Transcript Water Division

November 7, 2012
Manufacture Alabama Environmental Conference
Prattville, Alabama
Glenda L. Dean
Water Division Chief
Alabama Department of Environmental Management
Overview
adem.alabama.gov

Water Division Organizational Chart



Electronic Applications



303(d) List/TMDL Development
Water Quality Standards Review
Nutrient Criteria Development
NPDES Program Activities





e-file, e-complaint, e-reporting, e-permitting
Data Management
Water Quality Program Activities




Recent Management Changes
Vacant Management Positions
NPDES Petition
New General Permits
Coal Mine Study
Enforcement Trends
EPA Water Programs FY13 Activities


National and Regional Priorities
Rulemakings
Organizational Chart
Electronic Applications
adem.alabama.gov




e-file
 Allows easy access to documents via ADEM web-site
e-complaints
 Web-based complaint file system
e-permit applications
 Notice of Intent (e-NOI)
e-reporting
 Discharge monitoring reports (e-DMR)
 Drinking water reports (e-DWR)
 Sanitary Sewer Overflows (e-SSOs)
Electronic Applications (continued)
adem.alabama.gov

Data Management

Electronic flow of data/information from ADEM NPDES
database to EPA’s Integrated Compliance Information
System (ICIS)

Reduces errors due to manual data entry into ICIS system

Reduces manpower needed for manual data entry
Water Quality Program Activities
303(d) List/TMDL Development
adem.alabama.gov

2012 Proposed 303(d) List
 Public Notice ended on March 13, 2012
 Current discussions with EPA
 Minor changes expected as a result of comments received

As of October 1, 2012, 224 Alabama TMDLs have been approved
By EPA.
Water Quality Standards Triennial
Review
adem.alabama.gov

On July 19, 2012, a public hearing was held by ADEM to provide
the public an opportunity to comment on water quality
standards for Alabama waters. The Department received
comments from 8 individuals / organizations.

Current provisions are set forth at ADEM Adm. Code chapter
335-6-10, Water Quality Criteria, and chapter 335-6-11, Water
Use Classifications for Interstate and Intrastate Waters.

States are required by the Federal Water Pollution Control Act
to conduct a formal review of water quality standards at least
once every three years.
Use Classification Revisions
adem.alabama.gov

On October 19, 2012, the Environmental Management
Commission adopted revisions to add Swimming Classification
to certain streams in both the Coosa River and Black Warrior
River Basins.

Also, one Public Water Supply segment was adopted for Clear
Creek (Smith Lake). This segment is for the Curry Water
System.
Nutrient Criteria Development
Waterbody Type
Year
Reservoirs
2013 (Chlorophyll a Criteria)
Rivers and Streams
2013 (Selected Waterbodies)
Estuaries
2014 (Selected Waterbodies)
Wetlands
2016 (Selected Wetlands)
All dates subject to change.
Reservoirs Nutrient Criteria Development

Remaining Reservoirs
 Woodruff Reservoir (Alabama River Basin)
 Frank Jackson Lake (Yellow River Basin)
 Bear Creek Reservoir (Tennessee River Basin)
 Upper Bear Creek Reservoir (Tennessee River
Basin)
Rivers and Streams Nutrient Criteria Development



No adopted numeric criteria to date
Expect proposed criteria in 2013 (Weight of Evidence)
Numeric nutrient targets – TMDLs
 Cahaba River: Total P
 4 segments – 35 ug/l
 Flint Creek: Total P, Total N
 17 segments
 Puppy Creek: Total P – 22 ug/l
 Buxahatchee Creek: Total P – 66 ug/l
 Brindley Creek: Total P – 50 ug/l
Rivers and Streams Nutrient Criteria Development

Wadeable Streams Pilot Project Tallapoosa River Basin
 Auburn University Partnership
 Collect water quality / hydrologic data
 Identify key relationships between N, P and key biological
responses

Weeks Bay Nutrient Sources, Fate,Transport, and Effects Study
 Partnership with MS Department of Environmental Quality
 Gulf of Mexico Alliance Nutrient Priority Issue Team
 Action Plan II – Action Step 1.1
 Collect water quality / hydrologic data
 Develop a hydrodynamic water quality model (Tetra Tech, Inc.)
 Identify key relationships between N, P and key biological
responses
Wetlands Criteria Development

Ongoing Activities



Wetland monitoring program under development
National Wetlands Assessment completed in 2011
Regional Wetlands Monitoring Program is ongoing
NPDES Program Activities
Status of NPDES Petition to Withdraw
Program Authorization

Petition to withdraw NPDES program authorization was filed
with EPA Region 4 on January 14, 2010, by several Alabamabased environmental organizations.

