Nitrate and Salt Permitting Improvements Coming for the Central Valley Prepared by the Central Valley Salinity Coalition 2019

7/25/2019

The Challenge Nitrates and Salts threaten the long-term health of the people and economy in the Central Valley 7/25/2019

There is a Nitrate Problem in the Central Valley Nitrate Contamination in Groundwater Many small communities rely on groundwater for drinking water. Some communities can’t safely use groundwater for drinking water as nitrate levels present a potential for human health impacts. 7/25/2019

There is a Salt Problem in the Central Valley Salt Accumulations in the Central Valley 250,000 acres taken out of production 1.5 million acres are salinity impaired Potential direct annual costs up to $1.5 billion by 2030 Current management activities address 15% of the annual salt load. Long-term solutions are needed to address the remaining 85% In case you asked, these statics come from https://www.waterboards.ca.gov/centralvalley/water_issues/salinity/centralvalley_salinity_alternatives_archives/committees_of_cvsalts_leadership_grp/social_economic_impact_committee/sec_12may08_howitt_pres.pdf  7/25/2019

Existing Regulations for Nitrates and Salts Fall Short Central Valley Regional Water Quality Control Board regulates Nitrate and Salt discharges Compliance with current regulations is difficult and, in some areas, even impossible. New, updated, flexible regulations are needed. New, updated, flexible regulations are needed to address 1.Natural diversities - examples are climatic, hydrologic, geologic 2. Protect water quality 3. Maintain strong economy 7/25/2019

CV-SALTS A Valley-wide effort to address salts and nitrate 7/25/2019

What is CV-SALTS? Central Valley Salinity Alternatives for Long-Term Sustainability Collective effort to address water quality Central Valley Salinity Coalition formed to fund studies Coalition of Agriculture, city, and industry dischargers Community and environmental interests Regulators Began in 2006 started in 2006 comprised of agriculture, city, and industry dischargers, community and environmental interests, and regulators. 7/25/2019

CV-SALTS Goals Provide Safe Drinking Water Supplies Short-term and long-term solutions Reduce Nitrate and Salt Impacts to Water Supplies Restore Groundwater Quality Where reasonable and feasible 7/25/2019

The CV-SALTS Process 2006 to 2017 2017 and 2018 Scientific and technical studies New regulatory approaches developed for nitrates & salts 2017 and 2018 Salt and Nitrate Management Plan (SNMP) proposes new regulatory approaches Basin Plan Amendment developed to include new regulatory approaches Central Valley Regional Water Control Board adopts Basin Plan Amendment with new Salt and Nitrate Control Program 7/25/2019

State Water Board Adoption Anticipated in 2019 Basin Plan Amendment to be adopted by the State Water Resources Control Board, estimated August 2019 Office of Administrative Law to approve the Basin Plan Amendment, estimated November 2019 U.S. Environmental Protection Agency (EPA) to approve surface water provisions of Basin Plan Amendment, estimated February 2020 After OAL approval = Begin implementing new groundwater actions for nitrate and salt After US EPA approval = Full implementation of Salt Control Plan 7/25/2019

Nitrate Control Program New approaches to provide safe drinking water and manage nitrates 7/25/2019

Nitrates in the Groundwater 150 years of prosperous human activity in the Central Valley Agriculture – irrigation, fertilizer use, manure Industry – manufacturing and processing facility wastewater Municipalities – wastewater treatment effluent, fertilizer use Rural Residents – leaking septic tanks, fertilizer use, and landfills  150 years of prosperous human activity in the Central Valley: 7/25/2019

Nitrates in the Groundwater High levels of nitrates in groundwater can result in negative health effects for people who drink the water  7/25/2019

Nitrate Control Implementation Priority 1 Area (Red) Notice to Comply within one year of Basin Plan amendments becoming effective Priority 2 Area (Orange) Notice to Comply within 2-4 years of Basin Plan amendments becoming effective Remaining Areas (Green) Implementation to be phased in at a later date 7/25/2019

