Municipal Concerns and an Update on Whole Effluent Toxicity Yvonne Baker, LDEQ Environmental...

Municipal Concerns and an Update on

Whole Effluent ToxicityYvonne Baker, LDEQ

Environmental Scientist Senior

LA Conference on Water, Sewerage, and Industrial Wastes, Inc.

March 15, 2012

Kimberly Corts

LDEQ/Water Permits Division

MS4s in Louisiana: Updates

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)

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

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

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

2010 TIGER/Line Shapefiles Release Schedule

Data Product Supported Geography Released TIGER/Line Shapefiles Release Dates

2010 Census Redistricting Data (P. L. 94-171) State-based Files to Block for the U.S. and Puerto Rico

Completed

National Summary File of Redistricting Data/Summary File 1

National Files Completed

Summary File 1 5-digit ZIP Code Tabulation Areas Completed

Island Areas Summary File Island Areas Completed

Urban Area Update Urban Areas 2012

113th Congressional District Summary File 113th Congressional Districts 2013

Public Use Microdata Sample (PUMS) File Public Use Microdata Areas To Be Determined

MS4 GIS Layer

Shreveport, LA

Shreveport, LA

Shreveport, LA

Shreveport

Bossier City

Greenwood

Blanchard

Haughton

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

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.”

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

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

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

• 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

Bottom Line…

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.

LAR04 Requires…

Documentation is the key….

Part IV.G

BMPs should be evaluated to determine if programs are adequate

to address the TMDL.

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

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.

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

Contact InformationKimberly Corts, LDEQ

Environmental Scientist Supervisor

225.219.3208

[email protected]

Debbie Bissett, LDEQ

Environmental Scientist

225.219.3603

[email protected]

Pretreatment 101

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)

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

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

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.

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

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

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.

Corrosion of Collection System and/or Treatment

Plant

Explosions

Interference with Wastewater

Treatment Facility

Limitations on Sludge Disposal Options and/or Greater

Expense

Injury to Workers from

Hazardous Fumes

Pass-Through of Toxics into

Surface Waters

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.

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.

The Basic Connection

EPA

- Approval Authority

- Control Authority State

POTW

IU IU

- Industrial User in approved program

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]

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)]

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)

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

53 Categorical Industry Sectors

Industry Category 40 CFR

Relevant SIC code(s) -‘87 SIC Manual

Dairy products processing 405 2021, 2022, 2023, 2024, 2026

Grain mills manufacturing 406 2041, 2043, 2044, 2045, 2046, 2047

Fruits / vegetable processing 407 2033, 2034, 2035, 2037Canned / preserved seafood 408 2091, 2092 Sugar processing 409 2061, 2062, 2063 Textile mills

4102211, 2221, 2231, 2241, 2251, 2252, 2253, 2254, 2257, 2258, 2259, 2261, 2262, 2269

Cement manufacturing 411 3241 Concentrated Animal Feeding Operations 412 0211, 0213, 0214 Electroplating 413 3471, 3672 Organic chemicals, plastics, and synthetic fibers 414 2821, 2823, 2824, 2865,

2869

Categoricals & Possible SIC code Correlations (cont.)

Inorganic chemicals 415 2812, 2813, 2816, 2819

Soaps & detergents manufacturing 417 2841

Fertilizer manufacturing 418 2873, 2874, 2875

Petroleum refining 419 2911

Iron & steel manufacturing 4203312, 3315, 3316, 3317, 3479

Nonferrous metals manufacturing 421

2819, 3331, 3334, 3339, 3341

Phosphate manufacturing 422 2819, 2874

Steam electric power generation 423 4911

Ferroalloy manufacturing 424 3313


425 3111

Glass manufacturing 426 3211, 3221, 3296

Asbestos manufacturing 427 2621, 3292

Rubber manufacturing 428 2822

Timber products processing 429 2491, 2493

Pulp, paper & paperboard 430 2611, 2621, 2631

Meat products 432 2011, 2013, 2077

Metal finishing 433Leather tanning / finishing

Coal mining 434 1221, 1222, 1231, 1241


Oil & gas extraction 435 1311

Mineral mining & processing 4361422, 1423, 1429, 1442, 1446, 1455, 1459, 1474, 1475, 1479, 1499

