TMDLs and Phosphorus Compliance: Reconnaissance, Creative Solutions and Partnerships

Transcription

1 TMDLs and Phosphorus Compliance: Reconnaissance, Creative Solutions and Partnerships

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3 Agenda Overview of TMDLs & Phosphorus Regulations Compliance Options Take away

4 Phosphorus Standards Est. in 2011 NR 102 WQ Standards for Phosphorus NR 217 Implementation of phosphorus standards in WPDES permits NR 151 Agricultural performance standards for phosphorus. All WPDES permits issued after December 2010 Compliance schedule = up to 7 to 9 years Limits based on one of the following TBL (Technology Based Limits) WQBEL (Water Quality Based Effluent Limits) limits based on the receiving water TMDL watershed based Building a Better World for All of Us

5 Adjusting Phosphorus Limits TMDL-derived limits Site-specific criteria: less stringent phosphorus limits where water quality goals are being attained despite elevated phosphorus levels Variance waters: surface waters not capable of meeting the fishable or swimmable goals some streams have too little flow to support a healthy fish community Building a Better World for All of Us

6 Total Maximum Daily Load Required for impaired waters under CWA Amount of pollutant that the watershed can receive and still meet water quality standards load allocations (nonpoint sources) + waste load allocations (point sources) + margin of safety TMDL Included in WPDES permits Municipal Wastewater Dischargers Industrial Wastewater Dischargers (cheese factories, breweries) Municipal Separate Storm Sewer System (MS4/TMDL) Non-contact cooling water Concentrated Animal Feeding Operations (CAFO) Building a Better World for All of Us

7 Status of TMDLs Building a Better World for All of Us

8 Compliance Options Variances Individual Variance Multi-discharger Variance Adaptive Management Water Quality Trading On-site evaluations Modeling of existing BMPs Facility Upgrades (Wastewater dischargers) New treatment BMPs (MS4/TMDLs) Consumptive Use Building a Better World for All of Us

9 Variances Process & submittal requirements in s. 283, Stats. & NR 200 & 217, Wis. Adm. Code Individual Economic Hardship Variance Site specific analysis Will it cause substantial and widespread adverse social and economic impacts in the area where the permittee is located Only for specific permit term (5 yrs) State standards loosely based on EPA guidance The application for the variance can occur during either the first or the second permit term. Have to do pollution prevention projects Building a Better World for All of Us

10 Multi-Discharger variance Must be approved by EPA final package mailed to EPA on March 30, DNR/DOA = economic analysis for state Table to identify the type of permittee that may be eligible. Still need to apply and conduct facility/municipal specific analysis to determine final eligibility NOT a free pass Interim limits- progressively more restrictive Also must do one of the following Pay $ to county - $50/lb/year over target value Adaptive Management projects 3 rd party to reduce phosphorus discharge Building a Better World for All of Us

11 Multi-Discharger Variance More streamlined approach simplifies the application and review process. EPA = discretionary review over individual requests Watershed improvements spelled out for entire state rather than being site-specific. Building a Better World for All of Us

12 Comparisons EPA s Water Quality Trading Toolkit Building a Better World for All of Us

13 Adaptive Management Watershed efforts to reduce phosphorus Partnerships to implement BMPs upstream Typically Agricultural Landowners In-stream monitoring to show BMPs are working If not working at the end of 15 yrs, will need to look at WQ trading or treatment BMPs Good option if waterbody is close to achieving water quality standard for phosphorus More flexible implementation than WQ trading Permit compliance timeline extended (15yrs) to identifying and implementing measures Building a Better World for All of Us

14 Adaptive Management Building a Better World for All of Us

15 Examples Building a Better World for All of Us

16 Water Quality Trading Compliance with discharge limit Point source (PS) pays someone to achieve less costly pollutant reduction in watershed. PS or Non-PS (ag., municipalities) Limited circumstances a non-ps can buy from another non-ps Can be upstream or downstream Trade ratios to quantify reductions Long-term if practice/activity is maintained Building a Better World for All of Us

