The Clean Water Act and Water Quality Monitoring

1. The Clean Water Act and Water Quality Monitoring

2. Evolution of the Clean Water Act • 1890 Rivers and Harbors Act • prohibited discharges of filth and pollutants that could impede navigation into the nation’s waters • 1899 Refuse Act • protected navigable waterways from pollution • 1948 Federal Water Pollution Control Act • assist states, municipalities, and interstate agencies in constructing treatment plants to prevent discharges of inadequately treated sewage and other wastes into interstate waters or tributaries

3. Evolution of the Clean Water Act • 1956 Federal Water Pollution Control Act • pollution studies • construction of local sewage plants • 1965 Water Quality Act • first federal water quality standards program • 1966 Clean Water Restoration Act • increased federal involvement • limited to interstate waters • 1970 Creation of EPA/Water Quality Improvement Act • prohibitions on discharges of oil; classification of substances other than oil as toxic

4. Federal Water Pollution Control Act Amendments of 1972 • “To restore and maintain the chemical, physical and biological integrity of the nation’s water” • protected interstate and intrastate waters, including lakes, rivers, streams, estuaries and wetlands • outlined procedures for State issuance of water quality standards • limitations determined for point sources which are consistent with State water quality standards

5. Clean Water Act of 1977 • Development of a "Best Management Practices" Program • Completion of National Wetlands Inventory by December 31, 1981 • Authority for the Corps of Engineers to issue general permits on a state, regional, or national basis for any category of activities • Exemption of various activities from the dredge and fill prohibition including normal farming, silviculture, and ranching activities

6. 1987 Water Quality Act Amendments • nonpoint source control provisions • improved stormwater management practices • tightened controls on point sources • prohibited dumping at waterside industrial facilities • added Section 518, which authorized EPA to treat federally recognized Indian Tribes as States for certain provisions of the Act • beginning of state revolving water pollution control funds (SRF)

7. How does the Clean Water Act Work? Goals Discharge Permits “To restore and maintain the chemical, physical and biological integrity of the nation’s water” Prohibit the discharge of toxic pollutants in toxic amount

8. The Clean Water Act: NPDES National Pollutant Discharge Elimination System • Clean Water Act’s primary “point source” control program • Point sources are defined as “any discernible, confined, and discrete conveyance" of pollutants to a water body • Discrete conveyance includes, but is not limited to, "any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged." • The Act provides one major exception to the point source definition: it specifically excludes "return flows from irrigated agriculture or agricultural storm water runoff." This exempts many but by no means all agricultural activities from the NPDES program.)

9. The Clean Water Act Goals • The EPA has delegated primary NPDES responsibility in most states to a state pollution control agency. (e.g. Wyoming Department of Environmental Quality) • Exceptions include Alaska, Arizona, Idaho, Massachusetts, New Hampshire, New Mexico, the District of Columbia, Puerto Rico and the Pacific Territories. Discharge Permits Enforcement • Section 304 • List of permitted discharges, key permits and summaries of discharge monitoring reports • Permittees must monitor the quality of their discharges and determine if they have exceeded limits • Permittees must submit regular Discharge Monitoring Reports (DMRs) to the state Monitoring

10. The Clean Water Act Goals Water Quality Standards Water Quality Standards “A water quality standard defines the water quality goals of a water body, or portion thereof, by designating the use or uses to be made of the water and by setting criteria necessary to protect public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act.” Discharge Permits Enforcement Monitoring

11. Water Quality Standards established by states, districts, territories and tribes consist of three basic components: DESIGNATED USES WATER QUALITY CRITERIA ANTIDEGRADATION REQUIREMENTS

12. Water Quality Standards Designated Uses • Those uses specified by Water Quality Standards for each water body or segment whether or not they are being attained • Designated Uses in Wyoming Include: agriculture, fisheries, industry, drinking water, recreation, scenic value, aquatic life other than fish, wildlife, fish consumption

