on Summary CLEAN WATER ACT.docx EVSP411 Clean Water Act: Sections 402, 403, and 405 American Public University EVSP411 Environmental Policy, Regulation, and Law Clean Water Act: Sections 402, 403, and 405 The Clean Water Act (CWA) was established in order to $7.49 Add to cart Also under the NPDES program, facilities that discharge beyond the baseline must obtain in addition to NPDES permit under CWA Section 402, that permit must also address ocean discharge criteria set forth in CWA Section 403. Section 402 of the Clean Water Act requires that a discharge of any pollutant or combination of pollutants to surface waters that are deemed waters of the United States be regulated by a National Pollutant Discharge Elimination System (NPDES) permit. Glen Canyon Dam/ Smallmouth Bass Flow Options Draft Environmental Assessment. Register, and does not replace the official print version or the official An official website of the United States government. from 36 agencies. (s) The term Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. >#"yWBL.6X-!Z B B5Hv\(8\5EAgzBd8;GgiD-G=!DP}}@T (2) The Control Authority may determine that an Industrial User subject to categorical Pretreatment Standards under 403.6 and 40 CFR chapter I, subchapter N is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met: (i) The Industrial User, prior to the Control Authority's finding, has consistently complied with all applicable categorical Pretreatment Standards and Requirements; (ii) The Industrial User annually submits the certification statement required in 403.12(q) together with any additional information necessary to support the certification statement; and. ocean acidication. Executive Order 11988: Floodplain Management - an order given by President Carter in 1977 to avoid the adverse impacts associated with the occupancy and modification of floodplains. endstream endobj 1375 0 obj <>/Metadata 1371 0 R/OutputIntents[<>]/Pages 1370 0 R/StructTreeRoot 83 0 R/Type/Catalog>> endobj 1376 0 obj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 1377 0 obj <> endobj 1378 0 obj <> endobj 1379 0 obj <> endobj 1380 0 obj [352 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 454 0 0 0 0 0 0 683 0 698 0 0 0 0 0 0 0 0 557 0 0 0 0 0 0 684 0 0 0 990 0 0 0 0 0 0 0 0 0 601 0 521 0 596 352 0 633 0 0 0 274 973 633 607 0 0 427 0 394 633 0 818 0 591] endobj 1381 0 obj <> endobj 1382 0 obj [250 0 0 0 0 0 0 0 0 0 0 0 250 333 250 0 500 500 500 500 500 0 500 500 500 0 0 278 0 0 0 0 921 0 0 667 0 611 556 0 0 0 0 0 611 0 0 0 556 0 667 556 0 722 0 0 0 0 0 0 0 0 0 0 0 444 500 444 500 444 0 500 0 278 0 0 278 778 500 500 500 500 333 389 278 500 500 0 500 500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 500] endobj 1383 0 obj <>stream Section 403 states that permits shall not be issued where it is requested to release pollutants into the ocean, contiguous zones, or territorial waters (Clean Water Act, n.d). As amended in 1977 (P.L. Text of Program Definitions and Permit Exemptions (40 CFR 232). These meetings will provide the interested public an opportunity to comment on EPA's approach for regulatory revisions and to present data or opinions regarding the impacts of ocean discharges under CWA section 403 on the ocean environment. To prevent oil from reaching navigable waters and adjoining shorelines, and to contain discharges of oil, the regulation requires these facilities to develop and implement Spill Prevention, Control, and Countermeasure (SPCC) Plans and establishes procedures, methods, and equipment requirements (Subparts A, B, and C). and 301(h). who contributed, planned, set up, and ran the company. 403 (c) and 40 CFR ? The Administrator signed this rule on June 1, 2006, and it was published in the Federal Register [71 FR 35005, June 16, 2006]. (l) The term National Pretreatment Standard, Pretreatment Standard, or Standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the Act, which applies to Industrial Users. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It is well understood that intrinsic factors of bone contribute to bone diagenesis, including bone porosity, crystallinity, and the ratio of organic to mineral components. Prior to the promulgation of such guidelines, a permit may be issued under such section 1342 of this title if the Administrator determines it to be in the public interest. Corporate author : UNESCO Person as author : Schneegans, Susan [editor] Person as author : Lewis, Jake [editor] Person as author : Straza, Tiffany [editor] This reclassification implies that a substantial cost reduction will be realized for geothermal fluid injection primarily because well monitoring is no longer mandatory. 