Municipal Concerns and an Update on Whole Effluent Toxicity

1. Municipal Concerns and an Update on Whole Effluent Toxicity Yvonne Baker, LDEQ Environmental Scientist Senior LA Conference on Water, Sewerage, and Industrial Wastes, Inc. March 15, 2012

2. MS4s in Louisiana: Updates Kimberly Corts LDEQ/Water Permits Division

3. How is Storm Water Regulated Under the LPDES Program? Phased approach to regulation consistent with federal regulations: • Phase I: Regulated discharges from large and medium MS4s, large construction projects, and industrial activity - §402(p)(2) • Phase II: Regulated discharges from small MS4s and small construction projects - §402(p)(6)

4. MS4 Permits • Phase I LPDES permits – individual permits – LAS000XXX • Phase II LPDES permits – general permits – LAR04XXXX • Small MS4s were required to apply for coverage under the general permit in 2003

5. List of LA MS4 Permittees • Large and Medium MS4s (Individual Permit Coverage): • 4 large MS4s are permitted • New Orleans, Baton Rouge, Shreveport, and Jefferson Parish • Small MS4s: • Covered under the general permit, LAR040000 • 44 MS4s have obtained coverage

6. 2010 Census • Currently permitted MS4s were required to obtain coverage based on the 2000 census • The 2010 census may require more municipalities to obtain coverage and develop a Storm Water Management Plan or may require MS4s to reevaluate their boundaries • The urbanized area maps are used as the basis for MS4 requirements, although LDEQ may designate MS4s using other population information

7. 2010 TIGER/Line Shapefiles Release Schedule

8. MS4 GIS Layer

9. Permitting Challenges • TMDLs are being developed/have recently been approved in heavily impacted areas – East Baton Rouge, Livingston, Ascension Parishes and along the north shore of Lake Pontchartrain that include allocations for MS4s • EPA intends on proposing a new rule in December, 2012, which could change the requirements for small MS4s – who is considered “regulated”, new construction/redevelopment requirements, etc

10. EPA’s 2002 Guidance Memorandum Regarding Wasteload Allocations for Stormwater Sources • “National Pollutant Discharge Elimination System (NPDES)-regulated stormwater discharges must be addressed by the wasteload allocation (WLA) component of a TMDL.” • “NPDES-regulated stormwater discharges may not be addressed by the load allocation (LA) component of a TMDL.” • “Stormwater discharges from sources not currently subject to NPDES regulation may be addressed by the load allocation component of a TMDL.”

11. 2010 Update to the 2002 EPA Memorandum • Numeric WQBELs can clarify permit requirement and improve accountability and enforceability, based on the discretion of the permitting authority • WLAs for stormwater sources should be disaggregated in order to establish clear, effective, and enforceable NPDES permit limitations • Stormwater limitations may be established through the use of surrogate parameters-ex. flow volume vs. impervious cover • Permitting authorities should consider designating stormwater sources not currently regulated by NPDES permits as candidates for regulation

12. LDEQ Interim Solution • Currently developing dissolved oxygen TMDLs: • the critical low flow is 7Q10, stormwater is not present at that time • Include statements indicating that the allocation for all stormwater loading is 0.0 lb/day • Allocate a portion of the nonpoint load to the MS4 based on drainage area ratios • Include statement that the load is not to be interpreted as a permit limit

13. LDEQ Interim Solution • LDEQ realizes that this will not be adequate for all cases • Future TMDLs • may include dynamic modeling to account for storm events • may be developed for high flow conditions

14. Bottom Line… • EPA guidance and recommendations are steadily moving towards numeric limitations for MS4s • This may be very costly for MS4 permittees to implement • EPA is revising stormwater regulations, which may further complicate permitting

15. Complying with the TMDL Requirements Current TMDLs (Bayou Manchac, Gray’s Creek, drafts for Bayou Lacombe, Tchefuncte, etc.) specify that BMPs are the most appropriate method of addressing the TMDL to reduce the nonpoint source loading as well as eliminate illicit discharges.

16. LAR04 Requires… Documentation is the key….

17. Part IV.G BMPs should be evaluated to determine if programs are adequate to address the TMDL.

18. Monitoring See guidance letter to Ascension Parish MS4: • Monitoring does not necessarily refer to laboratory-analyzed samples only • Regular visual inspections of outfalls are acceptable! • Some storm water samples may be taken to establish overall load coming from the MS4 (BOD, COD, TSS, possibly nutrients) • Frequencies and types of monitoring are established by the MS4 permittee

19. What is an outfall? An outfall is the point at which any conveyance of a storm sewer system discharges to surface waters of the state – does not include pipes, tunnels, or ditches that connect two storm sewers. DOTD outfalls are a little different and may include bridges that cross water bodies.

