PROPOSED RULEMAKING [25 PA. CODE CH. 95]
Wastewater Treatment Requirements
[39 Pa.B. 6467]
[Saturday, November 7, 2009]
The Environmental Quality Board (Board) proposes to
amend 25 Pa. Code Chapter 95 (relating to Wastewater Treatment
Requirements). The proposed amendments include the elimination of a
redundant provision, the recognition of applicable TMDL requirements,
and the establishment of new effluent standards for
new sources of wastewaters containing high Total Dissolved Solids (TDS)
concentrations.
The proposal was adopted by the Board at its
meeting of August 18, 2009.
A. Effective Date
These amendments will go into effect upon
publication in the Pennsylvania Bulletin as final-form rulemaking.
B. Contact Persons
For further information, contact Ronald C. Furlan,
Chief, Division of Planning and Permits, P. O. Box 8774, Rachel Carson
State Office Building, Harrisburg,
PA 17105-8774, (717) 787-8184 or William Cumings, Assistant Counsel,
Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State
Office Building,
Harrisburg, PA 17105-8464, (717) 787-7060. Information regarding
submitting comments on this proposal appears in Section J of this
preamble. Persons with a
disability may use the Pennsylvania AT&T Relay Service by calling
(800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This
proposal is available
electronically through the Department of Environmental Protection's
(Department) web site at http://www.dep.state.pa.us.
C. Statutory Authority
The proposed rulemaking is being made under the
authority of section 5 of The Clean Streams Law (35 P. S.
§ 691.5), which grants the Department the
authority to adopt rules and regulations in establishing policy and
priorities for issuing orders and permits and in taking other actions
under this law, and sections
1917-A and 1920-A of The Administrative Code of 1929 (71 P. S.
§§ 510-7 and 510-20).
D. Background and Purpose
Total dissolved solids (TDS) is comprised of
inorganic salts, organic matter and other dissolved materials in water.
They can be naturally present in water or the result of runoff, mining
or industrial or municipal treatment of water. TDS contain minerals and
organic molecules that provide benefits such as nutrients, but also may
contain contaminants such as toxic metals and organic pollutants.
However, the benefits noted are when considered in moderation, which is
likely not the case in a high TDS discharge. The concentration and
composition of TDS in natural
waters is determined by the geology of the drainage, atmospheric
precipitation and the
water balance (evaporation/precipitation).
TDS causes toxicity to water bodies through
increases in salinity, changes in the ionic composition of the water,
and toxicity of individual ions. The composition
of specific ions determines toxicity of elevated TDS in natural waters.
Also, as the hardness increases, TDS toxicity may decrease. The major
concern associated
with high TDS concentrations relates to direct effects of increased
salinity on the health of aquatic organisms.
Water quality analyses performed for the major
watersheds of this Commonwealth to date, show that many of the rivers
and streams of this Commonwealth have a very limited ability to
assimilate additional TDS, sulfates and
chlorides. This phenomenon was most evident during the fall of 2008,
when actual water quality issues related to these parameters emerged in
the Monongahela River
basin. While river flows reached seasonal lows, the concentrations of
TDS and sulfates in the river increased to historic highs, exceeding
the water quality
standards at all of the 17 Potable Water Supply intakes from the border
with West Virginia to Pittsburgh.
Exceedances of water quality standards for TDS and sulfate persisted in
the river through November and December of 2008. Elevated chloride
levels were observed on at least one major tributary—South Fork Tenmile
Creek—and
for the first time, elevated bromide levels were observed in these
streams.
During this period, several environmental agencies
performed studies on the effects of TDS, sulfate and chloride
discharges on the Monongahela and some of its
tributaries. A study conducted by the Environmental Protection Agency
(EPA), the Department and the Allegheny County Health Department (ACHD)
also
identified bromides as a key parameter of concern in these waters. The
study concluded that a high percentage of the Disinfection By-Products
(DBPs) being formed in the drinking water systems were brominated DBPs,
which pose a
greater health risk than chlorinated DBPs; and, subsequent formation of
brominated DBPs increases overall DBP concentrations, specifically
trihalomethanes
(THMs). The study also concluded that based on the speciation there
appears to be a strong correlation between THM formation and elevated
source water bromide
concentrations in the Monongahela River. As a result, the 17 potable
water supply intakes on the Monongahela River are subject to higher
levels of the more toxic
brominated DBPs, creating increased risks of bladder cancer to their
consumers.
