Regulations that Protect Clean Water Jocelyn Mullen, P.E. PART 2 OF PRESENTATION Presented at The Water Course January 27, 2010 Mesa County Water Association

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

What Is a Permit? Establishes the technical and administrative conditions for operation Allows EPA and States to track compliance Assures communication between regulated party and permitting authority Includes the public as a stakeholder

NPDES Permitting Illegal for point source (pipe, ditch, channel, tunnel, vessel, rolling stock, or other manmade conveyance) to discharge pollutants to surface waters without a permit Permit is a license granting permission to discharge –Not a right: permit is revocable “for cause” (e.g., non-compliance)

NPDES Program: Coverage WastewaterWastewater Storm water runoffStorm water runoff Concentrated animal feeding operationsConcentrated animal feeding operations MinesMines ShipsShips Offshore oil rigsOffshore oil rigs Remedial action activityRemedial action activity

Direct Indirect POTW Industry Direct and Indirect Discharges

NPDES Permits Permit term: 5 years Issued by authorized States, Tribes, or EPA Public review and comment on draft permits EPA review of State draft permits –Discharges to territorial seas –Discharge may affect water of another State –Selected “majors” (> 1 MGD) Administrative and judicial appeal processes

NPDES Permits: Elements Effluent limits Best management practices Compliance schedule Monitoring requirements Reporting requirements Reopener provisions For POTWs only: pretreatment program and sludge management program

Effluent (Discharge) Limits “Technology-based” end-of-pipe performance requirements (concentration/mass) –BAT, NSPS, PSES, secondary treatment –Spelled out in EPA regulation packages (effluent guidelines) –Use best professional judgment (BPJ) if no EPA regulations Water quality-based (linked to TMDLs) –Only where tech-based controls are insufficient to meet WQS Back-calculated from numeric WQC: pollutant concentrations in discharge Derived from narrative criteria: whole effluent toxicity testing

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

Wastewater Discharge Monitoring in Colorado Self monitoring – performed by permitted entity Compliance Sampling Inspections (CSI) Compliance Evaluation Inspections (CEI) Performed by the State

Wastewater Discharge Monitoring Self –Monitoring: –Entity samples point sources according to permit requirements –Permits specify location, frequency, sample type, analyses Regulatory agency notified of results using Discharge Monitoring Reports (DMRs) Regulatory agency notified of noncompliance

Compliance Determinations DMRs reviewed by agency Results entered into National Database (Permit Compliance System PCS or Integrated Compliance Information System ICIS) Compliance Advisory, Notice of Violation issued by regulatory agency for significant noncompliance

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

Agencies have discretion in enforcement –Actions depend on risk to public health, environment and facility history Preventive actions come first Informal actions are less resource-intensive, often effective in achieving compliance Formality of actions escalates with continued noncompliance

Enforcement Formal enforcement actions –Administrative orders and penalties –Civil actions –Criminal actions

Enforcement Referral to EPA for enforcement Joint EPA-State enforcement actions Independent EPA enforcement actions Citizen suits

Additional Strategies to Meet Standards Water Resource Protection CWA: Total Maximum Daily Loads Antidegradation Nonpoint Source Program

Additional Strategies Include: Water Resource Protection Regulations and Permits Land Use Controls Public Education Structural Measures Responsible Land Management Good Housekeeping Practices