Arizona Department of Environmental Quality presentation for WESTCAS

Arizona Department of Environmental Quality presentation for WESTCAS Conference October 24, 2018 ADEQ Regulatory Updates

ADEQ Regulatory Updates § Clean Water Act Section 404 Primacy § Underground Injection Control Primacy § Stormwater General Permit Updates – – Construction General Permit Industrial Stormwater Multi-Sector General Permit § Drinking Water – PFOA and PFOS

Clean Water Act 404 Primacy

What is Clean Water Act § 404 Dredge and Fill? Section 404 of the Clean Water Act (CWA): • Establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands. • Requires a permit before dredged or fill material may be discharged into waters of the United States CAP Tonopah Desert Recharge Project Source: AZTEC TYPSA Group Soldier Wash downstream of Brewer Road Source: Redrocknews. com

CWA Regulation

CWA 404 Assumption Process Statutory Authority Robust Stakeholder Process Rule Process & Program Development Program Approval by EPA

404 Work Groups Permit Process Significant Degradation & Alternatives Analysis & Minimization Fees Compensatory Mitigation Endangered Species Act Cultural Resources Jurisdictional Determinations

Next Steps: Proposed Process and Timeline Initial Stakeholder Meetings & Workgroups Assumption Roadmap Document Draft High Level Program and Rule Components Jun. 2018 -Nov. 2018 -Feb. 2019 Jan. 2019 -Feb. 2019 Rule Draft Development Formal Rule Process; MOA Development; Program Description Submit Feb. 2019 -Aug. 2019 -Apr. 2020 May/June 2020

Arizona Primacy Underground Injection Control (UIC)

UIC Overview (Groundwater) The UIC program: • Regulates injection wells used to place fluids underground for storage or disposal • Part of the Safe Drinking Water Act (SDWA).

Similar Missions APP • All aquifers are classified as a source of drinking water protected use, unless reclassified UIC • Mandate to protect underground sources of drinking water (USDWs)

What will Happen? Injection Well Type Before AZ UIC Primacy (now) After AZ UIC Primacy UIC Class I, III, VI Wells UIC permit from EPA AND APP from ADEQ UIC permit from ADEQ UIC Class V Wells (APP) APP from ADEQ and permit by rule under EPA UIC APP from ADEQ that meets UIC requirements UIC Class V Wells (no APP) Permit by rule under EPA UIC Permit by rule under ADEQ UIC

Projected Timeline Initial Stakeholder Meetings • Summer 2018 Send High Level Program and Rule Components • Fall 2018 Stakeholder Meetings on Preliminary Draft Rule • Spring 2019 Formal Rule Process (Public Hearing, GRRC) • Winter 2019 Submit to EPA • Spring 2020

AZPDES Stormwater General Permit Updates

What’s New with AZPDES Industrial Stormwater Permit (MSGP) Estimated Issuance Early 2019 Construction General Permit (CGP) Estimated Issuance Early 2019 Exploring No Discharge Certification Option in my. DEQ

Perfluorooctanoic Acid (PFOA) Perfluorooctane Sulfonate (PFOS)

PFOA and PFOS Scope and Sampling Results

Stakeholder Meetings and Announcements § To subscribe to ADEQ announcements via Gov. Delivery, click “subscribe” on bottom right of the ADEQ home page

Questions Contact: Andy Koester 602 -771 -4689 ak 5@azdeq. gov