Ohio EPA Division of Surface Water. OWEA Annual Conference George Elmaraghy, Chief, P.E. June 20, 2013

Transcription

1 Ohio EPA Division of Surface Water OWEA Annual Conference George Elmaraghy, Chief, P.E. June 20, 2013

2 Overview Ohio Nutrient Strategy State Updates Federal Updates

3 OHIO NUTRIENT REDUCTION STRATEGY Photograph by Peter Essick, Lake Erie in 2011, National Geographic

4 GOAL To reduce impact of nutrients on water quality

5 Background State nutrient reduction strategies part of Mississippi River Gulf of Mexico Watershed Nutrient Task Force 2008 Action Plan Ohio decided on state-wide strategy Grand Lake St. Marys & Lake Erie blooms Strategy will be used to direct funding & Agency resources

6 Timeline Ohio submitted draft strategy framework to U.S. EPA Region 5 in Nov Two Workgroups met & compiled final recommendations Directors Agricultural Nutrients and Water Quality Working Group Point Source & Urban Runoff Nutrient Workgroup Finalizing strategy & submitting to U.S. EPA - June 2013

7 Structure Assessment of current efforts, outlines path forward Follows basic framework for state nutrient strategies as laid out in U.S. EPA s 2011 guidance Incorporates workgroup recommendations as appropriate

8 Strategic Principals Implement TMDLs and watershed plans Align resources to Ohio s water quality goals Fund projects that eliminate impairments and restore waters Protect high quality waters

9 Priorities General criteria for prioritizing watersheds Largest contributors of phosphorus to Lake Erie and Ohio River Watersheds with Total Maximum Daily Load studies Watersheds with watershed action plans Downstream impacts (hypoxia for example)

10 Ohio s Priority Watersheds Maumee River Sandusky River Cuyahoga River Great Miami River Scioto River Wabash River

11 (from USGS SPARROW model output, USEPA web page)

12 Load Reduction Goals Ohio has completed 222 nutrient TMDLs in priority watersheds (basins listed on previous slide) since 2002 Serve as our measuring stick

13 Nutrient Sources (Where We Will Find Load Reductions) Point Sources Municipal and industrial wastewater treatment plants Nonpoint Sources Agricultural Urban & Suburban storm water

14 Point Sources Phase in water quality based effluent limits for phosphorus derived from TMDL/WLA calculations In general, P limits only if receiving stream is impaired or threatened Start with limit of 1 mg/l P or current load allow exploration of trading or other options P limits not imposed if water quality improvement not expected

15 Initial P NPDES Limits for POTWs >1 MGD Condition of Water Guidelines for Initial NPDES Permit Content LEB Not impaired for nutrients Impaired for nutrients Limit at 1.0 mg/l at design flow, per longstanding Lake Erie policy Limit at lower of 1.0 mg/l at design flow or existing permitted load (with trading option, habitat fixes). POTW to minimize P discharge by optimizing existing treatment ORB Not impaired for nutrients Impaired for nutrients Include existing effluent load in TMDL WLA. No P limit; monitoring Limit at lower of 1.0 mg/l at design flow or existing permitted load (with trading option, habitat fixes). POTW to minimize P discharge by optimizing existing treatment

16 Initial P NPDES Limits for POTWs <1 MGD Design Flow (MGD) 1.0 to To Less than Condition of Water WLA and NPDES Permit Content Not impaired for nutrients Include load in TMDL WLA. Monitoring Impaired for nutrients (P); source is predominant contributor Impaired for nutrients (P); source is one of multiple contributors Limit at 1.0 mg/l at design flow Limit at 1.0 mg/l at design flow if P limits will improve biology. Monitoring if no limit Not impaired for nutrients Include load TMDL WLA. Monitoring Impaired for nutrients; source is predominant contributor Impaired for nutrients; source is one of multiple contributors Any situation Limit at 1.0 mg/l at design flow Include load in TMDL WLA. Monitoring Include load in TMDL WLA. Monitoring

17 Nonpoint Sources Key point doing more of the same will not fix today s problems Strategic framework Reduce nutrient loadings Improve assimilative capacity of streams

18 Broad Strategies for Ag NPS Upland management Limit nutrients to agronomic needs Livestock management Improve manure management Drainage water management Reduce rate & amount of runoff Riparian management Install effective buffers Groundwater protection measures Outreach & education 4Rs

