Water Permitting Update

1. Water Permitting Update Yvonne Baker, LDEQ Environmental Scientist Senior LA Conference on Water, Sewerage, and Industrial Wastes, Inc. March 15, 2012

2. Topics • 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)

3. Sewage Sludge and Biosolids

4. BIOSOLIDS/SEWAGE SLUDGE • 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

5. 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.

6. 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.

7. 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.

8. 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.

9. Regulations for Transporters of Sewage Sludge LAC 33:IX.7301.F

10. Sewage Sludge Transporter Registration Registration – Registration Form (Form 7159) obtained from the Office of Environmental Services or through the department’s website. ALL the information required by the form shall be provided. The registration period - July 1st to June 30th. All registrations shall expire on June 30th of each year. To continue the operation of transporting sewage sludge - Apply for re-registration to the Office of Environmental Services by May 1st of each year. The fee for registration shall be an annual fee of $100.

11. Sewage Sludge Transporter Registration g.The Office of Environmental Services shall be notified priorto any modification to the information submitted for registration, including, but not limited to, the following: The removal and/or addition of information about the facility to which the sewage sludge is being transported. The removal and/or addition of a vehicle that will be utilized for the transporting of sewage sludge.

12. Sewage Sludge Transporter Registration • 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. • 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: • The date the transported material was obtained, pumped, or removed; • The origin or source of the material; • The volume of material removed (generated) from each site, • The transfer and/or disposal site; and, • The amount of material that was transported or disposed.

13. Standards Applicable to Vehicles Used to Transport Sewage Sludge When transporting sewage sludge, the bodies of vehicles must be covered at all times to prevent: rain from reaching the sewage sludge; inhibits access by disease vectors; prevents the sewage sludge from falling or blowing from the vehicle; and, 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.

14. 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: prevent accumulation of sewage sludge; and, 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.

15. 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.

16. Record Keeping for Transporters of Sewage Sludge The date the transported material was obtained, pumped, or removed; The origin or source of the material; The volume of material removed (generated) from each site, The transfer and/or disposal site; and, The amount of material that was transported or disposed.

17. 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.

18. Contact Information Eura DeHart, Jr., LDEQ Environmental Scientist Staff 225.219.3213 eura.dehart@la.gov

19. Water Quality Standards and Assessments

20. 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

21. 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

22. 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

23. 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

24. 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.)

25. 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)

26. 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

27. 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

28. 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)

29. 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.

30. Water Quality Assessments

31. 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

32. Contact Information Stephanie Braden, LDEQ Environmental Scientist Manager Steph.braden@la.gov 225.219.3187 Kristine Pintado, LDEQ Environmental Scientist Senior Kris.pintado@la.gov 225.219.3188 Albert Hindrichs, LDEQ Environmental Scientist Staff Al.hindrichs@la.gov 225.219.3212

33. Total Maximum Daily Loads (TMDLs)

34. 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.

35. TMDL Defined TMDLs: 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

36. 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.

37. 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

38. 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)

39. 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

40. Number of TMDLs Developed by Parameter or Category* *1999-2012

41. 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

42. 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

43. 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

44. 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/

45. CONTACT INFORMATION TMDL contact– Chuck Berger, DCL Senior: 225.219.3366 chuck.berger@la.gov Water Quality Section Stephanie Braden, Manager: 225.219.3187 steph.braden@la.gov Wastershed Survey Group – David Greenwood, Manager : 225.219.3654 david.greenwood@la.gov

46. EPA’s Vessel General Permit

47. 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

48. Vessel General Permit • The current VGP expires on December 19, 2013 • 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 • Pursuant to CWA § 401, 28 States, Tribes, and Territories provided additional permit conditions

49. 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

50. 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.