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

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Water Quality Division,

Storm Water & Pretreatment Team

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Rebecca L. Villalba, Team Leader

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Katie Greenwood Elaine Hassinger David James Allison Osborne Mary Ann (Mimi) Wallace Graham Webb Austin Office: (512) 239-4671

Pretreatment Interns

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Lena Hoffman

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Hannah Rogers

TPDES Pretreatment Program Contacts

Coastal and East Texas, Region 12 Office

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Gary Fogarty, Pretreatment Compliance Investigator, Houston (713) 767-3654 Barbara Sullivan, Team Leader

North Central and West Texas, Region 4 Office

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Pixie Wetmore, Pretreatment Compliance Investigator, Dallas/Fort Worth (817) 588-5849



Karen Smith, Work Leader

Sunset Advisory Commission

   Audit ended in 2010 Overview of the entire TCEQ, rules, processes, etc.

Outcome and recommendations        TCEQ to continue for 12 more years Include “public health” to the current mission statement Update website to provide easy access and in plain language Revise Compliance History Adopt Enforcement policies in rules Consider Supplemental Environmental Projects for local governments to improve the environment Clarify Executive Director’s authority to curtail water use in water shortages and drought

State of Texas Legislative Session

    Meets every two years Begins in January and ends in May Bills are introduced to propose new laws or other mandates Once a bill is approved, the TCEQ will be required to adopt rules or other procedures to implement the requirements  HB2694:  continues TCEQ for 12 years to 2023  maximum penalty increased to $25,000/day/violation; up from $10,000/day/violation  HB451: Don’t Mess with Texas Water Program

Substantial Modifications Initiative

 Initiative to review pending substantial modification packages started August 2009  5 packages are pending review  8 are under a TPDES permit action to approve the substantial modification  Others are undergoing city council approval

Streamlining Rule Nonsubstantial Modifications

 Complex modifications, take just as long as a substantial modification  8 packages are pending review  Others are undergoing city council approval

Review of Modifications

 We continue to focus on review of the modifications on a timely manner  180 days to technically complete • (

i.e.

city council letter)  Thank you for your cooperation with your responses and revisions  Nonsubstantial modifications without Streamlining Rule provisions  45 days to review

Streamlining Rule Guidelines for Submission

 TCEQ highly recommends that the language in your modification adheres to the language in 40 CFR Part 403  The EPA’s

Model Pretreatment Ordinance

language provides recommended  Provide revised program in “tracked changes”  both electronic and hard copies

Streamlining Rule

Which optional provisions to implement?

What should the CA consider?

•

Resources

•

Staff technical knowledge

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Administrative burden

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Data management and tracking systems

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Complexity of the SIUs

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Pressure from local interests

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Complexity of the annual pretreatment program report

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Once adopted, it will require a substantial modification to remove

Streamlining Rule

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“Optional”

Changes – Summary 

Sampling for Pollutants Not Present for CIUs

    

General Control Mechanisms Best Management Practices in lieu of local limits Equivalent Concentration for Flow-Based Standards Equivalent Mass Limits for Concentration Limits Oversight of CIUs: NSCIUs and MTCIUs

Streamlining Rule Changes to Audit and PCI Reviews

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Audits and PCIs may vary, both in length and complexity:

•

All required provisions will be reviewed

•

Additional information reviewed will depend on the optional provisions adopted by the CA

Nonsubstantial Modifications with Streamlining Rule

 The TCEQ requests that CAs submit the Streamlining Rule modifications:    

In one package

With the TCEQ cover sheet

checklist, and additional checklists as applicable

The Streamlining Rule package will be a

complete replacement

of the existing approved pretreatment program Draft with “tracked changes”

Technically Based Local Limits



Within 60 days of the issued date of the TPDES permit submit:



Written certification of reassessment



TBLLs Reassessment Form

(TCEQ-20221)  OR

Notification of Redevelopment of TBLLs

•

Due 12 months from permit issuance

IMPORTANT: Know your permit. Several miss this deadline. Missing deadlines could result in enforcement actions.

Technically Based Local Limits

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Reassessment must show that the existing TBLLs:

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attain the Texas Surface Water Quality Standards (TSWQS)



adequate for the sludge disposal option used

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adequate to prevent pass through, interference, worker health and safety problems, and sludge contamination

Technically Based Local Limits Sampling Plan

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Submit at least 30 days prior to conducting comprehensive study

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Sampling Plan Checklist

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Include WWTP schematic with sampling locations identified

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Domestic/Commercial area maps with sampling locations identified

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Influent Priority Pollutant Scan

  Submit with the Sampling Plan and list of POCs or Submit at a later date along with the list of POCs

Pretreatment Audits Approved Pilot Project

 Risk-Based Audit Approach  Three year pilot project  Eligibility criteria reviewed and accepted by EPA  Audit less programs each year  Audit 15% of TPDES universe, instead of 20% • 11 audits per year, instead of 14  Criteria has been set-up for high performing programs  Programs that meet criteria will be audited every 7 years, instead of every 5 years  Evaluation is conducted on an annual basis  Provide incentive to improve performance, compliance with pretreatment regulations, and pollution prevention

Pretreatment Audits Proposed Pilot Project

 Criteria includes:  minimum qualifications and  Optional criteria for extra points  CA’s pretreatment staff changes will also be considered

