Tenn. Comp. R. & Regs. 0400-46-01-.02 - PRIORITY RANKING, PROJECT CRITERIA POINTS, AND PRIORITY POINT VALUE (PPV) FORMULA

(1) General Provisions for Priority Ranking, Project Criteria Points, and Priority Point Value (PPV) Formula.

(a) Purpose. The Priority Ranking System detailed in these rules has been developed to achieve optimum water quality management consistent with the goals and requirements of the Clean Water Act and the Tennessee Water Quality Control Act. Municipal wastewater treatment projects and terms, as defined in Section 212 of the Clean Water Act, such as WWTP upgrades, collection system rehabilitation, infiltration and inflow correction projects, new collector sewers, and combined sewer overflow elimination projects and nonpoint source projects, as defined in Section 319 of the Clean Water Act, may be eligible for funding in accordance with these rules.

(b) Priority Ranking. All proposed projects for which the potential loan recipient has requested financial assistance will be assigned Project Criteria Points based on the project criteria defined in paragraph (2) of this rule. WWTP projects may be assigned additional points based on the Priority Point Value (PPV) formula delineated in paragraph (3) of this rule.

(c) Combined Project Priority Ranking.

1. When a potential loan recipient operates or proposes to operate more than one WWTP, the PPV will be independently calculated for each WWTP discharge point on the basis of data specific to each WWTP's discharge point.

2. When more than one project appears on the Priority List and those projects are an integral part of the cost-effective solution for one facility's planning area, each of the projects may be assigned the same Priority Point Value as the WWTP that will receive and treat the combined wastewater flow.

(2) Project Criteria Points. Project Criteria Points will be assigned to individual wastewater facilities projects based on the following:

(a) WWTP discharges to a water-quality impaired stream segment will receive 100 Project Criteria Points in addition to any other applicable Project Criteria Points. WWTP projects with a compliance schedule in the NPDES permit requiring construction will receive 50 Project Criteria Points in addition to any other applicable Project Criteria Points.

(b) Wastewater collection system projects with a compliance schedule in the NPDES permit requiring construction will receive 50 Project Criteria Points in addition to any other applicable Project Criteria Points.

(c) Nonpoint Source (NPS) pollution projects affecting a water-quality impaired stream segment will receive 100 Project Criteria Points. Other NPS pollution projects will receive 25 Project Criteria Points. NPS pollution projects may be directed toward protection or improvement of the quality of ground water, surface water, or wetlands. NPS pollution projects must be consistent with Tennessee's approved Nonpoint Source Management Program requirements and be included in the State's current EPA-approved Nonpoint Source Management Plan.

(d) Effluent-trading projects will receive 50 Project Criteria Points in addition to any other applicable Project Criteria Points.

(e) Combined Sewer Overflow (CSO) projects will receive 25 Project Criteria Points.

(f) Infiltration/Inflow (I/I) correction projects and major sewer rehabilitation projects will receive 25 Project Criteria Points. Construction of projects that will transport and treat I/I at the WWTP will receive 10 Project Criteria Points.

(g) Storm water management projects affecting a water-quality impaired stream segment will receive 100 Project Criteria Points. Storm water management projects with a compliance schedule in the NPDES permit requiring construction will receive 50 Project Criteria Points. All other storm water management projects will receive 25 Project Criteria Points.

(h) Collection lines to be constructed to address an existing public health problem caused by failed septic systems will receive a minimum of 40 Project Criteria Points up to a maximum of 100 Project Criteria Points. If a Department-certified septic system failure survey utilizing either color infrared aerial photography or ground inspections has been conducted in the project area, Project Criteria Points may be obtained by multiplying the percentage of failing systems by the 100-point maximum Project Criteria Points as follows:

1. Project Criteria Points=100 x Department-certified percent of septic systems failing

2. Proposed projects will receive a minimum of 40 Project Criteria Points if they are in an area where a Department-certified septic system failure survey was not conducted or where the percentage of failing septic systems was less than 40 percent.

(i) Any wastewater project proposed for development and/or growth potential, i.e., projects that were not planned to address a water quality problem or a public health problem, will receive 5 Project Criteria Points. WWTPs that are required to serve new collectors as part of the approved facilities plan will receive the same Project Criteria Points as the collectors.

(j) Interceptors and pump stations will receive varying Project Criteria Points. Interceptors and/or pump stations that eliminate a WWTP discharge point that was included in an approved facilities plan will receive the same Project Criteria Points as the WWTP. Interceptors and/or pump stations proposed as part of an I/I elimination project will receive the same Project Criteria Points as the I/I elimination project. Interceptors and/or pump stations proposed as part of a collection system project will receive the same Project Criteria Points as the collection system project.

(k) Planning/Design projects will receive Project Criteria Points based upon the proposed project type.

(l) Section 212 projects that are also associated with the construction of nonpoint source projects shall have an additional 20 Project Criteria Points.

