HomeMy WebLinkAbout05. Regulatory UpdatesItem No.
SIGNIFICANT
REGULATORY UPDATES
November 22, 2016
Real Estate, Environmental and Planning
Committee Meeting
Lori Schectel
Environmental and Regulatory Compliance Division Manager
SIGNIFICANT REGULATORY ISSUES
• Air
• Wastewater
• Household Hazardous Waste
1
11/15/2016
AIR -RELATED ISSUES
Clean Air Act Section 129: 40 -CFR -60 Sewage Sludge Incinerator
Regulations
Effective March 2016
- New emissions limits, minimum operating limits, enhanced visible
emissions from ash handling, operator training, annual source tests
Annual operator training completed
Both furnaces passed initial 129 compliance demonstration source tests
Awaiting EPA's response on proposed minimum operating limits
• Title V
Authority to Construct permit application submitted to BAAQMD in
November 2016 for Headworks Improvement Project
AIR -RELATED ISSUES
• Global Warming Solutions Act of 2006
Cap and Trade Program inclusion threshold: 25,000 MTCO2e
Verified calendar year 2015 anthropogenic emissions: 23,142 MT CO2e
Projected calendar year 2016 anthropogenic emissions: <24,000 MT CO2e
• Portable Diesel Engine Regulation
GARB Air Toxics Control Measure
Two engines were replaced in 2016
Replace or decommission five engines by 2020
1111111101404444• Soil Cap Enforceable Agreement with DTSC
Maintain integrity of soil caps (Basin A South; Surcharge Fill Area)
DTSC no longer performs annual inspections
•
Reporting: Semi-annual and five -years; notice and reporting on excavation
projects
AIR -RELATED ISSUES
• BAAQMD Draft Rea 11-18: Reduction of Risk from Air Toxic
Emissions at Existing Facilities
Facilities with incremental cancer risk > 10 in a million will be
required to:
Reduce facility incremental cancer risk to < 10 in a million and/or;
Add TBARCT to any single source with an incremental cancer risk
1 in a million.
Aggressive schedule for high-risk facilities to reduce facility risks
BAAQMD public workshop - November 2016
Rule adoption - Summer 2017
Internal evaluation of health risks for Treatment Plant
AIR -RELATED ISSUES
• BAAQMD Revised Reg 2-1: General Requirements and Rea 2-2:
New Source Review
Amendments to existing regulations to include new definition of
particulate matter
State and federally enforceable
Bay Area is officially non -attainment for PM2.5
Applicable to new and modified sources
Applies BACT for PM2.5 if NSR is triggered
Revisions effective August 31, 2016
• BAAQMD Proposed Revisions to Rea 2-5: New Source Review,
of Toxic Air Contaminants
Applicable to new and modified sources
Applies TBACT for toxic air contaminants if NSR is triggered
BAAQMD public hearing — December 2016
11/15/2016
3
WASTEWATER -RELATED ISSUES
• Treatment Plant NPDES Discharge Permit,
Expires March 2017
Renewal application (ROWD) submitted by September 30. 2016
Administrative draft permit expected in January 2017
• Nutrient Watershed Permit
Meet regional permit expectations (monitoring, reporting, evaluation)
Collaborate with BACWA, SFEI, RWOCB, consultants
Second annual report submitted in October 2016
Expires June 2019; renew December 2018
▪ Optimization and Upgrade Study — drafts completed for 17 out of 37 plants
•
WASTEWATER -RELATED ISSUES
• Test of Significant Toxicity (Draft State Policy)
Numeric limits for chronic toxicity
Statistical method to determine chronic toxicity
Monthly testing frequency
Revised public draft expected in early 2017 with adoption in Summer 2017
• Federal Dental Amalgam Rulp.(ProDosed)
CCCSD developed program based on Regulation 2 Mercury Watershed
Permit
Proposes new category — Dental Industrial User (DIU)
Additional regulatory oversight on non-compliant DIU
Additional sampling and administrative requirements
EPA's target adoption date — December 2016
11/15/2016
WASTEWATER -RELATED ISSUES
• Environmental Laboratory Accreditation Proaram (ELAP1
Laboratory accreditation for NPDES self-monitoring will be held to the
new accreditation standard
Additional documentation without improvement in data quality
BAAQMD and CCCSD commented on draft regulation Fall 2016
Adoption is anticipated end of 2017/early 2018
