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Home My WebLink About05.c. Receive annual update on regulatory compliance Page 1 of 11 Item 5.c. CENTRAL SAN February 8, 2021 TO: REAL ESTATE, ENVIRONMENTAL AND PLANNING COMMITTEE FROM: LORI SCHECTEL, ENVIRONMENTALAND REGULATORY COMPLIANCE DIVISION MANAGER REVIEWED BY: JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES ROGER S. BAILEY, GENERAL MANAGER SUBJECT: RECEIVE ANNUAL UPDATE ON REGULATORY COMPLIANCE Attached is the presentation for Regulatory Compliance's annual update. Strategic Plan Tie-In GOAL TWO: Environmental Stewardship Strategy 1—Achieve 100% compliance in all regulations, Strategy 2—Anticipate and prepare for potential regulatory changes ATTACHMENTS: 1. Presentation February 8, 2021 REEP Committee Meeting Agenda Packet- Page 24 of 38 Page 2 of 11 �a)N ANNUAL REGULATORY UPDATES February 8, 2021 Real Estate, Environmental and Planning Committee Meeting Ilia Lori Schectel -'_ Environmental and Regulatory Compliance Division Manager SIGNIFICANT REGULATORY UPDATES Air Soil Wastewater Contaminants of Emerging Concern (CEC) 'lz CENTRALSAN 1 February 8, 2021 REEP Committee Meeting Agenda Packet- Page 25 of 38 Page 3 of 11 AIR-RELATED UPDATES Clean Air Act Section 129 Sewage Sludge Incinerator Regulations • Emissions limits • Enhanced visible emissions limits from ash handling • Operator training • Annual source tests • Minimum operating limits • Bypass prohibition • Two furnace bypass events in 2020 s'. BAY AREA AIR QUALITY Title V Compliance MANAGEMENT DiSTRICf • Bay Area Air Quality Management District(BAAQMD) issued Permit-to-Operate for Sludge Loading Facility Improvement Project • Three Reportable Compliance Activities in 2020 • No violations in 2020 3 CENTRALSAN AIR-RELATED UPDATES Assembly Bill (AB) 32: Global Warming Solutions Act of 2006 • Cap and Trade program inclusion threshold: 25,000 metric tons of carbon dioxide equivalent(MT CO2e) • Estimated 2020 anthropogenic emissions: 24,007 MT COZe • Projected calendar year 2021 anthropogenic emissions: approximately 24,000 MT CO2e Climate Change Adaptation • State Water Board is planning to release a data request on climate change planning to publicly-owned treatment works (POTWs)in early 2021 r!4 CENTRALSAN 2 February 8, 2021 REEP Committee Meeting Agenda Packet- Page 26 of 38 Page 4 of 11 AIR-RELATED UPDATES BAAQMD Rule 11-18: Reduction of Risk from Air Toxic Emissions at Existing Facilities • Facilities with incremental cancer risk>10 in a million and acute/chronic hazard indices >1 will be required to: • Reduce facility incremental risk below trigger thresholds • Add Best Available Retrofit Control Technologies for Toxics (TBARCT)to any single source with an incremental cancer risk>1 in a million • 5-year implementation for risk reduction measures • Completed internal baseline health risk and assessed risk reduction strategies for treatment plant • BAAQMD plans to begin Health Risk Assessments(HRAs)for POTWs in 2021-2023 _ O Cd CI's6umtlf•ne N g� H3C�H �. ONE Acetaldehyde LEAD Formaldehyde 5 CENTRAL SAN AIR-RELATED UPDATES AB 617: Non-Vehicular Air Pollution: Criteria Air Pollutants and Toxic Air Contaminants • Requires California Air Resources Board (CARB)to develop statewide strategy to community air monitoring, reporting, and local emissions reduction programs • Enhanced air monitoring in high-risk communities(currently West Oakland and Richmond-San Pablo) • In October 2020,Air Districts provided annual reports for first-year communities selected for community emissions reduction programs • Early 2021 and annually thereafter,Air Districts will adopt community emissions reductions programs • By September 2023, CARB will update the statewide strategy CENTRALSAN 3 February 8, 2021 REEP Committee Meeting Agenda Packet- Page 27 of 38 Page 5 of 11 AIR-RELATED UPDATES Proposed Amendments to Criteria Pollutant and Air Toxics Emissions Reporting Regulations (CTR)and Emissions Inventory Criteria and Guidelines(EICG) • Reduce toxic air emissions and streamline toxic emissions estimates • Expand the number of reported compounds from about 200 to over 10,000 • Continue annual reporting to BAAQMD • In 2021, CARB to specify timeframe for each waste sector to detect and quantify toxic air contaminants and develop an industry-specific short list of compounds • California Association of Sanitation Agencies(CASA)plans to implement a required statewide pooled emission testing program for POTWs by 2026 E 7 ,. CENTRAL SAN AIR-RELATED UPDATES Senate Bill (SB) 1383: Short-Lived Climate Pollutants(SLCP): Organic Waste Methane Emissions Reductions • Adopted November 2020 • Effective 2022 • Mandates statewide diversion of organic material • Landfills will no longer be a sustainable disposal method for biosolids • Diverted biosolids must be anaerobically digested and/or composted to qualify as landfill reduction • Incineration is considered a landfill disposal method for accounting purposes unless it's proven to CalRecycle that the technology constitutes a permanent reduction of landfill disposal � a 4 February 8, 2021 REEP Committee Meeting Agenda Packet- Page 28 of 38 Page 6 of 11 CEC-RELATED UPDATES Per-and polyfluoroalkyl substances (PFAS) • San Francisco Estuary Institute(SFEI)moved Perfluorooctane sulfonate (PFOS)and perfluorooctanoic acid (PFOA)to the moderate concern category in its