USGS Guide to Federal Environmental Laws and Regulations
WATER QUALITY
Table of Contents
Applicable Statutes
-
- Clean Water Act (PL 92-500; 33 U.S.C. 1251 et seq.)
- Safe Drinking Water Act (PL 93-523; 42 U.S.C. 300f-j-26)
Clean Water Act, as amended (PL 92-500; 33 U.S.C. 1251 et seq. )
Purpose
Also known as the Federal Water Pollution Control Act, it is the objective of the
Clean Water Act (CWA)
"to restore and maintain the chemical, physical, and biological integrity of the Nation's waters".
Seven goals and policies are declared in order to meet this objective. One goal was to reach zero discharge of pollutants by 1985.
Others include providing funding for the construction of publicly owned treatment works (POTWs), creating a nonpoint source
pollution program, and generally, and making the waters of the U.S. "fishable and swimmable".
Although not specifically stated in this declaration, the CWA contains the nation's most noteworthy wetlands legislation.
Major Provisions by Section
-
201-209 (33 U.S.C. 1281-1289)- Grants for construction of treatment works
- These sections originally provided federal grants for the construction of wastewater treatment plants.
The program has been phased out by the 1987 amendments in favor of a revolving loan fund.
- 301 (33 U.S.C. 1311)- Effluent limitations
- The discharge of any pollutant into the nation's waters except for discharges in compliance with the CWA is prohibited,
according to this section. Limitations are placed on existing sources which vary according to the nature of the
pollutant discharged and to where the outfall is directed.
- 302 (33 U.S.C. 1312)- Water quality related effluent limitations
-
Point sources which interfere with the attainment or maintenance of desired water quality are
subject to the imposition of more stringent effluent limitations.
- 303 (33 U.S.C. 1313)
- Water quality standards and implementation plans
- Water quality-based regulatory controls on dischargers known as Water Quality Standards (WQS) are required by states to
protect designated uses of water bodies. Technological capability is not a consideration in setting WQS.
- 304 (33 U.S.C. 1314)- Information and guidelines
-
This section requires the EPA to develop water quality criteria and guidelines for effluent limitations, pretreatment programs,
and administration of the National Pollutant Discharge Elimination System (NPDES) program.
- 306 (33 U.S.C. 1316)- National standards of performance
- A list of categories of effluent sources is presented which specifies that each of the industries listed must conform
to technology-based new source performance standards.
The standards are to demonstrate the best demonstrated control technology.
- 307 (33 U.S.C. 1317)- Toxic and pretreatment effluent standards
- This requires that industries discharging toxic pollutants meet effluent limits
that employ the best available technology economically
achievable. Part (b) mandates the establishment of pretreatment standards while part {c} looks at new sources of pollutants
into publicly
owned treatment works (POTWs).
- 309 (33 U.S.C. 1319)- Enforcement
-
Enforcement by the states, as well as compliance orders, and administrative, civil, and criminal penalties are authorized.
- 311 (33 U.S.C. 1321)- Oil and hazardous substance liability
-
The Congressional declaration of policy against discharges of oil or hazardous substances in harmful quantities into waters and adjoining shorelines
is presented. A spill prevention, control, and countermeasure plan is to be developed by all facilities that handle, transport, and store oil.
Any spill or discharge of a harmful quantity of oil must be reported to the National Response Center.
Strict liability is assigned to owners or operators of facilities from which oil discharges occur.
- 319 (33 U.S.C. 1329)- Nonpoint source
management programs
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This section requires that states identify waters that are not able to meet WQS because of nonpoint sources.
The activities responsible for the pollution are to be
identified and a management plan is to be created to help correct the nonpoint source problem.
- 401 (33 U.S.C. 1341)- Certification
-
Any applicant for a Federal license or permit to conduct any activity which may result in any discharge into
the navigable waters,
shall provide the licensing or permitting agency a certification from the State in which the discharge will originate.
- 402 (33 U.S.C. 1342)- National pollutant discharge
elimination system
-
One of the most critical parts of the CWA is the establishment of the National Pollutant
Discharge Elimination System which translates
standards into enforceable limitations. This program may be administered by the EPA or states under EPA-delegated authority.
After an opportunity for public hearing, a
permit may be issued for the point source discharge of any pollutant, or combination of pollutants.
- 404 (33 U.S.C. 1344)- Permits for dredged or fill material
-
This is the major wetlands provision of the CWA, and largely, in environmental law. The basic gist of this section is that a
permit is required from the U.S. Army Corps of
Engineers for the disposal of dredged or filled materials into navigable waters , notably
wetlands, with EPA concurrence, and notice and opportunity for public hearings.
- 505 (33 U.S.C. 1365)- Citizen suits
-
Any citizen is given the right to file suit against any person in violation of an effluent
standard or against EPA for failure to perform nondiscretionary duties.
