Ohio EPA Compliance Assistance Conference

Division Priorities and Hot Topics

Vlad Cica P.E., ChiefDivision of Materials & Waste Management

October 30, 2018

DMWM Hot topics for today:

• Beneficial Use Program• C&DD Program & Operator Certification• Elevated Temperature Landfills• Mosquito Control Grant Program• End of Post Closure Care

Beneficial Use Program

OAC 3745-599

• Rules effective March 31, 2017 (OAC 3745-599)

• Land application of: foundry sand, drinking water treatment sludge, sewage sludge incinerator ash, Lake Erie area dredge, non-haz waste used as fuel

Beneficial Use Program (cont.)

2 Emerging General Permits:

Drinking Water Treatment Materials (DWTM) • Application to farm fields as liming agent• Provisions for testing residual microcystin content if

water source had an algal bloom• BMPs to protect surface and ground waters

Beneficial Use Program (cont.)

Dredged Material from Cleveland Harbor• Use in a soil blend or general/structural fill• Standards for metals and PCBs• BMPs to protect surface and ground waters

Amending Ch 599 to specify when dredge is not an ORC 6111 “other waste” or ORC 3734 “solid” waste.

DMWM soliciting comments from stakeholders in developing all general permits and rules.

C&DD Processing Facilities

• Regulated for the first time• Authorized by S.B. 2, June 2017• Initial registration to establish location• Developing rules for:

Initial permit and annual operating license siting criteria operating and reporting requirements financial assurance.

Operator Certification

• C&DD landfills and processing facilities must have certified operator by December 2019

• Ohio EPA/Industry/Health Department panel to establish C&DD certification curriculum

• Similar rules for composting facility operators in the future

Elevated Temperature Landfills

• Subsurface temperatures > 170 0F• Potential damage to landfill components• Significant areas of subsidence• Potential odor and PR concerns with

neighbors• Increased leachate generation and changing

chemistry

Elevated Temperature Landfills (cont)

• Currently 5 in Ohio, first in 2006• Director’s Final Findings and Orders for 5

landfills to address issues• DMWM monitoring 3 others• Working with U.S. EPA researchers and

industry to find causes and remedies.

Mosquito Control Grant Program

• Established in 2016 to support ODH and combat mosquito borne illnesses

• Health Departments & Municipalities eligible• Covers costs of mosquito control activities Surveillance (trap and analyze) Insecticides Tire/trash dump removal Citizen outreach and education

MCG Success

• $3.7 million awarded over first 3 years• 52 new/expanded surveillance programs• 85 new/expanded control activities• 38 cleanup sites, mostly scrap tires

End of Post Closure Care

• Approx 35 landfills in next 3 years will have completed PCC period (30 years in most cases)

• Need process of evaluating any present risks to the environment

• Director’s approval required to end, extend, or grant partial release from requirements

• DMWM working with stakeholders

Ohio EPADivision of Surface Water

One Water

August 30, 2018

Triennial Review Wave 1 3745-1-01: Purpose and applicability

• Added criteria covering harbor or navigation maintenance activities in support of law banning open lake disposal by 2020

3745-1-04: Criteria applicable to all waters

• Revised threshold bacteria counts • 576 per hundred milliliters to 1030 per hundred milliliters

Adopted rules. Effective 1/2/18

IPRDSW - Rules

Rules in Development:Triennial Review Wave 2

• Definitions of terms and use designations

• Address U.S. EPA’s new human health criteria (94 chemicals)

• Variances (process change in federal regs) and mixing zones

• Adding frequency and duration language

• National criteria: ammonia, cadmium

• Ohio EPA criteria: fluoride, strontium, barium, peracetic acid

IPRDSW - Rules

IPR

Rules in Development:

Triennial Review Wave 3

• Antidegradation

• List of high quality waters

IPRDSW - Rules

DSW - Rules

Rules in Development:• Water Quality Certified Professional (WQCP)

Program• Requirements listed in statute: OAC

6111.30 (J)• Primary Headwater Manual – field guide

for evaluating “existing use”