HOUSEHOLD HAZARDOUS WASTE -
RELATED ISSUES
• Lead -Acid Batten/ Recyclina Act of 2016 (AB 2153)
New bill chaptered in September 2016
Requires advance recycling fee of $1 per lead -acid, automotive battery
at the time of purchase
Fee will increase to S2 per battery in 2022
Retailers will be required to take these batteries back
HHWCF currently collects lead -acid batteries as a source of revenue
Should reduce number of lead -acid batteries received by CCCSD;
CCCSD should save on handling cost
• ALitornotive Repair: Oil Chanues: Notification to Customers (S13778)
Requires automotive repair dealers or maintenance providers to follow
manufacturer's published oil drain schedule
Vetoed by Governor in September 2016; remains in Senate pending
consideration
11/15/2016
AIR -1
AIR -2
Subject
129 Sewage Sludge Incinerator Regulations
Effective March 21, 2016, the 129 Sewage Sludge
Incinerator (SSI) regulations established new reporting,
operating and emission Iimits for NOx, CO3 502, PM, HCI,
cadmium, mercury, lead, and dioxin/furan. Major
components of the 129 regulations include:
1) Minimum operating limits for continuous parametric
monitors
a) Top Hearth Temperature
b) Wet scrubber inlet flow rate
c) Wet scrubber outlet pH
d) Wet scrubber Differential Pressure (dP) drop
2) Enhanced limits on visible emissions from ash
handling
3) Enhanced OperatorTraining Program with annual
refresher training and certification
4) Annual compliance source testing
5) Use of bypass damper allowable in certain
circumstances, e.g. prevent Ioss of Iife, personal
injury, or severe property damage, though must be
reported. Breakdown relief may be granted.
AB 32 Global Warming Solutions Act
First state legislation in the nation to regulate greenhouse
gas emissions and establishes targets for future statewide
GHG emissions. Rules developed and enforced by the
California Air Resources Board (CARB).
1) Required reductions for the State of California
a) Reduce to199Oemissions levels by2OZO
b) Reduce to 40% below 1990 emissions Ievels by
2030
d Reduce to 80% below 1990 emissions Ievels by
2050
2) Cap and Trade Program
a) State-wide regulatory frame work for reducing
GHG emissions
b) >25,000 MT CO2e anthropogenic emissions
trigger
c) Triennial submittal of allowances to CARB for
actual GHG emissions
d) Triennial reduction in allowance available for
purchase ortrade byCARB
Central Contra Costa Sanitary District
Regulatory Updates -U ;�� ^�� Significant Issues��
November 22, 2016
Relevance to the District
1) Annual source testing is required to demonstrate
comp|ianceandisapproximatehS12O'l4Okperyear,
not including stafftime.
2) Potential for more frequent Reportable Cornpliance
Activities. Increased risk for violations with new emission
limits.
3) Four additional process parameters as compliance
monitors. The new minimum operating ?imits may
reduce operational fiexibility.
4) Additional reporting requirements for Title V Permit.
5) Modifications to existing equipment to comply with 129
requirements, i.e. caustic system and ash loading station
modifications.
1) CCCSD is required to complete mandatory annual
reporting and verification of the Treatment Plant's
annual GHG emissions inventory.
2) Added costs for future expansion if over the 25,000 MT
CO2e Cap and Trade trigger.
3) Cap and Trade triggers reduction to meet future GHG
reduction goals.
Current Status
1) Completed Furnace No.1 Compliance
Demonstration Source Test in October 2015.
Results were in compliance with 129 emission
limits.
2) Completed Furnace No.2 Compliance
Demonstration Source Test in July 2016. Results
were in compliance with 129 emission limits.
3) Completed caustic injection system pilot in 2015.
4) Collaborating with Capital Projects on the MHF
Burner improvements.
5) Completed annual 129 operator training for
Operations staff.
6) Awaiting EPA response on minimum operating
1) Actively manage natural gas use at the Treatment
Plant to remain under the Cap and Trade Program
trigger of 25,000 MT CO2e anthropogenic
emissions. This saves CCCSD annual avoided costs
of $250,000 per year by not being in the Cap and
Trade Program.
