texas state breakout session

36
TEXAS STATE BREAKOUT SESSION TEXAS STATE BREAKOUT SESSION 27 27 th th Annual EPA Region VI Annual EPA Region VI Pretreatment Association Workshop Pretreatment Association Workshop August 3, 2011 August 3, 2011 Storm Water & Pretreatment Team Storm Water & Pretreatment Team Water Quality Division Water Quality Division (512) 239-4671 (512) 239-4671

Upload: cian

Post on 16-Jan-2016

49 views

Category:

Documents


0 download

DESCRIPTION

TEXAS STATE BREAKOUT SESSION. 27 th Annual EPA Region VI Pretreatment Association Workshop August 3, 2011 Storm Water & Pretreatment Team Water Quality Division (512) 239-4671. TPDES Pretreatment Program Contacts. Water Quality Division, Storm Water & Pretreatment Team - PowerPoint PPT Presentation

TRANSCRIPT

Page 1: 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

Page 2: TEXAS STATE BREAKOUT SESSION

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

Page 3: TEXAS STATE BREAKOUT SESSION

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

Page 4: TEXAS STATE BREAKOUT SESSION

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

Page 5: TEXAS STATE BREAKOUT SESSION

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

Page 6: TEXAS STATE BREAKOUT SESSION

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

Page 7: TEXAS STATE BREAKOUT SESSION

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

Page 8: TEXAS STATE BREAKOUT SESSION

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

Page 9: TEXAS STATE BREAKOUT SESSION

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

Page 10: TEXAS STATE BREAKOUT SESSION

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

Page 11: TEXAS STATE BREAKOUT SESSION

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

Page 12: TEXAS STATE BREAKOUT SESSION

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

Page 13: TEXAS STATE BREAKOUT SESSION

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”

Page 14: TEXAS STATE BREAKOUT SESSION

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.

Page 15: TEXAS STATE BREAKOUT SESSION

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

Page 16: TEXAS STATE BREAKOUT SESSION

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

Page 17: TEXAS STATE BREAKOUT SESSION

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

Page 18: TEXAS STATE BREAKOUT SESSION

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

Page 19: TEXAS STATE BREAKOUT SESSION

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

Page 20: TEXAS STATE BREAKOUT SESSION

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

Page 21: TEXAS STATE BREAKOUT SESSION

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

Page 22: TEXAS STATE BREAKOUT SESSION

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

Page 23: TEXAS STATE BREAKOUT SESSION

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

Page 24: TEXAS STATE BREAKOUT SESSION

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

Page 25: TEXAS STATE BREAKOUT SESSION

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

Page 26: TEXAS STATE BREAKOUT SESSION

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

Page 27: TEXAS STATE BREAKOUT SESSION

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.

Page 28: TEXAS STATE BREAKOUT SESSION

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

Page 29: TEXAS STATE BREAKOUT SESSION

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

Page 30: TEXAS STATE BREAKOUT SESSION

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

Page 31: TEXAS STATE BREAKOUT SESSION

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

Page 32: TEXAS STATE BREAKOUT SESSION

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

Page 33: TEXAS STATE BREAKOUT SESSION

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

Page 34: TEXAS STATE BREAKOUT SESSION

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.

Page 35: TEXAS STATE BREAKOUT SESSION

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

Page 36: TEXAS STATE BREAKOUT SESSION

RVIPA BoardRVIPA Board

Election for new At-Large MemberElection for new At-Large Member Selection of new treasurerSelection of new treasurer