New Human Health Based Water Quality Criteria and Bacteria Criteria

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1 Water Quality Standards Program New Human Health Based Water Quality Criteria and Bacteria Criteria Presentation for Wastewater Breakout Session of the 2017 Focus on Change Division of Environmental Assessment and Restoration

2 Summary of Presentation Human Health-Based Criteria Background Info New and Revised Criteria Legal Status Implementation in Permits Bacteria Criteria Background Info New Criteria Status and Implementation Issues 1/18/2017 2

3 Background A Human Health Ambient Water Quality Criterion (HHC) is the highest concentration of a pollutant in water that is not expected to cause adverse effects to human health Objective is to set criteria that allow Floridians to safely eat Florida fish and shellfish, and safely drink local tap water their entire lives 1/18/2017 3

4 Approach Overview Previous HHC were adopted in 1992, and DEP needed to update the criteria to reflect latest scientific information DEP used a consistent science based approach with inputs consistent with EPA national recommendations and guidance Used probabilistic approach, which provides more complete evaluation of full range of potential risks to the population 1/18/2017 4

5 Included Parameters Revised HHC for 43 parameters previously listed in Chapter , F.A.C. Added new criteria for an additional 39 parameters (priority pollutants) More stringent Aquatic Life based criteria were retained for several parameters alpha endosulfan, beta endosulfan, Endosulfan sulfate, Endrin, Selenium, gamma Hexachlorocyclohexane, Toxaphene, and Cyanide (Class III) More stringent organoleptic based criterion for Phenol was retained 1/18/2017 5

6 Parameters that are Not Covered DEP did not update several parameters listed among EPA s national recommended HHC DEP did not update or add 5 banned pesticides 5 for which we have already adopted criteria consistent with EPA (e.g., pathogens) 3 metals for which aquatic life uses are more sensitive and EPA did not update in for which EPA is still conducting technical reviews (e.g., dioxin, arsenic) 1 (asbestos), which is better addressed through drinking water standards (Maximum Contaminant Level) 1/18/2017 6

7 HHC Equations Non cancer Effects: Cancer Effects: Where: SWQC = surface water quality criterion (ug/l) RfD = parameter specific reference dose (mg/kg day) RSC = Relative source contribution factor to account for non water sources of exposure CSF = Cancer slope factor (mg/kg day) Risk = Incremental life time increased cancer risk (10 6 or 10 5 ) BW = body weight (kg) DI = drinking water intake, from surface water sources (L/day) FCR i = fish consumption rate for aquatic TLs 2, 3, and 4 (kg/day) BAF i = bioaccumulation factor for aquatic TLs 2, 3, and 4 (L/Kg) or BCF for all trophic levels Σ 4 i=2 = summation of values for aquatic trophic levels (TLs), where the letter i stands for the TLs to be considered, starting with TL2 and proceeding to TL4. 1/18/2017 7

8 Human Health Criteria Input Comparison Assumption/Input FL s Previous Criteria 2015 EPA National Recommendation Body Weight (BW) 70 kg 80 kg (Mean) (Mean) Drinking Water Consumption (DI) Fish Consumption Rate (FCR) Bioconcentration (BCF) Bioaccumulation (BAF) 2.0 L/day (86 th Percentile) 6.5 g/day (Mean consumption) Parameter specific BCF (lab tests) 2.4 L/day (90 th Percentile) (Mean) 90 th Percentile TL2: (3.1) 7.6 g/day TL3: (3.6) 8.6 g/day TL4: (2.3) 5.1 g/day Total: (9.2) 21.3 g/day Parameter specific BAFs by trophic level 1 Florida Approach Distribution based on the same source as EPA s 2015 Recommendation Distribution based on the same source as EPA s 2015 Recommendation (Mean: 1.0 L/day; 90 th Percentile: 2.4 L/day) Trophic level specific distributions for Gulf Coast, Atlantic, and Inland South and a distribution for proportion FL population in each region (Mean Total: 12.3 g/day; 90 th Percentile Total: 24.2 g/day) Parameter specific BAFs by trophic level 1 (Adjusted for FL Conditions) Latest values following hierarchy of sources (Same as EPA) (Same as EPA) Toxicity (RfD and CSF) IRIS values Latest values following hierarchy of sources 2 RSC (non carcinogens) (Most at 1.0) (Most at 0.2) Cancer Risk 1:1,000,000 1:1,000,000 to 1:100, :1,000,000 and 1:100, BCF where there were insufficient data to derive BAFs for all three trophic levels. 2. DOH concurred with EPA s approach and concluded they followed a defensible approach. 3. EPA guidance allows states to set risk level between 1:1,000,000 and 1:100,000 based on state policy, provided highly exposed populations are protected at 1:10,000 1/18/2017 8

9 Criteria Duration All HHC expressed as annual averages because they are based on long term studies ( 1 year) However, no minimum sample size for annual average in Chapter , F.A.C., so a single sample can be assessed as an annual average 1/18/2017 9

10 Additional Information 1/18/

11 Legal Status Criteria approved by Environmental Regulation Commission on July 26, 2016, and went into effect on November 17, 2016 for State purposes However, Seminole Tribe of Florida, City of Miami, Florida Pulp and Paper, and Martin County filed rule challenges All challenges were dismissed on Sept. 13 because they were not timely filed Three petitioners appealed, and it could be 6 months to a year before the appeals are resolved, and another 6 months to a year before EPA reviews and criteria in effect for Clean Water Act 1/18/

