1. Regulations that Protect Clean Water Jocelyn Mullen, P.E. Presented at The Water Course January 27, 2010 Mesa County Water Association

2. 90,465 square miles of estuaries 41 million miles of lakes, ponds, reservoirs 3.6 million miles of rivers and streams 100 million acres of wetlands in 48 states (170-200 million in Alaska) 66,645 miles of ocean shoreline 5,523 miles of Great Lakes shoreline 33,000 trillion gallons of ground water America’s Water Resources: A Large and Diverse Portfolio

3. Discussion Why do we need regulations to keep water clean ? We all live downstream of something or somebody

4. Major Regulations: Federal Water Pollution Control Act and Amendments – Clean Water Act (CWA) Safe Drinking Water Act and Amendments – Underground Injection Control (UIC) Colorado Statutes and Regulations

5. Major uses of Water: Public Water Supply Agricultural Water Supply– Crop Irrigation Water-Based Recreation Commercial, Subsistence and Recreational Fishing Industrial Uses Aquatic Life and Wildlife Wildlife Dependent on Aquatic Food Chains

6. Threats to Surface and Ground Water Natural causes Manmade causes

7. Natural Impacts: Geological Activity Climate & Weather Fire Sediment erosion from upstream

8. Impacts from Agriculture: Effect of Agriculture on Stream Hydrology and Chemistry

9. Impacts from Commerce and Industry: Eroded road from timber harvesting Metals leaching from mining Commercial fishing Industrial discharge

10. Manmade Impacts: Atmospheric Changes Acid Deposition

11. Impacts from Land Use and Urbanization: Aerial view of Washington, D.C. Time Stream Discharge After Before

12. Manmade Impacts: Invasive Species Zebra mussel Hydrilla Nutria

13. Contaminants and Pollutants Chemicals –Organic –Inorganic –Disinfection byproducts Biological organisms –Pathogens –Invasive species Physical –Heat

14. Effects of Contamination Adverse health effects Ecological effects and costs Economic costs Aesthetic costs

15. Health Effects: Pathways of Exposure Human routes –Drinking water –Foods –Body contact Aquatic organisms –Respiration –Food Semi-aquatic wildlife –Food

16. Health Effects: Temporal Aspects Duration –Short term (acute) –Long term (chronic) Pattern –Constant or continuous –Intermittent Frequent Infrequent

17. History of Water Regulation in the United States

18. Pre-EPA History of Water Regulation First-known treatment 300 BCE Early 1800s Late 1800s - Early 1900s1970 Mid-1900s Early recognition of water-disease link Federal Water Pollution Control Act, 1948, 1956, 1965 Regulation as local health issue Rivers and Harbors Act, PHS standards Early State regulations

19. EPA Established Water pollution control moved from Department of the Interior to EPA Drinking water program moved from Public Health Service to EPA Attempted resurrection of the Rivers and Harbors Act of 1899

20. Post-EPA History of Water Regulation SDWA Amendments 1970 197719961987 Clean Water Act CWA Amendments FWPCA Amendments 1974 1972 1986 Coastal Zone Management Act Marine Protection, Research and Sanctuaries Act Safe Drinking Water Act SDWA Amendments 1990 Oil Pollution Act

21. Federal Water Pollution Control Act Amendments The Clean Water Act

22. FWPCA Amendments of 1972 States are primary implementers, with EPA oversight No right to pollute navigable waters of the U.S. Enforceable permits with discharge limits for point sources Establishment of “technology-based” controls, backed by “water quality- based” controls

23. FWPCA Amendments of 1972 Greatly increased funding for municipal sewage systems Expanded requirements for WQS for all surface waters Established permit issuance authority for point sources Strengthened enforcement authority, including citizen suits

24. Key Term: Pollutant Dredged spoil, solid waste, incinerator residue, filter backwash, sewage sludge, munitions, chemical wastes, biological materials, some radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste CWA Section 502(6)

25. Point Source Any discernable, confined, discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, rolling stock, concentrated animal feeding operation, some vessels, or other floating craft from which pollutants are or may be discharged Does not include return flows from irrigated agriculture CWA Section 502(14)

