guidance

Update waterbody class/use designations Miscellaneous clarifications and updates Revisions based on issues raised by

agency programs

Reasons for Proposed Changes:

1. Table of Parameters (Toxics): Criteria updates based on recent EPA recommendations

a. Human Health Criteria Parameters:

Updates to 8 compoundsNew toxicity information – recalculations

based on new reference dose or oral slope factor

Possible economic impact on permittees if present in effluent

Substantive Issues:

Human Health Criteria Updates

Chemical

Old Criteria(µg/L)

Public Water Supply

Updated Criteria (µg/L)

Public Water Supply

Old Criteria(µg/L)

All Non-PWS Waters

Updated Criteria (µg/L)

All Non-PWS Waters

Carbon Tetrachloride 2.3 4.3 16 30Cyanide, free 140 4.2 16,000 480Hexachloroethane 14 5.0 33 12Methylene Chloride 46 170 5,900 22,000Nitrobenzene 17 68 690 2,800Pentachlorophenol 2.7 0.80 30 9.1Tetrachloroethylene 6.9 130 33 620Trichloroethylene 25 7.0 300 82

1. Table of Parameters (Toxics): Aquatic Life Protection

b. Acrolein (freshwater criteria only) Criteria final in August 2009 Acute & Chronic criteria = 3.0 ug/l

c. Carbaryl Criteria final in May 2012 Acute & Chronic criteria = 2.1 ug/l in

freshwater Acute criterion=1.6 ug/l in saltwater

Substantive Issues:

1. Table of Parameters (Toxics): Aquatic Life Protection

d. Cadmium – revise criteria in freshwater based on more recent data

Freshwater Cadmium Criteria

Acute Chronic

3.9 1.8WER = 1

CaCO3=100

1.1 0.52WER = 1

CaCO3 = 100

Substantive Issues:

1. Table of Parameters (Toxics): Aquatic Life Protection

e. Copper– Biotic Ligand Model for Aquatic Life

2 options: adopt incrementally or State-wide.  Current monitoring program does not collect

all model parameters. Draft proposal includes “site specific option”,

similar to Water Effects Ratio. Permittee would generate needed data. Without data for all parameters, cont. to

apply hardness-based criteria.

Substantive Issues:

Lead Criteria

Freshwater Saltwater

Acute Chronic Acute Chronic120 94WER = 1

C aCO3 = 100

14 11WER =1

CaCO3= 100

240 230 WER=1

9.3 8.8WER=1

Substantive Issues:1. Table of Parameters (Toxics): Aquatic Life

Protection

f. Lead– Apply conversion factor to express criteria as dissolved

2. Manganese (Mn): current criterion = 50 ug/l

Originated as Safe Drinking Water Act secondary maximum contaminant level for finished water.

Protects drinking water supplies from staining properties.

The Issue:Soils & underlying geology of many VA regions naturally high in Mn and compounds

Substantive Issues:

2. Manganese (cont.)Half the Mn values in DEQ’s historical water

monitoring database higher than 50 ug/l.Mn is an essential nutrient; recommended

daily intake 2,000 to 10,000 micrograms/day.Staff concluded Mn drinking water standard

misapplied as surface water criterion.

Substantive Issues:

3. Ammonia Surface Water Quality Criteria

EPA completed criteria reassessment in 2012.Incorporates toxicity data for FW mussels.New criteria ~50% lower than current

criteria.EPA allows site-specific criteria derivation

where mussels absent.

Substantive Issues:

Ammonia Criteria

4. Bacteria Criteria for Recreational Waters

EPA finalized criteria recommendation Oct. 2012.

Indicator species & allowable geometric mean concentrations unchanged.

New recommendations for Statistical Threshold Value is higher than current “Single Sample Maximum”.

Criterion applied during any 30 day interval.EPA has not issued implementation guidance.

Substantive Issues:

4. Bacteria Criteria (cont.)

All VA surface waters designated for Primary contact recreation.

