1. Water Quality
ENVE 649

2. Water Quality Hazardous waste winds up in water
If it can be legally discharged to water it may not be hazardous

3. Classes of receiving waters
Fresh surface waters
Ground water
Salt water

4. Main Laws Fresh surface waters Ground water Salt water
Clean Water Act (1972)
Clean Water Act Amendments (1987)
Ground water
Safe Drinking Water Act (1974)
Salt water
Several

5. Clean Water Act History
“…restore and maintain the chemical physical and biological integrity of the nations’ waters.”
“Discharge (from a point source) of pollutants into the navigable waters be eliminated and that, where attainable, the water quality …support fishing and swimming.”

6. What is a “pollutant” Very broad statutory definition
No regulatory or de minimis exception
Every discharge is covered, provided other requirements are present.

7. All point sources will be required to obtain a National Pollution Discharge Elimination System (NPDES) permit.

8. What is a “point source”?
Pipes, for sure
Also surface water, if it is channeled or collected
Non-point, which are excluded from NPDES are such as: runoff from streets and farms, timber operations, construction sites. (Less restrictive regulatory schemes for these.)

9. What are “navigable waters”
Pretty much all surface waters that might be used in interstate commerce, or
might affect interstate commerce, such as lake and wetlands
Typically near shore salt waters are included, oceans are not.

10. The next slides discuss the level of treatment that the NPDES will require. As you go look at the slides, you will realize that the levels of treatment are not “cast in concrete,” but will vary with time and the particular industries and processes involved.

11. Restrictions on Pollutants
Often expressed as weight of pollutant per weight of product
Different for different industries
Standards applied through individual plants through NPDES permit.
Terminology

12. Industrial Dischargers
Existing (old) Direct
BPT, Best practical technology,
considers cost
BAT, Best available technology that is economically achievable.
For toxic pollutants
BCT, Best conventional technology
for “conventional pollutants”-BOD, SS, pH
start with BPT and consider improvements
BAT is for toxic pollutants

13. Industrial Dischargers
Industrial, new, Direct
BADT, Best available demonstrated technology
little consideration of cost
no variances based on specific circumstances.

14. So the standards are more stringent for new potential polluters than for existing polluters.

15. Indirect Dischargers Indirect = through POTW Pretreaters
Publicly owned treatment works
Pretreaters
No NPDES permit, but “pretreatment standards”
Must not “pass through” or interfere
With POTW operations.
Pretreater (the industry that is discharging) is regulated (in the first instance) by POTW, rather than agency.

16. The POTW themselves must get an NPDES permit.

17. POTW The permits will require: Achieve “secondary treatment”
Numerical values for BOD, SS, pH

18. NPDES Program National Pollution Discharge Elimination System
When writing the permit, the agency will consider two main criteria:
1. Technology based standards on all industries (BADT)
2. Further controls such that receiving waters maintains compliance with water quality standards

19. Standards for receiving waters
Anti-degradation Policy
existing uses shall be maintained
If existing will support propagation of fish, shellfish, wildlife and recreation, it must be maintained at that level, unless
State proves some economic necessity
Narrative Criteria
Numerical Standards
Relate to “use”

20. Various “Uses” Set by States, EPA reviews Public water supply
Protection of fish, shellfish, and wildlife
Recreation
Agriculture
Industry
Navigation

21. Narrative Standards Waters shall be free from discharges that:
Settle to form objectionable deposits
Float as debris, scum, oil, nuisances
Produce objectionable color, taste, odor, turbidity
Cause injury or adverse physiological responses in humans or animals
Produce undesirable aquatic life.

22. Numeric Criteria Pollutants In-stream criteria
metals, organics, etc.
EPA list of pollutants subject BADT
AKA “priority pollutants.”
In-stream criteria
pH, DO, chlorides, sulfates
Based on human health and wildlife, for the intended use

23. What if the receiving waters are already more polluted than allowed for the intended use of the water?

24. TMDL’s Permit issuer (EPA or a few states)
Determines that technology based standards will not achieve water quality standards
pollutant specific
Issuer develops “total maximum daily loads” (TMDL) of pollutant that water body can assimilate and comply with WQ standards.