26. FWPCA Goals "Restore and maintain the chemical, physical and biological integrity of the Nation's waters“ (fishable/swimmable goal)"Water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water" (fishable/swimmable goal)

27. Technology-Based vs. Water Quality-Based Technology-based –Source > Pollutant > (Waterbody) Water quality-based –Waterbody > Pollutant > Source

28. 1987 Water Quality Act State revolving fund Water quality-based toxics controls Sewage sludge (biosolids) management Storm water permits Antidegradation policy Nonpoint source programs Treatment as a State for Tribes

29. CWA: Part I, Technology-Based Point source discharges to surface waters through NPDES permitting Generally-applicable limits Discharge limits determined by technical and economic feasibility within each industrial grouping

30. CWA: Part II, Water- Quality Based Technology-based limits on existing and new point sources still apply Additional point source limits when WQS still not met after tech-based level of treatment New limits driven by WQS Total Maximum Daily Load (TMDL) consistent with meeting WQS set, then allocated among sources

31. Program Implementation Framework

32. Hierarchy of Federal Governance STATUTES Congress and President SDWA, CWA REGULATIONSEPA Rad Rule, Effluent Guidelines POLICY, GUIDANCE and GUIDELINES EPA Capacity Development Guidance, BMP Manuals EXECUTIVEORDERSPresident

33. Hierarchy of State Governance STATUTES State Legislature/Assembly Water REGULATIONS State Agencies PWS Rules, WQS POLICY, GUIDANCE and GUIDELINES State Agencies Technical and Policy Issues PrimacyDelegation From EPA EXECUTIVEORDERSGovernor

34. Six Common Processes at State Level Primacy or authorization Ambient Monitoring Setting technology- and risk-based standards Permitting Discharge Monitoring and Compliance Determinations Enforcement

35. Six Common Processes at State Level Primacy or authorization Ambient Monitoring Setting technology- and risk-based standards Permitting Discharge Monitoring and Compliance Determinations Enforcement

36. Monitoring and Reporting on the Condition of Water

37. Why Monitor Water? Establish a baseline from which to track changes Detect potential problems Inform the public of actual problems Verify compliance Collect data on emerging contaminants of concern Determine program effectiveness

38. Where Is Water Monitored? Ambient monitoring End of treatment processes Within treatment processes or distribution system

39. What Parameters Are Monitored? Chemical –Mostly numeric standards for contaminants or other parameters Physical –Numeric (flow, temperature, habitat structure) or narrative (objectionable color, aquatic habitat) Biological –Numeric (indices of biological integrity, fecal coliform concentrations, chlorophyll a) or narrative (support populations of fish and shellfish)

40. Water Quality Reports §305(b) - National Water Quality Inventory §303(d) - Threatened and Impaired Waters List Colorado Regulation 93 - Section 303(d) List Water-Quality-Limited Segments Requiring TMDLS (amended 3/11/08, effective 4/30/08) http://www.cdphe.state.co.us/regulations/wqccregs/1002 93wqlimitedsegtmdls.pdf

41. CO Waters Assessed 2008 Waterbody Quantity Supports Supports Type Assessed all uses 1 use Impaired Rivers 230,000 mi 41,000 19,480 12,800 17.8% 8.5% 5.6% Lakes 313,000 ac. 35,270 15,268 43,000 11.3% 4.9% 13.7%

42. Colorado’s 303(d) list Waters

43. Industrial Point Sources Removal of Streamside Veg. Urban Runoff/Storm Sewers Resource Extraction Habitat Modification Municipal Point Sources Agriculture US Leading Sources/Stressors 33555525 Percent of US Surveyed River Miles Agriculture25%Agriculture25% Surveyed %

44. Six Common Processes at State Level Primacy or authorization Ambient Monitoring Setting technology- and risk-based standards Permitting Discharge Monitoring and Compliance eterminations Enforcement

45. Setting National Standards: Health Effects Considerations Adverse health effects from acute exposure Adverse health effects from chronic exposure Time Concentration Acute Chronic

