Regulations that Protect Clean Water

Regulations that Protect Clean Water

Jocelyn Mullen, P.E.

Presented at

The Water Course

January 27, 2010Mesa County Water Association

90,46590,465square milessquare milesof estuariesof estuaries

41 million miles of 41 million miles of lakes, ponds, lakes, ponds, reservoirsreservoirs

3.6 million miles 3.6 million miles of rivers and of rivers and streamsstreams

100 million acres 100 million acres of wetlands in 48 of wetlands in 48 states (170-200 states (170-200 million in Alaska)million in Alaska)

66,64566,645 miles of miles of ocean shorelineocean shoreline

5,523 miles of 5,523 miles of Great Lakes Great Lakes shorelineshoreline

33,000 trillion 33,000 trillion gallons of ground gallons of ground waterwater

America’s Water Resources: A Large and Diverse PortfolioAmerica’s Water Resources: A Large and Diverse Portfolio

Discussion

• Why do we need regulations to keep water clean ?

• We all live downstream of something or somebody

Major Regulations:

• Federal Water Pollution Control Act and Amendments – Clean Water Act (CWA)

• Safe Drinking Water Act and Amendments – Underground Injection Control (UIC)

• Colorado Statutes and Regulations

Major uses of Water:

• Public Water Supply

• Agricultural Water Supply– Crop Irrigation

• Water-Based Recreation

• Commercial, Subsistence and Recreational Fishing

• Industrial Uses

• Aquatic Life and Wildlife

• Wildlife Dependent on Aquatic Food Chains

Threats to Surface and Ground WaterThreats to Surface and Ground Water

Natural causesManmade causes

Natural Impacts: Geological Activity Climate & Weather Fire Sediment erosion from upstream

Impacts from Agriculture:Effect of Agriculture on Stream

Hydrology and Chemistry

Impacts from Commerce and Industry:

Eroded road fromtimber harvesting

Metals leaching from mining

Commercial fishing

Industrial discharge

Manmade Impacts: Atmospheric Changes

Acid Deposition

Impacts from Land Use and Urbanization:

Aerial view of Washington, D.C.Time

Str

eam

Dis

char

ge

After

Before

Manmade Impacts:Invasive Species

Zebra mussel

Hydrilla

Nutria

Contaminants and Pollutants• Chemicals

– Organic– Inorganic– Disinfection byproducts

• Biological organisms– Pathogens– Invasive species

• Physical– Heat

Effects of Contamination

• Adverse health effects

• Ecological effects and costs

• Economic costs

• Aesthetic costs

Health Effects: Pathways of Exposure• Human routes

– Drinking water– Foods– Body contact

• Aquatic organisms– Respiration– Food

• Semi-aquatic wildlife– Food

Health Effects: Temporal Aspects• Duration

– Short term (acute)– Long term (chronic)

• Pattern– Constant or continuous– Intermittent

• Frequent• Infrequent

History of Water History of Water Regulation in theRegulation in the

United StatesUnited States

History of Water History of Water Regulation in theRegulation in the

United StatesUnited States

Pre-EPA History of Water Regulation

First-known treatment

First-known treatment

300 BCE300 BCE

Early 1800sEarly 1800s

Late 1800s - EarlyLate 1800s - Early1900s1900s

19701970Mid-1900sMid-1900s

Early recognition of water-disease link

Early recognition of water-disease link

Federal Water Pollution

Control Act, 1948, 1956,

1965

Federal Water Pollution

Control Act, 1948, 1956,

1965

Regulation as local

health issue

Regulation as local

health issue

Rivers and Harbors Act,

PHS standards

Rivers and Harbors Act,

PHS standardsEarly State

regulations

Early State regulations

EPA Established

• Water pollution control moved from Department of the Interior to EPA

• Drinking water program moved from Public Health Service to EPA

• Attempted resurrection of the Rivers and Harbors Act of 1899

Post-EPA History of Water Regulation

SDWA Amendments

SDWA Amendments

19701970

19771977 1996199619871987

Clean Water Act

Clean Water Act

CWA Amendments

CWA Amendments

FWPCA Amendments

FWPCA Amendments

19741974

19721972

19861986

Coastal Zone Coastal Zone Management ActManagement Act

Coastal Zone Coastal Zone Management ActManagement Act

Marine Protection, Marine Protection, Research and Research and

Sanctuaries ActSanctuaries Act

Marine Protection, Marine Protection, Research and Research and

Sanctuaries ActSanctuaries Act

Safe Drinking Water Act

Safe Drinking Water Act

SDWA Amendments

SDWA Amendments

19901990

Oil Pollution Act

Oil Pollution Act

Federal Water Federal Water Pollution Control Act Pollution Control Act AmendmentsAmendments

The Clean Water ActThe Clean Water Act

Federal Water Federal Water Pollution Control Act Pollution Control Act AmendmentsAmendments

The Clean Water ActThe Clean Water Act

FWPCA Amendments of 1972• States are primary implementers, with

EPA oversight

• No right to pollute navigable waters of the U.S.

