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EPA Region IV and ADEM NPDES Permit Coordination

EPA Region IV and ADEM NPDES Permit Coordination. CMAA Annual Meeting May 28, 2015 Orange Beach, Alabama. Glenda Dean Alabama Department of Environmental Management. Presentation Overview.

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EPA Region IV and ADEM NPDES Permit Coordination

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  1. EPA Region IV and ADEM NPDES Permit Coordination CMAA Annual Meeting May 28, 2015 Orange Beach, Alabama Glenda Dean Alabama Department of Environmental Management adem.alabama.gov

  2. Presentation Overview • Discussion of the EPA and State NPDES permit coordination process and recent issues that in the future have the potential to significantly impact regulated entities

  3. 2008 ADEM / EPA Memorandum of Agreement • ADEM / EPA Memorandum of Agreement (MOA) Primary Sections are: • Review of New or Revised Rules, Regulations or Statutes • State and EPA Responsibilities • Permit Review and Issuances* • Compliance Monitoring and Evaluation Program • Enforcement • Pretreatment • Program Review * Permit Review Section based on Applicable Federal Regulations established at 40 CFR Parts 122 and 123

  4. Permit Review and Issuances • EPA “Draft” Permit Review • 30 Day Review Timeframe (General Permits 90 Days) • EPA may Extend Review to Full 90 Days • EPA may Provide Written Comments, Recommendations or Objection • If Interim Objection, EPA has 90 Days to provide Specific Grounds for Objection • If General Objection, EPA has Remainder of 90 Days to provide Specific Grounds for Objection

  5. 2008 ADEM / EPA Memorandum of Agreement • EPA “Proposed” Permit Review • EPA Review Waived Unless: • State proposes to issue a Permit Significantly Different from Draft Permit; • EPA has provided Objections to Draft Permit; • Significant Comments were Received During Public Hearing and/or Public Notice; or • Significant Issues were raised by a State which may be affected by the Discharge. • If any of the above, then EPA has 15 Days to Review the Proposed Permit, including Comments and Response to Comments, unless EPA Extends Review to Full 90 Days

  6. 2008 ADEM / EPA Memorandum of Agreement • General Objections to a “Draft” or “Proposed” Permit • Specific Grounds shall Include: • Reasons for Objection, Including Sections of CWA or Regulations; and • Actions that must be taken to Eliminate the Objection. • If State Fails to Either Request a Hearing on the EPA Objection or Resubmit a Revised Permit within 90 Days of Receipt of the Objection, then Exclusive Authority to Issue the Permit Passes to EPA for One Permit Term.

  7. Recent EPA Comments: Coal Mine Permits • Prior to Jan 2015, 90 Day Extension for Review of most Draft Coal Permits • EPA Comments/Recommendations focused primarily on: • Application Data • Effluent and/or In-Stream Sampling – Representative and Proximity to Drinking Water Intake(s) • Permit Conditions • Effluent and/or In-Stream Monitoring • Wet Limits (Acute vs. Chronic) • Adaptive Management Plans (AMPs) • In-Stream Biological-Based Limits • Specific Conductance (SC) / Total Dissolved Solids (TDS) Requirements

  8. Adaptive Management Plan (AMP) • Incorporates Best Management Practices (BMP)-Based Thresholds • Triggers for SC, WET, and In-Stream Biological-Based Limits Failures; and Corrective Action when Triggers are reached. • WET and In-Stream Biological-Based Limits would be Independent and Enforceable Conditions of the Permit Separate from the AMP

  9. EPA Rationale • EPA Interpretation/Protection of State Narrative Water Quality Standards • Reasonable Potential Analysis (RPA) for Narrative Standards • In-Stream Data for SC, TDS and Macroinvertebrate Data • WET Effluent Data

  10. Discussion Outcome • Discussions with EPA Resulted in: • AMP and Biological-Based Limits would not be required • Continue Current Effluent TDS and WET Monitoring Requirements • Continue RPA based on Application Data, Available In-Stream Water Quality Data • Add Sulfates to ADEM Trend Stations

  11. In Closing • On-going issue with Interpretation of State Narrative Quality Standards • In future will not be surprised if EPA revisits AMP and Biological-Based Limits • Appears EPA still considers SC a “Pollutant”

  12. Contact Information • Glenda Dean • Chief, Water Division • gld@adem.state.al.us • 334-271-7823 Jeff Kitchens Chief, SW Management Branch jwk@adem.state.al.us 334-271-7974 Catherine McNeil Chief, Mining and Natural Resource Section CMcNeil@adem.state.al.us 334-271-7835

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