1.
Module 2 Overview of EPA, the Clean Water Act, and Water Quality Standards
- What will we we learn in this Academy?
- Who plays what roles in protecting water quality?
- What is the Clean Water Act?
- What are Water Quality Standards?
WQSA Module 2: Overview

2. Office of Science and Technology
Overview
EPA - Mission and Function
Key Environmental Laws
Office of Water - what we do
EPA Regions - what they do
What do states and tribes do
The Clean Water Act (CWA)
How are Laws, Regulations and Policy different?
Two approaches to water quality control
Water Quality Standards (WQS) Overview
Where do WQS apply?
Example WQS
Office of Science and Technology
WQSA Module 2: Overview

3. Office of Science and Technology
What is EPA?
Mission - Protect Human Health and safeguard the natural environment
Tools: Laws enacted by Congress and the implementing regulations
A Regulatory Agency
Regulatory Responsibilities in Air, Water, Solid Waste, Pesticides, Radiation, Toxic Substances and Hazardous Waste
No single “Environmental Statute”
A Science Agency
Laboratories, Office of Research and Development
Office of Science and Technology
WQSA Module 2: Overview

4. EPA Structure (Handout 2-1, Pg. 2-9)
EPA Structure (Handout 2-1, Pg. 2-9)
Office of Science and Technology
WQSA Module 2: Overview

5. Office of Science and Technology
EPA: Where ?
Office of Science and Technology
WQSA Module 2: Overview

6. EPA: Seven Major Environmental Statutes
EPA: Seven Major Environmental Statutes
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
Clean Air Act (CAA)
Toxic Substances Control Act (TSCA)
Resource Conservation and Recovery Act (RCRA)
Comprehensive Environmental Response Compensation and Liability Act (CERCLA)
Safe Drinking Water Act (SDWA)
Federal Water Pollution Control Act (FWPCA), or the Clean Water Act (CWA)
Office of Science and Technology
WQSA Module 2: Overview

7. EPA: Office of Water (OW)
EPA: Office of Water (OW)
Implements:
Clean Water Act
Safe Drinking Water Act
Others (portions)
Structure
American Indian Environmental Office
Office of Ground and Drinking Water
Office of Wetlands Oceans and Watersheds
Office of Wastewater Management
Office of Science and Technology
Office of Science and Technology
WQSA Module 2: Overview

8. OW: Office of Science and Technology (OST)
OW: Office of Science and Technology (OST)
Function
Develop - “environmental baselines”: sound, scientifically defensible standards, criteria, guidelines,advisories, and limitations under CWA and SDWA
Develop Risk Assessment Methodologies + provide Risk Assessment support for Office of Water
Structure
Engineering and Analysis Division
Health and Ecological Criteria Division
Standards and Health Protection Division
Office of Science and Technology
WQSA Module 2: Overview

9. Office of Science and Technology
WQS: Who Plays?
States, Territories and Indian Tribes with Program Authorization
EPA Regions
EPA Headquarters
Office of Science and Technology
WQSA Module 2: Overview

10. WQS: States, Territories and Authorized Tribes
WQS: States, Territories and Authorized Tribes
Adopt, review and revise water quality standards and implementation procedures in a public process (Section 303(c))
May adopt standards more stringent than recommended by EPA (Section 510)
May certify that federally licensed activities that may result in any discharge to their waters meet WQS (Section 401)
Office of Science and Technology
WQSA Module 2: Overview

11. States, Territories and Authorized Tribes, Continued
States, Territories and Authorized Tribes, Continued
Monitor waters and assess status for 305 (b) and 303 (d) reports
Issue discharge permits (generally)
Tribes: Obtain program authorization
Office of Science and Technology
WQSA Module 2: Overview

12. Office of Science and Technology
EPA Regions
Primary contacts with States and Tribes for Water Programs
Provide Technical Assistance
Consult with Services under Sec. 7 of ESA
Approvals, disapprovals under 303 (c)(4)(a)
Request Administrator “findings” under (4)(b)
Discussion in Module 18, 20
Office of Science and Technology
WQSA Module 2: Overview