17 Water Quality Trading Practices must be in place prior to credit use Not as flexible as adaptive management. Agreement to buy credits and practices used to generate credits must be established up front. Compliance schedule typically 5 years or less. Practices must have quantifiable reductions May not be a viable compliance option for some due to Costs No credit generators in their watershed Building a Better World for All of Us

18 Examples John Clancy, Godfrey & Kahn- CSWEA 2016 Government Afffairs Seminar /5_B_John_Clancy_1035_Baker_Cheese_Example.pdf Baker Cheese New wastewater treatment facility Previously trucked waste to WWTP Had phosphorus limit of mg/l & 0.16 lb/d New discharge = must achieve P-standards on day 1 Chemical treatment in the facility = discharge at mg/l Purchased nearby farm fields with phosphorus runoff and restored the fields to native prairie Permanent credits generated to help facility meet discharge limits Credits placed in annual bank for use Use/withdraw credits from bank as needed Building a Better World for All of Us

19 Examples Red Cedar River Nutrient Trading Pilot Program City of Cumberland Paying farmers in the watershed to install BMPs Nutrient management planning & no-tillage More than 60 BMPs purchased Required to purchase 4,400 pounds of phosphorus credits per year Farmers may receive payment for a BMP for 3 years Barron Co. LCD = 3 rd party facilitator to est. Ks Trade ratio of 2:1 City has paid $58,000 to remove 31, 500 lbs of P Building a Better World for All of Us

20 Out of state example City of Princeton WWTP, Minnesota Previously discharge infiltrated into groundwater Groundwater contamination & high groundwater New discharge to Rum River (ORW in MN) Phosphorus limits strict because of anti-degradation requirements To meet the phosphorus limits Facility upgrade Water Quality trading with non-point sources Shoreland restoration projects

21 MS4/TMDL PERMIT OVERVIEW IMPAIRED WATERBODY EXAMPLE MASON CREEK

22 MS4/TMDL ROCK RIVER BASIN MAJOR SUB-BASINS IMPAIRED WATERBODIES

23 MS4/TMDL PERMITS ROCK RIVER BASIN TOWN OF OCONOMOWOC TOWN OF MERTON VILLAGE OF MERTON CITY OF DELAFIELD VILLAGE OF SUMMIT SEH COMMUNITIES WITHIN THE ROCK RIVER BASIN

24 MS4/TMDL PERMIT OVERVIEW SECTION 1: APPLICABILITY CRITERIA

25 MS4/TMDL PERMIT OVERVIEW SECTION 1: APPLICABILITY CRITERIA TMDL Required for Impaired waterbodies (Sec. 303d) identified by WDNR & EPA TMDL generated for all pollutants violating water quality standards for each impaired waterbody TMDL = WLA + LA + MOS WLA = Waste Load Allocation (point sources such as WWTFs, MS4/TMDLs, and general permits) LA = Load Allocation (nonpoint sources such as agriculture, forest/wetland, non-permitted urban) MOS = Margin of Safety Total Suspended Solids (TSS) and Total Phosphorus (TP) for MS4/TMDLs has its own WLA, as defined by the TMDL, for each Reachshed of an impaired waterbody

26 MS4/TMDL PERMIT COMPLIANCE WATER QUALITY MONITORING WATERSHEDS EVALUATED FOR TSS AND TP LOADING USING WINSLAMM WATERSHED DELINEATED BASED ON DRAINAGE AREA FOR OUTFALLS AND/OR TREATMENT PRACTICES TREATMENT PRACTICES GRASS SWALES, INFILTRATION AND WET PONDS, FILTER STRIPS, CATCH BASINS AND STREET SWEEPING (ONLY STREETS WITH CURB & GUTTER ARE ELIGIBLE WATERSHED CAN BE EXCLUDED FROM MODELING IF: AREA DOES NOT DRAIN THROUGH MS4/TMDL AGRICULTURAL LAND USE UNDEVELOPED PARCEL LARGER THAN 5 ACRES STATE OR INTERSTATE TRANSPORTATION OUTSIDE THE URBANIZED AREA FROM DECENNIAL CENSUS