EPA indicates “any and all data within 30-day period should be used to assess”.

Typical monitoring conducted once/month.Assessment concern: treating a single sample

as Geometric Mean.Staff do not recommend proposing new

criteria at this time.

Substantive Issues:

5. Special Standards

a. Special Standard ‘m’ - Effluent limits in the Chickahominy watershed above Walker’s Dam

Intent was to prevent eutrophication.Applied to all discharges except stormwater.Includes discharges from non-metallic mining operations.Effluent limits under Industrial Discharge General Permit appear

more appropriate for inorganic waste.Staff recommends modifying standard by adding underlined text:

“m. The following effluent limitations apply to wastewater treatment facilities treating an organic nutrient source in the entire Chickahominy watershed above Walker's Dam (this excludes discharges consisting solely of stormwater).”

Substantive Issues:

5. Special Standards (cont.)

b. Special Standards ‘ee’ & ‘ff’ – Max. temp. for winter-only stocked trout waters

Currently – max. temp. applies all year.Raise temperature criteria during summer for

winter-only stockable streams.

Substantive Issues:

6. Other Trout Water Updates

Clarify segment delineations.Consulted with DGIF on these revisions.

Substantive Issues:

7. Reclassify Waters to Class VII (Swamp Waters)

Currently ~ 35 listed in WQS.20 waters proposed: change from Class III (non-

tidal waters) to Class VII (swampwaters).• Low velocity flow, abundant swamp vegetation

and frequent low D.O. and acidic pH.• Class VII recognizes natural water quality of

swamps is different than other waters with lower pH range.

Substantive Issues:

8. Public Water Supply – Lower James Basin

American Tobacco Co.’s old raw water intake in the James R. above City Point (Hopewell).

Intake not in operation for decades; was likely for process water.

VDH could not document a domestic water intake at that location in years prior to 1978.

If use not present on or after CWA then not an “existing use” and may be candidate for deletion.

Substantive Issues:

Issue for Further Consideration:Selenium - Freshwater Aquatic Life Criteria Coal mining interests comment: revise Se

criteria. Submitted criteria recalculation study report. Results identical to similar study for Kentucky. EPA disapproved KY’s acute criterion but

approved chronic. Lawsuit filed against EPA. EPA updating Se criteria, proposal soon to be

distributed for public comment and peer review.

2014 Gen’l Assembly: Selenium study resolution.

Nonpoint Nutrient Offset Banks

14 Nonpoint Source Nutrient Banks Approved to Date 13 agricultural land conversions 1 storm water treatment pond

NOIRA

Published in the Virginia Register on 9/10/12.

Public Comment Period ended on 10/10/12.Comments received were in support of the

regulation development and to request to be on the Regulatory Advisory Panel (RAP).

Requires a public hearing during proposed regulation comment period.

RegulationsPart I - Definitions

Define terms used in the regulation“Registry” updated to correct cite to §62.1-

44.1.19:20 Part II – General Information

Provides the requirements for authority, applicability, prohibitions, appeal, and resources.

Sections 50 and 60 (C & I) were revised to clarify Code of Virginia citations

Regulations (cont.)Part III – Administrative & Technical

CriteriaRequirements for submitting an application

to certify nonpoint source nutrient credits. Sections 90 (A.1 & C.1) and 120 (G) were

revised to clarify Code citations.Part IV – Compliance & Enforcement

Provides inspection authority, recordkeeping and reporting, and enforcement provisions.

Part V – FeesEstablishes a schedule of fees for submittal

of an application for nutrient credit certification.

Regulations (cont.)Part VI – Financial Assurance

Requires the posting of financial assurance for nonpoint source nutrient credits generated by a structural BMP.

Includes requirements for cost estimating and the provisions for the various types of financial assurance mechanisms that may be used.

Public Notification (9VAC25-900-80.C)

Many on the RAP (mostly environmental community) preferred a public comment process.

Statute requires public notification of a proposed nutrient credit-generating entity and does not stipulate a public comment process.