21. 2012 Reissuance • LAR04 expires 12/4/2012 • LDEQ aims to have a draft for PN late summer/early fall and reissue the permit prior to the expiration date • Changes in federal regulations ???? • Without any final federal rules that imposes additional requirements on MS4s, the changes will be minor

22. Contact Information Kimberly Corts, LDEQ Environmental Scientist Supervisor 225.219.3208 kimberly.corts@la.gov Debbie Bissett, LDEQ Environmental Scientist 225.219.3603 debbie.bissett@la.gov

23. Pretreatment 101

24. What is Pretreatment? • The reduction of the amount of pollutants, • The elimination of pollutants, or • The alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, discharging or otherwise introducing such pollutants into a POTW (publicly owned treatment works)

25. Louisiana Pollutant Discharge Elimination System (LPDES)LAC 33:IX.Subpart 2 • LPDES applies to all “point sources discharging pollutants” into “waters of the State” • Point sources must obtain an LPDES permit from LDEQ • LPDES permits issued to POTWs can require the POTW to develop a state-approved Pretreatment Program

26. General Pretreatment Program Requirements Can be found at: • LAC 33:IX.Subpart 2.Chapter 61 (General Pretreatment Regulations) and/or @ • 40 Code of Federal Regulations (CFR) Part 403

27. Pretreatment Streamlining Rule • The EPA Pretreatment Streamlining Rule revised several provisions of the General Pretreatment Regulations • Effective on November 14, 2005 • Incorporated into the State of Louisiana’s regulations via publication in the June 2006 Louisiana Register.

28. Applicability of the Pretreatment Regulations • Pretreatment regulations are a component of the LPDES program • This regulation applies to pollutants from non-domestic sources covered by pretreatment standards which are indirectly discharged into or transported by truck or rail or otherwise introduced into POTWs

29. Terminology • Indirect Discharge: • The introduction of pollutants into a POTW from any non-domestic source • POTW or “Publicly Owned Treatment Works”: • Any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by the state, or a municipality, or a parish. This definition includes sewers, pipes, or other conveyances, only if they convey wastewater to a POTW providing treatment

30. Objectives of the Pretreatment Program • To prevent the introduction of pollutants into POTWs which will: • interfere, • pass through, and/or • be incompatible. • To improve opportunities to recycle and reclaim wastewaters and sludges (High quality biosolids for Beneficial Use and/or Land Application). • To protect POTW workers.

31. Limitations on Sludge Disposal Options and/or Greater Expense Injury to Workers from Hazardous Fumes Corrosion of Collection System and/or Treatment Plant Explosions Interference with Wastewater Treatment Facility Pass-Through of Toxics into Surface Waters

35. Tequila Floods Louisville Sewer February 11, 2003: More than 1,000 gallons of tequila spilled into the sewer system after a worker tried to unload it from a truck into an already full storage tank at the Brown-Forman Distillery. The tequila overflowed at a rate of 100 gallons per minute, resulting in 1,500 to 1,800 gallons entering the city sewer system. Fire and sewer officials were called because of the flammability of the 80-proof liquor, he said. Water was used to dilute the spilled alcohol.

36. Who Must Develop a Program? • POTWs with: • combined design flow > 5 MGD, and • receiving flow from CIUs, and/or • receiving pollutants which pass through or interfere. • Approval Authority (LDEQ) may require program be developed, regardless. • LDEQ may assume responsibility for regulating IUs that discharge to a POTW.

37. The Basic Connection EPA - Approval Authority State - Control Authority - Industrial User in approved program POTW IU IU

38. Federal & State Requirements • Identify and locate IUs subject to pretreatment program requirements • [40 CFR '403.8(f)(2)(i)] and/or • [LAC 33.IX.Subpart 2.Chapter 61.6115.F.2.a]

39. Industrial User: • A source of indirect discharge. [LAC 33:IX.6105 and/or 40 CFR §403.3(h)] • Indirect Discharge is -- The introduction of pollutants into a POTW from any non-domestic source regulated under section 307(b), (c), or (d) of the CWA. [LAC 33:IX.6105 and/or 40 CFR §403.3(g)]

41. Classifying Industrial Users • Significant Industrial User (SIU) • First Type: • Categorical Industrial User (CIUs): Industrial Users subject to categorical pretreatment standards under 40 CFR Chapter I, Subchapter N (LAC 33:IX.4903)

42. Categorical Standards • National, uniform, technology-based standards for “direct” dischargers and “indirect” dischargers • Effluent limitations guidelines for direct dischargers; Pretreatment Standards for indirect dischargers • Specific industrial categories • Specific pollutants • Pretreatment Standards Protect POTW • 40 CFR Parts 405-471

43. 53 Categorical Industry Sectors

44. Categoricals & Possible SIC code Correlations (cont.)

45. Categoricals & Possible SIC code Correlations (cont.)

46. Categoricals & Possible SIC code Correlations (cont.)

47. Categoricals & Possible SIC code Correlations (cont.)

48. Categoricals & Possible SIC code Correlations (cont.)

49. Industrial Categories: Subparts • Manufacturing processes employed • Raw materials used • Types of items produced • Characteristics of typical wastes generated

50. Elements of a Categorical Subpart • Applicability • Specialized definitions • Effluent limitations and standards, i.e., • BPT, BAT, BCT, PSES, NSPS, and PSNS • YOU only have to be concerned with – PSES&PSNS