46. Identifying Adverse Health Effects Two categories of adverse health effects –Cancer –Non-cancer Toxic effects vary with the magnitude (concentration), duration and frequency of exposure

47. Risk-Based Analyses Risk analysis to support standard-setting –CWA addresses human health and ecological risks Analysts estimate risks from various exposure scenarios –Toxicology experiments –Epidemiology studies

48. Water Quality Standards Must address all surface waters (i.e., waters of US and State) Key elements –Designated uses –Water quality criteria (conditions supporting DUs) –Antidegradation Optional provisions (e.g., exemptions)

49. WQS: Key Definitions Designated useDesignated use - Expression in WQS of a use of a specific waterbody that should be attained, regardless of current use Existing useExisting use - Any use that has been attained or has occurred in a waterbody since November 1975 DowngradingDowngrading - Changing a designated use from a “higher” (more sensitive) use to a “lower” one UpgradingUpgrading - Changing the designated use from a “lower” to a “higher” one

50. WQS: Designated Use Categories Drinking water –Treated or untreated Human contact –Noncontact, secondary, primary Fishing and eating Aquatic life –Warmwater species and habitat –Coldwater species and habitat Agriculture water supply Industrial water supply

51. WQS: Use Classifications

52. WQS: Designating Waterbodies The General Rules Must designate all “existing” uses Fishable/swimmable required, with rare exceptions Waste transport not OK Multiple uses OK; “most sensitive use reigns” Can consider economic factors Must not preclude attainment of downstream WQS

53. Colorado Procedures for Assigning or Changing Classifications (a) General (i) Assigning or changing a classification shall be accomplished by rule after a rulemaking hearing. Rulemaking hearings to consider a classification will be conducted according to the Procedural Regulations of the Commission.

54. At a minimum, the Commission shall review classifications once every three years. Any interested person have shall have the right to petition the Commission to assign or change a stream classification. Such petition shall be open to the public inspection. Procedures for Assigning or Changing Classifications (Cont’d)

55. WQS: Water Quality Criteria (WQC) scientificallyConsistent scientifically with protecting all designated uses Basic types of criteria –Narrative, numeric –Water column, sediment, fish tissue Categories of criteria –Aquatic life Pollutant-specific and aquatic community indices –Human health (drinking, fish consumption) –Wildlife (semiaquatic, food chain effects)

56. WQS: Narrative Criteria Waters must be free from: –Putrescent or otherwise objectionable bottom deposits –Oil, scum, and floating debris in amounts that are unsightly –Nuisance levels of odor, color, or other conditions –Undesirable or nuisance aquatic life –Substances in amounts toxic to humans or aquatic life Usually apply to all waters, regardless of use designation

57. WQS: Numeric Criteria Parameter-specific: dissolved oxygen (DO), temperature, turbidity, N, P, Cu, dioxin –Level or concentration: 1 mg/L, 5 mg/kg –Duration Acute: instantaneous, 1-hour, 1-day Chronic: 4-day, 7-day, 30-day –Recurrence interval: 1 year, 3 years

58. Ammonia Criteria: Chronic Note: varies with pH, too! Temperature (pH = 7.5) Designated Use Aquatic life Support 5 ºC7 mg/L 15 ºC4 mg/L 25 ºC2 mg/L

59. WQS: Biological Criteria Applicable to aquatic life, not human health Require field sampling and studies Fish, macroinvertebrates, plants –Number of individuals, species, categories –Mass of species, feeding guilds, trophic levels –Specialists versus generalists –Tolerant verses intolerant Compare conditions at study site with relatively unimpacted reference site

60. WQS Exemptions: Spatial Mixing zones –Limited portions of a waterbody where WQS are waived –Applies in outfall areas of some point sources –Chronic criteria waived, usually not acute –Size varies from site to site, but zone of passage for organisms usually required –Often prohibited in critical habitat areas What do you know about limits on mixing zone size that have been used by States? What are critical areas where one might prohibit mixing zones?

61. Regulatory Mixing Zone