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Environmental Quality Commission Annual Meeting June 5, 2013 Selenium WQS

Environmental Quality Commission Annual Meeting June 5, 2013 Selenium WQS. Clark Dorman, Manager Water Quality Branch KY Division of Water Ph. 502-564-3410 clark.dorman@ky.gov. Some Quick Clean Water Act Basics. Where does Clean Water Act enforcement Begin?.

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Environmental Quality Commission Annual Meeting June 5, 2013 Selenium WQS

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  1. Environmental Quality Commission Annual MeetingJune 5, 2013Selenium WQS Clark Dorman, Manager Water Quality Branch KY Division of Water Ph. 502-564-3410 clark.dorman@ky.gov

  2. Some Quick Clean Water Act Basics

  3. Where does Clean Water Act enforcement Begin?

  4. Jurisdictional Waterbody, Waters of the US, Navigable Water, Waters of the Commonwealth(ephemeral, intermittent, perennial, wetlands) US Army Corps of Engineers

  5. 401 KAR10:001, Section 1 • (80) "Surface waters" means those waters having well-defined banks and beds, either constantly or intermittently flowing; lakes and impounded waters; marshes and wetlands; and any subterranean waters flowing in well-defined channels and having a demonstrable hydrologic connection with the surface. Lagoons used for waste treatment and effluent ditches that are situated on property owned, leased, or under valid easement by a permitted discharger are not considered to be surface waters of the commonwealth.

  6. Kentucky Water Quality Standards (Criteria) Regulations • 401 KAR 10:001 – Definitions • 401 KAR 10:026 – Designated uses of surface waters • 401 KAR 10:029 – Antidegradation Policy and general provisions (mixing zones, variance, etc) • 401 KAR 10:030 – Antidegradation procedures • 401 KAR 10:031 – Surface water standards

  7. Antidegradation: Protect existing uses, high quality, OSRWs, ONRWs

  8. Designated Uses 401KAR10:026 • Aquatic Life (WAH, CAH) • Primary Contact Recreation • Secondary Contact Recreation • Domestic Water Supply • OSRW • Fish Consumption (implied in 10:031) • All waters not stipulated with designated uses in 401KAR10:026 default to High Quality waters (PCR, SCR, WAH, DWS)

  9. Triennial Review Process • CWA, Sec 303(c), 40CFR130.5(b)(6) requires periodic examination and update of state’s water quality standards • Stakeholder process crucial • Public Hearing required • Legislature must approve any changes to standards • EPA must approve any changes to standards • Last KY Triennial Review: 2008

  10. KY Triennial Review 2012 Triennial Review of WQS • 14 Exceptional Waters (10:030) • 26 OSRWs Designated Uses(10:026) • 401 KAR10:031 • New criterion: acrolein (building block for industrial chemical products) and phenol (building block for petroleum products) • Sec. 1(nutrients narrative in combination with 401KAR10:001- Definition of eutrophication) • Sec 9 (Ohio River-D.O.) • Selenium (Se):Acute Criterion withdrawn State Specific Criteria

  11. Se • A necessary element for most organisms • A component of multi-vitamins • Naturally occurring in KY geology, but found in higher concentrations in parts of eastern KY and West Virginia coal fields • Transported via water run-off of exposed geology (coal fields, transportation projects, major construction sites)

  12. Purpose of Se Criteria • Provides assurance that aquatic life and habitat is protected with regard to potential acute and chronic toxicity effects • Protect the Designated Use of a waterbody

  13. Existing Se Criteria • 20 micrograms/liter acute; • 5 micrograms/liter chronic • Current criteria based on an equation that accounts for percent fraction of selenate and selenite in the water column • Criteria adopted in 1990 from EPA National Recommended Water Quality Criteria • Criteria developed from a single study (Belews Lake, NC) • US Court of Appeals vacated (1996) national acute criteria for lack of sound science and technical merit. ORSANCO as well as several states have or are in the course of vacating