Pharmaceutical manufacturing 439 2833, 2834

Ore mining & dressing 440 1011, 1021, 1031, 1041, 1044, 1061, 1094, 1099

Transportation equipment cleaning 442 4491, 4499, 4741, 7699

Paving & roofing materials 443 2951, 2952, 3996

Waste combustors (commercial incinerators combusting hazardous waste)

444 4953, 2819, 2869, 3241, 1422, 1429, 1459, 9999

Landfills 445 4953

Paint formulating 446 2851


Ink formulating 447 2893

Gum and wood chemicals 454 2861

Pesticide chemicals manufacturing, formulation and packaging

455 2879

Explosives 457 2892

Carbon black manufacturing 458 2895

Photographic 459 7221, 7335, 7384, 7819

Hospital 460 8062, 8063, 8069

Battery manufacturing 461 3691, 3692

Plastic molding and forming 463 3081, 3082, 3083, 3084, 3085, 3086, 3087


Metal molding and casting (foundries) 464

3321, 3322, 3324, 3325, 3365, 3366, 3369

Coil coating 465 3479, 3492, 3411

Porcelain enameling 466 3431, 3631, 3632, 3633, 3639, 3469, 3479

Aluminum forming 4673353, 3354, 3355, 3357, 3363

Copper forming 468 3351, 3357, 3463

Electrical and electronic components 469 3671, 3674, 3679

Nonferrous metals forming and metal powders

471 3356,3357, 3363, 3497

Industrial Categories: Subparts

• Manufacturing processes employed

• Raw materials used

• Types of items produced

• Characteristics of typical wastes generated

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

Categoricals: New vs. Existing Source (PSNS/PSES)

• New Source (definition found at LAC 33.IX.6105)– Any building, structure, facility, or installation from which

there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards.

* Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation…but otherwise alters, replaces, or adds to existing process or production equipment.

Industrial Categories Without PSES/PSNS

• CFR 422 Phosphate Mfg

• CFR 432 Meat & Poultry Products

• CFR 434 Coal Mining• CFR 436 Mineral

Mining & Processing• CFR 438 Metal

Products & Machinery• CFR 440 Ore Mining

& Dressing

• CFR 445 Landfills• CFR 454 Gum &

Wood Chemical Mfg• CFR 457 Explosives

Mfg• CFR 459

Photographic Processing

• CFR 460 Hospital

Most Common Industrial Categories Containing

Pretreatment Standards• Metal Finishing, 40 CFR Part 433:

– Applicable to plants which perform any of the following six metal finishing operations on any basis material: electroplating, electroless plating, anodizing, coating (chromating, phosphating, and coloring)

– If any of these 6 operations are present, then this part also applies to discharges from 40 types of ancillary operations such as cleaning, machining, heat treating, paint stripping, hot dip coating, etc.

Most Common Industrial Categories Continued

• Transportation Equipment Cleaning, 40 CFR Part 442:– Applies to discharges resulting from cleaning the

interior of tanks used to transport chemical, petroleum, or food grade cargos.

– This part does not apply to facilities that clean only the exteriors of transportation equipment.

– Facilities that clean tank interiors solely for the purposes of repair and maintenance are not regulated by this Part.

40 CFR Part 442 Continued• Subparts:

– Subpart A: Tank Trucks and Intermodal Tank Containers Transporting Chemical and Petroleum Cargos

– Subpart B: Rail Tank Cars Transporting Chemical and Petroleum Cargos

– Subpart C: Tank Barges and Ocean/Sea Tankers Transporting Chemical and Petroleum Cargos

– Subpart D: Tanks Transporting Food Grade Cargos

Most Common Industrial Categories Continued

• Centralized Waste Treatment, 40 CFR Part 437:– A centralized waste treatment (CWT) facility

means any facility that treats (for disposal, recycling, or recover of material) any hazardous or non-hazardous industrial wastes, industrial wastewater, and/or used material received from offsite .