Several studies on the potential impacts to aquatic
life from these large TDS discharges were also conducted on major
tributaries flowing into the Monongahela
River in Greene County, PA. Each of these studies documents the adverse
effects of discharges of TDS, sulfates and chlorides on the aquatic
communities in these
receiving streams. The former concludes that there is a high abundance
of halophilic (salt-loving) organisms downstream from the discharges of
TDS and chlorides
and a clear transition of fresh water organisms to brackish water
organisms in the receiving stream from points above the discharge to
points below. It is evident from this study that increases in salinity
have caused a shift in biotic
communities.
The Monongahela River Watershed is being adversely
impacted by TDS discharges and many points in the watershed are already
impaired, with TDS, sulfates and chlorides as the cause.
Although the Monongahela has received the most
attention, it is not an anomalous situation. The Department has studied
the results of stream monitoring and has
conducted an analysis on the water quality of the Beaver River in
western Pennsylvania. These results show upward trends in TDS
concentrations. The Department has also conducted similar studies on
the Shenango and Neshannock
Rivers, with similar upward trends in TDS concentrations.
In addition, watershed analyses conducted by the
Department of the West Branch of the Susquehanna River and the
Moshannon River Watersheds have documented that they are also severely
limited in the capacity to
assimilate new loads of TDS and sulfates. The Department has received
several permit applications
in these areas where the permits will not be able to be issued with
limits greater than the water quality standards due to the high
background concentrations of TDS.
The surveys, analyses and studies referenced
establish that the extent of existing and potential pollution from TDS,
sulfates and chlorides is widespread. The Department is constrained
from approving any significant portion of the
pending proposals and applications for new sources of discharge
high-TDS wastewater that
include sulfates and chlorides, and still protect the quality of
streams in this Commonwealth.
The existing practice for high TDS wastewaters is
the removal of heavy metals, but currently no treatment exists for TDS,
sulfates and chlorides, other than dilution. As documented by the
rising levels of TDS in the waters of
this Commonwealth, dilution can no longer be considered adequate
treatment for high TDS wastewaters.
The Clean Streams Law (35 P. S.
§§ 691.1—691.1001) delegates the authority to preserve and
improve the purity of its waters and develop remedies to purify those
waters currently polluted to the Department, in the form
of adopting rules and regulations as necessary to accomplish these
tasks.
The Department's ''Permitting Strategy for High
Total Dissolved Solids (TDS) Wastewater Discharges'' (April 11, 2009)
outlines the foundation and scientific rationale for promulgation of
such rules and regulations necessary to
address the existing and potential pollution of this Commonwealth's
waters from large sources of TDS, sulfates and chlorides. This approach
relies upon the basic water
quality management premise that discharges of these pollutants must be
managed through
permit limitations required by the more stringent of treatment-based or
water quality-based standards.
The goal of this permitting strategy is that by
January 1, 2011, new sources of High-TDS wastewaters will be prohibited
from this Commonwealth's waters. To achieve this goal, the Department
proposes to amend Chapter 95 to
establish new effluent standards.
In addition to moving this regulatory package
forward, the Department is considering, on a parallel track, the
formation of a work group in the Monongahela River Watershed to review
possible alternative approaches that would
also be protective of this Commonwealth's water resources.
The proposed rulemaking was presented to the Water
Resources Advisory Committee (WRAC) at a special meeting on June 19,
2009, and considered at the WRAC's regular meeting on July 15, 2009.
The WRAC, by majority vote,
recommended that the Department work in conjunction with the WRAC to
form a Statewide stakeholders group to analyze the issues and develop
appropriate solutions, in lieu of proceeding with the currently
proposed rulemaking.
E. Summary of Regulatory Requirements
Section 95.2. Effluent standards for industrial
wastes.
The Department has proposed to retitle the section
for clarity. The Department also proposes to delete paragraph (1)
because it is redundant. The other paragraphs have been renumbered as a
result of the deletion of
paragraph (1).
