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2009 Triennial Review of Water Quality Standards: Public Hearing Presentation

2009 Triennial Review of Water Quality Standards: Public Hearing Presentation. Greg Denton Tennessee Department of Environment and Conservation Division of Water Pollution Control.

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2009 Triennial Review of Water Quality Standards: Public Hearing Presentation

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  1. 2009 Triennial Review of Water Quality Standards:Public Hearing Presentation Greg DentonTennessee Department of Environment and ConservationDivision of Water Pollution Control

  2. At its September meeting, the Water Quality Control Board initiated the triennial review process. This process is required in both state and federal law.State: TCA 69-3-105(Duties and Authorities of the board)Federal: Section 303(a)(Water Quality Standards and Implementation Plans)

  3. At its October meeting, the Board approved a draft set of revisions. These revisions were published as a “Notice of Rulemaking Hearing” and the proposed changes were posted on the department’s web site: http://www.tn.gov/environment/wpc/ppo/ph1200_04_03_and_04amd.pdfAdditionally, the Board voted to hold the first public hearing in Nashville at the Board’s regular meeting on December 15, 2009.Additional hearings will be held in January, 2010.

  4. Water quality standards are created by the combination of: (1) stream-use classifications (Chapter 1200-4-4), (2) water quality criteria, and an (3) antidegradation statement (Chapter 1200-4-3).

  5. Since streams in Tennessee are both “waters of the state” and “waters of the nation,” TDEC and EPA work in partnership in goal setting.TDEC (the board) establishes standards as a state rule. EPA advises the state and ultimately must approve the results. Changes cannot be used for “Clean Water Act” purposes until EPA has approved them.

  6. Once established and approved, water quality standards provide the foundation for three critical departmental activities: • Water Quality Assessment - Data from streams and lakes across the state are compared to clean water goals. Impaired streams are identified. Output: 303d List and 305(b) Reports. • Allowable In-stream Concentrations. The maximum allowable concentration in the water column. Output: NPDES permits. • Allowable Pollutant Loadings Over Time. Output: Total Maximum Daily Load (TMDL) studies.

  7. Substantive Changes: Stream-use Classifications for Surface Waters [Chapter 1200-4-4] • None proposed.Reason: Comments will be accepted.

  8. Substantive Changes: Domestic Water Supply Criteria [1200-4-3-.03(1)] • None proposed.Reason: No recent revisions to MCLs.

  9. Substantive Changes: General Considerations [1200-4-3-.0(1)(6)] • Wet weather conveyance definition being revised. (Different regulatory track.)Reason: Consistency with state law.

  10. Substantive Changes: Fish and Aquatic Life Criteria [1200-4-3-.03(3)] • Revise acute selenium criterion to incorporate formula based on selenate and selenite fractions. (Chronic criterion not proposed for revision.)Reason: Match EPA National Criterion

  11. Substantive Changes: Recreational Criteria [1200-4-3-.03(4)] • Add selenium criteria. Modify existing criteria for acrolein and phenol.Reason: Match EPA National Criteria

  12. Substantive Changes: Definitions [1200-4-3-.04(9)] • Add definition for “measurable degradation.” Reason: Term referred to in antidegradation policy. (Unavailable conditions and ONRW)

  13. Substantive Changes: Interpretation of Criteria [1200-4-3-.05(7)] • Add words “or in water quality assessments” to paragraph about natural conditions. Reason: Make it clear that criteria violations due to natural conditions are not pollution.

  14. Substantive Changes: Antidegradation Policy [1200-4-3-.06] • General reordering of paragraphs. Reason: More logically follow the permit application process.

  15. Substantive Changes: Antidegradation Policy [1200-4-3-.06(2) ] • Under Unavailable Conditions incorporate concept of measurable degradation. Reason: Eliminate potential confusion over whether de minimis levels of degradation can be allowed.

  16. Substantive Changes: Antidegradation Policy [1200-4-3-.06(5) ] • Delete paragraphs (6) and (7). Reason: Paragraphs (6) and (7) were out of place and provide information already found elsewhere (in other regulations).

  17. Substantive Changes: Antidegradation Policy [1200-4-3-.06(4)(d) & (6)] • Delete paragraphs dealing with declaratory order contested cases for ETWs. Adds section (6) for permit appeals process which stays the effectiveness of the proposed permit. Reason: Update to make the Antidegradation Policy consistent with the third-party appeal law passed by the general assembly.

  18. Questions? gregory.denton@tn.gov

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