Local Water Quality Compliance (9VAC25-900-90.C.2)

The RAP did not reach consensus on the requirements ensuring compliance with local water quality requirements. Some considered the proposed requirements to be too overreaching while others said the language did not provide enough assurances for the protection of local water quality.

The proposed language provides for a workable methodology for exchanging credits when local water quality requirements are an issue. Statute requires that the regulations shall provide that "the option to acquire nutrient credits for compliance purposes shall not eliminate any requirement to comply with local water quality requirements".

Financial Assurance (Part VI)

Many on the RAP did not agree to the overall concept of requiring financial assurance because it was felt that the financial assurance costs would not make it cost effective for structural BMPs to generate credits.

The statute requires the regulations to "establish requirements to reasonably assure the generation of the credit depending on the nature of the credit-generating activity and use, such as legal instruments for perpetual credits, operation and maintenance requirements, and associated financial assurance requirements”.

VIRGINIA WATER PROTECTION PERMIT PROGRAM

RegulationsNotice of Intended Regulatory Action issued in

May for overarching regulation 9VAC25-210 and four general permit regulations 9VAC25-660, -670, -680, -690 (expiring in August 2016)

Recently concluded the second of four Citizens Advisory (CAG) meetings

Anticipate bring proposed regulation to December State Water Control Board meeting

VIRGINIA WATER PROTECTION PERMIT PROGRAM CONT’D…2

MitigationStaff continues to work to develop a Prospectus

for the Wetland and Stream Replacement Fund established by the VA General Assembly

Public comment period on Prospectus expected within the next month or two

EPA §316(b) Final Rule Cooling Water Intake Structures (CWIS)

•Effective Date: October 14, 2014

•Addresses fish mortality due to impingement at the entrance of CWIS of existing power-generators and manufacturers

•Targeted to apply to facilities with intakes designed to withdraw more than 2 MGD, with at least 25% of water withdrawn used for cooling purposes

•Facilities that withdraw > 125 MGD must also undertake peer-reviewed studies to address fish mortality due to subsequent entrainment within the cooling system

§316(b) Permit Application RequirementsAll applications must include data on the water

source, baseline biological characterizations, operational status, and intended method to comply with the impingement standards;

Compliance alternatives include pre-approved technologies, streamlined designed methods, or demonstration studies showing < 24% mortality

Facilities > 125 MGD must include entrainment characterization, feasibility, cost/benefit, and other environmental impact studies;

For permits that expire prior to July 2018, owners may request alternate schedules to provide the required information.

§316(b) ImplementationVPDES permits issued after July 14, 2018 must

include permit conditions ensuring compliance with the impingement and entrainment mortality standards;

For permits issued after October 14, 2014 and prior to July 14, 2018, DEQ may include conditions for information to be included in the application for the subsequent permit cycle;

At a minimum, permits are to include monitoring, reporting, and record keeping requirements.

Schedules must provide for compliance as soon as practicable.

New Version of eDMR System“Look and Feel” much different.Online entry:

Data entry for one parameter per pageRequired fields highlighted. Immediate validation - exceedances and

errors flagged.XML Upload:

Allows preparer to select and validate XML files.

Allows attachments to be sent.User information exported as Excel file.

eDMR ParticipationIndividual VPDES permits

591 of 931 permits (63%)

Nutrient Watershed GP 58 of 108 permits (50%)

Industrial Storm Water GP 27 of 762 permits (4%)

Tidal James River PCB TMDLTargeted completion fall 2015Current Activities

VIMS Model development on-going

Hydrodynamic portion completed Eutrophication (carbon) model under development PCB Fate & Transport model

To be developed once carbon model finishedDEQ

PCB external loadings under development Point Sources & MS4s Contaminated sites

STORMWATER FUNDINGApproximately $28 million available for 50%

matching grantsApplication deadline is October 24th

Cost effectiveness cap ($/lb TP) will be applied

Grant awards announced in DecemberCall DEQ if you have any questions