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Home My WebLink About07.a.1) Update on proposed Nutrient Watershed Permit7Q. Central Contra Costa Sanitary District March 14, 2014 TO: HONORABLE BOARD OF DIRECTORS VIA: ROGER S. BAILEY, GENERAL MANAGER FROM: CURTIS W. SWANSON, DIRECTOR OF OPERATIONS SUBJECT: TENTATIVE NUTRIENT WATERSHED PERMIT FOR DISCHARGERS TO SAN FRANCISCO BAY On February 6, 2014, the Regional Water Quality Control Board (RWQCB) issued a Tentative Nutrient Watershed Permit for dischargers to San Francisco Bay (see attachment). The RWQCB will conduct a hearing on the Tentative Nutrient Watershed Permit on April 9, 2014. Approval of the permit is anticipated in April or May 2014. The permit will have an effective date of July 1, 2014, and a term of five years. The major elements of the Tentative Nutrient Watershed Permit include: effluent monitoring requirements, nutrient load variability reporting, participation in studies about the impacts of nutrient discharges to San Francisco Bay, and • treatment plant optimization and nutrient reduction evaluations. The District's current NPDES Permit includes most of these components already. The District's current permit includes: effluent monitoring requirements, a performance -based maximum monthly limit (or cap) for ammonia, monitoring influent and effluent, participation in regional monitoring programs, • participation with the State Federal Contractors Water Agency (SFCWA) in a Suisun Bay copepod study, and • evaluation of the treatment plant for near -term optimization for ammonia reduction and long -term nutrient reduction. The final report for the treatment plant optimization and nutrient reduction evaluations were submitted to the RWQCB on February 28, 2014. Therefore, the District has already complied with this requirement. Completion of the joint Suisun Bay copepod study is required by November 2014. Honorable Board of Directors Page 2 March 14, 2014 Under the Nutrient Watershed Permit, the District and the other 33 dischargers are required to participate in more extensive multi -year studies of the impacts of nutrient discharges on San Francisco Bay. These studies are funded in part by our contribution to the Bay Area Clean Water Agencies (BACWA) Clean Bay Collaborative. Currently, the District contributes $90,000 annually for joint studies of water quality in San Francisco Bay. Because of the watershed permit requirements, our annual Clean Bay Collaborative contribution will increase to $130,000 in 2014 -15. I will present an overview of the nutrient situation in San Francisco Bay and the Tentative Nutrient Watershed Permit at the March 20, 2014, Board Meeting. CWS:amt Attachment N: \POSUP \Board of Directors\Board - Letters & Memos\2014 \Tentative Nutrient Watershed Permit 03- 20- 14.docx OIOOMI• Water Boards San Francisco Bay Regional Water Quality Control Board Sent Via Email Receipt Confirmation Requested February 6, 2014 To: Discharger List EDMUND G. BROWN JR. ^*" T AOVFRNOR MATTNEM/ F OOR{OUEZ ENVJROIME FOR ENVIRONMENTAL PROTECTION Subject: Tentative Order for Municipal Wastewater Discharges of Nutrients to San Francisco Bay, NPDES Permit Attached is a copy of a Tentative Order that would issue Waste Discharge Requirements for Municipal Wastewater Discharges of Nutrients to San Francisco Bay. The Regional Water Board intends to consider this permit issuance during a meeting that will commence at the time and place indicated below: DATE /TIME: April 9,2014,9:00 a.m. PLACE: First Floor Auditorium, Elihu Harris State Building, 1515 Clay Street, Oakland A Notice of Public Hearing is also attached. If you have any comments, please submit them in writing no later than 5:00 p.m. on March 10, 2014, to the attention of Robert Schlipf. We will not consider or include comments received after this date when preparing the package for the Regional Water Board's consideration. We will post our response to comments on our website one week prior to the hearing. If you have any questions regarding this letter, please contact Robert Schlipf at (510) 622 -2478 or email him at robert.schlipf(c�waterboards.ca.gov. Sincerely, Lila Tang Chief, NPDES Wastewater Division DR. TERRY F. YOUNCi, CHAIR I BRUCE K WOLFE, EXECUTIVE OFFICER 1515 Clay St., Suite 1400. Oakland, CA 81012 1 www. waterboards .ca.govisanlranciscobay Li r FCIIIC. —Fn -2- Attachment: Notice of Public Hearing Tentative Order Copy (sent via email): Robyn Stuber, U.S. EPA, Region 9, stuber.robyn(a)epa.gov Jason Flanders, San Francisco Baykeeper, jason&baykeeper.org Lynda Smith, Metropolitan Water District of Southern California, lsmithgmwdh2o.com David Williams, Executive Director, BACWA, dwilliams&bacwa.org California Regional Water Quality Control Board San Francisco Bay Region 1515 Clay Street, Suite 1400, Oakland, CA 94612 (510) 622 -2300 NOTICE OF PUBLIC HEARING FOR ISSUANCE OF PERMIT ON NUTRIENTS IN DISCHARGES FROM MUNICIPAL WASTEWATER TREATMENT FACILITIES IN SAN FRANCISCO BAY Water Board staff has prepared a tentative permit covering nutrients in the discharges of all sewage treatment facilities that discharge to San Francisco Bay. The Water Board intends to consider adopting the tentative permit during a meeting to commence at 9:00 a.m., on April 9, 2014, in the First Floor Auditorium, Elihu Harris State Building, 1515 Clay Street, Oakland. Persons wishing to file written comments on or objections to the tentative permit or other aspects of this matter must do so no later than 5:00 p.m. on March 10, 2014, so that such comments may be considered. No written comments will be accepted or responded to in writing after that date. Interested persons are invited to attend and express their views at the public hearing on this matter. The Water Board will hear oral testimony, but will not accept written comments after the deadline noted above. Pursuant to section 2050(c) of Title 23 of the California Code of Regulations, any party that challenges the Water Board's action on this matter through a petition to the State Water Resources Control Board under Water Code section 13320 will be limited to raising only those substantive issues or objections that were raised before the Water Board at the public hearing or in timely submitted written correspondence delivered to the Water Board. The tentative permit, fact sheet, comments received, and related documents may be inspected and copied at the Water Board office. The tentative permit, fact sheet, and any additional information and developments on this matter are also available at www.waterboards .ca.gov /sanfranciscobay. A response to comments will be posted on that website one week prior to the hearing. Contact Robert Schlipf at (510) 622 -2478, or by e-mail at robert.schlipf(ir waterboards.ca.gov, if you have any questions on this matter. January 30, 2014 9� io oWater Boards EDMUND O. BROWN JR. .yy OOVFRROR 3i iaMATTHEW RODRIOVEZ EECRETAAY FOR FN MONMENTAI PROTECTION San Francisco Bay Regional Water Quality Control Board TENTATIVE ORDER No. R2- 2014 -XXXX NPDES No. CAOOXXXXX WASTE DISCHARGE REQUIREMENTS FOR NUTRIENTS FROM MUNICIPAL WASTEWATER DISCHARGES TO SAN FRANCISCO BAY The following dischargers are subject to waste discharge requirements (WDRs) set forth in this Order, for the purpose of regulating nutrient discharges to San Francisco Bay and its contiguous bay segments: Table 1. Discharger Information Discharger Facility Name Facility Address Minor/ Major Wastewater Treatment and 151 Mezzetta Court American Canyon, City of Reclamation Facility American Canyon, CA 94503 Major Napa Count Benicia Wastewater 614 East Fifth Street Benicia, City of Treatment Plant Benicia, CA 94510 Major Solano Count Burlingame Wastewater 1103 Airport Boulevard Burlingame, City of Treatment Plant Burlingame, CA 94010 Major San Mateo Count Central Contra Costa Sanitary Central Contra Costa 5019 Imhoff Place District Sanitary District Wastewater Martinez, CA 94553 Major Treatment Plant Contra Costa Count Central Marin Sanitation 1301 Andersen Drive Central Marin Sanitation Agency Agency Wastewater San Rafael, CA 94901 Major Treatment Plant Marin Count Crockett Community Services Port Costa Wastewater End of Canyon Lake Drive District Treatment Plant Port Costa, CA 94569 Minor Contra Costa Count 2500 Pittsburg- Antioch Highway Delta Diablo Sanitation District Wastewater Treatment Plant Antioch, CA 94509 Major Contra Costa Count EBDA Common Outfall Hayward Water Pollution East Bay Dischargers Authority Control Facility San Leandro Water Pollution (EBDA), City of Hayward, City of San Leandro, Oro Loma Sanitary Control Plant EBDA Common Outfall Oro Loma /Castro Valley District, Castro Valley Sanitary 14150 Monarch Bay Drive District, Union Sanitary District, Sanitary Districts Water San Leandro, CA 94577 Major Livermore - Amador Valley Water Pollution Control Plant Alameda County Raymond A. Boege Alvarado Management Agency, Dublin San Ramon Services District, and City Wastewater Treatment Plant of Livermore Livermore - Amador Valley Water Management Agency Export and Storage Facilities SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS Discharger Facility Name Facility Address Minor/ Major Dublin San Ramon Services District Wastewater Treatment Plant City of Livermore Water Reclamation Plant East Bay Municipal Utility 2020 Wake Avenue East Bay Municipal Utility District District, Special District No. 1 Oakland, CA 94607 Major Wastewater Treatment Plant Alameda Count Fairfield- Suisun Wastewater 1010 Chadbourne Road Fairfield- Suisun Sewer District Treatment Plant Fairfield, CA 94534 Major Solano Count Las Gallinas Valley Sanitary Las Gallinas Valley Sanitary 300 Smith Ranch Road District District Sewage Treatment San Rafael, CA 94903 Major Plant Marin Count Marin County (Paradise Cove), Paradise Cove Treatment 3700 Paradise Drive Tiburon, CA 94920 Minor Sanitary District No. 5 of Plant Marin Count Marin County (Tiburon), 2001 Paradise Drive Sanitary District No. 5 of Wastewater Treatment Plant Tiburon, CA 94920 Major Marin Count 400 East Millbrae Avenue Millbrae, City of Water Pollution Control Plant Millbrae, CA 94030 Major San Mateo Count Mt. View Sanitary District 3800 Arthur Road Mt. View Sanitary District Wastewater Treatment Plant Martinez, CA 94553 Major Contra Costa Count Soscol Water Recycling 1515 Soscol Ferry Road Napa Sanitation District Facility Napa, CA 94558 Major Napa Count Novato Sanitary District 500 Davidson Street Novato Sanitary District Wastewater Treatment Plant Novato, CA 94945 Major Marin Count Palo Alto Regional Water 2501 Embarcadero Way Palo Alto, City of Quality Control Plant Palo Alto, CA 94303 Major Santa Clara Count Municipal Wastewater 950 Hopper Street Petaluma, City of Treatment Plant Petaluma, CA 94952 Major Sonoma Count Pinole- Hercules Water 11 Tennent Avenue Pinole, City of Pollution Control Plant Pinole, CA, 94564 Major Contra Costa Count Rodeo Sanitary District Water 800 San Pablo Avenue Rodeo Sanitary District Pollution Control Facility Rodeo, CA 94572 Major Contra Costa Count San Francisco (San Francisco 918 Clearwater Drive International Airport), City and Mel Leong Treatment Plant, San Francisco International Airport Major County of Sanitary Plant San Francisco, CA 94128 San Mateo Count San Francisco (Southeast Plant), Southeast Water Pollution 750 Phelps Street San Francisco, CA 94124 Major City and County of Control Plant San Francisco Count SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS Discharger Facility Name Facility Address Minor/ Major San Jose /Santa Clara Water San Jose /Santa Clara Water 4245 Zanker Road Pollution Control Plant and Cities Pollution Control Plant San Jose, CA 95134 Major of San Jose and Santa Clara Santa Clara Count City of San Mateo 2050 Detroit Drive San Mateo, City of Wastewater Treatment Plant San Mateo, CA 94404 Major San Mateo Count Sausalito -Marin City Sanitary Sausalito -Marin City Sanitary #1 Fort Baker Road District District Wastewater Sausalito, CA 94965 Major Treatment Plant Marin Count Sewerage Agency of Southern 450 Sycamore Avenue Marin Wastewater Treatment Plant Mill Valley, CA 94941 Major Marin Count Sonoma Valley County Sanitary Municipal Wastewater 122675 8th Street East District Treatment Plant Sonoma, CA 95476 