Working with more than 95 community wastewater treatment agencies to protect Oregon's water. 107SE Washington, Suite 242 ^. Portland, Oregon 97214

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1 Oregon association of CLEAN WATER agencies Working with more than 95 community wastewater treatment agencies to protect Oregon's water Bill Blosser, Chair Enviroimiental Quality Commission 811 SW Sixth Avenue Portland, OR Re: Oregon Temperature Standard Chair Blosser and Members of the Commission: 107SE Washington, Suite 242 ^. Portland, Oregon August 20b (503) The is a private, not-for-profit association of Oregon's wastewater treatment and storm water management agencies, along with associated professionals. Our 127 statewide members are dedicated to protecting and enhancing Oregon's water quality. Our members range in size from the City of Riddle (pop. 1,185) to the City of Portland (pop. 593,800). ACWA members have been actively engaged in the discussions of the Oregon temperature standard since the Triennial Water Quality Standards Review process. We represent 90% of the domestic major wastewater treatment plants in Oregon and many of the minor discharge permit holders. Our members provide sewer services to 62% of Oregon's households and businesses. Due to Oregon's land use planning laws, the majority of businesses in Oregon discharge to our treatment plants. Oregon's economy depends on sewer services. ACWA's members are committed to working with the Commission and DEQ to implement a sustainable, efficient approach to TMDLs that improves water quality in Oregon's rivers and streams, while minimizing the increased power consumption and costs to Oregon's households and businesses. Temperature Issues for Wastewater Treatment Plants To assist our members in temperature compliance activities, ACWA retained the services of Carollo Engineering to develop an ACWA Temperature Manasement Plan Guidance Manual for our members. This project, completed in June of 2000, outlined the sources of temperature at treatment plants, and evaluated a number of best management practices. A copy of the Temperature Management Plan Guidance Manual is posted on the ACWA web site at -.^,.Orgson Association of Clean Water Agencies,. Stephani ^^^ -^g9jjg,t pi^cussion - 8>w} "^'^ Belknap Williamson, Vice Chair Page \ Michelle Cahill, Secretary/Treasurer recycled paper please recycle

2 This report indicates that the sources of temperature at municipal treatment plants is incoming hot water - - our customers taking hot showers and washing their dishes and clothes - - not heat added during the treatment process. The Manual evaluated a number of Best Management Practices (BMPs) for reducing heat at the treatment plant discharge. For some POTWs now facing numeric temperature standards, the only system that will guarantee compliance with the applicable water quality standards are mechanical chillers. ACWA members are strongly opposed to mechanical chillers due to the energy and envirormiental impacts of these systems and the expense. The 2001 Tualatin River TMDL included stringent thermal load allocations for Clean Water Services' Rock Creek and Durham Advanced Wastewater Treatment Facilities (AWTFs). In response to the TMDL, Clean Water Services evaluated a number of technologies to reduce the thermal load from these two facilities. Mechanical cooling (i.e. chillers) was the only available technological option that would have enabled Clean Water Services to meet the thermal load allocations in the TMDL. The estimated capital cost for a mechanical cooling system was $150 million with annual operating costs of $6 million for the two facilities. Clean Water Services concluded that the technology based solution was not only cost prohibitive but resource intensive as well (i.e. very high energy use). Clean Water Services proposed to offset its thermal load with a trading program that consisted of stream flow augmentation and riparian plantings. Clean Water Services believed that thermal load trading program with stream flow augmentation and riparian plantings would not only offset the thermal load from its treatment facilities but would also enhance overall watershed health. Temperature Compliance Options for POTWs An initial screening analysis conducted by ACWA indicates that 50-60% of the major domestic treatment plants carmot meet the numeric criteria with the human use allowance of 0.3 C at the edge of the mixing zone. This is a very quick analysis and more details are needed, but generally the review indicates that the treatment plants with challenges in meeting the numeric criteria are generally distributed throughout Oregon on streams with limited summer flow. No similar screening analysis has been completed on the potential impacts to domestic minor wastewater treatment plants. It is important to remember that Oregon rivers and streams will not meet the numeric temperature standards even if all municipal domestic discharges were eliminated. Challenges for Wastewater Agencies Meeting the numeric temperature standard adds to a number of water quality-related challenges for Oregon municipal and district wastewater agencies. These include: Predictability - As utilities, wastewater agencies plan on a twenty year cycle. The lack of predictability of the appropriate temperature water quality standard since the 1996 standard was originally promulgated makes adequate wastewater facility plarming very difficult. Page \2