1374 0 obj <> endobj include documents scheduled for later issues, at the request Section 4(f) of the Executive Order on Marine Protected Areas states: To better protect beaches, coasts, and the marine environment from pollution, the Environmental Protection Agency (EPA), relying upon existing Clean Water Act authorities, shall expeditiously propose new science-based regulations, as necessary, to ensure appropriate levels of protection for the marine environment. Under section 303(d) of the federal Clean Water Act, states must establish water quality standards for waters within their borders and develop a list of impaired waters that do not meet the established water quality standards.7 States must then develop a total maximum daily load (TMDL)8 9for every pollutant/waterbody combination on the list. The Army Corps of Engineers reissuance of existing Nationwide Permits, General Conditions, and definitions with modifications on March 19, 2012. EPA's regulatory program under section 403 of the Clean Water Act (CWA) is an integral part of the National Pollutant Discharge Elimination System (NPDES) permit program for ocean discharges. Nationwide Permit Program - program established by the Army Corps of Engineers that allows the Corps to grant general permits for similar categories of discharges that will have only minimal adverse effects. The term also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the Indirect Discharges to and the discharges from such a treatment works. Enforcement Regulations (40 CFR, Part 22). 95-217), this law became commonly known as the Clean Water Act(CWA). These permits systems are based upon effluent guidelines developed by EPA on an industry by industry basis. Review sewage sludge (biosolids) regulations every two years to identify any additional pollutants that may occur in biosolids, and then set regulations for those pollutants if sufficient scientific evidence shows they may harm human health or the environment. It is not an official legal edition of the Federal documents in the last year, 35 0000233736 00000 n documents in the last year, 83 The President of the United States manages the operations of the Executive branch of Government through Executive orders. You may also call Macara Lousberg, at telephone 202/260-9109. This feature is not available for this document. In addition, documents are indexed four ways; by date, by author, alphabetically by title, and by reference number. 'qb`r\da^Yf"g!b"JE+&b(rE} /79*`9_. 0000005404 00000 n These markup elements allow the user to see how the document follows the documents in the last year, 822 The final NPDES general permit for existing and new source discharges in the Eastern Portion of the outer continental shelf of the Gulf of Mexico, GMG460000, was issued in January, 2018. trailer National Environmental Policy Act and Offshore Renewable Energy, National Pollution Discharge Elimination System, https://www.epa.gov/aboutepa/about-epa-region-4-southeast, http://www.epa.gov/region6/water/npdes/genpermit/index.htm, https://www.epa.gov/npdes-permits/npdes-permits-epas-pacific-southwest, https://www.epa.gov/aboutepa/epa-region-10-pacific-northwest, http://www.boem.gov/Environmental-Stewardship/Environmental-Assessment/CWA/Offshore-Discharges-From-Oil-and-Gas-Development-Operations---FAQ.aspx. Follow us to learn about opportunities to participate in our efforts and how we engage. If you are human user receiving this message, we can add your IP address to a set of IPs that can access FederalRegister.gov & eCFR.gov; complete the CAPTCHA (bot test) below and click "Request Access". The part 70 operating permits regulations are annotated with document reference numbers to indicate where a document relates to a specific section of the regulations. These permits are subject to renewal for subsequent five-year periods. EPA's regulatory program under section 403 of the Clean Water Act (CWA) is an integral part of the National Pollutant Discharge Elimination System (NPDES) permit program for ocean discharges. (2) The Approval Authority if the Submission has not been approved. Section 404 - establishes a program to regulate the discharge of dredged and fill material into waters of the United States, including wetlands. In addition, because of the complexity and ecological significance of marine ecosystems, discharges to the marine environment beyond the baseline (i.e., the territorial sea, contiguous zone, and oceans) must also comply with section 403 