GIEC Annual Meeting EPD Watershed Branch Update

GIEC Annual Meeting EPD Watershed Branch Update

GIEC Annual Meeting EPD Watershed Branch Update November 2, 2017 Jac Capp WATERSHED BRANCH ORGANIZATION UPDATE Updates to Key Personnel & Related Matters https:// epd.georgia.gov/sites/epd.georgia.gov/files/wpb_ phonelist.pdf Wastewater Industrial Permitting Unit Fully

staffed Jennifer Welte, Manager, Regulatory Support Program Anna Truszczynski, Acting Manager, NonPoint Source Program Connie Coleman, Manager, Wastewater Regulatory Information Unit ENVIRONMENTAL PROTECTION DIVISION Agricultural Metering & Agricultural Irrigation WATER QUALITY STANDARDS 2016 Triennial Review - Items under consideration: https:// epd.georgia.gov/triennial-review-water-quality-stand ards Consistency with EPA 2015 Water Quality Standards Regulatory Revisions Rule (80 FR 51020) Clarify the Antidegradation Rule for NPDES permits Clarify the use of Compliance Schedules in NPDES permits

Define Primary Contact Recreation Adopt EPA Recommended 2016 Aquatic Life Cadmium and Selenium Criteria Adopt bacteria criteria for the protection of secondary contact recreation uses ENVIRONMENTAL PROTECTION DIVISION WATER QUALITY STANDARDS 2016 Triennial Review - Items under consideration: Designate Chattahoochee River between Carroll and Coweta Counties as recreational waters Develop site-specific lake standards that include numeric chlorophyll and nutrient criteria for Lakes Oconee and Sinclair Gainesville

Legend Stream/River Water Model Subwatershed Major City County Boundary Lake Sidney Lanier Athens Clarke County Lake Oconee Lake Jackson Lake Sinclair Oconee Watershed - Model Subwatersheds

NAD_1983_UTM_Zone_17N Map produced 05-15-2009 - P. Cada 0 0 ENVIRONMENTAL PROTECTION DIVISION 5 10 5 20 Kilometers 10 20 Miles 2016 TRIENNIAL REVIEW OUTREACH

February 26, 2016 - Kickoff Hearing March 22, 2016 - Water Law & Regulation Conference March 29, 2016 - GAWP Industrial Conference June 23, 2017 Lake Oconee & Sinclair Stakeholder Meeting October 11, 2017 - Lake Oconee & Sinclair Utilities and Agricultural Stakeholder Meeting October 20, 2017- Lake Oconee & Sinclair Homeowners Meeting November 29, 2017 Public Meeting February 2018 Public Meeting March 2018 Brief DNR Board ENVIRONMENTAL PROTECTION DIVISION NUMERIC NUTRIENT CRITERIA GA EPD plans to develop numeric

criteria for lakes and estuaries and manage nutrients in watersheds upstream of these waterbodies rather than develop numeric criteria for rivers and streams ENVIRONMENTAL PROTECTION DIVISION NUMERIC NUTRIENT CRITERIA Large public lake with site-specific criteria West Point Jackson Walter F. George Lanier Allatoona Carters

Propose criteria - 2016 Triennial Review Oconee Sinclair Collecting data and developing models to develop criteria in 20 other lakes ENVIRONMENTAL PROTECTION DIVISION NUMERIC NUTRIENT CRITERIA Altamaha, Sapelo, Doboy Estuary Study 2016 Multipurpose grant Collaborative project between GAEPD EPA UGA Collecting water quality data Developing models to be used to develop estuary criteria Collecting data to help develop criteria in 8 other estuaries ENVIRONMENTAL PROTECTION DIVISION

NUMERIC NUTRIENT CRITERIA Implementation of nutrient monitoring or limits in NPDES Permits https:// epd.georgia.gov/permitting-strategies-reasonabl e-potential-analysis Total Phosphorus NPDES Permitting Strategy November 11, 2011 Permit Renewal Monitoring only New or expanding facility limits as described in strategy if present Total Ammonia Permitting Strategy July 1, 2017 Total Nitrogen Monitoring TKN