CEC strategy • State of California released a phased investigative order with POTWs in phase 2 • Region 2 carved out their own study separate from the State Order • Environmental Protection Agency(EPA)expressing interest to monitor PFAS in National Pollutant Discharge Elimination System (NPDES)permits s111VIP� 5i' LJ RafICAC6 sTIJR gesisRM RROWCT wxn �® Rr�s�c•iPO°Oxa 9 _ __ �� co•iwus CEC-RELATED UPDATES Microplastics • State Board adopted definition of microplastics in drinking water (does not apply to wastewater) • Ocean Protection Council sponsored seminars in 2020 to discuss analysis, reporting, and design of studies • Central San is providing limited funding for microplastics manuscripts through the Regional Monitoring Program to be published in 2021-2022 r •� CENTRAL SAN 5 February 8, 2021 REEP Committee Meeting Agenda Packet- Page 29 of 38 Page 7 of 11 CEC RELATED UPDATES _- SB 212: Pharmaceutical and Sharps Take-Back(2018) • CalRecycle developed regulations under SB 212; effective January 7, 2021 • Requires manufacturers of pharmaceutical drugs and sharps to establish,fund, and manage a statewide take-back system for medications and sharps • The program will likely be managed by MED-Project,which currently operates the majority of city and county collection programs in the state, including Contra Costa's • Improvement to Contra Costa's current pharmaceutical program will be the collection of sharps CENTRALSAN CEC-RELATED UPDATES F-® Pesticides/Surfactants • Regional Monitoring Program data collection effort for ethoxylated surfactants • Sampling in 2019 at POTWs and bay margins •� • Results of study to aid in development of a monitoring and management strategy • Bay Area Clean Water Agencies(BACWA)to work with veterinary associations on flea and tick control alternatives messaging Personal Care/Household Products • Regional Monitoring Program data collection effort for sunscreens and bisphenols • Screening level study • Sampling in 2020 at POTWs and bay margins iz 6 February 8, 2021 REEP Committee Meeting Agenda Packet- Page 30 of 38 Page 8 of 11 a ,Fow�,a NPDE -RELATED UPDATES WATER BOARDS NPDES Treatment Plant Discharge Permit • Current permit expires May 31, 2022 • Submit permit renewal application by September 3,2021 Mercury and Polychlorinated Biphenyls (PCB)Watershed Permit • Expires December 31,2022 • Monitor and reduce PCBs and mercury based on Total Maximum Daily Loads (TMDL) • Continue to comply with permit requirements 13 CENTRALSAN N P D ES-RELATED UPDATES State Toxicity Provisions-Test of Significant Toxicity(TST) • Pending Office of Administrative Law approval Spring 2021 • Statistical test • Numeric chronic toxicity limits • Regional Board may reduce monitoring frequency from current requirements • Eliminate acute toxicity testing requirements • To go into effect upon treatment plant permit renewals r!14 CENTRALSAN 7 February 8, 2021 REEP Committee Meeting Agenda Packet- Page 31 of 38 Page 9 of 11 NPDES-RELATED UPDATES San Francisco Bay Nutrient Watershed Permit • Second Nutrient Watershed Permit in effect since July 1, 2019 • Expires in 2024 • For fiscal year 2020, BACWA contributed the required $2.2 Million • Regional Board shared its vision of the third permit • BACWA is developing its strategy and key tenets for the third Nutrient Watershed Permit N-ot,,- � 15 CENTRALSAN WASTEWATER-RELATED UPDATES Sanitary Sewer Systems (SSS)Waste Discharge Requirements(WDR) • State Water Board plans to reissue the SSS WDR in 2021 • State Water Board identified potential areas to be addressed: • Reporting of private sewer lateral spills • Improvement of California Integrated Water Quality System (CIWQS)data quality • Updated Sanitary Sewer Management Plans that are more enforceable • Resilience against natural disasters and climate change and the creation of a resilience action plan • Exfiltration—to be determined L6 CENTRALSAN 8 February 8, 2021 REEP Committee Meeting Agenda Packet- Page 32 of 38 Page 10 of 11 WASTEWATER-RELATED UPDATES Federal Dental Amalgam Rule • Dental amalgam separators required by July 2020 7 • New category—Dental Industrial User(DIU) • POTWs to collect one-time certifications from dental I offices • Most dental practices in Central San service area submitted one-time dental amalgram separator certification forms by October 2020 � v WASTEWATER-RELATED UPDATES Cannabis Grow Operations • State Water Board adopted General Order with a focus on water rights and water quality(effective 2017) • Concord allowing cannabis grow operations • Coordinate with cities to ensure proper oversight and permitting • Manufacturing operations started in Concord with nominal process discharges • Received one inquiry for a grow operation in Concord 10764 is CENTRAL SAN 9 February 8, 2021 REEP Committee Meeting Agenda Packet- Page 33 of 38 Page 11 of 11 RECYCLED WATER-RELATED UPDATES Regional Water Quality Control Board (RWQCB) Recycled Water General Order No.96-011 • San Francisco Bay regional recycled water permit no longer in effect • Transitioned to the State General Order in April 2020 State Water Resources Control Board (SWQCB) Recycled Water State General Order • More onerous requirements than previous RWQCB General Order No. 96-011 • Impacts new or expanded recycled water projects � 19 CENTRALSAN t - 10 February 8, 2021 REEP Committee Meeting Agenda Packet- Page 34 of 38