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Home My WebLink AboutPP_NPDESupdate-04-10-2020NPDES Permit Renewal Regulatory Update Todd Miller April 10, 2020 1 Overview 1 2 3 4 5 6 This update covers the following topics: Past update overview – what we previously covered DEQ’s permit issuance plan updated in fall 2019 How DEQ’s permitting resources and tools help us prepare for permit renewal DEQ’s permit template: review the parts of a permit and how updates to the template have changed since our last permit Discuss MWMC’s permit readiness – in tandem with permit template review Where are we ready, on target, or awaiting further information Close with a brief discussion of topics planned for the next update later this year Overview of Past Update Topics DEQ Permit Issuance Plan DEQ Permit Preparation Resources DEQ Permit Template Permit Readiness Status Upcoming Update Topics 2 PERMIT FRAMEWORK Clean Water Act drivers NPDES program DEQ/EPA authorities Water quality standards, stream listings, and effluent limits Regulatory Update Review PERMIT STATUS 5-year NPDES permit renewal cycle: theory versus practice Administratively extended permits Statewide permit backlog KEY ISSUES FOR PERMIT RENEWAL Clean Water Act’s NDPES permit program primary tool for restoring and protecting nation’s water quality DEQ issues permits in Oregon and sets the water quality standards and effluent limits to be met Permits intended to be issued on 5-year cycles to incorporate updated standards Permits rarely reissued on time – MWMC’s permits have been 9-10 years between renewal, and now approaching 20 years Administratively extended permits, if not renewed, locked in place (pros and cons) Pros: no new requirements to meet Cons: Impacts ability to plan capital program, set rates/SDCs, update pretreatment and monitoring programs, and adopt new recycled water uses, among other drawbacks. Oregon’s permit backlog is among longest in the nation Multiple reasons – complex TMDLs, third-party legal challenges, inconsistent permit requirements, new compliance tools (such as water quality trading, variances, and use of natural treatment systems) The key items MWMC is preparing for: Temperature/Mercury TMDLs Stringent toxics standards Mass loads Wet weather flows 3 On schedule for 2021 50th overall for renewal 36th of domestic permittees 12th out of major domestics 5th of Willamette domestic permits 2nd major domestic on Willamette DEQ Permit Issuance Plan MWMC 2019 2020 2021 Permit Issuance Plan (PIP) - DEQ’s annual roster of permits slated for renewal October 2019: 5-Year PIP – DEQ’s long-term plan to reissue Oregon’s NPDES permits (domestic and industrial) Annual mix of small/large and simpler/more complex permits MWMC’s standing (as of March 20, 2020) On schedule for 2021 50th overall for renewal 36th of domestic permittees (sewage treatment facilities) 12th out of major domestics (>1 mgd) 5th of domestic permits in Willamette basin 2nd major domestic in Willamette (behind Portland Columbia Blvd – currently out for public review) ~ 18 permits have been issued or drafted October 2019 – March 2020 (17 completed – no major doms; 3 out for review – 2 majors) ~ 11 domestic facilities completed; 4 MWMC’s Renewal Timeline Approaching 20 years of new information… 5 MWMC: rated “complex” APPLICANT READINESS Renewal application submitted No significant facility upgrades needed NEW INFORMATION Mixing zone study WET testing 303(d) listings (river impairments) TMDLs Ambient river data NEEDED Updated Land Use Compatibility Statement (LUCS) Most recent 3-year effluent data set (at time of renewal) Updated biosolids and recycled water use plans DEQ Permit Readiness Review 6 DEQ Permit Preparation Tools Models and Reasonable Potential Analysis (RPA) Spreadsheets Permit and Fact Sheet Templates Internal Management Directives (IMDs) Permit Monitoring and Reporting Matrices Permit Readiness Review <insert page shot; key MMWC issues> Reasonable Potential Analysis (RPA) spreadsheets and models Internal Management Directives (IMDs) <insert list of IMDs – “there’s an IMD for that!”