Section 95.10. Effluent standards for new sources of
wastewaters containing high Total Dissolved Solids (TDS) concentrations.
This is a new section. Subsection (a) defines high
TDS wastewater. Subsection (b) establishes effluent standards for TDS,
total chlorides and total sulfates, and provides for exceptions to
these criteria for industries that have
established Federal criteria for TDS, sulfates and chlorides.
Subsection (c) establishes criteria for new sources of wastewaters
resulting from fracturing, production, field
exploration, drilling or completion of oil and gas wells. Subsection
(d) establishes that the effluent limitations in § 95.10 will not
apply if an NPDES permit has
established more stringent limitations than the limits specified in
this section.
The term ''new discharge'' is also defined in
subsection (a). This definition is intended to make it clear that a new
discharge from an existing facility, an additional discharge from an
existing facility or an expanded discharge from an
existing facility are included. It is not intended to include
discharges from treatment facilities for abandoned mine discharges
(AMD), which existed on April 1, 2009, where
new treatment facilities are installed or existing facilities are
modified. This is important to assure that efforts to treat AMD by
third parties (watershed groups,
trustees or the government) are not thwarted by imposing limits on
these projects with overwhelming positive environmental benefits.
Remining projects
authorized under Chapter 87 Subchapter F or Chapter 88 Subchapter G are
also not included in
this definition because the discharges associated with them existed as
of April 1, 2009.
F. Benefits, Costs and Compliance
Benefits
The Monongahela River has been significantly
impacted by discharges of wastewaters containing high TDS
concentrations. These high TDS concentrations have caused exceedances
of drinking water standards at many drinking water
treatment plants in this Commonwealth. Some of these exceedances
include bromides.
Bromides in drinking water may result in the formation of disinfection
byproducts that are more toxic than the byproducts from chlorination.
This proposed rulemaking will address these high TDS discharges as well
as high
levels of chlorides and sulfates, resulting in cleaner streams. This
reduction will also reduce the number of brominated disinfection
byproducts and help to ensure safe
drinking water for this Commonwealth.
Compliance Costs
The regulation will impose new costs on new or
increased discharges of high TDS wastewater. New or increased
discharges will be required to install advanced treatment to meet the
requirements of this proposed rulemaking. It is
anticipated that treatment costs could be on the order of $0.25/gallon.
Since there is currently no treatment required for TDS, chlorides, and
sulfates, any cost is an
increase over the existing cost.
Existing facilities will have minimal additional
costs as a result of this proposed rulemaking. The additional costs
will be the result of additional monitoring and recordkeeping that will
be required to comply with this rulemaking.
Compliance Assistance Plan
The Department has conducted many outreach sessions
to educate stakeholders about the new regulations, at least as they
apply to Marcellus Shale activities.
These include:
• On October 16, 2008, the Department sent a letter
to existing treatment plants in this Commonwealth explaining the
requirements that would apply to each plant that chooses to accept high
TDS wastewater, including additional
monitoring.
• On April 15, 2009, the Department held a meeting
of the Marcellus Shale Wastewater Partnership to introduce and discuss
the Permitting Strategy for High TDS Wastewater Discharges.
• On April 16, 20 and 21, 2009, industry sponsored
Marcellus Shale application training, including wastewater
transportation and delivery, was held in Williamsport, Canonsburg and
Clarion. Questions were taken and
answered, and a Question and Answer document has been posted on the
Department's web site.
• In the spring of 2009, a wastewater generation,
transportation and disposal powerpoint presentation was developed, and
is posted on the Department's web site.
• In 2009, the Department will be offering Industry
Training Workshops at six locations throughout this Commonwealth.
Wastewater management issues will be addressed in the training after
the regulation has been finalized.
Paperwork Requirements
This proposal will result in additional paperwork
only for existing wastewater treatment plants that choose to accept
high TDS wastewater. This additional paperwork will include additional
monitoring and recordkeeping
requirements, as well as the requirement to develop or revise a
pretreatment program and to modify
their existing NPDES permit to reflect the constituents present in the
high TDS wastewater.
G. Sunset Review
These regulations will be reviewed in accordance
with the sunset review schedule published by the Department to
determine whether the regulations effectively fulfill the goals for
which they were intended.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71
P. S. § 745.5(a)), on October 28, 2009, the Department submitted a
copy of the proposed rulemaking to the Independent Regulatory Review
Commission (IRRC) and the Senate
and House Environmental Resources and Energy Committees (Committees).