Start with Priority 1 Basins DWR No. Goundwater Basin 5-22.11 Kaweah 5-22.03 Turlock 5-22.05 Chowchilla 5-22.13 Tule 5-22.02 Modesto 5-22.08 Kings The names of the Pilot MZs programs don’t match up with the names of the priority basins so it is confusing to me (Mary) – are they just in Turlock and Kings? Names: Turlock Groundwater Subbasin Alta Irrigation District and Kings River East GSA Pilot Management Zones are underway now in two basins: Turlock and Kings 7/25/2019

Priority 1 Example: Turlock Groundwater Basin Red areas: >10.0 mg/L as nitrogen Safe water standard: <10mg/L as nitrogen Ambient Nitrate Concentration in the Upper Zone Turlock Subbasin Management Zone 7/25/2019

Disadvantaged Communities Located in Priority Basins Goal 1: Provide safe drinking water in small, often disadvantaged, communities 7/25/2019

New Nitrate Control Program More flexible & locally focused Two options for compliance --- both include providing safe drinking water Individual permit action Form a Management Zone with other dischargers 7/25/2019

Option 2: New Management Zone Approach For Nitrates Exception from nitrate standard Must assure safe drinking water first Shared responsibility for implementation First, we’ll talk about Option 2, the formation of management zones, then we’ll loop back to option 1, individual permitting 7/25/2019

Management Zone Overview Locally led, Regional Water Board approved Cooperative effort among dischargers, local government, and communities Regional Water Board review at each deliverable Enforced through discharge permit provisions Timeline/Deliverables following Notice to Comply Preliminary Management Zone Proposal and Early Action Plan (9 months) Final Management Zone Proposal (6 months) Management Zone Implementation Plan (6 months) 7/25/2019

Priority 1 Basins: Now is the Time to Start Management Zone Formation Identify and convene potential leaders Discuss MZ boundaries Review materials developed by pilot MZs (available August 2019) Reach out to local government and disadvantaged community support organizations Priority 2 Areas: Extra 2 to 4 years – this was covered in an earlier slide If you don’t want to participate in a Management Zone….see Option 1 7/25/2019

Option 1: Individual Nitrate Permitting Requirements Assess nitrate impacts to shallow groundwater Categorize impact of discharge over 20-year horizon Prepare Early Action Plan Alternative Compliance Project - Cat. 4 or 5 discharge Regional Water Board evaluation & approval Assess nitrate impacts to shallow groundwater Categorize impact of discharge over 20-year horizon – There are 5 categories, how is the categorizing done? Prepare Early Action Plan – Do we need to describe “if applicable” and what it means? Alternative Compliance Project – Category 4 or 5 discharge – Do we need this detail? If so, we need notes here to explain what it means. From page A2-16 https://www.cvsalinity.org/docs/committee-document/technical-advisory-docs/conceptual-model-development/3671-a-2-nitrate-permitting-strategy/file.html Category 4 ‐ Degradation Above 75% of the Water Quality Objective Category, or Receiving Water Quality is at 50% of the Water Quality Objective and the Discharge(s) Occur in a Basin where Concentrations in the Volume‐weighted Average of the Upper Zone Exceeds the Acceptable Annual Increase. Category 5 ‐ Discharge Above Objective and No Available Assimilative Capacity: Discharges that exceed the water quality objective for nitrate, and where the receiving water has no available assimilative capacity, will be considered to be part of this category. Discharges in this category will need to seek an exception pursuant to the Exceptions Policy under the SNMP. 7/25/2019