Major Sonoma Count South Bayside System 1400 Radio Road South Bayside System Authority Authority Wastewater Redwood City, CA 94065 Major Treatment Plant San Mateo Count South San Francisco and San South San Francisco and 195 Belle Air Road Bruno, Cities of San Bruno Water Quality South San Francisco, CA 94080 Major Control Plant San Mateo Count Sunnyvale Water Pollution 1444 Borregas Avenue, Sunnyvale, City of Control Plant Sunnyvale, CA 94089 Major Santa Clara Count U.S. Department of Navy 681 Avenue M, Treasure island (Treasure Island) Wastewater Treatment Plant San Francisco, CA 94130 -1807 Major San Francisco Count Vallejo Sanitation and Flood Vallejo Sanitation and Flood 450 Ryder Street Control District Control District Wastewater Vallejo, CA 94590 Major Treatment Plant Solano Count West County Agency (West 601 Canal Blvd. County Wastewater District and West County Agency Richmond, CA 94804 Major City of Richmond Municipal Sewer Combined Outfall Contra Costa County District iii SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS Table 2. Discharge Locations Discharge Point Effluent Discharge Point Discharge Point Receiving Water Description I Latitude I Longitude Discharge locations are specified in individual NPDES permits listed in Attachment B. Table 3. Administrative Information This Order was adopted by the Regional Water Quality Control Board on: Date This Order shall become effective on: July 1, 2014 This Order shall expire on: June 30, 2019 I, Bruce H. Wolfe, Executive Officer, do hereby certify that this Order with all attachments is a full, true, and correct copy of the Order adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, on the date indicated above. Bruce H. Wolfe, Executive Officer iv SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS Contents I. Facility Information ............................................................................. ............................... 2 II. Findings ............................................................................................... ..............................2 III. Discharge Prohibitions ........................................................................ ............................... 3 IV. Discharge Specifications .................................................................... ............................... 3 V. Receiving Water Limitations ............................................................... ............................... 3 VI. Provisions ............................................................................................ ..............................3 A. Federal and Regional Standard Provisions ................................... ............................... 3 B. Monitoring and Reporting Program Requirements ........................ ............................... 3 C. Special Provisions ......................................................................... ............................... 3 1. Evaluation of Potential Nutrient Discharge Reduction by Treatment Optimization and Sidestream Treatment ...................................................... ............................... 3 2. Evaluation of Potential Nutrient Discharge Reduction by Treatment Upgrades or OtherMeans ............................................................................ ............................... 4 3. Monitoring, Modeling, and Embayment Studies ....................... ............................... 6 4. Reopener Provisions ................................................................ ............................... 7 Tables Table 1. Discharger Information .................................................................... ..............................i Table 2. Discharge Locations ..................................................................... ............................... iv Table 3. Administrative Information ............................................................ ............................... iv Attachments Attachment A — Not used Attachment B — Individual Order and NPDES Permit Numbers ............... ............................... B -1 Attachment C — Discharger Location Map .................................................. ............................0 -1 Attachment D — Federal Standard Provisions (not included, see individual permits) Attachment E — Monitoring and Reporting Program ( MRP) ..................... ............................... E -1 AttachmentF — Fact Sheet ...................................................................... ............................... F -1 Attachment G — Regional Standard Provisions (not included, see individual permits) SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS I. FACILITY INFORMATION Information describing the facilities subject to this Order is summarized in Table 1 and in Fact Sheet (Attachment F) sections I and II. II. FINDINGS The California Regional Water Quality Control Board, San Francisco Bay Region (Regional Water Board), finds: A. Legal Authorities. This Order serves as WDRs pursuant to California Water Code article 4, chapter 4, division 7 (commencing with § 13260). This Order is also issued pursuant to federal Clean Water Act (CWA) section 402 and implementing regulations adopted by U.S. EPA, and Water Code chapter 5.5, division 7 (commencing with § 13370). It shall serve as an NPDES permit for point source discharges from the Dischargers' facilities to surface waters. B. Background and Rationale for Requirements. The Regional Water Board developed the requirements in this Order based on information the Dischargers submitted, information obtained through monitoring and reporting programs, and other available information. The Fact Sheet (Attachment F) contains background information and rationale for the requirements in this Order and is hereby incorporated into and constitutes findings for this Order. Attachments B, C, and E are also incorporated into this Order. C. Provisions and Requirements Implementing State Law. No provisions or requirements in this Order are included to implement State law only. D. Notification of Interested Parties. The Regional Water Board notified the Dischargers and interested agencies and persons of its intent to prescribe these WDRs and provided an opportunity to submit written comments and recommendations. The Fact Sheet provides details regarding the notification. E. Consideration of Public Comment. The Regional Water Board, in a public meeting, heard and considered all comments pertaining to the discharges. The Fact Sheet provides details regarding the public hearing. THREFORE, IT IS HEREBY ORDERED that, in order to meet the provisions of Water Code division 7 (commencing with § 13000) and regulations adopted thereunder, and the provisions of the CWA and regulations and guidelines adopted thereunder, the Dischargers shall comply with the requirements in this Order. This Order supersedes nutrient - related requirements in the individual NPDES permits listed in Attachment B, with the exception of effluent limitations for ammonia as well as special studies the Central Contra Costa Sanitary District is to conduct pursuant to Order No. R2 -2012 -0016 (Provision C.5c). 2 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS III. DISCHARGE PROHIBITIONS This Order does not establish additional discharge prohibitions. IV. DISCHARGE SPECIFICATIONS This Order does not establish additional discharge specifications. V. RECEIVING WATER LIMITATIONS This Order continues receiving water limitations that are applicable to nutrients that are specified in the individual NPDES permits listed in Attachment B. VI. PROVISIONS A. Federal and Regional Standard Provisions Federal and Regional Standard Provisions are specified in Attachments D and G in, and as modified by, each Discharger's individual NPDES Permits (see Attachment B). B. Monitoring and Reporting Program Requirements Dischargers shall comply with the Monitoring and Reporting Program (MRP), and future revisions thereto, in Attachment E of this Order. C. Special Provisions 1. Evaluation of Potential Nutrient Discharge Reduction by Treatment Optimization and Sidestream Treatment The major Dischargers listed in Table 1 shall, individually or in collaboration with other Dischargers, evaluate options and costs for nutrient discharge reduction by optimization of current treatment works. The evaluation shall include the following: • Describe the treatment plant, treatment plant process, and service area; • Evaluate site - specific alternatives to reduce nutrient discharges through methods such as operational adjustments to existing treatment systems, process changes, or minor upgrades; • Evaluate side - stream treatment opportunities; • Describe where optimization, minor upgrades, and sidestream treatment have already been implemented; • Evaluate beneficial and adverse ancillary impacts associated with each optimization proposal, such as changes in the treatment plant's energy usage, greenhouse gas emissions, or sludge and biosolids treatment or disposal; • Identify planning level costs of each option evaluated; and • Evaluate the impact on nutrient loads due to treatment plant optimization implemented in response to other regulations or requirements. 3 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS Dischargers that have recently completed optimization evaluations may use previously completed reports. a. Submit and Implement Scoping and Evaluation Plans By December 1, 2014, the major Dischargers listed in Table 1 shall, individually or in collaboration with other Dischargers, submit a Scoping Plan that defines the level of work for the proposed optimization evaluation. The Scoping Plan shall be acceptable to the Executive Officer. By July 1, 2015, the major Dischargers listed in Table 1 shall, individually or in collaboration with other Dischargers, submit an Evaluation Plan that includes a schedule describing how they will conduct the evaluation of potential nutrient discharge reduction by treatment optimization. The Evaluation Plan shall include sampling, as necessary, to support proposed optimization studies. The Evaluation Plan shall be acceptable to the Executive Officer. The Dischargers shall proceed with implementation of the Evaluation Plan within 45 days of submittal. b. Submit Status Report By July 1, 2016, and subsequently by July 1, 2017, major Dischargers listed in Table 1 shall submit, or cause to be submitted, a report describing the tasks completed, preliminary findings, and tasks to be completed, highlighting any adaptive changes to be made to the Evaluation Plan submitted in accordance with task a, above. c. Submit Final Report By July 1, 2018, the major Dischargers listed in Table 1 shall submit, or cause to be submitted, the results of their evaluations with planning level cost estimates for each optimization option studied. 