ACEC Indiana Environmental Business Conference

1. ACEC IndianaEnvironmental Business Conference Bruno Pigott Assistant Commissioner Office of Water Quality Indiana Department of Environmental Management

2. Agenda • OWQ Past Accomplishments • OWQ Current Issues • Nutrients • CSO Program • General Permits • Electronic Reporting • 316a Guidance • New EPA Steam Electric ELG • Revised Total Coliform Rule

3. Best in NPDES Permitting

4. Permits--Percent of Statutory Days

5. Indiana Combined Sewer Overflow Status

6. Phosphorus Rulemaking • EPA requirement. • IDEM held stakeholder meetings in 2012. • 2013 IDEM has held internal meetings to discuss: • How the standard would affect IDEM assessment and listing methodology • Applicability of the standard • Implementation

7. Combined Sewer Program Focus • Transitioning from review and approval of plans to compliance review. • Challenge: How to determine whether a fully implemented plan meets the level of control. • New CSO DMRs. • IDEM staff are happy to work with communities.

8. General Permit Update • EPA told IDEM to change General Permit issuance. • Currently: Rules establish General Permits. • Future: General Permits will be issued by IDEM. • IDEM is drafting five General Permits: • Hydrostatic Testing Water • Sand and Gravel • Noncontact Cooling Water • Petroleum Products Terminals • Ground Water Petroleum Remediation Systems

9. General Permit Update • Status: • Permits have been drafted. • IDEM has attempted to simplify the structure of these permits. • Permits have been sent to EPA for review • IDEM will meet with stakeholders to discuss template and permits.

10. NPDES Electronic Reporting Rule • Requirements • Permit holders to submit the following electronically: • DMRs • General Permit NOIs, NOTs, No Exposure Exclusions • SSO or bypass events • Pretreatment Reports • CAFO Annual Reports • Annual Reports from biosolid generators • MS4 Annual Reports

11. NPDES Electronic Reporting Rule • Time Frames • One year from effective date: • 90% of DMRs • 90% of General Permit NOIs • Two years from the effective date: • 90% of all other reports

12. NPDES Electronic Reporting Rule • States’ Activity • 24 States have a working version of electronic DMR. • 10 States have a system planned. • 8 States have plans for an electronic NOI • Ohio claims 99% electronic reporting rate.

13. NPDES Electronic Reporting Rule • Indiana • Using NetDMR software for DMR submission • Compliance staff are conducting outreach to permit holders • IDEM TEMPO system is capable of receiving Rule 6 NOIs and Rule 5 is being designed. • 90 facilities currently enrolled in NetDMR

14. NPDES Electronic Reporting Rule • Rule Timing • Published in Federal Register July 30, 2013 • Comment Period Closes October 28, 2013 • Final Rule Projected June, 2014

15. 316a Variance for Thermal Limits • Temperature limits on wastewater discharges. • 27 Power Plants • Steel Mills • Other facilities • Section 316a of the Clean Water Act: variance from thermal effluent limits. • Requirements: • Demonstrate that a different limit will assure protection and propogation of a balanced, indigenous population of shellfish, fish, and wildlife. • Permit holder conducts studies to make demonstration.

16. 316a Variance for Thermal Limits • IDEM has drafted guidance for conducting studies. • Goal: • Provide permit holders clear guidelines for conducting studies. • Provide IDEM with adequate information to establish alternate limits • Once approved internally, IDEM will share with stakeholders.

17. Steam Electric ELG • EPA first established Steam Electric Power Generating effluent guidelines in 1974. • Guidelines are used in development of NPDES permits for power plants that use nuclear or fossil fuels to generate power.

18. Steam Electric ELG • 2009 EPA review of discharges from steam electric power facilities. • EPA evaluated wastewaters from: • FGD systems • Fly Ash and Bottom Ash handling • Coal Pile Runoff • Condenser Cooling • Equipment Cleaning • Leachate from Landfills and Impoundments

19. Steam Electric ELG • FGD: Wet Flue Gas Desulferization is used to remove fly ash and sulfur dioxide from power plants. • FGD wastewater contains metals, chloride, TDS, TSS • Treatment methods can include settling ponds, chemical precipitation, and biological treatment.

20. Steam Electric ELG • Fly Ash and Bottom Handling Ash • Wet handling systems sluice fly ash to a surface impoundment for settling. • Some recycling • Newer plants operate dry fly ash handling. Fly ash is stored and sold for beneficial reuse or landfilled.

21. Steam Electric ELG • New or added requirements for: • Flue gas desulferization • Fly ash • Bottom ash • Flue gas mercury control • Gasification of fuels such as coal and coke. • EPA is considering several options and has identified four preferred options.

22. Steam Electric ELG • Timeframes: • Rule published June 7, 2013. • Comment period ends September 20, 2013. • EPA is under a consent decree to take final action by May 22, 2014.

23. Revised Total Coliform Rule • 1989 EPA established the Total Coliform Rule • Required testing for Total Coliform by water systems. • Detection of total coliform requires repeat sampling within 24 hours. • Detection of total coliform requires testing for fecal/E.coli • Public notice and Boil Water Advisory for fecal. • Public notification if

24. Revised Total Coliform Rule • New rule: • Establishes a MCLG of 0 for E.coli. • Eliminates MCLG and MCL for total coliform and replaces with a treatment technique • Total coliforms are an indicator of a potential pathway for contamination of the distribution system. • PWS with Total Coliform hits would conduct an assessment of the sanitary system to determine whether defects exist and then correct them.

25. Revised Total Coliform Rule • New Rule Requirements: • Notification • Eliminated for Total Coliform hits only • Required when an E.coli MCL violation occurs or • When a PWS fails to conduct an assessment and perform corrective action when Total Coliform hit.

26. Revised Total Coliform Rule • Logic of this approach: • Total Coliforms are not in themselves a health threat, therefore a ‘find and fix’ approach will help systems ensure potential problems are addressed. • Timeframe: • PWS must comply with this rule beginning April 1, 2016.

27. Questions? Bruno Pigott Assistant Commissioner Indiana Department of Environmental Management 317-233-2550 bpigott@idem.in.gov