Water QualityWater Quality

ENVE 649ENVE 649

Water QualityWater Quality

Hazardous waste winds up in waterHazardous waste winds up in water If it can be legally discharged to If it can be legally discharged to

water it may not be hazardouswater it may not be hazardous

Classes of receiving Classes of receiving waterswaters

Fresh surface watersFresh surface waters Ground waterGround water Salt waterSalt water

Main LawsMain Laws

Fresh surface watersFresh surface waters– Clean Water Act (1972)Clean Water Act (1972)– Clean Water Act Amendments (1987)Clean Water Act Amendments (1987)

Ground waterGround water– Safe Drinking Water Act (1974)Safe Drinking Water Act (1974)

Salt waterSalt water– SeveralSeveral

Clean Water ActClean Water Act

HistoryHistory “…“…restore and maintain the chemical restore and maintain the chemical

physical and biological integrity of the physical and biological integrity of the nations’ waters.”nations’ waters.”

““Discharge (from a Discharge (from a point sourcepoint source) of ) of pollutantspollutants into the into the navigable watersnavigable waters be be eliminated and that, where attainable, eliminated and that, where attainable, the water quality …support fishing and the water quality …support fishing and swimming.”swimming.”

What is a “pollutant”What is a “pollutant”

Very broad statutory definitionVery broad statutory definition No regulatory or de minimis No regulatory or de minimis

exceptionexception Every discharge is covered, Every discharge is covered,

provided other requirements are provided other requirements are present.present.

All point sources will be All point sources will be required to obtain a required to obtain a National Pollution National Pollution

Discharge Elimination Discharge Elimination System (NPDES) permit.System (NPDES) permit.

What is a “point source”?What is a “point source”?

Pipes, for surePipes, for sure Also surface water, if it is channeled Also surface water, if it is channeled

or collectedor collected Non-point, which are excluded from Non-point, which are excluded from

NPDES are such as: runoff from NPDES are such as: runoff from streets and farms, timber operations, streets and farms, timber operations, construction sites. (Less restrictive construction sites. (Less restrictive regulatory schemes for these.)regulatory schemes for these.)

What are “navigable What are “navigable waters”waters”

Pretty much all surface waters that Pretty much all surface waters that might be used in interstate might be used in interstate commerce, orcommerce, or

might affect interstate commerce, might affect interstate commerce, such as lake and wetlandssuch as lake and wetlands

Typically near shore salt waters Typically near shore salt waters are included, oceans are not.are included, oceans are not.

The next slides discuss the level The next slides discuss the level of treatment that the NPDES will of treatment that the NPDES will

require. As you go look at the require. As you go look at the slides, you will realize that the slides, you will realize that the

levels of treatment are not “cast levels of treatment are not “cast in concrete,” but will vary with in concrete,” but will vary with

time and the particular time and the particular industries and processes industries and processes

involved.involved.

Restrictions on PollutantsRestrictions on Pollutants

Often expressed as weight of Often expressed as weight of pollutant per weight of productpollutant per weight of product

Different for different industriesDifferent for different industries Standards applied through Standards applied through

individual plants through NPDES individual plants through NPDES permit.permit.

Terminology Terminology

Industrial DischargersIndustrial Dischargers

Existing (old) DirectExisting (old) Direct– BPT, Best practical technology, BPT, Best practical technology,

considers costconsiders cost

– BAT, Best available technology that is BAT, Best available technology that is economically achievable.economically achievable.

For toxic pollutantsFor toxic pollutants

– BCT, Best conventional technologyBCT, Best conventional technology for “conventional pollutants”-for “conventional pollutants”-BOD, , SS, pH, pH start with BPT and consider start with BPT and consider

improvements improvements

Industrial DischargersIndustrial Dischargers

Industrial, new, Direct Industrial, new, Direct – BADT, Best available demonstrated BADT, Best available demonstrated

technologytechnology little consideration of costlittle consideration of cost no variances based on specific no variances based on specific

circumstances.circumstances.

So the standards are more So the standards are more stringent for new stringent for new

potential polluters than for potential polluters than for existing polluters.existing polluters.

Indirect DischargersIndirect Dischargers Indirect = through POTWIndirect = through POTW

– Publicly owned treatment worksPublicly owned treatment works PretreatersPretreaters No NPDES permit, but “pretreatment No NPDES permit, but “pretreatment

standards”standards” Must not “pass through” or interfereMust not “pass through” or interfere

– With POTW operations.With POTW operations. Pretreater (the industry that is Pretreater (the industry that is

discharging) is regulated (in the first discharging) is regulated (in the first instance) by POTW, rather than agency.instance) by POTW, rather than agency.

The POTW themselves The POTW themselves must get an NPDES must get an NPDES

permit.permit.