3 Rate Impacts - There is little remaining flexibility in some Oregon sewer utility rates after investing in wet weather controls. Some communities have installed and maintain expensive nutrient removal systems to meet TMDL requirements. Economic Development Impacts - As Oregon's economy continues to improve, new businesses will most likely locate in areas served by existing sewers, due to the ease of permitting and Oregon's land use planning laws that protect agriculture and forest land. Utilities are being put in a difficult position of not being able to accommodate even small amounts of heat load into their systems, even when proposed projects bring local jobs. Financial Impact - Oregon utilities have been responding to DEQ's wet weather control rules (requiring them to reduce sanitary sewer overflows to specific winter and summer flows by January, 2010) by spending over $1.5 billion in the past 10 years on treatment plant expansion, pump station improvements, and pipe rehabilitation. This excludes the investment by Oregon's three CSO communities - Portland ($1.4 billion), Corvallis ($35 million) and Astoria (estimated at $39 million). Growth Impacts - With Oregon's land use planning system, new growth in Oregon is specifically targeted to communities and cities with existing sewer systems, not on rural lands. Recommendation ACWA has been engaged with DEQ and the Commission over many years on the temperature standard. After substantial consideration, ACWA recommends that the EQC direct the Department to develop a comprehensive temperature strategy that includes: 1. Moving forward with NPDES permit renewals The growing NPDES permit backlog is not workable. DEQ staff should develop a strategy that incorporates pre-tmdl conditions applying the numeric criteria at the edge of the mixing zone with the Human Use Allowance of 0.3 C. For some communities, alternative compliance strategies will be needed. 2. Preserving and promoting water quality trading The Clean Water Services and City of Medford NPDES permits demonstrate that water quality trading is better for the environment and better for the economy than mechanical systems. Many municipalities around Oregon are interested and actively pursuing water quality trading. 3. Ensuring flexibility and adequate planning horizons to include natural treatment systems and consideration of other pending water quality standards compliance issues Numeric temperature water quality standards are only one of the permitting challenges facing Oregon municipal permit holders. Utilities must also plan for implementing the nation's most stringent toxic human health standards, some set at concentrations below that allowed in the nation's food and drinking water. Some streams may have nutrient issues. Additionally, we anticipate that EPA soon will Page \3

4 dramatically reduce the recommended ammonia criteria to protect freshwater mussels. Overall, communities must be given adequate time to incorporate a multi-parameter compliance system into facility planning. Instead of tackling permits and issues on an individual basis, DEQ should develop a strategic approach to ensure there is no inadvertent backsliding issues incorporated into NPDES permits. 4. A focus on updating each natural condition TMDL with an Implementation Ready TMDL Our understanding is that discussions on the TMDL lawsuit settlement are underway. The Department should be considering offering a settlement agreement that promotes the use of Implementation Ready TMDLs to resolve temperature TMDLs based on natural thermal conditions. Continuing to promote Implementation Ready TMDLs is consistent with the EQC direction to the Department as part of the human health-related water quality standards. Using an Implementation Ready TMDL approach will update the obligations of nonpoint sources in an on-the-ground maimer and balance the pollution reduction obligations between nonpoint and point sources. This will also provide reasonable assurance for meeting water quality standards, an important issue for point source dischargers. Using an Implementation Ready TMDL approach to updating the existing natural condition temperature TMDLs will also clarify water quality trading opportunities in each basin. Revising the Natural Conditions Provision of the Oregon Standard ACWA does not believe revising the natural conditions provision of the Oregon standard would be useful at this time. With limited resources, DEQ staff, nonpoint groups, and permitted sources should focus on developing and implementing the overall strategy described above. Any attempt to revive a natural conditions standard is a very long, complex process involving national debate that will drain DEQ's resources without resolving the issues faced by DEQ. ACWA recommends that limited revisions to the standard should be considered in response to EPA's action, with a focus on clarifying the permitting strategy for NPDES permit holders. Information Necessary to Inform Strategic Plan Development P II ge \4

