TEXAS STATE BREAKOUT SESSION
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Transcript of TEXAS STATE BREAKOUT SESSION
TEXAS STATE BREAKOUT SESSIONTEXAS STATE BREAKOUT SESSION
2727thth Annual EPA Region VI Annual EPA Region VIPretreatment Association Workshop Pretreatment Association Workshop
August 3, 2011August 3, 2011
Storm Water & Pretreatment Team Storm Water & Pretreatment Team Water Quality DivisionWater Quality Division
(512) 239-4671(512) 239-4671
TPDES Pretreatment Program ContactsTPDES Pretreatment Program Contacts
Water Quality Division, Water Quality Division, Storm Water & Pretreatment TeamStorm Water & Pretreatment Team Rebecca L. Villalba, Team LeaderRebecca L. Villalba, Team Leader Katie GreenwoodKatie Greenwood Elaine HassingerElaine Hassinger David JamesDavid James Allison OsborneAllison Osborne Mary Ann (Mimi) WallaceMary Ann (Mimi) Wallace Graham WebbGraham Webb
Austin Office: (512) 239-4671Austin Office: (512) 239-4671
Pretreatment InternsPretreatment Interns Lena HoffmanLena Hoffman Hannah RogersHannah Rogers
TPDES Pretreatment Program ContactsTPDES Pretreatment Program Contacts
Coastal and East Texas, Region 12 OfficeCoastal and East Texas, Region 12 Office Gary Fogarty, Pretreatment Compliance Investigator, Gary Fogarty, Pretreatment Compliance Investigator,
Houston (713) 767-3654Houston (713) 767-3654 Barbara Sullivan, Team LeaderBarbara Sullivan, Team Leader
North Central and West Texas, Region 4 OfficeNorth Central and West Texas, Region 4 Office Pixie Wetmore, Pretreatment Compliance Investigator, Pixie Wetmore, Pretreatment Compliance Investigator,
Dallas/Fort Worth (817) 588-5849 Dallas/Fort Worth (817) 588-5849 Karen Smith, Work LeaderKaren Smith, Work Leader
Sunset Advisory CommissionSunset Advisory Commission Audit ended in 2010Audit ended in 2010 Overview of the entire TCEQ, rules, processes, etc.Overview of the entire TCEQ, rules, processes, etc. Outcome and recommendationsOutcome and recommendations
TCEQ to continue for 12 more yearsTCEQ to continue for 12 more years Include “public health” to the current mission statementInclude “public health” to the current mission statement Update website to provide easy access and in plain Update website to provide easy access and in plain
languagelanguage Revise Compliance HistoryRevise Compliance History Adopt Enforcement policies in rulesAdopt Enforcement policies in rules Consider Supplemental Environmental Projects for local Consider Supplemental Environmental Projects for local
governments to improve the environmentgovernments to improve the environment Clarify Executive Director’s authority to curtail water use in Clarify Executive Director’s authority to curtail water use in
water shortages and droughtwater shortages and drought
State of Texas Legislative SessionState of Texas Legislative Session Meets every two yearsMeets every two years Begins in January and ends in MayBegins in January and ends in May Bills are introduced to propose new laws or other mandatesBills are introduced to propose new laws or other mandates Once a bill is approved, the TCEQ will be required to adopt Once a bill is approved, the TCEQ will be required to adopt
rules or other procedures to implement the requirementsrules or other procedures to implement the requirements HB2694:HB2694:
continues TCEQ for 12 years to 2023continues TCEQ for 12 years to 2023 maximum penalty increased to $25,000/day/violation; up maximum penalty increased to $25,000/day/violation; up
from $10,000/day/violationfrom $10,000/day/violation HB451: Don’t Mess with Texas Water ProgramHB451: Don’t Mess with Texas Water Program
Substantial Modifications InitiativeSubstantial Modifications Initiative Initiative to review pending substantial Initiative to review pending substantial
modification packages started August modification packages started August 20092009
5 packages are pending review5 packages are pending review 8 are under a TPDES permit action to 8 are under a TPDES permit action to
approve the substantial modificationapprove the substantial modification Others are undergoing city council Others are undergoing city council
approvalapproval
Streamlining Rule Streamlining Rule Nonsubstantial ModificationsNonsubstantial Modifications
Complex modifications, take just as Complex modifications, take just as long as a substantial modificationlong as a substantial modification
8 packages are pending review8 packages are pending review Others are undergoing city council Others are undergoing city council
approvalapproval
Review of ModificationsReview of Modifications We continue to focus on review of the We continue to focus on review of the
modifications on a timely mannermodifications on a timely manner 180 days to technically complete 180 days to technically complete
• ((i.e.i.e. city council letter) city council letter) Thank you for your cooperation with Thank you for your cooperation with
your responses and revisionsyour responses and revisions
Nonsubstantial modifications without Nonsubstantial modifications without Streamlining Rule provisionsStreamlining Rule provisions 45 days to review 45 days to review
Streamlining RuleStreamlining Rule Guidelines for SubmissionGuidelines for Submission
TCEQ highly recommends that the TCEQ highly recommends that the language in your modification adheres language in your modification adheres to the language in 40 CFR Part 403to the language in 40 CFR Part 403
The EPA’s The EPA’s Model Pretreatment Model Pretreatment OrdinanceOrdinance provides recommended provides recommended languagelanguage
Provide revised program in “tracked Provide revised program in “tracked changes” changes” both electronic and hard copiesboth electronic and hard copies
Streamlining Rule Streamlining Rule Which optional provisions to implement?Which optional provisions to implement?