– CWT wastewater sources may include, but are not limited to: liquid waste receipts, used oil emulsion-breaking wastewater, equipment washes, contaminated stormwater, etc.

40 CFR Part 437 Continued

• Subparts:– Subpart A – Metals Treatment and

Recovery– Subpart B – Oils Treatment and Recovery– Subpart C – Organics Treatment and

Recovery– Subpart D – Multiple Wastestreams

Types of Significant Industrial Users Continued

• Any other industrial user that: – discharges an average of 25,000 gallons

per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

– contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

Significant Industrial Users Definition Continued

• is designated as such by the POTW on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any standards or requirement imposed on an industrial user by the POTW.

• Complete definition can be found at: – LAC 33:IX.6107

Local Limits• The POTW is required to develop Local Limits for

pollutants of concern in the influent or suspected to be present

• Protect the POTW – Equipment/Processes

• Protect the receiving waters – LPDES, WQ Standards, WET

• Improve/Protect sludge disposal options - – Beneficial Reuse

• Protect POTW personnel – – Toxic Gases, Vapors, Fumes

Local Limits Continued

EPA has identified 15 pollutants often found in POTW sludge and effluent that it considers potential Pollutants of Concern:

Arsenic Lead SeleniumCadmium Mercury ZincChromium Molybdenum 5-day BODCopper Nickel Total Suspended SolidsCyanide Silver Ammonia

Types of Pretreatment Languages

• Pretreatment Option 1 Language – – General “boilerplate” language that should be in all

LPDES permits for POTWs– Used for municipalities that do not have either an

approved or required Pretreatment Program• Pretreatment Option 2A Language –

– For municipal POTWs with Industrial Users on the collection system, with an approved Pretreatment Program

• Pretreatment Option 3 Language – – Requires the POTW to begin developing a

Pretreatment Program

Other LDEQ Activities

• Water Permits Division conducts Pretreatment Audits:– Conducted every 4 – 5 years – Consists of:

• File Review (permits issued by the Pretreatment Program to IUs, IU sampling laboratory analysis reports, inspections, etc.)

• Site Visits to IUs – in order to verify that the Pretreatment Program is meeting state requirements

Louisiana Pretreatment Programs

• 15 Programs:

Alexandria

Lake Charles

Bossier City Monroe

Crowley New Orleans

DeRidder Pineville

East Baton Rouge Parish Shreveport

Jefferson Parish St. John the Baptist Parish

Kenner West Monroe

Lafayette

Contact InformationKimberly Corts, LDEQ


225.219.3208

[email protected]

Melissa Reboul, LDEQ


225.219.3199

[email protected]

WHOLE EFFLUENT TOXICITY

WHOLE EFFLUENT TOXICITY

Laboratory experiments which measure the adverse effect (growth, reproduction, survival) effluent concentrations may have on standardized test organisms

Federal regulations: 40 CFR 122.44(d)(1)(iv) & (v) State regulations: LAC 33:IX.2707.D.1.e.-f.

Biomonitoring is used: to characterize & measure the aggregate toxicity of an effluent or

ambient waters to measure compliance with whole effluent toxicity limits as an investigative tool & to measure progress in a toxicity reduction

program as an ambient instream measure of toxicity to identify pollution sources

WHO WET TESTS? All major facilities Significant minor facilities Any facility with reasonable potential to cause toxicity

If the permit requires WET testing Report only Test failure IS NOT A VIOLATION of the permit

If the permit contains WET limits Critical dilution is a permit limit Test failure IS A VIOLATION of the permit; monitoring frequency

increases to monthly until such time the permittee passes for 3 consecutive months

PROCESSCalculate dilution series

Calculated by using the receiving stream 7Q10 flow (cfs) and the facility flow or design capacity (mgd) critical dilution = 1%-5% quarterly acute biomonitoring critical dilution >5% quarterly chronic biomonitoring critical dilution <1% annual acute biomonitoring

Review past 5 years biomonitoring history (if any) Perform Reasonable Potential Analysis

Statistical analysis which measures variability in the permittee’s biomonitoring results over the previous 5 years.