13. Wyoming Water Use Classes CLASS 1: OUTSTANDING WATERS CLASS 2: FISHERIES AND DRINKING WATERS Class 2AB: drinking supplies, nongame fisheries, fish consumption, aquatic life other than fish, primary contact recreation, wildlife, industry, agriculture and scenic value uses. Class 2A: drinking supplies, aquatic life other than fish, primary contact recreation, wildlife, industry, agriculture and scenic value Class 2B: game and non game fisheries, fish consumption, aquatic life other than fish, primary contact recreation, wildlife, industry, agriculture and scenic value Class 2C: nongame fisheries, fish consumption, aquatic life other than fish, primary contact recreation, wildlife, industry, agriculture, and scenic value CLASS 3: AQUATIC LIFE OTHER THAN FISH Class 3A: isolated waters not know to support fish populations or drinking water supplies Class 3B: intermittent and ephemeral streams with sufficient hydrology to normally support and sustain communities of aquatic life Class 3C: perennial streams without the natural water quality to support fish or drinking water supplies but do not support wetland characteristics CLASS 4: AGRICULTURE, INDUSTRY, RECREATION AND WILDLIFE Class 4A: artificial canals and ditches that are not known to support fish populations Class 4B: infrequent wetland occurrences and impoundments Class 4C: effluent dominated streams

14. Wyoming Class A Waters Class A: All waters located within National Parks and Congressionally designated Wilderness Areas The main stem of the Snake River above Highway 22 (Wilson Bridge) The main stem of the Green River, including the Green River Lakes from the mouth of the New Fork River upstream to the wilderness boundary The main stem of the Wind River from the Wedding of the Waters upstream to Boysen Dam The main stem of the North Platte River from the mouth of Sage Creek (approximately 15 miles downstream of Saratoga, WY) upstream to the CO border The main stem of the North Platte River from the headwaters of Pathfinder Reservoir to Kortes Dam (Miracle Mile Segment) The main stem of the North Platte River from the Natrona County Road 309 bridge (Goose Egg Bridge) upstream to Alcova Reservoir The main stem of Sand Creek above the U.S. Highway 14 Bridge The main stem of the Middle Fork of the Powder River through its entire length above the mouth of Buffalo Creek The main stem of the Tongue River, the main stem of the North Fork of the Tongue River, and the main stem of the South Fork of the Tongue River above the U.S. Forest Service Bdry The main stem of the Sweetwater River above the mouth of Alkali Creek The main stem of the Encampment River from the northern U.S. Forest Service boundary upstream to the CO state line The main stem of the Clark’s Fork River from the U.S. Forest Service boundary upstream to the Montana state line All waters within Fish Creek Drainage (near Wilson, WY) The main stem of Granite Creek (tributary Hoback River) through its entire length Fremont Lake Wetlands adjacent to above Class 1 waters

15. Water Quality Standards established by states, districts, territories and tribes consist of three basic components: DESIGNATED USES WATER QUALITY CRITERIA ANTIDEGRADATION REQUIREMENTS

16. Water Quality Standards Water Quality Criteria • What Physical, Biological and Chemical Data should be collected to protect the existing uses of waters? • “States must adopt those water quality criteria that protect the designated use. For waters with multiple use designations, the criteria shall support the most sensitive use.” • 40 CFR 131.11(a)(1)

17. Water Quality Standards Water Quality Criteria Chemical pH, dissolved oxygen, metals, toxic contaminants Biological Macroinvertebrates, periphyton, bacteria,riparian vegetation Physical Temperature, sediment, discharge, entrenchment, substrates

18. Water Quality Standards WY Water Quality Criteria

19. Water Quality Standards Dissolved Oxygen Water Quality Criteria • Water column concentrations recommended to achieve required inter-gravel dissolved oxygen concentrations shown in parentheses. For species that have early life stages exposed directly to the water column, figures in parentheses apply • Includes all embryonic and larval stages and all juvenile forms to 30 days following hatching • NA (not applicable) • All minima should be considered an instantaneous concentrations to be achieved at all times. Cold Water Game Fish: bass, catfish and bullhead, crappie, freshwater drum, grayling, burbot, pike, yellow perch, sturgeon, sunfish, trout, salmon, char, walleye and sauger and whitefish. Warm Water Game Fish: bass, catfish and bullhead, crappie, yellow perch, sunfish, walleye and sauger, pike, sturgeon and freshwater frum