2) Prepare, submit, and verify annual GHG
inventories.
3) Calendar year 2015 anthropogenic emissions:
23,242MTCO2e.
4) Projected calendar year 2016 anthropogenic
emissions below 24,OOOMT[Oze.
Next Steps
1) Continue our efforts on emission testing, caustic
injection testing, ash loading improvements, and
operator training.
2) Staff will work with the Environmental Protection
Agency to establish process operating Iimits for
scrubber pressure drop, scrubber outlet pH, scrubber
inlet flowrate, and top hearth temperature.
1) Track development of state and federal GHG
regulations routinely to ensure compliance.
2) Staff will continue to work with CASA Climate Change
Group and Bay Area Clean Water Agency's AIR
Committee to obtain regulatory updates and provide
comments through BACWA AIR Committee as
necessary.
AIR -3
AIR -4
AIR -5
(New)
AIR -6
(New)
Subject
Title V Compliance
TitIe V 15 d national Federal air permitting program under
the Clean Air Act. The Treatment Plant's Title V permit
lists all applicable regional, state, and Federal air
requirements. All submitted Title V compliance
documentsarecertdiedbv"responsib|eofficial". Title V
permit holder responsible for compliance with all
applicable regulations even if not in Title V permit. Title V
Permit renewed every 5 years, and the Iast renewal in
March 2015. Bay Area Air Quality Management District
(BAAQMD) is the delegated enforcement authority.
Portable Diesel Engine Regulation
Per the California Air Resources Board (CARB) Air Toxics
Control Measure (ATCM), all portable diesel engines > 50
horsepower be certified to EPA Tier 4. Final standards for
emissions of particulate, NOx, and organics. The
regulations were adopted in February 2011.
Proposed BAAQMD Reg 11-18: Reduction of
Air Toxic Emissions from Existing Facilities
BAAQMD has published proposed Rule 1148 to reduce
air toxic emissions from existing facilities. Facilities with
incremental cancer risk greater than (>) 10 in a million
would be required to reduce facility incremental cancer
risk to < 10 in a million and/or add TBARCT to any single
source with an incremental cancer risk» 1 in a million.
Adoption is scheduled for Summer 2017.
Revised BAACWID Reg 2-1: General
Requirements and Reg 2-2: New Source
Review
Revised regulations effective August 31, 2016 that
incorporate the new definition of particulate matter.
Page |2
Relevance to the District
1) CCCSD is subject to increased process monitoring,
reporting, and data retention requirements.
2) DuaI permit action for any significant changes:
a) Title VPermit
b) BAAQMDannual Pemnit-To-Operate
3) Increased annual permit fees every year.
4) Reportable Compliance Activities (RCA's) for
communicating permit excursions or exceedances.
5) 5 -year recordkeeping requirements.
1) Eight portable diesel engines in District Fleet were not
EPA Tier 4 certified as of November 2016: once replaced,
will become Tier 4.
2) Increased equipment budget to replace these engines.
1) Treatment plant facility risk is likely> 10 in a mililon.
2) OnIy three years to install equipment to reduce facility
risk to less than (<) 10 in a million, if draft regulations
stay intact.
3) Could influence the selection of future projects under
the Master PIan.
1) New definition of particulate matter includes
condensable particulates. This can significantly increase
furnace's particulate rnatter emissions over baseline
emissions.
2) If new or modified source status is triggered for the
furnace, CCCSD would be required to install BACT for
PM2.5.
Current Status
1) Regulatory Compliance staff works closely with
Operations staffto ensure full compliance with all
Title V permit requirements.
2) Monitoring and analysis of process data to ensure
permit limits.
3) Prompt and accurate reporting (monthly,
quarterly, semi-annuaLand annual) to8AA[lMD.
4) Preparation for routine site inspections.
5) Permit renewal is completed every 5 years.
6) Continue to develop positive working relationships
with the regulatory agency.
7) Submitted Authority to Construct permit
application to BAAQMD for Headworks
Improvement Project.
