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HomeMy WebLinkAbout05. (Handout) Revised List of Significant IssuesAIR -1 AIR -2 Subject 129 Sewage Sludge Incinerator Regulations Effective March 21, 2016, the 129 Sewage Sludge Incinerator (551) regulations established new reporting, operating and emission limits for NOx, CO, S02, 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 Operator Training Program with annual refresher training and certification 4) Annual compliance source testing 5) Use of bypass damper allowable in certain circumstances, e.g. prevent foss of life, personal injury, or severe property damage, though must be reported. Breakdown relief may be granted. I _. 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 (GARB). 1) Required reductions for the State of California a) Reduce to 1990 emissions levels by 2020 b) Reduce to 40% below 1990 emissions levels by 2030 c) Reduce to 80% below 1990 emissions levels 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 or trade by CARB Central Contra Costa Sanitary District Regulatory Updates - List of Significant Issues November 22, 2016 Relevance to the District 1) Annual source testing is required to demonstrate compliance and is approximately $120-140k per year, not including staff time. 2) Potential for more frequent Reportable Compliance Activities. Increased risk for violations with new emission limits. 3) Four additional process parameters as compliance monitors. The new minimum operating limits may reduce operational flexibility. 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 limits. 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: 23,142 MT COze. 4) Projected calendar year 2016 anthropogenic emissions below 24,000 MT COze. Item 5. (Committee Handout) 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 limits 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 Title V is a 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 documents are certified by "responsible official". 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 last 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 (GARB) 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 11-18 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 BAAQMD 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) Dual permit action for any significant changes: a) Title V Permit b) BAAQMD annual Permit -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. Current Status 1) Regulatory Compliance staff works closely with Operations staff to 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-annual, and annual) to BAAQMD. 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) Eight portable diesel engines in District Fleet were not 1) EPA Tier 4 certified as of November 2016: once replaced, will become Tier 4. 2) Increased equipment budget to replace these engines. 2) 1) Treatment plant facility risk is likely > 10 in a million. 2) Only 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 Plan. 1) New definition of particulate matter includes condensable particulates. This can significantly increase furnace's particulate matter emissions over baseline emissions. 2) If new or modified source status is triggered for the furnace, CCCSD would be required to install SACT for PM2.5. 3) Two portable diesel engines at the Treatment Plant have been taken out -of -service and replaced with portable diesel engines < 50 hp. One portable diesel engine at Orinda Crossroads Pumping Station will be taken out -of -service and/or replaced by January 1, 2017. Two diesel engines at CSO will be taken out -of - service and/or replaced by January 1, 2017. 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). 3) Determine baseline health risks for treatment plant. 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 implement Toxic Best Available Control Technology (TRACT) 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 on Basin A South and Surcharge fill area. The agreement requires periodic inspections and repairs as needed. Reporting requirements include semi-annual, 5 - 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. Page 1 3 Relevance to the District If new or modified source status is triggered for the furnace, CCCSD would be required to install TBACT to reduce toxic air contaminants. 1) Staff time is utilized to conduct inspections, repairs, and reports. 2) Limitation on the use of the 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 soil cap area is ever excavated. 1) CA Comprehensive 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 levels 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 public hearing in December 2016. modified source status is triggered. 1) 2) 3) 1) 2) 3) Complete monthly and quarterly inspections, necessary repairs, and reports as needed. Coordinate with Capital Projects on Treatment Plant projects. Provide proper notification and follow-up report to DTSC on any Treatment Plant excavation projects. DTSC no longer performs annual inspections because District has been in full compliance with internal inspection requirements. Governor signed bill 10/15. Manufacturers must comply by 2020. 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. j 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. Subject CEC-2 HHW-1 (NEW) HHW-2 (NEW) NPDES-1 Pesticides Relevance to the District 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 lead -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 automotive maintenance provider performing oil change services to use the manufacturer's published oil drain schedule when recommending an oil change to a customer. Treatment Plant Discharge Permit Page 1 4 1) Pesticides of emerging concern (Fipronil and Pyrethroids, in particular) are being detected in the influent and effluent of POTWs, including CCCSD. 