On April 22, 2012, the Petitioners filed a Supplement to the
Petition.

The Department has responded to the Petition and has had
on-going discussions with EPA Region 4.

To date, EPA has not responded to the Petition.
New General Permits
adem.alabama.gov

Pesticide General Permit



General Permit for Mining and Processing of Non-Coal, Non-Metallic
Construction Aggregate, Construction Sand and Gravel, Chert or Dirt



6th Circuit Court decision required NPDES permits for discharges of pesticides on or near
waters of the U.S. Based on this court decision discharges of pesticides on or near waters
of the U.S. now require permits.
Pesticides General Permit permit was issued in October 2011.
Previously these activities required an Individual NPDES Permit.
Non-Coal Mining GP was issued in March 2012.
General Permit for (Less than 5 Acres) Mining and Processing of Non-Coal,
Non-Metallic Construction Aggregate Construction Sand and Gravel, Chert or
Dirt


Previously these activities were addressed under Construction Registration Regulations
Proposed General Permit on Public Notice October 31, 2012.
Alabama Coal Mine Study
adem.alabama.gov
 Study was conducted
by ADEM during 2011 and the data is
now being evaluated and a report will be issued
 Objective to determine impacts on water quality from coal
mine discharge activities
 Incorporates all phases of mining activities

Includes effluent monitoring (chemical-specific and WET),
stream monitoring for chemical-specific pollutants, and
macro-invertebrates
NPDES Enforcement Trends

FY12 Water Administrative Orders (Drinking Water,
NPDES and Underground Injection Control)




Total Orders = 66
Penalty Orders = 47
Total Water Penalties Assessed = $967,900
Average Over Last 5 Years (FY08-12)



Total Orders = 86
Total Penalty Orders = 55
Total Water Penalties Assessed = $764,396
EPA Activities for FY13
EPA Activities

National Water Enforcement Priorities




Sanitary Sewer Overflows (SSOs) and Combined Sanitary
Sewer Overflows (CSOs)
Concentrated Animal Feeding Operations (CAFOs)
Municipal Separate Storm Sewers (MS4s)
Regional Water Enforcement Priorities in addition to
National Priorities

Coal Mining (Kentucky and Tennessee Mountain Top Removal)


“Advancement in NPDES permit expectations”
Shellfish Harvesting Areas

Closures due to non-point source and MS4 pollution
EPA Activities for FY13

Proposed Rulemaking (as of August 2012)

Stormwater: Revision to NPDES regulations to address postconstruction storm water. Propose June 2013 with projected
promulgation December 2014.

NPDES Application and Regulation Update: Revisions to NPDES
regulations to eliminate inconsistencies between regulations and
application forms, improve permit documentation and transparency
and provide clarification to existing regulations. Propose in January
2013. Projected final date to be determined.

Electronic Reporting: Would require electronic submission of
reports to a centralized, national data system (i.e., ICIS-NPDES).
Propose late 2012. Projected to become final in 2013.
EPA Activities for FY13

Proposed Rulemaking Projections (continued)

Effluent Guideline Limitations for Coalbed Methane Extraction: EPA
to initiate rulemaking based on EPA’s multi-year study of Coalbed
Methane Extraction industry. Propose 2013.

Effluent Guideline Limitations for Steam Electric Power Plants: 2010
EPA settlement agreement to revise 1982 guidelines for power
plants. Propose November 2012. Project to become final in April
2014.

Cooling Water Intake Structure 316(b): CWA Sec. 316(b) requires
cooling water intake structures reflect best available technology for
minimizing impingement and mortality. Settlement agreement
extended date for final rule for existing structures to June 2013.
Water Division Contact Information
Glenda Dean
Chief, Water Division
[email protected]
334-271-7823
Lynn Sisk
Chief, Water Quality Branch
[email protected]
334-271-7826
Daphne Smart
Chief, Industrial/Municipal Branch
[email protected]
334-270-5602
Dennis Harrison
Chief, Drinking Water Branch
[email protected]
334-271-7774
Jeff Kitchens
Chief, SW Management Branch
[email protected]
334-271-7974