Pollution Control StandardsPollution Control Standards

1) Proposed 2012 PCS Revisions1) Proposed 2012 PCS Revisions

2) Draft Variance Process2) Draft Variance Process

3) Consideration of PPG Variance Request3) Consideration of PPG Variance Request

4) Potential Future Variance Requests4) Potential Future Variance Requests

Note: Report of the PCS Committee Note: Report of the PCS Committee attached to Commission Meeting agenda. attached to Commission Meeting agenda.

Proposed 2012 Revisions to Proposed 2012 Revisions to ORSANCO ORSANCO

Pollution Control StandardsPollution Control Standards

Issues Under ConsiderationIssues Under Consideration1) Reorganization of standards document to 1) Reorganization of standards document to

enhance its usability.enhance its usability. Temperature criteria for aquatic life revised.Temperature criteria for aquatic life revised. Temperature criterion for human health Temperature criterion for human health

added.added. Selenium criteria revised.Selenium criteria revised. Contact Recreation Criteria revised.Contact Recreation Criteria revised. Variance section revised.Variance section revised.

Document ReorganizationDocument Reorganization

Content of 2011 StandardsContent of 2011 Standards

Authority and Authority and PurposePurpose

DefinitionsDefinitions Designated UsesDesignated Uses Water Quality Water Quality

CriteriaCriteria Waste Water Waste Water

Discharge Discharge RequirementsRequirements

Mixing Zone Mixing Zone DesignationDesignation

LimitationLimitation VarianceVariance Analytical MethodsAnalytical Methods Severability ClauseSeverability Clause AppendicesAppendices

Content of Proposed 2012 StandardsContent of Proposed 2012 Standards

Chapter 1:Chapter 1: General Provisions General Provisions • Authority & PurposeAuthority & Purpose• DefinitionsDefinitions• General ConditionsGeneral Conditions• LimitationsLimitations• SeverabilitySeverability• VariancesVariances• Site Specific CriteriaSite Specific Criteria

Chapter 2:Chapter 2: Designated UsesDesignated Uses

Chapter 3:Chapter 3: Water Quality CriteriaWater Quality Criteria• Summary Table of Criteria (Added)Summary Table of Criteria (Added)• Aquatic LifeAquatic Life• Human HealthHuman Health

Chapter 4:Chapter 4: Mixing ZonesMixing Zones

Chapter 5:Chapter 5: Wastewater Discharge RequirementsWastewater Discharge Requirements

Temperature Criteria for Aquatic Life ProtectionTemperature Criteria for Aquatic Life Protection

Proposed revisions were based on more recent scientific data on Proposed revisions were based on more recent scientific data on temperature endpoints for aquatic life temperature endpoints for aquatic life (Upper lethal value for (Upper lethal value for Spotted Sucker) Spotted Sucker) and more recent ambient temp data for the Ohio and more recent ambient temp data for the Ohio River.River.

Proposed revisions were to change from 89 deg F to 87.8 deg F. Proposed revisions were to change from 89 deg F to 87.8 deg F.

Received Public Comment after Close of Comment PeriodReceived Public Comment after Close of Comment Period• Upper lethal value reported as >89 deg F in literature.Upper lethal value reported as >89 deg F in literature.• However, 89 deg F was used in the criteria development model.However, 89 deg F was used in the criteria development model.• Comments received from Temp Workgroup were in favor of not Comments received from Temp Workgroup were in favor of not

including revised. including revised.

Recommended revisions based on ambient temperature data Recommended revisions based on ambient temperature data developed by temperature work group remain.developed by temperature work group remain.