1) Two portable diesel engines at the Treatment
Plant have been taken out -of -service and replaced
with portable diesel engines < 50 hp.
2) One portable diesel engine at Orinda Crossroads
Pumping Station will be taken out -of -service
and/or replaced by January 1, 2017.
3) Two diesel engines at CSO will be taken out -of -
service and/or replaced by January 1, 2017.
ut-of-sen/iceand/orrep1acedbv]anuaryl,ZOl7.
1) Rule is in draft stage.
2) BAAQMD soliciting input on draft rule.
Will not impact District's operations unless a new or
modified source status is triggered.
Regulatory Updates - List of Significant Issues
Next Steps
Regulatory Compliance staff continues to work closely
with Operations staff and BAAQMD officials to ensure full
compliance with all Title V permit requirements.
Remaining five engines to be taken out -of -service and/or
replaced by January 1, 2020.
1) Attend public workshops and hearings on rule
development.
2) Submit written comments on draft rule (December
2016)
AIR -7
(New)
AIR -8
CEC-1
Subject
Potential Revisions to BAAQMD Reg 2-5:
New Source Review of Toxic Air
Contaminants
Proposed revisions to Regulation 2, Rule 5 would require
new and modified sources to impiement Toxic Best
Available Control Technology (TBACT) for toxic air
contaminants.
Enforceable Agreement with Department of
Toxic Substances Control (DTSC) for Soil Cap
CCCSD has a written agreement with DTSC to maintain
the soil cap onBasin ASouth and Surcharge fill area. The
agreement requires periodic inspections and repairs as
needed. Reportingnequirementsinc1udesemi'annuaL5'
year summary report, and reports on any excavation
work on Treatment Plant site.
Microplastics
Regional monitoring program microplastics strategy.
Looking to determine microplastics pollution in the San
Francisco Bay.
Relevance to the District
1) If new or rnodified source status is triggered for the
furnace, CCCSD would be required to install TBACT to
reduce toxic air contaminants.
1) Staff time is utiiized to conduct inspections, repairs, and
reports.
2) Limitation on the use ofthe soil cap area. Large
remediation cost added to any expansion into soil cap
area.
3) CCCSD is required to ensure compliance with current
hazardous material regulations when/if soll cap area is
ever excavated.
1) CA Cornprehensive Microbead Ban in consumer
products.
2) SFEI Poster at State of the Estuary Conf showing results
of preliminary survey in Bay Area wastewater effluent
and surface waters.
3) Bay Area POTWs w/ filtration have similar Ievels of
microplastics in their effluent as facilities w/out
filtration.
4) Control at the source — how do we do this?
Current Status
Next Steps
Will not impact District's operations unless a new or Staff will attend pub?ic hea ring in December 2016.
modified source status is triggered.
1) Complete monthly and quarterly inspections,
necessary repairs, and reports as needed.
2) Coordinate with Capital Projects on Treatment
Plant projects. Provide proper notification and
follow-up report to DTSC on any Treatment Plant
excavation projects.
3) DTSC no Ionger performs annual inspections
because District has been in full compliance with
internal inspection requirements.
1) Governor signed bill lO/1S-
Z> Manufacturers must comply by 2020.
3) BACWA met with Feinstein's staff to discuss
increased funding to study issue through SFEI.
Regulatory Updates - List of Significant Issues
Continue to maintain the integrity of the soil cap by
conducting routine inspections and making necessary
repairs.
1) BACWA working w/ SFEI to better understand the
issue.
2) Participate in future studies.
3) 2016 SFEI Draft Strategy — scope and cost to be
refined.
CEC-2
HHW-1
(NEW)
HHW-2
(NEW)
NPDES-1
Subject
Pesticides
The current EPA Office of Pesticide Programs (OPP) new
registration and registration review processes for
pesticides does not take into account the POTW pathway
in evaluating fate and transport of pesticides to
waterways. As a result, pesticides are being registered for
indoor uses that result in discharges to POTWs.
The Lead -Acid Battery Recycling Act of 2016.
(AB 2153, CA Leg.)
Bill requires an advance recycling fee of $1 per Iead-acid
(auto) battery at the time of purchase in order to fund
proper battery disposal and recycling efforts. The fee will
increase to $2 per battery in April 2022.