Management Zones Collaborative Approach for Nitrates Compliance 7/25/2019

What is a Management Zone? Defined area – for nitrate compliance Collective implementation – for safe drinking water Discharger cooperative – to control nitrates Near-term: best practicable treatment or control Long-term: achieve balance and restore groundwater, where feasible Defined area – a discrete regulatory compliance unit for nitrates into groundwater Collective implementation – for ensuring nitrate impacted users of groundwater have safe water Discharger cooperative – for management plan to control nitrates into groundwater Near-term: best practicable treatment or control Long-term: achieve balance and restore groundwater, where feasible 7/25/2019

Management Zone Authority Regulatory alternative for dischargers that choose this option Alternative compliance for nitrate water quality objective Contractual agreement among dischargers May be a local agency, but not necessary Regional Board ensures implementation through waste discharge requirements (WDRs) 7/25/2019

Management Zone Formation Locally Led – Regional Water Board Approved Permitted dischargers work cooperatively to prepare proposal for a Management Zone Submit preliminary and final proposals to Regional Water Board for approval Speaking Points for Bullet #1: 1) Identify specific geographic area/boundaries 2) Identify other permitted dischargers within geographic area Speaking Point for Bullet #2 There will be a minimum 30-days for public comment on the preliminary and final proposals 7/25/2019

Management Zone Regulatory Timeline Priority 1 Areas Notice to Comply Within 1 year of effective date (expected within 6 months, Spring 2020) & Early Action Plan Preliminary Management Zone Proposal 270 days Begin implementation within 60 days Staff Review & Public Comment Final Management Zone Proposal 180 days Staff Review & Public Comment Dischargers Regional Board Management Zone Implementation Plan 180 days Durations TBD Public Review & Board Adoption 7/25/2019

Management Zone Regulatory Timeline Priority 1 Areas 2020 2021 2022 Notice to Comply Within 1 year of effective date (expected within 6 months, Spring 2020) & Early Action Plan Preliminary Management Zone Proposal 270 days Begin implementation within 60 days Staff Review & Public Comment Final Management Zone Proposal 180 days Staff Review & Public Comment Adjust as needed if schedule changes. Dischargers Regional Board Management Zone Implementation Plan 180 days Durations TBD Public Review & Board Adoption 7/25/2019

Management Zone Implementation Plan Content Requirements Drinking water needs Time to achieve balance and restoration Plan for establishing managed restoration Community collaboration Funding and cost share agreements Nitrate management activities Water quality characterization & nitrate management measures Projects Short-term (<20 years) Long-term (>20 years) Milestones and implementation schedule Participant responsibilities Surveillance and monitoring This slide is still too much of a jumble of ideas and misaligned grammar. Where can we find a list of items required for a MZ Implementation Plan to help simplify and tighten this slide? 7/25/2019

Who Should Join a Management Zone? Permitted dischargers that cannot comply with current nitrate limitations to protect groundwater Permitted dischargers that value collaborating for prioritizing nitrate control strategies and costs Local city and county governments representing communities with drinking water needs due to nitrate Local water agencies and other agencies managing groundwater such as GSAs Why don’t we list ILRPs and IRWM regions and irrigations districts here? They are on slide 33 so seems like they should be here too? 7/25/2019

Benefits & Results of Joining Management Zone Ensures safe drinking water supplies to your community, where needed Shares costs of nitrate management Locally manages nitrate problems Applies local knowledge to implement nitrate reduction actions Supports a vision that manages nitrate for a viable local economy and community 7/25/2019

GSA’s Role in Management Zones Shared interest in local management GSA primary focus on quantity, but must address quality impacts MZ primary focus on nitrate impacts, especially Disadvantaged Communities GSA and MZ may fit together well Other groups may help coordinate a MZ Other groups for the last bullet might include: ILRP coalitions, IRWM regions, irrigation districts, counties, cities 7/25/2019

Pilot Management Zones Two Pilot Management Zones underway in Turlock and Fresno/Tulare

Two Pilot Management Zone Formations are Underway Turlock Groundwater Subbasin Stanislaus and Merced Counties Alta Irrigation District and Kings River East GSA Fresno and Tulare Counties Both developing draft Management Zone proposals Management Zone boundaries and initial participants Initial mapping of nitrate levels Identification of water supplies exceeding nitrate objective Early Action Plan 7/25/2019

