1. 1 Alaska Department of Environmental Conservation Division of Water, Water Quality Standards Program Proposed Water Quality Standard for Natural Conditions Public Work Shops Public Work Shops Fairbanks – August 29, 2006 Anchorage – August 30, 2006 Juneau – August 31, 2006

2. 2 Public Hearing Anchorage – September 18 th 4:00 – 6:00 PM Legislative Information Office 1-888-295-4546 Proposed Water Quality Standard for Natural Conditions

3. 3 Work Shop Presenters Jim Powell Section Manager, Water Quality Standards Jim_Powell@dec.state.ak.us Nancy Sonafrank Program Manager, Water Quality Assessment & Monitoring Program Nancy_Sonafrank@dec.state.ak.us Jerry Diamond Tetra Tech, Inc

4. 4 Work Shop Agenda Introduction Introduction Problem and Proposal Problem and Proposal Public Review Process for Proposed Regulation Public Review Process for Proposed Regulation Proposed Regulation Proposed Regulation Review of Proposed Guidance Review of Proposed Guidance Questions and Answers Questions and Answers

5. 5 Introduction Roles: DEC and Tetra Tech, Inc. Roles: DEC and Tetra Tech, Inc. Work Shop objectives: Work Shop objectives:  Describe what is being proposed and why  Provide public review process for revision  Provide a public forum for questions & answers Ground rules and timeframe Ground rules and timeframe

6. 6 What is the Problem? Challenges in permitting discharges to waters with naturally low quality (Triennial Review priority) Challenges in permitting discharges to waters with naturally low quality (Triennial Review priority) Current regulations require site specific criteria that are “better” than the natural condition Current regulations require site specific criteria that are “better” than the natural condition Not possible for actions where there is no control over pollutant levels via treatment Not possible for actions where there is no control over pollutant levels via treatment No current procedures on how to determine natural levels of pollutants No current procedures on how to determine natural levels of pollutants

7. 7 What is the Proposal? Add a narrative (or descriptive) standard for waters where the natural condition is of lower quality than Add a narrative (or descriptive) standard for waters where the natural condition is of lower quality than the statewide water quality criteria. Remove the site specific criteria provision for natural conditions in: 18 AAC 70.235(b). Remove the site specific criteria provision for natural conditions in: 18 AAC 70.235(b). Guidance adopted into regulation Guidance adopted into regulation Guidance for the Implementation of Natural Condition-Based Water Quality Standards Guidance for the Implementation of Natural Condition-Based Water Quality Standards

8. 8 What is the Proposal? The guidance describes two methods for implementing a natural condition-based water quality standard: -Concurrent Measurement (preferred) -Statistical Characterization

9. 9 Public Review Process for Proposed Regulation Public notice – 45 day comment period Public notice – 45 day comment period August 17 - Oct. 2, 2006 Public workshops (3) Public workshops (3) Public hearing Public hearing  public testimony taken and entered in the public record Consultation with other agencies Consultation with other agencies DEC responds to comments DEC responds to comments DEC drafts final revisions to the regulations and guidance DEC drafts final revisions to the regulations and guidance

10. 10 Regulation Adoption Process DEC Commissioner adopts regulations DEC Commissioner adopts regulations Department of Law Review Department of Law Review Lt. Governor files regulations Lt. Governor files regulations Regulations go into effect 30 days later for state purposes Regulations go into effect 30 days later for state purposes EPA review and approval for CWA purposes EPA review and approval for CWA purposes

11. 11 Public Review Process - Deadline for Comments WHEN: 5 PM Alaska time, October 2, 2006 WHERE & WHO: Send comments to: Jim Powell, Section Manager Water Quality Standards, Water Division Department of Environmental Conservation 610 University Ave Fairbanks, Alaska 99709 HOW : Fax to (907) 451-2187 E-MAIL: Jim Powell@dec.state.ak.us E-MAIL: Jim Powell@dec.state.ak.usJim Powell@dec.state.ak.usJim Powell@dec.state.ak.us