27 MS4/TMDL PERMIT COMPLIANCE Reachsheds Urbanized Area Modeled Area Unmodeled Area

28 MS4/TMDL PERMIT COMPLIANCE TMDL COMPLIANCE UPDATED WINSLAMM FILES USED FOR INITIAL WATER QUALITY STANDARDS REQUIREMENTS (20% TSS REDUCTION) INITIALLY MODELED EACH WATERSHED IN WINSLAMM WITH NO CONTROLS MODELED EACH WATERSHED WITH CONTROLS INCORPORATED ANY BMP S SWALES & FILTER STRIPS WET PONDS, BIOFILTERS AND CATCH BASINS USED WDNR TABLE 2: DESIGN INFILTRATION RATES FOR SOIL TEXTURES RECEIVING STORMWATER BASED ON RAWLS, 1998 OUTPUT RESULTS FOR NO CONTROLS & EXISTING CONDITIONS

29 MS4/TMDL PERMIT COMPLIANCE TMDL % REDUCTION REQUIREMENTS BASED ON TMDL WATER QUALITY POLLUTANT LOAD ALLOCATIONS Reachshed Municipalities within Reachshed Required TSS % Reduction Required TP % Reduction 23 Town of Merton 47% 36% 25 Oconomowoc Merton (Town & Village) 59% 74% 55 Merton (Town & Village) 66% 77%

30 MS4/TMDL PERMIT COMPLIANCE TSS % Reductions TP % Reductions Reachshed Required Ocono. T. Merton V. Merton Required Ocono. T. Merton V. Merton ID/Fox River % 69.6% 58.8% % 69.3% 55.3% 23 47% % - 36% % % 52.5% 43.5% 83.6% 74% 49.1% 39.6% 75.7% 55 66% % 66.8% 77% % 61.6% NOTE: ID = INTERNALLY DRAINED CONSERVATIVE VALUES!

31 MS4/TMDL PERMIT COMPLIANCE TMDL ANALYSIS CONTINUED: INFILTROMETER TESTING TOWNS OF OCONO. & MERTON MAP CREATED WITH RECOMMENDED TEST LOCATIONS, SUBMITTED TO AND APPROVED BY WDNR FIELD TESTING CONDUCTED TO GET REAL INFILTRATION RATES LOW HIGH ALLOWS FOR MORE ACCURATE WINSLAMM MODELING OF TSS & TP REDUCTION Test Location Infiltration Rate Modeled Area Unmodeled Area

32 MS4/TMDL PERMIT COMPLIANCE INFILTROMETER TESTING OVERVIEW Double-Ring Infiltrometer Delafield Public Works Bio-Filter

33 MS4/TMDL PERMIT COMPLIANCE TMDL COMPLIANCE - CONTINUED REMODELED EACH WATERSHED IN WINSLAMM W/ FIELD TESTED INFILTRATION RATES FOR BMPs THAT UTILIZE INFILTRATION FOR EVERY REACHSHED TSS & TP % REDUCTION RESULTS WERE MUCH BETTER BUT NOT ALL MET REDUCTION REQUIREMENTS