Organic N Ammonia NO2/NO3 ENVIRONMENTAL PROTECTION DIVISION AMMONIA IMPLEMENTATION August 22, 2013: EPA published national recommended ambient water quality criteria for the protection of aquatic life from the toxic effects of ammonia Looked at the most sensitive species mussels Based on pH and Temperature Acute and chronic criteria were developed ENVIRONMENTAL DIVISION DEPARTMENT OF PROTECTION NATURAL RESOURCES AMMONIA IMPLEMENTATION

August 22, 2016 - EPD Watershed Protection Branch Permitting Strategy September/October 2016 - Feedback November 18, 2016 Stakeholder Meeting #1 December 16, 2016 Stakeholder Meeting #2 July 1, 2017 Final Revised Strategy

Industrial Permittee Stakeholders Dominic Weatherill (GA Power) Joey Bruyninckx (PCS Nitrogen / Potash) Larry Neal, PE (GIEC Water Resources Technical Advisor) Randy Quintrell (GA Forest & Paper Products Assoc / GA Mining Assoc) Mike Giles (GA Poultry Federation) ENVIRONMENTAL DIVISION DEPARTMENT OF PROTECTION NATURAL RESOURCES AMMONIA IMPLEMENTATION Evaluation of Existing Sources Review of instream ammonia, pH, and temperature data indicate streams are meeting 2013 ammonia criteria Reviewed ammonia DMR data and ammonia

limits in NPDES permits Goal to ensure NPDES permits would meet the CWA Implement the 2013 ammonia criteria through the narrative toxicity criteria [391-3-6-.03(5)(e)] for the protection of aquatic life (mussels) ENVIRONMENTAL DIVISION DEPARTMENT OF PROTECTION NATURAL RESOURCES AMMONIA IMPLEMENTATION Ammonia Permitting Strategy for Industrial Facilities Reasonable Potential Analysis will be conducted on

NPDES wastewater discharges based on the data provided in the permit application at permit renewal For industrial facilities that already have ammonia limits whose discharge already complies with 2013 criteria, the WPB will reissue the permits with new limit or current limit (as appropriate) For industrial facilities that do not have ammonia limits or they have limits that do not comply with the 2013 criteria, the WPB will reissue the permits with ammonia limits that comply with 2013 criteria and include compliance schedules Permit would include option to conduct study to ENVIRONMENTAL DIVISION implement Recalculation Procedure

based on site DEPARTMENT OF PROTECTION NATURAL RESOURCES LAKE TALQUIN TMDL Lake in Florida impaired due to Chlorophyll a and Dissolved Oxygen Watershed located primarily in Georgia EPA, FL DEP, and GA EPD worked together to develop and review the five linked water quality models used to develop the TMDL Ochlockonee River Watershed Model Ochlockonee River Model Little River Watershed Model Little River Model

Lake Talquin Model ENVIRONMENTAL PROTECTION DIVISION LAKE TALQUIN TMDL Impacts 1 industrial & 6 municipal discharges in GA and 1 industrial & 1 municipal discharges in FL TMDL requires 27% Total N and 33% Total P reduction in current conditions ENVIRONMENTAL PROTECTION DIVISION LAKE LANIER TMDL 2006 lake listed for Chlorophyll a violations 2007 GA EPD began work on the TMDL Field investigations Watershed/Lake Modeling 2009 GA EPD began working with Lanier Stakeholders

24 Municipalities 5 Majors, 8 Minors, 11 PIDs 1 Industry Agricultural Community Forestry Commission Environmental Groups ENVIRONMENTAL PROTECTION DIVISION LAKE LANIER TMDL Lake Lanier Stakeholders provided modeling tools and recommended phosphorus load

reductions 8.35% Point Sources 50% Urban 34% Agricultural September 19, 2017 Draft TMDL public noticed November 24, 2017 public comment period ends Approved TMDL will allow EPD to permit new and expanded discharges into the lake ENVIRONMENTAL PROTECTION DIVISION WASTEWATER PERMITTING Percent Current Totals

