Biographical Information Lisa Novosat-Gradert, Senior - - PDF document

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Biographical Information Lisa Novosat-Gradert, Senior - - PDF document

Workshop J Navigating Ohio EP Na vigating Ohio EPAs W s Water Quality r Quality Standards and T Standards and Total Maximum Daily Load tal Maximum Daily Load (TMDLs) Ho (TMDLs) How t w to Find What Applies, Find What Applies,


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Workshop J

Na Navigating Ohio EP vigating Ohio EPA’s W s Water Quality r Quality Standards and T Standards and Total Maximum Daily Load tal Maximum Daily Load (TMDLs) … Ho (TMDLs) … How t w to Find What Applies, Find What Applies, When, and Where When, and Where

Thur Thursda sday, July 25, 20 , July 25, 2019 19 10:30 a.m. t :30 a.m. to Noon Noon

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Biographical Information

Lisa Novosat-Gradert, Senior Scientist/Project Manager EnviroScience Inc., 5070 Stow Rd., Stow, OH 44224 330-688-0111 x 181 LGradert @ EnviroScienceInc.com Lisa Novosat-Gradert is a senior professional with 30 years of government, law firm, and corporate experience focusing on environmental health and safety (EHS), environmental compliance strategies, remediation and redevelopment, risks and liabilities, Sarbanes-Oxley (SOX) reporting and certification, and business/commercial transactions across multiple industries both domestic and international. She has consistently demonstrated her ability to offer practical solutions as well as develop creative strategies to achieve effective solutions and address complex business issues. Ms. Novosat-Gradert professionally collaborates with management and corporate leaders on strategic and tactical issues to support business

  • bjectives. Her strong negotiation and interpersonal skills facilitate effective resolutions. Ms.

Novosat-Gradert maintains an extensive professional network with area business leaders and related EHS professionals. Melinda M. Harris, Supervisor of TMDL Program Ohio EPA Division of Surface Water 50 W. Town Street, Suite 700, Columbus, OH 43215 614-728-1357 melinda.harris@epa.ohio.gov Melinda Harris started her career with Ohio EPA, Division of Surface Water in 2001 as part of the Permit to Install and concentrated animal feeding operation (CAFO) unit. In 2007, Melinda became a rule coordinator for the Division where she handled the administrative aspects of the rulemaking process. Melinda was promoted to Supervisor of the Total Maximum Daily Load (TMDL) Program in 2016. Melinda oversees TMDL report development and the biennial Integrated Water Quality Monitoring and Assessment Report (IR). Melinda is a graduate of the University of Cincinnati with a B.S. in Civil and Environmental Engineering and M.S. in Environmental Engineering Management. Chris Skalski, Environmental Specialist III Ohio EPA Division of Surface Water 50 West Town Street, Suite 700, Columbus, OH 43215 614-644-2144 Fax: 614-644-2745 chris.skalski@epa.ohio.gov Chris joined Ohio EPA in 1992 where he has been employed within the Division of Surface water for the past 27 years. During this time, he has been involved with the development, review and update of Ohio’s water quality standards. Throughout his career, Chris has collaborated with numerous other programs within the Division that interface with the water quality standards program including NPDES and 401 permitting, TMDLs and water quality monitoring. Chris is a graduate of the University of Dayton with a B.S. in biology. Chris earned his M.S. in biological sciences from Wright State University in 1991 where he studied aquatic toxicology.

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Navigating Ohio’s Water Quality Standards

29th Annual Environmental Permitting Conference Worthington, Ohio Chris Skalski Division of Surface Water July 25, 2019

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Clean Water Act Components

  • Water Quality Standards (WQS)
  • Technology‐Based Standards
  • Point Source Permitting (NPDES)
  • Water Quality Inventory & TMDL
  • Compliance &Enforcement
  • Financial Assistance (revolving loans)
  • Citizen Suits
  • Employee Protection
  • Non‐Point Source Management
  • Dredge & Fill (401 ‐ 404)
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WQS Required Elements

  • A. Beneficial use designations

‐ Water body uses that are protected

  • B. Water quality criteria and values

‐ Numbers and narratives that protect water body uses

  • C. Antidegradation

– Restrictions on when water quality may be degraded – Special high quality waters

Water Quality Criteria

WQS

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WQS Apply to Surface Waters

  • f the State
  • All streams, lakes, reservoirs, ponds, marshes,

wetlands or other waterways except:

– Private waters that do not combine or effect a junction with natural surface or underground waters – Waters defined as sewerage system, treatment works or disposal system in ORC 6111.01

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How do I find applicable WQS for my water body of interest?

