Water Division Update Melanie D Davenport September 2014

Water Division Update Melanie D. Davenport September 2014

OVERVIEW �Recent Regulatory Actions �Construction Stormwater General Permit �Industrial Stormwater General Permit �Groundwater Withdrawal Regulations �Water Reclamation and Reuse Regulation �Biosolids Regulation �Pending Regulatory Actions � Triennial Review of Water Quality Standards � Nutrient Trading Regulation � Upcoming Regulatory Actions � Virginia Water Protection Program

OVERVIEW CONT’D…. . 2 �Other Items �EPA § 316(b) Final Rule �e. DMR update �James River PCB TMDL �Stormwater Local Assistance Fund

Construction Stormwater VPDES General Permit �New GP effective July 1, 2014 � 4000+ reissuance registration statements received � 2400+ processed to date �May take until end of 2014 to process all reissuance registrations. � 82 new issuance registration statements received and processed since July 1, 2014.

2014 Stormwater Legislation �July 1, 2014 requirement for VSMP implementation by MS 4 localities. �Non-MS 4 localities can choose to “opt in” this year or in future years. If they opt out, DEQ administers the program for them. �New MS 4 s 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.

9 VAC 25 -880 : 2014 CGP Reissuance �Local & 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

9 VAC 25 -880 : 2014 CGP Issuance �Local & Private Construction Activities �Locality is VSMP Authority �Prepare SWPPP � 2014 Registration Statement & Permit Fee Form �ESC Plan, SWM Plan & Registration Statement reviewed by locality �$209 to $6, 912 (due to locality) �$81 to $2, 688 (due to DEQ)

9 VAC 25 -880 : 2014 CGP Issuance �Stormwater Pollution Prevention Plan (SWPPP) Requirements �Approved ESC Plan �Approved SWM Plan (LTM Agreement) � New Water Quality Requirements Virginia Runoff Reduction Method Virginia Stormwater BMP Clearinghouse � New 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. � 12

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, 2014 �Expands 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 applicants � 100% of known withdrawals submitted within required time frame. �Recently posted jobs for three additional groundwater permit writers �Rolled out new model – VAH 4 DRO-GW for technical evaluation of proposed and actual withdrawal �Working with VDH re: Waterworks Regulations for better consistency �Definitions �Forms

Water Reclamation and Reuse Regulation (9 VAC 25 -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 (9 VAC 25 -740) �Amendments include: �Variance provision can allow design, construction, O&M deviations �Temporary 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

Biosolids VPA, VPDES, Fee Regulations �Regulatory process begun in 2008 �Amendments effective September 1, 2013 �Includes (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 application �On-site storage up to 45 days at approved land application sites �Routine storage must be covered (does not include storage at WWTP) �New storage requirements effective 9/1/2014 �VDH permits expired on 9/1/2014 if VPA applications not complete

Triennial Review 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 of VA Water Quality Standards: �NOIRA comment - Aug. 12 to Oct. 11 �Regulatory Advisory Panel formed �RAP met 3 times – Nov. 2013 to Jan. 2014 �Staff input, public comment, and RAP identified needed amendments

Reasons for Proposed Changes: �Update criteria based on new EPA guidance �Update waterbody class/use designations �Miscellaneous clarifications and updates �Revisions based on issues raised by agency programs

Substantive Issues: 1. Table of Parameters (Toxics): Criteria updates based on recent EPA recommendations a. Human Health Criteria Parameters: �Updates to 8 compounds �New toxicity information – recalculations based on new reference dose or oral slope factor �Possible economic impact on permittees if present in effluent

Human Health Criteria Updates Chemical Carbon Tetrachloride Cyanide, free Hexachloroethane Methylene Chloride Nitrobenzene Pentachlorophenol Tetrachloroethylene Trichloroethylene Old Criteria (µg/L) Public Water Supply 2. 3 140 14 46 17 2. 7 6. 9 25 Updated Criteria (µg/L) Public Water Supply 4. 3 4. 2 5. 0 170 68 0. 80 130 7. 0 Old Criteria (µg/L) All Non-PWS Waters 16 16, 000 33 5, 900 690 30 33 300 Updated Criteria (µg/L) All Non-PWS Waters 30 480 12 22, 000 2, 800 9. 1 620 82

Substantive Issues: 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. 8 WER = 1 Ca. CO 3=100 1. 1 0. 52 WER = 1 Ca. CO 3 = 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: 1. Table of Parameters (Toxics): Aquatic Life Protection f. Lead– Apply conversion factor to express criteria as dissolved Lead Criteria Freshwater Acute 120 94 WER = 1 C a. CO 3 = 100 Chronic 14 11 WER =1 Ca. CO 3= 100 Saltwater Acute 240 230 WER=1 Chronic 9. 3 8. 8 WER=1

Substantive Issues: 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.

Ammonia Criteria

Substantive Issues: 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 winteronly 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 (nontidal waters) to Class VII (swampwaters). • Low velocity flow, abundant swamp vegetation and frequent low D. O. and acidic p. H. • Class VII recognizes natural water quality of swamps is different than other waters with lower p. H 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.

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.

Regulations �Part I - Definitions �Define terms used in the regulation �“Registry” updated to correct cite to § 62. 144. 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 Criteria �Requirements 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 – Fees �Establishes 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 (9 VAC 25 -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 (9 VAC 25 -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 �Regulations �Notice of Intended Regulatory Action issued in May for overarching regulation 9 VAC 25 -210 and four general permit regulations 9 VAC 25 -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 �Mitigation �Staff continues to work to develop a Prospectus for the Wetland 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 Requirements �All 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) Implementation �VPDES 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 e. DMR System �“Look and Feel” much different. �Online entry: �Data entry for one parameter page �Required 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.

e. DMR Participation �Individual 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 TMDL �Targeted completion fall 2015 �Current Activities �VIMS � Model development on-going � Hydrodynamic portion completed � Eutrophication (carbon) model under development � PCB Fate & Transport model Ø To be developed once carbon model finished �DEQ � PCB external loadings under development � Point Sources & MS 4 s � Contaminated sites

STORMWATER FUNDING �Approximately $28 million available for 50% matching grants �Application deadline is October 24 th �Cost effectiveness cap ($/lb TP) will be applied �Grant awards announced in December �Call DEQ if you have any questions