• Enforceable permits with discharge limits for point sources

• Establishment of “technology-based” controls, backed by “water quality-based” controls

FWPCA Amendments of 1972• Greatly increased funding for municipal sewage

systems• Expanded requirements for WQS for all surface waters• Established permit issuance authority for point

sources• Strengthened enforcement authority, including

citizen suits

Key Term: Pollutant

• Dredged spoil, solid waste, incinerator residue, filter backwash, sewage sludge, munitions, chemical wastes, biological materials, some radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste

CWA Section 502(6)

Point Source

• Any discernable, confined, discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, rolling stock, concentrated animal feeding operation, some vessels, or other floating craft from which pollutants are or may be discharged

• Does not include return flows from irrigated agriculture

CWA Section 502(14)

FWPCA Goals

• "Restore and maintain the chemical, physical and biological integrity of the Nation's waters“

• "Water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water" ((fishable/swimmable goal)fishable/swimmable goal)

Technology-Based vs. Water Quality-Based• Technology-based

– Source > Pollutant > (Waterbody)

• Water quality-based

– Waterbody > Pollutant > Source

1987 Water Quality Act

• State revolving fund• Water quality-based toxics controls• Sewage sludge (biosolids)

management• Storm water permits• Antidegradation policy• Nonpoint source programs• Treatment as a State for Tribes

CWA: Part I, Technology-Based• Point source discharges to

surface waters through NPDES permitting

• Generally-applicable limits

• Discharge limits determined by technical and economic feasibility within each industrial grouping

CWA: Part II, Water- Quality Based • Technology-based limits on existing and new

point sources still apply• Additional point source limits when WQS still

not met after tech-based level of treatment

• New limits driven by WQS• Total Maximum Daily Load (TMDL) consistent

with meeting WQS set, then allocated among sources

Program Implementation Framework

Hierarchy of Federal Governance

STATUTESSTATUTESCongress and PresidentCongress and President

SDWA, CWASDWA, CWA

REGULATIONSREGULATIONSEPAEPA

Rad Rule,Rad Rule, Effluent GuidelinesEffluent Guidelines

POLICY, GUIDANCE and GUIDELINESPOLICY, GUIDANCE and GUIDELINESEPAEPA

Capacity Development Guidance, BMP ManualsCapacity Development Guidance, BMP Manuals

EXECUTIVE EXECUTIVE ORDERSORDERSPresidentPresident

Hierarchy of State Governance

STATUTESSTATUTESState Legislature/AssemblyState Legislature/Assembly

WaterWater

REGULATIONSREGULATIONSState AgenciesState Agencies

PWS Rules, WQSPWS Rules, WQS

POLICY, GUIDANCE and GUIDELINESPOLICY, GUIDANCE and GUIDELINESState AgenciesState Agencies

Technical and Policy IssuesTechnical and Policy Issues

PrimacyPrimacyDelegationDelegationFrom EPAFrom EPA

EXECUTIVE EXECUTIVE ORDERSORDERSGovernorGovernor

Six Common Processes at State Level

• Primacy or authorization• Ambient Monitoring

• Setting technology- and risk-based standards

• Permitting

• Discharge Monitoring and Compliance Determinations

• Enforcement

Six Common Processes at State Level• Primacy or authorization

• Ambient Monitoring• Setting technology- and risk-based standards• Permitting• Discharge Monitoring and Compliance

Determinations• Enforcement

Monitoring and Reporting on the Condition of Water

Monitoring and Reporting on the Condition of Water

Why Monitor Water?

• Establish a baseline from which to track changes

• Detect potential problems

• Inform the public of actual problems

• Verify compliance

• Collect data on emerging contaminants of concern

• Determine program effectiveness

Where Is Water Monitored?• Ambient monitoring

• End of treatment processes

• Within treatment processes or distribution system

What Parameters Are Monitored?

• Chemical– Mostly numeric standards for contaminants or

other parameters

• Physical– Numeric (flow, temperature, habitat structure) or

narrative (objectionable color, aquatic habitat)

• Biological– Numeric (indices of biological integrity, fecal

coliform concentrations, chlorophyll a) or narrative (support populations of fish and shellfish)

Water Quality Reports

• §305(b) - National Water Quality Inventory

• §303(d) - Threatened and Impaired Waters List

• Colorado Regulation 93 - Section 303(d) List Water-Quality-Limited Segments Requiring TMDLS (amended 3/11/08, effective 4/30/08) http://www.cdphe.state.co.us/regulations/wqccregs/100293wqlimitedsegtmdls.pdf

CO Waters Assessed 2008Waterbody Quantity Supports SupportsType Assessed all uses 1 use Impaired Rivers 230,000 mi 41,000 19,480 12,800 17.8% 8.5% 5.6%

Lakes 313,000 ac. 35,270 15,268 43,000 11.3% 4.9% 13.7%

Colorado’s 303(d) list Waters

0 5 10 15 20 25

1

3

5

7Industrial Point Sources

Removal of Streamside Veg.