12. 12 Natural Condition Definition Currently Defined in Currently Defined in 18 AAC 70.990(41): any physical, chemical, biological, or radiological condition existing in a waterbody before any human-caused influence on, discharge to, or addition of material to, the waterbody any physical, chemical, biological, or radiological condition existing in a waterbody before any human-caused influence on, discharge to, or addition of material to, the waterbody

13. 13 Proposed Regulation Proposed 18 AAC 70.010(c): Where the Department determines that the natural condition of a water of the state is of lower quality than the water quality criteria set out in 18 AAC 70.020(b), the natural condition supersedes the criteria and becomes the standard for that water. In implementing water quality standards based on the natural conditions in a permit, certification or other written decision, the department will follow the procedures set out in the Guidance for the Implementation of Natural Condition-Based Water Quality Standards, dated August 16, 2006 adopted by reference. Where the Department determines that the natural condition of a water of the state is of lower quality than the water quality criteria set out in 18 AAC 70.020(b), the natural condition supersedes the criteria and becomes the standard for that water. In implementing water quality standards based on the natural conditions in a permit, certification or other written decision, the department will follow the procedures set out in the Guidance for the Implementation of Natural Condition-Based Water Quality Standards, dated August 16, 2006 adopted by reference.

14. 14 Proposed Natural Condition Guidance The guidance is in the regulation The guidance is in the regulation Natural Condition-Based Water Quality Standards (Natural Standard) Natural Condition-Based Water Quality Standards (Natural Standard) Natural Standard Natural Standard  Types of parameters that apply  Procedures for developing  Methods for calculating standard  Methods for calculating permit limits

15. 15 Applicable Water Quality Parameters Potentially applicable to any parameter not attributable to human activities: Potentially applicable to any parameter not attributable to human activities:  Bacteria due to wildlife  Metals from natural mineral deposits  Nutrients from wildlife, vegetation, soils  Sediments from natural runoff, geology  Temperature, dissolved oxygen from seasonal shifts  Other parameters attributed to natural processes

16. 16 Natural Standards Do NOT Apply to: Human created substances: Human created substances:  PCBs  Dioxins  Synthetic pesticides Concentrations of any pollutant attributable to human activities Concentrations of any pollutant attributable to human activities

17. 17 Natural Conditions Process Overview Step 1. Exceedance Determination Step 6. Recordkeeping Step 5. Public Participation Step 4. Express Natural Condition-Based Standards Step 3. Areal Extent Determination Step 2. Natural Condition Finding

18. 18 Step 1. Exceedance Determination Statewide water quality criteria (Criteria) apply unless proven otherwise Statewide water quality criteria (Criteria) apply unless proven otherwise DEC must find that: DEC must find that: (1) the water quality is lower than the Criteria; and (2) the lower water quality is a result of natural processes

19. 19 Exceedance Determination (cont.) Preferred Approach: Record of natural condition monitoring data from the waterbody of interest Preferred Approach: Record of natural condition monitoring data from the waterbody of interest Alternate (if preferred approach is unavailable or unreasonable): Records from nearby site having similar characteristics Alternate (if preferred approach is unavailable or unreasonable): Records from nearby site having similar characteristics  Data must be collected from the same watershed as the waterbody of interest  Applicable when no natural condition monitoring is possible in the waterbody of interest due to human activities

20. 20 Step 2. Natural Condition Finding DEC must find that Criteria exceedances are the result of natural processes and not human activity DEC must find that Criteria exceedances are the result of natural processes and not human activity  The waterbody must be in a predominantly natural state: few roads, light recreational use, limited human activity, although not necessarily pristine  Excludes watersheds with major hydrologic or riparian changes

21. 21 Natural Condition Finding (cont.) Must include: Must include:  Why human activities are not directly or indirectly the cause of the Criteria exceedance for the pollutant of concern  Evidence that there has been minimal human activity in the watershed that would affect the water quality parameter in question  How natural processes are adequate to explain the observed exceedances

22. 22 Step 3. Areal Extent Determination May include: May include:  a single point in a waterbody  a number of points over an entire waterbody  some portion of a waterbody DEC will consider:  water quality information  groundwater and surface water influences  other natural processes that affect water quality To what “waterbody” does the Natural Standard apply?

