[D] Addendum_A,_B,_C_-_Maryland_Department_of_the_Environment.pdf

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Attached to
Laboratory Monitoring Services
Solicitation number
BPM056111
Issued by
Cecil County, Maryland

About this file

This is an addendum document issued by the Maryland Department of the Environment (MDE) that establishes biomonitoring program requirements for wastewater effluent testing at industrial and municipal facilities. The document presents three appendices (A, B, and C) that define biomonitoring protocols based on varying levels of environmental concern and effluent flow rates relative to receiving water low flow conditions. Each appendix requires the permittee to submit a study plan for MDE approval within three months of the permit's effective date. The study plan must address wastewater variability, sampling procedures, test organism sourcing, dilution water sources, experimental design, data analysis, quality assurance/quality control procedures, report preparation, and testing schedules. For industrial facilities operating under Appendix A (significant concern with effluent flow greater than 10%), definitive quarterly chronic testing must be conducted for one year, while municipal facilities must complete four years of annual chronic testing events during January or February. For Appendix B conditions (significant concern with effluent flow less than 10%), the program requires three quarters of acute testing and one quarter of chronic testing over one year for industrial facilities, or four annual testing events for municipal facilities. Appendix C (lower concern with effluent flow greater than 10%) requires only two acute testing events conducted three months apart. Test organisms vary by receiving water type: freshwater facilities use fathead minnow and Ceriodaphnia or daphnid species, while estuarine facilities use sheepshead minnow or silverside species combined with mysid shrimp.

All biomonitoring samples must be collected simultaneously with samples analyzed for effluent limitations, with 24-hour flow-proportioned composite sampling required unless MDE approves an alternative method. For chlorinated effluents, samples must be collected after dechlorination. Test results must be submitted to MDE within one month of completion and reported according to MDE/WMA "Reporting Requirements for Effluent Biomonitoring Data" (3/21/03), with results expressed as NOEC, LOEC, ChV, and IC25 for chronic tests and LC50 for acute tests. If two consecutive valid toxicity tests show toxicity levels meeting defined thresholds, the permittee must repeat testing within 30 days to confirm findings. If toxicity is confirmed, the permittee must eliminate the source through operational changes within three months or perform a Toxicity Reduction Evaluation (TRE). Unacceptable toxicity confirmed through TRE results in implementation of a Whole Effluent Toxicity (WET) permit limit with a three-year compliance deadline unless six follow-up quarterly tests demonstrate no toxicity. Testing protocols must follow EPA documents referenced in each appendix, and MDE may require new testing if plant operations change significantly or if significant industrial users locate within the service area. All biomonitoring materials must be submitted to the Maryland Department of the Environment Water Management Administration Compliance Program at 1800 Washington Boulevard, Suite 420, Baltimore, MD 21230-1708.

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Appendix A BIOMONITORING PROGRAM {Significant concern and effluent How is greater than I0% of the receiving water low How)

A Within three months of the effective date of the penni the permittee shall submit to the Department for approval a study plan to evaluate wastewater toxicity at Outfall by using biomoniloring. The study plan should include a discussion of:

a. wastewater and production variability

b. sampling & sample handling

c. source & age of test organisms

d. source of dilution water

e. testing procedures/experimental design

r. data analysis

g. quality assurance/quality control

h. report preparation

i. testing schedule

1. For industrial facilities:

The testing program shall consist of definitive quarterly chronic testing for one year. This testing shall be initiated no later than three months following the Department’s acceptance of the study plan.

For municipal facilities:

The testing program shall consist of four quarters of definitive annual chronic testing. The testing events shall be conducted annually during January or February of each of the first four years after approval of the study plan. This testing shall be initiated no later than the January or February following the Department's acceptance of the study plan.

For Freshwater Receiving Stream

Each annual testing event shall include the Ceriodgphnia survival and reproduction test and the fathead minnow larval survival and growth test.

For EstWlrine Receiving Stream

Testing shall include the sheepshead minnow (Cyprlnodon variegatus) or inland silverside (Menidio beryllino) larval survival and growth tests and mysid shrimp (Americamysis bahia AKA Mysidopsis bahiaJ survival, growth, and fecundity tests. Testing must include one vertebrate species and one invertebrate species.