5 Basing requirements on both strong science and current data is critical as the ramification impacts increase. Specific information will be needed to develop the temperature strategic plan development including: Evaluating the potential for major and minor NPDES permit holders to reach numeric temperature criteria, along with possible compliance options: Possible municipal compliance options include diffuser improvements; mixing zone updates; developing natural treatment systems including wetlands, recycled water systems, and poplars; considering hyporheic discharge; promoting water quality trading; increasing water availability through options like purchasing irrigation water rights or increasing stored water releases (limited); and pursuing variances. Inventory of temperature-related TMDLs: A comparison of natural condition criteria developed in the temperature TMDLs to numeric criteria is needed. Inventory of specific basins with changed conditions since TMDLs were set that need attention For example, on the Willamette River, the adopted TMDL was litigated and a settlement must be fulfilled. Since the TMDL was adopted, two pulp & paper mills closed and their heated discharges have been removed from the River. An ACWA member purchased the treatment ponds and discharge system for one pulp & paper mil in order to utilize the available heat load allocation. In addition to this approach, DEQ could consider ways to re-allocate wasteload allocations amongst multiple existing discharges when allocations become applicable. With this information, the Department could engage all stakeholders to develop an overall strategy and schedule. Moreover, this same approach may serve as a model for addressing other pollutants of concern for which natural conditions criteria are no longer available. ACWA and its members are ready to assist the Department in this effort in any way possible. Community Specific Examples Some specific examples from selected Oregon communities may be helpful to the Commission in understanding our desire to have a larger temperature compliance strategy crafted: Clean Water Services - To respond to its rapidly growing chies and accommodate the industrial expansion of Oregon's largest industries such as Intel, Clean Water Services has designed a natural treatment system to compliment its existing treatment plant in Forest Grove. The Fern Hill wetlands will naturally cool wastewater and provide additional treatment for nutrients, metals, and emerging contaminants. If the existing temperature standard prevents the Fern Hill wetland project from being included as part of Clean Water Services' watershed permit, it will be difficult to accommodate the anticipated growth at the two larger existing facilities. Rock Creek EQC Temperature Discussion ~ 8/2013 Page I 5

6 and Durham. The additional environmental and water quality benefits of the Fern Hill wetlands project will not be realized. Corvallis - The City of Corvallis started plarming efforts to meet the temperature standard and Willamette temperature TMDL in In partnership with its community's desire to focus on natural - - not mechanical - - solutions, Corvallis has designed a treatment program that will provide recycled water to a nearby golf course - - preserving existing groundwater supplies currently used for irrigation - - and to develop a 30-acre wetland treatment system with community amenities, and further treat and cool the water with hyproheic discharge. A tree planting project for water quality trading is also envisioned. The treatment program was designed to use natural systems to treat a variety of water quality pollutants. This $15 - $20 million project is now 'on hold' while the temperature-end point is debated by EPA and DEQ. Clackamas County Water Environment Services - With its two major treatment plants land-locked by major highways and freeways, close proximity to the Clackamas and Willamette Rivers, nearby housing projects, and a large closed landfill, WES purchased the treatment lagoons from a former pulp and paper mill near its Tri-City plant and has committed $6 million to mitigating contamination at the site and preparing to utilize the outfall and NPDES permit to help meet temperature and other discharge requirements. This investment will be stranded if an interim solution that allows NPDES permits to move forward cannot be crafted. A variety of water quality improvements are planned with updated NPDES permits. Metropolitan Wastewater Management Commission (MWMC) - The MWMC facility serves Eugene, Springfield, and the urbanized portions of Lane County. It is the second largest treatment plant in the state, and discharges in the upper reach of the Willamette River. The community is currently in the midst of a 20-year $200 million capital improvement project to address wet weather and temperature issues. MWMC has designed an additional $14 million project to address temperature issues and has a contract with The Freshwater Trust for water quality trading projects. Despite its substantial investments, MWMC estimates it may not be able to meet the 1996 criteria and the biological criteria. To comply with the standard, MWMC estimates it may have to divert a substantial portion of its daily flow during salmon rearing months. City of Wilsonville - In designing its improved and upgraded treatment plant as a design/build/operate facility, Wilsonville included compliance with the Willamette TMDL and the NPDES permit wasteload allocation in the bid and contracting documents. In order to meet TMDL limits included in the City's current NPDES perm, the proposed design included the installation of multiple cooling towers. However, DEQ may be able to find some flexibility to meet the existing heat-related permit requirements, and Wilsonville is now working with The Freshwater Trust on a water quality trading program. EQC Temperature Discussion - 8/20J 3 Page \6

7 Summary Oregon's saga with temperature water quality standards continues. We recommend the EQC direct the Department to develop a more comprehensive approach as soon as possible to resolve temperature and temperature TMDL issues. ACWA's membership has significant concerns about an approach by DEQ of attempting to deal with the present temperature issue by considering and modifying each permit individually. ACWA members stand ready to assist in this effort in any way possible. Very truly yours, Executive Director cc: Dick Pedersen, Oregon DEQ Greg Aldrich, Oregon DEQ ACWA Board P a ge I 7