2) This is a concern both due to the potential for future 303(d) listings of these 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 Plan. Currently, the lead -acid batteries the HHW Program collects are a source of revenue that offset some of the costs of 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 bill 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 of treated effluent into the Bay. 2) Monitoring and Reporting required; enforceable limits. Current Status 1) BACWA/BAPPG's Pesticide Workgroup is 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. 2) CASA's Statewide Pesticides Steering Committee, which is managing the work of consultant Larry Walker & 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 bill 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 Central Valley 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 control of Pyrethroids Pesticide Discharges. 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 RWQCB; meet with RWQCB staff to discuss. NPDES-2 Subject North SF Bay (NSFB) Selenium TMDL Total maximum daily load of 17.4kg/year for the District. Test of Significant Toxicity (TST) (Draft State Policy) New statistical method to determine whether effluent is NPDES-3 toxic. Federal Electronic Reporting Rule NPDES-4 Page 1 5 Relevance to the District 1) NSFB was 303d listed for Se in the early 2000s Current Status 2) RWQCB staff developed waste load allocation (WLA) for CCCSD; set at current performance, with anticipation that loads would be exceeded 50% of time 2) 3) Selenium Total Maximum Daily Load once a permit to evaluate selenium loads to demonstrate consistent loads 3) with WLA 4) 4) No enforceable mechanism; potential for WQBEL in 5) future 6) 1) 2) 3) Policy that EPA and SWRCB support 1) Numeric limits for chronic toxicity 2) Use of TST as statistical method to determine chronic toxicity 3) 4) RWQCB Discretion on inclusion of acute toxicity in permits and whether to allow for dilution (test whole 4) effluent at receiving water dilution)(recent internal draft indicate allowance for dilution) 5) 5) Testing frequency for CCCSD from 1/0 to 1/M 1) Submit all NPDES reports electronically 2) Phased in over the next 5 years 3) CA already reports electronically, but must show federal govt that the system is compliant 1) 2) CCCSD submitted comments on WLA 9/8/15; load allocated to CCCSD did not account for current method of analysis; Lori and Mary Lou discussed this with RWQCB staff prior to commenting. RWQCB staff reviewing comments and making revisions as appropriate. Public Hearing 11/18/15. RWQCB Approved November 2015. SWRC Approved - March 2016. EPA approved TMDL August 2016.. Draft issued 2012. Revised Draft developed 2015, but not made public. Revised Draft shared with Regional Water Boards, Fall 2016. Revised Public Draft expected to be released early 2017 with adoption in summer of 2017. BACWA working with RWCiCB to secure desired outcome. Effective 8/15 with five-year implementation schedule broken into 2 phases: Phase 1: Authorized NPDES programs required to submit implementation plan to EPA by 12/21/2016. Phase II 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 staff for proficiency in chronic toxicity versus sending out if have organism we can work with easily. As of November 2016 CA has limited approval, Cross - Media Electronic Reporting Rule (CROMERR) compliant, and with the addition of a "simple Supplementary statement by the state Attorney General" will qualify as "broadly applicable" aka: CROMERR compliant. No timeline available for statement by Attorney General. NPDES-5 NPDES-6 Water -1 Water -2 Subject Relevance to the District 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 RWQCB determines where updates need to be made to Basin Plan and prioritizes where resources will be used every 3 years. Regional permit directing POTWs to monitor and report nutrient concentrations and loads; calls for regional effort 1 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 discharges of PCBs and Hg. Page 1 6 1 2) Current Status RWQCB approved the 2015 Triennial Review in December 2015. Project ranking remains as in the Staff Report issued 10/15. Resources will be allocated to projects according to ranking shown below: 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). 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 allocation of 2.9kg/yr. was met as of the last renewal. Next Steps CCCSD to stay current on issues related to RWQCB's progress on priority issues. 10/9/15 U.S. Court of Appeals for the 6th Circuit 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 courts will decide if EPA and Army Corps have followed the directions laid 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, Consultants, and 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 load 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 (FLAP) 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 1 7 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. 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 of the 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. Current Status 1) NACWA, CASA and BACWA commented on proposed rule in February 2015. 2) EPA communicated with NACWA workgroup to review comments; EPA indicated intent to modify rule to address certain comments regarding impacts to local agencies. 3) Final Rule sent to Office of Management and Budget in September 2016. 4) EPA targeting December 2016 to adopt Final Rule. 1) Reissued MRP adopted 11/18/15. 2) Services under agreement used to comply with updated standards for trash management (during inspections), mobile cleaners, facilities subject to the Industrial 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 10/6/2016 was to use the NELAC Institute (TNI) 2016 accreditation standard for the state of CA. 2) SWRCB advised ELAP staff to work with labs 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 TNI October 2016. BACWA 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 amalgam 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 laboratory. 2) Participate ELAP/SWRCB meetings. 3) Staff are working to implement portions of the standard that make sense to lessen 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 0.5 MGD refinery project.