2008-2010 2008-2010 Surface Water Standards Surface Water Standards

Triennial Review Triennial Review and Implementationand Implementation

Connie BrowerConnie Brower

Nikki Remington-Julie Grzyb-Sandra MooreNikki Remington-Julie Grzyb-Sandra Moore

NC Division of Water Quality NC Division of Water Quality

Triennial ReviewTriennial Review

The State is obligated under The State is obligated under the federal “Clean Water the federal “Clean Water Act” to review surface water Act” to review surface water quality standards every quality standards every three years three years

Clean Water Act RequirementsClean Water Act Requirements

Limit the amount of pollutants that Limit the amount of pollutants that can be present in surface waters can be present in surface waters

Outline conditions of the surface Outline conditions of the surface water that will ensure protection of water that will ensure protection of the designated usesthe designated uses

Protection must include Protection must include physical, physical, chemical and biological integritychemical and biological integrity of the watersof the waters

Anticipated Major Changes: Anticipated Major Changes: Triennial Review (2008-2010)Triennial Review (2008-2010)

Chlorophyll a Chlorophyll a

Aquatic life metals standardsAquatic life metals standards

2,4 D standard (Water Supply only)2,4 D standard (Water Supply only)

Clarifications and reorganization of Clarifications and reorganization of Red Book Red Book regulations regulations

Chlorophyll aChlorophyll a Current “max not to exceed” language Current “max not to exceed” language

modified to “modified to “not greater than 10 percent not greater than 10 percent of data shall exceedof data shall exceed””

Proposed change reflects DWQ’s current Proposed change reflects DWQ’s current interpretation of the chlorophyll a interpretation of the chlorophyll a standards standards 303(d) listing purposes303(d) listing purposes

Addition of a Addition of a regional standardregional standard for for mountains and upper piedmontmountains and upper piedmont 25 ug/L25 ug/L

Mountain and Upper Piedmont Waters

Per 2B .0202: all of the waters of the Hiwassee; Little Tennessee, including theSavannah River drainage area; French Broad; Broad; New; and Watauga River Basins; and those portions ofthe Catawba River Basin above Lookout Shoals Dam and the Yadkin River Basin above the junction of theForsyth, Yadkin, and Davie County lines.

Review of National Criteria Review of National Criteria and Scienceand Science

Since 1980’s - US EPASince 1980’s - US EPA has published has published revisions to many metals revisions to many metals

To date, North Carolina has To date, North Carolina has notnot adopted those recommended changesadopted those recommended changes

Proposed revisions to metals standards Proposed revisions to metals standards reflect the most current sciencereflect the most current science

Metals ToxicityMetals Toxicity Toxicity of metals is influenced by many Toxicity of metals is influenced by many

factors such as….factors such as….Form and speciation of metalForm and speciation of metalpH, TSS, DOC, TOC, etc…pH, TSS, DOC, TOC, etc…

EPA’s national criteria take some of EPA’s national criteria take some of these factors into accountthese factors into accountDissolved metalsDissolved metalsHardness based criteria with Hardness based criteria with

equationsequations

Dissolved Metals Dissolved Metals Current standards are “total” metalsCurrent standards are “total” metals Dissolved metals better represent the Dissolved metals better represent the

bioavailable fraction bioavailable fraction Dissolved fraction varies in natural Dissolved fraction varies in natural

waterswaters With the exception of With the exception of MercuryMercury and and

SeleniumSelenium, DWQ has proposed the use of , DWQ has proposed the use of dissolved metals standardsdissolved metals standards

Dissolved Metal Standards Implementation

Upon permit renewal, once adopted, new criteria for metals will be used to calculate limits

Permits are, have and must be written as total metals per 40 CFR 122.45 (c)

Hardness Dependent Metals Hardness Dependent Metals FFor some metals: or some metals:

↓↓ water hardness is associated with water hardness is associated with

↑ ↑ aquatic toxicityaquatic toxicity

Proposed numerical standards are based Proposed numerical standards are based upon a upon a default hardness default hardness of 25 mg/Lof 25 mg/L

Metal specific Metal specific formulasformulas are also are also proposed to allow more localized proposed to allow more localized applications of proposed standardsapplications of proposed standards

Metals Standards Implementation

Some metals standards are hardness dependent

NPDES permits must incorporate protective concentrations that consider instream water hardness

Applicable in-stream hardness for use with metals equations: –10th percentile of local 8 digit HUC

10th Percentile Hardness by 8-Digit HUC

Hardness Data: 1969-2001 843 stations 37,530 samples

8-Digit HUC Hardness

Metal

Current Total Aquatic Life Standard

(ug/L)Proposed Dissolved Freshwater

Standard (ug/L)

 

Chronic 50 mg/L Hardness

Chronic25 mg/L

Acute25 mg/L

Arsenic 50 150 340

Beryllium 6.5 6.5 65

Cadmium* 2 / 0.4 trout 0.15 0.82 / 0.51 trout

Chromium (total) 50 Proposed for removal

Chromium III * none 24 180

Chromium VI none 11 16

Copper * 7 (AL) 2.7 (AL) 3.6 (AL)

Iron 1 mg/L (AL) Proposed for removal

Lead * 25 0.54 14

Nickel * 88 16 140

Silver * 0.06 (AL) 0.06 (AL) 0.30 (AL)

Zinc * 50 (AL) 36 (AL) 36 (AL)

Stakeholder Concerns

Goals Today – Provide links with guidelines to help answer questions for your permitted facility

Who will likely receive permit limits and / or additional monitoring ?

