KDHE Division of Environment

1. KDHE Division of Environment Water Quality Standards & TMDL Program Updates August 8, 2018

2. Division of Environment • Presentation Objectives • Water Quality Standards: Ammonia Variance • Discuss the history of ammonia (NH3) criteria in Kansas • Present KDHE’s approach toward implementing the 2013 NH3 criteria • Define Water Quality Standard (WQS) Variances • Discuss the steps required for a facility to secure a WQS variance for NH3 • Examine how alternate criteria are incorporated into NPDES permits • Total Maximum Daily Load (TMDL): Total Phosphorus TMDLs • Discuss the Kansas Nutrient Reduction Strategy • Deliver a TMDL development update • Examine the assignment of TP wasteload allocations in the TMDL • Discuss how TP wasteload allocations are rolled into NPDES permits • Review TP goals, limits, and schedules of compliance Protect and improve the health and environment of all Kansans

3. Division of Environment • The History of Ammonia (NH3) Criteria for Surface Waters in Kansas • 1987: KDHE adopts the 1984 Recommended NH3 Criteria • The ‘original’ ammonia water quality standard • 2001: KDHE adopts the 1999 Recommended NH3 Criteria • Took into account pH and the early life stages of aquatic life • 2017: KDHE adopts the 2013 Recommended NH3 Criteria • Drops 1999 chronic criteria by about 54% • Analysis shows most modern mechanical plants can meet • Lagoons cannot meet criteria year round • 2017: KDHE adopts Variance Authorizing Provisions • 2018: KDHE receives EPA approval to implement the revised NH3 Criteria and issue variances to water quality standards in certain instances Protect and improve the health and environment of all Kansans

4. Division of Environment • New Ammonia Criteria and Small Municipal Lagoon Systems in Kansas • There are around 320 small municipal lagoon systems in the state with a median population of about 500 • A population of 500 equates to about 200 ratepayers • Well-designed and operated lagoons provide very good treatment the majority of the year • Discharge from lagoon facilities in Kansas represents about 5.5% of the total NPDES flow in Kansas • Population projections show diminishing populations in the majority of the counties where these small lagoon systems are located • However, because NH3 concentration in effluent from lagoon systems is strongly tied to climate (primarily temperature), they cannot be expected to meet water quality based ammonia permit limits based on the new criteria under all climatic conditions so KDHE has established a Multi-Discharger Variance (MDV) for Ammonia Protect and improve the health and environment of all Kansans

5. Division of Environment • Lagoon Systems in Kansas Protect and improve the health and environment of all Kansans

6. Division of Environment • What do we mean by a ‘Variance’ from Water Quality Standards (WQS)? • A WQS Variance is a time-limited designated use and corresponding criterion targeted to a specific pollutant, pollutant source and/or waterbody • Allows the state to apply a less stringent criterion while reflecting the highest attainable water quality condition (HAC) • Should be viewed as a tool that provides time to implement adaptive management approaches for improving water quality while retaining the WQS as the long-term goal • WQS variances can apply to individual dischargers, groups of dischargers, and entire water bodies or segments thereof Protect and improve the health and environment of all Kansans

7. Division of Environment • Approval of a WQS Variance requires demonstration that the WQS is not feasible because 1 of 7 factors are preventing attainment • Naturally occurring pollutant concentrations • Natural, ephemeral, intermittent or low flow conditions or water levels • Human caused conditions or sources of pollution prevent the attainment of the and cannot be remedied or would cause more environmental damage to correct than leave in place • Dams, diversion or other types of hydrologic modifications • Physical conditions related to the natural water features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of the aquatic life uses • Controls more stringent than those required by sections 301(b) and 306 of the Clean Water Act would result in substantial and widespread economic and social impact • Actions necessary to facilitate lake, wetland or stream restoration through dam removal or other significant reconfiguration activities preclude attainment of the designated use and criterion while the actions are being implemented Protect and improve the health and environment of all Kansans

8. Division of Environment • WQS Variances: Other Considerations • Technology-based controls are insufficient to meet the WQS • i.e., lagoon system can not be optimized to meet the WQS at issue in the variance • Ensure there is no jeopardy to threatened or endangered species • Ensure there is no unreasonable risk to human health • Ensure the highest attainable condition (HAC) is applicable throughout the term of the variance and does not result in lowering currently attained ambient water quality Protect and improve the health and environment of all Kansans

9. Division of Environment • Eligibility for the Kansas Ammonia Multi-Discharger Variance • Application for NPDES permit must include a request for a variance from the 2013 ammonia criteria • Historical discharge monitoring report (DMR) data from the permittee is evaluated to determine if a system can potentially meet the 2013 NH3 criteria • If it appears their current system can not, then an economic study is done to determine if the community can afford an investment that will result in meeting the 2013 NH3 criteria • Upgrading to a mechanical biological nutrient removal (BNR) process is the established technology for reducing NH3 in effluent • Scientific and economic assessments can be conducted by the requesting authority Protect and improve the health and environment of all Kansans

10. Division of Environment Small Flows Biological Nutrient Removal Activated Sludge Cost Curve Protect and improve the health and environment of all Kansans

