Duncard Creek TMDL

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelphia, Pennsylvania 19103-2029 4/4/2007 Ms. Cathy Curran Myers Deputy Secretary for Water Management Pennsylvania Department of Environmental Protection Rachel Carson State Office Building P.O. Box 2063 Harrisburg, PA 17105-2063 Dear Ms. Myers: The U.S. Environmental Protection Agency (EPA) is pleased to approve Total Maximum Daily Loads (TMDLs) for the Dunkard Creek Watershed, Greene County, submitted by the Pennsylvania Department of Environmental Protection (PADEP) dated March 9, 2007, and received by EPA for review and approval on March 19, 2007. The TMDLs were established and submitted in accordance with Sections 303(d)(1)(c) and 303(d)(2) of the Clean Water Act. The TMDLs were established to address impairments of water quality as identified in Pennsylvania’s 1996, 1998, and 2002 Section 303(d) lists of impaired waters still needing TMDLs for acid mine drainage metals. A rationale of our approval is enclosed. As you know, any new or revised National Pollutant Discharge Elimination System permits with applicable effluent limits must be consistent with the TMDL’s wasteload allocation pursuant to 40 CFR §122.44(d)(1)(VII)(B). Any such permit should be submitted to EPA for review consistent with our letter dated October 1, 1998. If you have further questions, please call me or have your staff contact Ms. Mary F. Beck, at (215) 814-3429. Sincerely, Signed Jon M. Capacasa, Director Water Protection Division Enclosure cc: Fred Marrocco, DEP Ken Bowman, SWRO Joel Pontorero, Greensburg DMO Customer Service Hotline: 1-800-438-2474 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelphia, Pennsylvania 19103-2029 Decision Rationale Total Maximum Daily Loads Dunkard Creek Watershed For Acid Mine Drainage Affected Segments Greene County, Pennsylvania Signed _______________________ Jon M. Capacasa, Director Water Protection Division Date: 4/4/2007 Printed on 100% recycled/recyclable paper with 100% post-consumer fiber and process chlorine free. Customer Service Hotline: 1-800-438-2474 Decision Rationale Total Maximum Daily Loads Dunkard Creek Watershed For Acid Mine Drainage Affected Segments I. Introduction The Clean Water Act (CWA) requires a Total Maximum Daily Load (TMDL) be developed for those waterbodies identified as impaired by the state where technology-based and other controls will not provide for attainment of water quality standards. A TMDL is a determination of the amount of a pollutant from point, nonpoint, and natural background sources, including a margin of safety (MOS), that may be discharged to a water quality-limited waterbody without violating water quality standards. The Pennsylvania Department of Environmental Protection (PADEP), Bureau of Watershed Conservation, submitted the Dunkard Creek TMDL, dated March 9, 2007 (TMDL Report), to the U.S. Environmental Protection Agency (EPA) for final Agency review on March 19, 2007. Dunkard Creek was originally identified on the 1996 Section 303(d) list for impairments due to metals and iron precipitate. The 2002 Section 303(d) list added suspended solids for Dunkard Creek. By addressing the metals and acidity impairment, these TMDLs will also address the iron precipitate impairment. Suspended solids will be addressed at a later date. EPA’s rationale is based on the TMDL Report and information contained in the attachments to the report. EPA’s review determined that the TMDL meets the following eight regulatory requirements pursuant to 40 CFR Part 130. 1. The TMDLs are designed to implement the applicable water quality standards. 2. The TMDLs include a total allowable load as well as individual wasteload allocations (WLAs) and load allocations (LAs). 3. The TMDLs consider the impacts of background pollutant contributions. 4. The TMDLs consider critical environmental conditions. 5. The TMDLs consider seasonal environmental variations. 6. The TMDLs include a MOS. 7. There is reasonable assurance that the proposed TMDLs can be met. 8. The TMDLs have been subject to public participation. II. Summary Table 1 presents the 1996, 1998, and 2002 Section 303(d) listing information for the water quality limited segments listed in 1996. Table 1. Section 303(d) List of Impaired Waters in the Dunkard Creek Watershed 303(d) Sub-List State Water Plan (SWP) Subbasin: 19-G Dunkard Creek Year Miles Segment DEP Stream Designated Data Source EPA 305(b) ID Stream Name Use Source Cause Code Code 1996 8.5 NA 41420 Dunkard WWF 305(b) RE metals Creek Report 1996 6.5 NA 41420 Dunkard WWF 305(b) RE other * Creek Report 1998 8.5 NA 41420 Dunkard WWF SWMP AMD metals Creek 1998 6.5 NA 41420 Dunkard WWF SWMP AMD other * Creek 2002 3.6 98116 41420 Dunkard WWF SWMP AMD metals 1330-ALF Creek suspended solids 2004 3.6 98116 41420 Dunkard WWF AMD metals 1330-ALF Creek suspended solids * iron precipitate covering stream rocks Resource Extraction = RE Warm Water Fish = WWF Surface Water Monitoring Program = SWMP Abandoned Mine Drainage = AMD See Attachment D, Excerpts Justifying Changes Between the 1996, 1998, 2002, and 2004 