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Water Quality Division Update
Terry Lyhane
Greg Carr
Michael Moe
Patrick Rosch
“Introduction”
Terry Lyhane, P.E.
Assistant Division DirectorWater Quality Division
Goal 1 – Better Communication
Open and transparent
Respectful
Work collaboratively towards a reasonable solution
Clear and concise
Give the rationale for our decisions
Goal 2 – Make Good Decisions
Use data and science
Look for flexibility within rules
Make decisions with Human health, environment, and financial feasibility in mind
Quote 1 - Wastewater Permitting
“You don’t understand – I have had dozens of meetings with DEQ and that was the one of the best meetings ever.”
Quote 2 - Planning
“Patrick, Joe, Soojung and your staff were extremely professional and courteous which resulted in the best environmental regulatory experience I have ever had and I have interacted with a number of states over the years.
Their quick turnaround saved about a year on our project schedule and resulted in a very happy client for me… Thank you”
Quote 3 - Wastewater Permitting
Environmental Manager at Industrial Facility
“This is a paradigm shift for me, to start thinking of DEQ as a resource instead of hindrance.”
Quote 4 - E-Reporting
Me:
“We are so excited about e-DMR’s. We were expecting around 50% utilization within the first 6 months and we are at around 90% after only 3 months!”
Environmental Manager at Landfill:
“If you’d fix the problems I’ve been having you might be at 100%.”
A Few Random Thoughts on Economics
Random Thought - 1
From an economic perspective, pollution is a negative externality
Random Thought - 1
DEQ = Department of Negative Externality
Mitigation?
Random Thought - 2
As society draws closer to Qb (marginal costs=marginal benefits), market-oriented policies may become more important.
Random Thought - 3
Protection Possibility CurveEnvironmental Protection – P, Q or R?Human Health Protection – R, S or T?
Water ReuseIt’s in Your Future
Greg Carr, P.E.
WQD Chief Engineer
Oklahoma Dept. of Environmental Quality
A Brief History
• Closed planetary hydrosphere means all water on Earth is recycled
• Prehistory – irrigation with domestic sewage
• Post history – “sewage farms”
• Clean Water Act – high quality wastewater effluent
• Mississippi River – wastewater in, drinking water out (de facto reuse)
• Direct Potable Reuse (DPR) in Big Spring, Texas
Reclaimed Water
• aka recycled water, or reuse water
• Wastewater that has gone through various treatment processes to meet specific water quality criteria with the intent of being used in a beneficial manner
• In 2010, the Oklahoma Municipal League, an association of cities and towns, expressed interest to DEQ regarding reclaimed water to alleviate drought
• Work group of DEQ, municipalities, and technical experts led to OK water reuse regulations in 2012
• OAC 252:627 Wastewater Reuse (operations standards)
• OAC 252:656-27 Wastewater Reuse (construction standards)
Water Reuse
• Wastewater for reuse divided into six categories – each requiring specific treatment, reuses, testing frequencies, limits, and monthly reporting requirements
• Category factors:
• Final usage of reused water
• Potential for human contact
• Technology required to protect environment and public health
• Treatment technology currently available
• Permit to Construct, and Permit to Supply
Water Reuse CategoriesCategory Treatment Reuses
1 Reserved (for potable reuse) IPR and DPR
2 Secondary treatment, nutrient removal, coagulation, filtration, disinfection
Orchard/vineyard drip irrigation; spray/drip on sod farms, unrestricted access landscapes, golf courses; toilet flushing; fire protection; oil/gas production make-up water; etc.
3 Secondary treatment, nutrient removal,disinfection
Orchard/vineyard subsurface irrigation; restricted access landscapes; concrete mixing; dust control; restricted golf course; etc.
4 Primary treatment, disinfection
Soil compaction; similar construction activities; restricted access golf course; etc.
