Print 🖨

The Water Quality Advisory Work Group met to discuss program updates, rule updates, and permit updates.
 
Item 2. Program Updates
Thermal Strategy Update – Gregg Easley

  • Looking to send draft procedures to EPA in January, will re-present procedures to Work Group in July

 
Implementation Procedures Revisions – Peter Schaefer

  • Working to address EPA objections and new rules
  • De-chlorination requirements, supporting information for 316(b) rules, water standards updates, and other minor changes
  • Stakeholder meeting in January

 
Whole Effluent Toxicity and Reasonable Potential Determination – Michael Pfeil

  • WET section of the IPs is currently unapproved
  • Reasonable potential determination is the biggest hold up (40 CFR §122.44(d)(1)(v))
  • Reasonable Potential:
    • RP was not originally determined for WET during application process
    • A TRE was required for persistent significant lethality
    • At the end of a TRE a WET limit could be included in the permit
  • Sampling methodology in Texas is very different from federal methodology
  • Current standards, EPA is close to agreement:
    • Zero failures, standard 5 year permit
    • One or two failures, three year permit with monthly test on failure
    • Three or more failures, 5 year permit with WET limit, optional compliance period

 
Item 3. Rule Updates:
SB 709: Contested Case Hearing – Laurie Fleet

  • Related to contested case hearing process
  • Parties must make timely comments to be considered an “affected person” and must name an “affected person” in initial request for a hearing
  • Petitions must be complete and may contain only fact or mixed questions of fact and law
  • Record initially establishes prima facie validity of draft permit in question
  • Limits judge issuing position to no longer than 180 days

 
SB 912: Accidental Discharges and Spills Rule – Laurie Fleet

  • Allows single accidental discharges and spills to be reported in the monthly summary to TCEQ under certain conditions (100 gallons or less, doesn’t affect source of drinking water, is not a part of another discharge or spill, etc.)
  • Also requires standardized methods to calculate volume of spill

 
HB 1902: Graywater Reuse – Laurie Fleet

  • New regulatory program for alternative on-site water and gray water
  • Directs establishment of minimum usage requirements and ensures that usage does not harm human health
  • Stakeholder comment has been heard, in process of drafting rule
  • Allows adjustment of size of on-site sewage disposal system when used with gray water system, but TCEQ will not manage this

 
HB 2031: Marine Seawater Desalination – Laurie Fleet

  • Requires TCEQ develop expedited permitting process for treated marine seawater and waste water from the process
  • Permits <3 miles off shore must include public notice, public comment, opportunity for public meeting, and opportunity for contested case hearing
  • Permits >3 miles off shore only require public notice and comment
  • Permitting handled under TWC Chapter 26
  • Recommended discharge zones should be developed by 2018, TCEQ will need to draft rules in 2020 for usage of these zones
  • Until rules are made, persons wishing to expedite permit must discuss with Texas Parks and Wildlife before permit is submitted to TCEQ, TCEQ is only concerned that parties have consulted appropriate agencies
  • Stakeholder meeting was held on October 8th

 
Chapter 217 Rule Revisions Update – Laurie Fleet

  • Public comment period has ended, adoption scheduled for November

 
Steam Electric Power Generating Point Source Category (40 CFR 423) – Dex Dean

  • EPA is amending this provision which regulates discharges from steam electric point source category
  • Pre-publication version of final rule available on EPA website
  • Most changes will be implemented in re-issued permits, some draft permits may need to be overhauled after effective date
  • Upon next permit issuance, new limits on TSS, oil, and grease will be set, similar to other limits so should not be a surprise
  • New limits on facility discharge for arsenic, mercury, and other chemicals
  • New pre-treatment standards as well
  • Limits starting November 1, 2018

 
Cooling Water Intake Structures (CWA Section 316b) Update – Merrit McKelvy

  • Facilities not subject to specific sub parts of the rules have been voicing many objections, staff has been working to resolve these objections
  • Rule is much more comprehensive than it was before 2014, encourages facilities who use cooling water to come forward

 
Item 4. General Permit (GP) Updates:
Evaporation Pond GP Amendment – Laurie Fleet

  • Authorizes wastewater to be disposed of by evaporation in certain areas
  • Permitees authorized under previous permit will have expiration date extended to match current date

 
Aquaculture GP Renewal – Laurie Fleet

  • Authorizes certain types of discharge for aquaculture facilities
  • Public comment ends on November 16

 
Concrete Batch GP Renewal – Laurie Fleet

  • Current permit expires in November 2016
  • Draft permit currently with EPA

 
Pesticide GP Renewal – Laurie Fleet

  • Authorizes pesticide control for different types of plant and animal pesticides
  • Currently expires in November 2016, draft being worked on

 
Stormwater Multi-Sector General Permit Renewal – Lindsay Garza

  • Process began last year, EPA completed review this year and approval was received on the entire permit
  • Notice was published last Friday, now in the 30 public comment period
  • Public meeting will be held November 16