Regulations that Protect Clean Water
Regulations that Protect Clean Water
Jocelyn Mullen, P.E.
PART 2 OF PRESENTATION
Presented at
The Water Course
January 27, 2010Mesa County Water Association
Six Common Processes at State Level• Primacy or authorization• Ambient Monitoring• Setting technology- and risk-based standards
• Permitting• Discharge Monitoring and Compliance
Determinations• Enforcement
What Is a Permit?
• Establishes the technical and administrative conditions for operation
• Allows EPA and States to track compliance
• Assures communication between regulated party and permitting authority
• Includes the public as a stakeholder
NPDES Permitting
• Illegal for point source (pipe, ditch, channel, tunnel, vessel, rolling stock, or other manmade conveyance) to discharge pollutants to surface waters without a permit
• Permit is a license granting permission to discharge– Not a right: permit is revocable “for cause”
(e.g., non-compliance)
NPDES Program: Coverage• WastewaterWastewater
• Storm water runoffStorm water runoff
• Concentrated animalConcentrated animal feeding operationsfeeding operations
• MinesMines
• ShipsShips
• Offshore oil rigsOffshore oil rigs
• Remedial action activityRemedial action activity
DirectIndirec
t POTW
Industry
Industry
Direct and Indirect Discharges
NPDES Permits • Permit term: 5 years
• Issued by authorized States, Tribes, or EPA
• Public review and comment on draft permits
• EPA review of State draft permits– Discharges to territorial seas– Discharge may affect water of another State– Selected “majors” (> 1 MGD)
• Administrative and judicial appeal processes
NPDES Permits: Elements• Effluent limits• Best management practices• Compliance schedule• Monitoring requirements• Reporting requirements• Reopener provisions• For POTWs only: pretreatment
program and sludge management program
Effluent (Discharge) Limits• “Technology-based” end-of-pipe performance
requirements (concentration/mass)– BAT, NSPS, PSES, secondary treatment– Spelled out in EPA regulation packages (effluent
guidelines)– Use best professional judgment (BPJ) if no EPA
regulations• Water quality-based (linked to TMDLs)
– Only where tech-based controls are insufficient to meet WQS
• Back-calculated from numeric WQC: pollutant concentrations in discharge
• Derived from narrative criteria: whole effluent toxicity testing
Six Common Processes at State Level
• Primacy or authorization• Ambient Monitoring• Setting technology- and risk-based standards• Permitting
• Discharge Monitoring and Compliance Determinations
• Enforcement
Wastewater Discharge Monitoring in Colorado
• Self monitoring – performed by permitted entity
• Compliance Sampling
Inspections (CSI)
• Compliance Evaluation
Inspections (CEI)Performed by the State
Wastewater Discharge Monitoring
• Self –Monitoring:– Entity samples point sources according to permit
requirements– Permits specify location, frequency, sample type,
analyses
• Regulatory agency notified of results using Discharge Monitoring Reports (DMRs)
• Regulatory agency notified of noncompliance
Compliance Determinations• DMRs reviewed by agency
• Results entered into National Database (Permit Compliance System PCS or Integrated Compliance Information System ICIS)
• Compliance Advisory, Notice of Violation issued by regulatory agency for significant noncompliance
Six Common Processes at State Level• Primacy or authorization
• Ambient Monitoring
• Setting technology- and risk-based standards
• Permitting
• Discharge Monitoring and Compliance Determinations
• Enforcement
Enforcement
• Agencies have discretion in enforcement– Actions depend on risk to public health,
environment and facility history
• Preventive actions come first• Informal actions are less resource-intensive,
often effective in achieving compliance• Formality of actions escalates with continued
noncompliance
Enforcement
• Formal enforcement actions– Administrative orders and penalties– Civil actions– Criminal actions
Enforcement
• Referral to EPA for enforcement
• Joint EPA-State enforcement actions
• Independent EPA enforcement actions
• Citizen suits
Additional Strategies to Meet Standards
Additional Strategies to Meet Standards
Water Resource Protection
CWA: Total Maximum Daily Loads
Antidegradation
Nonpoint Source Program
Additional Strategies Include:• Water Resource Protection
• Regulations and Permits
• Land Use Controls
• Public Education
• Structural Measures
• Responsible Land Management
• Good Housekeeping Practices
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