What should the CA consider?What should the CA consider?•ResourcesResources•Staff technical knowledgeStaff technical knowledge•Administrative burden Administrative burden •Data management and tracking systemsData management and tracking systems •Complexity of the SIUs Complexity of the SIUs
•Pressure from local interestsPressure from local interests•Complexity of the annual Complexity of the annual pretreatment program reportpretreatment program report•Once adopted, it will require a Once adopted, it will require a substantial modification to removesubstantial modification to remove
Streamlining RuleStreamlining Rule
““Optional”Optional” Changes – Summary Changes – Summary Sampling for Pollutants Not Present for CIUsSampling for Pollutants Not Present for CIUs General Control MechanismsGeneral Control Mechanisms Best Management Practices in lieu of local Best Management Practices in lieu of local
limitslimits Equivalent Concentration for Flow-Based Equivalent Concentration for Flow-Based
StandardsStandards Equivalent Mass Limits for Concentration Equivalent Mass Limits for Concentration
LimitsLimits Oversight of CIUs: NSCIUs and MTCIUsOversight of CIUs: NSCIUs and MTCIUs
Streamlining Rule Streamlining Rule Changes to Audit and PCI ReviewsChanges to Audit and PCI Reviews
Audits and PCIs may vary, both in length Audits and PCIs may vary, both in length and complexity:and complexity:• All All requiredrequired provisions will be reviewed provisions will be reviewed• Additional information reviewed will Additional information reviewed will
depend on thedepend on the optional provisionsoptional provisions adopted by the CAadopted by the CA
Nonsubstantial Modifications with Nonsubstantial Modifications with Streamlining RuleStreamlining Rule
The TCEQ requests that CAs submit The TCEQ requests that CAs submit the Streamlining Rule modifications:the Streamlining Rule modifications: In one packageIn one package With the TCEQ cover sheetWith the TCEQ cover sheet checklist, and checklist, and
additional checklists as applicableadditional checklists as applicable The Streamlining Rule package will be aThe Streamlining Rule package will be a
complete replacement complete replacement of the existing of the existing approved pretreatment programapproved pretreatment program
Draft with “tracked changes”Draft with “tracked changes”
Technically Based Local LimitsTechnically Based Local Limits
Within 60 days of the issued date of the Within 60 days of the issued date of the TPDES permit submit:TPDES permit submit: Written certification of reassessmentWritten certification of reassessment TBLLs Reassessment Form TBLLs Reassessment Form
(TCEQ-20221)(TCEQ-20221)
OROR Notification of Redevelopment of TBLLsNotification of Redevelopment of TBLLs
• Due 12 months from permit issuanceDue 12 months from permit issuance
IMPORTANTIMPORTANT: Know your permit. Several miss : Know your permit. Several miss this deadline. Missing deadlines could result this deadline. Missing deadlines could result in enforcement actions.in enforcement actions.
