Wednesday, June 9, 2010

The Texas Commission on Environmental Quality (TCEQ) proposed revisions of the surface water quality standards (SWQS) and Procedures to Implement the Texas Surface Water Quality Standards (IP) on January 29, 2010. TCEQ plans to adopt the rule and IP in July 2010. TCEQ began this revision process in 2007 and has convened a number of stakeholder meetings to discuss the proposed revisions.

TCEQ has proposed to revise the 2000 SWQS in the following areas:

• Adoption of nutrient criteria for lakes;
• Recalculation of aquatic life and human health-based criteria for certain toxic pollutants;
• Revisions of recreational use designations and associated bacteria criteria;
• Determination of standards attainment;
• Revisions to whole effluent toxicity (WET) requirements to respond to U.S. EPA concerns; and
• Site-specific criteria for various surface water segments.

The proposed revisions to the IP incorporate changes necessitated by revisions to the SWQS and a complete revision of the WET test requirements to include sub-lethal toxicity test endpoints to trigger possible permit limits. Of particular importance to industry will be potential changes to the WET test requirements and reasonable potential procedures for determining when a WET limit is required in a TPDES permit. There are also revised minimum analytical levels (MALs) for many chemical constituents that will affect the analytical methods used for preparing permit applications and demonstrating compliance with TPDES permit limits.

This paper will discuss the revisions to the SWQS and implementation procedures that TCEQ has proposed, their potential impacts on industry and particularly TCC member companies, and how to adapt to the new rules and procedures.

Whole effluent toxicity (WET) test requirements have been included in federal and state wastewater permits issued to Texas permit-holders for more than three decades and chronic WET tests have been included for more than two decades.  A lot of WET tests have been completed and, based on the results of these tests, many Toxicity Reduction Evaluations (TRE) have been required.  Until recently, almost all TREs have been focused on identifying and mitigating the drivers for acute or chronic lethal toxicity.  Many of these TREs have successfully identified the causative toxicant and, in some cases, co-occurring sublethal toxicity has been resolved by measures taken to control chronic lethal toxicity.

The 2000 Texas Surface Water Quality Standards and the Procedures to Implement the Texas Surface Water Quality Standards (IP) provide a means for requiring TREs to address sublethal toxicity; however, the provisions have been implemented rarely.  Consequently, few studies have been undertaken and – without data to support a contrary argument -- there is concern that the methods available for identifying sublethal toxicity may not be adequate.  Thus, TCEQ’s newly-proposed rules and IPs, which provide for stronger sublethal toxicity controls (including WET limits and TREs), are worrisome for many Texas permit holders.

This paper will present results of a recently completed TRE that successfully identified the cause of sublethal toxicity (expressed alone, without lethal toxicity) observed in tests with the water flea, Ceriodaphnia dubia.  The programmatic approach, selected to exclude toxic but sub-optimum samples from further study, will be described and multiple lines of evidence used to support characterization and identification of the causative toxicant will be discussed.

EPA conducts routine SPCC inspections at facilities in all Regions.  In EPA Region VI, common Enforcement issues occur when a facility’s SPCC plan does not implement appropriate containment and diversionary structures, and when inspections and tests required by federal regulations were not in accordance with written procedures, when personnel working at the site have inadequate training on the operation and maintenance of equipment to prevent discharges, discharge procedure protocols, and applicable pollutions control laws, rules and regulations.  Is your facility doing the things now that they need to be doing to avoid SPCC Enforcement if you’re inspected? What are the common areas that Enforcement occurs, and what you can do now to insure you’re ready for the 2010 compliance deadlines.

Ms. Burgin will provide information on recent federal programmatic, litigation, and congressional developments and other emerging state and federal issues and trends with potential to impact storm water and wastewater permit requirements. Ms. Burgin will also address SPCC developments from the industry perspective. Developments in enforcement will be discussed. Attendees are encouraged to bring their specific questions for the question and answer sessions.

Is Your Facility Waste Compliance "Inspection Ready"? What you can do now to prepare for an EPA/ TCEQ Waste Inspection

TCEQ Region XII conducts routine Waste Comprehensive Compliance Inspections at facilities generating Hazardous and NonHazardous Waste.  Is your facility “inspection ready”? Presenter will present common areas that are routinely inspected, what TCEQ Region XII is looking for, what common compliance errors your facility might have, and how to correct those.  This session will focus on “what you can do now” to prevent a problem in an inspection. Participants will be encouraged to share experiences and ask questions.

2010 Changes You Should Make to Your SPCC Plan Now

Tips for complying with the revised the Spill Prevention Control and Countermeasure Regulations which became final January 2010. Presenter will share compliance requirements, due dates, and specific items that facilities need to review to insure they are ready for the November 2010 compliance date. Several changes were implemented as a result of questions from the Regulated Community. How those impact your SPCC Plans, facility inspections, and containment requirements will be reviewed. Participants will be encouraged to share experiences and ask questions.