Current through Register Vol. 47, No. 17, September 10, 2024
(1)
Monitoring requirements are established by this Control Regulation to evaluate
the effectiveness of this control regulation and to determine the sources and
load of nutrients at selected locations, and eventual implementation of
appropriate and necessary source controls.
(2) Point Source Monitoring - Process
Wastewater Dischargers
(a) Applicability. The
requirements of this section apply to all DWWTW including federal facilities,
and to any non-domestic dischargers in SIC Major Category 20 or that are
identified by the division pursuant to section 85.5 , except that facilities
that are excluded from effluent limits as described in Section 85.5 are only
required to conduct effluent monitoring as described below in Section 85.6 .
Facilities that discharge to lakes may have modified monitoring
requirements.
(b) Nutrient
Monitoring Program: Facilities identified in subsection (2)(a), above, shall
develop, implement, and document a routine water quality monitoring program.
The monitoring program shall be designed to characterize the load (coincident
flow and concentration) of nutrients in the discharge, the concentrations in
the receiving water above the discharge, and the load of nutrients at selected
locations in the rivers and streams below the discharge. The monitoring program
shall include the following information:
(i)
Effluent Monitoring:
(A) Locations: Sampling
for nutrients is required in the effluent before it is discharged into the
receiving water body at the location where monitoring is performed to satisfy
other CDPS and NPDES permit requirements.
(B) Parameters: At a minimum, sufficient data
shall be collected to calculate TN, TIN, and TP load. Samples of treated
effluent shall be analyzed for total nitrogen (or the components to calculate
total nitrogen such as total Kjeldahl nitrogen plus nitrate-nitrite) and total
phosphorus (or the components to calculate total phosphorus). Daily average
effluent discharge shall be collected at the same time as the nutrient
concentrations are measured.
(C)
Frequency: Samples shall be collected a minimum of six times a year (every two
months) for minor discharges and monthly for major discharges. Should there be
no discharge due to the plant being offline or other reasons, zero discharge
will be reported for that monitoring event.
(ii) Stream Nutrient Monitoring:
(A) Locations: Sampling for nutrients is
required in the receiving water body:
* upstream of the discharge; and
* at the closest active Colorado Division of Water Resources
or United States Geological Survey (USGS) gaging station with daily flow
available throughout the year downstream of the discharge's mixing zone;
or
* In lieu of the closest downstream Division of Water
Resources or USGS gaging station, facilities may take part in collaborative
watershed-based monitoring efforts if the parameters and frequency follow
sections (B) and (C) below.
(B) Parameters: At a minimum, samples shall
be analyzed for total inorganic nitrogen, total nitrogen (total Kjeldahl
nitrogen plus nitrate-nitrite, or the components to calculate total nitrogen)
and total phosphorus (or the components to calculate total phosphorus). Daily
streamflow record will be collected where an established gaging station is
present. Where an established gaging station is not available, an alternative
streamflow calculation methodology may be approved by the division.
(C) Frequency: Samples shall be collected a
minimum of six times a year (every two months) for minor discharges and monthly
for major discharges.
(iii) Lake/Reservoir Monitoring:
RESERVED
(iv) Timing: Entities
shall commence data collection no later than March 1, 2013. Data collection
will continue through December 31, 2027.
(3) Data Quality Requirements
(a) The entities collecting the samples will
document, and make publicly available the sampling methods, analytical methods,
method detection limits, required field condition and physical parameters to be
recorded at each sampling event, and quality control and quality assurance
protocols in a sampling and analysis plan.
(b) The information required under subsection
(a) above, may be evaluated by the division for compatibility with the
objectives of this section. Where the division identifies deficiencies in the
protocols/methods being used to meet the objectives of subsection (a) above,
the entities shall make appropriate revisions such that the division-identified
deficiencies are addressed.
(c) All
sampling and analysis shall be performed by the entities according to specified
methods in 40 C.F.R. Part 136 ; methods approved by EPA pursuant to 40 C.F.R.
Part 136 ; or methods approved by the division. The analytical method for all
ambient monitoring conducted in accordance with this regulation shall be
capable of reporting results at or below the following method detection limits
(MDL):
Total Phosphorus
|
0.01 mg/L
|
Nitrate + Nitrite
|
0.02 mg N /L
|
Total Kjeldahl Nitrogen
|
0.1 mg N /L
|
Total Nitrogen
|
0.1 mg/L
|
All results above the MDL must be reported for ambient
samples. The analytical method for all effluent monitoring conducted in
accordance with this Regulation shall be capable of reporting results at or
below the practical quantitation limit (PQL)
(d) The permittee shall submit a
certification to the division that the sampling and analysis plan is in place
and that monitoring is taking place. This certification is due to the division
by 6 months after permit issuance or by March 2013 if the permit was in place
prior to March 2013.
(4)
Nonpoint Source and Unpermitted Point Source Monitoring
(a) Entities responsible for nonpoint sources
and unregulated point sources of nutrients are encouraged to monitor and assess
surface water resource quality as identified in Section 85.6 to determine the
extent and magnitude of nutrient impacts. In addition, the commission
recognizes state water conservation, water conservancy, and special irrigation
districts as entities that monitor and assess surface water resource quality
and encourages making this data publicly available for use in nonpoint source
management efforts.
(b) The
division shall collaborate with these entities in developing and implementing a
nutrients nonpoint source monitoring program to meet the requirements of this
control regulation.
(c) Future
monitoring activities are encouraged to coordinate with point source nutrient
monitoring, the Colorado Agricultural Chemicals Program, and other relevant
local, state, and federal monitoring efforts.
(d) The responsible entities are encouraged
to identify potential funding sources and pursue options for monitoring in
areas that do not have a current or future nutrient monitoring
program.
(5)
Availability and Reporting of Data
All data collected under Section 85.6 shall be maintained by
the facility for 5 years after submission in an electronic form. All data
collected pursuant to this control regulation shall be submitted to the
division by April 15th of each year. The submission shall include geographic
location of sampling, CDPS or NPDES permit number (if appropriate), name and
identification of the stream flow gage, as follows:
(a) In electronic data deliverable as
specified for receipt by the division; or
(b) Electronic submission to an alternative
publicly available data repository. If this option is selected, the facility
must notify the division by April 15 and the division will make all relevant
data accessible to the public.