Enforcement Protocols – Excused Exceedances
Whether an "excused" missed sample or flow recording due to an equipment malfunction, calibration, etc. of continuous monitoring equipment at an outfall could be considered and added to the permit language or DMR Guidance Permittees also are concerned that this will become more of an issue as lower PQLs are adopted or QC requirements tightened Consideration of in-stream temperature monitoring
Reduce risk of unintended consequences, such as initiation of enforcement actions based on situations outside the reasonable control of the permittee Ensure missed samples/data are being handled consistently by all permittees and evaluated in the same way by Division staff Allow “excused” misses for continuous flow recorder in certain circumstances such as: ◦ The meter fails to properly record a totalized flow on any given day ◦ Calibrations ◦ Maintenance
3 main topics ◦ 24-hour Composite sampling – when using an automatic sampler ◦ Continuous monitoring (outfall and river) – flow, temperature, others ◦ PQL
Defined as “a combination of a least 8 sample aliquots of a least 100 milliliters, collected at equally spaced intervals during the operating hours of a facility over a 24 hour period…The composite must be flow proportional; either the time interval between each aliquot or the volume of each aliquot must be proportional to either the wastewater or effluent flow at the time of sampling or the total wastewater or effluent flow since the collection of the previous aliquot. Aliquots may be collected manually or automatically”.
Impacts few dischargers Concern if using a continuous sampler and it goes down or not available for some reason Permittees have received guidance from the WQCD that addresses the concern Request to include the informal guidance provided in the past in the DMR Guidance document WQCD working on language to be provided to workgroup for review
Outfall and river monitoring Concern about missing data due to monitor malfunction or required maintenance or calibration Could there be some allowances for missing data so that a non-compliance would not have to reported? ◦ What would be acceptable reasons? ◦ How much missing data is OK before report of a non-compliance? ◦ Are there alternatives to gathering data in the event of monitor downtime?
Continuous measurement is a measurement obtained from an automatic recording device which continually measures the effluent for the parameter in question, or that provides measurements at specified intervals. (from standard permit language)
Can the WQCD provide guidance for how to alter what you report on a DMR for continuous monitoring if there is an issue? Would it go in the permit itself or in the DMR Guidance? Better understanding about how this information appears in ECHO and if NetDMR changes what information is available Could the language be similar to the allowable amount of time that pH could be over or under the limit with continuous monitoring (see 40 CFR 401)?
Division will draft language to address these concerns Continued discussion about whether included as guidance or included as standard permit language Perhaps further discussion on river sampling
Concern regarding matrix interferences that cause a higher reporting limit (above the specified PQL) ◦ Likely this would be a non-compliance ◦ Recommendation is that another sample is collected and analyzed Further discussion by Workgroup?
Implementation of Temperature Standards in Permits ◦ Have an issue list ◦ On-hold until after Basic Standards RMH Regulation 31.14 ◦ Completed ◦ Result is presented in the Division’s proposal for Regulation 31 Intake Credits ◦ Discussion related to 31.14(13) Watershed Permitting–status report from Division Division on-line records - demonstration
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