Air and Water Pollution - Exam 2

includes slides/talks after quiz 6

Clean Power Plan (CPP)

2014 - EPA issued draft carbon emission regulations

aimed to reduce US power sector emissions 32% below 2005 levels by 2030

• “30 by 30”

EPA issued final rule (CPP)

DC Court of Appeals heard arguments against CPP but did not implement a stay

Same year - SCOTUS ordered stay on CPP until 24 state and industry challenge was heard by DC CoA

Clean Power Plan Cont’d

2017 - DOJ asks DC CoA to not issue ruling on CPP

• EPA afforded opportunity to fully review CPP in manner consistent with terms of exec order, CAA, and agencys inherent authority to reconsider past decisions

Affordable Clean Energy Act (ACE)

replaced CPP

EPA still required to regulate greenhouse gases

2019

• lower power sector emissions by 0.7 - 1.5% by 2030

changed way EPA calculates health risks of air pollution, resulting in reporting of far fewer health related deaths

EPAs Comparison of CPP to ACE

new ACE rules could lead to 1400 premature deaths annually by 2030

• from increase in fine particulate matter that is linked to heart and lung disease

up to 15,000 new cases of upper respiratory problems, rise in bronchitis, tens of thousands of missed school days

ACE Cont’d

January 2021

• DC Circuit vacated ACE and remanded EPA for further proceedings consistent with its opinion

Supreme Court said EPA cannot establish standard of performance using CPP

ACE rule could technically go back into effect pending further judicial proceedings

Biden Admin EPA sought to prevent CPP from going back into effect while EPA reconsidered

Clean Water Act Goals

eliminate pollution discharge by 1985

federally financed waste treatment

major research and technology grants

control point AND nonpoint sources

shifted burden of proof from regulator to polluter

Clean Water Act (CWA)

BOD, TSS, TDS, pH

• biological oxygen demand

• total suspended solids

• total dissolved solids

goals

• fishable/swimmable by 1983, eliminate all discharge by 1985 (toxic chems not regulated)

1977 amendments

• 129 priority pollutanta

Total Dissolved Solids (TDS)

dissolved solids concentration of Ca, Mg, Na, K, Cl, bicarbonate, nitrate (aka salinity)

Clean Water Act Results

60% current waters meet federal standards

62% of pop on secondary sewage treatment

Clean Water Act Cont’d

vested enforcement authority in EPA

established NPDES

polluters have to use BAT

• best available technology

• many choices

National Pollutant Discharge Elimination System (NPDES)

all point sources must have a permit

contains details on allowable discharges, BMPs, monitoring an reporting requirements

1977 Clean Water Act Amendment

1972 to ambitious; EPA sued by environmental groups

‘77 amendment kept:

• 1983 fishable/swimmable goal

• 1985 zero discharge goal

changed BAT to only toxic substances

created 129 priority pollutants

primary enforcement at state level

• SIP

federal funding for public treatment facilities

Water Quality Act of 1987

*amendment to CWA

passed despite presidential veto

focused on nonpoint sources

• farms, parking lots, etc

expanded NPDES to stormwater

2 types of regulation

• water quality based

• pollutant based

prevented backsliding

Clean Water Act Cont’d AGAIN

citizen suit provision

• private citizens can sue EPA/TDEC to enforce CWA and TN WQA

• allowed TN CLear Water Network to sponsor lawsuit against Moccasin Bend WWTP for 14 mil gals of raw sewage into TN River

resulted in Consent Decree (2012)

• Chat must pay

  • $476k in penalties; half to US, half to green infrastructure

  • $250 mil in sewer improvements

  • $800k stream restoration

    • reroute CSS

    • green stormwater collection

    • create storage

Hamilton County Consent Decree (2019)

hamilton county wwta

• $245 mil upgrading sewage systems

  • fix I&I - inflow and infiltration (in v leaking out)

  • reroute storm drains to storage tanks

• acknowledged million of gallons of sewage spills

• TN Riverkeeper sued

National Pollutant Discharge Elimination System (NPDES) Permits

regulate point source release

must abide by Total Maximum Daily Load (TMDL)

• reviewed every 3 years

enforces water quality standards and effluent limitations

identifies:

• location, flow rate, character, volume, effluent limits, monitoring requirements, etc

cost benefit analysis, EPA may relax

National Pollutant Discharge Elimination System (NPDES)

may have to pre treat before release to sewage treatment plant

may be required for stormwater (TS4 or MS4)

• DoT

• industry

• certain cities > 10,000

• large municipalities (> 100,000)

• construction activities 1 - 5 acres

state administered

• must submit regulation and enforcement plans for approval by EPA

• must establish TMDL for waters that will not meet water quality standards by following federal effluent limits (aka listed streams)

Municipal Separate Storm Sewer System (MS4)

municipality owned or controlled conveyance or system of conveyances (roads w drainage systems, municipal streets, carch basins, curbs, ditches, etc)

Bioswales

green infrastructure to increase infiltration

• to groundwater

Transportation Separate Storm Sewer System (TS4)

DoT owned or controlled state highways, sidewalks, airports, gravel pits, mineral mining facilities, and other impervious surfaces

Total Maximum Daily Load (TMDL)

load allocation

• background load + nonpoint load

waste load allocation

margin of safety

• 10-1000x threshold

*load allocation + waste load allocation + margin of safety

Water Quality Assessment

National Water Quality Inventory Report (305 (b) report) and ATTAINS database

• all major water systems

• primary vehicles for informing congress

• this report and database characterize our water quality and identify widespread water quality problems

parameters to be a fully “supporting” stream

• navigation, recreation, livestock watering, irrigation, wildlife, indistrial, domestic water

• streams are designated for some, but maybe not all criteria

Water Quality Assessment Cont’d

305 (b) reports used to compile list of impaired waters (303 (d) list)

• famously bad; naughty list; stream has env issues

• biennial report

  • every 5 years a watershed is sampled

• parameters for listing stream

• currently 34; most common are

  • pathogens, nutrients, metals, low DO, PCBs, pH, etc

  • must create TMDL for listed streams - control future development

*non supporting/impairment = 303 (d) list

Field Parameters

data for 303 (b) report

taxa richness (total number of families)

• aquatic invertebrates

EPT richness

• total number of intolerant families

• e = ephemeroptera, p = plecoptera, t = tricoptera

convert to a score

DO, TDS (conductivity), pH, temp

weather

watershed characteristics

• area around stream

stream characteristics

• velocity, width, channel alteration, etc

CWA Dredge/Fill, Wetlands

dredged and filled material regulated by Army Corps of Engineers permit

wetlands

• must avoid unnecessary alteration or destruction

Summary of CWA Priorities

toxic pollutants

nonpoint sources

accidental spills

watershed improvements