Comments Received during the Public Comment Periods for the 2016 Triennial Review (Including the Hearing, February 26, 2016 to Comment Close on March 4, 2016 & Public Meetings from June 23, 2017 to Comment Close on January 26, 2018)

1. Comment: Consider adopting language clarifying the use of the Biotic Ligand Model (BLM) and consider more wide spread implementation of the BLM.

Response: EPD has already used the BLM to develop site specific copper criteria that have been adopted in Georgia Rules. If an appropriate study plan is developed and approved by GA EPD and EPA Region IV, and the approved study is conducted under appropriate flow and meteorological conditions, the BLM can be used to develop site specific copper criteria.

2. Comment: Change secondary trout standard in the in Cobb and Fulton Counties from “Chattahoochee River Upstream from 285 West Bridge” to “Chattahoochee River Upstream from .”

Response: This item will be considered as part of the 2019 Triennial Review. Under the Clean Water Act and Georgia Rules this change would require a use attainability analysis. The Act and rules establish specific provisions for a use attainability analysis, and it can be a complex process to undertake. EPD will need to consult with WRD and EPA to evaluate how to proceed with changing this segment’s designated use and EPD will need WRD’s assistance in preparing any required analysis.

3. Comment: Consider adopting flow criteria.

Response: Since 2001, GA EPD has been issuing Surface Water and Groundwater Withdrawal Permits to maintain adequate water levels to protect aquatic life based on our instream flow protection strategy. Georgia EPD plans to continue using the Interim Instream Flow Protection Strategy document, which is available on our website at https://epd.georgia.gov/sites/epd.georgia.gov/files/related_files/site_page/InterimInstreamFlowPr otectionStrategy_2001.pdf.

4. Comment: Consider adopting ammonia criteria

Response: The 2013 recommended ammonia criteria apply to all freshwaters for the protections of both freshwater mussels and snails. Freshwater mussels are highly sensitive to ammonia toxicity and represent the most sensitive species. Ammonia toxicity varies based on pH and temperature; as temperature and pH increase, organisms become more sensitive to ammonia. GA EPD’s is not planning to adopt the numeric ammonia criteria, but to implement it through the narrative toxicity criteria, the wasteload allocation (WLA) process, and instream monitoring. EPD’s narrative toxicity criteria, given in the Georgia Rules, 391-3-6-.03(5)(e), are as follows: “All waters shall be free from toxic, corrosive, acidic and caustic substances discharged from municipalities, industries or other sources, such as nonpoint sources, in amounts, concentrations or combinations which are harmful to humans, animals or aquatic life.” Our proposed approach

is protective of aquatic life since permits must have water quality based limits that consider the effects of critical pH and critical temperature, and instream monitoring will allow GA EPD to determine if criteria are being met. The instream ammonia criteria will be implemented in NPDES permits as described in the GA EPD’s Ammonia Permitting Strategy document that can be found on our website at https://epd.georgia.gov/sites/epd.georgia.gov/files/related_files/site_page/Ammonia%20Permitti ng%20Strategy%20July%202017.pdf.

5. Comment: Support updating the Designated Use of the Chattahoochee River from Snake Creek to Yellowdirt Creek to “Recreation”.

Response: At the close of the 2013 Triennial Review, GA EPD received comments recommending EPD change the Designated Use of this particular stretch of the Chattahoochee River. EPD looked at the existing Designated Uses for the suggested portion of the river and considered the facts presented in the comments. There is one discharger, Georgia Power Plant Yates, which discharges to the proposed segment and currently has permit limits for non-contact cooling water. This permit was extended by EPD in 2013 and has submitted an application for renewal. Georgia Power Plant Wansley discharges right below Yelowdirt Creek. This permit was also extended by EPD in 2013 and has submitted an application for renewal. EPD reached out to stakeholders in the area early on in the 2016 Triennial Review Process to solicit comments. We received emails and letters of support describing Carroll County’s investments in boat ramps, parks, and recreation facilities along the river, and we are moving forward with updating the designated use for this segment of the Chattahoochee River to “Recreation.”

6. Comment: Update the Designated Use of the Chattahoochee River from Peachtree Creek to Cedar Creek to “Recreation.”

Response: A portion of the suggested river segment is being updated to “Recreation” as part of the 2016 Triennial Review. The remaining portion will be considered during the 2019 Triennial Review. There are several major dischargers to the upstream portion of segment, from Peachtree Creek to Snake Creek, including the City of , Cobb County, Fulton County, Douglas County, and Georgia Power’s Plant McDonough. Information on the location of recreation areas, boat ramps, and access points has been provided. However, GA EPD will need to solicit comments and feedback from other stakeholders, including dischargers, municipalities, counties, and the public. We will need to gather letters of support describing financial investments made and outlining the locations of boat ramps, picnic areas, parks, and blue trails.

7. Comment: Extend the Designated Use of the Chattahoochee River from Atlanta (Peachtree Creek) to (at confluence with the New River) covering 76 miles to “Recreational Use."

Response: GA EPD has received several individual comments and one comment that included a petition with 516 signatures and 245 comments recommending extending the “Recreational” designated use of the Chattahoochee River from Atlanta at Peachtree Creek to West Point Lake at confluence with the New River. This would designate the Chattahoochee River from its headwater to West Point Dam as “Recreation.” Due to the fact we received these comments late

in the 2016 Triennial Review Process, this item will be considered as part of the 2019 Triennial Review. There are 19 NPDES dischargers to this segment of the Chattahoochee River and its tributaries. GA EPD needs to solicit comments and feedback from the dischargers, municipalities, counties, and other stakeholders. We will need to gather letters of support from other stakeholders, including dischargers, municipalities, and communities describing the financial investments made, and outlining the locations of boat ramps, picnic areas, parks, and blue trails. Many segments in the 76 river-mile stretch, and West Point Lake itself are impaired and have current TMDLs to facilitate water quality improvement. EPD does not wish to encourage recreation in waters that commenters have described as “littered with garbage”, containing “Atlanta’s sewage”, and “polluted.” EPD plans to research the current water quality of the proposed segments and evaluate the possibility of changing the current use designation.

