5 Colo. Code Regs. § 1002-85.6
Current through Register Vol. 47, No. 20, October 25, 2024
Section 5 CCR 1002-85.6 - MONITORING REQUIREMENTS(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.40 CR 23, December 10, 2017, effective 12/30/201746 CR 10, May 25, 2023, effective 6/14/2023