Water Quality Standards Regulation (9 VAC ) Rulemaking: Bacteria, Ammonia, Human Health and Aquatic Life Criteria

Introductions Purpose Triennial Review Status Issues Discussion and Wrap-Up Agenda:

Triennial Review Amendments Staff recommended not adopting: Bacteria Criteria (EPA 2012) FW Ammonia Criteria (EPA 2013) Human Health Criteria (for 8 compounds) Cadmium Adopted amendments currently under Executive Review (no time limit). Once Governor’s Office approves, 30-day notice is published. If 25+ people request an additional public comment period...then another comment period. Then amendments and rationale package go to EPA for approval/disapproval

NOIRA unnecessary as all issues were included in NOIRA for Triennial Review ‘Must Address’ Issues Bacteria Criteria FW Ammonia Criteria Human Health Criteria Issues Dependent on Release of EPA Criteria Documents Possible revision of freshwater Cd criteria Possible revision of freshwater Se criteria This Rulemaking

BEACH Act requires adoption of new bacteria criteria within 36 months of release by EPA (Oct. 2012) ‘‘(B) NEW OR REVISED CRITERIA AND STANDARDS.—Not later than 36 months after the date of publication by the Administrator of new or revised water quality criteria under section 304(a)(9), each State having coastal recreation waters shall adopt and submit to the Administrator new or revised water quality standards for the coastal recreation waters of the State for all pathogens and pathogen indicators to which the new or revised water quality criteria are applicable. ‘‘(2) FAILURE OF STATES TO ADOPT.— ‘‘(A) IN GENERAL.—If a State fails to adopt water quality criteria and standards in accordance with paragraph (1)(A) that are as protective of human health as the criteria for pathogens and pathogen indicators for coastal recreation waters published by the Administrator, the Administrator shall promptly propose regulations for the State setting forth revised or new water quality standards for pathogens and pathogen indicators described in paragraph (1)(A) for coastal recreation waters of the State.” Recreational Water Quality Criteria ‘Bacteria Criteria’

Final EPA criteria published 2013 Accounts for latest toxicity data for sensitive freshwater mussels and snails Criteria calculation is pH and temperature dependent Likely criteria application would be statewide due to ubiquitous presence of mussels Ammonia Criteria to Protect Freshwater Aquatic Life

Concerns over implementation costs, statewide impact on dischargers (esp. smaller plants in headwater areas), compliance schedule and other relief needed Need to coordinate issues of compliance with current (or future) nutrient limits and more stringent ammonia limits Issues Raised During TR NOPC

About 110 permittees discharging near transition or estuarine waters (2013 freshwater ammonia criteria not applicable)

EPA published updated HH criteria for 94 pollutants on June 29, 2015; list included the 8 parameters under consideration during TR Updated fish consumption rate, body weight, drinking water intake, health toxicity values, bioaccumulation factors, and relative source contributions Some values increased; some decreased Human Health Criteria

EPA gave notification Nov. 2015, of pending update to nationally recommended Cd criteria reflecting the latest scientific information Proposed Cd criterion withdrawn from TR to avoid confusion & potential for adoption of freshwater aquatic life criteria more restrictive than the pending federal recommendations without justification May consider in this rulemaking if final criteria released in time for proposal development Cadmium

Draft Se criterion published July 2015 May consider in this rulemaking if final criteria released in time for proposal development Selenium

2016 WQ STDS RULEMAKING TIMELINE JFMAMJJASONDJFMAMJJASONDJFMAMJJASOND 180 Days Includes Ad Hoc, Proposal Development, and go to Board Board Action --> DBP and Executive Review (Minimum 59 Days - 45 for DPB, 14 days for SNR, no time limit for Gov), 14 days for us to publish NOPC Comment Period 180 Days Board Action --> DPB and Executive Review (Minimum 21 days - 14 days for DPB and 7 for SNR, Gov has no time limit), 14 days to publish Final Stage Includes Final Publication, AGO Certification, EPA Approval, Effective Date Approx. time of Board meeting