2. Evaluation of Potential Nutrient Discharge Reduction by Treatment Upgrades or Other Means The major Dischargers listed in Table 1 shall, individually or in collaboration with other Dischargers, conduct an evaluation to identify options and costs for potential treatment upgrades for nutrient removal. The evaluation shall be conducted for each Discharger's treatment works or categories of like treatment works (e.g., high purity oxygen plants, conventional activated sludge plants, plants without anaerobic digestion). The evaluation must estimate nutrient reductions from treatment upgrades, and, at a minimum, shall entail the following: • Describe the treatment plant, treatment plant process, and service area; • Identify potential upgrade technologies for each treatment plant category along with associated nitrogen and phosphorous removal levels; 4 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS • Identify site - specific constraints or circumstances that may cause implementation challenges or eliminate any specific technologies from consideration; • Include planning level capital and operating cost estimates associated with the upgrades and for different levels of nutrient reduction, applying correction factors associated with site - specific challenges and constraints; • Describe where Dischargers have already upgraded existing treatment systems or implemented pilot studies for nutrient removal. Document the level of nutrient removal the upgrade or pilot study is achieving for total nitrogen and phosphorus; • Evaluate the impact on nutrient loads due to treatment plant upgrades implemented in response to other regulations and requirements; and • Evaluate beneficial and adverse ancillary impacts associated with each upgrade, such as changes in the treatment plant's energy use, changes in greenhouse gas emissions, sludge and biosolids treatment or disposal, and reduction of other pollutants (e.g., pharmaceuticals) through advanced treatment. Dischargers that have recently completed upgrade evaluations may use previously completed reports. Dischargers who have planned or are implementing facility upgrades or modifications to address the impacts of sea level rise and climate change alone, or as part of infrastructure renewal, shall also include in its nutrient removal evaluation consideration of the impacts of sea level rise and climate change on identified nutrient upgrade options. In addition to the above upgrade evaluation, Dischargers may evaluate ways to reduce nutrient loading through alternative discharge scenarios, such as water recycling or use of wetlands, in combination with, or in -lieu of the upgrades to achieve similar levels of nutrient load reductions. This evaluation shall include ancillary benefits and adverse impacts associated with such alternative discharge scenarios such as the following: • Reduction in potable water use through enhanced reclamation; • Creation of additional wetland or upland habitat; • Changes in energy use, greenhouse gas emissions, sludge and biosolids quality and quantities; • Reduction of other pollutant discharges; • Impacts to existing permit requirements related to alternative discharge scenarios; and • Implications related to discharge of brine or other side streams associated with advanced recycling technologies. a. Submit and Implement Scoping and Evaluation Plans By December 1, 2014, the major Dischargers listed in Table 1 shall, individually or in collaboration with other Dischargers, submit a Scoping Plan that defines the 5 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS level of work for the proposed upgrade evaluation. The Scoping Plan shall be acceptable to the Executive Officer. By July 1, 2015, the major Dischargers listed in Table 1 shall, individually or in collaboration with other Dischargers, submit an Evaluation Plan and schedule describing how they will conduct the evaluation of potential nutrient discharge reduction by treatment upgrades or other means. The Evaluation Plan shall define the treatment works categories that will be evaluated to support potential upgrades and alternative discharge scenarios. The Evaluation Plan shall be acceptable to the Executive Officer. The Dischargers shall proceed with implementation of the Evaluation Plan within 45 days of submittal. b. Submit Status Report By July 1, 2016, and subsequently by July 1, 2017, major Dischargers listed in Table 1 shall submit, or cause to be submitted, a report describing the tasks completed, preliminary findings, and tasks to be completed, highlighting any adaptive changes to be made to the Evaluation Plan submitted in accordance with task a, above. c. Submit Final Report By July 1, 2018, major Dischargers listed in Table 1 shall submit, or cause to be submitted, the results of their evaluations with planning level cost estimates for each upgrade option studied. 3. Monitoring, Modeling, and Embayment Studies Each Discharger shall conduct, or cause to be conducted, studies to address the potential adverse impacts of nutrients on San Francisco Bay beneficial uses. The studies shall include efforts described below. a. Support Science Plan Development and Implementation The Dischargers shall collaborate with other regional stakeholders to support development and implementation of a science plan of necessary studies to implement the San Francisco Bay Nutrient Management Strategy and support consideration of future management actions, including the development of nutrient water quality objectives, both informed through modeling. The science plan shall include studies necessary for San Francisco Bay as a whole and also on issues identified for specific subembayments. By February 1, 2015, the Dischargers shall cause to be submitted an implementation plan and schedule for proposed studies acceptable to the Executive Officer and update and revise it as necessary annually by February 1 of each subsequent year. N. SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS b. Support Receiving Water Monitoring for Nutrients The Dischargers shall collaborate with other regional stakeholders to support receiving water monitoring for nutrients, as necessary, that go beyond the monitoring already provided by the Regional Monitoring Program and others, by providing the following: i. A network of nutrient monitoring stations to track nutrient concentrations, dissolved oxygen, and phytoplankton biomass in San Francisco Bay; ii. Adequate data to support modeling of nutrient fate and transport in San Francisco Bay; and iii. Studies furthering the understanding of harmful algae bloom development, including, at a minimum, monitoring for algae species and toxins. 4. Reopener Provisions The Regional Water Board may modify or reopen this Order prior to its expiration date in any of the following circumstances as allowed by law: a. If present or future investigations demonstrate that the discharges governed by this Order have or will have a reasonable potential to cause or contribute to, or will cease to have, adverse impacts on water quality or beneficial uses of the receiving waters; b. If new or revised water quality objectives or total maximum daily loads (TMDLs) come into effect for San Francisco Bay and contiguous water bodies (whether statewide, regional, or site - specific); c. If State Water Board precedential decisions, new policies, new laws, or new regulations are adopted; d. If an administrative or judicial decision on a separate NPDES permit or WDRs addresses requirements similar to those in this Order; or f. As otherwise authorized by law. Any Discharger may request a permit modification based on any of the circumstances above. With any such request, the Discharger shall include antidegradation and anti - backsliding analyses. VA SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS ATTACHMENT B — INDIVIDUAL ORDER AND NPDES PERMIT NUMBERS Municipal Dischargers: Discharger NPDES Permit No. Existing Order No. Existing Order Adoption Date Existing Order Expiration Date American Canyon, City of CA0038768 R2- 2011 -0046 7/13/11 8/31/16 Benicia, City of CA0038091 R2- 2008 -0014 3/12/08 5/30/13 Burlingame, City of CA0037788 R2- 2013 -0015 5/08/13 6/30/18 Central Contra Costa Sanitary District CA0037648 R2- 2012 -0016 2/08/12 3/31/17 Central Marin Sanitation Agency CA0038628 R2- 2012 -0051 6/13/12 7/31/17 Crockett Community Services District, Port Costa Sanitary Dept. CA0037885 R2- 2013 -0035 10/09/13 11/30/18 Delta Diablo Sanitation District CA0038547 R2- 2009 -0018 3/11/09 4/30/14 East Bay Dischargers Authority CA0037869 R2- 2012 -0004 1/18/12 2/28/17 Union S.D. Wet Weather Outfall CA0038733 R2- 2010 -0097 7/14/10 8/31/15 Dublin San Ramon Services District CA0037613 R2- 2012 -0005 1/18/12 2/28/17 City of Livermore CA0038008 R2- 2012 -0006 1/18/12 2/28/17 LAVWMA Wet Weather Outfall CA0038679 R2- 2011 -0028 5/11/11 6/30/16 East Bay Municipal Utility Dist. WWTP CA0037702 R2- 2010 -0060 3/10/10 4/30/15 Fairfield- Suisun Sewer District CA0038024 R2- 2009 -0039 4/08/09 5/31/14 Las Gallinas Valley Sanitary District CA0037851 R2- 2009 -0070 10/14/09 11/30/14 Marin County (Paradise Cove), Sanitary District No. 5 of CA0037427 R2- 2011 -0016 4/13/11 5/31/16 Marin County (Tiburon), Sanitary District No. 5 of CA0037753 R2- 2013 -0027 8/14/13 9/30/18 Millbrae, City of CA0037532 R2- 2013 -0037 12/11/13 1/31/19 Mt. View Sanitary District CA0037770 R2- 2010 -0114 11/10/10 12/31/15 Napa Sanitation District CA0037575 R2- 2011 -0007 2/09/11 3/31/16 Novato Sanitary District CA0037958 R2- 2010 -0074 5/12/10 6/30/15 Palo Alto, City of CA0037834 R2- 2009 -0032 4/08/09 5/31/14 Petaluma, City of CA0037810 R2- 2011 -0003 1/12/11 2/28/16 Pinole, City of CA0037796 R2- 2012 -0059 8/08/12 9/30/17 Rodeo Sanitary District CA0037826 R2- 2012 -0027 4/11/12 5/31/17 San Francisco, City and County of, San Francisco International Airport CA0038318 R2- 2013 -0011 5/08/13 6/30/18 San Francisco (Southeast Plant), City and County of CA0037664 R2- 2013 -0029 8/14/13 9/30/18 San Jose /Santa Clara Water Pollution Control Plant and Cities of San Jose and Santa Clara CA0037842 R2- 2009 -0038 4/08/09 5/31/14 San Mateo, City of CA0037541 R2- 2013 -0006 3/13/13 4/30/18 Sausalito - Marin City Sanitary District CA0038067 R2- 2012 -0083 11/14/12 12/31/17 Sewerage Agency of Southern Marin CA0037711 R2- 2012 -0094 12/12/12 1/31/18 Sonoma Valley County Sanitary District CA0037800 R2- 2008 -0090 10/08/08 11/30/13 South Ba side System Authority CA0038369 R2- 2012 -0062 8/08/12 9/30/17 South San Francisco and San Bruno, Cities of CA0038130 R2- 2008 -0094 11/12/08 12/31/13 Sunnyvale, City of CA0037621 R2- 2009 -0061 8/12/09 9/30/14 US Department of Navy, Treasure Island CA0110116 R2- 2010 -0001 1/13/10 2/28/15 Vallejo Sanitation and Flood Control District CA0037699 R2- 2012 -0017 2/08/12 3/31/17 West County Agency (West County Wastewater District and City of Richmond Municipal Sewer District CA0038539 R2- 2013 -0016 5/08/13 6/30/18 1 The orders shown are for the primary permit reissuance and do not include permit amendments. Attachment B — NPDES Permit Nos. and Order Nos. B -1 SF BAY NUTRIENTS WATERSHED PERMIT MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS ATTACHMENT C - DISCHARGER LOCATION MAP Municipal Discharger outfall locations 4 f Petaluma 32 23 • •1 :5 • 15. Fairfield Suisun Sewer District 16. Las Gallinas Valley S.D. 17. Marin Co. S.D. No. 5 (Tiburon) 18. Marin Co. S.D. No. 5 (Paradise) 19. Mountain View S.D. 20. Napa S.D. 21. Novato S.D. 22. City of Palo Alto 23. City of Petaluma 24. Cities of Pinole & Hercules Rodeo S.D. 25. City of Saint Helena 26. City /Co. of SF, Southeast 27. San Jose /Santa Clara WPCP 28. City of San Mateo 29. Sausalito -Marin Citv S.D. 31. Sewarage Agency of S. Marin 32. Sonoma Valley County S.D. 33. So. Bayside System Authority 34. City of Sunnyvale 35. US. Navy Treasure Island 36. Vallejo Sanitation & Flood Contro 37. West County Agency: City of Richmond West County Wastewater Dist. 38. Town of YountviIle N le% 38 Napa TENTATIVE ORDER No. R2- 2014 -XXXX • Municipal Discharger outfall �I Water Board boundary 20 Fairfield J • J5 15 \ 5 i E • �y 5 24 •24 •1 ` :9 Pittsburg 08 1IS :1 •17 -3: 31 O35 • Oakland SF 12 26 13 • Concord K 4/', 1. City of American Canyon 2. City of Benecia 3. City of Burlingame City of Millbrae City /Co. of SF, Int'I Airport So. SF /San Bruno WQCP 4. City of Calistoga 5. Central Contra Costa S.D. 6. Central Marin Sanitation A.G. 7. Crockett Community Services District. Port Costa 8. Delta Diablo S.D. 9. East Bay Dischargers Authority: City of Hayward Oro Loma S.D. Castro Valley S.D. City of San Leandro Union S.D. Live rmore-Amador Valley WMA: Dublin /San Ramon S.D. City of Livermore 10. EBMUD (Main wastewater plant) 11. EBMUD (Pt. Isabel) 12. EBMUD (San Antonio Creek) 13. EBMUD (Oakport) 9 3 • Livermore • O Hayward San Mateo. 33 I n �i 17 4 San Jose Attachment C - Map C -1 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS ATTACHMENT E — MONITORING AND REPORTING PROGRAM Contents I. General Monitoring Provisions ............................................................ ............................... 2 II. Monitoring Locations .......................................................................... ............................... 2 III. Effluent Monitoring Requirements ...................................................... ............................... 2 IV. Reporting Requirements ..................................................................... ............................... 3 A. General Monitoring and Reporting Requirements ......................... ............................... 