(m) Section 212 projects with zoning that demonstrates preservation of greenspace shall have an additional 15 Project Criteria Points.

(n) Section 212 projects with zoning that demonstrates riparian buffer zones of at least 150 feet shall have an additional 10 Project Criteria Points.

(o) Section 212 projects demonstrating an enforced buffer zone ordinance shall have an additional 5 Project Criteria Points.

(p) Refinancing projects will receive 1 Project Criteria Point.

(q) In accordance with T.C.A. § 6-58-109(b), all State Revolving Fund projects within Counties that have an approved growth plan will receive 5 Project Criteria Points in addition to any other applicable Project Criteria Points.

(3) Priority Point Value (PPV) Formula.

The PPV formula assigns numerical points to a specific WWTP project based on the product of the Receiving Stream Hydraulic Factor (RSHF), Severity of Pollution Factor (SPF), and Water Quality Improvement Factor (WQIF), as follows:

PPV=(RSHF) x (SPF) x (WQIF)

(a) The RSHF will be determined based on the ratio of plant discharge to stream flow using the following equation:

RSHF=1.0 + Plant Flow / Stream Flow + Plant Flow, where

1. Stream flow is the lowest stream flow measured upstream of the WWTP discharge for any 7 consecutive days in a 10-year period. The Department may allow the use of the dilution flow for impoundments.

2. Plant flow is the average daily flow reported on Monthly Operating Reports or Discharge Monitoring Reports submitted to and certified by the Department.

(b) The SPF will be determined based upon whether violations of the WWTP's permit limits have occurred. The SPF will be determined using the following equation:

SPF=1.0 + the sum of point values from the following effluent parameters:

1. Biochemical Oxygen Demand, 5-Day (BOD₅) and/or Carbonaceous Biochemical Oxygen Demand (CBOD₅) Violation

If the actual BOD₅ and/or CBOD₅ concentration in the WWTP effluent has exceeded the permit limit for BOD₅ and/or CBOD₅ for two consecutive months or three or more times during the last year, the project receives 1 point

2. Total Nitrogen (N-Total) and/or Ammonia Nitrogen (NH₃-N) Violation

If the actual N-Total and/or NH₃-N concentration in the WWTP effluent has exceeded the permit limit for N-Total and/or NH₃-N for two consecutive months or three or more times during the last year, the project receives 1 point

3. Phosphorous (P) Violation

If the actual P concentration in the WWTP effluent has exceeded the permit limit for P for two consecutive months or three or more times during the last year, the project receives 1 point

4. Dissolved Oxygen (DO) Violation

If the actual DO concentration in the WWTP effluent has been less than the minimum permit limit for DO for two consecutive months or three or more times during the last year, the project receives 0.5 points

5. Fecal Coliform and/or E. coli Violation

If the actual fecal coliform and/or E. coli concentration has exceeded the permit limit for fecal coliform and/or E. coli for two consecutive months or three or more times during the last year, the project receives 1 point

(c) The WQIF applies only to a receiving stream that is a water-quality impaired stream segment. The WQIF will be determined based on the receiving stream's designated stream-use classification(s) for recreation, fish and aquatic life, and/or domestic water supply.

The WQIF is the number obtained from the equation:

WQIF=1.0 + F + G + H, where

1. Recreation, denoted as F, is assigned a numerical value based upon the following:

(i) If the existing effluent violates recreational bacterial standards (Chapter 0400-40-03) and causes a significant adverse impact on the receiving waters beyond the mixing zone or precludes the actual use of the receiving waters for body contact recreation beyond the mixing zone, the recreation factor F will be assigned ................................................................ 2 points

(ii) If there is no significant impact on recreation, F will be assigned. .... 0 points

2. Fish and Aquatic Life, denoted as G, is assigned a numerical value based upon the following:

(i) If the existing effluent contains one or more conventional pollutants in excess of the permit limits established by the Department or contained in the WWTP's NPDES Permit or results in violations of the dissolved oxygen standard for fish and aquatic life (Chapter 0400-40-03) in the receiving waters beyond the mixing zone, G will be assigned ......................... 3 points

(ii) If there is no significant impact on fish and aquatic life, G will be assigned. .......................................................................................................... 0 points

3. Domestic Water Supply, denoted as H, is assigned a numerical value based upon the following:

(i) If the existing effluent contains one or more conventional pollutants in concentrations exceeding the domestic water supply standard (Chapter 0400-40-03) in waters affecting an existing community water treatment plant, H will be assigned ................................................................ 4 points

(ii) If there is no significant adverse impact on domestic water supply, H will be assigned ............................................................................................ 0 points

4. No WQIF points will be awarded for F, G, and H if the existing treatment facility is not operated and maintained properly, as determined by the Department's evaluation of the facility's operation and maintenance.

Notes

Tenn. Comp. R. & Regs. 0400-46-01-.02

Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered1200-22-01.

Authority: T.C.A. §§ 68-221-801 et seq., 68-221-1001 et seq., and 4-5-201 et seq.