Download TMDL and the CLEAN WATER ACT

TMDL and the CLEAN
WATER ACT
Seminar Unit #4
Prof. Christopher L. Howard
Clean Water Act
• The Clean Water Act is the primary federal law in the United States
governing water pollution.[1] Commonly abbreviated as the CWA,
the act established the goals of eliminating releases of high amounts
of toxic substances into water, eliminating additional water pollution
by 1985, and ensuring that surface waters would meet standards
necessary for human sports and recreation by 1983.
• The principal body of law currently in effect is based on the Federal
Water Pollution Control Amendments of 1972, which significantly
expanded and strengthened earlier legislation.[2] Major
amendments were enacted in the Clean Water Act of 1977[3] and
the Water Quality Act of 1987.[4]
• The Clean Water Act does not directly address groundwater
contamination. Groundwater protection provisions are included in
the Safe Drinking Water Act, Resource Conservation and Recovery
Act and the Superfund act.
• http://en.wikipedia.org/wiki/Clean_Water_Act
Water Resources
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Water resources are sources of water that are useful or potentially useful
to humans. Uses of water include agricultural, industrial, household,
recreational and environmental activities. Virtually all of these human uses
require fresh water.
97% of water on the Earth is salt water, and only 3% is fresh water of which
slightly over two thirds is frozen in glaciers and polar ice caps.[1] The
remaining unfrozen freshwater is mainly found as groundwater, with only a
small fraction present above ground or in the air.[2]
Fresh water is a renewable resource, yet the world's supply of clean, fresh
water is steadily decreasing. Water demand already exceeds supply in
many parts of the world and as the world population continues to rise, so
too does the water demand. Awareness of the global importance of
preserving water for ecosystem services has only recently emerged as,
during the 20th century, more than half the world’s wetlands have been lost
along with their valuable environmental services. Biodiversity-rich
freshwater ecosystems are currently declining faster than marine or land
ecosystems.[3] The framework for allocating water resources to water users
(where such a framework exists) is known as water rights.
http://en.wikipedia.org/wiki/Water_resources
Section 303 Impaired
Rivers and Streams
• Under section 303(d) of the Clean Water Act, states, territories, and
authorized tribes are required to develop lists of impaired waters.
These are waters that are too polluted or otherwise degraded to
meet the water quality standards set by states, territories, or
authorized tribes. The law requires that these jurisdictions establish
priority rankings for waters on the lists and develop TMDLs for these
waters. A Total Maximum Daily Load, or TMDL, is a calculation of
the maximum amount of a pollutant that a waterbody can receive
and still safely meet water quality standards.
• http://www.google.com/search?hl=en&gbv=2&q=section+303+clean
+water+act&aq=0&aqi=g1&aql=f&oq=section+303+clea&gs_rfai=
Impaired Rivers
and Streams
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When you work in a technical field like water resource management, you soon find yourself
flinging around jargon and acronyms with careless abandon. Need to take action to meet your
MS4 SWPPP or your NPDES TMDL? Then talk to the MPCA to get a list of local impaired waters
and a few ideas for how to meet MCM’s 1-6. Unfortunately, when water resource professionals
talk to the general public, a lot of important information and concepts are lost in translation.
Take the Minnesota Pollution Control Agency’s recently updated list of impaired waters as
an example. The list is critical for cities, watershed management entities and others working to
keep local lakes and rivers clean. Most people who live and work in the east metro area, however,
are probably reading this right now and thinking, “List, huh? Impaired what?”
A quick trip to Dictionary.com provides us with these definitions for the word impaired: 1)
weakened, diminished, or damaged; 2) functioning poorly or inadequately. For a definition of the
seemingly innocent word waters, we can refer to Minnesota State Statute 115.01 subd. 22:
"Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells,
springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or
accumulations of water, surface or underground, natural or artificial, public or private, which are
contained within, flow through, or border upon the state or any portion thereof.
http://www.mnwcd.org/documents/12-27-07Definingimpairedwaters-EM.doc
Impaired Continued
• Essentially, the list of impaired waters is a list of all of the lakes,
rivers, streams, etc. in Minnesota that are not up to snuff. As part of
the Clean Water Act, the state must identify all impaired waters and
then take action to bring them back to their natural unimpaired
condition. Many local lakes are listed as impaired due to excess
phosphorus, a naturally occurring element found in organic materials
such as grass, leaves and dirt. In small amounts, phosphorus feeds
aquatic plants, which in turn provide food and shelter for fish, turtles,
birds and other animals. When stormwater runoff leads to too much
phosphorus, however, weedy plants begin to run wild and algae
grows into thick green and brown mats that float on top of the water.
The result is less oxygen for fish, boats tangled in weeds and icky
water that no one wants to swim in.