IPR

Surface Water Record Keeping Requirements and Responsibilities

• New Operator Recordkeeping requirements of OAC 3745-7-09 went effective in August 2018

Add 4 parameters to lowest-numbered outfall in eDMR– Plant Core Person ID, – Plant Time In, – Plant Time Out, – Collection system visit Core Person ID

Added codes will only appear on the current e-DMRAdd each month until long-term solution is developed

TSDs & TMDLs in the Works

• Provide at least two opportunities for stakeholder input

• 48 projects in various stages of development

Oil & Gas Pipeline General Permit

• Issued September 17, 2018

• Industry comments:– Ohio EPA lacks explicit statutory authority to issue

non-NPDES permit• 6111 provides broad waters of the state authority

Oil & Gas Pipeline General Permit• Industry comments:

– 5-acre trigger is too low

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Watersheds in Distress

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Watersheds in Distress

• Samples are collected in the Maumee River at Waterville, Ohio

• Samples are collected 3x/day*, year-round and retrieved weekly for analysis in the laboratory

• Sampled since 1974 for all major nutrients and sediments

Load Monitoring

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Load Monitoring

41 spring seasons

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Load Monitoring - Added in Early 2000s

41 spring seasons6 - 11 spring seasons

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Load Monitoring - Added 2013-2015

41 spring seasons

6 - 11 spring seasons

4 - 5 spring seasons

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Load Monitoring - Added in 2017-2018

3 - 5 spring seasons1 - 2 springseasons

41 spring seasons

6 - 11 spring seasons

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Flow Weighted Mean ConcentrationsLast Four Spring Seasons (2014-2017)

FWMC ‘14- ’17 Results:

TP and/or DRP > 2X targets

FWMC Annex 4 Targets:TP: 0.23 mg/LDRP: 0.05 mg/L

Both < 2X targets

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Flow Weighted Mean Concentrations2017 Spring Season

FWMC 2017 Results:

TP and/or DRP > 2X targets

FWMC Annex 4 Targets:

TP: 0.23 mg/LDRP: 0.05 mg/L

Both < 2X targets

US EPA Initiative• Reduce national rate of NPDES Significant

Non-Compliance (SNC) by 50% by FFY 2022

• Reduce the SNC rate to 21% from the baseline of 24% by September 30, 2019

NPDES Permit Stations* in SNC

0

50

100

150

200

250

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

2014 vs 2017

NWDO

NWDO

NEDO

NEDO

SWDO

SWDO

SEDO

SEDO

CDO

CDO

2014 Dashed Lines

2017 Solid Lines

Common NPDES Violations

• Failure to submit monthly discharge monitoring reports (DMRS) or provide periodic sample results – Due by 20th of the month!

• Exceeding Permit Limits

• Failure to operate/maintain/calibrate wastewater treatment equipment

• Failure to have an Operator of Record

Common NPDES Violations

• Failure to renew NPDES permit in a timely fashion – No later than 180 days prior to expiration!

Reminder letter and forms sent 300 days prior permit expiration (120 days before)

**New Reminder (30 days before)

• No Storm Water Pollution Prevention Plan (SWPPP) on site / incomplete SWPPP

Program UpdateDivision of Drinking and Ground Waters

Ohio EPA Compliance Assistance ConferenceOctober 30, 2018

Amy J. Klei, ChiefDivision of Drinking and Ground Waters

Overview

• 2018 Big Picture Review• Rule Development/Implementation

– Lead and Copper– Asset Management– Disruption of Service– Operator Certification

• Emerging Contaminants

Lead and Copper

• Effective date May 1, 2018• Key points of the final rules:

– establishes lead threshold level in rule (15 ppb)– Clarifies 90th Percentile Calculation in rule– Mapping requirements for PWSs– 30 day requirement for completing Pb & Cu analyses– Notification to Ohio EPA for system changes that could

effect corrosion control

Lead and Copper

• Key points of final rules (continued):• Faster notification to consumer in rule • Filters provided when main replacement activity

occurs in areas of lead service lines OR when partial lead service line replacements occur