of the CWA (section 403), which specifically addresses impacts from such point sources on marine resources. Three broad categories of pollutants are identified in the guidelines: conventional, toxic, and non-conventional, which are described below. Also, at any time, you can jump to the slides about a particular CWA program, by clicking on the "CWA Big Picture" link in the navigation tool bar -- at the top of the screen. The documents posted on this site are XML renditions of published Federal Such regulations may include the identification of areas that warrant additional pollution protections and the enhancement of marine water quality standards. (1) The Administrator shall, within one hundred and eighty days after October 18, 1972 (and from time to time thereafter), promulgate guidelines for determining the degradation of the waters of the territorial seas, the contiguous zone, and the oceans, which shall include: (A) the effect of disposal of pollutants on human health or welfare, including but not limited to plankton, fish, shellfish, wildlife, shorelines, and beaches; (B) the effect of disposal of pollutants on marine life including the transfer, concentration, and dispersal of pollutants or their byproducts through biological, physical, and chemical processes; changes in marine ecosystem diversity, productivity, and stability; and species and community population changes; (C) the effect of disposal, of pollutants on esthetic, recreation, and economic values; (D) the persistence and permanence of the effects of disposal of pollutants; (E) the effect of the disposal of varying rates, of particular volumes and concentrations of pollutants; on NARA's archives.gov. Section 402 authorizes the US Environmental Protection Agency (EPA) or states with EPA approved programs to issue National Pollutant Discharge Elimination System (NPDES) permits for the direct discharge of waste from a point source into waters of the United States. Section 403 requires that discharges to the territorial seas, contiguous zones, and oceans comply with regulatory requirements above and beyond those . It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW Treatment Plant. 0000233530 00000 n 0000161110 00000 n 0000161595 00000 n The NPDES program interacts with many sections of the CWA; therefore, background material on pertinent areas such as effluent limitations, water quality standards, toxic substances, and nonpoint source pollutants is included in this manual. While every effort has been made to ensure that This manual provides general guidance for Department of Energy (DOE) officials for complying with Sect. and WMA. 40 CFR Part 503 applies to any person or treatment works that prepares sewage sludge, applies sewage sludge to the land, fires sewage sludge in an incinerator, and the owners and operators of surface disposal sites. 99-66). Modifications, variances, and extensions applicable to NPDES permits are also discussed. startxref 403.3 Definitions. 95-217), this law became commonly known as the Clean Water Act (CWA). Section 405(d) of the CWA requires EPA to: Per the first requirement of CWA section 405(d) which requires EPA to establish requirements and management practices for the use and disposal of sewage sludge (biosolids), EPA issued the regulations found in 40 CFR Part 503. (f) The term Control Authority refers to: (1) The POTW if the POTW's Pretreatment Program Submission has been approved in accordance with the requirements of 403.11; or. (p) The term Pass Through means a Discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation). Report to congress on implementation of section 403(c) of the Federal Water Pollution Control Act, Environmental Compliance Guide. EPA Region 9 issued a final General NPDES permit for offshore oil and gas facilities located in Federal water off the coast of southern California in December 2004. The Clean Water Act (CWA) of 1972 and its amendmentsgovernwater pollution in the United Statesand are central to EPAs mission to protect public health and the environment. Region 4 can be found at: https://www.epa.gov/aboutepa/about-epa-region-4-southeast. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. These tools are designed to help you understand the official document Section 403(a)(2)(B) of the CWA requires that water quality criteria address "the factors necessary for the protection and propagation of shellsh, sh, and wildlife"14 Once section 304(a) water quality criteria are determined, those criteria must be enforced.
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