Federal Regulation. Copyright 2011 Gary A. Robbins. All rights reserved.

Transcription

1 Federal Regulation Copyright 2011 Gary A. Robbins. All rights reserved.

2 Roles Different Federal agencies have different jurisdictions over water resources Main agencies Army Corp of Engineers (USACE) Bureau of Reclamation (USBR) Geological Survey (USGS) Fish and Wildlife Service (USFW) National Park Service (NPS) Bureau of Land Management (BLM) Environmental Protection Agency (EPA) Natural Resources Conservation Service (NRCS) Forest Service (USFS) Federal Regulatory Commission (FERC) National Marine Fisheries Service (NMFS) Federal Emergency Management Agency (FEMA)

3 Army Corp of Engineers (USACE) Military and Civilian Responsibilities Water Related Activities Flood control and navigation improvement Levees Dams dredging Wetland protection Environmental restoration (Superfund sites)

4 Army Corp of Engineers (USACE) Early in US history flood and navigation issues were responsibility of states 1824 Supreme Court decision gave Federal government supremacy over interstate navigable waters General Survey Act made USACE lead federal agency for inland waterway improvements 1899 Rivers and Harbors Act USACE given control over construction along navigable rivers 1928 Flood Control Act Following great flood of 1927, Mississippi river channel and levee improvements, dam construction on tributaries for flood control

5 Army Corp of Engineers (USACE) 1936 Flood Control Act Expanded USACE responsibilities for flood control nationwide 1972 Clean Water Act Amendments USACE given responsibility to protect wetlands Corp must review all development plans that could alter or destroy wetlands on public or private property ( e.g., route 6 in CT) 1980 USACE lead agency in Superfund site clean up Superfund is the Federal government's program to clean up the nation's uncontrolled hazardous waste sites Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Established National Priorities Listing

6 Bureau of Reclamation (USBR) Main Federal agency charged with developing water resources in the west Primary efforts relates to development of irrigation projects to promote settlement in arid west ( e.g. Hoover Dam, Grand Coulee) Provides over 30% of water used in west Nation s second largest producer of hydroelectric power

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8 USBR Reclamation Act of Reclamation then meant irrigation Act created new federal agency within USGS., Reclamation Service 1923 became USBR, separate from USGS During 1970s, public perception and support for USBR efforts declined Against subsidizing farmers ( cheap water, power) Against environmental impact 1976 major dam failure (Teton Dam) Major projects came to end ( anti-dam era)

9 USBR Today Manage existing water projects Promote water conservation Develop local partnerships

10 Geological Survey (USGS) The USGS provides scientific information to: describe and understand the Earth minimize loss of life and property from natural disasters manage water, biological, energy, and mineral resources enhance and protect our quality of life Has water resources offices in every state including water resources division Monitor surface water and ground water quantity and quality Conduct surface water and aquifer studies

11 USGS Created in 1879 to survey geological and mineral resources Since 1889 conducting stream gaging ( today operate 7000 stream gaging stations) Operate extensive ground water monitoring network Major source of water data State National National Biological Service becomes part of USGS

12 U.S. Fish & Wildlife Service Responsible to conserve and protect fish and wildlife 1871 U.S. Commission on Fish and Fisheries established to investigate declining fish numbers Early 1900s established first National wildlife refuges to protect migratory birds 1940 USFWS established

13 USFWS 1958 Fish and Wildlife Coordination Act Required wildlife be considered during any federal water project, USFWS responsible 1973 Endangered Species Act USFWS responsible for administering act Defining and protecting endangered species and habitats

14 National Park Service Created in 1916 Manages national parks (384) 1872 Yellowstone first national park Administrated by Dept. of Interior Protect land, surface water and ground water resources within parks Also applies to preventing water use outside park as it may impact park

15 Bureau of Land Management Created in 1946 to administer federal lands in west (1/8 th of land in US, 40% of federal land) Manage land for multiple use ( recreation, resource production (mining, timber), archeology, etc. Water conservation major management issue

16 Environmental Protection Agency Created in 1970 Regulatory agency established to develop and enforce environmental standards and protect the environment ( air, water and land)

17 EPA History Prior to EPA Federal government took a minor role in environmental protection, left it up to states and local authorities In 1969, National Environmental Policy Act Made federal government protector of environment Required Federal agencies to develop EIS to consider impacts of proposed Federal projects Created Council on Environmental Quality ( reported to President on state of the environment, oversaw EIS process)

18 EPA 1972 Clean Water Act Amendments Designed to protect interstate and intrastate waters Required permits to discharge pollutants Funded construction programs for wastewater treatment plants 1974 Safe Drinking Water Act Established drinking water standards (MCLS) Designated EPA as lead agency 1976 Resource Conservation and Recovery Act (RCRA) EPA charged with regulating land disposal of hazardous waste Makes generators responsible for wastes from generation to disposal ( cradle to grave) Includes manufacturing facilities and waste water treatment plants Amended in 1984 to cover Underground Storage Tanks and to allow states with EPA approval to regulate USTs

19 EPA 1977 Clean Water Act Amendments Implemented National Pollution Discharge Elimination System Permits (NPDES) Created permitting process for waste water discharge Section 404, requires permit from USACE to dredge or destroy a wetland, EPA has veto power, USFS and USFWS have advisory roles

20 EPA 1980 Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) Authorized EPA to deal with accidental spills and releases of hazadous waste Gave EPA law enforcement inspection authority They conduct investigations and place sites on NPL and conduct litigation 1996 Safe Drinking Water Act Amendments Established Source Water Assessment and Protection (SWAP) program and EPA as lead agency to safeguard drinking water sources

21 National Resources and Conservation Service (NRCS) Used to be Soil Conservation Service, part of USDA, renamed in 1994 Main purpose to protect soil resources Work with farmers to develop conservation programs and BMPs to protect water resources

22 U.S. Forest Service (USFS) Part of USDA, established 1905 Main responsibility is to manage National forests (8.5% of U.S. land area) Protect timber and water Responsibilities include mine restoration, and remediating surface and ground water contamination in Federal forests

23 Federal Energy Regulatory Commission (FERC) 1920 Federal Power Commission and renamed FERC in 1977, in DOE Regulate non-federal hydroelectric projects ( 56% of U.S. hydroelectric power) Regulate dams, reservoirs, transmission lines, etc. Issue license ( evaluate environmental impacts of projects)

24 Now part of NOAA, once part of USFWS Charged with protection of marine mammals, manages coastal areas Involved in protection and reintroduction of Salmon in NW U.S.

25 Federal Emergency Management Agency (FEMA) Assist in recovery from disasters, esst Water related respond to flooding, contamination ( e.g., love canal) Responsible for development of flood plain maps and administration of National Flood Insurance Program