If there is enough variability in the results, a WET limit may be incorporated into the reissued LPDES permit.

TEST SPECIES

Daphnia pulex

(water flea)

Pimephales promelas

(fathead minnow)

Freshwater Acute

Freshwater Chronic

Ceriodaphnia dubia

(water flea)

Pimephales promelas

(fathead minnow)

Marine Acute & Chronic

Mysidopsis bahia(Mysid shrimp)

Menidia beryllina

(inland silverside minnow)

PROCESS Prepare recommendation

If passing history, recommend standard biomonitoring requirements & include frequency reduction option

If failures have occurred, a reasonable potential analysis is run, and all available information is used to determine permit controls. A frequency reduction option will not be included.

Types of BiomonitoringCHRONIC

7-day testMeasures lethal (survival) and sub-lethal (reproduction & growth) effects

ACUTE48 hour testMeasures lethal (survival) effects

FREQUENCY REDUCTION

Permittee must certify in writing that no lethal or sub-lethal test failures have occurred during the first 4 consecutive quarters of testing & that all tests met all acceptability criteria outlined in permit

DEQ reviews the biomonitoring history for the first four quarters and will issue a letter approving or denying the request for frequency reduction

If granted, the monitoring frequency is reduced to semi-annually for the more sensitive species (Ceriodaphnia dubia, Daphnia pulex, or Mysidopsis bahia) and annually for the less sensitive species (Pimephales promelas or Menidia beryllina)

Applies only until the expiration date of permit or if a lethal or sub-lethal failure is experienced, at which time the frequency reverts to quarterly until the permit is reissued

TEST FAILUREA demonstration of statistically significant sub-lethal

or lethal effects to a test species at or below the effluent critical dilution

Lethal failure 3 monthly retests required If all retests pass, return to regular testing frequency If 1 retest fails, initiate a toxicity reduction evaluation (TRE)

Sub-lethal failure 3 monthly retests required If all retests pass, return to regular testing frequency If 2 retests fail, initiate a toxicity reduction evaluation (TRE)

TRE Toxicity Reduction Evaluation: A step-wise process which

combines toxicity testing and analyses of the physical and chemical characteristics of a toxic effluent to identify the constituents causing effluent toxicity and/or treatment methods which will reduce the effluent toxicity.

Facility will submit a TRE Action Plan & Schedule to DEQ within 90 days from confirmation of lethality in any retest and initiate TRE Action Plan within 30 days of submittal Action Plan includes:

Specific approach Sampling plan Quality Assurance Plan Project Organization

TRE Reports

Quarterly:Quarterly reports shall be submitted with routine DMRs in

January, April, July, and October (quarterly testing is a minimum requirement during a TRE)Should include:

data which identifies the pollutant(s) and/or source(s) of effluent toxicity

studies/evaluations and results on the treatability of the facility’s effluent toxicity

data which identifies effluent toxicity control mechanisms that will reduce effluent toxicity to the level necessary to meet no significant lethality at the critical dilution

TRE Reports Final :

The TRE Final Report is due no later than 28 months from the

date of confirming lethality (or sub-lethality) in retest Should contain information pertaining to specific control mechanisms

selected that will, when implemented, result in reduction of effluent

toxicity to no significant lethality at the critical dilution

Should provide specific corrective action schedule for implementing the

selected control mechanism.

If one or more toxicants have been identified, a chemical specific

limit and/or a WET limit may be incorporated into permit

If one or more toxicants were unable to be identified, a WET limit

may be incorporated into permit

QUESTIONS

Contact Information

Kimberly Corts, LDEQ


225.219.3208

[email protected]

Laura Thompson, LDEQ


225.219.3205

[email protected]

Municipal Concerns and an Update on Whole Effluent Toxicity Yvonne Baker, LDEQ Environmental...

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