23. 23 Step 4. Expressing Natural Standards: Two Approaches Concurrent Measurement Approach Concurrent Measurement Approach  Compares natural reference site to the waterbody of interest  Preferred approach Statistical Characterization Approach Statistical Characterization Approach  Used when concurrent approach is not practicable ( e.g., physical limitation) because there is no reference point that can be relied on to reflect continuing natural conditions  Needs at least two years of data  Uses statistics to describe the natural condition

24. 24 Expressing Natural Standards (cont.) Two Approaches: Concurrent Measurement The preferred approach: Compares natural reference site to the waterbody of interest. Up stream natural reference site Down stream monitoring site Borders of site Discharge occur here

25. 25 Impact: Stream has been diverted Alternate natural monitoring site Discharge occurs here Historic up stream natural reference site Down stream monitoring site Expressing Natural Standards (cont.) Two Approaches: Statistical Analysis Historical Data Collection Historical Data Collection Borders of site Compare data with historical reference Up stream natural reference site Down stream monitoring site Discharge Monitoring

26. 26 Step 5. Public Participation Any time DEC finds that the natural standard comprises the water quality standard, the public will be notified and afforded an opportunity to comment Any time DEC finds that the natural standard comprises the water quality standard, the public will be notified and afforded an opportunity to comment Public notification, review, and opportunity for comment may be conducted independently or as part of an associated action, such as a permitting decision Public notification, review, and opportunity for comment may be conducted independently or as part of an associated action, such as a permitting decision

27. 27 Step 6. Recordkeeping DEC will establish a record of every finding that includes supporting documentation and technical analyses DEC will establish a record of every finding that includes supporting documentation and technical analyses DEC will maintain an official list of the waterbodies where Natural Standards have been found to apply DEC will maintain an official list of the waterbodies where Natural Standards have been found to apply

28. 28 Expressing Natural Standards Regardless of approach used, the applicant must have: Regardless of approach used, the applicant must have:  Approved natural reference sites  Proper Quality Assurance and Quality Control (QA/QC)  Appropriate statistics, data management and metadata.

29. 29 Selection of Natural Reference Sites A natural reference site must: Be free of significant upstream human disturbance; and Be free of significant upstream human disturbance; and Have conditions comparable to the waterbody of interest. Have conditions comparable to the waterbody of interest. When using historic data, the applicant must demonstrate that the site did meet natural reference site criteria during the time data collection took place. When using historic data, the applicant must demonstrate that the site did meet natural reference site criteria during the time data collection took place.

30. 30 Quality Assurance and Quality Control QA/QC procedures must be identified and used. QA/QC procedures must be identified and used.  Data collection in accordance with DEC generic Quality Assurance Project Plan and Quality Management Plan  Analytical methods must be able to detect pollutant concentrations at the applicable DEC water quality standard

31. 31 Concurrent Measurement Approach Timing Timing Duplicate required Duplicate required Specified in permit monitoring requirements Specified in permit monitoring requirements If the effluent or downstream concentration is less than or equal to the concurrent natural reference site measurement, then discharge is in compliance with the Natural Standard If the effluent or downstream concentration is less than or equal to the concurrent natural reference site measurement, then discharge is in compliance with the Natural Standard

32. 32 Concurrent Measurement Approach Objective: Ensure that water quality standards are met with a reasonable degree of assurance Objective: Ensure that water quality standards are met with a reasonable degree of assurance Noncompliance evaluated in two ways: Noncompliance evaluated in two ways:  Any single measurement exceeds the concurrent reference condition by a statistically significant margin  Effluent concentrations persistently exceed reference conditions by any amount  Permits must specify what is considered a single or persistent exceedance

33. 33 Statistical Characterization Approach The statistical methodology similar to EPA’s Technical Support Document (TSD) approach for setting permit limits Statistical characterization must (1)Meet minimum data requirements including any necessary seasonal determination (2)Complete the required statistical analysis