• http://www.mnwcd.org/documents/12-27-07DefiningimpairedwatersEM.doc
NPDES PERMIT
• Water pollution degrades surface waters making them unsafe for
drinking, fishing, swimming, and other activities. As authorized by
the Clean Water Act, the National Pollutant Discharge Elimination
System (NPDES) permit program controls water pollution by
regulating point sources that discharge pollutants into waters of the
United States. Point sources are discrete conveyances such as
pipes or man-made ditches. Individual homes that are connected to
a municipal system, use a septic system, or do not have a surface
discharge do not need an NPDES permit; however, industrial,
municipal, and other facilities must obtain permits if their discharges
go directly to surface waters. In most cases, the NPDES permit
program is administered by authorized states. Since its introduction
in 1972, the NPDES permit program is responsible for significant
improvements to our Nation's water quality.
• http://cfpub.epa.gov/npdes/
TMDL
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Including daily load expressions as a routine component in all TMDLs will require no fundamental
changes in the way TMDLs are presently developed. In practice, TMDLs are developed for a
variety of pollutants, environmental settings, pollutant source types, and waterbody types. They
may be calculated using an assortment of analytical approaches and commonly use time steps
ranging from daily to annual to express the loading capacity and associated allocations. In an
effort to fully understand the physical and chemical dynamics of a waterbody, many TMDLs are
developed using methodologies that result in identified allocations of monthly or greater time
periods. EPA encourages TMDL developers to continue to apply accepted and reasonable
methodologies when calculating TMDLs for impaired waterbodies and to use the most appropriate
averaging period for developing allocations based on factors such as available data, watershed
and waterbody characteristics, pollutant loading considerations, applicable standards, and the
TMDL development methodology, among other things. For a variety of reasons, EPA recognizes
that it might continue to be appropriate and necessary to identify non-daily allocations in TMDL
development despite the need to also identify daily loads. For parameters such as sediment, for
which narrative water quality criteria often apply, attainment of WQS cannot always be judged on
a daily basis. Assessment of cumulative loading impacts is necessary to understand how to
achieve WQS and to estimate the allowable loading capacity; therefore identifying long-term
allocations for such situations is appropriate and informative from a management perspective. For
TMDLs in which it is determined that a non-daily allocation is more meaningful in understanding
the pollutant/waterbody dynamics, EPA recommends that practitioners identify and include such
an allocation, as well as a daily load expression with the final TMDL submission.
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http://water.epa.gov/lawsregs/lawsguidance/cwa/tmdl/upload/2007_06_26_tmdl_draft_daily_loads
_tech-2.pdf
Point Source
Pollution
• A point source of pollution is a single identifiable localized source
of air, water, thermal, noise or light pollution. A point source has
negligible extent, distinguishing it from other pollution source
geometries. The sources are called point sources because in
mathematical modeling, they can be approximated as a
mathematical point to simplify analysis. Pollution point sources are
identical to other physics, engineering, optics and chemistry point
sources except that their emissions have been labeled
• Types of air pollution sources which have finite extent are line
sources, area sources and volume sources. Air pollution sources are
also often categorized as either stationary or mobile.
• http://en.wikipedia.org/wiki/Point_source_pollution
Non Point Source
Pollution
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Non-point source (NPS) pollution is water pollution affecting a water body from diffuse sources,
such as polluted runoff from agricultural areas draining into a river, or wind-borne debris blowing
out to sea. Nonpoint source pollution can be contrasted with point source pollution, where
discharges occur to a body of water at a single location, such as discharges from a chemical
factory, urban runoff from a roadway storm drain, or from ships at sea.
NPS may derive from many different sources with no specific solution to rectify the problem,
making it difficult to regulate. It is the leading cause of water pollution in the United States today,
with polluted runoff from agriculture the primary cause.[1] [2]
Other significant sources of runoff include hydrological and habitat modification, and silviculture
(forestry).[3] [4]
Contaminated stormwater washed off of parking lots, roads and highways, and lawns (often
containing fertilizers and pesticides) is called urban runoff. This runoff is often classified as a type
of NPS pollution. Some people may also consider it a point source because many times it is
channeled into municipal storm drain systems and discharged through pipes to nearby surface
waters. However, not all urban runoff flows through storm drain systems before entering
waterbodies. Some may flow directly into waterbodies, especially in developing and suburban
areas. Also, unlike other types of point sources, such as industrial discharge, wastewater plants
and other operations, pollution in urban runoff cannot be attributed to one activity or even group of
activities. Therefore, because it is not caused by an easily identified and regulated activity, urban
runoff pollution sources are also often treated as true nonpoint sources as municipalities work to
abate them.
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http://en.wikipedia.org/wiki/Nonpoint_source_pollution
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Agriculture
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It is well known that agriculture is the single largest user of freshwater
resources, using a global average of 70% of all surface water supplies.