8. Comment: The major Chattahoochee tributaries Proctor Creek, Peachtree Creek, Tanyard Creek, and Clear Creek in the Atlanta area should be designated for "Recreational Use."

Response: Due to the fact we received this comment late in the 2016 Triennial Review Process, this item will be considered as part of the 2019 Triennial Review. Prior to designating a segment of water as “Recreation,” EPD needs to research the current quality and seek feedback from stakeholders, dischargers, and the public. EPD does not wish to encourage recreation in waters that have been described by the commenter as containing “untreated combined sewer overflows”; moreover, the signage explaining that those waters “are not safe for wading, fishing, or swimming” are required by Rule 391-3-6-.06(17) to inform and protect the public. Many of these tributary segments have current TMDLs to facilitate improving the water quality. EPD plans to continue working with stakeholders and partners to improve these waters and will evaluate the possibility of changing the current use designation.

9. Comment: The portion of the Chattahoochee River below North Highlands Dam near Columbus, Georgia should be designated for "Recreational Use."

Response: GA EPD is aware of the Urban Whitewater Park in Columbus where people kayak and raft. Due to the fact we received this comment late in the 2016 Triennial Review Process, this item will be considered as part of the 2019 Triennial Review. EPD plans to research current water quality and solicit comments from stakeholders, dischargers, and the public on this matter.

10. Comment: The use classifications for the Etowah River should be changed from "Drinking Water" to "Drinking Water" and "Recreation."

Response: Due to the fact we received this comment late in the 2016 Triennial Review Process, this item will be considered as part of the 2019 Triennial Review. There are 11 NPDES dischargers on the Etowah River and its tributaries. EPD will need to solicit comments and feedback from dischargers, counties, municipalities, stakeholders, and the public. We will gather additional letters of support describing financial investments made, and outlining locations of boat ramps, picnic areas, parks, and blue trails. EPD will review current water quality and evaluate the possibility of changing the current use designation.

11. Comment: Move forward with the numeric criteria for selenium.

Response: GA EPD does not intend to adopt the EPA Recommended 2016 Aquatic Life Selenium criteria until methods are developed that can reliably analyze to a level with a Reporting Limit below the concentration of the recommended criteria.

12. Comment: Provide a full, reasoned explanation for the proposed addition of pH to the definition of natural conditions.

Response: GA EPD has observed that certain waters in the State have a natural pH outside the range of 6.0 – 8.5 due to a lack of buffering capacity related to natural low conductivity and hardness. Due to these occurrences of naturally low pHs in some of Georgia’s waters, pH should be included among the parameters listed under natural conditions.

13. Comment: Definition of "practicable alternative" in the Tier 2 Rule contains vague and undefined terms.

Response: The phrase “practicable alternatives” comes directly from the Federal language, located at §131.12. GA EPD is proposing to add the following definition under 391-3-6-.03(3): “Practicable alternatives” are alternatives that are technologically possible, able to be put into practice, and economically viable. GA EPD plans to revise the Antidegradation Guidelines Document, where further clarification of “practicable alternatives” may be considered. The guidelines update will include a public participation process. The current document can be viewed on our website at https://epd.georgia.gov/sites/epd.georgia.gov/files/related_files/site_page/Antidegradation%20G uidelines%20Final.pdf.

14. Comment: The Tier 2 rule does not specifically define “economic or social development.”

Response: The phrase “economic or social development” comes directly from the Federal language, located at §131.12. GA EPD does not plan to alter this language in the rules, but does plan to revise the Antidegradation Guidelines Document, where a definition of “economic or social development” may be considered. The guidelines update will include a public participation process. The current document can be viewed on our website at https://epd.georgia.gov/sites/epd.georgia.gov/files/related_files/site_page/Antidegradation%20G uidelines%20Final.pdf.

15. Comment: Supports adopting E.coli bacteria criteria for waters with a designated use of “Drinking Water” and “Fishing.”

Response: Early on in the process for the 2016 Triennial Review, GA EPD received a comment containing the suggestion to “use EPA guidance to develop” E coli standards for “Drinking Water” and “Fishing” waters. EPD researched this suggestion, including the latest studies on secondary contact recreation illness rates and how to implement possible criteria. The proposed criteria are based on EPA’s available guidance, “Implementation Guidance for Ambient Water Quality Criteria for Bacteria.”

16. Comment: Concerned about adopting the secondary recreational bacteria criteria that has not yet been adopted in full by the EPA

Response: EPD researched the latest studies on secondary contact recreation illness rates and how to implement possible criteria. The proposed criteria are based on EPA’s available guidance, “Implementation Guidance for Ambient Water Quality Criteria for Bacteria” and the fact that E coli and Enterococci are the best available bacterial indicators for human health. EPD plans to move forward with the proposed criteria.

17. Comment: All label or unit descriptions, associated with bacterial provisions, should be changed from “colony forming units (CFU) per 100 mL” to “organisms per 100 mL.”

Response: GA EPD plans to change the units for bacteria to “counts per 100 mL” in this proposal for the 2016 Triennial Review. This will ensure that no single EPA approved method for bacteria detection is favored, or considered to be favored, over another.