> NPDES permit renewal checklist (also EPA Form 2A) Permit fact sheet template NPDES permit template DEQ monitoring matrix 7 DEQ Permit Template Schedule A: Waste Discharge Limits Schedule B: Minimum Monitoring and Reporting Requirements Schedule C: Compliance Schedule Schedule D: Special Conditions Schedule E: Pretreatment Activities Schedule F: NPDES General Conditions ACWA-DEQ collaboration Improves consistency across permits Reduces errors/obsolete language Aids permittees with permit expectations Highlighted sections completed specific to each permittee 8 A - Waste Discharge Limits What’s New New ammonia standard 2015 – expand dry-season monitoring to year-round (underway) Updated Biosolids and Recycled Water Use limits Mercury Minimization Plan Updated mixing zone New temperature standard and thermal load limits What’s In It Treatment standards Mass load limits Toxics limits Mixing zone description Recycled water requirements Biosolids requirements Chlorine dosing Mercury Minimization Plan Secondary treatment standards Basin standards Mass load limits Dry and wet season mass loads EQC action for mass load increase Other limits (chlorine, ammonia, etc.) Mixing zones Biosolids Recycled water Mercury minimization plan 9 B - Monitoring & Reporting Requirements What’s New Copper/BLM and Aluminum sampling Pre-dechlorination chlorine residual sampling Continuous influent and effluent sampling Year-round temperature monitoring New laboratory detection and quantitation limits Additional parameters for monitoring What’s In It Influent/Effluent monitoring/reporting protocols Pretreatment monitoring/reporting Copper/aluminum monitoring Toxics characterization Laboratory limits WET testing reporting Biosolids & recycled water monitoring/reporting requirements Copper/BLM and Aluminum sampling – completed the 2-year data set Pre-dechlorination chlorine residual sampling (underway) (Possibly) continuous influent and effluent sampling Year-round temperature monitoring (underway) New laboratory detection and quantitation limits Additional parameters for monitoring 10 C - Compliance Schedule What’s New Thermal load limits Water Quality Trading Plan implementation Recycled Water Use Plan implementation What’s In It Regulatory compliance schedule (implementation milestones) MWMC has not had a compliance schedule Expected for temperature – riparian shade or recycled water projects implemented to mitigate thermal load will require a period of years to roll out. 11 D - Special Conditions What’s New Update Emergency Response and Public Notification Plan (per Schedule F requirements) Updated Biosolids and Recycled Water Use Plans Updated WET testing New outfall inspection report What’s In It Inflow & Infiltration reporting Mixing zone study requirements Emergency Response & Public Notification Plan Recycled Water Use Plan Biosolids Management Plan Effluent WET testing requirements Operator certifications Outfall inspection requirements Inflow/Infiltration Hauled Waste (not applicable) Mixing zone study Emergency response and public notification plan Biosolids management & land application plan Recycled water use plan Whole effluent toxicity testing Operator certification requirements Industrial user survey Spill/emergency response plan 12 E - Pretreatment Activities What’s New Updated local limits adoption Updates to legal authority and sewer use ordinance What’s In It National standards Local limits Monitoring, authority, and enforcement Data management and reporting General pretreatment regulations (40 CFR 403) Legal authority Update inventory of industrial users (1/year) Technical evaluation of need to revise local limits (18 months after permit issuance) Discharge permits to Significant Industrial Users Sample/analyze industrial user effluent Conduct industrial user inspection Review industrial user reports/ID violations/take enforcement action Data management system SNC publication Program modification Annual report 13 F - General Conditions What’s New New language related to: Penalties for violations Permit actions Toxic pollutants compliance for sewage sludge use/disposal New reporting requirements for basement backup overflows What’s In It Duties and penalties Bypass, upset, and overflow conditions Requirement to meet updated toxics limits not yet addressed in permit Monitoring & reporting instructions Definitions Penalties for permit violations Civil and criminal penalties Sanitary Sewer Overflows (SSOs) Prohibition language not included Reporting/follow-up required Other general conditions taken verbatim from federal regulations (40 CFR 122) Duty to reapply, operation and maintenance, monitoring records, and reporting requirements 14 Future Update Topics Temperature TMDL, permit limit status, and compliance schedule Mercury TMDL, Variance, and Mercury Minimization Plan Biosolids and Recycled Water Use Plan updates and options Local limits and pretreatment program updates Steps of permit renewal process 15 16