34 MS4/TMDL PERMIT COMPLIANCE TOWN OF OCONOMOWOC STORM WATER MODELING SPREADSHEET

35 MS4/TMDL PERMIT COMPLIANCE TMDL MODELING TOWNS OF MERTON & OCONO. MODELED SEPARATELY Town of Oconomowoc TSS % Reductions TP % Reductions Reachshed Unmeasured Measured Unmeasured Measured Required Required Infiltration Infiltration Infiltration Infiltration ID/Fox River % 90.6% % 89.2% 23 47% % % 52.5% 82.3% 74% 49.1% 81.4% 55 66% % - - Town of Merton TSS % Reductions TP % Reductions Reachshed Unmeasured Measured Unmeasured Measured Required Required Infiltration Infiltration Infiltration Infiltration ID/Fox River % 81.6% % 81.2% 23 47% 63.1% 79.3% 36% 58.0% 78.0% 25 59% 43.5% 75.3% 74% 39.6% 72.9% 55 66% 44.3% 78.5% 77% 39.6% 75.9% NOTE: ID = INTERNALLY DRAINED THE PHOSPHOROUS REMOVAL REQUIREMENT IS NON-COMPLIANT, BUT THE MARGIN WAS DRASTICALLY REDUCED. MINIMAL ADDITIONAL CONTROLS WOULD BE REQUIRED OR THERE IS A POSSIBILITY FOR TRADING TO REACH COMPLIANCE

36 MS4/TMDL PERMIT COMPLIANCE POTENTIAL STORM WATER IMPROVEMENT LOCATION TOWN MERTON Reachsheds Urbanized Area Modeled Area Unmodeled Area Infiltration Basin

37 MS4/TMDL PERMIT COMPLIANCE POTENTIAL STORM WATER IMPROVEMENT LOCATION TOWN MERTON Infiltration Basin

38 MS4/TMDL PERMIT COMPLIANCE BMP EXAMPLES TOWN OF MERTON AREA TOWN OF OCONOMOWOC AREA

39 MS4/TMDL BMP OVERVIEW BMP OPTIONS GRASSED SWALES WET DETENTION BASINS INFILTRATION BASINS BIO-FILTRATION BASINS FILTER STRIPS CATCH BASINS PROPRIETARY STORMWATER DEVICES (I.E. STORMCEPTORS,ETC.) PERVIOUS PAVEMENT STREET CLEANING & LEAF SWEEPING

40 MS4/TMDL BMP S GRASSED SWALES % REDUCTION VARIES WITH SLOPE, SHAPE, LENGTH & INFILTRATION RATE (SOILS) % REDUCTIONS OF TSS AND P IN THE 10-95% RANGE HIGHLY RECOMMEND INFILTROMETER TESTING TO INCREASE WDNR TABLE VALUES FOR INFILTRATION RATES LONGITUDINAL SLOPES MUST BE < 4% PRE-TREATMENT NOT REQUIRED

41 MS4/TMDL BMP S WET DETENTION BASINS % REDUCTION VARIES WITH SIZE OF BASIN TO DRAINAGE AREA AND OUTLET DESIGN % REDUCTIONS OF TSS AND P IN THE 50-90% RANGE BUILD TO WDNR TECH STD MUST HAVE 2 FT. CLAY LINERS AND SAFETY SHELVES MUST BE IN PUBLIC DRAINAGE EASEMENTS WITH MAINTENANCE AGREEMENTS

42 MS4/TMDL BMP S INFILTRATION BASINS % REDUCTION VARIES WITH SIZE OF BASIN TO DRAINAGE AREA AND SOILS % REDUCTIONS OF TSS AND P IN THE % RANGE BUILT TO WDNR TECH STD MUST HAVE 3 FT. SEPARATION TO SEASONAL HIGH GROUNDWATER MUST BE IN PUBLIC DRAINAGE EASEMENTS WITH MAINTENANCE AGREEMENTS PRE-TREATMENT REQUIRED

43 MS4/TMDL BMP S BIO-FILTRATION BASINS % REDUCTION VARIES WITH SIZE OF BASIN TO DRAINAGE AREA AND SOILS GENERALLY SMALLER WATERSHEDS (<2 AC.) % REDUCTIONS OF TSS AND P IN THE % RANGE BUILT TO WDNR TECH STD TYPICALLY HAS UNDERDRAIN MUST BE IN PUBLIC DRAINAGE EASEMENTS WITH MAINTENANCE AGREEMENTS PRE-TREATMENT GENERALLY REQUIRED

