Toxicity Testing An additional protection against water pollution not prevented by technology-based limitations or water quality limitations Testing requirements individually created for particular NPDES permit Address criteria such as (i) frequency of testing; (ii) types of testing needed; and (iii) use of the testing results

Storm Water Discharges Under the Water Quality Act of 1987, the EPA (i) must establish regulations, and (ii) issue permits for storm water discharges Requirements applicable to: Industrial activity; and Discharges from municipal storm sewer systems serving more than 100,000 people.

Sea and Ocean Discharges Regulated two ways: (1) NPDES permit may be issued for a discharge if the discharge will not result in an “unreasonable degradation of the marine environment” [40 C.F.R. sec. 125.121(e)]. (2) Dumping of pollutants into the marine environment is governed under the Marine Protection Research and Sanctuaries Act (MPRSA) [33 U.S.C. sec. 1401-14].

Nonpoint Source Discharges Any source of water pollution not fitting within the definition of a point source. A pollutant that is not quantifiable or not easily quantified States are responsible for their control Must submit to the EPA state management plans designed to reduce pollution from nonpoint discharges Programs must include a plan for achieving reduction goals and timetable for implementation of reduction measures. Examples Runoff from a farm or a city street

Preventing, Reporting, & Responding to Spills Spill Prevention Control and Countermeasure Plans (SPCC) Plans that require facilities to be prepared for the worst-case spill Items addressed in a SPCC plan include providing information about the person in charge of a facility, training plans, equipment testing, and types of storage containers. Certain types of spills must immediately be reported to the National Response Center. Such spills include any discharge of a harmful quantity of oil or a hazardous substance to navigable waters or to a shoreline.

Enforcement Options Administrative order May require compliance with the act and/or a permit May assess an administrative penalty such as Loss of permit Fines Civil action May assess fines May impose an injunction Criminal action May impose imprisonment

Oil Pollution Act (OPA) Enacted in 1990 Prompted by the 1989 Exxon Valdez oil spill in Alaska Gives the federal government primary authority in the event of a spill (although it does not preempt state law) Sets construction requirements for vessels Sets manning standards for tankers Increases the severity and scope of liability for spills Requires spill response plans A strict liability law Carries serious civil and criminal penalties for violation of its provisions

Safe Drinking Water Act (SDWA) Enacted in 1974 and represents federal controls on the water used in municipal water systems Purpose: to protect the public from contaminated water. SDWA’s restrictions apply to (i) water in public drinking water systems, (ii) underground hazardous waste injection wells, and (iii) some aquifers. Created 2 sets of standards for regulating contaminants in drinking water: Primary standards Designed to regulate contaminants that might adversely affect people’s health Federally mandated Secondary standards Standards that might affect the appearance or odor of the water Not federally enforceable The SDWA is the only federal act that contains this type of “aesthetic” standard

Safe Drinking Water Act (SDWA) (cont.) For purposes of SDWA requirements, contaminant is defined broadly as “any physical, chemical, biological, or radiological substance or matter in water” [42 U.S.C. sec. 300f(6)]. Recommended Maximum Contaminant Level (RMCL) The standard renamed the maximum contaminant level goal. Represents the level of a contaminant at which no known or anticipated adverse effects on the health of persons occur and that allows an adequate margin of safety. Maximum Contaminant Level (MCL) The maximum level of a drinking water contaminant under the SDWA

Safe Drinking Water Act (SDWA) (cont.) Public Drinking Water System (PDWS) Defined as “a system for the provision to the public of piped water for human consumption, if such system has at least fifteen service connections or regularly services at least twenty-five individuals. Such term includes (A) any collection, treatment, storage, and distribution facilities under control of the operator of such system, and (B) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system”. [42 U.S.C. sec. 300f(3)].

Safe Drinking Water Act (SDWA) (cont.) Maximum Contaminant Level Goal (MCLG) Under the 1986 amendments to the SDWA, the standard previously known as the recommended maximum contaminant level (RMCL) was redesignated the MCLG. An MCLG is supposed to be set “at the level at which no known or anticipated adverse effects on the health of persons occur and which allows an adequate margin of safety”. [42 U.S.C. sec. 300f(3)].

Safe Drinking Water Act (SDWA) (cont.) Once an MCLG is set by the EPA, the EPA must then set a MCL as close as feasible to the MCLG. Feasibility is defined as “feasible with the use of the best technology, treatment techniques and other means which the [EPA] Administrator finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration)”. [SDWA sec. 1412, 42 U.S.C. sec. 300g-l(b)(5)]. If a MCL cannot be met, a variance or exemption may be granted.

The Exxon Valdez Oil Spill March 24, 1989: Exxon Valdez grounded on Bligh Reef in Prince William Sound, Alaska, spilling 11 million gallons of oil. Cleanup methods included skimming, booms, manual removal, wiping, tilling, hot-water washing, bioremediation, and experimental use of other mechanical and chemical methods. Due to spill’s magnitude, it was necessary to employ inexperienced workers. Response lasted until late September 1989.