13. EPA Headquarters (OST)
EPA Headquarters (OST)
Facilitates development of regulations and policies that guide regional review (with Regions and States)
Scientific and Technical support to Regions
Provides 304(a) recommendations
Provides informal concurrence on:
disapprovals
approvals that raise significant issues
Leads development and financing of promulgations under 303(c)
Makes 303 (c) (4)(b) “findings”
Coordinates with OMB
Office of Science and Technology
WQSA Module 2: Overview

14. Office of Science and Technology
The Clean Water Act
Objective: “restore and maintain the chemical, physical and biological integrity of the Nation’s waters”
Interim goal: “water quality which provides for the protection and propagation of fish, shellfish and wildlife and provides for recreation in and on the water”, wherever attainable
Office of Science and Technology
WQSA Module 2: Overview

15. Clean Water Act: History (Handout 2-3)
Clean Water Act: History (Handout 2-3)
Rivers and Harbors Act of 1899
permits
Water Pollution Control Act of 1948
technical assistance to states
Water Pollution Control Act of 1956
financial assistance to states for treatment plants
Water Quality Act of 1965
first federal water quality standards program, for interstate water
Clean Water Restoration Act of 1966
Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act)
Office of Science and Technology
WQSA Module 2: Overview

16. Office of Science and Technology
Clean Water Act: 1972
Protection for both intra and interstate waters
Coverage for estuaries and wetlands
Office of Science and Technology
WQSA Module 2: Overview

17. Office of Science and Technology
Clean Water Act: 1987
Toxics control
Non-Point Source provisions
Stormwater permitting
Tribal Provisions (Sec. 518)
Office of Science and Technology
WQSA Module 2: Overview

18. Clean Water Act: 2000 Amendments
Clean Water Act: 2000 Amendments
Beaches Environmental Assessment and Coastal Health Act (BEACH Act)
Wet Weather Quality Act
Estuaries and Clean Waters Act
Office of Science and Technology
WQSA Module 2: Overview

19. Clean Water Act: Provisions Handout 2-4
Clean Water Act: Provisions Handout 2-4
Section Goals and Policy
Section Technology Based Effluent Limits
Section Water Quality Based Effluent Limits
Section WQ Standards and Implementation
Section Information and Guidelines
Section Water Quality Inventory
Section National Performance Standards
Section Toxics and Pretreatment Standards
Section Inspection, Monitoring and Entry
Office of Science and Technology
WQSA Module 2: Overview

20. Clean Water Act: Provisions (cont’d)
Clean Water Act: Provisions (cont’d)
Section Thermal Discharges
Section Nonpoint Source Management
Section National Estuary Program
Section Certification
Section Point Source Permitting (NPDES)
Section Dredge and Fill Permitting
Section State Authority
Section Reports to Congress
Section Indian Tribes
Office of Science and Technology
WQSA Module 2: Overview

21. CWA: Technology Based Approach (Section 301)
CWA: Technology Based Approach (Section 301)
Effluent limits for industrial dischargers to surface waters and Publicly Owned Treatment Works (POTWs)
Effluent Limits for Publicly Owned Treatment Works (“secondary treatment”)
Based on performance of treatment and control technologies, not impacts to receiving waters
Office of Science and Technology
WQSA Module 2: Overview

22. Water Quality Based Approach (Section 302) (Handout 2-5)
Water Quality Based Approach (Section 302) (Handout 2-5)
Determine
Protection Level
(EPA Criteria/State WQS)
Measure Progress
Conduct WQ
Assessment
(Identify Impaired Waters)
Monitor and Enforce
Compliance
(Self Monitoring, Agency Monitoring)
Set Priorities
(Rank/Target Waterbodies)
Establish Source
Controls
(Point Source, NPS)
Evaluate Appropriateness
of WQS for Specific Waters
(Reaffirm WQS)
Define and Allocate
Control Responsibilities
(TMDL/WLA/LA)
Office of Science and Technology
WQSA Module 2: Overview

23. Office of Science and Technology
What are Laws?
Passed by Congress, signed by the President
Published in the United States Code (U.S.C.) (
Clean Water Act is 33 U.S.C
Office of Science and Technology
WQSA Module 2: Overview

24. What are regulations? (1)
What are regulations? (1)
“Substantive Rules” or “Legislative Rules”
Have the force and effect of law
A “must”
Involves “notice and comment” rulemaking
May involve Office of Management & Budget (OMB)
Agency develops rationale and proposed regulation and publishes it and requests comment in the Federal Register (FR):
Office of Science and Technology
WQSA Module 2: Overview

