Glenda L. Dean Water Division Chief Alabama Department of Environmental Management November 7, 2012 Manufacture Alabama Environmental Conference Prattville, Alabama

Overview  Water Division Organizational Chart  Recent Management Changes  Vacant Management Positions  Electronic Applications  e-file, e-complaint, e-reporting, e-permitting  Data Management  Water Quality Program Activities  303(d) List/TMDL Development  Water Quality Standards Review  Nutrient Criteria Development  NPDES Program Activities  NPDES Petition  New General Permits  Coal Mine Study  Enforcement Trends  EPA Water Programs FY13 Activities  National and Regional Priorities  Rulemakings adem.alabama.gov

Organizational Chart

Electronic Applications  e-file  Allows easy access to documents via ADEM web-site  e-complaints  Web-based complaint file system  e-permit applications  Notice of Intent (e-NOI)  e-reporting  Discharge monitoring reports (e-DMR)  Drinking water reports (e-DWR)  Sanitary Sewer Overflows (e-SSOs) adem.alabama.gov

Electronic Applications (continued)  Data Management  Electronic flow of data/information from ADEM NPDES database to EPA’s Integrated Compliance Information System (ICIS)  Reduces errors due to manual data entry into ICIS system  Reduces manpower needed for manual data entry adem.alabama.gov

Water Quality Program Activities

303(d) List/TMDL Development  2012 Proposed 303(d) List  Public Notice ended on March 13, 2012  Current discussions with EPA  Minor changes expected as a result of comments received  As of October 1, 2012, 224 Alabama TMDLs have been approved By EPA. adem.alabama.gov

Water Quality Standards Triennial Review  On July 19, 2012, a public hearing was held by ADEM to provide the public an opportunity to comment on water quality standards for Alabama waters. The Department received comments from 8 individuals / organizations.  Current provisions are set forth at ADEM Adm. Code chapter , Water Quality Criteria, and chapter , Water Use Classifications for Interstate and Intrastate Waters.  States are required by the Federal Water Pollution Control Act to conduct a formal review of water quality standards at least once every three years. adem.alabama.gov

Use Classification Revisions  On October 19, 2012, the Environmental Management Commission adopted revisions to add Swimming Classification to certain streams in both the Coosa River and Black Warrior River Basins.  Also, one Public Water Supply segment was adopted for Clear Creek (Smith Lake). This segment is for the Curry Water System. adem.alabama.gov

Nutrient Criteria Development Waterbody TypeYear Reservoirs2013 (Chlorophyll a Criteria) Rivers and Streams2013 (Selected Waterbodies) Estuaries2014 (Selected Waterbodies) Wetlands2016 (Selected Wetlands) All dates subject to change.

 Remaining Reservoirs  Woodruff Reservoir (Alabama River Basin)  Frank Jackson Lake (Yellow River Basin)  Bear Creek Reservoir (Tennessee River Basin)  Upper Bear Creek Reservoir (Tennessee River Basin) Reservoirs Nutrient Criteria Development

 No adopted numeric criteria to date  Expect proposed criteria in 2013 (Weight of Evidence)  Numeric nutrient targets – TMDLs  Cahaba River: Total P  4 segments – 35 ug/l  Flint Creek: Total P, Total N  17 segments  Puppy Creek: Total P – 22 ug/l  Buxahatchee Creek: Total P – 66 ug/l  Brindley Creek: Total P – 50 ug/l Rivers and Streams Nutrient Criteria Development

 Wadeable Streams Pilot Project Tallapoosa River Basin  Auburn University Partnership  Collect water quality / hydrologic data  Identify key relationships between N, P and key biological responses  Weeks Bay Nutrient Sources, Fate, Transport, and Effects Study  Partnership with MS Department of Environmental Quality  Gulf of Mexico Alliance Nutrient Priority Issue Team  Action Plan II – Action Step 1.1  Collect water quality / hydrologic data  Develop a hydrodynamic water quality model (Tetra Tech, Inc.)  Identify key relationships between N, P and key biological responses

