Second Public Comment Period for Review of Pollution Control Standards for Discharges to the Ohio River

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1 Ohio River Valley Water Sanitation Commission Second Public Comment Period for Review of Pollution Control Standards for Discharges to the Ohio River This hearing will begin shortly. Thank you for your patience.

2 Welcome to the Hearing Hearing Board: Commissioner FitzGerald Federal Commissioner Frevert- Illinois (PCS Chairman) Commissioner Proxy Goodmann - Kentucky Commissioner Potesta WV (Commission Chair) Presenters: Richard Harrison, P.E. Executive Director Jason Heath, P.E., BCEE Director of Technical Programs

3 Purpose of this Public Review The Commission reviews its standards at least every three years. Reviews include two public comment periods and a public hearing. Purpose of this review is to solicit input from the public on proposed specific revisions to the Pollution Control Standards for Discharges to the Ohio River 2015 Revision.

4 Who is ORSANCO Formed in 1948 by signing of Compact by Governors of 8 states and was approved by the US Congress. IN, IL, KY, NY, OH, PA, VA, WV, Federal Govt. 3 Commissioners from each state and 3 federal Commissioners form ORSANCO s Board of Directors. These are the decision-makers. The Compact provides ORSANCO s mission and authorities. Mission is control of interstate water pollution.

5 ORSANCO Program Areas Regulatory establish Ohio River Pollution Control Standards Water Quality monitoring & assessment Spill Detection/Response (monitoring, communications) Clean Water Act & Safe Drinking Water Act coordination and implementation (TMDLs, NPDES, source water protection, etc ) Applied research (pharmaceuticals, mercury) Public Involvement programs (volunteer monitoring, River Sweep, mobile aquarium)

6 Background The current review began with the appointment of a Commission Ad-Hoc Committee to review its role in water quality standards implementation on June 30, The Ad-Hoc Committee developed 5 alternatives for consideration. The 5 alternatives were distributed for comment to the Commission s advisory committees & TEC. The Ad Hoc Committee recommended a preferred Expanded Alternative #2. The Expanded Alternative #2 also included a Minority Report. All of this information was provided in the Initial Public Review (held Jan. 10 Feb. 24, 2018).

7 Hearing Procedures Following this presentation, testimony will be accepted. Comments will become part of the official record. We will be inviting speakers in the order in which we received their request to speak. We will then open it to all others. Please limit your comments to 5 minutes. There will be no Q&A session during the hearing. Questions may be directed to Jason Heath or Richard Harrison after the hearing.

8 Initial Public Comments Received Third-Party s not in favor of Alternative#2. Meaning they were generated through a website such as National Wildlife Federation Detailed comments from entities not in favor of Alternative #2. Sometimes submitted by multiple entities. Sometimes also stated support for Alternatives #3 and/or #4. 17 Detailed comments from entities in favor of Alternative #2. All of this information is available on the website under the Initial Public Review.

9 The Second Public Review On June 7, 2018, the Commission voted to proceed to a second public review. Specific revisions to standards are being proposed. Comment period is June 26 through August 10, 2018 (extended to Aug. 20). Hearing on July 6pm at the Cincinnati Airport Holiday Inn. Webinars July 3pm and July 6pm.

10 2015 Pollution Control Standards (Current) TABLE OF CONTENTS I. CHAPTER 1: GENERAL PROVISIONS AUTHORITY AND PURPOSE DEFINITIONS GENERAL CONDITIONS LIMITATIONS SEVERABILITY CLAUSE VARIANCES SITE SPECIFIC CRITERIA...7 II. CHAPTER 2: DESIGNATED USES USES AS ESTABLISHED BY THE OHIO RIVER VALLEY WATER SANITATION COMPACT DEFINITION / CLARIFICATION OF USES...7 III. CHAPTER 3: WATER QUALITY CRITERIA WATER QUALITY CRITERIA SUMMARY AQUATIC LIFE PROTECTION HUMAN HEALTH PROTECTION...16 IV. CHAPTER 4: MIXING ZONE DESIGNATION...17 V. CHAPTER 5: WASTEWATER DISCHARGE REQUIREMENTS GENERAL CRITICAL FLOW WASTEWATER DISCHARGES FOR CHEMICAL CONSTITUENTS SEWAGE INDUSTRIAL WASTES, INCLUDING TOXIC WASTES RESIDUES FROM POTABLE WATER TREATMENT PLANTS COOLING WATER OTHER WASTES ANALYTICAL METHODS...25

11 Proposed Standards Revision TABLE OF CONTENTS I. CHAPTER 1: GENERAL PROVISIONS AUTHORITY AND PURPOSE DEFINITIONS GENERAL CONDITIONS LIMITATIONS SEVERABILITY CLAUSE...4 II. CHAPTER 2: DESIGNATED USES USES AS ESTABLISHED BY THE OHIO RIVER VALLEY WATER SANITATION COMPACT...4 III. CHAPTER 3: WASTEWATER DISCHARGE REQUIREMENTS GENERAL SEWAGE ANALYTICAL METHODS...4

12 Proposed Revisions Chap 1.1 Authority and Purpose Language deleted and added. Chap 1.2 Definitions Non-applicable definitions removed. Chap 1.3 General Conditions 4 freedoms deleted, 1 freedom added consistent with Compact language. Chap 1.6 Variances -- section removed. Chap 1.7 Site Specific Criteria -- section removed. Chap 2.1 Designated Uses Modified consistent with Compact language. Chap 2.2 Clarification of Uses section removed.

13 Proposed Revisions (cont.) Chap 3 Water Quality Criteria Section removed. Chap 4 Mixing Zone Designation Section removed. Chap 5 Wastewater Discharge Reqs Sections removed Placarding, Critical Flow, Alternative Treatment, Combined Sewers, Industrial Wastes, Residues from Potable Water Treatment Plants, Cooling Water, and Other Wastes. Wastewater reqs. modified to be consistent with Compact language. Appendices removed.

14 Public Notification Notice of Hearing sent to: 197 media outlets citizens and ORSANCO affiliates. 719 postcards send to permittees. Website has been established to support the public review:

15 Schedule Public review and hearing announced June 26. Informational webinars July 12, 3pm and July 19, 6pm. Hearing July 6pm, Cincinnati Airport Holiday Inn. Public comment period closes August 10 (extended to Aug 20). Possible Commission action at its regularly scheduled meeting on October 4, Lansing, WV.

16 Public Comment Comments must be submitted in writing by mail or by midnight August 10, 2018 (extended to Aug. 20). Instructions on submitting comments on website. directly from sender to ORSANCO at No attachments. Mail to ORSANCO, 5735 Kellogg Ave, Cincinnati, OH Today s comments not part of the official record. All information/instructions at

17 We will now accept testimony for the record. Please direct questions after the hearing to Jason Heath, P.E., BCEE