CLEAN WATER ACT

What is primary, secondary and tertiary treatment?

1. Primary treatment - physically separate solids from liquids (screens, filters, settlement tanks) 2. Secondary treatment - microorganisms to break down organic matter 3. Tertiary treatment - polish remaining contaminants through sand filters, membranes, or UV light (kills bacteria)

What kinds of pollutants does agriculture contribute? What are the potential impacts to human health and the environment (e.g., dead zones, drinking water (Toledo), blue-baby syndrome, harmful algal blooms (HABs))?

Ag. runoff water can contain fertilizers, pesticides, animal waste, or soil particles, which can enter and contaminate sources of drinking water, nutrients cause eutrophication, algae blooms, and ocean deadzones; algae blooms can make drinking water unsafe, nitrates can cause blue baby syndrome.

What are indirect dischargers? What are categorical pretreatment standards? What are prohibited discharge standards?

An indirect discharger is one that sends its wastewater into a city sewer system, so it eventually goes to municipal treatment plants, which are commonly called "publicly owned treatment works" (POTWs). Though not regulated under NPDES, "indirect" discharges are covered by another CWA program, called pretreatment. Prohibited discharge standards - must comply with. Bans discharge into sewer system of things that present a risk of fire, explosion, of killing off the beneficial microbes used by POTW in treatment (corrosive, explosive, etc) Categorical pretreatment standards - limits on how much of a pollutant can be discharged into sewer system (BAT unless POTW treats) Other restrictions can be imposed by POTW

Did states already have water pollution laws? What kind of strategy did these laws follow (hint: ambient water quality protection or end of the pipe regulation?)? Were state water pollution laws generally working well? Why/why not?

By 1930s, most states had water quality laws, but they were: Often weak; Took ambient water quality standard approach (good concept but water quality modeling capability limited & expensive monitoring); Lack political will; Difficult to enforce/poor enforcement

What does it mean when we say TMDLs are not self-executing?

By this it means that TMDLs require implementation/planning by the EPA or local authorities. TMDLs set targeted limits for pollutants but are not self-implementing; EPA and states help reduce pollutants by issuing permits for point sources, whereas they provide voluntary incentives to reduce nonpoint source pollution. Remember TMDLs are not self-implementing. States typically rely on NPDES permit requirements to meet waste load allocations, thereby making it mandatory for permit holders to comply with WLAs.

What are CSOs? What happens to sewage in many cities when it rains? (hint: bypass)

Combined sewer systems are sewers that are designed to collect rainwater runoff, domestic sewage, and industrial wastewater in the same pipe. Most of the time, combined sewer systems transport all of their wastewater to a sewage treatment plant, where it is treated and then discharged to a water body. With heavy rainfall or snowmelt, the wastewater volume in a combined sewer system can exceed the capacity of the sewer system or treatment plant. For this reason, combined sewer systems are designed to overflow occasionally and discharge excess wastewater directly to nearby streams, rivers, or other water bodies. These overflows, called combined sewer overflows (CSOs), contain not only storm water but also untreated human and industrial waste, toxic materials, and debris. BYPASS = release of untreated or partially treated wastewater to the environment. Releases or bypasses can be caused by accidents, such as pumps failing or pipes bursting. Sometimes wastewater operators may be forced to release or bypass if they have to shut down equipment for emergencyrepairs and there's no feasible way to reroute or contain the wastewater. Heavy rains, rapid snow melt, or flooding can also cause a release or bypass when more water gets into the sewer system than it has the capacity to move (system overload)

Why is it so challenging to reduce water pollution from municipal sewage? Why did Congress provide funding in Title II? Remember Clean Water State Revolving Funds (CWSRFs) now provide low-interest loans, not grants.

