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0000003499 00000 n The CWA is the principle law governing pollution control and water quality of the Nation's waterways. The general permit allows for streamlining of the permitting process for similar activities. 0000161342 00000 n This site displays a prototype of a Web 2.0 version of the daily (3) Upon a finding that an Industrial User meeting the criteria in paragraph (v)(1)(ii) of this section has no reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standards or requirement, the Control Authority may at any time, on its own initiative or in response to a petition received from an Industrial User or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such Industrial User is not a Significant Industrial User. 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. These regulations require NPDES permits to be issued for storm water discharges in accordance with the CWA. 0000252467 00000 n If you want to request a wider IP range, first request access for your current IP, and then use the "Site Feedback" button found in the lower left-hand side to make the request. 1344), Section 402 - National Pollutant Discharge Elimination System, Section 401 - State and Tribal Certification of Water Quality, Overview of Section 401 CertificationText of Section 401 (33 U.S.C. The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The U.S. Environmental Protection Agency (EPA) presents the report to Congress on implementation of section 403(c) of the Clean Water Act (the Act), as required in section 1007 of the Ocean Dumping Ban Act of 1988. Clean Water Act and Waters of the U.S. (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; has no substantive legal effect. In the case of discharges to the territorial sea, the contiguous zone, or the ocean,1 these requirements include section 403 of the Clean Water Act. on Q >` k) 0000006674 00000 n 9275) aims to protect the country's water bodies from pollution from land-based sources (industries and commercial establishments, agriculture and community/household activities). As amended in 1977 (P.L. software_req: OS CURRENT - OTHEROS VERSION - NOT SUREDBMSCURRENT - ORACLEDBMSNOTE - ALSO OTHER: NOT SURECOTS CURRENT - OTHERCOTS NOTE - NOT SURE NSPS are based upon the best available demonstrated control technology and are at least as stringent as best available technology. 3. The resulting tasks for BSEE include: enforcing spill prevention measures, reviewing spill response plans, inspecting spill containment and cleanup equipment. OPA 90 also increased penalties for regulatory noncompliance, broadened the response and enforcement authorities of the federal government, and preserved state authority to establish laws governing oil spill prevention and response. 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. Growing public awareness and concern for controlling water pollution led to enactment of the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. the material on FederalRegister.gov is accurately displayed, consistent with 0000002004 00000 n Additional information is available including annual reporting requirements, frequently asked questions, and training webinars. 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. This version does not include the amendments. An official website of the United States government. documents in the last year, by the National Oceanic and Atmospheric Administration These markup elements allow the user to see how the document follows the Section 402 of the Clean Water Act (CWA) prohibits the discharge of any pollutant from any point source to navigable waters ("Waters of the United States" or "WOTUS") unless authorized by a. Summary of Findings a. Clean Water Act: A Summary of the Law Congressional Research Service Summary The principal law governing pollution of the nation's surface waters is the Federal Water Pollution Control Act, or Clean Water Act. Permit Regulations - regulations, established by the Army Corps of Engineers, that specifies the procedures and criteria for the issuance of Section 404 permits. On July 1, 1994, EPA finalized the revisions that direct facility owners or operators to prepare and submit plans for responding to a worst-case discharge of oil (Subpart D). continue to provide the backbone of water pollution enforcement. These new source performance standards (NSPS) should represent the most stringent numerical values attainable. >#"yWBL.6X-!Z B B5Hv\(8\5EAgzBd8;GgiD-G=!DP}}@T (2) Therefore 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) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. 1251, et seq. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and expanded in 1972. Section 15- Artificial humidification Section 16- Overcrowding Section 17- Lighting Section 18- Drinking water Section 19- Latrines and urinals Section 20- Spittoons CLEANLINESS (Sec) factory shall be kept clean and free from Removal of accumulated dirt . 