  • WQS are in OAC 3745‐1 (48 rules)
  • Use designations

– 3745‐1‐07 to ‐32 – Alphabetical listing available

  • Water quality criteria

– 3745‐1‐07, ‐31, ‐32, ‐33, ‐34, ‐35, ‐37 – Criteria summary tables available

  • Antidegradation category

– 3745‐1‐05

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Organization of the WQS

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  • A. DETERMINING APPLICABLE USE

DESIGNATIONS

Loss Creek, Crawford County

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Use Designations

Defined in 3745‐1‐07; assigned in 3745‐1‐08 to ‐32

  • Aquatic Life

– Exceptional warmwater – Coldwater – Seasonal salmonid – Warmwater – Modified warmwater – Limited resource water

  • Water Supply

– Public – Agricultural – Industrial

  • Recreation

– Bathing waters – Primary contact – Secondary contact

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Aquatic Life Uses

  • Exceptional warmwater habitat

– Exceptional or unusual biological communities

  • Coldwater habitat

– Trout stocking and management, or – Supports coldwater adapted

  • rganisms on annual basis
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Aquatic Life Uses Cont.

  • Seasonal salmonid habitat

– Large enough to support recreational fishing – Support passage of salmonids from October to May – Different use (EWH or WWH) applies rest of year – Specific Lake Erie tributaries (24 streams)

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Aquatic Life Uses Cont.

  • Warmwater Habitat

– Balanced warmwater biological communities – Most common aquatic life use

  • Modified Warmwater Habitat

– Incapable of WWH due to irretrievable modification

  • f habitat
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Aquatic Life Uses Cont.

  • Limited Resource Water

– No potential for any other aquatic life use – Natural background or irretrievable human‐induced conditions

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Water Supply Uses

  • Public Water Supply

– With conventional treatment, suitable for drinking

  • Agricultural Water Supply

– Suitable for irrigation and livestock watering without treatment

  • Industrial Water Supply

– Suitable for commercial and industrial uses, with

  • r without treatment
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Recreation Uses

  • Bathing Waters

– During recreation season, suitable for swimming with lifeguard and/or bathhouse

  • Primary Contact Recreation

– During recreation season, suitable for full‐body contact recreation

  • Secondary Contact Recreation

– During recreation season, suitable for partial body contact recreation

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https://epa.ohio.gov/portals/35/rules/water_body_index.pdf

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Looking for Adena Brook (Big Run), tributary to Olentangy River Index points to OAC 3745‐1‐09, page 33

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Default Use Designations

(Water bodies not specifically listed in rule)

  • Lakes and reservoirs (except upground storage reservoirs) –

EWH, PCR

  • Upground storage reservoirs – WWH
  • Surface waters within 500 yards of surface water intake;

publicly owned lakes and reservoirs; privately owned lakes and reservoirs used for drinking; surface waters used as emergency water supplies – PWS

  • Surface waters used for swimming where lifeguard and/or

bathhouse facilities present – BW

  • All other surface waters not listed – WWH chemical criteria,

PCR

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  • B. DETERMINING APPLICABLE

WATER QUALITY CRITERIA

Tributary to Kokosing River

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Water Quality Criteria

  • 1. Narrative

– Free froms

  • 2. Numerical

– Aquatic life (chemical and biological) – Wildlife – Aesthetics – Human health – Agricultural – Recreational

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B.1 NARRATIVE WATER QUALITY CRITERIA

Big Walnut Creek

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Free Froms (3745‐1‐04)

  • Apply to all surface waters, even mixing zones
  • Narrative statements prohibiting nuisance and

harmful conditions from:

– Suspended Solids – Oil & Other Floating Materials – Toxics from Human Activity – Nutrients – Raw/Poorly Treated Sewage

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B.2 NUMERICAL WATER QUALITY CRITERIA

Mohican River

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Aquatic Life Criteria

  • Chemical

– Inside and outside mixing zone maximum

  • Protect short‐term exposures (acute)

– Outside mixing zone average

  • Protect long‐term exposure (chronic)
  • Biological

– Outside mixing zone IBI, MIwb, ICI

  • Measure biological community health
  • Only for EWH, WWH & MWH
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Aesthetic Criteria

  • Inside and outside mixing zone maximums

– Protect against nuisance conditions

  • Algae, Foam, Oil & grease
  • Drinking outside mixing zone average

– Protects against bad taste and odor – Fish tainting

  • Phosphorus, Phenolic chemicals
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Agricultural Criteria

  • Outside mixing zone average

– Protects livestock watering and crop irrigation

  • Metals, Fluoride, Nitrates & nitrites
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Recreation Criteria

  • Inside and outside mixing zone statistical

threshold value (STV) and the 90‐day geometric mean

– Protect people from exposure to pathogens

  • Criteria

– E. coli

  • Criteria generally apply only during the

recreation season (May through October)

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Human Health Criteria

  • Nondrinking OMZA

– Protects people exposed via eating sport caught fish

  • Drinking OMZA

– Protects people exposed via drinking water and eating sport caught fish

  • Lake Erie basin – GLI criteria
  • Ohio River basin – national criteria (CWA &

SDWA)

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Water Quality Criteria Summary Tables

Available at the WQS Program Web Page

https://epa.ohio.gov/dsw/wqs/index

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Water Quality Criteria Summary Tables

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Water Quality Criteria Summary Table

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Wildlife Criteria

  • Outside mixing zone average

– Protect terrestrial wildlife against long‐term exposures

  • Lake Erie basin

– DDT, Dioxin, Mercury, PCBs

  • Ohio River basin

– PCBs

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DO WATER QUALITY CRITERIA APPLY TO ALL SURFACE WATERS OF THE STATE

Some criteria apply to all waters. Some criteria apply only to waters with designated uses. Chagrin River

