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.

Regulations that Protect Clean Water

Regulations that Protect Clean Water

Jocelyn Mullen, P.E.

PART 2 OF PRESENTATION

Presented at

The Water Course

January 27, 2010Mesa 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 animalConcentrated animal feeding operationsfeeding operations

• MinesMines

• ShipsShips

• Offshore oil rigsOffshore oil rigs

• Remedial action activityRemedial action activity

DirectIndirec

t POTW

Industry

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

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

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