Congress recognized the severe financial burden that requiring construction of new treatment works places on communities. As a result, the CWA states that "it is the national policy that Federal financial assistance be provided to construct publicly owned treatment works." The 1972 CWA provided that federal funds would support 75% of project costs, with state and local funds providing the remaining 25%. In 1981 Congress reduced the federal funding proportion for most grants to 55%. In 1987 this was replaced by the CWSRF. The Clean Water State Revolving Fund (CWSRF) is a loan assistance authority for water quality improvement projects in the United States. The fund is administered by the EPA and state agencies.

What is WOTUS?

Defines the scope of jurisdiction for the entire CWA. Rivers & Harbors Act of 1899 - term "navigable waters." CWA carried over term "navigable" waters, but broadened it - navigable waters = waters of the U.S. for CWA. Why? because goal of CWA = to restore the chemical, physical and biological integrity of the Nation's waters, can't do it if CWA ignores adjacent wetlands, tributaries and other waters with significant nexus to navigable waters.

COOPERATIVE FEDERALISM - FUNDING

FUNDING - To assist municipalities in creating or expanding sewage treatment plants, also known as publicly owned treatment works (POTW), Title II established a system of construction grants. The 1972 CWA provided that federal funds would support 75% of project costs, with state and local funds providing the remaining 25%.

How did the historical context influence the strategies/structure of the Clean Water Act? (hint: federalism (state/federal roles); NPDES permit program and ambient based water quality (TMDLs); and money to states to build sewage treatment infrastructure)

Historically, Congress had authorized states to develop water quality standards, the system was not effective, there was no permit system to enforce the requirements. In 1972 CWA, Congress added the permit system and a requirement for technology-based effluent limitations, and put the states under EPA authority to keep things in check. The NDPES permit process, water quality standards, and TMDLs are up to states to manage, with EPA oversight and assistance/enforcement. The federal govt also provides funding for state plants under the CWA.

How is enforcement of the CWA supposed to work? (see Laidlaw case discussion)

If NPDES permit is violated, permit holder is supposed to issue a DMRCongress was serious about getting clean water & enforcing the law, so US EPA, and states that assumed administration of the program (46 states) can sue violators. Also included citizen suit provision to make sure enforcement happens even if government agencies fail. Under the Clean Water Act, "any citizen" can file a citizen suit against any person who is alleged to be in violation of an effluent standard or limitation under the CWA. Enforcement has slipped some due to budget cuts and lack of political willpower at the state level in some states and due to the expense and delays involved these days in citizen suits. Under section 309, EPA can issue administrative orders against violators, and seek civil or criminal penalties when necessary. Most enforecement is through fines, endangerment violation (placing another person in danger) has larger fines (250,000 - 1 milli) and even imprisonment. States that are authorized by EPA to administer the NPDES program must have authority to enforce permit requirements under their respective state laws.

What kinds of bad things can happen if people are allowed to discharge anything, no matter how toxic or dangerous, into the sewage system? What happened to Louisville's sewer system in 1981?

If people can discharge anything, it's a public danger - 1981 Louisville, KY sewer system explosion led to miles of sewer and streets expolding - Hexane vapors (a solvent) from illegal discharges by Ralston-Purina's soybean processing plant were ignited from a car and led to explosion. There would be a risk that industry and others would simply discharge their waste into the sewage system instead of getting NPDES permits if there were no restrictions on pollution that could be sent through the sewer system to POTWs.

COOPERATIVE FEDERALISM - NPDES PERMIT

NPDES PERMITS - NPDES system is managed by the EPA in partnership with state env. agencies. EPA authorized 46 states to issue permits directly to the discharging facilities. In the remaining states and territories, permits are issued by an EPA regional office.

LOOPHOLES

NPS pollution is not regulated under NPDES program, Agriculture is exempt: "agricultural stormwater discharges" and "return flows from irrigated agriculture," Subsurface tile drainage looks identical to factory pipe discharging into a stream but is not regulated because of agricultural stormwater discharge exemption

What arent point sources? Are NPSs regulated under NPDES permit program? Why didn't Congress choose to regulate NPSs through the NPDES permit program?