POTWPOTW

The permits will require:The permits will require: Achieve “secondary treatment”Achieve “secondary treatment” Numerical values for BOD, SS, pHNumerical values for BOD, SS, pH

NPDES ProgramNPDES Program

National Pollution Discharge Elimination National Pollution Discharge Elimination SystemSystem

When writing the permit, the agency When writing the permit, the agency will consider two main criteria:will consider two main criteria:

1. Technology based standards on all 1. Technology based standards on all industries (BADT)industries (BADT)

2. Further controls such that receiving 2. Further controls such that receiving waters maintains compliance with water waters maintains compliance with water quality standardsquality standards

Standards for receiving Standards for receiving waterswaters

Anti-degradation PolicyAnti-degradation Policy– existing uses shall be maintained existing uses shall be maintained – If existing will support propagation of fish, If existing will support propagation of fish,

shellfish, wildlife and recreation, it must be shellfish, wildlife and recreation, it must be maintained at that level, unlessmaintained at that level, unless

– State proves some economic necessityState proves some economic necessity Narrative CriteriaNarrative Criteria Numerical StandardsNumerical Standards Relate to “use”Relate to “use”

Various “Uses”Various “Uses”

Set by States, EPA reviewsSet by States, EPA reviews Public water supplyPublic water supply Protection of fish, shellfish, and Protection of fish, shellfish, and

wildlifewildlife RecreationRecreation AgricultureAgriculture IndustryIndustry NavigationNavigation

Narrative StandardsNarrative Standards

Waters shall be free from discharges Waters shall be free from discharges that:that:– Settle to form objectionable depositsSettle to form objectionable deposits– Float as debris, scum, oil, nuisancesFloat as debris, scum, oil, nuisances– Produce objectionable color, taste, odor, Produce objectionable color, taste, odor,

turbidityturbidity– Cause injury or adverse physiological Cause injury or adverse physiological

responses in humans or animalsresponses in humans or animals– Produce undesirable aquatic life.Produce undesirable aquatic life.

Numeric CriteriaNumeric Criteria

PollutantsPollutants– metals, organics, etc.metals, organics, etc.– EPA list of pollutants subject BADTEPA list of pollutants subject BADT– AKA “priority pollutants.”AKA “priority pollutants.”

In-stream criteriaIn-stream criteria– pH, DO, chlorides, sulfatespH, DO, chlorides, sulfates

Based on human health and Based on human health and wildlife, for the intended usewildlife, for the intended use

What if the receiving What if the receiving waters are already more waters are already more polluted than allowed for polluted than allowed for the intended use of the the intended use of the

water? water?

TMDL’sTMDL’s

Permit issuer (EPA or a few states)Permit issuer (EPA or a few states) Determines that technology based Determines that technology based

standards will not achieve water quality standards will not achieve water quality standardsstandards– pollutant specificpollutant specific

Issuer develops “total maximum daily Issuer develops “total maximum daily loads” loads” (TMDL) of pollutant that water ) of pollutant that water body can assimilate and comply with body can assimilate and comply with WQ standards.WQ standards.

TMDL refers to each toxic TMDL refers to each toxic substance.substance.

Allocate TMDL to various point and Allocate TMDL to various point and non-point sourcesnon-point sources

Might reserve for future Might reserve for future development, ordevelopment, or

Account for scientific uncertainty Account for scientific uncertainty

That is, all the NPDES That is, all the NPDES permitees that discharge permitees that discharge

into the water can be into the water can be limited. (They would have limited. (They would have to limit their production or to limit their production or

operations, or invest in operations, or invest in better pollution protection better pollution protection

equipment.)equipment.)

Detail on PretreatmentDetail on Pretreatment

Administered by POTWAdministered by POTW Subject to detailed regulations and Subject to detailed regulations and

oversight by EPA, NPDES oversight by EPA, NPDES regulatorsregulators

Purpose to avoid:Purpose to avoid: ““Pass-through” andPass-through” and ““Interference”Interference”

PretreatmentPretreatment

Monitor significant industrial usersMonitor significant industrial users Important general limitationsImportant general limitations

– hot materialhot material– corrosivecorrosive– explosiveexplosive– health and safety of POTW workershealth and safety of POTW workers

Special limitations for certain industriesSpecial limitations for certain industries– ‘‘categorical limitations”categorical limitations”

Local limitsLocal limits

When writing the NPDES When writing the NPDES permit, the agency might permit, the agency might

specify that the specify that the contaminants be contaminants be

measured in the receiving measured in the receiving waters, beyond some waters, beyond some

mixing zone.mixing zone.

