Overview of the Clean Water Act Jim Klang, PE 536 E. Michigan Ave / Suite 300 Kalamazoo, MI 49007 Prepared by: James Klang, P.E., Senior Project Engineer And Gwen Ryskamp, Intern August 5, 2008

History of the Clean Water Act 1972 -- US congress passed the Clean Water Act Response to national concern: 1968 Cuyahoga River, Ohio burns Lake Erie was a “Dead Zone” Eutrophic 12 WWTPs discharged over 39,600 lbs/day of TP Blue Green Algae Low dissolved oxygen; fish kills Toxic; wildlife killed First Earth Day: April 22, 1970 Passaic River 1918 Taken from 2nd tier, first bullet: (others also burned: Rouge River, Michigan, Passaic River, New Jersey,…) Photo Credit: Time Magazine August 5, 2008

Clean Water Act: Regulated Clean Water Act (authors initial perspective): Address wastewater loading  solves most of the nation’s water quality problems All waters protected (Beneficial Uses, standards) Wastewater treatment facility permits Secondary effluent limits (25 mg/l CBOD, 30 mg/l TSS) Waste load studies set advanced treatment limits Municipalities received financial assistance Total Maximum Daily Load (TMDL) requirements The horrors of the 60’s were very visible point source problems with thick films on the surface or extreme eutrophication Beneficial uses classification were set and numeric and narrative standards set to protect the uses Effluent limits were set, with wasteload allocations mainly targeting a WWTP impact on the stream without considering upstream sources Cities receive funding in the form of grants and loans Industries pass costs on to consumer Watershed planning under Section 208 and Section 319 NPDES program expands to include some feedlots and Phase I and Phase II stormwater cities, construction and industrial stormwater TMDLs first targeted just the Wasteload Allocation (NPDES sectors) and courts expanded EPAs program to include “voluntary” sources August 5, 2008

Clean Water Act: Unregulated Certain nonpoint source pollutant reduction categories are voluntary Provides for watershed plans Provides nonpoint source (NPS) incentives Section 319 Photo courtesy of USDA NRCS.  In the 1980s, Courts required TMDL be applied to NPS, in a voluntary context. August 5, 2008

Urban Voluntary Programs Stormwater, small rural cities Additional Funding: Farm Bill Section 319 “Voluntary” sources can generate credits to sell, or buy credits 1st Tier 1st bullet: (populations less than 10,000, and not directly causing a water quality violation) 1st Tier last bullet: …to sell… if they reduce in excess of levels required by TMDLs, and local, State and Federal rules and ordinances Photo courtesy of USDA NRCS.  August 5, 2008

Urban Regulatory Programs National Pollutant Discharge Elimination System permits (NPDES): Municipal Wastewater Treatment Facilities Large city Phase I stormwater MS4s Medium city Phase II stormwater MS4s Construction stormwater These permits address several Clean Water Act provisions (next slide) municipal separate storm sewer systems (MS4s) Photo courtesy of US EPA.  August 5, 2008

Urban Regulatory Programs (Continued) Municipal wastewater permit effluent limits Secondary treatment Advanced treatment Stormwater management plan programs Effluent limits stated in Best Management Practices Maximum Extent Practicable Photo courtesy of USDA NRCS.  TMDL studies set load allocations limits for both stormwater and wastewater Stormwater permits bound by Maximum Extent Practicable can not generate credits to sell, but can buy August 5, 2008

Urban Regulatory Programs (Concluded) Permits provide for: Waste load allocations (advanced treatment requirements) without TMDLs Antidegradation (Federal) & Nondegradation (State) Antibacksliding Industrial Pretreatment Consideration of the compliance status of these CWA provisions helps determine the minimum baselines before water quality trading credits can be bought or sold August 5, 2008

Agricultural Voluntary Programs Row cropping Very small livestock feeding operations Pasturing Livestock exclusion from streams TMDL activities set load allocations; compliance met via education and incentive programs Photo courtesy of USDA NRCS.  August 5, 2008

Agricultural Regulatory Programs Larger sized animal feeding operations 1000 animals  NPDES permit Zero discharge from production lot Manure land application set backs, nutrient management and incorporation requirements Medium sized animal feeding 50 to 999 (10 on shore land)  registration with RGU required RGU decides if further requirements apply or local government permits required 2nd Tier last bullet: further requirements… State Disposal System permits, interim permits, Open Lot Certification required Photo courtesy of USDA NRCS.  August 5, 2008

Individual Septic Treatment Systems Federal Court decided: These are regulated sources They must appear in the Waste Load allocation portion of the TMDLs Granted zero allocations Therefore not eligible for water quality trading in Minnesota Double deck privy. Pennsylvania. Photo date between 1935 and 1942 Source: Library of Congress, Prints & Photographs Division, FSA-OWI Collection, Reproduction number LC-USF344-007504-ZB DLC August 5, 2008

Regulator Support of Water Quality Credit Trading EPA approved a Water Quality Trading Policy in 2003, since has provided more guidance Farm Bill supports and promotes Ecosystem Service markets (includes water quality trading) Water Quality Trading is the only program that can reallocate a TMDL without reopening it Minnesota Pollution Control Agency is currently promulgating rules on Water Quality Trading August 5, 2008

In Conclusion Water Quality Trading: Works with the Clean Water Act as a foundation Recognizes and uses the inequities in CWA regulatory requirements to your advantage Adjusts allocations Without reopening a TMDL: Assesses the minimum requirements of each sector Not usable if trading causes or contributes to a water quality problem Addresses only persistent parameters, not whole treatment Targets high cost differences in pollutant load reductions Creates cost savings for both parties; win-win Uses legally binding agreements for non-permitted participants Addresses multi-source contribution problems best (example, excess nutrient TMDLs) August 5, 2008

Questions August 5, 2008