Automotive Repair: Oil Changes:
Notification to Customers.
(SB 778, CA Leg.)
The bill would require an automotive repair dealer or an
autornotive maintenance provider performing oiI change
services to use the manufacturer's published oiI dram
schedule when recommending an oil change to a
customer.
Treatment Plant Discharge Permit
page/4
Relevance to the District
1) Pesticides of emerging concern (Fipronil and
Pyrethroids, in particular) are being detected in the
infiuent and effluent of POTWs, including CCCSD.
2) This is a concern both due to the potential for future
303(d) listings ofthese pesticides in SF Bay and due their
potential to contribute to toxicity, in light of the State's
efforts to develop and implement a statewide Toxicity
Currently, the lead -acid batteries the HHW Program collects
are a source of revenue that offset some of the costof
waste management. This new bill should reduce the number
lead -acid batteries received by the HHW program, which
could reduce overall costs. Retailers will be required to take
these batteries back.
1) If enacted, the hill would help reduce unnecessary oil
changes by recommending the manufacturers service
schedule, instead of using an industry standard of 3,500
miles.
2) A reduction in the amount of used motor oil generated
by "Do-it-Yourselfer's" may also occur.
1) Permits discharge oftreated effluent into the Bay.
2) Monitoring and Reporting required; enforceable limits.
1)
2)
Current Status
BAppG'sPesticide Worheroupis
continuing to raise wastewater considerations and
provide comment letters on registration and
reregistration decisions by both EPA OPP's and the
California Department of Pesticide Regulations'
processes to consider fate and transport through
POTWs. This work is being coordinated with
NACWA's Emerging Contaminants Workgroup.
CASA's Statewide Pesticides Steering Committee,
which 15 managing the work of consultant Larry
VVa|ker& Associates (LWA), is focused on
evaluating and commenting on Central Valley
Water Board (Region V) pesticide actions,
including the BPA and TMDL for pyrethroid
pesticides, and for water quality criteria
development for fipronil by UC Davis.
This bill was chaptered September 2016.
This hill was vetoed by the Governor on 9/30/16 and
remains in Senate pending consideration.
1) Expires 3/31/17.
2) New permit expected 4/17.
3) Submitted ROWD by the 9/30/16 deadline.
4) Expected draft administrative order in January
2017.
Regulatory Updates - List of Significant Issues
Next Steps
1) Central Val!ey Regional Board (CVRB) hearing set for
Feb 2017. Board to hear public comments on
Amendment to the Water quality Control Plan for
Sacramento and San Joaquin River Basins for coritrol
of Pyrethroids Pesticide Discharges.
2) SWRCB hearing to consider adoption (of Pyrethroid
BPA and TMDL) scheduled for April 2017.
None
Watch and support as needed.
Review draft permit and provide comments to the
NPDES-2
NPDES-4
Subject
North SF Bay (NSFB) Selenium TMDL
Total maximum daily load ofl7 arforthe0strict-
Testmf Significant Toxicity (TST) (Draft State
Policy)
New statistical method to determine whether effluent 15
toxic.
c.
Federal Electronic Reporting Rule
Page 15
Relevance to the District
1) NSFBwas 3O3dlisted for Seinthe early 2OO8s
2) RVVO[Bstaff developed waste load allocation (WLA)for
CCCSD; set at current performance, with anticipation
that Ioads would be exceeded 50% of time
3) Selenlum Total Maximum Daily Load once a permit to
evaluate selenium Ioads to demonstrate consistent loads
with WLA
4) No enforceable mechanism; potential for WQBEL in
future
1) Policy that EPA and SWRCB support
2) Numeric limits for chronic toxicity
3) Use of TST as statistical method to determine chronic
toxicity
4) RVVCC8 Discretion on inclusion of acute toxicity in
permits and whether to allow for dilution (test whole
effluent at receiving water dilution)(recent internal draft
indicate allowance for dilution)
5) Testing frequency for CCCSD t from 1/0 to 1/M
1) Subrnit all NPDES reports electronically
2) Phased in over the next 5 years
3) CA already reports electronically, but must show federal
gov't that the system is compliant
1)
2)
3)
4)
5)
6)
Current Status
CCCSD submitted comments on WLA 9/8/15; Ioad
allocated to CCCSD did not account for current
method of analysis; Lori and Mary Lou discussed
this with RWOCB staif prior to commenting.
