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Interpretation of May 2013 Aquifer Protection Permit Framework and Policy Statements
Carrolette J. WinsteadAMC Monthly Meeting
July 10, 2013
WHAT’S NEW?Lean Informal ADEQ review team communicationsClosure and post-closure cost reviewIndicator parameters and use of alert levelsTighter inspection and BADCT tablesSMRF ReportingTreatment of Compliance Schedule Items
SECTIONS OF THE APP
Statue and rule referencesFramework and site-specific informationRegulatory flexibility and trade-offs
FACILITY DESCRIPTIONSGeneral information about regulated facilities•Location•Process information•Description (impoundment, tailings pile, etc.)•What flows in / what flows out and to where
ANNUAL REGISTRATION FEEThe fee is based on the design flow rate•The discharge to/from regulated facilities, not the process flow rate
R18-14-104, Table 2. APP Annual Registration FeesFlow Rate (GPD) Annual Fee Fee if not constructed (if new)
3,000 – 9,999 $500 $250
10,000 – 99,999 $1,000 $250
100,000 – 999,999 $2,500 $500
1,000,000 – 9,999,999 $6,000 $625
10,000,000+ $8,500 $750
A.R.S. § 49-242
FINANCIAL CAPABILITYClosure and post-closure costs•Detail breakdown (labor, equipment, materials, maintenance) for each facility
• Include specifics such as acres, capacities, etc.• Include references to costs (RS Means, vendor quote, etc.)
Note: following the presentation, Jerry Smit of ADEQ informed me that part of the reason for the requirement is to bring consistency to all the engineering reviewers at the agency.
BADCT
BADCT
Prescriptive or Individual•Trade-offs in monitoring and closure•New table format (mainly for mines)•Negotiation for regulated limits
Design, construction, operation, maintenance requirements•Shall be and continue to be…
BADCT
Engineering DesignSite-specific CharacteristicsPre-operational RequirementsOperational Requirements
MONITORING REQUIREMENTS
DischargeAmbientFacility/OperationalContingency
CONTINGENCY PLANPlan must be submitted to ADEQ Copy must be maintained onsite where day-to-day decisions are madeBuild cheat-sheets for operators into plan, along with emergency contactsAdd specific corrective actions
CONTINGENCY LANGUAGEImpoundments•Freeboard•Overtopping•Liner failure, containment structure failure, unexpected loss of fluid
CONTINGENCY LANGUAGEFreeboard
2.6.2.2 Exceeding of Performance Level for Freeboard
In the event that freeboard is less than the required freeboard, the permittee shall:
1. Immediately cease discharge to the pond. Redirect the discharge to reuse or another approved disposal option, until the water level is restored at or below the required freeboard.
2. Within 5 days of discovery, evaluate the cause of the incident and make needed operational adjustments as necessary to avoid future occurrences.
3. Record in the facility log, the amount of wastewater removed from the impoundment, if any, a description of the removal method, and the disposal arrangements. The facility log shall be maintained according to Section 2.7.2 (Operational Inspection / Log Book Recordkeeping).
CONTINGENCY LANGUAGEOvertopping
2.6.3.1 Impoundment Overtopping
If overtopping occurs, the permittee shall:
1. Immediately cease all discharges to the impoundment to prevent any further releases to the environment.
2. Within 5 days of discovery, notify ADEQ as specified in Section 2.7.3 (Permit Violation and AL Status Reporting) of this permit.
3. Within 5 days, collect representative samples of the wastewater contained in the pond.
CONTINGENCY LANGUAGEOvertopping
If overtopping occurs, the permittee shall:
4. Within 5 days of discovery, initiate removal and disposal of the excess water in the impoundment until the water level is restored at or below the freeboard level. Record the amount of wastewater removed, a description of the removal method, and the disposal arrangements in the facility log/recordkeeping file. The facility log/recordkeeping file shall be maintained according to Section 2.7.2 of this permit.
CONTINGENCY LANGUAGEOvertopping
If overtopping occurs, the permittee shall:
5. Within 5 days of discovery, initiate an evaluation to determine the cause of the overtopping and identify the circumstances that resulted in the incident. Based on the evaluation of the incident, adjust operational practices and/or repair any systems or equipment as necessary to prevent future occurrences of overtopping. Within 30 days of discovery, implement these corrective actions as necessary to resolve the problems identified in the evaluation. Record the incident and any repairs to the facility in the facility log/recordkeeping file according to Section 2.7.2 of this permit.
CONTINGENCY LANGUAGEOvertopping
If overtopping occurs, the permittee shall:
6. Within 30 days of discovery of overtopping, submit a report to ADEQ as specified in Section 2.7.3 (Permit Violation and AL Status Reporting) of this permit. Include a description of the actions performed in 1 through 5 listed above and a copy of the analytical results, or if the investigation is incomplete, a plan of action to return the facility to compliance. Upon review of the report, ADEQ may request additional monitoring or remedial actions.