Test results shall be expressed as NOEC, LOEC, ChV, and IC2s,

2. The samples used for biomonitoring shall be collected at the same time and location as the samples analyzed for the effluent limitations and monitoring requirements for this outfall. For chlorinated effluents, samples shall be collected after dichlorination. The perminee shall collect 24-hour flow- proportioned composite samples unless the

Name of Guidance: Emuent Biotoxlcity Tesllnq Pmtocol For Industrial And Municipal Effluents

The department has given prior approval of an alternative sampling type.

3. The following EPA document discusses the appropriate methods:

Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms Fourth Edition, EPA-821- R-02-013 1

October 2002

For Estuarine Receiving Stream

Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms Third Edition, EPA-821-R- 02-014, October 2002

4. Test results shall be submitted to the Department within one month of completion of each set of tests.

5. Test results shall be reported in accordance with MDE/WMA "Reporting Requirements for Effluent Biomonitoring Data," 3/21/03.

6. As a minimum, the reported chronic results shall be expressed as NOEC, LOEC, ChV, and IC::is,

7. If a 50% mortality or greater occurs in one or more effluent concentrations during the first 48 hours of the chronic tests, 48-hour LCsos shall be calculated and reported along with the chronic results

8. lftesting is not performed in accordance with MOE-approved study plan, additional testing may be required by the Department.

9. If the test results of any two consecutive valid toxicity tests show acute or chronic toxicity (LCso equal to or less than I 00% for acute tests and an IC25 equal to or less than the in stream waste concentration for chronic tests), the permittee shall repeat the test within 30 days to confirm the findings of acute or chronic toxicity. Intermittent toxicity or other concerns may require additional testing or limits. If acute and/or chronic toxicity is confirmed, the pennittee shall:

a. Eliminate the source of toxicity through operational changes as soon as possible but in any case, not longer than within three months, or

b. Perfonn a TRE. If the pennittee repeats the toxicity testing as stated above and the results of the repeat test do not confinn the acute or chronic toxicity, the Department will require the permitted to repeat the toxicity testing as

Name of Guidance: Emuent Biotoxicity Teslinq Protocol For Industrial And Municipal Emuents stated above to reconfinn a finding of no acute or chronic toxicity. After reconfinnation, the pennittee shall comp]ete any remaining quarterly testing required.

I 1. If the pennitlec completes a TRE in accordance with 11.E. IO.band unacceptable toxicity is confined, a Whole Effluent Toxicity {WET) pennit limit and a compliance schedule will be required.

12. To address federal NPDES requirements for WET testing and limits, MDE shall implement pennit limits in a new or renewal permit when a WET test result shows reasonable potential for toxicity un]ess it can be demonstrated that the source of toxicity has been eliminated, inappropriate test procedures were utilized, or the source has been controlled via a chemical specific pennit limilntion. Where reasonable potential has been assumed based on one test result, the pennit shall include a WET Jimit effective within three years unless the effluent shows no toxicity in six follow-up quarterly tests. The permit may be modified to remove the WET limit if the six follow-up quarterly tests show no toxicity.

13. 1f plant processes or operations change so that there is a significant change in the nature of the wastewater, the Department may require the pennittce lo conduct n new set of tests.

• 14. If a significant industrial user locates within the service area so that significant change in the nature of the wastewater might be anticipated, MDE may require the pennittee to conduct a new set of tests.

I 5. Submit all Biomonitoring related materials to:

Maryland Department of the Environment Water Management Administration

Compliance Program 1800 Washington Blvd., Suite 420

Baltimore, MD 21230-1708

•omit for industrial facilities

Appendix B BIOMONITORING PROGRAM (Significant concern and effluent flow is less than I0% or the receiving water low flow)

I. Within three months of the effective date of the pennit, the pennittee shall submit to the Department for approval a study plan to evaluate wastewater toxicity at Outfall by using biomonitoring. The study plan should include a discussion of:

a. wastewater and production variability

b. sampling & sample handling

c. source & age of test organisms

d. source of dilution water

e. testing procedures/experimental design

f. data analysis

g. quality control/quality assurance

2. For industrial facilities:

The testing program shall consist of definitive quarterly testing for one year. Three of the quarters shall have acute testing and one of the quarters shall have chronic testing. This testing shall be initiated no later than three months following the Department's acceptance of the study plan.

For municipal facilities The testing program shall consist of definitive testing for four annual testing events.

Three of the events shall have acute testing and one of the events shall have chronic testing. The testing events shall be conducted annually during January or February of each of the first four years after approval of the study plan. One of these first two testing events shall include the chronic tests. This testing shall be initiated no later than January or February following the Department's acceptance of the study plan.