25. TMDL refers to each toxic substance.
Allocate TMDL to various point and non-point sources
Might reserve for future development, or
Account for scientific uncertainty

26. That is, all the NPDES permitees that discharge into the water can be limited. (They would have to limit their production or operations, or invest in better pollution protection equipment.)

27. Detail on Pretreatment
Administered by POTW
Subject to detailed regulations and oversight by EPA, NPDES regulators
Purpose to avoid:
“Pass-through” and
“Interference”

28. Pretreatment Monitor significant industrial users
Important general limitations
hot material
corrosive
explosive
health and safety of POTW workers
Special limitations for certain industries
‘categorical limitations”
Local limits

29. When writing the NPDES permit, the agency might specify that the contaminants be measured in the receiving waters, beyond some mixing zone.

30. Mixing Zone Compliance boundary 100 Meters is common
zone of dilution before compliance with relevant WQ standard is measured
100 Meters is common
Unless inappropriate
exposures in MZ

31. Stormwater Foregoing was “point source”
Stormwater is also often point source
under-regulated by EPA until
1987 amendments to CWA
now firmly regulated
subject to varying deadlines
Industrial vs. Municipal

32. Industrial Stormwater
Broadly, stormwater
Related to Industrial use
Raw materials storage
lists 11 major categories
Including:
1. construction of more than 1 acre (had been 5)
2. landfills
3. recycling facilities

33. Industrial Applications
Individual or Group application
Must meet CWA criteria (called section 301)
technology
water quality based
General Permits
A general permit might be issued for an area, requiring less stringent administration.

34. Municipal Permits Similar to Industrial
Municipalities must prevent non-stormwater discharges in storm sewers
Reduce pollutants to maximum extent practical

35. Wetlands
Section 404 of CWA
not usually HW issue

36. SDWA and Groundwater
All foregoing was CWA, discharges to fresh surface water.
SDWA, Safe Drinking Water Act
Deals primarily with tap water, what people drink.
Not Hazardous Waste topic, usually

37. HW issues in SDWA Underground injection well, control Also
Drinking Water MCLGs and MCLs
maximum contaminant level goals
maximum contaminant levels

38. Wells that inject hazardous waste are permitted.

39. Classes of Injection Wells
I. Hazardous Waste injection below underground source of drinking water (with 1/4 mile)
II. Industrial, oil and gas mostly,
III. Certain mineral extraction
IV. (old) HW with 1/4 mile of water source
V. (old) Typically cesspools and drywells. See:

40. Therefore
Any discharge to groundwater that is not a permitted injection well is illegal

41. Class IV and V wells are being phased out
Class IV and V wells are being phased out. Class II are mostly oil and gas industry putting drill cuttings and mud back into the hole. Class III are sulfur and salt extraction wells and similar processes.

42. Class I wells have many restrictions and many types of HW cannot be sent to a Class I well.

43. MCLG and MCLs
These are numerical standards for drinking water that central water works pipe to residences. The recent flap about the arsenic standard was about an MCL.
MCLs are valuable because they provide a number that one can argue is safe. So if a HW discharge to a pond will not drive the pond water over the relevant MCL, the polluter may argue that the pond water is “safe enough to drink.”

44. Discharges to marine (salt) waters come under different laws than fresh waters.

45. Marine Waters
The “Ocean Dumping Act,” also known as Marine Protection, Research and Sanctuaries Act.
No radiological, chemical, and biological warfare agents or high-level radioactive wastes may be dumped.
Sewage sludge and industrial wastes were prohibited by an earlier act.

46. Ocean Dumping Dumping of other substances may be permitted by EPA
Corps of Engineers may dump dredge spoil, but must notify EPA
The muck that is dredged from rivers and harbors is often contaminated such that the dredged material is a hazardous waste.