3 B. Individual Reporting in Self- Monitoring Reports (SMRs) ............... ............................... 3 C. Discharge Monitoring Reports ( DMRs) .......................................... ............................... 5 Tables Table E -1. Monitoring Station Locations ..................................................... ............................... 2 Table E -2. Effluent Monitoring Requirements ............................................. ............................... 2 Table E -3. Minimum Sampling Frequency .................................................. ............................... 3 Table E -4. Monitoring Periods .................................................................... ............................... 4 Attachment E — MRP E -1 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS ATTACHMENT E — MONITORING AND REPORTING PROGRAM (MRP) The Code of Federal Regulations (40 C.F.R. § 122.48) requires that all NPDES permits specify monitoring and reporting requirements. Water Code section 13383 also authorizes the Regional Water Board to require technical and monitoring reports. This MRP establishes monitoring and reporting requirements that implement the federal and California regulations. I. GENERAL MONITORING PROVISIONS A. Dischargers shall comply with this MRP and all requirements contained in the Regional Standard Provisions (Attachment G of individual permits). The Executive Officer may amend this MRP pursuant to 40 C.F.R. sections 122.62, 122.63, and 124.5. If any discrepancies exist between this MRP and the Regional Standard Provisions, this MRP shall prevail. B. Sampling is required during the entire year when discharging. The Discharger shall conduct all monitoring in accordance with the Federal Standard Provisions (Attachment D of individual permits), as supplemented by Attachment G. Equivalent test methods must be more sensitive than those specified in 40 C.F.R. section 136 and must be specified in this permit. II. MONITORING LOCATIONS Dischargers shall establish the following monitoring locations to characterize loads and comply with other requirements in this Order: Table E -1. Monitoring Station Locations Discharge Point Name Monitoring Location Description Effluent sampling shall be at the compliance monitoring location Monitoring locations are described for ammonia specified in the Discharger's NPDES permit. For in individual NPDES permits. San Francisco (Southeast Plant) this shall be E -001. mg /L and kg /day as N III. EFFLUENT MONITORING REQUIREMENTS Dischargers shall monitor effluent for nutrients as shown in Tables E -2 and E -3 below and report as described in the next section: Table E -2. Effluent Monitoring Requirements Parameter Units Sample Type(') Ammonia mg /L and kg /day as N C -24 Total Kjeldahl Nitrogen mg /L and kg /day as N C -24 Nitrate - Nitrite mg /L and kg /day as N C -24 Total Phosphorus mg /L and kg /day as P C -24 Soluble Reactive Phosphorus mg /L and kg /day as P C -24 Total Nitrogen mg /L and kg /day as N Calculated Unit Abbreviations: mg /L = milligrams per liter kg /day as N = kilograms per day as nitrogen kg /day as P = kilograms per day as phosphorus Attachment E — MRP E -2 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS Sample Tyne: C -24 = 24 -hour composite sample Footnote: (1) 24 -hour composite samples (C -24) may be made up of a minimum of four discrete grab samples, collected over the course of 24 hours, and volumetrically or mathematically flow - weighted. During a 24 -hour period, the samples may be collected only when the plant is staffed, if necessary. Table E -3. Minimum Sampling Frequency Discharger Type Minimum Sampling Frequenci1 , Major municipal discharger (Flow Z 10 mgd) Twice per month Major municipal discharger (Flow < 10 mgd) Once per month Minor municipal discharger (Flow < 1 mgd) Twice per year Footnotes: (') Samples need only be collected when discharging (i.e., seasonal dischargers shall collect samples only during the discharge season). (2) After two years of data collection, the Discharger may reduce or eliminate the frequency for parameters specified in Table E.2 if it has collected adequate data for modeling and load characterization. The Discharger must request and then obtain written approval from the Executive Officer prior to monitoring reduction. (s) For municipal wastewater treatment plants that discharge via the EBDA outfall, individual treatment plant monitoring shall occur twice per year. IV. REPORTING REQUIREMENTS A. General Monitoring and Reporting Requirements Dischargers shall comply with all Federal Standard Provisions (Attachment D) and Regional Standard Provisions (Attachment G) related to monitoring, reporting, and recordkeeping, as modified in individual permits. B. Individual Reporting in Self- Monitoring Reports (SMRs) 1. Reporting of Nutrients Data a. Routine SMRs Dischargers shall submit nutrients data collected as part of this Order in the regular monthly or quarterly SMRs required in each Discharger's individual permit. If a Discharger monitors nutrients more frequently than required by this Order at the monitoring location described in Table E -1, the Discharger shall include the results of this monitoring in the calculations and reporting for the SMR. b. Annual Nutrients Report Starting in 2015, by September 1 of each year, each Discharger shall provide its nutrient information in a separate annual report or state that it is participating in a group report that will be submitted by the Bay Area Clean Water Agencies (BACWA) under section B.1 c below. Each Discharger shall submit the following: Documentation that it is complying with Provision C.3. Or if group annual reporting pursuant to B.1.c, below, then certification that each Discharger Attachment E — MRP E -3 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS has provided adequate support or contributed its portion of the required contribution under Provision C.3. Summary tables depicting the Discharger's annual and monthly flows, nutrient concentrations, and nutrient mass loads, calculated as described in Section VIII.1 Arithmetic Calculations of Standard Provisions (Attachment G of individual permits) covering July 1 through June 30 of the preceding year. Each individual Discharger shall document its nutrient loads relative to other facilities covered by this Order that discharge to the same subembayment, i.e, Suisun Bay, San Pablo Bay, Central Bay, South Bay, and Lower South Bay. Nutrient information from other Dischargers may be obtained from the State Water Board's California Integrated Water Quality System (CIWQS) Program website (htti): / /www.waterboards .ca.gov /ciwgs /index.html). iii. An analysis of nutrient trends, load variability, and an assessment as to whether or not nutrient mass discharges are increasing or decreasing. iv. If trend analysis shows a significant change in load, the Discharger shall investigate the cause, and shall report its results, or status, or plans for investigation, in the annual report, or in subsequent annual reports. This investigation shall include, at a minimum, whether treatment process changes have reduced or increased nutrient discharges, changes in nutrient loads related to water reclamation (increasing or decreasing), and changes in total influent flow related to water conservation, population growth, transient work community, new industry, and /or changes in wet weather flows. c. Optional Group Report for Annual Nutrients Report As an alternative to submitting an individual Annual Nutrients Report, each Discharger may instead be part of a group report provided by BACWA. Starting 2015, by October 1 of each year, the Annual Group Nutrients Report shall include the information detailed in B.1 b above. 2. Monitoring Periods Monitoring periods for all required monitoring shall be completed according to the following schedule: Table E-4. Monitoring Periods Sampling Frequency Monitoring Period Begins On... Monitoring Period First day of calendar month Monthly following permit effective date or First day of calendar month through on permit effective date if on first last day of calendar month day of month Closest January 1, April 1, July 1, January 1 through March 31 Quarterly or October 1 following (or on) April 1 through June 30 July 1 through September 30 permit effective date October 1 through December 31 Attachment E — MRP E-4 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS C. Discharge Monitoring Reports (DMRs) 1. At any time during the term of this Order, the State Water Board or Regional Water Board may notify the Discharger to electronically submit DMRs. Until such notification is given, the Discharger shall submit DMRs in accordance with the requirements described below. 2. Once notified by the State Water Board or Regional Water Board, the Discharger shall submit hard copy DMRs. The Discharger shall sign and certify DMRs as Attachment D requires. The Discharger shall submit original DMRs to one of the addresses listed below: Standard Mail Closest May 1 or November 1 November 1 through April 30 Twice per year following (or on) permit effective May 1 through October 31 c/o DMR Processing Center date PO Box 100 Annually As specified in EO concurrence describe in section III. January 1 through December 31 C. Discharge Monitoring Reports (DMRs) 1. At any time during the term of this Order, the State Water Board or Regional Water Board may notify the Discharger to electronically submit DMRs. Until such notification is given, the Discharger shall submit DMRs in accordance with the requirements described below. 2. Once notified by the State Water Board or Regional Water Board, the Discharger shall submit hard copy DMRs. The Discharger shall sign and certify DMRs as Attachment D requires. The Discharger shall submit original DMRs to one of the addresses listed below: Standard Mail FedEx/UPS/ Other Private Carriers State Water Resources Control Board State Water Resources Control Board Division of Water Quality Division of Water Quality c/o DMR Processing Center c/o DMR Processing Center PO Box 100 1001 1 Street, 15th Floor Sacramento, CA 95812 -1000 Sacramento, CA 95814 3. All discharge monitoring results must be reported on the official U.S. EPA pre- printed DMR forms (EPA Form 3320 -1) or self - generated forms that follow the exact same format of EPA Form 3320 -1. Attachment E — MRP E -5 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS ATTACHMENT F — FACT SHEET Contents I. Permit Information .............................................................................. ............................... 2 II. Facilities Description ........................................................................... ............................... 9 A. Description of Wastewater Treatment ........................................... ............................... 9 B. Discharge Points and Receiving Waters ....................................... ............................... 9 C. Existing Nutrient Discharge Data .................................................... ............................... 9 III. Applicable Plans, Policies, and Regulations ..................................... ............................... 10 A. Legal Authorities ......................................................................... ............................... 11 B. California Environmental Quality Act (CEQA) ............................. ............................... 11 C. State and Federal Regulations, Policies, and Plans .................... ............................... 11 D. Impaired Waters on CWA 303(d) List .......................................... ............................... 12 IV. Rationale for Discharge Prohibitions and Specifications .................. ............................... 12 A. Anti - backsliding ........................................................................... ............................... 13 B. Antidegradation ........................................................................... ............................... 13 C. Stringency of Requirements for Individual Pollutants .................. ............................... 14 V. Rationale for Receiving Water Limits ................................................ ............................... 14 VI. Rationale for Provisions .................................................................... ............................... 14 A. Standard Provisions .................................................................... ............................... 14 B. Monitoring and Reporting Program ............................................. ............................... 14 C. Special Provisions ....................................................................... ............................... 14 VII. Rationale for Monitoring and Reporting Program (MRP) .................. ............................... 18 VIII. Public Participation ........................................................................... ............................... 18 Attachment F — Fact Sheet F -1 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS ATTACHMENT F — FACT SHEET This Fact Sheet includes the legal requirements and technical rationale that serve as the basis for the requirements of this Order. As described in section 11.13 of the Order, the Regional Water Board incorporates this Fact Sheet as its findings supporting the issuance of the Order. I. PERMIT INFORMATION The following tables summarize administrative information related to the facility: Table F -1. Facility Information Discharger Facility Contact, Title , Mailing Address Effluent Facility Design Flow and Phone Number Description d m Peter Lee American Canyon, City of Wastewater Systems Same as Facility Advanced 2.5 Manager Address Secondary 707 647-4525 Jeff Gregory Wastewater Treatment Same as Facility Benicia, City of Plant Superintendent Address Secondary 4.5 (707)746-4790 William Toci 501 Primrose Burlingame, City of Plant Manager Burlingame, CA 94010 Secondary 5.5 (650) 342 -3727 Central Contra Costa Sanitary Curt Swanson Director of Operations Same as Facility Secondary 53.8 District 925 229 -7336 Address Robert Cole Central Marin Sanitation Agency Environmental Same as Facility Secondary 10 Services Manager Address 415 459 -1455 Crockett Community Michael Kirker Services District, Crockett Community Services Port Costa Dept. Port Costa Sanitary Secondary 0.033 District Manager Department (510) 787 -2992 P.O. Box 578 Crockett, CA 94525 Gary W. Darling Same as Facility Delta Diablo Sanitation District General Manager Address Secondary 16.5 925 756 -1920 East Bay Dischargers Authority: EBDA Common Outfall Hayward Water Pollution Control Facility Michael S. Connor 2651 Grant Avenue San Leandro Water Pollution Control Plant General Manager (510) 278 -5910 San Lorenzo, CA 94580 Secondary 107.8 Oro Loma /Castro Valley Sanitary Districts Water Pollution Control Plant Raymond A. Boege Alvarado Wastewater Treatment Plant Attachment F — Fact Sheet F -2 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS Discharger Facility Contact, Title, Mailing Address Effluent Facility Design Flow and Phone Number Description d m Livermore - Amador Valley Water Management Agency (LAVWMA) Export and Storage Facilities Dublin San Ramon Services District Wastewater Treatment Plant City of Livermore Water Reclamation Plant East Bay Municipal Utility District Kurt H. Haunschild Manager of P.O. Box 24055 Main Wastewater Treatment Wastewater Treatment Oakland, CA Secondary 120 Plant 510 287 -1407 94623 -1055 Greg Baatrup Same as Facility Advanced Fairfield- Suisun Sewer District General Manager Address Secondary 23.7 707 429 -8930 Mark Williams 300 Smith Ranch Rd Las Gallinas Valley Sanitary District District Manager San Rafael, CA Secondary 2.92 415 472 -1734 94903 -1929 Marin County (Paradise Cove), Tony Rubio Chief Plant Operator P.O. Box 227 Secondary 0.04 Sanitary District No. 5 of 415 435 -1501 Tiburon, CA 94920 Marin County (Tiburon), Sanitary Tony Rubio Chief Plant Operator 2001 Paradise Drive Secondary 0.98 District No. 5 of 415 435 -1501 Tiburon, CA 94920 Joseph Magner 621 Magnolia Avenue Millbrae, City of Superintendent Millbrae, CA 94030 Secondary 3 650 259 -2388 Michael D. Roe P. O. Box 2757 Advanced Mt. View Sanitary District District Manager Martinez, CA 94553 Secondary 3.2 925 228 -5635 ext. 32 Tim Healy P.O. Box 2480 Napa Sanitation District General Manager Napa, CA 94558 Secondary 15.4 707 258 -6000 Beverly James 500 Davidson Street Novato Sanitary District Manager- Engineer Novato, CA 94945 Secondary 5.4 415 892 -1694 x111 Ken Torke 2501 Embarcadero Palo Alto, City of Environmental Way Advanced 39 Compliance Manager Palo Alto, CA 94303 Secondary 650 329 -2243 Matthew Pierce 202 N. McDowell Blvd. Petaluma, City of Operations Supervisor Petaluma, CA 94954 Secondary 5.2 707 776 -3777 Ron Tobey 2131 Pear Street, Pinole, City of Plant Manager Pinole, CA 94564 Secondary 4.06 510 724 -8963 Steven S. Beall Same as Facility Rodeo Sanitary District Engineer- Manager Address Secondary 1.14 510 799 -2970 San Francisco (San Francisco Mark Costanzo P.O. Box 8097 International Airport), City and Utilities Manager San Francisco, CA Secondary 2.2 Count of 650 821 -7809 94128 Attachment F — Fact Sheet F -3 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS Attachment F — Fact Sheet F-4 Facility Contact Title Effluent Facility Discharger and Phone Number Mailing Address Description Design Flow m d Tommy Moala 1155 Market St., San Francisco (Southeast Plant), Assistant General 11th Floor City and County of Manager of San Francisco, CA Secondary 150 Wastewater 94103 415 554 -2465 James Ervin San Jose /Santa Clara, Cities of Acting Environmental 700 Los Esteros Road Advanced 167 Compliance Officer San Jose, CA 95134 Secondary 408 945 -5124 Larry Patterson San Mateo, City of Director of Public 330 West 20�h Avenue Secondary 15.7 Works San Mateo, CA 94403 650 522 -7385 Sausalito - Marin City Sanitary Craig Justice P.O. Box 39 District General Manager Sausalito, CA Secondary 1.8 415 332 -0244 94966 -0039 Sewerage Agency of Southern Mark Grushayev General Manager 26 Corte Madera Ave. Secondary 3.6 Marin 415 388 -2402 Mill Valley, CA 94941 Pam Jeane Sonoma County Water Sonoma Valley County Sanitary Deputy Chief Engineer Agency Secondary 3 District (707) 521 -1864 404 Aviation Blvd. Santa Rosa, CA 95403 Daniel Child Same as Facility South Bayside System Authority Manager Address Secondary 29 650 591 -7121 South San Francisco - Brian Schumacker San Bruno Water South San Francisco and San Plant Superintendent Pollution Control Plant Secondary 13 Bruno, Cities of (650) 877 -8555 195 Belle Air Road South San Francisco, CA 94080 Sunnyvale Water Melody Tovar Pollution Control Plant Advanced Sunnyvale, City of Division Manager P.O. Box 3707 Secondary 29.5 (408) 730 -7808 Sunnyvale, CA 94088 -3707 Patricia A. McFadden Navy BRAC PMOW BRAC Field Team 410 Palm Avenue, U.S. Department of Navy (Treasure Leader Bldg 1, Suite 161 Secondary 2 Island) San Francisco Bay Treasure Island, San Area Francisco, CA 415 743 -4720 94130 -1807 Vallejo Sanitation and Flood Melissa Morton District Manager Same as Facility Secondary 15.5 Control District 707 644- 8949 X211 Address West County Agency (West County E.J. Shalaby 2910 Hilltop Drive Wastewater District and City of District Manager Richmond, CA Secondary 28.5 Richmond Municipal Sewer District ) (510 222 - 6700 94806 Attachment F — Fact Sheet F-4 SF BAY NUTRIENTS WATERSHED PERMIT MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS Table F -2. Additional Facility Information TENTATIVE ORDER No. R2- 2014 -XXXX Discharger Authorized Person to Sign Billing Address (if different Pretreatment Receiving and Submit Reports from mailing address ) Program Water Type American Canyon, City of Same as Contact Same as mailing address Y Estuarine Benicia, City of Same as Contact Same as mailing address Y Estuarine Burlingame, City of Same as contact Same as mailing address Y Marine Central Contra Costa Sanitary District Same as contact Same as mailing address Y Estuarine Central Marin Sanitation Agency Same as contact Same as mailing address Y Estuarine Crockett Community Services District Same as contact Same as mailing address N Estuarine Steve Dominguez Delta Diablo Sanitation District Plant Manager Same as mailing address Y Estuarine 925 756 -1967 East Bay Dischargers Authority Hayward Water Pollution Control Facility San Leandro Water Pollution Control Plant Oro Loma/Castro Valley Sanitary Districts Water Pollution Control Plant Raymond A. Boege Alvarado Wastewater Treatment Plant Same as contact Same as mailing address Y Estuarine Livermore - Amador Valley Water Management Agency Export and Storage Facilities Dublin San Ramon Services District Wastewater Treatment Plant City of Livermore Water Reclamation Plant Ben Horenstein EBMUD Accounts Payable East Bay Municipal Utility District Director of Wastewater P.O. Box 24055, MS #5 Y Marine 510 287 -1846 Oakland, CA 94623 -2306 Fairfield- Suisun Sewer District Same as contact Same as mailing address Y Estuarine Las Gallinas Valley Sanitary District Same as contact Same as mailing address N Estuarine Marin County (Paradise Cove), Sanitary Same as contact Same as mailing address N Marine District No. 5 of Marin County (Tiburon), Same as contact Same as mailing address N Marine Sanitary District No. 5 of Millbrae, City of Same as contact Same as mailing address N Marine Mt. View Sanitary District Same as contact Same as mailing address N Estuarine James Keller Napa Sanitation District Plant Manager Same as mailing address Y Estuarine 707 258 -6020 Novato Sanitary District Same as contact Same as mailing address Y Estuarine Attachment F — Fact Sheet F -5 SF BAY NUTRIENTS WATERSHED PERMIT MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS TENTATIVE ORDER No. R2- 2014 -XXXX Discharger Authorized Person to Sign Billing Address (if different Pretreatment Receiving and Submit Reports from mailing address Program Water Type Palo Alto, City of Same as contact Same as mailing address Y Estuarine Petaluma, City of Same as contact Same as mailing address Y Estuarine Pinole, City of Same as contact Same as mailing address N Marine Rodeo Sanitary District Same as contact Same as mailing address N Estuarine San Francisco (San Francisco International Peter Acton Airport), City and County of Deputy Airport Director Same as mailing address Y Marine 650 821 -5000 San Francisco (Southeast Plant), City and George Engel County of Superintendent Same as mailing address Y Marine 415 920 -4944 San Jose /Santa Clara Water Pollution Control Joanna De Sa Plant and Cities of San Jose and Santa Acting Deputy Director Same as mailing address Y Estuarine Clara 408 535 -8560 San Mateo, City of Same as contact Same as mailing address Y Marine Sausalito - Marin City Sanitary District Same as contact Same as mailing address N Marine Sewerage Agency of Southern Marin Same as contact Same as mailing address N Marine Brian Anderson Sonoma Valley County Sanitary District Operations Coordinator Same as mailing address N Estuarine 707 526 -5370 South Bayside System Authority Same as contact Same as mailing address Y Marine South San Francisco and San Bruno, Cities of Same as contact Same as mailing address Y Marine Sunnyvale, City of Same as contact Same as mailing address Y Estuarine U.S. Department of Navy (Treasure Island) Same as contact Same as mailing address N Marine Vallejo Sanitation and Flood Control District Same as contact Same as mailing address Y Estuarine West County Agency (West County E.J. Shalaby Wastewater District and City of Richmond District Manager Same as mailing address Y Estuarine Municipal Sewer District ) (510 222 -6700 Attachment F — Fact Sheet F -6 A. The Dischargers listed in Table 1 of the Order own and operate secondary and advanced secondary wastewater treatment facilities as described in their individual permits. Wastewater is discharged to San Francisco Bay and its tributaries, which are waters of the United States within the San Francisco Bay watershed. Attachment C shows a map of the Dischargers subject to this Order. This Order supersedes nutrient - related requirements in the individual NPDES permits listed in Attachment B, with the exception of effluent limitations for ammonia as well as special studies the Central Contra Costa Sanitary District is to conduct pursuant to Order No. R2- 2012 -0016 (Provision C.5c). For the purposes of this Order, references to the "discharger" or "permittee" in applicable federal and State laws, regulations, plans, or policy are held to be equivalent to references to the Dischargers herein. B. The San Francisco Bay estuary has long been recognized as nutrient - enriched. Despite this, the abundance of phytoplankton in the estuary is lower than would be expected due to a number of factors, including strong tidal mixing; high turbidity, which limits light penetration; and high filtration by clams. However, recent data indicate an increase in phytoplankton biomass and a small decline in dissolved oxygen concentrations in many areas of the estuary, suggesting that its historic resilience to the effects of nutrient enrichment may be weakening. The contributing factors for this include (1) natural oceanic oscillations that have increased benthic predators, thus reducing South San Francisco Bay's clam population and clam grazing; and (2) decreases in suspended sediment that have resulted in a less turbid environment and increased light penetration. South San Francisco Bay's clam population filters phytoplankton biomass. However, beginning in the late 1990s, gross primary production in the South San Francisco Bay has increased sharply.' This increase appears to be due to a decrease in bivalve grazing because predators (fish, shrimp, and crabs) of benthic feeders have increased significantly. The increase in predator abundance has been attributed to a change in natural oceanic oscillations that is bringing colder waters to San Francisco Bay and has allowed these predators to feed on bivalves. San Francisco Bay is turbid due to high suspended sediment concentrations. However, recent studies show that the Bay may be clearing, with Bay -wide decreases in turbidity. In certain areas (e.g., Suisun Bay) decreases in turbidity of up to 50% have occurred since 1975.2 The reasons appear to be related to decreases in (1) sediment loads from the Sierra Nevada Mountains and Central Valley, and (2) the amount of erodible material within San Francisco Bay. Even with a significant decrease in turbidity, phytoplankton biomass production continues to be suppressed in Suisun Bay. This needs to be further studied as described on page F -16. Spring phytoplankton blooms are relatively frequent in San Francisco Bay, and fall blooms have been occurring with increased frequency. The reasons are unknown, but the increase could be the result of a less turbid environment and lower grazing pressure Cloern, J. E., and A. D. Jassby (2012), "Drivers of change in estuarine- coastal ecosystems: Discoveries from four decades of study in San Francisco Bay," Reviews of Geophysics, 50, RG4001, page 21. San Francisco Estuary Institute (SFEI), Nutrient Conceptual Model Draft, May 1, 2013, page 14. F -7 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS from clams. San Francisco Bay experiences strong tidal mixing, which breaks down stratification in the water column.3 However, there are two periods each year (March /April and September /October) that are low points for tidal energy. During these low- energy periods, stratification develops if there are sufficient freshwater inputs (salinity stratification is more typical in the spring) or calm clear days (temperature stratification is more typical in the fall). Under these conditions, phytoplankton can remain in the light -rich zone and grow rapidly. Typically, these blooms are short- lived, lasting 10 to 14 days, with blooms ending when increased tidal energy re -mixes the water column. Under current conditions, phytoplankton growth and biomass accumulation are limited much of the time by lack of light, and biomass accumulation is further controlled by clam grazing. If these constraints continue to shift, increases in phytoplankton biomass could follow. Under this scenario, it may be necessary to limit the availability of essential nutrients. This Order establishes new information collection requirements because municipal wastewater treatment plants are a significant source of nutrients to San Francisco Bay. Municipal wastewater treatment plants account for about 63 percent of the annual average total nitrogen load to San Francisco Bay. Their contribution varies, depending on embayment, as shown in the table below: Table F -3. Annual Average Loads for Dissolved Inorganic Nitrogen, kg /day Embayment Municipal Refinery Stormwater Delta Total POTW % Lower South Bay 6,805 n/a 539 n/a 7,344 93 South Bay 19,401 n/a 670 n/a 20,071 97 Central Bay 11,667 n/a 159 n/a 11,826 99 San Pablo Bay & Carquinez Strait 2,721 842 7,484 n/a 11,047 25 Suisun Bay 5,618 130 1,968 15,930 23,646 24 Baywide 46,212 972 10,820 15,930 73,934 63 SFEI, External Nutrient Loads to San Francisco Bay, Table 6, Draft, April 9, 2013. C. Several years may be needed to determine an appropriate level of nutrient control and to identify management actions necessary to protect San Francisco Bay beneficial uses. This Order is the first phase of what the Regional Water Board expects to be a multi - permit effort. It sets forth a regional framework to facilitate collaboration on studies that will inform future management decisions and regulatory strategies. The overall purpose of this phase is to track and evaluate treatment plant performance, fund nutrient monitoring programs, support load response modeling, and conduct treatment plant optimization and upgrade studies for nutrient removal. These studies will increase the understanding of external nutrient loads, improve load response models, support development of nutrient objectives, and increase the certainty that any required nutrient removal at treatment plants will produce the desired outcome. In the 2019 permit reissuance, the Regional Water Board anticipates considering establishment of performance -based effluent limits for nutrients and may require implementation of 3 SFEI, Nutrient Conceptual Model Draft, May 1, 2013, page 14. F -8 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS treatment optimization. The 2019 permit reissuance will also continue efforts to evaluate control measure scenarios as informed by load response modeling. In the 2024 and 2029 permit reissuances, the Regional Water Board anticipates using the information from studies conducted under earlier orders to require, implementation of additional management actions, as needed. II. FACILITIES DESCRIPTION A. Description of Wastewater Treatment Municipal wastewater treatment plants provide secondary treatment, which includes screening, skimming, settling, and biological treatment. Some plants also provide advanced treatment that "nitrifies" ammonia to make nitrate - nitrogen. Municipal wastewater treatment plants generally remove around 20 to 30 percent of the total nitrogen load in their influent. The primary source of nutrients in municipal wastewater is human waste; therefore, most dischargers have no practical way of controlling influent nutrient levels. B. Discharge Points and Receiving Waters Discharge points and receiving waters are identified in the individual permits listed in Attachment B. C. Existing Nutrient Discharge Data Dischargers have been collecting nutrient data since the Executive Officer of the Regional Water Board issued a Water Code section 13267 order on March 2, 2012. These data show that about 90 percent of municipal wastewater treatment plant nutrient discharges are from facilities that have a permitted design flow of 10 mgd or greater. These data are summarized below: Table F-4. Nutrient Loads (July 2012 to June 2013) F -9 Average Annual Average Annual Design Flow Discharger Total Nitrogen Total Phosphorus (mgd) Load k /day) Load (kg/day American Canyon, City of 66 26 2.5 Benicia, City of 223 27 4.5 Burlingame, City of 459 95 5.5 Calisto a, City of 58 6.6 0.84 Central Contra Costa Sanitary District 4187 138 53.8 Central Marin Sanitation Agency 903 89 10 Crockett Community Services District 0.033 Delta Diablo Sanitation District 1725 33 16.5 East Bay Dischargers Authority, including City of Hayward, City of San Leandro, Oro Loma Sanitary District, Castro Valley Sanitary District, Union Sanitary District, 8641 555 107.8 Livermore - Amador Valley Water Management Agency, Dublin San Ramon Services District, and City of Livermore F -9 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS Discharger Average Annual Total Nitrogen Load k /da Average Annual Total Phosphorus Load (kg/day Design Flow (mgd) East Bay Municipal Utility District 10583 973 120 Fairfield- Suisun Sewer District 1327 196 23.7 Las Gallinas Valley Sanitary District 261 40 2.92 Marin County (Paradise Cove), Sanitary District No. 5 of 2.1 0.27 0.04 Marin County (Tiburon), Sanitary District No. 5 of 61 8.2 0.98 Millbrae, Cit of 251 16 3 Mt. View Sanitary District 134 18 3.2 Napa Sanitation District 509 48 15.4 Novato Sanitary District 253 23 5.4 Palo Alto, City of 2341 336 39 Petaluma, City of 71 50 5.2 Pinole, City of 347 34 4.06 Rodeo Sanitary District 41 9.3 1.14 Saint Helena, City of 114 36 0.5 San Francisco (San Francisco International Airport), City and County of 236 15 2.2 San Francisco (Southeast Plant), City and County of 8307 101 150 San Jose /Santa Clara WPCP 5233 332 167 San Mateo, City of 1501 124 15.7 Sausalito - Marin City Sanitary District 158 25 1.8 Sewerage Agency of Southern Marin 241 42 3.6 Sonoma Valley County Sanitary District 119 40 3.0 South Ba side System Authority 2118 171 29 South San Francisco and San Bruno, Cities of 1165 153 13 Sunnyvale, City of 1086 213 29.5 U.S. Department of Navy (Treasure Island 13 1.8 2.0 Vallejo Sanitation and Flood Control District 845 128 15.5 West County Agency (West County Wastewater District and City of Richmond Municipal Sewer District 850 57 28.5 Yountville, Town of 23 3.8 0.55 Aggregate Mass Load (kg /yr) 54,5004 4,160 Load from design flow z 10 mgd 51,300 (94 %) 3,650(88%) III. APPLICABLE PLANS, POLICIES, AND REGULATIONS The requirements in the Order are based on the requirements and authorities described below: The aggregate nitrogen loads in Table F-4 are about 20% higher than those noted in Table F -3. This is because Table F -4 represents total nitrogen whereas Table F -3 only represents the dissolved inorganic form. F -10 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS A. Legal Authorities This Order serves as WDRs pursuant to California Water Code article 4, chapter 4, division 7 (commencing with § 13260). This Order is also issued pursuant to federal Clean Water Act (CWA) section 402 and implementing regulations adopted by U.S. EPA and Water Code chapter 5.5, division 7 (commencing with § 13370). It shall serve as an NPDES permit for point source discharges from the named facilities to surface waters. B. California Environmental Quality Act (CEQA) Under Water Code section 13389, this action to adopt an NPDES permit is exempt from the provisions of the California Environmental Quality Act, Public Resources Code division 13, chapter 3 (commencing with § 21100). C. State and Federal Regulations, Policies, and Plans Water Quality Control Plan. The Regional Water Board adopted the Wafer Qualify Control Plan for the San Francisco Bay Basin (Basin Plan), which designates beneficial uses, establishes water quality objectives, and contains implementation programs and policies to achieve those objectives for all waters addressed through the plan. The Basin Plan specifies numeric and narrative water quality objectives. The narrative biostimulatory substances objective states, "Waters shall not contain biostimulatory substances in concentrations that promote aquatic growths to the extent that such growths cause nuisance or adversely affect beneficial uses." Requirements in this Order implement the Basin Plan. This Order is consistent with State Water Board Resolution No. 88 -63, which established State policy that all waters, with certain exceptions, should be considered suitable or potentially suitable for municipal or domestic supply. Beneficial uses for the discharges' receiving waters are listed below: Table F -5. Basin Plan Beneficial Uses Receiving Water Beneficial Uses Ocean, Commercial, and Sport Fishing (COMM) Estuarine habitat (EST) Industrial Service Supply (IND) Marine Habitat (MAR), Fish Migration (MIGR) San Francisco Bay and its Navigation (NAV) Preservation of Rare and Endangered Species (RARE) Tidally- Influenced Tributaries Water Contact Recreation (REC1) Noncontact Water Recreation (REC2) Shellfish Harvesting (SHELL) Fish Spawning (SPWN) Wildlife Habitat (WILD) 2. Anti - Backsliding Requirements. CWA sections 402(o) and 303(d)(4) and 40 C.F.R. section 122.44(1) restrict backsliding in NPDES permits. These anti - backsliding provisions require that effluent limitations in a reissued permit be as F -11 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS stringent as those in the previous permit, with some exceptions in which limitations may be relaxed. 