7. Within 60 days of discovery, conduct an assessment of the impacts to the subsoil and/or groundwater resulting from the incident. If soil or groundwater is impacted, submit to ADEQ, for approval, a corrective action plan to address problems
CONTINGENCY LANGUAGEFailures
2.6.3.1 Liner Failure, Containment Structure Failure, or Unexpected Loss of Fluid
In the event of liner failure, containment structure failure, or unexpected loss of fluid, the permittee shall take the following actions:
1. As soon as practicable, cease all discharges to the surface impoundment as necessary to prevent any further releases to the environment.
2. Within 24-hours of discovery, notify ADEQ Water Quality Compliance Section.3. Within five days of discovery of a failure that resulted in a release to the subsurface,
collect representative samples of the fluid remaining in the surface impoundment. Samples shall be analyzed for the parameters specified in Section 4, Table 4.2.2. Within 30 days of the incident, submit a copy of the analytical results to ADEQ Water Quality Compliance Section.
CONTINGENCY LANGUAGEFailures
In the event of liner failure, containment structure failure, or unexpected loss of fluid, the permittee shall take the following actions:
4. Within 15 days of discovery, initiate an evaluation to determine the cause for the incident. Identify the circumstances that resulted in the failure and assess the condition of the surface impoundment and liner system. Implement corrective actions as necessary to resolve the problems identified in the evaluation. Initiate repairs to any failed liner, system, structure, or other component as needed to restore proper functioning of the surface impoundment. The permittee shall not resume discharging to the surface impoundment until repairs of any failed liner or structure are performed. Repair procedures, methods, and materials used to restore the system(s) to proper operating condition shall be described in the facility log/recordkeeping file and available for ADEQ review.
CONTINGENCY LANGUAGEFailures
In the event of liner failure, containment structure failure, or unexpected loss of fluid, the permittee shall take the following actions:
5. As soon as practicable, remove fluid remaining in the surface impoundment as necessary to prevent further releases to the subsurface and/or to perform repairs. Record in the facility log/recordkeeping file the amount of fluid removed, a description of the removal method, and other disposal arrangements. The facility log/recordkeeping file shall be maintained according to Section 2.7.2 (Operation Inspection / Log/Recordkeeping File).
6. Within 30 days of discovery of the incident, submit a report to ADEQ as specified in Section 2.7.3.2 (Permit Violation and AL Status Reporting). Include a description of the actions performed in Subsections 1 through 5 listed above. Upon review of the report, ADEQ may request additional monitoring or remedial actions.
CONTINGENCY LANGUAGEFailures
In the event of liner failure, containment structure failure, or unexpected loss of fluid, the permittee shall take the following actions:
7. Within 60 days of discovery, conduct an assessment of the impacts to the subsoil and/or groundwater resulting from the incident. If soil or groundwater is impacted such that it could cause or contribute to an exceedance of an AQL at the applicable point of compliance, submit to ADEQ, for approval, a corrective action plan to address such impacts, including identification of remedial actions and/or monitoring, and a schedule for completion of activities. At the direction of ADEQ, the permittee shall implement the approved plan.
8. Within 30 days of completion of corrective actions, submit to ADEQ, a written report as specified in section 2.6.6 (Corrective Actions). Upon review of the report, ADEQ may amend the permit to require additional monitoring, increased frequency of monitoring, amendments to permit conditions, or other actions.
EXCEEDING ALERT / PERFORMANCE LEVELSDischarge monitoringFreeboardGroundwater monitoring •Pollutants with AWQS• Indicator parameters•Pollutants without AWQS – downgradient user protection (Narrative Standards)
POC water elevation
INDICATOR PARAMETERSADEQ Authority: A.R.S.§ 49-223.G and A.A.C. R18-9-A205.A.2For benefit of permittee in most cases•When monitoring parameters with numerical AWQS is not practical or economical
•Must demonstrate valid indicator of discharge•Talk to the ADEQ review team hydrologist
ALERT LEVELS FOR INDICATOR PARMSAppropriate if the parameter is likely to indicate the presence of a pollutant with an AWQS that is likely to be present in the discharge•Do not use if you are monitoring for parameters with AWQS and do not need it
•Used to reduce the number of parameters monitored for as part of routine groundwater monitoring
INDICATOR PARAMETERSADEQ includes indicator parameters/major cations and anions in all groundwater monitoring, regardless the type of facility• pH, iron, manganese, TOC, TDS, sodium, potassium,
calcium, magnesium, chloride, sulfate, alkalinity, specific conductance
Optional parameters should be discussed with the ADEQ project team• Temperature, carbonate, bicarbonate, TPH, gross alpha,
radium 226 + 228, cation/anion balance calculated
MONITORING GW FOR METALS TO DETERMINE COMPLIANCE WITH AWQS (0121.000 effective 5/9/1997)
ADEQ Authority: A.R.S.§§ 49-221.D & 244 and R18-11-406.B• Water quality standards shall be expressed in
numerical limitations or parameters, in addition to any narrative standards
• AWQS must be met at the Point of Compliance
• Rule lists numerical AWQS
METALS continued
The policy establishes the dissolved metals approach as an accepted method for analyzing the metals content in groundwater for comparison with AWQS• Focus is to determine what is moving in the
groundwater
• Arsenic, antimony, barium, beryllium, cadmium, chromium, lead, mercury, nickel, selenium, and thallium
• Does not apply to safe drinking water program (MCLs)
NARRATIVE STANDARDS POLICY STATEMENT (3010.000 effective 10/3/2003)
ADEQ Authority: A.R.S.§ 49-221.D“Water quality standards shall be expressed in terms of the uses to be protected and, if adequate information exists to do so, numerical limitations or parameters, in addition to any narrative standards which the director may deem appropriate.”
