TO: Office of the Chief Clerk
Texas Commission on Environmental Quality
MC-105
P.O. Box 13087
Austin, Texas 78711-3087
FROM: Andrew Wier, Executive Director
Simsboro Aquifer Water Defense Fund
PO Box 931
Elgin, TX 78621
512-545-4779
awier.tx@gmail.com
The volume of discharge under the amended permit WQ0013548001 will increase 10X, because the permittee will discontinue approximately 150,000 gallons per day [GPD] currently used in irrigation. In effect, only 200,000 GPD is currently
discharged into Piney Creek. Increasing the permit to 2 million GPD is a 10X
increase in treated effluent into Piney Creek and the Colorado River.
I have the following concerns regarding the amended permit:
• Piney Creek and adjoining properties are classified as FEMA 100-year flood plain, Zone A. The 10X increase in volume significantly increases risk of flooding for property owners along Piney Creek. The threatened subdivisions include Lake Bastrop Estates, Sanders Estates, Piney Creek Bend and Riverview Heights. In addition, houses along Laura Lane and North Main Street border Piney Creek.
• An increase in discharge volume increases the risk of flooding and property damage and may require changes in the Flood Insurance Rate Map [FIRM] raising insurance rates for residents along Piney Creek who have held property in the flood plain for years preceding the amended permit.
• Piney Creek, segment 1434J, is listed on the 2024 Texas Integrated Report for Water Bodies with Concerns for Use Attainment and Screening Levels and is listed as "Impaired macrobenthic community in water." The draft permit by the Executive Director does not address how the 10X increase in treated effluent, along with accompanying chlorine, phosphates, nitrates/nitrites, and dissolved oxygen will impact the “impaired microbenthic community” in segment 1434J.
• With increasing residential development along Piney Creek, there has been considerable human activity in the creek, i.e. children exploring, wading, and fishing. Before increasing treated effluent into segment 1434J, TCEQ should re-evaluate the designation. It appears that “primary contact recreation” should be considered and Tier 1 and Tier 2 antidegradation reviews be conducted again.
• I am concerned that Piney Creek has not been appropriately evaluated in Tier 1 and Tier 2 studies to determine the assimilative capacity of the tributary before it discharges into Colorado River segment 1434. TCEQ regularly uses “default parameters” to conduct the Tier 1 and Tier 2 reviews. The default parameters may vary significantly from actual measurements of Piney Creek, especially as regards cross-section, slope, and vegetation of the waterway, etc. A casual inspection of Piney Creek reveals wide variations in these parameters.
• An increase in discharge into Piney Creek may cause erosion of the banks and streambed, leading to silting, destruction of the natural streambed, degrading the natural ecology, and thereby also degrading current recreational experiences.
• The increased discharge will enter the Colorado River [segment 1434] just 3,700 feet upstream of City of Bastrop’s Fisherman’s Park. Segment 1434 is listed on the 2024 Texas Integrated Report for Water Bodies with Concerns for Use Attainment and Screening Levels as "concern for screening levels" for phosphorus and nitrates in water, both compounds directly related to treated effluent volumes.
o Water quality results reviewed by TCEQ for the 2024 Integrated Report show more than 10 exceedances in the past seven years for phosphorous and nitrates.
o Furthermore, segment 1434 lacks an update to the assessment of the “fish” and “macrobenthic” communities. These studies have not been conducted in more than 20 years!
o The Executive Director cannot make an informed decision regarding antidegradation of “exceptional aquatic life” without the completion of these studies.
• I am concerned that of the Colorado River, segment 1434, has not been appropriately evaluated in Tier 1 and Tier 2 studies to determine the assimilative capacity. TCEQ regularly uses “default parameters” to conduct the Tier 1 and Tier 2 reviews. The default parameters may vary significantly from actual measurements of segment 1434, especially as regards cross-section, slope, and vegetation of the river, etc.
• Current scientific research on PFAS compounds indicate a one-to-one correspondence between treated effluent volumes in Texas waterways and corresponding PFAS levels.
o A 10X increase in treated discharge may create a 10X increase in PFAS compounds in Piney Creek [segment 1434J] and Colorado River [segment 1434].
o PFAS compounds have been detected in 11 of 11 samples within segments 1428 & 1434. Two regulated PFAS compounds were detected at 4X to 10X the EPA standards for drinking water.
o PFAS compounds bio-accumulate in aquatic life, like fish tissue. A 10X increase in treated discharge may open the permittee and TCEQ to liability for human health risks associated with PFAS compounds due to consumption of fish or regular contact with waters in segments 1434J or 1434.
Requested action by the permittee
To address the concerns above, I am requesting the permittee, Utilities, Inc Of Texas, voluntarily reduce phosphorous and other nutrient levels. The permittee is installing new membrane technology to treat the increased volume of effluent. SAWDF urges the permittee to voluntarily commit to a steady decrease in measured phosphorous and nutrient levels as the output volume increases, with the goal of maintaining the current Total Maximum Daily Load [TMDL]. SAWDF contends this goal is achievable given the new treatment technology and the near future volumes of effluent. This is also in keeping with the permittee’s mission statement, “Our mission is to deliver clean, safe, and reliable water and wastewater services that protect public health, support our communities, and sustain our natural resources.”
Requested action by TCEQ/ED
At the same time, the TCEQ is urged to complete the overdue aquatic life surveys that will allow a determination regarding “exceptional aquatic life” status of contiguous Colorado River segments 1428 and 1434. TCEQ’s Procedures to Implement the Texas Surface Water Quality Standards (commonly referred to as the “IPs”) provide, “Baseline conditions are estimated from existing conditions, as indicated by the latest edition of the Texas Water Quality Inventory or other available information, unless there is information indicating that degradation in ambient water quality has occurred in the receiving waters since November 28, 1975.” 30 Tex. Admin. Code §307.5(c)(2)(B) (“The highest water quality sustained since November 28, 1975 (in accordance with EPA Standards Regulation 40 Code of Federal Regulations Part 131) defines baseline conditions for determinations of degradation.”).
After completing the aquatic life studies and making a determinationregarding “exceptional aquatic life” status, the ED should conduct Tier 1 and
Tier 2 antidegradation reviews using parameters obtained from observation and
measurements of Piney Creek [segment 1434J] and the Colorado River [segment
1434].
Thank you for addressing these concerns and requested actions.