Time Period Current °FUpper Middle Lower

January 1-31 50 45.7 46.8 49.3February 1-29 50 44.0 48.1 48.7

March 1-15 56 49.0 55.2 53.0March 16-31 59 54.1 60.0 57.2

April 1-15 64 59.1 64.9 61.4April 16-30 69 64.1 69.5 65.4May 1-15 73 69.0 74.2 69.4

May 16-31 80 74.1 79.0 73.6June 1-15 85 80.0 84.1 78.8June 16-30 87 87.8 87.8 87.8July 1-31 89 87.8 87.8 87.8

August 1-31 89 87.8 87.8 87.8September 1-15 87 84.1 86.1 85.0September 16-30 86 84.1 86.1 85.0

October 1-15 82 76.2 79.2 77.7October 16-31 77 71.6 73.8 72.9

November 1-30 72 64.7 65.9 65.8December 1-31 57 55.5 55.3 56.5

Averages of Proposed Daily Maxima °F

Temperature Criterion for Human Temperature Criterion for Human Health ProtectionHealth Protection

To protect human health from exposure to contact To protect human health from exposure to contact with water; to prevent burns.with water; to prevent burns.

Maximum temperature of 110 deg F.Maximum temperature of 110 deg F.

Applies everywhere: inside and outside the mixing Applies everywhere: inside and outside the mixing zone.zone.

Temperature workgroup recommended 116.5 deg F.Temperature workgroup recommended 116.5 deg F.

American Burn Association – Scald Injury Educator’s GuideAmerican Burn Association – Scald Injury Educator’s Guide• 5 min exposure to 5 min exposure to 120120 = adult 3 = adult 3rdrd degree burn degree burn• Children have thinner skin & less surface areaChildren have thinner skin & less surface area

PADEPPADEP• Public safety value = Public safety value = 110110

WHOWHO• Hot tub temperatures should be <Hot tub temperatures should be <104104• = prolonged exposure (15-20 min)= prolonged exposure (15-20 min)

Antiscald Inc (based on Moritz & Henriques 1947)Antiscald Inc (based on Moritz & Henriques 1947)• 120120 = 2 = 2ndnd degree burn in 8 min degree burn in 8 min

Pub says 9 min 30 sec to 2Pub says 9 min 30 sec to 2ndnd degree burn at 120.2 degrees degree burn at 120.2 degrees• 118.4118.4 = 2 = 2ndnd degree burn in 15 min degree burn in 15 min• 116.6116.6 = 2 = 2ndnd degree burn in 20 min (25 according to original pub) degree burn in 20 min (25 according to original pub)• 113113 = 2 = 2ndnd degree burn in 2 hours degree burn in 2 hours

Diller 2006Diller 2006• Reduce temp standards by Reduce temp standards by 3-43-4 degrees to apply to children degrees to apply to children

Huyer et al 1997Huyer et al 1997• 108-113108-113 = “too hot for activities; threshold for sensation of pain in adults” = “too hot for activities; threshold for sensation of pain in adults”

Recreational Use CriteriaRecreational Use Criteria

1) Recreation season extended from May-Oct to Apr-Oct.1) Recreation season extended from May-Oct to Apr-Oct.

2) Revisions based on USEPA’s proposed criteria:2) Revisions based on USEPA’s proposed criteria:a) Fecal coliform criteria removed from Chapters 3 & 5.a) Fecal coliform criteria removed from Chapters 3 & 5.

b) Monthly geometric mean E. coli criterion of 130/100mL revised b) Monthly geometric mean E. coli criterion of 130/100mL revised to 90-day geometric mean criterion.to 90-day geometric mean criterion.

c) Single sample monthly max E. coli criterion of 240/100mL c) Single sample monthly max E. coli criterion of 240/100mL revised to not to be exceeded in more than 25% of samples in revised to not to be exceeded in more than 25% of samples in 90 day period.90 day period.

Comparison of Proposed RevisionsComparison of Proposed Revisions

# Mos. Exceed % Mos. Exceed Assessment

ORM 462.5 3 10% Full Support

ORM 477.5 11 37% Non-Support

# Mos. Exceed % Mos. Exceed Assessment

ORM 462.5 1 5% Full Support

ORM 477.5 3 15% Partial Support

30-Day Geo Mean E. coli 130/100mL

90-Day Geo Mean E. coli 130/100mL

Maximum Criterion E. coli 240/100 mL

Current single sample max criterion not exceeded in > 10% of all samples.