Urban Runoff/Storm Sewers

Resource Extraction

Habitat Modification

Municipal Point Sources

Agriculture

US Leading Sources/StressorsUS Leading Sources/Stressors

33

33

55

55

55

55

2525

Percent of US Surveyed River MilesPercent of US Surveyed River Miles

AgricultureAgriculture25%25%AgricultureAgriculture25%25%

Surveyed %Surveyed %

Six Common Processes at State Level• Primacy or authorization• Ambient Monitoring

• Setting technology- and risk-based standards

• Permitting• Discharge Monitoring and Compliance

eterminations• Enforcement

Setting National Standards:Health Effects Considerations

• Adverse health effects from acute exposure

• Adverse health effects from chronic exposure

TimeTime

Con

cen

trat

ion

Con

cen

trat

ion

AcuteAcute

Chronic

Chronic

Identifying Adverse Health Effects• Two categories of adverse health

effects– Cancer– Non-cancer

• Toxic effects vary with the magnitude (concentration), duration and frequency of exposure

Risk-Based Analyses

• Risk analysis to support standard-setting– CWA addresses human health and ecological risks

• Analysts estimate risks from various exposure scenarios– Toxicology experiments– Epidemiology studies

Water Quality Standards

• Must address all surface waters (i.e., waters of US and State)

• Key elements– Designated uses– Water quality criteria (conditions supporting

DUs)– Antidegradation

• Optional provisions (e.g., exemptions)

WQS: Key Definitions

• Designated useDesignated use - Expression in WQS of a use of a specific waterbody that should be attained, regardless of current use

• Existing useExisting use - Any use that has been attained or has occurred in a waterbody since November 1975

• DowngradingDowngrading - Changing a designated use from a “higher” (more sensitive) use to a “lower” one

• UpgradingUpgrading - Changing the designated use from a “lower” to a “higher” one

WQS: Designated Use Categories• Drinking water

– Treated or untreated• Human contact

– Noncontact, secondary, primary• Fishing and eating • Aquatic life

– Warmwater species and habitat– Coldwater species and habitat

• Agriculture water supply• Industrial water supply

WQS: Use Classifications

WQS: Designating WaterbodiesThe General Rules• Must designate all “existing” uses• Fishable/swimmable required, with rare

exceptions• Waste transport not OK• Multiple uses OK; “most sensitive use reigns”• Can consider economic factors• Must not preclude attainment of downstream

WQS

Colorado Procedures for Assigning or Changing Classifications

(a) General • (i) Assigning or changing a classification shall be accomplished by rule after a rulemaking hearing. Rulemaking hearings to consider a classification will be conducted according to the Procedural Regulations of the Commission.

At a minimum, the Commission shall review classifications once every three years.

Any interested person have shall have the right to petition the Commission to assign or change a stream classification.

Such petition shall be open to the public inspection.

Procedures for Assigning or Changing Classifications (Cont’d)

WQS: Water Quality Criteria (WQC)• Consistent scientificallyscientifically with protecting all

designated uses• Basic types of criteria

– Narrative, numeric– Water column, sediment, fish tissue

• Categories of criteria– Aquatic life

• Pollutant-specific and aquatic community indices

– Human health (drinking, fish consumption)– Wildlife (semiaquatic, food chain effects)

WQS: Narrative Criteria• Waters must be free from:

– Putrescent or otherwise objectionable bottom deposits

– Oil, scum, and floating debris in amounts that are unsightly

– Nuisance levels of odor, color, or other conditions– Undesirable or nuisance aquatic life– Substances in amounts toxic to humans or aquatic

life• Usually apply to all waters, regardless of use

designation

WQS: Numeric Criteria

• Parameter-specific: dissolved oxygen (DO), temperature, turbidity, N, P, Cu, dioxin– Level or concentration: 1 mg/L, 5 mg/kg– Duration

• Acute: instantaneous, 1-hour, 1-day• Chronic: 4-day, 7-day, 30-day

– Recurrence interval: 1 year, 3 years

Ammonia Criteria: Chronic

Note: varies with pH, too!

Temperature

(pH = 7.5)

Designated Use

Aquatic life Support

5 ºC 7 mg/L

15 ºC 4 mg/L

25 ºC 2 mg/L

WQS: Biological Criteria• Applicable to aquatic life, not human health• Require field sampling and studies• Fish, macroinvertebrates, plants

– Number of individuals, species, categories– Mass of species, feeding guilds, trophic levels– Specialists versus generalists– Tolerant verses intolerant

• Compare conditions at study site with relatively unimpacted reference site

WQS Exemptions: Spatial• Mixing zones

– Limited portions of a waterbody where WQS are waived

– Applies in outfall areas of some point sources– Chronic criteria waived, usually not acute– Size varies from site to site, but zone of passage

for organisms usually required– Often prohibited in critical habitat areas

What do you know about limits on mixing zone size that have been used by States? What are critical areas where one might prohibit mixing zones?

Regulatory Mixing Zone