Total no. of Industrial Permits 534 No. of Permits in Industrial Backlog 62 Last year extended permits was 173now down to 102. Last year number of extended industrial permits was 113now down to 62. ENVIRONMENTAL PROTECTION DIVISION WASTEWATER PERMITTING Savannah River 5R May 13, 2016 - EPA Approved 5R 36 Months to reissue extended permits No. of Affected GA Permits 46 10 Discharge to the harbor 8 Discharge to or near river 28 Discharge to tributaries of the river All renewal applications have been received ENVIRONMENTAL PROTECTION DIVISION WASTEWATER PERMITTING Coal (or former coal) Power Plant NPDES Permit

Renewals All eleven permitted facilities due for renewal McDonough issued 2016 Mitchell issued 8/18/2017 Branch issued 10/16/2017 Hammond draft issued. Comment closed 4/14/2017 McManus draft issued. Comment closes 11/10/2017 Remaining: McIntosh, Yates, Kraft, Wansley, Bowen, Scherer Challenging Issues: Ash pond closure, Dewatering, Potential legislation, ELG finalization and reconsideration, EPA comments ENVIRONMENTAL PROTECTION DIVISION WASTEWATER PERMITTING

EPA comment on NPDES Permit regarding reasonable potential If the RPA did not use actual background concentrations , we recommend the permit require instream monitoring up- and downstream of the facilitys main outfall as soon as possible after the effective date of the permit. The results should be used to revise the [RPA], as needed, to include appropriate water quality-based effluent limits. This will provide data to demonstrate/verify that [the discharge] will not cause or contribute to a violation of instream water quality standards. This differs from EPDs published reasonable potential procedures (January 2003) that state that background data is not required if it is not available. If the chemical constituent is known to exist in the water upstream from the discharger and if EPD has water quality data that shows what the concentration is, then the instream concentration will be calculated such that the upstream concentration will be accounted for. ENVIRONMENTAL PROTECTION DIVISION RAYONIER NPDES PERMIT APPEAL NPDES Permit issued December 29, 2015

3rd Party (Altamaha Riverkeeper) Permit appeal claimed that the permit would cause a violation of narrative standard in Ga. Rule 391-3-6-.03(5)(c) All waters shall be free from material related to municipal, industrial, or other discharges which produce turbidity, color, odor or other objectionable conditions which interfere with legitimate water uses. The rules do not define objectionable, interfere, or legitimate water uses. However, the rules do state that the reasonable and necessary uses of the waters of the state include, among other things, agricultural, industrial, recreational, and other legitimate uses. ENVIRONMENTAL PROTECTION DIVISION DEPARTMENT OFrenewed NATURAL RESOURCES OSAH ALJ reversed the permit September

RAYONIER NPDES PERMIT APPEAL Concerns with ALJ Decision: All legitimate uses of the river must be protected at all times and if one person finds the conditions objectionable, then the rule is violated. Interference merely meant that if one person changed their behavior because the effluent ran afoul of their subjective aesthetic tastes, then that amounted to interference with their use of the river. Logical result: if one person finds a condition on the river objectionable at any time, then the narrative water quality standard is not being met. ENVIRONMENTAL DIVISION DEPARTMENT OF PROTECTION NATURAL RESOURCES RAYONIER NPDES PERMIT APPEAL Wayne County Superior Court Decision March 17, 2017 Reversed the OSAH ALJ decision

ALJ interpretation would require EPD to manage the States water resources to meet the subjective wishes of water users with the highest water quality expectations. This would collapse the designated use hierarchy into one classification requiring all waterbodies meet the most stringent standard. EPDs interpretation of the standard is reasonable and in accord with the statutory and regulatory purposes and the context of the standard as a whole. Color and odor in receiving waters must be controlled and interference with the use of the water limited, but in a reasonable manner. Riverkeeper appealed decision to State Court of Appeals. ENVIRONMENTAL Case is pending. DIVISION DEPARTMENT OF PROTECTION NATURAL RESOURCES GEOS WASTEWATER PERMITTING All wastewater applications (20 different types) with be processed through GEOS starting late spring 2018