http://azdeq.gov/function/laws/
NARRATIVE STANDARDS POLICY STATEMENTADEQ Authority: A.R.S. § 49-243.K•Director may prescribe terms and conditions (monitoring requirements, ALs, other) as deemed necessary to ensure compliance with this article
2.6.2.3.3 Alert Levels to Protect Downgradient Users from Pollutants without Numeric Aquifer Water Quality Standards
NARRATIVE STANDARDS POLICY STATEMENTA.A.C. R18-11-405.A & C•Pollutant in discharge cannot endanger human health
•Pollutant in discharge cannot impair existing or reasonably foreseeable uses of water in an aquifer
NARRATIVE STANDARDS POLICY STATEMENTUsed when human health may be endangered or when foreseeable uses of an aquifer are threatened and no numeric AWQS exists for that pollutant•Additional “safety net” to protect groundwater•An alert level may be established to prevent any possible violations of the narrative AWQS for that APP
NARRATIVE STANDARDS
If ALs are applied, the following guidance is taken into account:1. Present or reasonably foreseeable uses of
water in the aquifer2. Knowledge of human health-based guidance
levels or some other risk- or user-based level for the pollutant
NARRATIVE STANDARDS
3. Concentration of the pollutant in the discharge and in ambient groundwater
4. Volume of the discharge5. Hydrogeologic conditions6. Potential fate of the pollutant in the aquifer
NARRATIVE STANDARDS If ADEQ determines to apply a narrative standard, a Use Protection Level (UPL) will be applied at the point of current or future use that is downgradient from the facility•ADEQ will seek an agreement with the applicant regarding contingency actions to prevent exceeding a narrative standard reflected by the UPL
•Any ALs will be set in a POC between the user and discharge
POC WATER ELEVATION ALERT LEVEL
POC replacement may be triggered if•Water elevations rise or fall outside of acceptable limits (report due in 30 days)
•Based on report findings, ADEQ may determine replacement POC is required
DL & AQL VIOLATIONS
Conduct verification samplingADEQ 5-day notificationADEQ 30-day reporting
EMERGENCIESDuty to respond (immediate)Hazardous or toxic dischargeNon-hazardous dischargeADEQ 24-hour notification (if conditions are met) Reporting for unauthorized discharges
CORRECTIVE ACTIONSAsk for optional language (Contingency Plan)
REPORTING REQUIREMENTS (10 years)
SMRFLog Book (inspections, operational, etc.)Permit Violation and AL StatusOther (annual, 5-year PCCZ, etc.)Reporting frequenciesChanges to facility information (10 days)
TEMPORARY CESSATION
Notify ADEQ if cessation to last 60 or more daysReport to ADEQ every 3 years while in cessationInspections and monitoring must continue
CLOSURE
Notify ADEQ of any permanent closure of any permitted facilitySubmit closure plan within 90 days of notificationUpon completion of closure activities, submit report for ADEQ final closure determination
POST-CLOSURE
If clean closure is not met, post-closure requirements will be establishedHighly recommend negotiating requirements with ADEQ and submitting backup documentationOnce met, permit release is possible
COMPLIANCE SCHEDULE
Negotiate terms with ADEQTry to negotiate entries that do not require an amendment (plan ahead)Insert reference date for tracking purposes
TABLES OF MONITORING REQUIREMENTS
Pre-operationalCompliance (or Operational)Contingency
REFERENCES
Used for APP tracking and associated documentsEach amendment detailed with datesPublic participation documented
NOTIFICATION PROVISIONS
Reminders of certain APP requirements and notificationsDuty to modify the APP
ADDITIONAL PERMIT CONDITIONS
Correct failures to submit required information, permit facts, etc. ASAPSeverability clausePermit transfer
