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

2. 7/25/2019

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

4. 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

5. 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
7/25/2019

6. 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

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

8. 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

9. 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

10. 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

11. 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

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

13. 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

14. 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

15. 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

16. Start with Priority 1 Basins
DWR No.
Goundwater Basin
Kaweah
Turlock
Chowchilla
Tule
Modesto
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

17. 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

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

19. 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

20. 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

21. 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

22. 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

23. 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
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

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

25. 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

26. 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

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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

33. 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

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

35. 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

36. 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

37. 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

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

39. 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

40. 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

41. 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

42. 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

43. 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

44. 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

45. 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

46. Stay Informed, Get Involved
7/25/2019

47. For More Information CV-SALTS Pilot Management Zones
Pilot Management Zones
Turlock – Parry Klassen,
AID/Kings River East – Charlotte Gallock,
Regional Water Quality Control Board
Anne Littlejohn –
7/25/2019