1 Variance review Process & Coordination with State Processes


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1) Variance review Process & Coordination with State Processes

  • 1) Variance review Process & Coordination with State Processes

  • 2) Reevaluation of TDS Criterion

  • 3) Update on bacteria & temperature criteria.

  • 4) Schedule for Next Triennial Review

  • Note: Report of the PCS Committee attached to Commission Meeting agenda.




A draft process was in place through the PPG variance process.

  • A draft process was in place through the PPG variance process.

  • Plan was to finalize after PPG evaluation completed.

  • TEC requested that it be coordinated with states’ processes.

    • IN & OH have streamlined mercury variance processes approved by Region 5.
  • Note: There is also variance language contained in the standards.



Background – how the variance fits into the standards (only allowed to mixing zone and wastewater discharge requirements sections).

  • Background – how the variance fits into the standards (only allowed to mixing zone and wastewater discharge requirements sections).

  • Administration

    • Indicates Commission need for 270 days to evaluate.
    • Specific information request.


Public Notification

  • Public Notification

    • Notification that variance application received.
    • 30 day public comment period after initial determination made by PCS Committee.
  • Step-by-step process outlined.

  • Criteria for approval.



Demonstrate cannot meet standards for MZs or Discharge Requirements.

  • Demonstrate cannot meet standards for MZs or Discharge Requirements.

  • Demonstrate no reasonable alternatives.

  • Adequate pollutant minimization plan has been submitted.

  • Demonstration of best effluent quality achievable and that discharge will meet all designated uses and water quality criteria outside the mixing zone.



USEPA does not like our use of the term “Variance”.

  • USEPA does not like our use of the term “Variance”.

  • IN & OH have processes approved by USEPA 5.



Have received application request from Ironton, OH POTW.

  • Have received application request from Ironton, OH POTW.

    • Public notification is on the web page.
  • 2 WVDEP permits have interim mercury limits until Oct 16, 2013 and indicate that a variance is needed from ORSANCO’s MZ prohibition:

    • Koppers – Follansbee, WV , ORM 69.4
    • Mountain State Carbon, Follansbee, WV ORM 68.8


500 mg/L TDS criterion which applies at public water supply intakes.



To protect human health from exposure to contact with water; to prevent burns.

  • To protect human health from exposure to contact with water; to prevent burns.

  • Maximum temperature of 110 deg F.

  • Applies at any location where public access is possible.

  • Temperature workgroup recommended 116.5 deg F.



American Burn Association – Scald Injury Educator’s Guide

  • American Burn Association – Scald Injury Educator’s Guide

    • 5 min exposure to 120 = adult 3rd degree burn
    • Children have thinner skin & less surface area
  • PADEP

    • Public safety value = 110
  • WHO

  • Antiscald Inc (based on Moritz & Henriques 1947)

    • 120 = 2nd degree burn in 8 min
      • Pub says 9 min 30 sec to 2nd degree burn at 120.2 degrees
    • 118.4 = 2nd degree burn in 15 min
    • 116.6 = 2nd degree burn in 20 min (25 according to original pub)
    • 113 = 2nd degree burn in 2 hours
  • Diller 2006

  • Huyer et al 1997

    • 108-113 = “too hot for activities; threshold for sensation of pain in adults”


1) Recreation season extended from May-Oct to Apr-Oct.

  • 1) Recreation season extended from May-Oct to Apr-Oct.

  • 2) Revisions based on USEPA’s proposed criteria:

    • a) Fecal coliform criteria removed from Chapters 3 & 5.
    • b) Monthly geometric mean E. coli criterion of 130/100mL revised to 90-day geometric mean criterion.
    • c) Single sample monthly max E. coli criterion of 240/100mL revised to not to be exceeded in more than 25% of samples in 90 day period.
  • 3) New EPA Criteria: E. coli 126/100mL mo geo mean

  • 410/100mL 10% samples



Spring, 2014 – Webinars to support initial public input.

  • Spring, 2014 – Webinars to support initial public input.

  • Spring, 2014 through Spring, 2015

    • Development of specific proposals.
  • June, 2015 – Webinars, Hearing, and public comment period on specific proposals.

  • October, 2015 – Commission Action.






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