Proposed 25% in 90 days: Allows 3 exceedances in any 90 day period.

Selenium CriteriaSelenium Criteria Current Selenium Criteria are considered Current Selenium Criteria are considered

outdated.outdated. States have been reluctant to delete criteria States have been reluctant to delete criteria

without replacement.without replacement. US EPA is said to be close to issuing new US EPA is said to be close to issuing new

criteria.criteria. Acute aquatic life criterion of 20 ug/L Acute aquatic life criterion of 20 ug/L

removed while the chronic aquatic life removed while the chronic aquatic life criterion of 5 ug/L has been retained.criterion of 5 ug/L has been retained.

Revisions to Variance SectionRevisions to Variance Section1)1) Removed provision requiring concurrence from all Removed provision requiring concurrence from all

affected states that a variance would be considered.affected states that a variance would be considered.

2)2) Added a statement that ORSANCO would seek the Added a statement that ORSANCO would seek the state’s regulations that would allow the requested state’s regulations that would allow the requested variance to be implemented (intended to be done prior to variance to be implemented (intended to be done prior to evaluating a variance application).evaluating a variance application).

3)3) Added a provision that approved variances would Added a provision that approved variances would become part of the standards.become part of the standards.Note: This would require conducting the full standards revision Note: This would require conducting the full standards revision process.process.

4)4) Variance not to exceed 5 yrs (instead of permit Variance not to exceed 5 yrs (instead of permit expiration). expiration).

PCS Review ProcessPCS Review Process Public Comment Period Opened May 11, Public Comment Period Opened May 11,

2012.2012.• Several hundred postcards.Several hundred postcards.• Several thousand emails.Several thousand emails.• Public notice to newspapers basin-wide.Public notice to newspapers basin-wide.

Webinars held May 24, 2-4PM & May 30, 6-Webinars held May 24, 2-4PM & May 30, 6-8PM.8PM.

Hearing June 19, 2012, 4-7PM, Cincinnati Hearing June 19, 2012, 4-7PM, Cincinnati Airport Holiday Inn.Airport Holiday Inn.

Comment period closes July 20, 2012.Comment period closes July 20, 2012. Commission Action on Proposed Revisions Commission Action on Proposed Revisions

October 11, 2012.October 11, 2012.

Public Comments ReceivedPublic Comments Received 2 Dozen Comments Received2 Dozen Comments Received 20 comments concerned about revisions to 20 comments concerned about revisions to

contact recreation criteria, selenium, and contact recreation criteria, selenium, and variance language. Support temperature variance language. Support temperature revisions & addition of April to recreation revisions & addition of April to recreation season. season.

Ohio Utility Group concerned about addition of Ohio Utility Group concerned about addition of temperature criterion for human health & temperature criterion for human health & Commission authority to grant variances. Commission authority to grant variances. Support selenium revisions & AL temp criteria.Support selenium revisions & AL temp criteria.

POTW supports revisions to contact recreation.POTW supports revisions to contact recreation. KY Chamber supports selenium revisions.KY Chamber supports selenium revisions.

PPG Variance RequestPPG Variance Request Made public notification within 30-days of Made public notification within 30-days of

receipt of PPG’s request.receipt of PPG’s request.

Initial information submittal and two Initial information submittal and two subsequent submittals from ORSANCO’s subsequent submittals from ORSANCO’s info requests.info requests.

Site visit with WVDEP made.Site visit with WVDEP made.

All info on ORSANCO’s website. All info on ORSANCO’s website.

Standards Committee Standards Committee Recommending Recommending

Commission ApprovalCommission Approvalof PPG Varianceof PPG Variance

Would allow mixing zone for mercury.Would allow mixing zone for mercury.