0000002823 00000 n (1) A request by a POTW for approval of a Pretreatment Program to the EPA or a Director; (2) A request by a POTW to the EPA or a Director for authority to revise the discharge limits in categorical Pretreatment Standards to reflect POTW pollutant removals; or. As amended in 1977 (P.L. Nonpoint Source Program (319) 1251, et seq. Section 316(b) of the CWA requires that the location, design, construction and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact. This study re-examines the earliest known attempt . (u) The term Regional Administrator means the appropriate EPA Regional Administrator. Program Definitions and Permit Exemptions - established by the EPA, these definitions apply to the Section 404 program and clarify which activities are exempted from regulation under Section 404(f) of the Clean Water Act. 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. 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). (2) Construction on a site at which an existing source is located results in a modification rather than a New Source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs (m)(1)(ii) or (m)(1)(iii) of this section, but otherwise alters, replaces, or adds to existing process or production equipment. 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. documents in the last year, by the Coast Guard For example, if you want to go to the The notebook contains more than 75 documents; all the materials EPA believes relevant to implementation of the part 70 program by States, local agencies, territories, and Indian tribes. 0000098462 00000 n On November 30, 2009, EPA issued a modification of the General permit to include the results of a Reasonable Potential analysis, the result of which produced specific water quality-based limits for specific parameters in the produced water effluent for all discharging platforms offshore southern California. NEPA is the basic national charter for protection of the environment. While every effort has been made to ensure that %VR=gfZ{GS|.3Lz:g(;@@$ L!FA%%%lZu -PdTCC#P!!LCc @ Summary of Permits for Clean Water Act / Rivers & Harbors Act English Aside from the Clean Water Act and the Rivers and Harbors Act, in many states there are several permitting requirements associated with wetlands or work in streams, along stream banks, or in floodplains. Each document posted on the site includes a link to the some stormwater . State Assumption Regulations - regulations that specify the procedures and criteria used by EPA in assessing State assumption of section 404 programs. The securities offered in the Offering have not been, and will not be, registered under the United States Securities Act of 1933, as amended (the " U.S. Securities Act ") or any U.S. state . 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). The goal of the Pretreatment Program is to prevent the introduction of pollutants into publicly owned treatment works (POTWs) which will pass through or interfere with the operation of a POTW, including use and disposal of biosolids. On May 26, 2000, President Clinton signed Executive Order 13158 which among other things explicitly directs EPA to take action to better protect marine and coastal areas. The Public Inspection page may also 1251 et seq. kd=#ij"%`#6^.,lT+19?U[GA`a~n_NF-wwACZ. Originally enacted in 1948, it was totally revised by amendments in 1972 that gave the act its current dimensions. New sources are subject to more rigorous effluent limits than existing sources based on the idea that it is cheaper to minimize effluent pollutants if environmental controls are considered during plant design than if an existing facility is retrofitted. The anticipated date of the Coastal Commission hearing is the week of April 8, 2013. %PDF-1.4 % (n) The terms NPDES Permit or Permit means a permit issued to a POTW pursuant to section 402 of the Act. Region 4 can be found at: https://www.epa.gov/aboutepa/about-epa-region-4-southeast. (2) The Approval Authority if the Submission has not been approved. 0000233530 00000 n The documents include guidance memos/letters, questions/answers, several specialty documents, and related Federal Register notices that have been produced by EPA since inception of the program with the Clean Air Act amendments of 1990. The CWA was a response to increasing public concern for the environment and for the condition of the nation's waters. Direct dischargers (an OCS operator, for example) must comply with the effluent limitations guidelines and the new source performance standards in the NPDES permits; indirect dischargers must comply with the pretreatment standards. Section 403 Requirements Section 403 of the CWA provides that point source discharges to the territorial seas, contiguous zone, and oceans are subject to regulatory requirements in addition to the technology- or water quality-based requirements applicable to typical discharges. 