19 Ag NPS Cont. Target conservation funding in small area (HUC 12) to effective conservation practices Will require real adjustments to federal, state and county level programmatic thinking

20 Nutrient Reduction Demonstrations Sandusky River - Loss Creek Subwatershed Project Partners Crawford County SWCD Ohio State Extension Sandusky Watershed Coalition Ohio EPA US EPA Great Lakes Office Funded under provisions of an FY11 Great Lakes Restoration Initiative Grant to Ohio EPA Engaging agriculture in innovative ways to reduce phosphorus loss to the Sandusky River

21 Nutrient Reduction Demonstrations Maumee River - Powell Creek Subwatershed FY12 US EPA Great Lakes Initiative Grant to Ohio EPA Partnership with Defiance SWCD, Defiance Health Dept. & ODNR Implementing Powell Creek TMDL by engaging agriculture to implement nutrient reduction activities in highly targeted ways

22 Urban & Suburban Nonpoint Source Gray solutions are out, green infrastructure is in Encourages specific practice examples in following categories: Low impact development & other green design strategies BMPs to slow down, store and infiltrate runoff from impervious surfaces Sediment control BMPs

23 Urban Nutrient Reduction Demonstrations Cuyahoga River Cuyahoga County GLRI FY 10 and FY12 GLRI-SWIF Grant Program More then 30 NPS management projects have been funded with GLRI & SWIF grants and many are already completed

24 Accountability and Verification Measures Ohio will provide accountability & verification of progress by tracking: Restoration of beneficial uses in targeted watersheds Impact of nutrients on water quality and beneficial uses Annual nutrient loading estimates for six priority watersheds and point sources Implementation actions

25 Nutrient Water Quality Criteria March 2013 released the rulemaking notice of Early Stakeholder Outreach Includes criteria for streams, rivers & lakes (does not include large rivers) Initial feedback in support of Ohio s approach Expect to continue rulemaking process through 2014

26 STATE UPDATES

27 HABs Recreation season started, ODNR sampling No changes to 2012 HAB Strategy Recreational Public Health Advisory posted when toxin levels exceed recommended threshold No Contact Advisory posted when toxin levels exceed recommended threshold & human illness or pet deaths Advisories posted for GLSM New interactive map

28 2012 Public Health Advisories HABs at: 8 State Park lakes State Park Lake Erie Beaches Public Health Advisories Grand Lake St. Marys Buckeye Lake Maumee Bay Beach Euclid Beach (central basin bloom)

29 Sulfate Limits in Coal NPDES USEPA 2011 Guidance Concern states not conducting reasonable potential reviews in permit development Ohio only has narrative criteria Using best science to translate narrative criteria into numeric to determine reasonable potential Similar to how we currently handle Phosphorus (1999 Associations document) Recent Supreme Court ruling backs Agency will not hear Blackstone v. EPA

30 Fairfield Co. Tussing Rd. NPDES Appeal ERAC decision appeal by County & Ohio EPA Fairfield Co. s assignments of error ERAC s ruling that Ohio EPA had a valid factual foundation for P effluent limits ERAC s ruling that Ohio EPA had a valid factual foundation for TDS effluent limits ERAC s failure to determine that P & TDS limits were technically infeasible and economically unreasonable

31 Fairfield Co. Tussing Rd. NPDES Appeal Cont. Ohio EPA s assignments of error: ERAC improperly interpreted obligations under R.C (J)(3) as requiring the Director to evaluate economic reasonableness and technical feasibility of a pollutant limitation even where Director is obligated, pursuant to CWA, to impose specified pollutant limitation ERAC improperly considered biological data submitted by Fairfield Co. that was not considered credible pursuant to OAC

32 Fairfield Co. Tussing Rd. NPDES Appeal Cont. Appeals Court overruled County & Ohio EPA's assignments of error, affirmed final order of ERAC. Portions of NPDES permit relating to phosphorus and TDS limits vacated and remanded to Ohio EPA for further proceedings consideration of technical feasibility and economic reasonableness of the P & TDS effluent limits Ohio EPA appealing to Ohio Supreme Court

33 General Permit to Install for Gravity Sewers Draft renewal available for comment until 7/15 Covers: Straight forward sanitary sewer extensions Sanitary sewers 8 to 12 inches in diameter Not located in or near special waters/wetlands Consistent with 208 plan Not associated with enforcement or previous noncompliance