20. Water Quality Standards established by states, districts, territories and tribes consist of three basic components: DESIGNATED USES WATER QUALITY CRITERIA ANTIDEGRADATION REQUIREMENTS

21. Water Quality Standards Antidegradation Water uses in existence on or after November 28, 1975 and the level of water quality necessary to protect those uses shall be maintained and protected Those surface waters not designated as Class 1, but whose quality is better than the standards contained in these regulations, shall be maintained at that higher quality Designated uses may be revised, raised or added through a Use Attainability Analysis (UAA)

22. Proposed Wyoming Use Class Changes

23. Proposed Wyoming Use Class Changes

24. The Clean Water Act Healthy Waters Goals Water Quality Standards Monitoring "Impaired waters" and "threatened waters" are waters that do not meet or are not expected to meet water quality standards Discharge Permits Impaired and Threatened Waters Enforcement Impaired and threatened waters are to be placed on the state 303(d) list Monitoring Updated every two years after reviewing all existing and readily-available data

25. 305(b) Report • State’s primary regular assessment of water quality • Occurs every two years • Provides a basis for identifying problems, setting priorities and developing management plans and programs

26. Section 319 Reports on Nonpoint Source Projects Provides grant money for projects to reduce pollution from nonpoint (diffuse) sources. Reports on 319 projects contain information about water quality problems in your area and past, present or planned corrective actions

27. The Clean Water Act Healthy Waters Goals Water Quality Standards Monitoring Discharge Permits Impaired and Threatened Waters Enforcement Monitoring Watershed Protection Plans

28. Watershed Management Plans • identify what is causing a threat or impairment to the watercourse • determine how to clean up and restore the water body • may also develop a TMDL (Total Maximum Daily Load)

29. The Clean Water Act Healthy Waters Goals Water Quality Standards Monitoring Discharge Permits Impaired and Threatened Waters Adjustments to Permits and Activities Enforcement Monitoring Monitoring Watershed Protection Plans Waters Still Impaired

30. The Future of the Clean Water Act Clean Water Act programs have been developed to meet these goals, and because the programs are implemented primarily at the state level, citizen involvement becomes the most critical part of making the programs work well. This is especially true in a state like Wyoming, where state resources are limited and most residents are skeptical of government actions

31. What can you do? • Monitor your local watercourses • Make sure waterbodies have been properly assigned designated uses • Make sure that the water quality criteria meets the assigned • designated uses • Use your data to educate your community about the health of your • watercourses • Talk with landowners, Conservation Districts, companies, Game and • Fish Officers, Department of Environmental Quality staff, etc. about your concerns • Work with these stakeholders to develop ways to improve your • watercourses

32. Collect Information on Your Watershed • National Water Quality Inventory 305(b). Organized by state, information how each waterbody measures against its water quality standards http://www.epa.gov/305b • Compare 305(b)information to the list of threatened and impaired waters 303 in your area • Obtain TMDL information for your watershed, it can be valuable to your monitoring and restoration work • Review state assessments and management plans of nonpoint pollution problems. • Wyoming’s Clean Water State Revolving Fund (SRF) is 8 million for 2008. Find out what pollution abatement projects are going on in the state by looking at the “Intended Use Plans, and past annual reports http://www.rivernetwork.org/cleanwater/cwa_search.asp

33. Designing a Monitoring Program • Develop information needs, data use and rationale for the program • Technical Design: Choose indicators, methods, sites and schedule • Information Design: establish how you will mange, analyze, and report the data • Evaluation Design: determine how you will assess the effectiveness of the program

34. Water is the most critical resource issue of our lifetime and our children's lifetime. The health of our waters is the principle measure of how we live on the land. -- Luna Leopold