RWOCB staff reviewing cornments and making
revisions as appropriate.
Public Hearing l2/1A/15.
RWOCB Approved November 2015.
SWRC Approved March 2016.
EPA approved TMDL August 2016.
1) Draft issued 2012.
2) Revised Draft developed 2015, but not made
public.
3) Revised Draft shared with Regional Water Boards,
Fall 2016.
4) Revised Public Draft expected to be released early
2017 with adoption in summer of 2017.
5) BACWA worng with RWQCB to secure desired
outcome.
1) Effective 8/15 with r implementation
schedule broken into 2 phases:
2) Phase 1: Authorized NPDES programs required to
submit implementation plan to EPA by
I2/21/2016.
3) Phase 11 Electronic reporting of Sewage
Sludge/biosolids annual report, MS4 storm water
annual reports, Pre -Treatment reports etc.
Regulatory Updates - List of Significant Issues
Next Steps
CCCSD (Lori and Mary Lou) keeping apprised of any
potential issues that may arise due to new EPA criteria.
1) POTWs/BACWA to petition for reduced testing
frequency based on past performance (from 1/M to
1/0).
2) If TST becomes effective, CCCSD will train staif for
proficiency in chronic toxicity versus sending out if
have organism we can work with easily.
AaofNovember 2O26CAhas limited approval, Cross -
Media Electronic Reporting Rule (CROMERR) compliant,
and with the addition of a "simple Supplementary
statementbvthestateAttorneyGenena|"vviUqua|ifvas
"broadly applicable" aka: CROMERR compliant. No
NPDES-5
NPDES-6
Water -1
Subject
SF Bay Basin Plan Triennial Review
Waters of the US Rule (fed. reg.)
Rule would establish new standards to determine when
waters are subject to regulation under the Clean Water
Act. USEPA officially finalized the rule in 5/15 after
reviewing more than one million public comments.
Nutrient Watershed Permit
Regional permit directing POTWs to monitor and report
nutrient concentrations and loads; calls for regional effort
to evaluate potential nutrient discharge reductions by
treatment plant optimization, side -stream treatment,
treatment plant upgrades, or other means.
PCB and Hg Watershed Permit
Regional permit directing POTWs to monitor and reduce
Water -2
discharges of PCBs and Hg.
Page |G
Relevance to the District
RWQCB determines where updates need to be made to
Basin PIan and prioritizes where resources witi be used every
3 years.
CCCSD required to meet permit expectations; working with
BACWA, SFEI, Consultants, and others to meet permit
expectations.
1) Final Hg TMDL allocation (llkg/yr.) was reached within
the first five years of implementation; source control
activities were instrumental in meeting the TMDL
objective so rapidly.
2) PCB aggregate aUocation of 2.9kg/yr. was met as ofthe
last renewal.
Current Status
1) RWQCB approved the 2015 Triennial Review in
December 2015. Project ranking remains as in the
Staif Report issued 10/15. Resources will be
allocated to projects according to ranking shown
below:
2) Review and Refine Dissolved Oxygen Objectives
for San Francisco Bay (*CCCSD proponent of this
project along w/ BACWA, Palo Alto, Santa Clara,
U.S- EPA, and SFPUC)
3) Climate Change and Water Resources Policy
4) Develop Numeric Nutrient Endpoints (NNEs) in
Freshwater Streams and Estuaries
5) Develop Nutrient Water Quality Objectives for San
Francisco Bay Estuaries
6) Using Wastewater to Create, Restore, and
Enhance Wetlands
7) Lake Merced Dissolved Oxygen and pH Objectives
(this project can only be accomplished with
additional resources).
10/9/15 U.S. Court of Appeals for the 6th Circuit
Next Steps
CCCSD to stay current on issues related to RWQCB's
progress on priority issues.
CASA tracking the status of litigation pertaining to this rule
issued an order temporarily blocking implementation. as well as any related federal legislative efforts.
In limbo the courls will decide if EPA and Army Corps
have followed the directions Iaid out by the U.S.