Nonpoint Source = Diffuse, varied sources of runoff, like from farm fields and construction sites, stormwater discharges and return flows from irrigated agriculture. Indirect Dischargers = Discharge directly into municipal publicly owned sewage treatment work (POTW). Congress exempted some water pollution sources from the point source definition in the 1972 CWA and was unclear on the status of some other sources. Such sources were therefore considered to be nonpoint sources that were not subject to the permit program. Agricultural stormwater discharges and irrigation return flows were specifically exempted from permit requirements Nonpoint sources arent covered since they are difficult to regulate and trace - nonpoint source discharges are not always easily observed, and monitoring nonpoint pollution can be costly. Another difference is that NPS pollution will vary over time and space based on different weather and geographic conditions. All the above factors make nonpoint pollution more difficult to regulate than point sources.

Would this be expensive to address nationwide? Why does it matter? What kinds of human health impacts occur from this pollution?

Overhauling sewer systems to prevent CSOs would cost 10s of billions of dollars. Sewage can expose people to toxic chemicals, bad diseases, etc. so it's a big deal to get sewage treatment right.

What kind of sources do load allocations apply to? What kind of sources do waste load allocations apply to? How are LAs for NPSs typically implemented? Why is this often a problem?

Pollutant sources are characterized as either point sources that receive a wasteload allocation (WLA), or nonpoint sources that receive a load allocation (LA). States have a variety of choices but typically rely on cost share incentive programs to meet load allocations.

Is urban/suburban runoff regulated? (hint: MS4 program)

Polluted stormwater runoff is commonly transported through municipal separate storm sewer systems (MS4s), and then often discharged, untreated, into local water bodies. To prevent harmful pollutants from being washed or dumped into MS4s, certain operators are required to obtain NPDES permits and develop stormwater management programs (SWMPs).

What is the 303(d) list? What are TMDLs? Who promulgates them? What standard does EPA use to review?

Secion 303(d) of CWA requires states to compile, every two years, a list of impaired waters that do not meet water quality standards and where designated uses are not fully supported and where a Total Maximum Daily Load (TDML) plan is necessary to address the impairment. Water bodies on the 303(d) list require development of a Total Maximum Daily Load (TMDL). A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet WQS. The Clean Water Act requires that state environmental agencies complete TMDLs for impaired waters and that the EPA review and approve / disapprove those TMDLs. TMDL program is an example of cooperative federalism. If a state doesn't take action to develop TMDLs, or if EPA disapproves state-developed TMDLs, EPA is responsible for issuing TMDLs. Application of TMDLs has broadened significantly in the last decade to include many watershed-scale efforts, including the Chesapeake Bay TMDL. TMDLs identify all point source and nonpoint source pollutants within a watershed.

What other challenges do many urban sewage systems face? (What is happening to population levels? What kind of shape are most of the nation's sewer lines in?)

Sewer lines are very old in many cases, but its expensive to upgrade - As treatment plants age across the United States and as the country's population grows, releases (untreated waste is released to surface water in some cases) are becoming more problematic, contributing to the serious surface-water problems

What does "shared federalism" mean? What is the role of states in the NPDES permit program?

Shared federalism = system where national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately NPDES PERMITS - NPDES system is managed by the EPA in partnership with state env. agencies. EPA authorized 46 states to issue permits directly to the discharging facilities. In the remaining states and territories, permits are issued by an EPA regional office. Most states have assumed administration of NPDES permit program, but EPA can take back the program if doing a bad job, but very unlikely. Remember the NPDES permit program has overall been very successful in controlling point source pollution. Now the biggest source of water pollution is from nonpoint sources, particularly agriculture.

What are technology based effluent standards? What is meant by end of the pipe technologies v. pollution prevention (looking inside factory walls)?

Technology based effluent limits - numeric limit based on what the technology can accomplish, not whether water quality shows x amount of reduction is needed. Is an end of pipe standard - Technology-based effluent limits do not specify what technologies must be employed, but only the state levels of specific parameters that are allowed in the discharger's wastewater. Such limits are called "performance standards." For existing direct dischargers, effluent guidelines are referred to as best available technology economically achievable (BAT).