In addition to submitting the proposed amendments, the Department
provided IRRC and
the Committees with a copy of a detailed Regulatory Analysis Form
prepared by the Department. A copy of this material is available to the
public upon
request.
Under section 5(g) of the Regulatory Review Act,
IRRC may convey any comments, recommendations or objections to the
proposed amendments within 30 days of the close of the public comment
period. The comments,
recommendations or objections shall specify the regulatory review
criteria that have not been met. The Regulatory Review Act specifies
detailed procedures for review of
these issues by the Department, the General Assembly and the Governor
prior to final publication of the regulations.
I. Public Comments
The Department is particularly interested in
comments regarding economic impacts and treatment technologies,
including levels of treatment and associated costs, from industries
covered by this regulatory change. Comments on
this and other aspects of the draft regulation can be submitted in hard
or electronic copy as explained as follows.
Written Comments—Interested persons are invited to
submit comments, suggestions or objections regarding the proposed
regulation to the Environmental Quality Board, P. O. Box 8477,
Harrisburg, PA 17105-8477 (express mail:
Rachel Carson State Office Building, 16th Floor, 400 Market Street,
Harrisburg, PA 17105-2301). Comments submitted by facsimile will not be
accepted.
Comments, suggestions or objections must be received by the Board by
February 5, 2010.
Interested persons may also submit a summary of their comments to the
Board. The summary may not exceed one page in length and must also be
received by the Board by February 5, 2010. The one-page summary will be
provided to
each member of the Board in the agenda packet distributed prior to the
meeting at which the final-form regulation will be considered.
Electronic Comments—Comments may be submitted
electronically to the Board at RegComments@dep.state. pa.us and must
also be received by the Board by February 5, 2010. A subject heading of
the proposal and a return name
and address must be included in each transmission. If an
acknowledgement of electronic comments is not received by the sender
within 2 working days, the
comments should be retransmitted to ensure receipt.
J. Public Hearings
The Board will hold four public hearings for the
purpose of accepting comments on this proposal. The hearings will be
held at 5 p.m. on the following dates:
December 14, 2009 - 5 p.m. - Cranberry Township
Municipal Building, 2525 Rochester Road, Cranberry Township, PA
16066-6499
December 15, 2009 - 5 p.m. - Department of
Environmental Protection, Cambria District Office, 286 Industrial Park
Road, Ebensburg, PA 15931
December 16, 2009 - 5 p.m. - Department of
Environmental Protection, Northcentral Regional Office, Goddard
Conference Room, 208 West Third Street, Suite 101, Williamsport, PA
17701-6448
December 17, 2009 - 5 p.m. - Lehigh County
Government
Center, 17 S. 7th Street, Allentown, PA 18101
Persons wishing to present testimony at a hearing
are requested to contact the Environmental Quality Board, P. O. Box
8477, Harrisburg, PA 17105-8477,
(717) 787-4526, at least 1 week in advance of the hearing to reserve a
time to present testimony. Oral testimony is limited to 10 minutes for
each witness. Witnesses are requested to submit three written copies of
their oral testimony to
the hearing Chairperson at the hearing. Organizations are limited to
designating one witness to present testimony on their behalf at each
hearing.
Persons in need of accommodations as provided for
in the Americans With Disabilities Act of 1990 should contact the Board
at (717) 787-4526 or through the Pennsylvania AT&T Relay Service at
(800) 654-5984 (TDD) to discuss
how the Board may accommodate their needs.
JOHN HANGER, Chairperson
Fiscal Note: 7-446. No fiscal impact; (8)
recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE II. WATER RESOURCES
CHAPTER 95. WASTEWATER TREATMENT REQUIREMENTS
§ 95.2. [Quality standards and oil-bearing
wastewaters] Effluent standards for industrial wastes.
Industrial [waste shall] wastes must meet the
following [quality] effluent standards:
(1) [There may be no discharge of wastes which are
acid.
