Request for Approval Statewide Mercury TMDL Wastewater Permitting

Request for Approval: Statewide Mercury TMDL & Wastewater Permitting Strategy Kathy Stecker, Division of Water Quality

Outline Overview History and context TMDL purpose and results Permitting strategy Decision chart Comments received Responses to comments Recommendation

Overview Statewide mercury TMDL 2002 = baseline year 67% reduction in total mercury loading needed PWastewater sources have met reduction PNC air sources expected to meet by 2016 Wastewater Permitting Strategy Today, 99% of facilities comply

History and Context Atmospheric deposition believed to be largest mercury source Best approach regional or national Would have required EPA initiation Other states with statewide mercury TMDLs so far MN, ME, NH*, VT, MA, RI, CT, NY, NJ FL, MI -- in draft, to be completed in 2012 AL, MO -- in progress Ø Only NH had listed all waters as impaired

History and Context Long history monitoring mercury in fish tissue Clean Smokestacks Act 2002, SL 2002 -4 DAQ mercury emissions reports • 2003, 2004, 2005 15 A NCAC 02 D Section. 2500 - 2007 Reports to EMC • 2008, 2012, 2018, 2023 Clean Water Act § 319(g) conference 2010 NC statewide mercury TMDL 2012

NC Statewide Mercury TMDL Atmospheric deposition = 98%, wastewater = 2% In-state air ≈ 16%, out-of-state air ≈ 84% Provides baseline to document reductions Informs further action Consistent with 15 A NCAC 02 D. 2509(b)(3) “mercury balance for North Carolina, including imported, exported, & in-state mercury emissions & the fate & transport of mercury in the air & waters of the State”

NC Statewide Mercury TMDL 67% reduction in total mercury loading needed Do our part 67% NC reduction ≈ 12% reduction overall loading to NC Expect to achieve by 2016 Allows reasonable approach to NPDES permitting TMDL = 81 lbs/yr wastewater + 3948 lbs/yr air

Wastewater Permitting Strategy Mercury in NC wastewater reduced significantly since baseline Today, 99% of facilities comply TMDL, permitting strategy ensure mercury contributions from wastewater remain low

Wastewater Permitting Strategy Components • • • Monitoring “Reasonable potential” analysis Water quality-based limits (annual) Mercury minimization plans Technology-based maximum – 47 ng/l Stay below 81 lbs/yr statewide

Current Status Approved 303(d) list applies All waters impaired for mercury in fish tissue TMDL required Permits issued with 12 ng/l limits or backlogged EPA has objected to permits otherwise Atmospheric deposition not yet documented

Approved TMDL? YES • Implement permitting strategy • 99% of all facilities comply • New & expanded allowed • Does not preclude AM* revision 2 months NO • Cannot implement permitting strategy • No new facilities or expansions, AND 1. End of pipe max = 12 ng/l, no dilution, OR 2. Backlog all permits that need Hg limits, OR 3. EPA objects to permits Review *Assessment Methodology • Revise as needed by January odd-numbered years: 2 -year cycle 2 -3 years minimum immediately & ongoing

Approved TMDL? NO • Cannot implement permitting strategy • No new facilities or expansions, AND 1. End of pipe max = 12 ng/l, no dilution, OR 2. Backlog all permits that need Hg limits, OR 3. EPA objects to permits Review *Assessment Methodology • Revise as needed by January odd-numbered years: 2 -year cycle 2 -3 years minimum immediately & ongoing

Approved TMDL? YES • Implement permitting strategy • 99% of all facilities comply • New & expanded allowed • Does not preclude AM* revision 2 months Review *Assessment Methodology • Revise as needed by January odd-numbered years: 2 -year cycle 2 -3 years minimum

Comments on TMDL & Strategy Public comment period April 27 -June 18, 2012 Total number of individuals & organizations = 1700 Organizations Catawba Riverkeeper Duke Energy League of Municipalities NC Conservation Network Progress Energy US Dept. of Defense Utility Water Act Group Town of Valdese Water Quality Association Waterkeepers Carolina

Support: TMDL & Strategy Applaud Department for addressing mercury Approve of mercury source and trends analysis Support use of mercury minimization plans Support not including stormwater in strategy Commend decision to prepare TMDL for mercury

Concerns: TMDL & Strategy Target and fish species too conservative Don’t use “Level Currently Achieved” Encourage EMC to approve, but 67% reduction is not enough Study hotspots Follow up w/site-specific TMDLs TMDL should address stormwater discharges Progress Energy Asheville

Suggestions: TMDL & Strategy Incorporate adaptive implementation Allow adjustment of permit limits where WQS met Wastewater should be allocated 100% of baseline Change/don’t change assessment methodology Use “ 5 m” approach

303(d) List Subcategory 5 m Mercury predominantly from atmospheric sources Defer development of mercury TMDL Mercury reduction program Demonstrate continuing progress reducing mercury Does not provide flexibility in permitting Does not remove obligation to develop TMDL No state has used subcategory 5 m to date

Response to Comments Revisions for clarity Sources Margin of safety Annual load v. daily load Adaptive implementation Site-specific TMDLs Stormwater Level Currently Achieved

“NPS Reduction Options” Comment period ongoing Options offered Clean Water Act Section 319(g) petition Encourage national & international action Trading, mitigation, etc. Other suggestions welcomed

Acknowledgements Jing Lin, DWQ TMDL Laura Boothe, DAQ Modeling, NPS Reduction Options Jeff Poupart, DWQ Wastewater Permitting Strategy

Recommendation TMDL: quantifies air, water, out-of-state mercury Provides baseline for measuring progress Quantifies NC’s reduction goal Statewide aggregate load for wastewater Wastewater Permitting Strategy Reasonable approach to permitting “Lock in” reductions already achieved Recommend Approval of Mercury TMDL & Wastewater Permitting Strategy