0000005062 00000 n EPA is seeking comments on: 1) a proposed National Pollutant Discharge Elimination System (NPDES) permit, under Section 402 of the Clean Water Act (CWA), for effluent discharge from the Meskwaki Nation wastewater and public water treatment systems, operated by the Sac and Fox Tribe of the Mississippi in Iowa (Meskwaki Nation); and 2 . The Clean Water Act of 1977 and the Safe Drinking Water Act Amendments are especially important when designing disposal systems for geothermal fluids. EPA has published the third and final part of this rule which establishes categorical requirements under section 316(b) of the CWA for new offshore oil and gas extraction facilities that have a design intake flow threshold of greater than 2 million gallons per day (MGD) and that withdraw at least 25 percent of the water exclusively for cooling purposes. (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. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. '', Final Revisions to the Clean Water Act Regulatory Definitions of "Fill Material" and "Discharge of Fill Material". This permit authorizes discharges from all exploratory facilities operating within the permit area and development and production facilities which are not new sources including the following: Platforms A, B, C, Edith, Ellen, Elly, Eureka, Gail, Gilda, Gina, Grace, Habitat, Harmony, Harvest, Henry, Heritage, Hermosa, Hillhouse, Hidalgo, Hogan, Hondo, Houchin, and Irene. by the Foreign Assets Control Office documents in the last year, 663 About the Federal Register The owners and managers of MTC Water Refilling Station in Las Pias City were the respondents to this study. Sections 402, 403 and 405 of the Clean Water Act work together to ensure proper permits, Some of the goals of this act are: discharge of, pollutants into navigable waters is eliminated, discharge of toxic pollutants in toxic amounts is. The Secretary in turn delegated this OPA 90 authority to BOEM or BSEE. Toxic pollutants also include those pollutants listed by the Administrator under CWA Section 307(a)(1) or any pollutant listed under Section 405(d) which relates to sludge management. Congress specifically requested the following information regarding the 403(c) program: An accounting of discharges into the waters of the territorial sea, the contiguous zone, and the ocean; A schedule for implementing section 403(c) of such Act and achieving compliance with guidelines promulgated under such section as expeditiously as practicable, and an estimate of the resources required to meet such schedule; and Recommendations for any. 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. The Public Inspection page Under these general permits, discharges are authorized from oil and gas exploratory facilities in accordance with effluent limitations, monitoring requirements, and other conditions contained in the permit. The goal of the CWA is to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters." 33 U.S.C. 99-66). Register (ACFR) issues a regulation granting it official legal status. )Legislation/Enabling Authority:FWPCA ? Glen Canyon Dam/ Smallmouth Bass Flow Options Draft Environmental Assessment. 0000005404 00000 n The original regulation, including the preamble to the regulation is available in the Federal Register. THE Indian Contract ACT; Contingent Contracts - Its summary notes about business laws; . Examples are: General permits are written for a specific industrial category within a limited geographic area. Register, and does not replace the official print version or the official (ii) Any other Industrial User that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW Treatment plant; or is designated as such by the Control Authority on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or requirement (in accordance with 40 CFR 403.8(f)(6)). Such regulations may include the identification of areas that warrant additional pollution protections and the enhancement of marine water quality standards. Certain treatment worksspecified by Part 503are required to submit an annual report on biosolids treatment and management practices to their permitting authority by February 19thof each year. The work was performed by RTP Environmental Associates Inc. of Raleigh, North Carolina. (k) The term Interference means a Discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and. These can be useful 0000234147 00000 n 03/03/2023, 266 New point sources and existing point sources of pollutants have different NPDES regulations. method of disposal. The most recent effluent limitations guidelines for the oil and gas extraction point-source category were published in 1993. III. Frequently asked questions on Offshore Discharges from Oil and Gas Development Operations are addressed further at: http://www.boem.gov/Environmental-Stewardship/Environmental-Assessment/CWA/Offshore-Discharges-From-Oil-and-Gas-Development-Operations---FAQ.aspx. legal research should verify their results against an official edition of 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". See Supplementary information section for meeting dates. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 401)Text of Section 10 (33 U.S.C. 0000006342 00000 n Some states personalize the program. Clean Water Act: A Summary of the Law Congressional Research Service 1 Introduction The principal law governing pollution of the nation's surface waters is the Federal Water Pollution Control Act, or Clean Water Act. Many Clean Water Act programs,including Section 404, apply only to waters of the United States.. corresponding official PDF file on govinfo.gov. 