Except for water lost through evapotranspiration, agricultural water is
recycled back to surface water and/or groundwater. However, agriculture is
both cause and victim of water pollution. It is a cause through its discharge
of pollutants and sediment to surface and/or groundwater, through net loss
of soil by poor agricultural practices, and through salinization and
waterlogging of irrigated land. It is a victim through use of wastewater and
polluted surface and groundwater which contaminate crops and transmit
disease to consumers and farm workers. Agriculture exists within a
symbiosis of land and water and, as FAO (1990a) makes quite clear, "...
appropriate steps must be taken to ensure that agricultural activities do not
adversely affect water quality so that subsequent uses of water for different
purposes are not impaired."
Sagardoy (FAO, 1993a) summarized the action items for agriculture in the
field of water quality as:
http://www.fao.org/docrep/w2598e/w2598e04.htm
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Agriculture Cont.
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establishment and operation of cost-effective water quality monitoring
systems for agricultural water uses. · prevention of adverse effects of
agricultural activities on water quality for other social and economic
activities and on wetlands, inter alia through optimal use of on-farm inputs
and the minimization of the use of external inputs in agricultural activities.
· establishment of biological, physical and chemical water quality criteria for
agricultural water users and for marine and riverine ecosystems.
· prevention of soil runoff and sedimentation.
· proper disposal of sewage from human settlements and of manure
produced by intensive livestock breeding.
· minimization of adverse effects from agricultural chemicals by use of
integrated pest management.
· education of communities about the pollution impacts of the use of
fertilizers and chemicals on water quality and food safety.
http://www.fao.org/docrep/w2598e/w2598e04.htm
Extractive Industries
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The oil and mining industries also rely on high volumes of water,
making them particularly vulnerable to water scarcity. Oil and gas
exploration use water for well drilling, completion and fracturing. For
this industry, water risks are particularly prevalent in the extraction oil
sands, petroleum deposits that have only recently become financially
viable to mine, as the process requires four to five liters of water to
separate out each liter of oil.
Large quantities of water are also used in the extraction, downstream
processing and conveyance of metals. Metals mining requires
anywhere between 100 and 8,000 liters of water per ton of ore
extracted, and the fact that mining operations cannot be relocated
makes the sector highly susceptible to risks such as changing local
water availability and community concerns about water use.
Water pollution is also problematic, presenting reputational and
regulatory risks that must be managed. In the Appalachian region of
West Virginia, for example, the U.S. Geological Survey estimates that
the drainage cleanup costs necessary after years of coal mining could
reach up to $15 billion by the time work is finished.
http://www.rmmag.com/Magazine/PrintTemplate.cfm?AID=3920
C8 Pollution
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Commonly referred to as C8, ammonium perfluorooctanoate and its
derivative salts are used by the EI du Pont de Nemours and Company
chemical company to aid in the production of non-stick and protective
fluoropolymers such as TEFLON™, Scotchguard™, and GoreTex™. Manufactured by 3M® and sold exclusively to DuPont until 2000, 3M
no longer manufactures C8, but DuPont now manufactures and uses it.
Waste from C8 manufacturing has been deposited primarily in the Letart
Landfill (Letart, Mason County), the Dry Run Landfill (Lubeck, Wood
County) and Riverbank Landfill (Ohio River). In addition, court records
revealed that DuPont had been emitting quantities of C8 into the air, and
that C8 had been leaking into ground water sources from an as yet
undetermined land source. Separate legal proceedings have been taken
against both DuPont and the West Virginia Department of Environmental
Protection with regard to the failure to report and destruction of documents
relating to environmental contamination with C8. The human drinking water
supply in 2 water districts in West Virginia and 4 water districts in Ohio have
been contaminated with C8.
http://www.hsc.wvu.edu/som/cmed/c8/settlementDetails.asp
C8 Pollution Continued
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The disclosure of environmental C8 contamination raised concern about
possible deleterious health effects of C8. Though underlying physiologic
and biologic mechanisms are not fully clarified, animal toxicologic and
ecologic studies have linked C8 to rodent gastrointestinal cancer, altered
rodent lipid metabolism, acute toxicity to honeybees, and bioaccumulations
in tissues of humans, birds, and fish. In 2005, the EPA Science Advisory
Board listed C8 as a likely carcinogen. In February 2005, presiding Wood
Circuit Judge George W. Hill Jr., approved a settlement in the class action
suit Jack Leach et al v. E.I. du Pont de Nemours and Company. Terms of
the settlement include provisions that DuPont provide equipment to remove
C8 from the human drinking water supply in the affected water districts, pay
for legal fees, and provide economic support for an independent study of
health effects of C8 as well as payments for health and education project for
the benefit of the Class and, pertinent to this IRB application, funding of a
community health study, known as the “C8 Health Project”, to document the
health effects of C8 on residents in the affected water districts.
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http://www.hsc.wvu.edu/som/cmed/c8/settlementDetails.asp
Wrapping it Up
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Clean Water Act (Section 303)
Impaired rivers and streams
Water resources
NPDES permitting system
TMDL
Point and non-point pollution sources
Agriculture
Extractive Industries
C8