Pretreatment Audits Proposed Pilot Project

 Minimum criteria includes:        No pass through or interference Less than 10% SIUs in SNC Inspecting and sampling all SIUs each year Compliance History rating equal to or greater than Average No formal enforcement for water quality related violations No TIE/TRE or biomonitoring problems All violations from last audit have been resolved  Confirmed by the PCI

Pretreatment Audits Proposed Pilot Project

 Extra points includes:  National or state level environmental or pretreatment award winner  Pollution prevention activities  Fats, oil, and grease program  Awards program for SIUs  Compliance History rating is High  SSO Initiative  Beneficial sludge use  SIU effluent reuse practices

Annual Reports Examples of Deficiencies

 Not submitting the forms in the TPDES permit and the PPS form  Not sampling SIUs at the required frequency in approved program  Not sampling the WWTP at the required frequency in the TPDES permit  Not sampling for all the additional 30 TAC Chapter 307 pollutants  Forgetting to include the most stringent criteria (values) from: TexTox, Hazardous Metals Rule, and TPDES permit limit

Annual Reports Examples 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 o o Aquatic Life and/or Human Health Compare and select most stringent

Surface Waters

Annual Reports MAHL versus 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 = ( C Equation B: L% = (L INF POLL x Q WWTP x 8.34) / 1000 / MAHL) x 100

 Where:    L INF C POLL = Current Avg influent loading in lb/day = Avg concentration in µg/L of all influent samples collected during the pretreatment year Q WWTP = 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

Transportation Equipment Cleaning 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

Water Quality Standards and Implementation Procedures

 The TCEQ has revised the:   2000 Texas Surface Water Quality Standards (TSWQS) and Implementation Procedures  Adopted by Commission in June 30, 2010  Codified in 30 TAC Chapter 307

Water Quality Standards and Implementation Procedures

 Pending EPA review  Until the EPA approves these, the 2000 TSWQS will apply to: • federal permits (TPDES) and • other Clean Water Act purposes  2010 TSWQS effective July 22, 2010, for all State only (non-federal) permits

Water Quality Standards and Implementation Procedures

  EPA finalized the first round of approvals and disapprovals of the 2010 Standards in an action letter dated June 29, 2011.

Outstanding portions still under review include:      nutrient numeric criteria for reservoirs, numeric criteria for the protection of aquatic life, the framework for assigning the presumed use of secondary contact recreation 1 for certain unclassified water bodies, the Cypress Creek Use-Attainability Analysis, and the Lavaca River Use-Attainability Analysis.

Water Quality Standards and Implementation Procedures

 TCEQ is revising the Implementation Procedures based on EPA comments  Plan presenting revisions to Commission by the February 22, 2012 agenda.  Revisions will be focused only on:   the reasonable potential approach for whole effluent toxicity (WET) and de-chlorination requirements for facilities smaller than 1 MGD (facilities larger than 1MGD already have that requirement). • EPA wants everyone to de-chlorinate

Minimum Analytical Levels

 The TCEQ has revised the existing MALs and list of approved suggested methods for the TPDES program  Some MALs were updated  Lowered due to EPA’s lowered MQLs  Many new MALs for additional pollutants were added to the list

Minimum Analytical Levels

 Once MALs are approved by the EPA, the TCEQ will revise the TPDES pretreatment program  For now, please continue to operate under the existing 2003 MALs

Minimum Analytical Levels

What does is mean to a pretreatment program?

 Annual report

effluent

values need to be reported to “<“ the MAL  Used to demonstrate that a pollutant is not present in an IU’s discharge  Combined wastestream formula (CWF) alternate categorical pretreatment standards may not be below the MAL  If so, CWF cannot be used and the wastestreams must be segregated

Laboratory Accreditation and Certification

 Application  Fields of accreditation (FoAs)  Laboratories are assessed against the provisions of the 2009 TNI NELAP Standards.

 http://www.tceq.state.tx.us/assets/public/complia nce/compliance_support/qa/txnelap_lab_list.pdf

TCEQ Investigation Checklists

 Investigation checklists are posted on the TCEQ’s "Businesses" website.  Includes the Investigation Protocols and Checklists for all media.  Documents developed to assist in the preparation and conduct of investigations related to specific rules, regulations, and permits.

 http://www.tceq.texas.gov/field/investigations/inv estprotocols  Go to the "Resources for Businesses" main link, scroll to the Compliance & Enforcement Section, click on Investigation Protocols and Checklists

Pesticides General Permit TXG870000

 General permit authorizing the application of pesticides into or over, including near waters of the U.S. for the control of mosquito and other insect pests, vegetation and algae, nuisance animal, area-wide pest and forest canopy pest.  The annual pest management area threshold for mosquito and other insect pests, area-wide pest and forest canopy pest controls is 6,400 acres or greater.

 For vegetation and algae and nuisance animal controls, the treatment area threshold is 100 acres in water and 200 linear miles at water’s edge.

 Permit will be Effective October 31, 2011.

TPDES 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:

 

Report forms

http://www.tceq.state.tx.us/permitting/water_quality/wastewater/pretreatment /index.html

Pretreatment Streamlining Rule Required Modification Checklists

http://www.tceq.state.tx.us/permitting/water_quality/wastewater/pretreatment /approved_programs_modifications.html

RVIPA Board

 Election for new At-Large Member  Selection of new treasurer