5 Primary treatment Irrigation for silviculture and restricted access range cattle, fiber, seed, and forage crops
Category 2 Testing, Frequency, and Limits
Testing Frequency Limits
Turbidity Continuous Not to exceed:• Daily avg. 2 NTU• 5 NTU > 5% of daily max/month• 10 NTU
Chlorine at POE Continuous Free chlorine > 1.0 mg/l (ppm)
Chlorine at EOP Daily Free chlorine > 0.2 mg/l, or combined chlorine > 0.50 mg/l
Fecal Coliform Daily • No detectable FC organisms in 4 of last 7 daily samples
• Single sample max < 23 cfu/100 ml
Nitrogen/Phosphorous Monthly < most stringent agronomic rate
CBOD5 Weekly < 20 mg/l
Purple Pipe
• All reclaimed water piping, valves, outlets, and appurtenances in distribution systems shall be colored purple (Pantone 522)
• Existing reclaimed water systems installed prior to July 1, 2012 will not be required to upgrade to purple, but must have frequent “DO NOT DRINK” signage
Water Reuse Facilities
• Currently OK has 150 permitted water reuse facilities
Category Amount Uses
2 1 Parade ground, cemetery
3 8 Golf course, crops, industrial cooling towers, irrigation
4 10 Golf course, crops, irrigation
5 131 Irrigation
Potable Reuse – Category 1
• Direct Potable Reuse (DPR)
• Toilet to tap
• Closed loop
• Public perception issues
• Engineered buffer
• Small temporal/spatial buffer
• No evaporation losses
• Indirect Potable Reuse (IPR)
• Surface water augmentation or groundwater recharge
• Environmental buffer
• Lesser public perception issues
• Evaporation losses with surface water augmentation
Indirect Potable Reuse (IPR)• Oklahoma currently focused on IPR regulations for surface water
augmentation.
• Work group of municipalities, national technical experts (Alan Plummer Associates, Black & Veatch, Carollo, Garver), OWRB, and DEQ to develop Chapter 628, Indirect Potable Reuse, for next year.
IPR Public Health Considerations
• Pathogens
• Carbonaceous Biochemical Oxygen Demand (CBOD5)
• Turbidity
• Nutrients (TN/TP)
• Chlorophyll-a
• Drinking Water Primary Standards
• Drinking Water Secondary Standards
• Constituents of Emerging Concern (CECs)
• Total Organic Carbon (TOC)
• Harmful Algal Blooms (HABs)
IPR Considerations
• Assimilative capacity
• Antidegradation
• Operator qualifications
• Sensitive public and private water supplies (SWS)
• Requirement for non-IPR discharge point
• Lake or reservoir monitoring
• Criteria to protect beneficial uses
• Legal, jurisdictional, regulatory, and partnership concerns
• Etc.
Conclusion
• Water Planners in the Western United States, including Oklahoma, are increasingly considering Direct Potable Reuse and Indirect Potable Reuse as viable options when augmenting existing water supplies.
Questions?
Michael B. Moe, P.E., Engineering ManagerWastewater Group, Water Quality Division, DEQ
Environmental Federation of Oklahoma ConferenceOklahoma City, OK
June 22, 2017
Stormwater Industrial Multi-Sector General Permit, OKR05
June 5, 2017: Final permit issued
July 5, 2017: Final permit effective
October 3, 2017: NOIs for existing facilities due
Stormwater OKR05 Outreach/Training Sessions
July 20 – Tulsa
To sign up, contact Vernon Seaman at INCOG
July 26 and 27 – Oklahoma City
To sign up, go to www.signupgenius.com/findasignup and
enter "[email protected]".
For general questions, contact Ismat Esrar at
DEQ ([email protected] or 405-702-8193)
Stormwater Construction General Permit, OKR10
April 3, 2017: Draft permit to EPA for review
Mid-June: Receipt of EPA approval or comments
End of June: Public notice/comment period opens
End of July: Public meeting/comment period closes
Mid-August: Final permit
issuance
Mid-September: Final permit
effective
eReporting Phase I eDMR reporting rolled out in
November/December 2016
Outreach/training sessions around the state
Electronic and paper reporting through April 2017
Now electronic reporting only
97% of permittees registered with ERS accounts
95% of permittees submitting eDMRs
Phase 2 goes into effect December 2020
NOIs, NOTs
Bypass reports
EPA
EPA WOTUS/Clean Water Rule
February 28, 2017: EO directing review of final rule
and publication of proposed rule rescinding or revising
2015 rule
March 6, 2017: FR notice of intention to review and
rescind or revise 2015 rule
State input requested on forthcoming proposal to
revise definition of “waters of the US”
EPA NPDES Program Updates Rule
Proposed rule published May 18, 2016
Revisions throughout NPDES rules, with emphasis on
WQBEL procedures and fact sheet documentation
Still high priority for EPA
EPA removing provisions that would allow designation
of administratively continued permits as “proposed
permits”
EPA Steam Electric Power ELG Revisions
Final rule published September 30, 2015
Late 2015: Multiple petitions challenging rule
March, April 2017: Petitions requesting administrative reconsideration of rule
April 12, 2017: EPA agrees to reconsider rule
April 25, 2017: FR publication of notice postponing compliance dates pending judicial review
June 6, 2017: FR publication of proposed rule postponing compliance dates pending rule reconsideration
July 6, 2017: Comments due on proposed rule
Interim TSS limits still apply to these discharges
ENVIRONMENTAL FEDERATION OF OKLAHOMA
2017 REGULATORY NEWSREEL
JUNE 22, 2017
303(d), 208, and you
Patrick Rosch, P.E.