11. Division of Environment • Economic Eligibility Determination • Municipal Primary Screener: calculate the percent of mean household income (MHI) customers would be paying to fund a new mechanical plant • If municipal primary screener is > 4.0%, the system is eligible for the variance and a highest attainable condition (HAC) criterion for ammonia is calculated for the NPDES permit limit • If municipal primary screener is < 4.0%, a second, more detailed screen is performed using secondary indicators of a municipality’s economic health • Secondary indicators include: • Bond rating • Debt • Unemployment • Property tax collection rate & property tax revenue as a percentage of market value • Relationship of MHI of the community to the MHI of the state Protect and improve the health and environment of all Kansans

12. Division of Environment • So what happens once the city proves it cannot afford to upgrade to a system that would meet the 2013 NH3 criteria? • An alternate effluent limit for NH3is developed for the NPDES permit as the highest attainable condition (HAC) criterion • The value most frequently applied as the HAC criterion for an NH3 variance is the 99th percentile of the DMR data on file • If there is not enough data to establish a robust HAC criterion, a system may only be required to monitor for NH3for the permit cycle • Quarterly monitoring of effluent for NH3, when discharging, is usually the monitoring frequency required by the NPDES permit • A Pollutant Minimization Plan (PMP) is required of systems receiving a WQS variance Protect and improve the health and environment of all Kansans

13. Division of Environment • Requirements of a Small Lagoon Facility Pollutant Minimization Plans (PMP) • Retain a certified operator as required by regulations • Provide reasonable and adequate maintenance • Maintain operation and performance of the existing lagoon system to comply with secondary treatment limits • Disallow industrial strength wastewater containing high concentrations of nitrogen • Monitor the depth of accumulated sludge • Plan for expansion of the lagoon system should population and its associated pollutant loading approach the rated design capacity of the existing lagoon system. Protect and improve the health and environment of all Kansans

14. Division of Environment • WQS Variance in NPDES Permits • A permitee’s variance will be reevaluated every 5 years • Public notice of the variance is rolled into the Public Notice posted in the Kansas Register Protect and improve the health and environment of all Kansans

15. Division of Environment • Current Status of the Ammonia Multi-Discharger Variance in Kansas • 22 facilities have been approved to receive the variance • 10 facilities have finalized permits • KDHE is posting recipients of ammonia variances once the permit is finalized: • http://www.kdheks.gov/tmdl/WQSV.htm Protect and improve the health and environment of all Kansans

16. Division of Environment • Total Maximum Daily Load (TMDL) • Program Update Protect and improve the health and environment of all Kansans

17. Division of Environment • Kansas Nutrient Reduction Strategy • Emphasis on reduction rather than establishing numeric criteria for total phosphorus or total nitrogen • Phosphorus was chosen as the key nutrient to control • Point Source reductions via updated treatment technologies/operations • Non-Point Source reductions via targeted application of best management practices (BMPs) and collaboration with Watershed Restoration and Protection Strategy (WRAPS) groups Protect and improve the health and environment of all Kansans

18. Division of Environment • Kansas TMDL Vision • Between 2014 – 2022, key on streams impaired for phosphorus in 16 priority HUC 8s • Streams are listed as impaired for phosphorus when the long term median TP > 0.201 mg/L • Phosphorus listings have tended to be associated with: • High density of agricultural practices in the watershed • High density of urban area in the watershed • Presence of a major discharger in the watershed Protect and improve the health and environment of all Kansans

19. Division of Environment 2012-Present Status of Total Phosphorus TMDLs Approved • Big Creek – Hays • Prairie Dog Creek – Colby • Sand Creek – Newton • Turkey Creek – Mc Pherson • Walnut River – El Dorado • Whitewater River – Augusta • Fourmile Creek – Wichita, Andover • Neosho River Headwaters – Emporia • Labette Creek – Parsons • Shoal/Short Creek – Joplin • Cow Creek – Pittsburg • Kansas River – Junction City, Manhattan, Topeka, Lawrence, Johnson County, Olathe Awaiting Approval – Lower Arkansas Basin • Arkansas River – Hutchinson, Wichita, Derby, Arkansas City Documents in Process – Smoky Hill Basin • Smoky Hill River – Abilene, Salina, Junction City Southwest • Mud Creek, Sharps Creek, Mulberry Creek, Saline River – Nonpoint TMDLs Protect and improve the health and environment of all Kansans

20. Division of Environment TMDL Wasteload Allocations – Always in Section 4 of the TMDL Protect and improve the health and environment of all Kansans

21. Division of Environment Total Phosphorus TMDLs = Phased TMDLs = Adaptive Management TMDLs • Because there is no numeric criterion, each TMDL is Phased with a series of declining TP milestones established as in stream concentration targets • Adaptive Management involves a sequence of point source reduction, non-point source best management practices, & biological monitoring followed by another iteration of reduction as needed • Once TP concentrations in the river approach a milestone, stream biology sampling will occur • If biology does not respond to the Phase I reduction, Phase II will begin with further reductions in loading • Biological assessments are the key to identifying the water as restored, i.e., delisting • Achievement of TMDL may result in site specific total phosphorus criterion • 000 Protect and improve the health and environment of all Kansans

22. Division of Environment Reflecting Total Phosphorus TMDL Wasteload Allocations in NPDES Permits • TP goals are introduced in the first permit after TMDL approval • Concentration • Pounds/Year as rolling annual average • It is expected that mass goals will be met by the end of the first permit cycle where wasteload allocation was introduced • Permit can include a schedule of compliance to insure adequate progress toward meeting the TP goals • TP mass limits are established in second permit after TMDL approval Protect and improve the health and environment of all Kansans

23. Division of Environment Thank You/Questions Protect and improve the health and environment of all Kansans