How can I calculate these predicted permit limits?

How can I assess the economic impact of the proposed dissolved metal standards?

User Guide

Located under NPDES Wastewater website – Quick Links

User Guide and Permit Limit Calculators to assist Permittees in understanding how the proposed Surface Water Standards (dissolved metals) will impact NPDES Permit Limitshttp://portal.ncdenr.org/web/wq/swp/ps/npdes

Permit Limit Calculators

Calculator 1

Estimates the Total Recoverable Metal Permit Limits for dissolved metals standards

Uses:

– Proposed default hardness of 25 mg/L

– NPDES Permitted Flow (MGD)

– Receiving stream’s summer 7Q10 (cfs)

Calculator 1 should provide conservative permit limit estimates for each facility because it uses the lowest hardness proposed under the revised regulations

Calculator 2

Also estimates Total Recoverable Metal Permit Limits for dissolved metals using:

–Combined hardness of permittee's 8-digit HUC hardness and the facility's effluent hardness, a mass balance approach

–A default hardness of 25 mg/L is used if the mass balance of the combined hardness data is less than 25 mg/L

Implementation: Hardness Determination

For Stream hardness– Use 10th percentile hardness of 8-Digit HUC

For Effluent hardness– Permittee data, NPDES will use the 10th percentile

of monthly effluent hardness values over a 1-2 year period.

– NPDES will request permittees to submit once/month sampling data with application for renewal.

– If no effluent hardness data, use 25 mg/L default value

What is my facility’s applicable hardness?

To Determine a Permittee’s receiving stream’s allowable dissolved metal concentration use the following Hardness mass balance equation:

(H in-stream, mg/L * 7Q10, MGD) + (H effluent, mg/L * Plant flow, MGD) (7Q10, MGD + Plant flow, MGD)

Mass balance hardness less than 25 mg/L? Use default of 25 mg/L

Mass balance hardness greater than 400 mg/L? Upper bound = 400 mg/L

CALCULATOR 2

0.43 10.4 31.0 40.0

To assess impact, complete Calculator 1 or 2 ….

Observe current permit limits and estimated permit limits; gather laboratory metals data

If effluent data equals or exceeds the estimated Permit Limits, assume limits & monitoring will be added to facility's next permit renewal

If, for the last 5 years, all the effluent sampling data shows the metal as “less than the PQL” and the estimated permit limit is greater than the PQL, it is not likely a limit/monitoring will be placed in the NPDES permit

Remember to ….

Examine Pre-treatment Impacts (if applicable) Staff have prepared information to assist you!

http://portal.ncdenr.org/web/wq/swp/ps/pret

Contact Deborah Gore or Dana Folley919- 807-6383 or 807 - 6311

Fiscal Impact

NC General Statutes require an assessment of fiscal impact when regulations are modified

Fiscal Note must be completed and APPROVED by Office of State Budget Management (OSBM) prior to formal public comment period and public hearings

Fiscal Impact DWQ mailed out requests for information on

costs and benefits related to these proposals Monday, June 7th

Deadline for submission of costs/benefits is Tuesday, September 7th

From these documents, NC DWQ will draft a State required Fiscal Note for approval by OSBM

Public Comment period will begin after this Fiscal Note is completed and approved

Timelines January/March 2010 – EMC granted our request to

proceed to Notice of Public Hearings June 7, 2010- websites available to assist permit

holders http://portal.ncdenr.org/web/wq/swp/ps/npdes

September 7th – End of timeframe to submit fiscal information to DWQ for inclusion in OSBM Fiscal Note

Fall 2010: Staff develops OSBM Fiscal Note Spring 2011 ?: Public Hearings announced…

ContactsContactsConnie BrowerConnie Brower

connie.brower@ncdenr.govconnie.brower@ncdenr.gov

919-807-6416919-807-6416

Nikki RemingtonNikki Remington

919-807-6413919-807-6413

Julie Grzyb Julie Grzyb

919-807-6389919-807-6389

Links to Website

http://portal.ncdenr.org/web/wq/homehttp://portal.ncdenr.org/web/wq/ps/csu/

swtrirev

http://portal.ncdenr.org/web/wq/swp/ps/npdes

http://portal.ncdenr.org/web/wq/swp/ps/pret

Hardness Dependent EquationsHardness Dependent Equations

Metals criteria are expressed as formulasMetals criteria are expressed as formulas

Example:Example: Chronic Standard for Chronic Standard for CopperCopper

.960 *.960 * e^0.8545[ln(hardness)]-1.702 e^0.8545[ln(hardness)]-1.702

Source: NRWQCSource: NRWQC

Dissolved Standard Implementation

A Translator is required to convert from dissolved metal standard to a total metal permit limit

Translator answers the question: "What fraction of metal in the effluent will be dissolved in the receiving water?"