3. Antidegradation Policy. Federal regulations at 40 C.F.R. section 131.12 requires that state water quality standards include an antidegradation policy consistent with the federal policy. The State Water Board established California's antidegradation policy through State Water Board Resolution 68 -16, which is deemed to incorporate the federal antidegradation policy where the federal policy applies under federal law. Resolution 68 -16 requires that existing water quality be maintained unless degradation is justified based on specific findings. The Basin Plan implements, and incorporates by reference, both the State and federal antidegradation policies. Permitted discharges must be consistent with the antidegradation provisions of 40 C.F.R. section 131.12 and State Water Board Resolution 68 -16. 4. Endangered Species Act Requirements. This Order does not authorize any act that results in the taking of a threatened or endangered species or any act that is now prohibited, or becomes prohibited in the future, under either the California Endangered Species Act (Fish and Game Code §§ 2050 to 2097) or the Federal Endangered Species Act (16 U.S.C.A. §§ 1531 to 1544). This Order contains requirements to protect the beneficial uses of waters of the State, including protecting rare, threatened, or endangered species. Each Discharger is responsible for meeting all applicable Endangered Species Act requirements. D. Impaired Waters on CWA 303(d) List In October 2011, U.S. EPA approved a revised list of impaired waters prepared pursuant to CWA section 303(d), which requires identification of specific water bodies where it is expected that water quality standards will not be met after implementation of technology -based effluent limitations on point sources. Where it has not done so already, the Regional Water Board plans to adopt Total Maximum Daily Loads (TMDLs) for pollutants on the 303(d) list. TMDLs establish wasteload allocations for point sources and load allocations for non -point sources, and are established to achieve the water quality standards for the impaired waters. San Francisco Bay is not listed as impaired by nutrients. IV. RATIONALE FOR DISCHARGE PROHIBITIONS AND SPECIFICATIONS The CWA requires point source dischargers to control the amount of conventional, non - conventional, and toxic pollutants discharged into waters of the United States. The control of pollutants discharged is established through NPDES permit requirements. There are two principal bases for effluent limitations: 40 C.F.R. section 122.44(a) requires that permits include applicable technology -based limitations and standards; and 40 C.F.R. section 122.44(d) requires that permits include water quality -based effluent limitations to attain and maintain applicable numeric and narrative water quality criteria to protect the beneficial uses of receiving waters. F -12 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS This Order continues the receiving water limits that apply to biostimulatory substances from the individual NPDES permits listed in Attachment B. At this time, the Regional Water Board has determined that there is insufficient evidence to conclude that nutrients cause or contribute to excursions of the narrative water quality objective for biostimulatory substances. Therefore, this Order does not include water quality -based effluent limits for nutrients. The individual NPDES permits listed in Attachment B contain other discharge prohibitions, technology -based limitations, and water quality -based specifications, including ammonia effluent limitations. A. Anti - backsliding This Order does not backslide because existing permits do not include effluent limitations for nutrients based on the narrative biostimulatory substances water quality objective. B. Antidegradation Federal regulations at 40 C.F.R. section 131.12 require that state water quality standards include an antidegradation policy consistent with the federal policy. The State Water Board established California's antidegradation policy through State Water Board Resolution No. 68 -16. This Order covers existing discharges, all of which have been covered by individual NPDES permits adopted in accordance with antidegradation policies. According to a State Water Board guidance memorandum (William Attwater, Chief Counsel, October 7, 1987), "...the federal antidegradation policy ordinarily does not apply to consideration of existing discharges, even if exceptions or variances from other applicable water quality objectives or effluent guidelines are required to permit the discharge to continue." According to the memorandum, considerations in determining whether to perform an antidegradation analysis include the following: 1. whether there are new discharges or an expansion of existing facilities, 2. whether there would be a reduction in the level of treatment of an existing discharge, 3. whether an existing outfall has been relocated, 4. whether there has been a substantial increase in mass emissions, and 5. whether there has been a change in water quality from a point source or non -point source discharge or water diversion. None of these conditions apply to this Order. Moreover, no antidegradation analysis is required when the Regional Water Board has no reason to believe that baseline water quality will be reduced. Baseline quality is the best quality of the receiving water that has existed since 1968 when considering Resolution No. 68 -16, or since 1975 under the federal policy, unless subsequent lowering was due to regulatory action consistent with State and federal antidegradation policies. If poorer water quality was permitted, the most recent water quality resulting from permitted action is the baseline water quality to be considered in any antidegradation analysis. F -13 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS Because all the individual NPDES permits were adopted in accordance with the antidegradation policies, the baseline for evaluating antidegradation is the existing water quality resulting from the individual permits. This Order does not allow for any increase in permitted design flow or allow for any reduction in treatment; therefore, no increase in nutrient discharge beyond the discharges already taking place are foreseeable, and no findings justifying degradation are necessary. C. Stringency of Requirements for Individual Pollutants This Order's discharge specifications are no more stringent than required to implement CWA requirements. V. RATIONALE FOR RECEIVING WATER LIMITS This Order continues receiving water limits that apply to biostimulatory substances from the individual NPDES permits listed in Attachment B. These limits are based on the Basin Plan water quality objectives. This continuance is necessary, because this Order supercedes nutrient - related requirements in the individual NPDES permits. No other additional limitations are necessary. VI. RATIONALE FOR PROVISIONS A. Standard Provisions The individual NPDES permits listed in Attachment B contain all standard provisions. B. Monitoring and Reporting Program Pursuant to 40 C.F.R. section 122.48, NPDES permits must specify requirements for recording and reporting monitoring results. Water Code section 13383, and 40 C.F.R. sections 122.41(h) and 0), authorize the Regional Water Board to require technical and monitoring reports. This Order establishes monitoring and reporting requirements, contained in the Monitoring and Reporting Program (Attachment E), that implement federal and State requirements. For more background regarding these requirements, see section VII of this Fact Sheet. C. Special Provisions 1. Evaluation of Potential Nutrient Discharge Reduction by Treatment Optimization and Side - Stream Treatment This Order requires major Dischargers to study how existing treatment can be optimized, and how much it would cost to optimize and implement minor upgrades to their existing treatment systems to reduce nutrient loads to San Francisco Bay. This information is necessary to understand the extent that Dischargers can maximize existing treatment systems for nutrient removal to reduce the risk of impairment of San Francisco Bay. This Order also requires evaluation for side - stream treatment opportunities. Implementing side - stream treatment can be a capital intensive F -14 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS upgrade, but it is included in the optimization evaluation since opportunities for side - stream treatment are site - specific. Major facilities are those with a design flow greater than or equal to 1 million gallons per day (mgd). While most of the nutrient loads to San Francisco Bay are from municipal wastewater treatment facilities with design flows greater than 10 mgd, this Order requires other major facilities to evaluate the potential to optimize their treatment and to evaluate the costs of upgrades because there is uncertainty concerning nutrient cycling within in San Francisco Bay. It is possible that all nutrient sources may contribute significantly to nutrient impacts and that many Dischargers will need to optimize treatment. For Dischargers that implement minor upgrades or treatment plant optimization, the Regional Water Board intends to recognize early actions and encourage early nutrient removal where opportunities exist. As part of Dischargers' actions to implement minor upgrades or treatment plant optimization, Dischargers should also consider how such actions may be consistent with or contrary to actions Dischargers plan to address the impacts of sea level rise and climate change. This provision is authorized by Clean Water Act section 1318(a) and Water Code section 13383. Section 1318(a) authorizes the collection of information necessary to carry out the objectives of the Clean Water Act, including but not limited to developing or assisting in the development of any effluent limitation, other limitation, prohibition, effluent standard, pretreatment standard or standard of performance. The Regional Water Board implements this requirement through Water Code section 13383. 2. Evaluation of Potential Nutrient Discharge Reduction by Treatment Plant Upgrades or Other Means This Order requires major Dischargers to study how existing treatment plants can be upgraded, and how much it could cost to upgrade their existing treatment systems to reduce nutrient loads to San Francisco Bay and its tributaries. This information is necessary to understand measures the Dischargers could need to implement to significantly reduce nutrient discharges should the need arise to reduce the risk of impairment of San Francisco Bay. This requirement is consistent with U.S. EPA's NPDES Permit Writers' Manual, which states: Treatability studies are applicable when treatability information is lacking for a pollutant or pollutants that would prohibit a permit writer from developing defensible technology -based effluent limits. Treatability studies can also be required if the permit writer suspects that a facility may not be able to comply with an effluent limit.5 s U.S. EPA NPDES Permit Writers' Manual, Publication Number EPA - 833 -B -96 -003, December 1996, page 139. F -15 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS This Order requires major Dischargers to evaluate options for upgrading their treatment plants because nutrient loads reductions from their facilities could be important in reducing potential nutrient - related impacts in San Francisco Bay. The intent of the requirement to address sea level rise and climate change as part of the nutrient upgrade evaluation is to avoid identifying nutrient removal options that turn out to be infeasible because of sea level rise or climate change. Additionally, this provision highlights that major Dischargers can evaluate other means for reducing nutrient loads that may have positive ancillary benefits. For example, Dischargers could consider increasing water recycling to reduce nutrient loads and potable use. It may also be possible to use wetlands or other treatment upgrades to remove nutrients while also providing habitat, including habitat for endangered species; protecting against sea level rise; and removing constituents of emerging concern, such as pharmaceuticals. This evaluation should also consider how upgrades that reduce nutrient loads may be consistent with or contrary to upgrades Dischargers plan to address the impacts of sea level rise and climate change. This provision is authorized by Clean Water Act section 1318(a) and Water Code section 13383. Section 1318(a) authorizes the collection of information necessary to carry out the objectives of the Clean Water Act, including but not limited to developing or assisting in the development of any effluent limitation, other limitation, prohibition, effluent standard, pretreatment standard or standard of performance. The Regional Water Board implements this requirement through Water Code section 13383. 