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. 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. - This Act shall apply to water quality management in all water bodies: Provided, That it shall primarily apply to the abatement and control of pollution from land based sources: Provided, further, That the water quality standards and regulations and the civil liability and penal provisions under this Act shall be enforced irrespective of sources Under the CWA, point source discharges (i.e., discharges from municipal and industrial facilities) to waters of the United States must obtain a National Pollutant Discharge Elimination System (NPDES) permit, which requires compliance with technology- and water quality-based treatment standards. It is not an official legal edition of the Federal Enforcement Regulations - regulations, established by the EPA, to outline options available to the agencies to enforce the provisions of Section 404. informational resource until the Administrative Committee of the Federal EPA is now in the process of reissuing the General NPDES permit including the collection of public comments (the public comment period closed February 4, 2013). This 23 section Regulation aims to reduce landfill waste and litter left on roads and in waterways by providing standards for beverage containers and their disposal. 0000161524 00000 n OCEAN DISCHARGE CRITERIA DATABASE (CWA SECTION 403) Contact JAMES WOODLEY phone: 202 260-1998 email: Woodley.James@epa.gov Description: Resource Purpose: Under Section 402 of the CWA, NPDES permits addressing discharges to the ocean can be obtained. (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). daily Federal Register on FederalRegister.gov will remain an unofficial The criteria is used to determine if the discharge will likely cause unreasonable degradation to the marine environment. Compensatory Mitigation Rule - On March 31, 2008, EPA and the U.S. Army Corps of Engineers (the Corps) issued revised regulations governing compensatory mitigation for authorized impacts to wetlands, streams, and other waters of the U.S. under Section 404 of the Clean Water Act. Under this section it is unlawful to violate any such effluent standards or . An enforcement action can be taken against a person or wastewater treatment plant (WWTP) who does not meet the requirements of Part 503 even when that person or WWTP does not have a permit for the use or disposal of sewage sludge. Within these categories, document citations, sorted alphabetically, include the following attributes: Abstract; EPA Document Number; Date of Publication; and Publication Contact. documents in the last year, 282 To date EPA has authorized nine states(Arizona, Idaho, Michigan, Ohio, Oklahoma, South Dakota, Texas, Utah, and Wisconsin) to implement the biosolids program as part of their NPDES program. Official websites use .gov developer tools pages. 1374 43 The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and expanded in 1972. <]/Prev 775383>> 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 hb```b``={Ac#'ThGL,y O^9xNVcQa`(J4aiRhY+!KL!tct5lvjcQ.\DQN^65+5sV,,jjce>-VRN State Assumption Regulations (40 CFR 233). Secure .gov websites use HTTPS documents in the last year, 86 (1) Except as provided in paragraphs (v)(2) and (v)(3) of this section, the term Significant Industrial User means: (i) All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; and. (d) The term Approved POTW Pretreatment Program or Program or POTW Pretreatment Program means a program administered by a POTW that meets the criteria established in this regulation ( 403.8 and 403.9) and which has been approved by a Regional Administrator or State Director in accordance with 403.11 of this regulation. Guidance is provided in this manual on general methods for collecting, analyzing, and presenting information for an NPDES permit application. EPA interprets "significant site preparation" for offshore effluent guidelines as "the process of clearing and preparing an area of the ocean floor for purposes of constructing or placing a development or production facility on or over the site." The Clean Water Act regulations prohibit the discharge of what would otherwise be classified as a RCRA D001 ignitable hazardous waste down the drain (refer to 40 CFR Section 403.5(b)). A .gov website belongs to an official government organization in the United States. (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: Development and production facilities are existing sources if significant site preparation work took place before NSPS became effective. The Clean Water Act of 1972 ("CWA") is the principal statute governing water quality in the United States. 0000024149 00000 n Existing point source dischargers (exploratory wells and grandfathered development and production facilities) are regulated using technology-based effluent limitations guidelines (ELG) [40 CFR Part 435]. A Proposed Rule by the Environmental Protection Agency on 07/12/2000.