12 Implementation Once approved by EPA, will implement new/revised criteria in NPDES permits upon renewal Do not plan to re open permits, and will allow time to come into compliance for new or more stringent criteria Applicants for NPDES permits already required to sample for priority pollutants as part of application DEP permit writer will evaluate whether there is Reasonable Potential to exceed criteria, and if so, add effluent limit 1/18/

13 Revision of Bacteria Criteria For recreation use support, changed from fecal coliforms to E. coli in freshwater and enterococci in marine waters Based on EPA recommended values EPA s epidemiological bathing beach studies indicate E. coli and enterococci correlate better with recreational bather illness than fecal coliforms Keeping fecal coliforms for Class II (shellfish) waters 1/18/

14 Revision of Bacteria Criteria (continued) New criteria include a monthly geometric mean (MGM) and upper value not to be exceeded in 10% or more of the samples during any 30-day period (Ten Percent Threshold Value or TPTV), with units of number 1 /100 ml For E. coli, MGM is 126 and TPTV is 410 For Enterococci, MGM is 35 and TPTV is 130 MGM based on a minimum of either 5 samples (Class I) or 10 samples (Class III) taken over a 30-day period No minimum sample size for TPTV 1 Number of colony forming units 1/18/

15 Legal Status Criteria approved by Environmental Regulation Commission on Dec. 9, 2015, and went into effect on February 17, 2016 for State purposes However, new criteria still haven t been approved by EPA, and therefore are not yet in effect for Clean Water Act purposes 1/18/

16 Implementation Once approved by EPA, will implement new/revised criteria in NPDES permits upon renewal Do not plan to re open permits, and will allow time to come into compliance for new or more stringent criteria Domestic wastewater facilities discharging to surface waters will be required to demonstrate they attain criteria applicable to their receiving waters May have to monitor for E. coli if discharge to fresh waters, and enterococci if discharge to marine waters Sampling frequency not impacted by change in indicator Still based on type and flow 1/18/

17 Implementation (continued) Domestic wastewater facilities will also have to monitor for fecal coliforms to demonstrate compliance with disinfection requirements Once there is sufficient paired data to assess the relationship between fecal coliforms and E. coli or enterococci, the department will revisit disinfection requirements to potentially streamline monitoring 1/18/

18 Discharges to Class III Fresh Waters Fecal coliform permit limits vary depending on level of disinfection required For basic disinfection, must be < 200 #/100 ml as annual average and MGM, with no more than 10% of samples > 400, and no single sample > 800 For intermediate disinfection, must meet an annual average AND monthly median < 14 #/100 ml, with no more than 10% of samples > 43 and no single sample > 86 For high level disinfection, single samples must be less than 25, with at least 75% of samples < detection If provide intermediate or high level disinfection, do not need to sample for E. coli because already have Reasonable Assurance that criteria met E. coli is subset of fecal coliforms If only provide basic disinfection, must also sample for E. coli MGM must be < 126, with < 10% of samples above 410 If sample < 10 times per month, still calculate and report MGM on DMR, but only assess the TPTV 1/18/

19 Discharges to Class III Marine Waters Fecal coliform permit limits vary depending on level of disinfection required, same as for discharge to fresh water Must also sample for Enterococci Sample frequency dependent on discharge volume MGM must be < 35, with < 10% of samples above 130 If sample < 10 times per month, still calculate and report MGM on DMR, but only assess the TPTV 1/18/

20 Discharges to Class II Waters (Shellfish Harvesting) For discharges to Class II waters, must sample for fecal coliforms (FC) to demonstrate intermediate or high level disinfection is provided If intermediate disinfection required, samples must meet an annual average AND monthly median < 14 #/100 ml, with no more than 10% of samples > 43 and no single sample > 86 If high level disinfection required, single samples must be less than 25, with at least 75% of samples < detection 1/18/

21 Discharges to Class II Waters (Shellfish Harvesting) (continued) If provide intermediate disinfection, must also assess FC samples to demonstrate meet Class II FC criteria Monthly median < 14, with less than 10% of values above 43 #/100 ml for Most Probable Number (MPN) or above 31 #/100 ml for Membrane Filter (MF), Must also sample for Enterococci Sample frequency dependent on discharge volume MGM must be < 35, with < 10% of samples above 130 If sample < 10 times per month, still calculate and report MGM on DMR, but only assess the TPTV 1/18/

22 Discharges to Class I Waters (Drinking Water Supplies) For discharges to Class I waters, disinfection requirement is to meet drinking water standard for Total Coliforms (TC) Must sample for TC daily, and if any TC sample is positive, then must analyze for E. coli Out of compliance with primary drinking water standards if A sample is positive for both TC and E. coli, and the subsequent day s TC sample is positive, or A sample is positive for TC and the subsequent day s sample is positive for TC and E. coli 1/18/

23 Discharges to Class I Waters (Drinking Water Supplies) (continued) If sample for E. coli due to positive TC results MGM must be < 126, with < 10% of samples above 410 If sample < 5 times per month, still calculate and report MGM on DMR, but only assess the TPTV 1/18/

24 For More Information Daryll Joyner, Water Quality Standards Program Administrator Phone: (850) /18/

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