Clean Water Act (CWA) Purpose To “restore and maintain the chemical, physical, and biological integrity” of the “waters of the United States” Scope All point sources that discharge any pollutants into the waters of the United States must first obtain a permit under the Act. Program implemented by the EPA With the EPA’s approval, states can issue NPDES permits within the state. The EPA can revoke a state’s permitting authority if the program is not as stringent as the federal program.

Waters of the United States Definition “All waters of the United States including the territorial seas” Includes: waters that can or could be used for navigation; waters that connect or could connect with an interstate waterway; waters that are or could be used in interstate commerce; or any surface water in which the U.S. does or might have an interest (but not groundwater unless connected hydrologically with waters of the U.S.) Has been interpreted to include: an arroyo (a watercourse in an arid region), which is usually dry, but through which water could flow and end up in a public body of water; wetlands (such as marshes and bogs); artificially created canals; and mangrove swamps. The definition of “waters” uses the term “navigable” Navigable means “deep and wide enough to afford passage for ships”

Pollutants Pollutant is defined as: dredged spoil; solid waste; incinerator residue; sewage; garbage; sewage sludge; munitions; chemical wastes; biological materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; and industrial, municipal, and agricultural waste.

Permit Systems National Pollutant Discharge Elimination System (NPDES) Pursuant to the CWA, this system determines, through the permitting process, the types and amounts of pollutants discharged into waters and streams. Point source Includes any discernable, confined, and discrete conveyance It includes, but is not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation (such as a feed lot), or vessel or other floating craft, from which pollutants are or may be discharged. Nonpoint source See Slide #14

NPDES Permit System Seven stages: application for a NPDES permit certification by the state Fact Sheet or Statement of Basis opportunity for the public to comment issuance or denial of a permit evidentiary hearing before an administrative law judge appeal to the federal Court of Appeals

NPDES Permit Conditions Designed to establish effluent limitations that are: appropriate to the activity being proposed and enforceable by the applicable regulatory agency.

Technology-Based Standards Effluent Guidelines Best Practicable Technology (BPT) Refers to the minimum level of required treatment for pollutants Best Conventional Technology (BCT) Applies to discharges of conventional pollutants Best Available Technology (BAT) Applies to discharges of toxic and nonconventional pollutants Best Available Demonstrated Technology (BADT) Applies a demonstrated technology level to the discharge of toxic and non-conventional pollutants Best Professional Judgment (BPJ) The use of scientific analysis of the type, amount, location, and other relevant conditions connected with a proposed discharge Used to determine the appropriate permit limitations if: (1) the discharger is in an industry for which guidelines have not been established; or (2) the proposed discharge does not have established guidelines New Source Performance Standards (NSPS) (of “best available demonstrated control technology”) Standards applicable to new source discharges

Technology-Based Standards (cont.) Fundamentally Different Factor (FDF) A type of variance given under the CWA when a discharger can demonstrate that factors applied to determining the technology-based standards for its facility are fundamentally different from the factors considered when the EPA developed the effluent limitations guidelines for the type of facility the discharger is operating. Factors influencing a determination as to whether an FDF variance is warranted: The type of pollutants in the discharge The volume of the discharge Environmental impacts of the discharge not related to water quality Energy requirements of the proposed treatment technology An evaluation of the discharger’s facility, equipment, and processing practices, including the age, size, and location of the facility

Water Quality Standards Standards established by states for waters within their jurisdiction The standards consist of 2 elements: (1) use classifications; and (2) water quality criteria.

Water Quality Standards (cont.) Use classifications Waters classified based on their intended use Classifications include (i) public drinking water supplies; (ii) waters for the propagation of fish & wildlife; (iii) waters to be used for recreational purposes; & (iv) waters intended for industrial, agricultural, or other uses Water quality standards Under the Water Quality Act of 1987, they must be numerical & incorporate the physical, chemical, & biological characteristics of water suitable for each identified intended use Establish a maximum numerical level of a given pollutant in water used for a particular purpose Standards established by application of scientific formulas, taking into account: the flow of the water into which a pollutant will be discharged; the rate of mixture with the water; and the total maximum daily load (TMDL) Defined as the amount of pollutants a certain body of water can tolerate without exceeding applicable water quality standards Individual Control Strategies (ICSs) Standards set for bodies of water that, even with the application of technology-based limitations, will not meet the state’s water quality standards