Technically Based Local LimitsTechnically Based Local Limits
Reassessment must show that the Reassessment must show that the existing TBLLs:existing TBLLs:
attain the Texas Surface Water Quality attain the Texas Surface Water Quality Standards (TSWQS) Standards (TSWQS)
adequate for the sludge disposal option adequate for the sludge disposal option usedused
adequate to prevent pass through, adequate to prevent pass through, interference, worker health and safety interference, worker health and safety problems, and sludge contaminationproblems, and sludge contamination
Technically Based Local LimitsTechnically Based Local LimitsSampling PlanSampling Plan
Submit at least 30 days prior to conducting Submit at least 30 days prior to conducting comprehensive study comprehensive study
Sampling Plan ChecklistSampling Plan Checklist Include WWTP schematic with sampling Include WWTP schematic with sampling
locations identifiedlocations identified Domestic/Commercial area maps with Domestic/Commercial area maps with
sampling locations identifiedsampling locations identified Influent Priority Pollutant ScanInfluent Priority Pollutant Scan
Submit with the Sampling Plan and list of POCs orSubmit with the Sampling Plan and list of POCs or Submit at a later date along with the list of POCsSubmit at a later date along with the list of POCs
Pretreatment AuditsPretreatment Audits Approved Pilot ProjectApproved Pilot Project
Risk-Based Audit Approach Risk-Based Audit Approach Three year pilot projectThree year pilot project Eligibility criteria reviewed and accepted by EPAEligibility criteria reviewed and accepted by EPA Audit less programs each yearAudit less programs each year
Audit 15% of TPDES universe, instead of 20%Audit 15% of TPDES universe, instead of 20%• 11 audits per year, instead of 1411 audits per year, instead of 14
Criteria has been set-up for high performing programsCriteria has been set-up for high performing programs Programs that meet criteria will be audited every 7 years, Programs that meet criteria will be audited every 7 years,
instead of every 5 yearsinstead of every 5 years Evaluation is conducted on an annual basisEvaluation is conducted on an annual basis Provide incentive to improve performance, compliance with Provide incentive to improve performance, compliance with
pretreatment regulations, and pollution preventionpretreatment regulations, and pollution prevention
Pretreatment AuditsPretreatment AuditsProposedProposed Pilot ProjectPilot Project
Criteria includes:Criteria includes: minimum qualifications andminimum qualifications and Optional criteria for extra pointsOptional criteria for extra points
CA’s pretreatment staff changes will CA’s pretreatment staff changes will also be consideredalso be considered
Pretreatment AuditsPretreatment AuditsProposedProposed Pilot ProjectPilot Project
Minimum criteria includes:Minimum criteria includes: No pass through or interferenceNo pass through or interference Less than 10% SIUs in SNCLess than 10% SIUs in SNC Inspecting and sampling all SIUs each yearInspecting and sampling all SIUs each year Compliance History rating equal to or greater than Compliance History rating equal to or greater than
AverageAverage No formal enforcement for water quality related violationsNo formal enforcement for water quality related violations No TIE/TRE or biomonitoring problemsNo TIE/TRE or biomonitoring problems All violations from last audit have been resolvedAll violations from last audit have been resolved
Confirmed by the PCIConfirmed by the PCI
Pretreatment AuditsPretreatment AuditsProposedProposed Pilot ProjectPilot Project
Extra points includes:Extra points includes: National or state level environmental or National or state level environmental or
pretreatment award winnerpretreatment award winner Pollution prevention activitiesPollution prevention activities Fats, oil, and grease programFats, oil, and grease program Awards program for SIUsAwards program for SIUs Compliance History rating is HighCompliance History rating is High SSO InitiativeSSO Initiative Beneficial sludge useBeneficial sludge use SIU effluent reuse practicesSIU effluent reuse practices
Annual ReportsAnnual ReportsExamples of DeficienciesExamples of Deficiencies
Not submitting the forms in the TPDES permit and the Not submitting the forms in the TPDES permit and the PPS formPPS form
Not sampling SIUs at the required frequency in Not sampling SIUs at the required frequency in approved programapproved program
Not sampling the WWTP at the required frequency in Not sampling the WWTP at the required frequency in the TPDES permitthe TPDES permit
Not sampling for all the additional 30 TAC Chapter Not sampling for all the additional 30 TAC Chapter 307 pollutants307 pollutants
Forgetting to include the most stringent criteria Forgetting to include the most stringent criteria (values) from: TexTox, Hazardous Metals Rule, and (values) from: TexTox, Hazardous Metals Rule, and TPDES permit limitTPDES permit limit
Annual ReportsAnnual ReportsExamples of DeficienciesExamples of Deficiencies
TexTox Reports need to be requested at least one month prior to the annual report due date
TexTox daily average values are given in ug/L o Aquatic Life and/oro Human Health o Compare and select most stringent
Surface Waters
Annual ReportsAnnual ReportsMAHL MAHL versusversus Influent Concentration Influent Concentration
EPA’s Local Limits Development Guidance, July 2004, EPA933-R-04-002A
The % of the MAHL is to be calculated using the following formulas: Equation A: L INF = ( CPOLL x QWWTP x 8.34) / 1000 Equation B: L% = (L INF / MAHL) x 100
Where: L INF = Current Avg influent loading in lb/day CPOLL = Avg concentration in µg/L of all influent samples collected
during the pretreatment year QWWTP = Annual Avg flow of the WWTP in MGD, defined as the
arithmetic average of all daily flow determinations taken within the preceding 12 consecutive calendar months (or during the pretreatment year), and as described in the Definitions and Standard Permit Conditions section
L% = % of the MAHL MAHL = Calculated MAHL in lb/day 8.34 = Unit conversion factor
Transportation Equipment Cleaning Transportation Equipment Cleaning and Metal Finishing?and Metal Finishing?