34. 34 Statistical Characterization Approach Minimum Data Requirements Must include at least 20 valid data points Must include at least 20 valid data points A minimum of two years of data must be collected, preferably three years A minimum of two years of data must be collected, preferably three years Should have < 20% frequency of non-detects Should have < 20% frequency of non-detects Must measure seasonal variability Must measure seasonal variability

35. 35 Statistical Characterization Approach Seasonal Determinations If seasonal water quality is significantly different, then seasonal Natural Standards will be necessary. If seasonal water quality is significantly different, then seasonal Natural Standards will be necessary. 20 valid data points will be required for each season. 20 valid data points will be required for each season. If data are insufficient for a season, statewide Criteria apply. If data are insufficient for a season, statewide Criteria apply.

36. 36 Statistical Characterization Approach Seasonal Determinations Conditions that may require seasonal Natural Standards include: Conditions that may require seasonal Natural Standards include:  High and low flows  Seasonal variations in gaining or losing flow  Seasonal variation in current patterns  Seasonal thermal stratification in lakes and estuaries  Winter and summer conditions  Ice coverage  Storm events

37. 37 Statistical Characterization Approach Statistical Analysis Statistical terms used: Statistical terms used: Mean – the average of all data points Mean – the average of all data points 90 th percentile – 90% of the natural conditions data will be at or below this concentration 90 th percentile – 90% of the natural conditions data will be at or below this concentration

38. 38 Statistical Characterization Approach Statistical Analysis Natural conditions vary over time, so the Natural Standard must describe a distribution of concentrations, not just one value Natural conditions vary over time, so the Natural Standard must describe a distribution of concentrations, not just one value The natural distribution is described by: The natural distribution is described by: the mean of natural conditions data describes the Natural Standard for long-term or chronic exposure. the mean of natural conditions data describes the Natural Standard for long-term or chronic exposure. the 90 th percentile of natural conditions data describes the Natural Standard for occasional or acute exposure. the 90 th percentile of natural conditions data describes the Natural Standard for occasional or acute exposure.

39. 39 Example: Natural Condition Data compared to chronic and acute Criteria Chronic Acute

40. 40 Natural Condition Example Data Derivation of chronic and acute Natural Standard 0 1 2 3 4 5 6 0102030405060 Copper Concentration (µg/L) Frequency Acute standard: 90 th percentile Chronic standard: the mean

41. 41 Statistical Characterization Approach Calculating Permit Limits Calculating permit limits is described in the EPA’s permit manual for Toxics. Calculating permit limits is described in the EPA’s permit manual for Toxics. Permits require calculation of wasteload allocation, long term average, average monthly load, and maximum daily load. Permits require calculation of wasteload allocation, long term average, average monthly load, and maximum daily load. The values calculated for the Natural Standards statistics are used to calculate these types of permit limits. The values calculated for the Natural Standards statistics are used to calculate these types of permit limits.

42. 42 Statistical Characterization Approach Other Water Actions Natural Standards calculated by statistical characterization can also be used for : Natural Standards calculated by statistical characterization can also be used for : Determining if a waterbody is impaired or meeting standards under the Clean Water Act Section 303(d); or Determining if a waterbody is impaired or meeting standards under the Clean Water Act Section 303(d); or Determining waterbody recovery goals in a Total Maximum Daily Load plans for impaired waterbodies. Determining waterbody recovery goals in a Total Maximum Daily Load plans for impaired waterbodies.

43. 43 For More Information Call Jim Powell at 907- 451-2881 Call Jim Powell at 907- 451-2881 Or use the DEC website www.dec.state.ak.us/water/wqsar/trireview/naturalconditi ons Or use the DEC website www.dec.state.ak.us/water/wqsar/trireview/naturalconditi ons www.dec.state.ak.us/water/wqsar/trireview/naturalconditi ons www.dec.state.ak.us/water/wqsar/trireview/naturalconditi ons

44. 44 Question and Answers