Supreme Court.
1) First annual report submitted in November 2015
(group report; extension received from 10/1/15
deadline in permit
2) Second annual report submitted in October 2016
3) Expires 6/30/19; Renewal 12/30/18
4) Nutrient Watershed Permit Plant Optimization
Study drafts completed for 17/37 plants
Expires 12/31/17
Regulatory Updates - List of Significant Issues
Continue to work with BACWA, SFEI, Consultantsand
others to meet permit expectations.
1) Continue to comply with permit requirements.
2) Renewal activities TBD may include:
a. Support BACWA's proposal to reduce
monitoring.
b. Comment on the planned recalculation of the
POTW Ioad allocation as needed.
Water -3
Water -4
Water -5
(NEW)
Water -6
Subject
Federal Dental Amalgam Rule
Municipal Regional (Stormwater) Permit
(MRP)
Environmental Laboratory Accreditation
Program (ELAP)
The Environmental Laboratory Accreditation Program is
in the process of updating its laboratory accreditation
standard.
RWQCB Order No. 96-011
Regional recycled water permit for the San Francisco Bay
Area.
Page 17
Relevance to the District
1) EPA Proposed Rule 10/14.
2) Proposed Rule creates new category — Dental Industrial
User (DIU).
3) Proposed Rule provision to convert non-compliant DIU
to Significant Industrial User, requiring full oversight by
CCCSD.
4) CCCSD has a mandatory amalgam separator program in
place.
1) Environmental Compliance conduct inspections under
interagency service agreement with Contra Costa Clean
Water Program (CWP) to support 10 cities in CCCSD
service area; support administrative work of agreement
for Delta Diablo and WCWD for their services.
2) RWQCB views services as valuable watershed protection
strategy.
3) Services provided using billable hours that include
charging for the CCCSD approved overhead rate.
The District maintains laboratory accreditation for NPDES
self-monitoring and will be held to the new accreditation
standard. Many ofthe requirements within the Standard do
not improve the quality of data while adding a significant
amount of documentation.
1) The permit comprises CCCSD's Treatment Plant, Filter
Plant, and Zone 1 customers.
2) CCCSD's residential fill station and truck fill stations.
1)
2)
3)
4)
1)
2)
Current Status
NACWA, CASA and BACWA commented on
proposed rule in February 2015.
EPA communicated with NACWA workgroup to
review comments; EPA indicated intent to modify
rule to address certain comments regarding
impacts to Iocal agencies.
Final Rule sent to Office of Management and
Budget in September 2016.
EPA targeting December 2016 to adopt Final Rule.
Reissued MRP adopted 11/18/15.
Services under agreement used to comply with
updated standards for trash management (during
inspections), mobile cleaners, facilities subject to
the lndustrial General Permit, and identifying
potential PCB sources.
October 6, 2016 State Water Resources Control Board
Public Workshop
1) Recommendation for Laboratory Standard.
ELAP's preliminary recommendation on
1O/6/2O1Gwas touse the NELACInstitute
(TNI) 2016 accreditation standard for the state
of CA.
2) SVVR[Badvised ELAP staff to work with Iabs to
develop list of "minus" provision so that the
task of complying with the standard is not so
onerous.
3) Three year implementation is planned.
4) Staff attended ISO 17025 audit training for TN1
October 2016.
BAAQMD and CCCSD commented on draft regulation
Fall 2016
Regulatory Updates - List of Significant Issues
Next Steps
1) Continue to monitor adoption process.
2) Contents of final rule not known; range of impact to
CCCSD's current mandatory amaigam separator
program from negligible to significant.
Continue to work with CWP to modify level of service to
help cities comply with certain MRP elements.
1) Participate through the Environmental
Laboratory Technical Advisory Committee (ELTAC) and
BACWA to remove standards that are
irrelevant/unnecessary for the operation of a POTW
|aboretory.
2) Participate ELAP/SWRCB meetings.
3) Staff are working to implement portions of the
standard that make sense to Iessen the burden when
Standard becomes effective.
4) ELAP to prepare the DRAFT text for regulation by Jan
2017.
5) Final adoption is anticipated in end of 2017.
Working with Contra Costa Water District on a potential