Wetlands Criteria Development  Ongoing Activities  Wetland monitoring program under development  National Wetlands Assessment completed in 2011  Regional Wetlands Monitoring Program is ongoing

NPDES Program Activities

Status of NPDES Petition to Withdraw Program Authorization  Petition to withdraw NPDES program authorization was filed with EPA Region 4 on January 14, 2010, by several Alabama- based environmental organizations.  On April 22, 2012, the Petitioners filed a Supplement to the Petition.  The Department has responded to the Petition and has had on-going discussions with EPA Region 4.  To date, EPA has not responded to the Petition.

adem.alabama.gov New General Permits  Pesticide General Permit  6 th Circuit Court decision required NPDES permits for discharges of pesticides on or near waters of the U.S. Based on this court decision discharges of pesticides on or near waters of the U.S. now require permits.  Pesticides General Permit permit was issued in October  General Permit for Mining and Processing of Non-Coal, Non-Metallic Construction Aggregate, Construction Sand and Gravel, Chert or Dirt  Previously these activities required an Individual NPDES Permit.  Non-Coal Mining GP was issued in March  General Permit for (Less than 5 Acres) Mining and Processing of Non-Coal, Non-Metallic Construction Aggregate Construction Sand and Gravel, Chert or Dirt  Previously these activities were addressed under Construction Registration Regulations  Proposed General Permit on Public Notice October 31, 2012.

Alabama Coal Mine Study  Study was conducted by ADEM during 2011 and the data is now being evaluated and a report will be issued  Objective to determine impacts on water quality from coal mine discharge activities  Incorporates all phases of mining activities  Includes effluent monitoring (chemical-specific and WET), stream monitoring for chemical-specific pollutants, and macro-invertebrates adem.alabama.gov

NPDES Enforcement Trends  FY12 Water Administrative Orders (Drinking Water, NPDES and Underground Injection Control)  Total Orders = 66  Penalty Orders = 47  Total Water Penalties Assessed = $967,900  Average Over Last 5 Years (FY08-12)  Total Orders = 86  Total Penalty Orders = 55  Total Water Penalties Assessed = $764,396

EPA Activities for FY13

EPA Activities  National Water Enforcement Priorities  Sanitary Sewer Overflows (SSOs) and Combined Sanitary Sewer Overflows (CSOs)  Concentrated Animal Feeding Operations (CAFOs)  Municipal Separate Storm Sewers (MS4s)  Regional Water Enforcement Priorities in addition to National Priorities  Coal Mining (Kentucky and Tennessee Mountain Top Removal)  “Advancement in NPDES permit expectations”  Shellfish Harvesting Areas  Closures due to non-point source and MS4 pollution

EPA Activities for FY13  Proposed Rulemaking (as of August 2012)  Stormwater: Revision to NPDES regulations to address post- construction storm water. Propose June 2013 with projected promulgation December  NPDES Application and Regulation Update: Revisions to NPDES regulations to eliminate inconsistencies between regulations and application forms, improve permit documentation and transparency and provide clarification to existing regulations. Propose in January Projected final date to be determined.  Electronic Reporting: Would require electronic submission of reports to a centralized, national data system (i.e., ICIS-NPDES). Propose late Projected to become final in 2013.

EPA Activities for FY13  Proposed Rulemaking Projections (continued)  Effluent Guideline Limitations for Coalbed Methane Extraction: EPA to initiate rulemaking based on EPA’s multi-year study of Coalbed Methane Extraction industry. Propose  Effluent Guideline Limitations for Steam Electric Power Plants: 2010 EPA settlement agreement to revise 1982 guidelines for power plants. Propose November Project to become final in April  Cooling Water Intake Structure 316(b): CWA Sec. 316(b) requires cooling water intake structures reflect best available technology for minimizing impingement and mortality. Settlement agreement extended date for final rule for existing structures to June 2013.

Water Division Contact Information Lynn Sisk Chief, Water Quality Branch Dennis Harrison Chief, Drinking Water Branch Daphne Smart Chief, Industrial/Municipal Branch Jeff Kitchens Chief, SW Management Branch Glenda Dean Chief, Water Division