25. What are regulations? (2)
What are regulations? (2)
Agency considers all comments, revises proposed regulation accordingly, and publishes final rule
Once regulation is published in Federal register as a Final Rule, it is Codified by being published in the Code of Federal Regulations (CFR) (
Office of Science and Technology
WQSA Module 2: Overview

26. What are regulations? (3)
What are regulations? (3)
50 volumes in the Code of Federal Regulations, called Titles, each focused on a particular subject
Almost all environmental regulations are at Title 40 “Protection of Environment”
Basis for disapproval of water quality standards
Office of Science and Technology
WQSA Module 2: Overview

27. What is Guidance or Policy?
What is Guidance or Policy?
“general statements of policy”
“should”
notice and comment not required
not binding on Agency or Public
not a basis for disapproval
Governed by section 553 of the Administrative Procedure Act:
examples:
Office of Science and Technology
WQSA Module 2: Overview

28. Water Quality Standards (see 40 CFR 131.3)
Water Quality Standards (see 40 CFR 131.3)
Provisions of State / Tribal (or Federal) Law
Designated Uses
Criteria to protect those uses
Antidegradation policy
Water Quality Standards are to:
Protect public health or welfare
Enhance the quality of the water
Serve the purposes of the Act
Office of Science and Technology
WQSA Module 2: Overview

29. Water Quality Standards: Functions
Water Quality Standards: Functions
Establish water quality goals for a waterbody (Sec. 303)
Provide a regulatory basis for controls beyond technology based limits (Sec. 402)
Are used to determine the attainment/non-attainment of designated uses (Sec. 303)
Are used to prepare reports on the condition of the State’s water quality (Sec. 305)
Are the target for calculating Total Maximum Daily Loads (TMDLs) (Sec. 303)
Office of Science and Technology
WQSA Module 2: Overview

30. WQ Standards Functions, Cont’d
WQ Standards Functions, Cont’d
Are used to make decisions regarding Sec. 401 certification of permits and licenses
Are used in developing the State or Tribal Water Quality Management Plan (Sec. 208)
Are used in developing, revising and implementing Sec. 319 and CZRA Sec for NPS control
Office of Science and Technology
WQSA Module 2: Overview

31. Office of Science and Technology
Designated Uses (40 CFR )
Protection and Propagation of fish, shellfish and wildlife
Recreation in and on the water
Public water supply
Agriculture
Industry
Navigation
Others
Discussed in Modules 3 and 4
Office of Science and Technology
WQSA Module 2: Overview

32. Water Quality Criteria (40 CFR 131.3, 131.11)
Water Quality Criteria (40 CFR 131.3, )
Narrative or Numeric
Protect a designated use
Include:
Aquatic Life Criteria
Human Health Criteria
Biological Criteria
Nutrient Criteria
Discussed in Modules 7,8,9,11,12
Office of Science and Technology
WQSA Module 2: Overview

33. Antidegradation Policies (40 CFR 131.12)
Antidegradation Policies (40 CFR )
Discussed in Module 14 (Antidegradation)
Office of Science and Technology
WQSA Module 2: Overview

34. General policies (40 CFR 131.13)
General policies (40 CFR )
States and authorized tribes may include in their standards policies affecting application and implementation, such as:
Mixing zones
Low flows
Variances
Subject to EPA review and approval
Discussed in Modules 15,16,17,18,19,20
Office of Science and Technology
WQSA Module 2: Overview

35. WQS: States and Authorized Tribes
WQS: States and Authorized Tribes
Have the primary authority to adopt, review and revise water quality standards (Section 303 (c) of the CWA)
May adopt standards more stringent than recommended by EPA (Section 510 of the CWA)
May certify Federally licensed activities that result in discharge to waters of the US (Section 401 of the CWA)
Discussed in Modules 18 and 19A
Office of Science and Technology
WQSA Module 2: Overview