  14. Why change Se criteria? • 20 years of scientific studies have demonstrated differential acute water quality toxicity levels for selenate and selenite (chemical species of Se) • This science has demonstrated that chronic water quality concerns are more appropriately expressed as fish tissue criteria • Differences in toxicity between selenate and selenite • Toxicity to aquatic life is a result of dietary uptake (not water column) • Sulfate modifies potential acute toxicity effects of slenate

  15. Complex and confounding relationships between varying hydrologic conditions • Differential toxicity of selenium species

  16. In September, 2012, KY initially proposed to delete the acute criteria all together. • Response to comments during the Triennial Review prompted the Cabinet to revise the acute criteria

  17. Proposed Se Criteria • Acute: 258 μg/l (current EPA recommended criterion), with sulfate modifier equation for selenate • Chronic: 5 μg/l. If wastewater discharge levels exceed 5 μg/l, whole body fish tissue (8.6 μg /g) or egg/ovary tissue (19.3 μg /g) analysis will be required. • These criteria are designed to protect stream designated uses and instream aquatic life before a problem occurs.

  18. Proposed Se Criteria • Only the second KY state specific criteria developed (Chloride in the 80’s) • The Cabinet utilized 20 yrs and 80 studies of scientific research • The cabinet coordinated and conferred with EPA (headquarters and Region IV) • The cabinet coordinated and conferred with US Fish and Wildlife • The cabinet coordinated and conferred with multiple resources in the scientific community

  19. For a fascinating late night read, you can download or request: Update to Kentucky Water Quality Standards for Protection of Aquatic Life: Acute Selenium Criterion and Tissue-Based Selenium Chronic Criteria Randall G. Payne, EnvironmentalScientist KY Division of Water Department for Environmental Protection Kentucky Cabinet for Energy and Environment http://water.ky.gov/waterquality/Pages/WaterQualityStandards.aspx

  20. Common Questions

  21. What if there are no fish? • We have a problem • The default 5 μg/l becomes the compliance criteria.

  22. Why were fish like fathead minnow, bluegill, and catfish used in scientific studies as opposed to dace, darters, and shiners? • Very similar to the methods employed for human toxicology studies, surrogates such as white rats and monkeys are used in place of humans. These fish species are surrogates and representative of the species that exist in these streams.

  23. What about multiple dischargers in the same watershed? • Potential dischargers to OSRWs, Exceptional Waters, and Impaired waters are required to have an individual KPDES permit. Entities with individual KPDES permits are now required to perform in-stream pre-monitoring of at least one year to determine baseline conditions.

  24. Did the Cabinet adhere to appropriate administrative process? • The Cabinet adhered to Kentucky Revised Statute 13A requirements • The Cabinet adhered to federal 40 CFR Part 25.10(b) procedural requirements • The Cabinet provided public notice and opportunity for input through multiple venues

  25. What Happens Next? • KY Legislature has accepted the changes to regulation • The proposed regulation package has been sent to EPA for a 60 to 90 day review period. • EPA will make a final determination

  26. Additional Questions ?

  27. K-DOW!!!Additional News • Floyds Fork Bacteria TMDL PN this summer • Floyds Fork Nutrient TMDL: model and destiny in KY’s hands • Waste Water Lab Certification Program is getting underway this summer • Update on One-Step Removal Process coming this summer • Integrated Report (303d List) will be out this summer • KDOW will be upgrading its website especially in relation to Integrated Reporting, TMDL development, public involvement • General Industrial SW Permit this summer

  28. How can EQC assist KDOW?Riparian Buffers and Wetlands Promotion • Are the best tools to address NPS runoff • Provide improvements to water quality via temperature control, habitat (aquatic and terrestrial), stream bank stabilization, pollutant filtration • Assist with climate change mitigation • Air pollutant uptake • Noise Control • Dust Control • Stormwater management • Flood control

  29. Clark Dorman, Manager Water Quality Branch KY Division of Water Ph. 502-564-3410 clark.dorman@ky.gov

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