Targeting applications submitted June 1, 2018 or after Applications received prior to that date will also be tracked using GEOS Permittees whose renewal applications are due next year are being sent notifications of this transition Benefits and Features Real time tracking of permit status for permit applicants Ability to communicate with permit writer in the system Ability to update the application in the system Draft and final permit documents in the system After data is entered the first time, it is available for future applications Instant verification, and record, of receipt of application

ENVIRONMENTAL PROTECTION DIVISION GEOS WASTEWATER PERMITTING ENVIRONMENTAL PROTECTION DIVISION GEOS WASTEWATER UAT User Acceptance Testing (UAT) Looking for volunteers Location: TBD, potentially Tradeport Training Room Dates: January 3rd, 4th, & 5th 2018 Time: TBD Need to bring your own laptop Please contact Chris Douglas 404.463.0932 or email at [email protected] ENVIRONMENTAL PROTECTION DIVISION GEOS TRAINING OPPORTUNITI ES

ENVIRONMENTAL PROTECTION DIVISION INDUSTRIAL STORM WATER GENERAL PERMIT Reissued June 1, 2017 (2017 IGP) Most changes focused on clarifying requirements Based on EPAs Multi-Sector General Permit and stakeholder input Mining (Sector J) updated to coordinate with Wastewater and Surface Mining permits ENVIRONMENTAL PROTECTION DIVISION INDUSTRIAL STORM WATER GENERAL PERMIT Electronic reporting is required in the 2017 IGP NOIs, NEEs, NOTs, and Annual Reports must be submitted through the GEOS Portal Industrial stormwater how-to guides are

available at epd.georgia.gov/storm-water GEOS allows for easy communication between EPD and permittees and more efficient compliance tracking by EPD ENVIRONMENTAL PROTECTION DIVISION CONSTRUCTION STORM WATER GENERAL PERMITS Three similar general permits GAR100001 Stand Alone Construction Projects GAR100002 Infrastructure Construction Projects GAR100003 Common Developments Reissuance schedule for all three permits: Dec. 2017 Jan. 2018 Apr. 2018 Public comment period Target reissuance Expected permit effective date:

Aug. 1, 2018 Sep. 9 Nov. 1, 2017 Public comment period Jan. 2018 Public meeting/hearing ENVIRONMENTAL PROTECTION DIVISION CONSTRUCTION STORM WATER GENERAL PERMITS Electronic Reporting will be required in the reissued permits NOIs, NOTs, and sampling reports will be submitted through the GEOS Portal A training website and how-to guides for construction stormwater are available at epd.georgia.gov/geos ENVIRONMENTAL PROTECTION DIVISION COMPLIANCE UPDATE

FY18 US EPA Enforcement Initiatives National Initiatives Continue SSO, CSO & MS4 initiatives to keep raw sewage and contaminated stormwater out of waters Continue Concentrated Animal Feeding Operations (CAFO) initiative Industry Sectors: Food Processing, Chemical Manufacturing, Primary Metals and Mining Region 4 Initiatives Continue to address SSOs and CSOs Ensure all Industrial Stormwater facilities are permitted as required Resource Extraction (Mining) Discharges ENVIRONMENTAL PROTECTION DIVISION COMPLIANCE UPDATE EPD FY18 Inspection Commitments Facility Universe

FY18 Inspection Percentage FY18 Inspection Commitment Major Waste Water Treatment Plants (WWTP) Municipal & Industrial 179 50% 103 Minor WWTPs 698 20% 154

Pretreatment Significant Industrial User (SIU) Sampling & Inspection 67 100% 67 2,486 5% 124 Facility Type/Activity SW Industrial Facilities ENVIRONMENTAL PROTECTION DIVISION COMPLIANCE UPDATE