Mixing ZoneMixing Zone

Compliance boundaryCompliance boundary– zone of dilution before compliance zone of dilution before compliance

with relevant WQ standard is with relevant WQ standard is measuredmeasured

100 Meters is common100 Meters is common Unless inappropriateUnless inappropriate

– exposures in MZexposures in MZ

StormwaterStormwater

Foregoing was “point source”Foregoing was “point source” Stormwater is also often point Stormwater is also often point

sourcesource– under-regulated by EPA untilunder-regulated by EPA until– 1987 amendments to CWA1987 amendments to CWA– now firmly regulatednow firmly regulated– subject to varying deadlinessubject to varying deadlines

Industrial vs. Municipal Industrial vs. Municipal

Industrial StormwaterIndustrial Stormwater

Broadly, stormwaterBroadly, stormwater Related to Industrial useRelated to Industrial use Raw materials storageRaw materials storage lists 11 major categorieslists 11 major categories Including:Including:

1. construction of more than 1 acre (had 1. construction of more than 1 acre (had been 5)been 5)

2. landfills2. landfills

3. recycling facilities3. recycling facilities

Industrial ApplicationsIndustrial Applications

Individual or Group applicationIndividual or Group application Must meet CWA criteria (called section Must meet CWA criteria (called section

301)301)– technologytechnology– water quality basedwater quality based

General PermitsGeneral Permits– A general permit might be issued for an A general permit might be issued for an

area, requiring less stringent administration.area, requiring less stringent administration.

Municipal PermitsMunicipal Permits

Similar to IndustrialSimilar to Industrial Municipalities must prevent non-Municipalities must prevent non-

stormwater discharges in storm stormwater discharges in storm sewerssewers

Reduce pollutants to maximum Reduce pollutants to maximum extent practical extent practical

WetlandsWetlands

Section 404 of CWASection 404 of CWA not usually HW issuenot usually HW issue

SDWA and GroundwaterSDWA and Groundwater

All foregoing was CWA, discharges All foregoing was CWA, discharges to fresh to fresh surfacesurface water. water.

SDWA, Safe Drinking Water ActSDWA, Safe Drinking Water Act Deals primarily with tap water, Deals primarily with tap water,

what people drink.what people drink. Not Hazardous Waste topic, usuallyNot Hazardous Waste topic, usually

HW issues in SDWAHW issues in SDWA

Underground injection well, controlUnderground injection well, control AlsoAlso Drinking Water MCLGs and MCLsDrinking Water MCLGs and MCLs

– maximum contaminant level goalsmaximum contaminant level goals– maximum contaminant levelsmaximum contaminant levels

Wells that inject hazardous Wells that inject hazardous waste are permitted.waste are permitted.

Classes of Injection WellsClasses of Injection Wells I. Hazardous Waste injection below I. Hazardous Waste injection below

underground source of drinking water underground source of drinking water (with 1/4 mile)(with 1/4 mile)

II. Industrial, oil and gas mostly,II. Industrial, oil and gas mostly, III. Certain mineral extractionIII. Certain mineral extraction IV. (old) HW with 1/4 mile of water sourceIV. (old) HW with 1/4 mile of water source V. (old) Typically cesspools and drywells. V. (old) Typically cesspools and drywells.

See: See: http://www.epa.gov/safewater/uic/classv.http://www.epa.gov/safewater/uic/classv.htmlhtml

ThereforeTherefore

Any discharge to groundwater that Any discharge to groundwater that is not a permitted injection well is is not a permitted injection well is illegalillegal

Class IV and V wells are Class IV and V wells are being phased out.being phased out.Class II are mostly oil and Class II are mostly oil and gas industry putting drill gas industry putting drill cuttings and mud back cuttings and mud back into the hole.into the hole.Class III are sulfur and salt Class III are sulfur and salt extraction wells and extraction wells and similar processes.similar processes.

Class I wells have many Class I wells have many restrictions and many restrictions and many types of HW cannot be types of HW cannot be sent to a Class I well.sent to a Class I well.

MCLG and MCLsMCLG and MCLs These are numerical standards for These are numerical standards for

drinking water that central water works drinking water that central water works pipe to residences. The recent flap about pipe to residences. The recent flap about the arsenic standard was about an MCL.the arsenic standard was about an MCL.

MCLs are valuable because they provide MCLs are valuable because they provide a number that one can argue is safe. So a number that one can argue is safe. So if a HW discharge to a pond will not drive if a HW discharge to a pond will not drive the pond water over the relevant MCL, the pond water over the relevant MCL, the polluter may argue that the pond the polluter may argue that the pond water is “safe enough to drink.”water is “safe enough to drink.”

Discharges to marine Discharges to marine (salt) waters come under (salt) waters come under different laws than fresh different laws than fresh

waters.waters.

Marine WatersMarine Waters

The “Ocean Dumping Act,” also The “Ocean Dumping Act,” also known as Marine Protection, known as Marine Protection, Research and Sanctuaries Act.Research and Sanctuaries Act.– No radiological, chemical, and No radiological, chemical, and

biological warfare agents or high-level biological warfare agents or high-level radioactive wastes may be dumped.radioactive wastes may be dumped.

– Sewage sludge and industrial wastes Sewage sludge and industrial wastes were prohibited by an earlier act.were prohibited by an earlier act.

Ocean DumpingOcean Dumping

Dumping of other substances may Dumping of other substances may be permitted by EPAbe permitted by EPA

Corps of Engineers may dump Corps of Engineers may dump dredge spoil, but must notify EPAdredge spoil, but must notify EPA– The muck that is dredged from rivers The muck that is dredged from rivers

and harbors is often contaminated and harbors is often contaminated such that the dredged material is a such that the dredged material is a hazardous waste.hazardous waste.