Oklahoma Department of Environmental Quality
Act 1: The Clean Water Act (CWA)
Federal Water Pollution Control Act of 1972 (aka Clean Water Act)
National Goals and Policies:
Achieve by July 1, 1983, as an interim goal, wherever attainable, a level of water quality that provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water (aka fishable swimmable)
Eliminate the discharge of pollutants to navigable waters by 1985
Prohibit the discharge of toxic pollutants in toxic amounts
It starts with…
Water Quality Standards
Clean Water Act requires revision of WQS at least once every three years. WQS are revised annually in Oklahoma by the Oklahoma Water Resources Board (OWRB) and are found at Oklahoma Administrative Code Title 785 Chapter 45 (OAC 785:45).
WQS are both state and federal law.
WQS are composed of three parts: Beneficial Uses, Criteria, and an Anti-degradation Policy.
It starts with…
Water Quality Standards
Beneficial Uses are assigned to all streams, rivers,
lakes, and reservoirs
Fish and Wildlife Propagation,
Primary Body Contact Recreation,
Public and Private Water Supply,
Agriculture, Aesthetics, etc.
Criteria (both narrative and numerical) are
promulgated to protect each beneficial use.
Then what?
What is 303(d)?
This refers to Section 303(d) of the Clean Water Act.States are required to:
Develop lists of impaired waters
Establish priority rankings for waters on the list
Develop a TMDL for these waters.
Where to find the Oklahoma 303(d) List
Appendix C of the Oklahoma Integrated Report
DEQ’s website:
http://www.deq.state.ok.us/wqdnew/305b_303d/2014/2014_appendix_c_303d-final.pdf
Request a copy from DEQ
Excerpt from
2014 Oklahoma 303(d) List
A TMDL
has been
completed
for this
waterbody
What is a TMDL?
A Total Maximum Daily Load (TMDL)
is the amount of pollution a
waterbody can receive without a
violation of Water Quality
Standards.
TMDL = Σ WLA + Σ LA + MOS
TMDL= All Wasteload allocations + All load allocations + margin of safety
W
L
A
1
WLA 2
WLA 3
NPS 1NPS 2
MOS
Reserve
Background
Total Load
Allocations
Total
Unallocated
Total Load Wasteload
Allocations (208 plans)
What is a 208 Plan?
This refers to Section 208 of the Clean Water Act. The CWA mandates that states develop plans to describe the
process used in identifying point and nonpoint sources of pollution and the implementation of programs and procedures for prevention of pollution to waters of the State.
The outcome of this process is a planning document called the Water Quality Management Plan (or 208 Plan).
The 208 Plan contains wasteload allocations for all point sources containing dissolved oxygen-demanding substances and those WLAs necessitated by a TMDL. Other WLAs may be included on a case-by-case basis.
Since most industries do not produce a significant oxygen-demanding discharge and only some are impacted by a TMDL, the 208 Plan does not contain as many industrial WLAs.
Municipal WTP 208 Plan
Municipal WWTP 208 Plan
Industrial Facility 208 Plan
Summary
Where to find more information
Oklahoma Continuing Planning Process
http://www.deq.state.ok.us/wqdnew/305b_303d/
Final%20CPP.pdf
Any questions?