E-reporting Rule (NetDMR) usage 657 Individual NPDES Permittees 616 (93.8%) have used NetDMR 41 (6.2%) have not used NetDMR 55 out of 73 Individual Pretreatment Permittees have used NetDMR 162 out of 268 General Permittees have used NetDMR Remember that E-Reporting is not optional for NPDES Permittees ENVIRONMENTAL PROTECTION DIVISION COMPLIANCE UPDATE What the public can see on ECHO EPAs database will flag violations and missing data after the DMR is submitted. Violations will be visible to the public at the ECHO (Environmental Compliance History Online) website within 2 months of the NetDMR submittal. These violations and permit noncompliance status will continue to show in the EPA database until the non-reported information is received by

NetDMR or the violations are resolved by compliance or enforcement action. ENVIRONMENTAL PROTECTION DIVISION NETMDR HELPFUL LINKS AND INFORMATION NetDMR Production live website: https://netdmr.epa.gov CDX Help Desk Contact Information: https://cdx.epa.gov/Help or tell free at 888-890-1995 All support for password resets, security questions are handled by the CDX Help Desk Georgia EPD: by email at [email protected] NOTE: Georgia EPD cannot assist with user accounts. We an assist only within the NetDMR website. Contact the CDX Help Desk for user account and security support. NetDMR Data Entry Instructional Video: https://netdmr.zendesk.com/hc/en-us/articles/212971303-DMR-DataEntry EPAs NetDMR Training: https://netdmr.zendesk.com/hc/en-us/articles/209616386-Training#id ForPermittees Georgia EPD NetDMR Training: https://epd.georgia.gov/netdmr/ ENVIRONMENTAL PROTECTION DIVISION

STREAM BUFFERS HR362/SR152 - Joint Study Committee on Stream Buffers in Georgia http://www.legis.ga.gov/Legislation/20172018/168777.pdf Committee met October 12, 2017 Related to Tired Creek Supreme Court Decision S14G1780. TURNER v. GEORGIA RIVER NETWORK et al. Decided: June 15, 2015 Wrested Vegetation ENVIRONMENTAL PROTECTION DIVISION REPORT ON EPDS REVIEW OF CURRENT REGULATIONS RELATING TO ASR

HR 1198 adopted in Legislature February 11, 2016 Encourage EPD to review current regulations as they relate to aquifer storage and recovery; Ensure they are sufficient to provide for the protection and preservation of the States aquifers; Revise such regulations when necessary; and Consider the availability of other water supply sources in the permitting of any potential aquifer storage and recovery project. Urged EPD to issue a report detailing its review of current regulations relating to aquifer storage and recovery to the Board of Natural Resources ENVIRONMENTAL PROTECTION DIVISION EPDPermits

PermitsRequired Requiredfor forASR ASR EPD Projects Projects (AFFindicate indicatespecific specificpermitting permittingsteps) steps) Source (A Finished water water out to ASR Process (B) (A) (C) (B) (D)

(F) (E) end uses Treatme nt of source water prior to injection Water Groun Surfac e d water water treatment wastewater discharge Inject ed Water

Recovere d Water Surfac e Water Water treatme nt as needed for end Water uses treatment Stored Water ENVIRONMENTAL PROTECTION DIVISION wastewater discharge REPORT CONCLUSIONS A draft report was made available for public review and comment on June 14, 2017. A public meeting was held on July

31, 2017, and comments on the draft report were received through August 14, 2017. The draft report was updated based on public comments and a final report was provided to the Board during their September 27, 2017 meeting. Current regulations and the authorities they establish are sufficient to protect water supplies, including underground drinking water, and provide for the protection and preservation of the States aquifers. When taken together and, implemented in a coordinated manner for a specific project, these laws and rules function to effectively regulate the entire ASR process. https:// epd.georgia.gov/regulation-aquifer-storage-and-recovery ENVIRONMENTAL PROTECTION DIVISION REPORT CONCLUSIONS NEXT STEPS EPD to take actions in next 12 months, with public participation, to improve implementation of current regulations: Prepare written instructions to applicants that detail

requirements and expectations for project-specific technical information Prepare pre-application project checklist to be completed by any future applicant Designation of a single individual within EPD to coordinate permitting and communication on a project Early consultation between EPD and applicant to develop project-specific roadmap Including joint or coordinated public notice on permits ENVIRONMENTAL PROTECTION DIVISION

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