1 Triennial Review of Water Quality Standards Pennsylvania Department of Environmental Protection Bureau of Water Standards and Facility Regulation Review Proposed Revisions, Purpose & Timeline Agricultural Advisory Board August 22, 2007

2 Pennsylvania Department of Environmental Protection Bureau of Water Standards and Facility Regulation The Clean Water Act requires states to periodically, but at least once every three years, review and revise as necessary their water quality standards - Triennial Review of Water Quality Standards Pennsylvania’s WQS are contained in 25 Pa Code Ch. 93 and portions of Ch. 92 (relating to NPDES Permitting, Monitoring and Compliance) Other WQS provisions and criteria are also contained in Chapters 16 (Toxics Mgmt Strategy - Statement of Policy) and 96 (WQS Implementation)

3 Revise and update water quality criteria: Revise and update water quality criteria found in Chapters 93 and 16 to reflect the latest scientific information and new Federal guidelines for criteria development. Revisions based in part on the most recent complete compilation of nationally recommended WQ criteria, as published in November 2002 (EPA-822-R ), and as updated in December 2002 (67 FR 79094). Pennsylvania Department of Environmental Protection Bureau of Water Standards and Facility Regulation

4 EPA’s 2002 compilation includes recommended WQ criteria for 126 priority pollutants and 17 other compounds or chemicals. New methods for deriving human health WQ criteria includes change in the national recommended fish consumption rate to17.5 g/day, which is currently 6.5 g/day Pennsylvania Department of Environmental Protection Bureau of Water Standards and Facility Regulation

5 Move revised, updated and other criteria currently contained in Chapter 16 (Statement of Policy) into new criteria tables in Chapter 93 WQS (regulation), which include the following agriculture-related chemicals Also propose to add new statewide ambient water quality criteria to new Chapter 93 Table 5 for Molybdenum, Metolachlor, and Diazinon. Pennsylvania Department of Environmental Protection Bureau of Water Standards and Facility Regulation

6 PPNOCHEMICAL NAME Fish and Aquatic Life Criteria DEP HHC ug/L - 3/06 TR08 Proposed HH Criteria (ug/L) CCC (ug/L)CMC (ug/L) 1PALDRIN Palpha-BHCN/A Pbeta-BHCN/A Pgamma-BHC (LINDANE)N/A Pdelta-BHCN/A 6PCHLORDANE P4,4’-DDT P4,4’-DDE P4,4’-DDD PDIELDRIN P & 12Palpha- & beta-ENDOSULFAN for endosulfan 13P ENDOSULFAN SULFATEN/A 14PENDRIN PENDRIN ALDEHYDEN/A PHEPTACHLOR P HEPTACHLOR EPOXIDE DIAZINON N/A --METOLACHLORN/A MARSENIC150 (As3+)340 (As3+) MOLYBDENUMN/A --208

7 Pennsylvania Department of Environmental Protection Bureau of Water Standards and Facility Regulation Clarify definition of “conventional treatment” for Potable Water Supply (PWS) use protection. Conventional treatment - includes conventional filtration in a treatment process that uses separate, sequential units for coagulation/flocculation, clarification, and granular media filtration to produce finished water for drinking. Adding that other intervening, more sensitive uses may apply if the specified critical use does not afford adequate protection.

8 Add reference to Drainage List X to indicate the US EPA’s 2004 Beach Act federal promulgation at 40 CFR * for bacteriological water quality criteria apply to these Lake Erie coastal recreational waters within Pennsylvania. (* as published on Nov. 16, 2004 at 69 FR 67218) Pennsylvania Department of Environmental Protection Bureau of Water Standards and Facility Regulation

9 Pennsylvania Department of Environmental Protection Bureau of Water Standards and Facility Regulation Add migratory fishes (MF) use to the mid-Atlantic slope drainage basins – the Delaware, Susquehanna & Potomac Rivers. Reconfirm the removal of water contact (WC) protected use on selected waters within Pennsylvania’s WQS for portions of the Delaware Estuary and for the outer Erie Harbor and Presque Isle Bay.

10 Pennsylvania Department of Environmental Protection Bureau of Water Standards and Facility Regulation Updates and Corrections for Missing items, typos or errors: Updates, revisions, and corrections for typos, translation errors and missed references associated with prior rulemaking and/or publication activities. Describe that notations will need to be added to the stream drainage lists to identify where previously approved site-specific water quality criteria apply.

11 Revise / Update Portions Retained in Ch. 16: The Department proposes to rename Chapter 16 Appendix A, Table 1, “SITE-SPECIFIC WATER QUALITY CRITERIA FOR TOXIC SUBSTANCES”. Specific criteria that are developed or approved by the Department will be housed in Appendix A, Table 1 until there is a need or opportunity for proposal by the Board to be incorporated into Chapter 93, Table 5. Pennsylvania Department of Environmental Protection Bureau of Water Standards and Facility Regulation

12 Update approved analytical methods and detection limits in Tables 2A and 2B to reflect the EPA approved methods that were recently updated and published as final in the Federal Register (72 FR 11199) on March 12, 2007, which were effective on April 11, Pennsylvania Department of Environmental Protection Bureau of Water Standards and Facility Regulation

13 Timeline for Triennial Review of Water Quality Standards May 10, 2006 = Present update to WRAC regarding status and scope October 2006 = Present Update on proposed rule-making to WRAC Summer/Fall 2007 = Present the proposed rule-making to the EQB TBD by Legislative Ref. Bur. = Published in Pa Bulletin accompanied by a 45 day comment period. At least one Public Meeting / Hearing will be held in the Harrisburg area during the public comment period. February 2008 = Present draft comment & response document and status on final rule- making to WRAC. April 2008 = Present final rule-making to EQB July 2008 = Submit final rule-making to EPA for review & approval Pennsylvania Department of Environmental Protection Bureau of Water Standards and Facility Regulation Spring 2006 = Met with EPA Region 3 and WRAC to seek input on scope of TR08 May 2007 = Present Update on draft proposed rule-making to WRAC; recommend DEP move fwd as proposed rlmkg August 2007 = Present Overview of draft proposed rule-making to Ag Advisory Board