For Freshwater Receiving Stream

a. The acute testing shall consist of 48-hour static renewal tests using fathend minnow and the 48-hour static renewal tests using a daphnid.

b. The chronic testing shall include the Ceriodaphnia survival and reproduction test and the fathead minnow larval survival and growth test.

c. Acute test results shall be expressed as LCso- Chronic test results shall be expressed as NOEC, LOEC, ChV, and IC25.

Name of Guidance: Effluent Biatoxicity Testing Protocol For Industrial And Munfcipal Effluents

a. The acute testing shall consist of 48-hour static renewal tests using either sheepshead minnows (Cyprinodon variegatus ), silversides (Menidia beryl/ina , Mcmidia menidia, Menidia peninsulae) and mysid shrimp (Americamysis bahia A.K.A. Mysidopsis bahia J. Testing must include one vertebrate species and one invenebmte species

b. The chronic testing shall include the sheepshead minnow (Cyprinoclon variegatus> or inland silverside (Menidia beryllina) larval survival and growth tests and mysid shrimp (Americamys;s bahia AKA Mysidopsis bahia) survival, growth, and fecundity tests. Testing must include one vertebrate species and one invertebrate species

c. Acute test results shall be expressed as LC50. Chronic test results shall be expressed as NOEC, LOEC, ChV, and IC25•

3. The samples used for biomonitoring shall be collected at the same time and location as the samples analyzed for the effluent limitations and monitoring requirements for this outfall. For chlorinated effluents, samples shall be collected after dechlorination. The pennittee shall collect 24-hour now- proportioned composite samples unless the Department has given prior approval of an alternative sampling type.

4. The following EPA documents discuss the appropriate methods:

a. Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, Fifth Edition, EPA-821-R-02-012, October

b. Short-term Methods for Estimating the Chronic Toxicity of Effluents and

Receiving Waters to Freshwater Organisms Fourth Edition, EPA-82l-R-02-013, October, 2002

F r Estugrjne Receiving Stream

a. Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, Fifth Edition, EPA-821-R-02-012, October

b. Short-term Methods for Estimating the Chronic Toxicity of Effluents and

Receiving Waters to Marine and Estuarine Organisms Third Edition, EPA-821-R O2-014, October 2002

5. Test results shall be submitted to the Department within one month of completion of each

Name of Guidance: Effluent Blqtoxlcity Testing Protocol For Industrial And Municipal Effluents

6. Test results shall be reported in accordance with MDE/WMA "Reporting Requirements for Effluent Biomonitoring Data," 3/21/03.

7. As a minimum, the reported chronic results shall be expressed as NOEC, LOEC, ChV, and IC2s,

8. If a 50% mortality or greater occurs in one or more effluent concentrations during the first 48 hours of the chronic tests, 48-hour LCsos shall be calculated and reported along with the chronic results.

9. If testing is not performed in accordance with MOE-approved study plan, additional t 0. If the test results of any two consecutive valid toxicity tests show acute or chronic toxicity (LCso equal to or less than I 00% for acute tests and an IC25 equal to or less than the in-stream waste concentration for chronic tests), the permittee shall repeat the test within 30 days to confirm the findings of acute or chronic toxicity. Intermittent toxicity or other concerns may require additional testing or limits. If acute and/or chronic toxicity is confirmed, the permittee shall:

a. Eliminate the source of toxicity through operational changes as soon as possible but in any case not longer than within three months, or

b. Perform a TRE. If the perminee repeats the toxicity testing as stated above and the results of the repeat test do not confirm the acute or chronic toxicity, the Department will require the permittee to repeat the toxicity testing as stated above to reconfirm a finding of no acute or chronic toxicity. After reconfirmation, the perminee shall complete any remaining quarterly testing required.

11. If the permittee completes a TRE in accordance with IJ.E.10.b and unacceptable toxicity is confirmed, a Whole Effluent Toxicity (WET) permit limit and a compliance schedule will be required.