COOPERATIVE FEDERALISM - AMBIENT w/ TECH

The 1972 act authorized continued use of the water quality-based approach, but in coordination with the technology-based standards. After application of technology-based standards to a permit, if water quality is still impaired for the particular water body, then the permit agency (state or EPA) may add water quality-based limitations to that permit.

What triggers the need to get an NPDES permit? (Hint: A discharge of a pollutant from a point source ....)

The Clean Water Act prohibits anybody from discharging "pollutants" through a "point source" into a "water of the United States" unless they have an NPDES permit. If you discharge from a point source into the waters of the United States, you need an NPDES permit. If you discharge pollutants into a municipal sanitary sewer system, you do not need an NPDES permit, but you should ask the municipality about their permit requirements.

Why are states reluctant to file CWA enforcement actions against towns and cities?

The EPA faces difficult enforcement problems in bringing financially distressed communities into compliance with the CWA, communities don't have enough funding, wastewater treatment is very expensive, and is also difficult due to environmental factors like heavy rainfall.

What are designated uses (DUs) and who sets them?

The WQS regulation requires states, territories and authorized tribes to specify goals and expectations for how each water body is used. Typical designated uses include: Protection and propagation of fish, shellfish and wildlife, Recreation, Public drinking water supply; Agricultural, industrial, navigational and other purposes.

What is a point source?

The term "point source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, concentrated animal feeding operation, or vessel or other floating craft, even a bulldozer blade, from which pollutants are or may be discharged.

Why did Congress think passage of the federal CWA was needed to protect the nations' waters?

Things were getting out of control - Cuyahoga River fire, Lake Erie dead, Record fish kills, 90% waters polluted, Potomac River = "severe threat to anyone who comes in contact with it" (LBJ)

What is a pollutant? (is this narrowly defined or broadly defined?)

VERY BROAD - The term "pollutant" means 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 discharged into water.

COOPERATIVE FEDERALISM - WQS

WATER QUALITY STANDARDS - States set WQS by designating uses for the water body (e.g., recreation, water supply, aquatic life, agriculture) and applying water quality criteria (numeric pollutant concentrations and narrative requirements) to protect the designated uses. If a state fails to issue WQS, EPA is required to issue standards for that state.

COOPERATIVE FEDERALISM - TMDL

WQS w/ TMDL - Water bodies that do not meet applicable water quality standards with technology-based controls alone are placed on the section 303(d) list of water bodies not meeting standards. Water bodies on the 303(d) list require development of a Total Maximum Daily Load (TMDL). A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet WQS.

What are water quality standards (WQSs)? (Also, be sure you understand the difference between narrative and numeric water quality standards)

Water quality standards (WQS) are provisions of state, territorial, authorized tribal or federal law approved by EPA that describe the desired condition of a water body and the means by which that condition will be protected or achieved. States, territories and authorized tribes adopt water quality criteria to protect the designated uses of a water body. Water quality criteria can be numeric (maximum pollutant concentration levels permitted in a water body) or narrative (statements that describe the desired water quality goal). States, territories and authorized tribes typically adopt both numeric and narrative criteria.

What are the three goals in the CWA section 101(a)(1)? Were these goals possible in the timeframes given?

Zero discharge goal = Eliminate discharge of pollutants into waters of US by 1985, Fishable and swimmable waters goal = attaining sufficient water quality to support wildlife and allow for recreation by 1983, and the No toxics in toxic amount goal = prohibition of any discharge of dangerous levels of toxic pollutants. These timesframes were impossible but sent the signal that Congress was very serious about the CWA and sends a message of urgency of need for clean water given the failure of states to regulate effectively and the resulting horrors (e.g., the "death of Lake Erie," the Cuyahoga River catching fire, record numbers fish kills, etc).