Section 303(d) Lists. The use designations for the stream segments in this TMDL can be found in PA Title 25 Chapter 93. TMDLs were developed for the 1996 Section 303(d) listed Dunkard Creek. The TMDLs were developed using a statistical procedure to ensure that water quality criteria are met 99 percent of the time as required by Pennsylvania’s water quality standards at Pennsylvania Code Title 25, Chapter 96.3(c). Section IV, Table 4 shows the TMDLs for the Dunkard Creek Watershed. TMDLs are defined as the summation of the point source WLAs plus the summation of the nonpoint source LAs plus a MOS and are often shown as: TMDL = 3WLAs + 3LAs + MOS The TMDL is a written plan and analysis established to ensure that a waterbody will attain and maintain water quality standards. The TMDL is a scientifically-based strategy which considers current and foreseeable conditions, the best available data, and accounts for uncertainty with the inclusion of a MOS value. Conditions, available data, and the 2 understanding of the natural processes can change more than anticipated by the MOS. The option is always available to refine the TMDL for resubmittal to EPA for approval. Pennsylvania’s Surface Water Assessment Program (formerly the Unassessed Waters Protocol) is PADEP’s method of conducting biological assessments of Pennsylvania’s waters. PADEP’s goal is a statewide assessment of surface waters in Pennsylvania. After completion of the initial assessments, the long-range goal is to reassess all waters on a five-year cycle. Therefore, while the TMDL should not be modified at the expense of achieving water quality standards expeditiously, the TMDL may be modified when warranted by additional data or other information. III. Background Dunkard Creek Watershed is located in the southeastern portion of Greene County and drains into the Monongahela River approximately 2.8 miles north of the Pennsylvania-West Virginia state line. Land uses include rural residential properties and small villages, minor industrial development, minor agricultural areas, forest, and abandoned and active mine lands. The Dunkard Creek Watershed is affected by pollution from acid mine drainage (AMD) causing high levels of metals in the watershed. The watershed reflects the hydrologic impacts by past surface and deep mining operations over the past century. Large scale deep mining on the Pittsburgh and Sewickley coal seams occurred throughout the entire watershed. Smaller scale deep mines and surface mines are present in the overlying Pittsburgh rider coal, Waynesburg, and Waynesburg A coal seams. All of the deep mining operations within the watershed are now abandoned and flooding has occurred within the abandoned Pittsburgh and Sewickley deep mines. There are several discharges from abandoned deep and surface mines. Currently, there are numerous active mining operations in the watershed. The majority of these operations are reprocessing old coal banks left behind by previous underground and surface mining. The TMDL Report identifies ten National Pollutant Discharge Elimination System (NPDES) permits for active mining operations within the Dunkard Creek Watershed. Table 4 of the TMDL Report shows the permitted discharges from eight mine operations with a total of fourteen outlets. Two active mine operations were not given WLAs because they are not permitted to discharge from the permit area. There are numerous active mining operations in the watershed; however, many do not have NPDES permits (no discharge) or are permitted under the NPDES program for erosion and sedimentation control ponds only. The TMDL Report, Attachment C, TMDLs by Segment, provides more information. Dunkard Creek Watershed has eight permitted point source discharges which are assigned WLAs. All other discharges in the watershed are from abandoned mines and are treated as nonpoint sources. For purposes of these TMDLs only, point sources are identified as permitted discharge points and nonpoint sources are identified as other discharges from abandoned mine lands which can include tunnel discharges, seeps, and surface runoff. Abandoned and reclaimed mine lands are treated in the allocations as nonpoint sources because 3 there are no NPDES permits associated with these areas. As such, the discharges associated with these landuses were assigned LAs (as opposed to WLAs). The decision to assign LAs to abandoned and reclaimed mine lands does not reflect any determination by EPA as to whether there are unpermitted point source discharges within these landuses. In addition, by approving these TMDLs with mine drainage discharges treated as LAs, EPA is not determining that these discharges are exempt from NPDES permitting requirements. PADEP treats each segment defined by the sampling points as a separate TMDL while EPA, for purposes of the national tracking system, identifies TMDLs for each listed Section 303(d) listed segment. The TMDLs are expressed as long-term averages. See the Dunkard Creek Watershed TMDL Report, Attachment D, for TMDL calculations.

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