Made public notification and opened Made public notification and opened 30-day public comment period.30-day public comment period.

Specifics of Proposed ApprovalSpecifics of Proposed Approval

1) Variance not to exceed 5 yrs beginning 1) Variance not to exceed 5 yrs beginning Oct 16, 2013.Oct 16, 2013.

2) Monthly avg limit not to exceed 55 ng/L.2) Monthly avg limit not to exceed 55 ng/L.

3) Commission’s criteria must be met 3) Commission’s criteria must be met outside mixing zone.outside mixing zone.

4) WVDEP may establish daily max limits.4) WVDEP may establish daily max limits.

5) Mercury reduction plan must be fully 5) Mercury reduction plan must be fully implemented.implemented.

Specifics (cont.)Specifics (cont.)

6) Annual progress reports required.6) Annual progress reports required.

7) Monthly Ohio River instream & 7) Monthly Ohio River instream & annual annual fish tissuefish tissue monitoring required to monitoring required to demonstrate compliance with standards.demonstrate compliance with standards.

8) Commission shall have sole authority to 8) Commission shall have sole authority to modify, renew or revoke the variance.modify, renew or revoke the variance.

9) Variance would not limit WVDEP’s 9) Variance would not limit WVDEP’s authority to impose additional or more authority to impose additional or more stringent requirements. stringent requirements.

Public CommentsPublic Comments

116 comments in favor of granting 116 comments in favor of granting variance, 89 opposed.variance, 89 opposed.

Responsiveness summary in agenda Responsiveness summary in agenda package.package.

Revisions based on comments to Revisions based on comments to include fish tissue monitoring.include fish tissue monitoring.

Variance Application & Review ProcessVariance Application & Review Process

PCS Committee is recommending:PCS Committee is recommending:1) Draft be followed for all requests until finalized.1) Draft be followed for all requests until finalized.

2) Draft be finalized after completing the first 2) Draft be finalized after completing the first variance request.variance request.

3) Initially no application fees but continue to monitor 3) Initially no application fees but continue to monitor workload.workload.

4) Generic process will apply to all variance requests.4) Generic process will apply to all variance requests.

5) Approved variances adopted into standards.5) Approved variances adopted into standards.

Public ProcessPublic Process

1) Public notification within 30 days of receipt 1) Public notification within 30 days of receipt of variance application.of variance application.

2) PCS Committee evaluation & 2) PCS Committee evaluation & recommendation to Commission.recommendation to Commission.

3) Commission authorization for 30-day public 3) Commission authorization for 30-day public comment period.comment period.

4) Commission consideration at next meeting.4) Commission consideration at next meeting.

5) Standards adopted into standards if 5) Standards adopted into standards if approved.approved.

Approval CriteriaApproval Criteria1) Demonstrate cannot meet standards 1) Demonstrate cannot meet standards

without mixing zone.without mixing zone.

2) Demonstrate there are no reasonable 2) Demonstrate there are no reasonable alternatives.alternatives.

3) Submission of an adequate Pollution 3) Submission of an adequate Pollution Minimization Plan.Minimization Plan.

4) Identification of best effluent quality 4) Identification of best effluent quality achievable.achievable.

5) Demonstration that best achievable 5) Demonstration that best achievable effluent quality will meet standards effluent quality will meet standards outside mixing zone. outside mixing zone.

Future Variance RequestsFuture Variance Requests City of Ironton, OH WWTP won’t be City of Ironton, OH WWTP won’t be

able to meet mercury criterion able to meet mercury criterion without mixing zone.without mixing zone.• OEPA draft permit includes language OEPA draft permit includes language

that they must make request to that they must make request to ORSANCO.ORSANCO.

• We have not received a request.We have not received a request.

SABIC in Indiana has talked with us SABIC in Indiana has talked with us but has not made a formal request.but has not made a formal request.

Questions?Questions?