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These Criteria Apply to All Surface Waters of the State

  • Aquatic life: IMZM, OMZM, OMZA

(Except that OMZA does not apply to LRW)

– Aquatic life use determines which IMZMs, OMZM and OMZAs apply (e.g., ammonia, dissolved oxygen)

  • Wildlife: OMZA
  • Aesthetics: IMZM, OMZA
  • Human health: Nondrinking
  • Recreation: Depends on use/water body type

– See definitions

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These Criteria Apply Only to Waters With Designated Uses

  • If designated EWH, WWH, MWH

– Biological: IBI, MIwb, ICI

  • If within 500 yards of drinking water intake

(and all Ohio River mainstem)

– Aesthetics: Drinking – Human health: Drinking

  • If designated AWS

– Agricultural: OMZA

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WQS Rule Development Overview

Step I Internal Review ESO Step II Internal Review Final File Original File IPR

Internal phase where we ask our colleagues, “What needs updated?” External phase where we ask the public and stakeholders, “What needs updated?” Present draft language internally. Present draft language externally. File with JCARR. Filing of final revisions with JCARR. JCARR Hearing Public Hearing CSIO USEPA Review Public Comment Period Public Comment Period Public Comment Period

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  • C. DETERMINING APPLICABLE

ANTIDEGRADATION CATEGORY

Big Darby Creek

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Antidegradation – National Program

  • Tier I – existing uses must be protected

– Whether designated in rule or not

  • Tier II – if water quality is better than

necessary to protect uses, water quality can be lowered only if a need is shown

  • Tier III – Outstanding national resource waters

– Water quality cannot be lowered

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Antidegradation – Ohio Program OAC 3745‐1‐05, Tables 5‐4 to 5‐7

  • Includes all national program elements
  • Includes more categories

– Outstanding national resource waters – Table 5‐7 – Outstanding state waters – Tables 5‐6 & 5‐5 – Superior high quality waters – Table 5‐4, Lake Erie – State resource waters – 3745‐1‐08 to ‐30 – General high quality waters – Default – Limited quality waters – 3745‐1‐08 to ‐30

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Summary

  • Three WQS Elements

– Use Designations – Criteria and Values – Antidegradation

  • Used to develop Water Quality Based Effluent

Limits (WQBELs) limitations for NPDES permits

Esox masquinongy from Ohio Brush Creek

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Additional Information

  • Chris Skalski, ESIII, DSW

chris.skalski@epa.ohio.gov (614) 644‐2144

  • Division of Surface Water’s website:

www.epa.ohio.gov/dsw

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Navigating Ohio’s Total Maximum Daily Loads

29th Annual Environmental Permitting Conference Worthington, Ohio Melinda Harris Division of Surface Water July 25, 2019

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When Technology & Water Quality Based Limits Are Not Enough

  • Point sources have discharge permit limits

based upon

– Technology‐based effluent limits – Water quality‐based effluent limits

  • Sometimes these limits are not enough to

protect water quality

  • CWA has built in stop gate ‐ TMDL
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Total Maximum Daily Load

Defines max amount of pollution a stream can handle & still meet CWA goals

TMDL = ∑WLA + ∑LA +MOS+AFG

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Why Should You Care?

  • TMDLs can contain wasteload allocations

(WLAs) for pollutants that can impact:

– Your wastewater treatment plant (direct discharge) – Municipal wastewater treatment plant you discharge into (indirect discharge)

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Process Starts Here: Integrated Report

  • Integrated Water Quality Monitoring and

Assessment Report

– Combines CWA Sections 305(b) & 303(d) – Prepared every 2 years – Waters placed in Category 5 on 303(d) list are impaired and need a TMDL

  • Currently preparing 2020 Integrated Report
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IS MY WATERSHED IMPAIRED?

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Current IR Report ‐ 2018

https://epa.ohio.gov/dsw/tmdl/OhioIntegratedReport# 123145148‐2018 Can read through report or watershed summary on map

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IR Interactive Map

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Watershed Summary

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Where Can I Find TMDLs?

Click on the major watershed to find your smaller watershed information

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Click on the TMDL Report pane to find the report

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TMDL Report Status

  • Not all watersheds have final approved TMDLs
  • Reports in various stages of process
  • List of all final approved TMDLs available here:

http://www.epa.ohio.gov/Portals/35/tmdl/U. S.EPA_Approved_TMDLs.xlsx

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How to Participate?

  • Sign up for TMDL listserv or visit website
  • Review and comment on project components

as they are released

– 5 steps!

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Stakeholder Involvement

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Documents Available for Comment

https://epa.ohio.gov/dsw/wq

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Next Steps

  • Get Involved!

– New TMDL listservs available

  • Stay Informed!

– Ohio EPA TMDL Website

  • http://epa.ohio.gov/dsw/tmdl/index.aspx

– U.S. EPA TMDL Website

  • https://www.epa.gov/tmdl
  • Questions?

– Melinda Harris, melinda.harris@epa.ohio.gov – 614‐728‐1357