Transportation Equipment Cleaning (TEC) [40 CFR Part 442] facilities:
generate wastewater from cleaning the interior of tank trucks; closed-top hopper trucks, rail cars, and barges; rail tank cars; intermodal tank containers; tank barges; and ocean/sea tankers used to transport materials or cargos that come into direct contact with the tank or container interior
Categorical industrial users Some TEC facilities also use brighteners to clean the tanker trucks
Question: Is this activity also subject to the Metal Finishing [40 CFR Part 433] regulations?
TCEQ has requested that EPA provide a decision on this “new” discovery
In the meantime, TCEQ only considers these facilities subject to the TEC regulations
Water Quality Standards Water Quality Standards and and Implementation ProceduresImplementation Procedures
The TCEQ has revised the:The TCEQ has revised the: 2000 Texas Surface Water Quality Standards 2000 Texas Surface Water Quality Standards
(TSWQS) and(TSWQS) and Implementation ProceduresImplementation Procedures
Adopted by Commission in June 30, 2010Adopted by Commission in June 30, 2010 Codified in 30 TAC Chapter 307Codified in 30 TAC Chapter 307
Water Quality Standards Water Quality Standards and and Implementation ProceduresImplementation Procedures
Pending EPA reviewPending EPA review Until the EPA approves these, the 2000 Until the EPA approves these, the 2000
TSWQS will apply to: TSWQS will apply to: • federal permits (TPDES) and federal permits (TPDES) and • other Clean Water Act purposesother Clean Water Act purposes
2010 TSWQS effective July 22, 2010, for all 2010 TSWQS effective July 22, 2010, for all State only (non-federal) permitsState only (non-federal) permits
Water Quality Standards Water Quality Standards and and Implementation ProceduresImplementation Procedures
EPA finalized the first round of approvals and EPA finalized the first round of approvals and disapprovals of the 2010 Standards in an action disapprovals of the 2010 Standards in an action letter dated June 29, 2011.letter dated June 29, 2011.
Outstanding portions still under review include: Outstanding portions still under review include: nutrient numeric criteria for reservoirs, nutrient numeric criteria for reservoirs, numeric criteria for the protection of aquatic life,numeric criteria for the protection of aquatic life, the framework for assigning the presumed use of the framework for assigning the presumed use of
secondary contact recreation 1 for certain secondary contact recreation 1 for certain unclassified water bodies, unclassified water bodies,
the Cypress Creek Use-Attainability Analysis, the Cypress Creek Use-Attainability Analysis, and and
the Lavaca River Use-Attainability Analysis.the Lavaca River Use-Attainability Analysis.
Water Quality Standards Water Quality Standards and and Implementation ProceduresImplementation Procedures
TCEQ isTCEQ is revising the Implementation revising the Implementation Procedures based on EPA comments Procedures based on EPA comments
Plan presenting revisions to Commission by Plan presenting revisions to Commission by the February 22, 2012 agenda. the February 22, 2012 agenda.
Revisions will be focused only on: Revisions will be focused only on: the reasonable potential approach for whole the reasonable potential approach for whole
effluent toxicity (WET) and effluent toxicity (WET) and de-chlorination requirements for facilities de-chlorination requirements for facilities
smaller than 1 MGD (facilities larger than 1MGD smaller than 1 MGD (facilities larger than 1MGD already have that requirement). already have that requirement). • EPA wants everyone to de-chlorinate EPA wants everyone to de-chlorinate
Minimum Analytical LevelsMinimum Analytical Levels
The TCEQ has revised the existing The TCEQ has revised the existing MALs and list of approved suggested MALs and list of approved suggested methods for the TPDES programmethods for the TPDES program
Some MALs were updatedSome MALs were updated Lowered due to EPA’s lowered MQLsLowered due to EPA’s lowered MQLs
Many new MALs for additional pollutants Many new MALs for additional pollutants were added to the listwere added to the list
Minimum Analytical LevelsMinimum Analytical Levels
Once MALs are approved by the EPA, the Once MALs are approved by the EPA, the TCEQ will revise the TPDES pretreatment TCEQ will revise the TPDES pretreatment programprogram
For now, please continue to operate under For now, please continue to operate under the existing 2003 MALsthe existing 2003 MALs
Minimum Analytical LevelsMinimum Analytical LevelsWhat does is mean to a pretreatment program?What does is mean to a pretreatment program?
