A Review of the Clean Water Act and NPDES Permitting

Process

ES 705 Environmental Policy and ManagementArloe Fontenot

Historical Background• Refuse Act of 1899

• Made it illegal, without a permit, to throw refuse into navigable waters of the United States

• Federal Water Pollution Control Act of 1948, amended 1956• The 1956 Amended Federal Water Pollution Control Act is interpreted as the

direct precursor to the present day Clean Water Act

• Water Quality Act of 1965• Created the Federal Water Pollution Control Administration, precursor to the

US Environmental Protection Agency (EPA)

• Clean Water Act of 1972• Initially passed after an override of President Richard Nixon’s veto• EPA created 1970• National Pollutant Discharge Elimination System (NPDES) created

Goals of the Clean Water Act

• Comprehensive programs for water pollution control

• Outlines chain-of-command for:• Implementation of regulatory

programs through permitting• Enforcement of CWA including civil

penalties

Implementation Aspects of CWA

• National Pollutant Discharge Elimination System (NPDES) –• Permitting system for Point Sources –

(covers)• Toxic Pollutants• Priority Pollutants (more specific toxics,

for eg. all 12 chlorinated benzene species)

• Stormwater • TMDLS

Toxic Pollutants

• General list consisting of known toxics

• Eg. arsenic, asbestos, benzene, lead, PAHs, PCBs, vinyl chloride

• Formed by consent decree in 1976

Priority Pollutants

• More specific list of water pollutants

• Currently 126 priority pollutants• An analytical method of analysis

exists• Eg. chlorinated hydrocarbons in water

(EPA Method 8121), chlorinated pesticides in water (EPA Method 508.1)

NPDES Permitting - Municipal

• Municipal Facilities (POTW) - must follow Best Practical Control Technology Available (BPT) and Best Available Technology Economically Available (BAT)

• Additionally must meet a biological treatment standard

NPDES Permitting - Industrial

• BPT and BAT are followed• The 1987 Water Quality Act

required stormwater discharges regulated by NPDES permits (municipal as well)

• New Sources have more stringent discharge regulations

TMDLs

• Total Maximum Daily Load – total wasteload an impaired waterway can accept

• State’s job to identify impaired waterway

• TMDLs include sediment, pesticides, metals, pH, dissolved oxygen

Types of NPDES Permits

• Individual• Tailored to an individual facility, must

contain specific information• General

• Covers multiple facilities within a specific category• Eg. Oil and Gas Extraction Point Source

General Permit – issued by EPA Region 6 in Dallas

• NPDES permit for offshore oil and gas platforms

Conclusion

• The NPDES program has proven effective in improving overall water quality

• Increased emissions and discharges calls for more technology-based implementation coupled with greater enforcement in the future