3. Monitoring, Modeling, and Embayment Studies This Order requires the Dischargers to conduct, or to collaborate on, studies to address the potential impacts of nutrients on San Francisco Bay beneficial uses. The Regional Water Board recognizes there are great efficiencies from collaborating on large scale study efforts. The Bay Area Clean Water Agencies ( BACWA) has identified $880,0006 each permit year as a collective level of effort from the Dischargers. The Regional Water Board finds this amount to be an appropriate level of effort initially to support science plan development and implementation and receiving water monitoring for nutrients identified in this provision. If the Dischargers and BACWA are successful in securing additional outside resources, such as from grants or other agencies for nutrient monitoring or studies identified in the Science Plan, the outside funding and work would not be requirements under this Order, nor would the outside funding count towards the Dischargers' level of effort under this provision. The Regional Water Board notes that Dischargers have contributed over a million dollars directly and through the RMP to fund scientific studies examining the impact The $880,000 identified by BACWA does not include costs to comply with other provisions of this Order or funds Dischargers contribute to the Regional Monitoring Program. F -16 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS of nutrients on San Francisco Bay, and have conducted facility nutrient monitoring since July 2012. Dischargers are also collaborating with other regional stakeholders on the development of a science plan and governance structure to guide the scientific research. Support for modeling will inform the development of Nutrient Numeric Endpoints (NNEs) that the Regional and State Water Boards are developing. The NNE framework aims to establish a suite of numeric endpoints based on the ecological response of a waterbody to nutrient over - enrichment and eutrophication (e.g., excessive algal blooms leading to decreased dissolved oxygen). In addition to numeric endpoints for response indicators, the NNE framework will include models that link the response indicators to nutrient loads and other management controls for a range of potential future conditions in the Bay. The NNE framework is intended to serve as numeric guidance to translate the Basin Plan's narrative objective for biostimulatory substances. The modeling efforts will enable a mechanistic (cause and effect) approach that bases management endpoints on ecological response. In this way, the model may be used to link nutrient loads with co- factors (e.g., strength of tides, residence time, clam grazing, increase /decreases in turbidity) and, therefore, provide more accurate information on the relative importance of reducing nutrient loads from certain Dischargers. On the subembayment level, there is a need to coordinate studies, such as those in Suisun Bay, to better understand why phytoplankton biomass is suppressed in this bay segment. In Suisun Bay, extremely low phytoplankton biomass and a highly - altered phytoplankton community composition have characterized the system since 1987, when the invasive clam Corubula amurensis became widely established. Studies suggest that elevated levels of ammonium or an altered ratio in nitrogen to phosphorus may be contributing to low phytoplankton biomass and changes in phytoplankton species composition.' Additionally, there is also a need to coordinate studies for the Lower South Bay because it is enriched with nitrogen and phosphorus. The median dissolved inorganic nitrogen concentrations in South San Francisco Bay are almost ten times higher than those in estuaries that do not have direct municipal wastewater treatment plant discharges.8 Trends in chlorophyll (a) suggest that this portion of the estuary may be starting to lose some of its historic resilience to high nutrient loads. This provision is authorized by Clean Water Act section 1318(a) and Water Code section 13383. Section 1318(a) authorizes the collection of information necessary to carry out the objectives of the Clean Water Act, including but not limited to developing or assisting in the development of any effluent limitation, other limitation, prohibition, effluent standard, pretreatment standard or standard of performance. The Regional Water Board implements this requirement through Water Code section 13383. SFEI, Nutrient Conceptual Model Draft, May 1, 2013, page 6. 8 Cloern, J. E., and A. D. Jassby (2012), "Drivers of change in estuarine - coastal ecosystems: Discoveries from four decades of study in San Francisco Bay," Reviews of Geophysics, 50, RG4001, page 14. F -17 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS 4. Reopener Provisions These provisions are based on 40 C.F.R. sections 122.62 and 122.63 and allow modification of this Order as necessary in response to updated water quality standards, regulations, or other new and relevant information that may become available in the future, and other circumstances as allowed by law. VII. RATIONALE FOR MONITORING AND REPORTING PROGRAM (MRP) Attachment E contains the MRP for this Order. It specifies pollutants to be monitored, monitoring frequencies, and reporting requirements. The following provides the rationale for the MRP requirements. Consistent with the Regional Water Board's March 2, 2012, Water Code section 13267 order to collect nutrient data, this Order requires Dischargers to report nitrogen and phosphorus discharge levels and trends. The monitoring frequencies specified depend on each Discharger's nutrient loads and its resources to conduct the monitoring. For example, those with larger flows are required to monitor more frequently. This Order requires the Dischargers to support receiving water monitoring to enable load /response modeling, track nutrient trends over time, and identify harmful algae blooms and associated toxins. These requirements are necessary because San Francisco Bay may be becoming less resistant to nutrient discharges, municipal wastewater treatment facilities are the primary source of nutrient loadings to San Francisco Bay, and the need for future controls can be informed by an improved understanding of the fate and transport of nutrients in San Francisco Bay. Finally, this Order requires Dischargers to submit an annual report, either individually or as a group. The annual report is to include a summary of monitoring data and an evaluation of nutrient load and concentration trends. This information is necessary to establish baseline loads. The requirement for a trend analysis is to ensure that Dischargers investigate the causes of any changes in nutrient discharges from their treatment plants. This will allow for a better understanding of why nutrient loads may change and help identify controllable measures for maintaining levels of treatment. Additionally, this Order requires that Dischargers report nutrient loads from all municipal treatment plants in their respective subembayments. This is to establish baseline loads by subembayment and the potential for nutrient load trading. VIII. PUBLIC PARTICIPATION The Regional Water Board considered the issuance of WDRs that will serve as an NPDES permit for the Dischargers' facilities. As a step in the WDR adoption process, Regional Water Board staff developed tentative WDRs and encouraged public participation in the WDR adoption process. A. Notification of Interested Parties. The Regional Water Board notified the Dischargers and interested agencies and persons of its intent to prescribe WDRs for the discharge F -18 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS and provided an opportunity to submit written comments and recommendations. Notification was provided by transmitting electronic copies of tentative WDRs to the Dischargers and other interested parties and by publishing a notice in the Oakland Tribune. The public had access to the agenda and any changes in dates and locations through the Regional Water Board's website at www. waterboards .ca.gov /sanfranciscobay. B. Written Comments. Interested persons were invited to submit written comments concerning the tentative WDRs as explained through the notification process. Comments were due either in person or by mail at the Regional Water Board office at 1515 Clay Street, Suite 1400, Oakland, California 94612, to the attention of Robert Schlipf. For full staff response and Regional Water Board consideration, the written comments were due at the Regional Water Board office by 5:00 p.m. on Monday, March 10, 2014. C. Public Hearing. The Regional Water Board held a public hearing on the tentative WDRs during its regular meeting at the following date and time, and at the following location: Date: April 9, 2014 Time: 9:00 a.m. Location: Elihu Harris State Office Building 1515 Clay Street, 1St Floor Auditorium Oakland, CA 94612 Contact: Robert Schlipf, (510) 622 -2478, robe rt.schIipf(aD-waterboards. ca. gov Interested persons were invited to attend. At the public hearing, the Regional Water Board heard testimony pertinent to the discharge, WDRs, and permit. For accuracy of the record, important testimony was requested to be in writing. Dates and venues change. The Regional Water Board web address is http: / /www.waterboards.ca.gov /sanfranciscobav, where one could access the current agenda for changes in dates and locations. D. Reconsideration of Waste Discharge Requirements. Any aggrieved person may petition the State Water Board to review the Regional Water Board decision regarding the final WDRs. The State Water Board must receive the petition at the following address within 30 calendar days of the Regional Water Board action: State Water Resources Control Board Office of Chief Counsel P.O. Box 100, 1001 1 Street Sacramento, CA 95812 -0100 For instructions on how to file a petition for review, see http: / /www.waterboards.ca.gov /public notices /petitions /water guality/wgpetition instr.sht MI. F -19 SF BAY NUTRIENTS WATERSHED PERMIT TENTATIVE ORDER No. R2- 2014 -XXXX MUNICIPAL AND INDUSTRIAL WASTEWATER DISCHARGERS E. Information and Copying. Supporting documents, and comments received are on file and may be inspected at the address above at any time between 9:00 a.m. and 5:00 p.m., Monday through Friday. Copying of documents may be arranged by calling (510) 622 -2300. F. Register of Interested Persons. Any person interested in being placed on the mailing list for information regarding the WDRs and NPDES permit should contact the Regional Water Board, reference the Facility, and provide a name, address, and phone number. G. Additional Information. Requests for additional information or questions regarding this Order should be directed to Robert Schlipf at (510) 622 -2478 or RSchlipf waterboards.ca.gov. F -20