34 General PTI Cont. Revisions include: Removed limitation that all downstream sewers be approved by Ohio EPA Require manhole collar extensions max of 12 inches Require resilient connectors between manholes, pipes and laterals to meet ASTM C-923

35 State Legislation Update HB 59 State Biennium Budget, Senate working on companion bill 404 Delegation Language removed from House version Asking Senate to reinstate Wait & see

36 Lake Facilities Authorities Budget Senate Substitute Bill Creates Lake Facilities Authorities in areas of lakes with certain HAB levels Residents and local officials will have ability to generate own funding and make management decisions for algae mitigation can apply for grants, operate facilities, sell bonds, and place levies on ballot activities must be directly connected to algae mitigation in lake

37 Revisions to State Oil & Gas Law HB 148, introduced 4/30/2013 Prohibits deep well injection and disposal of brine on land or in surface and ground waters Requires brine to be disposed of only by methods approved by the chief for testing or implementing a new technology or method of disposal

38 Emerging Issues Water and Sewer Rates/Planning Strategies for reducing financial burden of sewer connections Avoid unjustified surcharges for water/sewage rates Encourage regionalization of drinking water and wastewater planning

39 Un-sewered Area Assistance Program New program from OWDA assist communities with addition grant funds when other eligible grant funding is just not enough Grants for POTWs for un-sewered areas with documented failing on-site systems MHI of area served must be below state MHI PTI approved by Ohio EPA Documentation of application for other grant funding

40 Battelle Fracking Project Ohio EPA/ODNR working with Battelle to identify fracking wastewater treatment technologies to increase water reuse & decrease deep well injection. Battelle will: Establish basis for assessing technologies - water management, environmental and health protection and technology suitability Develop assessment process to evaluate proposed treatment & reuse technologies Demonstrate assessment process for selected technologies

41 Beneficial Use Rulemaking Second Early Stakeholder Outreach for Beneficial Use rules Includes conceptual draft rule language Select wastes - solid, industrial & other wastes, soil and sediments Excludes already regulated items - scrap tires, biosolids, compost, manure, etc.

42 Beneficial Use Cont. Excludes wastes incorporated into construction materials such as asphalt, concrete, chip & seal pavement, grout, glass and masonry units. May include categories for exempted wastes, permit-by-rule, general and individual permits Stakeholder meeting June 12 Comment deadline June 21

43 Delisting Criteria for AOCs Ohio s Areas of Concern areas identified in 1980s as most environmentally degraded along Lake Erie s coast 4 areas Ashtabula, Black, Cuyahoga, Maumee 14 beneficial use impairments must be remediated to delist the AOC end goal! Currently revising Delisting Guidance and Restoration Targets for Ohio s AOCs developed in 2005 Hope to finalize by Fall 2013

44 Why Revise Now? Update references to reflect revised WQS & other criteria Adjust targets as needed to align with original intent of AOC program address extraordinary problem and want at least as good as non-aoc Lake Erie waters Identify and use targets that are measureable and affordable Explain steps to remove BUIs and delist AOCs & clarify roles and responsibilities of State, local RAP and federal partners

45 FEDERAL UPDATES

46 New Acts National Association of Clean Water Agencies looking for sponsor for Wet Weather Community Sustainability Act Would allow modified NPDES permit conditions that apply during periods of peak wet weather if the POTW has an approved Peak Wet Weather Management Plan Emphasize this approach in lieu of consent decrees or administrative orders to address CSOs/SSOs

47 U.S. EPA Proposed Steam Electric Power ELGs Current 1982 ELGs do not adequate address toxic metals focus on particulate rather than dissolved pollutants New technologies for generating electric power & installation of air pollution controls have altered/created new waste streams

48 Rule addresses following process/byproduct wastewater streams: Flue gas desulfurization Fly ash Bottom ash Flue gas mercury control Gasification of fuels such as coal & petroleum coke Accepting comments on four preferred alternatives for existing sources

49 Proposed Revisions to U.S. EPA Storm Water Regulations Areas under consideration: Prescriptive MS4 post-construction water quality requirements; Expansion of the MS4 program beyond urbanized areas; MS4 retro-fitting requirements for previously developed areas with no water quality controls; Single set of requirements for Phase I and Phase II MS4s; and Specific requirements for Department of Transportations. Proposed Rules Expected June 2013

50 Questions? George Elmaraghy Chief, Division of Surface Water