(2)] Wastes [shall] must have a pH of not less than
6 and not greater than 9, except where:
* * * * *
[(3)] (2) Oil-bearing wastewaters, except those
subject to paragraph [(4), shall] (3), must comply with [all of] the
following:
* * * * *
[(4)] (3) Petroleum marketing terminals [shall]
must:
* * * * *
[(5)] (4) Waste may not contain more than 7
milligrams per liter of dissolved iron.
[(6)] (5) When surface waters are used in the
industrial plant, the quality of the effluent need not exceed the
quality of the raw water supply if the source or supply would normally
drain to the point of effluent discharge, unless
otherwise required under the [State Act] act or Federal Act or
regulations promulgated thereunder.
(Editor's Note: Section 95.10 is new and printed in
regular print to enhance readability.)
§ 95.10. Effluent standards for new discharges
of wastewaters containing high Total Dissolved Solids (TDSs)
concentrations.
(a) For the purpose of implementing this section, a
new discharge of High-TDS wastewater is a discharge that did not exist
on April 1, 2009, and includes a TDS concentration that exceeds 2,000
mg/L or a TDS loading that exceeds
100,000 pounds per day. The term ''new discharge'' includes an
additional discharge, an expanded discharge or an increased discharge
from a facility in
existence prior to April 1, 2009.
(b) Unless specifically exempted under paragraph
(6), new discharges of wastewater with High-TDS must comply with the
following:
(1) Section 95.2 (relating to effluent standards
for industrial wastes).
(2) The discharge may not contain more than 500
mg/L of TDS as a monthly average.
(3) The discharge may not contain more than 250
mg/L of total chlorides as a monthly average.
(4) The discharge may not contain more than 250
mg/L of total sulfates as a monthly average.
(5) In addition to paragraphs (1)—(4), discharges
to groundwater, including land application and discharges to existing
mine pools, must comply with §§ 91.51 and 91.52 (relating to
underground disposal).
(6) Discharges of wastewater produced from
industrial subcategories with applicable Effluent Limit Guidelines for
TDS, Chlorides or Sulfates established as Best Available Technology
Economically Achievable (BAT), Best
Conventional Pollutant Control Technology (BCT), or new source
standards of performance, by the Administrator of the EPA under
sections 303(b) and 306 of the
Federal Act (33 U.S.C.A. §§ 1314(b) and 1316) are exempt from
the effluent standards in this section.
(c) New discharges of wastewaters resulting from
fracturing, production, field exploration, drilling or completion of
oil and gas wells must comply with the
following provisions, in addition to the provisions in subsection (b):
(1) There may be no discharge of wastewater into
waters of this Commonwealth from any direct source or site of
fracturing, production, field exploration, drilling, or well
completion, (that is, produced water, drilling muds,
drill cuttings, and produced sand).
(2) Treated discharges of wastewater generated from
fracturing, production, field exploration, drilling, or well completion
may be authorized by the Department under Chapter 92 (relating to
National Pollutant Discharge Elimination
System Permitting, Monitoring and Compliance). The discharges shall be
authorized only from centralized waste treatment (CWT) facilities and
approved Publicly
Owned Treatment Works (POTWs).
(3) The discharge may not contain more than 10 mg/L
of total barium as a monthly average.
(4) The discharge may not contain more than 10 mg/L
of total strontium as a monthly average.
(5) Where a discharge from a CWT facility is
proposed, the discharge must comply with the performance standards in
40 CFR 437.34 (relating to new source performance standards (NSPS)), in
addition to complying with paragraphs
(2)—(4).
(6) Where a discharge through a POTW is proposed,
in addition to compliance with the requirements of paragraphs (2)—(4)
the following apply:
(i) Pretreatment shall be provided and comply with
the performance standards found in 40 CFR 437.36 (relating to
pretreatment standards for new sources).
(ii) The POTW shall develop and implement a Federal
pretreatment program meeting the applicable standards found in 40 CFR
403.8 (relating to pretreatment program requirements: development and
implementation by POTW).
(d) Any wastewater treatment requirement
established under this chapter does not apply if an NPDES permit
limitation established under Chapter 92 provides
a more stringent effluent limitation requirement than would be provided
by application of this chapter.
[Pa.B. Doc. No. 09-2065. Filed for public inspection
November 6, 2009, 9:00 a.m.]
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