Pilot Management Zones No templates exist for development of a MZ Two pilot MZs are grant funded Grant deliverables Preliminary Management Zone Proposals that include Early Action Plans Templates for use by future developers of Management Zones 7/25/2019

What Does a Preliminary Pilot MZ Proposal Include? Proposed preliminary boundaries Participants and dischargers Initial assessment of groundwater conditions Current treatment and control efforts Initial identification of public water supplies or domestic wells with nitrate concentrations exceeding water quality objective Early Action Plan that addresses drinking water needs 7/25/2019

Salinity Control Program Improved strategies for managing salts across the Central Valley 7/25/2019

Impacts of Salt Accumulation High salt levels in streams, soils and groundwater can Pollute soil - no longer grow crops Make water supplies unusable for certain uses Cause taste problems in drinking water Increase corrosion and damage equipment Change aquatic habitats 7/25/2019

Salt Control Program Goals Control rate of degradation through “managed degradation” Prevent continued impacts to salt sensitive areas Achieve long-term sustainability Protect beneficial uses of water Additional speaking points for “Protect beneficial uses of water”: - Maintain water quality that meets applicable water quality objectives - Pursue long-term managed restoration where reasonable, feasible and practicable - Apply appropriate antidegradation requirements for high quality water 7/25/2019

Salt Control Program State Board, Office of Administrative Law and U.S. EPA consider adoption of Salt Control Program Approvals expected in 2019/2020 Long-term strategy = Priority & Optimization Study (P&O Study) Short-term strategy = Interim Permitting Approach After approvals, Notices to Comply will be issued by Regional Water Board (expected in 2020) 7/25/2019

Long-Term Salinity Management P&O Study Identify salt management projects and actions to achieve salt sustainability in the Central Valley Analyze existing conditions, policies, engineering alternatives Consider a phased approach and funding options Approx. 10 years to complete at a cost of $10 to $15 million Build on prior salinity studies Third bullet - What is being phased? 7/25/2019

Short-Term Salinity Management Interim Permitting Approach Continued implementation of existing pollution prevention, watershed, and salt reduction plans Continuation of current salinity discharge levels Compliance with Interim Permit Limits, as applicable Implementation of salinity management practices and source control activities Monitoring of salinity discharge activities, where required Required participation in P&O Study or face compliance with stringent water quality limitations These are possible actions under the Interim Permitting Approach 7/25/2019

Phase 1 Permitting Approach Permitted dischargers must comply by selecting one of two compliance pathways: Alternative Pathway: Fund and participate in P&O Study Continue existing monitoring and control activities Performance based compliance Conservative: Demonstrate compliance with stringent permitting requirements in Salt Control Program Likely more costly than Alternative pathway P&O Study is more likely to obtain long-term sustainability than individual efforts through Conservative pathway This slide is confusing me – Phase 1 Permitting Approach for what – long-term or short-term or both? 7/25/2019

P&O Study Costs Total Cost Estimated at $10-$15 Million Communities and Industries that have participated have allocated costs to be affordable to permittees by size, volume, or acreage. Communities (POTW/Stormwater), Irrigated Agriculture and Dairies will participate through their industry groups Food Processors, Wine, Oil & Gas have set fees Other Permittees $250 minimum Is the “Other Permittees $250 minimum” an annual fee? 7/25/2019

Stay Informed, Get Involved 7/25/2019

For More Information CV-SALTS Pilot Management Zones www.cvsalinity.org info@cvsalinity.org Pilot Management Zones Turlock – Parry Klassen, klassenparry@gmail.com AID/Kings River East – Charlotte Gallock, cgallock@krcd.org Regional Water Quality Control Board Anne Littlejohn – anne.littlejohn@waterboards.ca.gov 7/25/2019