Annual report Annual report effluenteffluent values need to be values need to be reported to “<“ the MALreported to “<“ the MAL
Used to demonstrate that a pollutant is not Used to demonstrate that a pollutant is not present in an IU’s dischargepresent in an IU’s discharge
Combined wastestream formula (CWF) Combined wastestream formula (CWF) alternate categorical pretreatment alternate categorical pretreatment standards may not be below the MALstandards may not be below the MAL If so, CWF cannot be used and the If so, CWF cannot be used and the
wastestreams must be segregatedwastestreams must be segregated
Laboratory AccreditationLaboratory Accreditationand Certificationand Certification
Application Application Fields of accreditation (FoAs)Fields of accreditation (FoAs) Laboratories are assessed against the Laboratories are assessed against the
provisions of the provisions of the 2009 TNI NELAP Standards.
http://www.tceq.state.tx.us/assets/public/compliance/compliance_support/qa/txnelap_lab_list.pdf
TCEQ Investigation ChecklistsTCEQ Investigation Checklists Investigation checklists are posted on the TCEQ’s Investigation checklists are posted on the TCEQ’s
"Businesses" website. "Businesses" website. Includes the Investigation Protocols and Checklists for Includes the Investigation Protocols and Checklists for
all media. all media. Documents developed to assist in the preparation and Documents developed to assist in the preparation and
conduct of investigations related to specific rules, conduct of investigations related to specific rules, regulations, and permits.regulations, and permits.
http://www.tceq.texas.gov/field/investigations/http://www.tceq.texas.gov/field/investigations/investprotocolsinvestprotocols
Go to the "Resources for Businesses" main link, scroll to the Go to the "Resources for Businesses" main link, scroll to the Compliance & Enforcement Section, click on Investigation Protocols Compliance & Enforcement Section, click on Investigation Protocols and Checklistsand Checklists
Pesticides General Permit TXG870000Pesticides General Permit TXG870000
General permit authorizing the application of pesticides General permit authorizing the application of pesticides into or over, including near waters of the U.S. for the into or over, including near waters of the U.S. for the control of mosquito and other insect pests, vegetation and control of mosquito and other insect pests, vegetation and algae, nuisance animal, area-wide pest and forest canopy algae, nuisance animal, area-wide pest and forest canopy pest. pest.
The annual pest management area threshold for mosquito The annual pest management area threshold for mosquito and other insect pests, area-wide pest and forest canopy and other insect pests, area-wide pest and forest canopy pest controls is 6,400 acres or greater.pest controls is 6,400 acres or greater.
For vegetation and algae and nuisance animal controls, For vegetation and algae and nuisance animal controls, the treatment area threshold is 100 acres in water and the treatment area threshold is 100 acres in water and 200 linear miles at water’s edge.200 linear miles at water’s edge.
Permit will be Effective October 31, 2011.Permit will be Effective October 31, 2011.
TPDES Pretreatment Program WebsiteTPDES Pretreatment Program Website
The Pretreatment website is organized as follows: Information for Approved Pretreatment Programs Information for POTWs without Approved Pretreatment
Programs TPDES Permit Pretreatment Requirements Industrial Wastewater Discharges to a POTW: Am I
Regulated? EPA Pretreatment Categories and Standards Reporting Requirements for CIUs Wastewater Pretreatment Training and Seminars Reporting forms, tables, modification checklists
Available on our website:Available on our website: Report forms Report forms
http://www.tceq.state.tx.us/permitting/water_quality/wastewater/pretreatment/index.html
Pretreatment Streamlining Rule Required Modification Pretreatment Streamlining Rule Required Modification ChecklistsChecklists http://www.tceq.state.tx.us/permitting/water_quality/wastewater/pretreatment/http://www.tceq.state.tx.us/permitting/water_quality/wastewater/pretreatment/approved_programs_modifications.htmlapproved_programs_modifications.html
RVIPA BoardRVIPA Board
Election for new At-Large MemberElection for new At-Large Member Selection of new treasurerSelection of new treasurer