36. Submittal of WQS (40 CFR 131.20(c))
Submittal of WQS (40 CFR (c))
When a state or tribe submits its standards to EPA for review, it must include:
Use(s) for each waterbody, and any supporting analysis
criteria sufficient to protect those uses
with any methodologies for site specific criteria
an antidegradation policy consistent with 40 CFR
Certification that the standards were duly adopted according to state or tribal law
Other general information
Review and approval/disapproval by Regional Administrator
Discussed in Modules 18, 19A, 21
Office of Science and Technology
WQSA Module 2: Overview

37. Federal Promulgations (40 CFR 131.22)
Federal Promulgations (40 CFR )
If EPA disapproves AND
If state or tribe does not adopt the specified changes within 90 days...
THEN the EPA Administrator must promptly propose and promulgate a replacement standard (CWA Section 303 (c) (4)(A))
OR in any case where the Administrator determines new or revised standards are necessary to meet the requirements of the CWA (CWA Section 303 (c) (4)(B))
Discussed in Module 18
Office of Science and Technology
WQSA Module 2: Overview

38. Waters of the U.S. (1) (Handout 2-6)
Waters of the U.S. (1) (Handout 2-6)
Used or maybe susceptible for use in interstate or foreign commerce
Interstate Waters
Other waters, the use, degradation or destruction of which could affect such commerce
Impoundments of waters so defined
Tributaries of the above
the Territorial Sea
Wetlands adjacent to the above
Office of Science and Technology
WQSA Module 2: Overview

39. Integrated Reporting: Sections 305 (b) and 303 (d)
Integrated Reporting: Sections 305 (b) and 303 (d)
Document assessment methodology for WQS attainment decisions
Categorize all state waters based on WQS attainment status
Present results of probability-based design at state or watershed scale
Establish monitoring priorities for next 2 years
Establish TMDL development priorities for all Category 5 waters
Office of Science and Technology
WQSA Module 2: Overview

40. Integrated Report Categories
Integrated Report Categories
Attaining all designated uses
Attaining some designated uses, and insufficient or no data and information to determine if remaining uses are attained
Insufficient or no data and information to determine if the standard is attained
Impaired or threatened for one or more designated uses but not needing a TMDL because --
a. TMDL has been completed
b. Expected to meet standards
c. Not impaired by a pollutant
Impaired or threatened by pollutant(s) for one or more designated uses and requiring a TMDL
305 (b)
Report
303(d)
List
Office of Science and Technology
WQSA Module 2: Overview

41. Office of Science and Technology
TMDL Definition
TMDL = SWLAi + SLAi + MOS
SWLAi: Sum of waste load allocations (point sources)
SLAi: Sum of load allocations (nonpoint sources)
MOS: Margin of Safety
- Extra measure of protection due to uncertainty
- Can be explicit (e.g., 10%) or implicit (safety factors and assumptions in modeling, etc.)
Office of Science and Technology
WQSA Module 2: Overview

42. NPS Source Category 2 (LA) NPS Source Category 1 (LA)
TMDL Allocation
Sub Watershed 1
MOS
Reserve Capacity
Sub Watershed 2
Natural Background
Point Source 1 (WLA)
NPS Source Category 2 (LA)
NPS Source Category 1 (LA)
Point Source 2 (WLA)
WQSA Module 2: Overview

43. Standards-to-Permits Process
Standards-to-Permits Process
40 CFR §122.44(d)
Technical Support Document for Water Quality-based Toxics Control (EPA/505/ ), March 1991
WQSA Module 2: Overview

44. Standards-to-Permits Process
Develop Technology-Based Limits for All Pollutants of Concern (POC)
Has a TMDL been developed for the POC?
Place Technology-Based Limits in NPDES Permits or collect more data
Yes No
Is there “Reasonable Potential”? No
Yes
Calculate WQ-Based Wasteload Allocation (WLA)
Continued
WQSA Module 2: Overview

45. Standards-to-Permits Process (Continued)
Calculate WQ-Based Wasteload Allocation
Use statistical procedure to develop Long Term Average (LTA)
Use statistical procedure to develop Maximum Daily Limit (MDL) and Average Monthly Limit (AML)
Place Water Quality-Based limits in permit
Are WQ-
based MDL and AML more stringent than Technology-Based limits?
Yes No
Place Technology-Based limits in Permit
167D-6C-4
WQSA Module 2: Overview

46. Water Quality Standards: Example
Water Quality Standards: Example
Handout 2-7
Office of Science and Technology
WQSA Module 2: Overview