Clean Water Act , 1977, 1987

Transcription

1 Environmental Regulations and Clean Water Act , 1977, 1987 Initially dealt with point sources Effluent discharge Added non point requirements later Clean water act empowers the EPA to Define water quality standards Monitor water quality Oversee programs to improve or maintain water quality Regulatory Voluntary 1

2 Water Quality Standards Designated uses = desired uses Water quality criteria to support designated uses Anti-degradation of high quality waters Designated Uses Drinking water Treated/untreated Water-based recreation Noncontact/short-term/long-term Fishing/eating Aquatic life Warm water species/habitat Cold water species/habitat Agriculture water supply Industrial water supply 2

3 Total Maximum Daily Load (TMDL) Pollution budget for pollutants for an impaired water body (303d list) to attain designated use. Developed on a watershed approach. Many are in development, few are implemented. States must decide best way to achieve TMDL standard. Regulatory or voluntary Stream Impairment- South 1.0 million miles of streams Streams are designated as to use: swimming, fishing, drinking, etc 45% did not support designated uses Agricultural impairment: 42,600 miles Silvicultural impairment: 3500 miles 8% of streams 3

4 Alabama 303(d) List 183 water bodies Causes 20% Organic enrichment 20% Siltation/Sediment 19% Pathogens 12% Nutrients Section 404 of CWA Section 404 regulates deposition of dredged and fill material into Waters of the US All interstate waters; Intrastate waters used in interstate and/or foreign commerce; Tributaries of the above; Territorial seas at the cyclical high tide mark; and Wetlands adjacent to all the above. 4

5 Section 404 of CWA Definition of wetland is controversial Exemption from 404 (A) from normal farming, silviculture, and ranching activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices; Section 404 Exemption for the purpose of construction or maintenance of farm roads or forest roads, or temporary roads for moving mining equipment, where such roads are constructed and maintained,.. in accordance with best management practices, to assure that flow and circulation patterns and chemical and biological characteristics of the navigable waters are not impaired, that the reach of the navigable waters is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized; 5

6 Wetlands Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this classification wetlands must have one or more of the following three attributes: (1) at least periodically, the land supports predominantly hydrophytes; (2) the substrate is predominantly undrained hydric soil; and Gray color, Sulfur smell, orange deposits (3) the substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of the year 6

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8 Section 319 of CWA Identify BMPs to control NPS Identify programs to implement BMPs Voluntary, education, incentives, regulations Prepare schedule of program milestones When possible use a watershed approach Involve stakeholders Monitor compliance and results Alabama Environmental Management Act Authorizes Alabama Department of Environmental Management (ADEM) to establish and enforce water quality standards, regulations and penalties in order to carry out the provisions of state & water quality laws Prohibits the degradation d of the physical, chemical or biological integrity of waters of the state 8

9 Waters of the State Every watercourse, stream, river, wetland, coastal, ground or surface water, artificial or natural not entirely confined or retained on property of a single landowner. Page 26 Perennial Streams Water flows all year round (>80% of time) Blue line on quadrangle Classified by order: first order is a stream with no streams that flow into it 9

10 Intermittent Streams Flows during wet season and in response to precipitation (10-80% of time) Dotted blue line on quadrangle Ephemeral Channels Flows in response to precipitation only No defining marks on quadrangle Can estimate some locations using contour lines May include old gully network from past farming and logging 10

11 Stream Quality:Bioassessment Animals that live the stream are good indicators of water quality Group 1 taxa are less tolerant of pollution than group 3 Stream Quality Physical Measures Temperature: Water holds more oxygen at low temps, Alters habitat Turbidity: Blocks sunlight and raises temperature Aeration: Dissolved oxygen level Substrate/benthic: t thi Silted stream bottoms can cover elements of habitat for aquatic organisms 11

12 Alabama BMPs Alabama Forestry Commission (AFC) is responsible for development and monitoring of BMPs Reported water quality violations in forest operations are first investigated by AFC Significant violations are turned over to ADEM Emphasis is on repairing/correcting the damage using BMPs Oil Spills You must report a spill unless it meets all 4 criteria The discharge is less than 25 gallons; The discharge is immediately contained; The discharge and/or contamination is completely removed within 24 hours; and, There is no impact or potential impact to ground water or surface water. 12

13 Used Oil Generator Produces more than 25 gallons per month Generators must: Transport in quantities less than 55 gallons Store oil in containers that are in good condition and labeled as USED OIL. Close used oil containers when not filling or emptying containers. Develop appropriate controls to prevent and contain spills. Respond to all releases of used oil to the environment by containing the spill, cleaning up the contamination, and reporting it if necessary Used Oil More regulations for: Transporter An entity that transports used oil for more than one generator. Processor an entity that converts used oil to other products Oil Burner Not someone who burns oil in an onsite space heater 13

14 Spill Prevention Control and Countermeasures (SPCC) Applies to Facilities with more than 1320 gallons in above ground petroleum storage Minimum container size 55 gallons Facilities where spills may reach navigable waters Must have a SPCC plan that includes: 1) Operating procedures, 2) Control measures, and 3) Spill countermeasures SPCC plans include Facility Diagram Trajectory Analysis Secondary Containment Contingency Plans Inspection, Tests, and Records Personnel Training and Discharge Prevention Procedures Security (excluding production facilities) i Facility Tank Car and Tank Truck Loading/Unloading Racks (excluding offshore facilities) Field-constructed Aboveground Containers - Brittle Fracture Evaluation 14

15 Seek Professional Assistance Oil spill response Oil generator compliance SPCC compliance 404 permits/compliance Contacts Alabama Forestry Commission Main number: BMP Forester: ADEM Main number: Emergency/oil spill: Hazardous waste (used oil):

16 Contacts EPA Atlanta: National Response Center: US Army Core of Engineers Mobile district