12. To address federal NPDES requirements for WET testing and limits, MDE shall implement permit limits in a new or renewal permit when a WET test result shows reasonable potential for toxicity unless it can be demonstrated that the source of toxicity has been eliminated, inappropriate test procedures were utilized, or the source has been controlled via a chemical specific permit limitation. Where reasonable potential has been assumed based on one test result. the permit shall include a WET limit effective within three years unless the effluent shows no toxicity in six follow-up quarterly tests. The

Name of Guidance: Emuent BiolqKicily Testing Pmlocol For Industrial And Municipal Effluents

11. If plant processes or operations change so that there is a significant change in the nature of the wastewater, the Department may require the pennittcc to conduct a new set of tests.

"'14. If a significant industrial user locates within the service area so that significant change in the nature of the wastewater might be anticipated, MDE may require the pennittee to

15. Submit all Biomonitoring related materials to:

Compliance Program

B11ltimore, MD 21230-1708

"'omit for industrial facilities

Appendix C BIOMONITORING PROGRAM flower concern and effluent now is greater than 10% Of the recejying water low flow)

1. Within three months of the effective date of the pennit. the pennittee shall submit to the

Department for approval a study plan to evaluate wastewater toxicity at Outfall by using biomonitoring. The study plan should include a discussion of:

a. wastewater and production variability

b. sampling & sample handling

c. source &. age of test organisms

d. source of dilution water

e. testing procedures/experimental design

f. data analysis

g. quality control/quality assurance

2. The testing program shall consist of two definitive acute testing events. three months apart. This testing shall be initiated no later than three months following the Department's acceptance of the study plan.

Each of the two testing events shall include a 48-hour static renewal test using fathead minnow and a 48-hour static renewal test using a daphnid species.

a. The testing shall consist of 48-hour static renewal tests using either shccpshead minnows (Cyprlnodon variegatus ), silversides (Menidia beryl/ina, Menidia menidia, Menidfa peninsttlae) and mysid shrimp (Americamysis bahia A.K.A.

Mysidopsis bahiaJ. Testing must include one vertebrate species and one invertebrate species

b. Test results shall be expressed ns LCso.

3. The samples used for biomonitoring shall be collected at the same time and location as the samples analyzed for the effluent limitations and monitoring requirements for this outfall. For chlorinated effluents, samples shall be collected after dechlorination. The pennittee shall collect 24•hour flow-proportioned composite samples unless the Department has given prior approval ofan alternative sampling type.

4. Testing shall be conducted in accordance with the procedures described in Methods for

M easuring the Acute Toxicity ofEffiuents and Receiving Waters to Freshwater and

Marine Organisms. Fifth Edition, EPA-821-R-02-012, October 2002

5. Test results shall be submitted to the Department within one month of completion of each

6. Test results shall be reported in accordance with MDE/WMA 0 Reporting Requirements for Effluent Biomonitoring Data.'' 3/21/03.

7. lflesting is not performed in accordance with MOE-approved study plan. additional

8. If the test results of any two consecutive valid toxicity tests conducted within any 12-month period show acute toxicity (LCso equal to or less than 100%) the pennittee shall repeat the test within 30 days to confirm the findings of acute toxicity. If acute toxicity is confirmed, the permittee shall:

a. Eliminate the source of toxicity through operational changes as soon as possible but in any case not longer than within three months. or

b. Perform a TRE. If the pennittee repeats the toxicity testing as stated above and the results of the repeat test do not confirm the acute toxicity, the Department will require the pennittee to repeat the toxicity testing as stated above to reconfirm a finding of no acute toxicity. After reconfirmation, the permittce shall complete any remaining quarterly testing required.

9. If the permittee completes a TRE in accordance with 11.E.8.b and unacceptable toxicity is confirmed, a Whole Effluent Toxicity (WET) pennit limit and a compliance schedule will be required.

l O. To address federal NPDES requirements for WET testing and limits, MOE shall implement pennit limits in a new or renewal permit when a WET test result shows reasonable potential for toxicity unless it can be demonstrated that the source of toxicity has been eliminated, inappropriate test procedures were utilized, or the source has been controlled via a chemical specific permit limitation. Where reasonable potential has been assumed based on one test result, the pennit shall include a WET limit effective within three years unless the effiuent shows no toxicity in six follow-up quarterly tests. The

11. If plant processes or operations change so that there is a significant change in the nature of the wastewater. the Department may require the permittee to conduct a new set of tests.

*t 2. If a significant industrial user locates within the service area so that significant change in the nature of the wastewater might be anticipated, MOE may require the permittec to

13. Submit all Biomonitoring related materials to:

Compliance Program

Baltimore, MD 21230-1708

•omit for industrial facilities

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