44 MS4/TMDL BMP S CATCH BASINS & PROPRIETARY DEVICES % REDUCTION VARIES WITH DRAINAGE AREA. FOLLOW WDNR TECH STD GENERALLY SMALLER WATERSHEDS (<2 AC.) % REDUCTIONS OF TSS AND P IN THE 8% RANGE FOR CATCH BASINS % REDUCTIONS IN THE 40-50% RANGE FOR PROPERLY SIZED PROPRIETARY DEVICES CAN BE ADDED TO ROAD RE- CONSTRUCTION PROJECTS TO IMPROVE REDUCTIONS REQUIRE YEARLY CLEANING

45 MS4/TMDL BMP S FILTER STRIPS % REDUCTION VARIES WITH SLOPE & SLOPE LENGTH GENERALLY SMALLER WATERSHEDS MUST BE GREATER THAN 10 FT. IN LENGTH FOR WinSLAMM MODELING PARKING LOT RUNOFF OR FILL SECTIONS OF RURAL ROADS % REDUCTIONS OF TSS AND P IN THE % RANGE

46 MS4/TMDL BMP S STREET CLEANING - LEAF SWEEPING % REDUCTION VARIES WITH SWEEPER AND FREQUENCY OF SWEEPING GENERALLY NEED A VACUUM SWEEPER, ONCE A WEEK FOR AN EFFECTIVE % REDUCTION % REDUCTIONS OF TSS IN THE 1-9% RANGE, PER RECENT WDNR STUDY IN MADISON % REDUCTIONS IN THE 10-20% RANGE MAY BE POSSIBLE WITH AGGRESSIVE SWEEPING WITH MODERN VACUUM SWEEPERS

47 MS4/TMDL BMP S PERMEABLE PAVEMENT USE WDNR TECH STD GENERALLY SMALLER WATERSHEDS PAVERS, CONCRETE, ASPHALT & PROPRIETARY SYSTEMS (SPANCRETE, PAVE-DRAIN, ETC.) PARKING LOT RUNOFF, OR EDGE OF ROADWAYS POTENTIAL FOR ROAD RECONSTRUCTION PROJECTS % REDUCTIONS OF TSS AND P IN THE 65-35% RANGE, RESPECTIVELY MAINTENANCE REQUIRED (VACUUM)

48 MS4/TMDL PERMIT SUMMARY TMDL S DO HAVE A SIGNIFICANT IMPACT ON AN MS4 AND HOW IT IS EVALUATED MAKE SURE TO TAKE CREDIT FOR ALL EXISTING BMP S IN A WATERSHED LOOK FOR ANY PRIVATE BMP S AND DISCUSS EASEMENTS WITH THE OWNERS MAKE SURE TO COMPLETE INFILTROMETER TESTING TO INCREASE INFILTRATION RATES OF SWALES AND BASINS LOOK FOR WAYS TO INCREASE INFILTRATION OPPORTUNITIES WITH GRASSED SWALES AND FILTER STRIPS

49 WWTP Facility Upgrades Analysis of existing operations Facilities with tertiary treatment Pilot testing shows they can typically get close Optimization of processes & increased use of chemicals Facilities with no tertiary treatment May need upgrades at significant cost if on impaired waterway Consider requesting a revised 7Q10 flow from USGS if stream is below criteria to gain maximum dilution factor possible

50 Consumptive Use Consumptive use potential users of water that may be able to use treated wastewater as a substitute water source. Water = consumed by evaporation, or incorporation into a product or discharge to somewhere other than the waterway phosphorus standards. Site specific Examples Wash water for Frac sand Irrigation Concrete products (watch chloride content)

51 What we re hearing Adaptive management If the stream doesn t meet criteria, must look at other options Legacy Phosphorus? -Dane County LCD Reimer_940_Implications_of_Legacy_Phosphorus_in_Sediment.pdf Can t control other land use practices upstream Adaptive management & water quality trading Long-term management & oversite