• Faster notification and public education timelines when an action level exceedance occurs, added new health language

• More stringent criteria to qualify for triennial monitoring qualification

Disruption of Service Rules

• JCARR 10/15/18; effective _____• Ohio EPA has worked with Ohio AWWA for several years

on developing the rule• Disruption in service defined as inability to maintain a

minimum pressure of 20 psig• Splits disruptions in service into 4 types

– Type 1 and 2 do not require reporting to Ohio EPA or total coliform sampling

– Type 3 and 4 require notification and sampling• Addresses repairs and replacements in areas with known

or likely to contain lead service line

Draft Guidelines for Water Line Repairs and Replacements in Areas with Lead Service Lines

• Agency worked with sub-group of Ohio AWWA on guidance

• Focuses on simultaneous compliance with notification requirements of proposed Disruption of Service and Lead & Copper rules

Asset Management – SB 2 Provisions• Components:

– Inventory and evaluation of all assets– Operation and maintenance programs– Emergency preparedness and contingency planning program

• Expanded escrow and added financial assurance flexibility• Set up receivership process• Criteria and timelines for infrastructure rehabilitation and

replacement• Approved capacity projections and capital improvement

planning• Long-term funding strategy to support asset management

program implementation

Asset Management Rules

• Designed to mesh proposed statutory change and existing capability and contingency planning rules

• Address the managerial, technical and financialcapability of all water systems

• OEPA/Ohio AWWA subgroup worked on rules and implementation

• Following our typical rulemaking process – JCARR 10/15; Effective date _____

Asset Management Implementation Tools and Guidance

• Developing guidance for systems, expectations will vary based on system type and complexity

• Templates available for very small systems• Asset Management Webpage:

http://epa.ohio.gov/ddagw/pws.aspx#113435168-asset-management

Funding

• Asset Management Planning loans are available– Terms of 5 years at 0% interest– Potential for $10,000 in principal

forgiveness– First come, first serve

• Emergency Generator Grants– $10K, small community PWS

• Prioritized funding for regionalization and HAB infrastructure

Operator Certification Rules

• Revised rules effective 8/15/18• All certified operators referred to as “Professional” Operators.• Changes to operating experience definition effective 08/15/19• Contract Operators must apply for approval by 9/15/18• Minimum staffing requirements for both collection and

distribution systems– Class 1 (3 visits per week)– Class 2 (5 visits per week)

• Applicants for exams, certification and renewal must complete Ohio EPA Operator Training Course

Emerging Contaminants

• Knows and unknowns– HABs– Per- and Polyfluoroalkyl Substances (PFAS)– [fill in the blank]

• Public expectations have changed • Need regulatory programs to evolve, focused

research and innovation to meet challenges• Vital role of Asset Management and Source Water

Protection to build resilience

Per- and Polyfluoroalkyl Substances (PFAS)

• A broad family of synthetic organic chemicals first developed by 3M in the late 1940s and used worldwide since the 1950s

• The most common specific PFAS are PFOS and PFOA• Benchmarking with other states to identify the

industry types and potential sources• U.S. EPA 4-step action plan

Known Ohio PFAS Contamination Sites

• DuPont/Chemours Washington Works Plant, Parkersburg, WV

• Newport Volunteer Fire Department

• Wright Patterson Air Force Base

• Dayton Fire Training Center

• Toledo Air National Guard Base

Response Strategy to PFAS in Ohio

• Ohio EPA has established a PFAS Workgroup – toxicological review, monitoring, remediation, source

control/remediation, analytical/sampling methods, messaging/outreach, legal

– External subcommittees to facilitate communication/coordination with external partners

• Initial priority to develop response to protect drinking water with parallel and future efforts on other media

• Working directly with USEPA, ECOS, and other national groups on national policy

• OEPA purchasing analytical equipment

Questions?

Amy Jo Klei, Chief Division of Drinking and Ground Waters

614-644-2752Amy.Klei@epa.ohio.gov

http://epa.ohio.gov/ddagw/