Pertinent Regulations
- 33 CFR Part 320- General Regulatory Policies, Army Corps of Engineers
The Corps issues permits under several different acts, the CWA being only one of them. The Corps must issue permits for discharges
to insure that they comply with the applicable limitations and WQS. Section 320.4
describes the general policies that the Corps will follow in reviewing all Department of the Army permits. Such permits are to
consider public interest, effect on wetlands, fish and wildlife, water quality, property ownership,
energy conservation, navigation, environmental benefits, and economics, among other things. The pertains particularly to dredge and
fill permits covered under 404 of the CWA.
- 33 CFR Part 323, Permits for Discharges of Dredged or Fill Material into Waters of the United States, Army Corps of Engineers
Contains definitions and special policies, practices and procedures to be followed by the Corps in connection with review of permit
applications for the discharge of dredged or fill materials under 404 of CWA. Permits issued under
404 are required for the discharge of dredged or fill materials not exempted by 323.4 of this part or permitted by 33 CFR Part 330.
Please refer to 323.4 for a detailed listing of exemptions.
- 33 CFR Part 325- Processing of Department of the Army Permits, Army Corps of Engineers
Contains general processing procedures for all Department of the Army permits. Attention is given to dredge and fill activities
in 325.1(d)(3) & (4). Federal agencies that initiate or authorize proposed actions that include
dredge or fill discharge operations must ensure that the appropriate permits are obtained. In states with approved programs, permit
application is done through the appropriate State agency.
- 40 CFR Part 110- Discharge of Oil,
EPA
This section reiterates the mandate of 311(b)(3) of the CWA. It generally prohibits the discharge of oil into navigable waters in such
quantities as may be harmful.
- 40 CFR Part 112 - Oil Pollution Prevention, EPA
This requires that owners or operators of non-transportation related onshore and offshore facilities engaged in any type of oil and gas
operation prepare a Spill Prevention Control and Countermeasure Plan, and provide guidelines for preparation of the plan. Such a
plan may be required of an applicant for USGS approval of any oil and gas activities.
- 40 CFR Part 122 - EPA Administered Permit Programs:
The National Discharge Elimination System, EPA
Contains definitions and basic permitting requirements for EPA-administered NPDES programs under 318, 402, and 405 of the CWA.
Permit applications and special NPDES program requirements are discussed in Subpart B. This is followed by permit conditions in
subpart C. Subpart D covers the transfer,
modification, revocation and reissuance, and termination of permits. Federal agencies that initiate or authorize proposed actions that
include point source operations must ensure that the appropriate permits are obtained.
In states with approved programs, permit application is done through the appropriate State agency.
- 40 CFR Part 123 - State Program Requirements,
EPA
Describes the general requirements and additional requirements for states and
the EPA to obtain and give approval, revision, and withdrawal of state NPDES programs. State program information shall be made
available to EPA upon request.
EPA also has the right to review proposed general permits for 90 days.
- 40 CFR Part 125 - Criteria and Standards for
the National Pollutant Discharge Elimination System, EPA
This section prescribes criteria and standards for various requirements imposed as conditions for NPDES permit approval. Some of
the criteria expanded upon are those presented for the imposition of technology-based
treatment requirements in permits as given under 301(b) and 402(a)(1), those for modifying secondary treatment requirements
under 301(h), those for Best Management Practices authorized under 304(e), and those applying
to ocean dumping, in Subparts A, G, K, & M, respectively.
- 40 CFR Part 129 - Toxic Pollutant Effluent
Standards, EPA
This section designates toxic pollutant effluent standards and applies to owners or operators of
specified facilities discharging into navigable waters. Section 129.4 listed the pollutants to be
regulated. Each owner/operator is given 60 days to notify the Regional Administrator of any listed pollutant that is discharged. Much
of the regulation gives specific information on each of the toxic pollutants.
- 40 CFR Part 130 - Water Quality Planning and
Management, EPA
Section 303 of the CWA gives the authority for promulgation of water quality standards (WQS) by states. Here, policies are established
for water quality planning, management, and implementations of 303. The Water Quality Management process from the CWA provides the
authority for a "consistent national approach for maintaining, improving and protecting water quality while allowing States
to implement the most effective individual programs". After WQS are set by each state, implementation of the standards may
be achieved by issuing permits, building publicly-owned treatment works, or instituting Best
Management Practices (BMP) through a water quality management plan. Total maximum daily loads (TMDL) and individual water
quality-based effluent limitations are discussed in 130.7. States are required to submit water quality reports to the Regional
Administrator in accordance with 305(b) of the CWA ( 130.8). Final points of the regulation cover state submittals to EPA and
program management.
- 40 CFR Part 131 - Water Quality Standards, EPA
While Part 130 of this title works with water quality management, this section deals with water quality standards (WQS). It is stated
that a WQS defines the water quality goals of a water body by designating the uses to be made of the water and by setting criteria
necessary to protect the uses. WQS should be set to provide for the protection of fish, shellfish, wildlife, water recreation, and
the use and value of public water supplies, agricultural, industrial, and other purposes. The procedures are presented for developing,
reviewing, revising and approving WQS by the states and EPA. In 131.12, states are ordered to develop statewide antidegradation
policies. WQS shall be reviews at least every three years by the states.
- 40 CFR Part 230 - Section 404 (b)(1) Guidelines
for Specification of Disposal Sites for Dredged or Fill Material, EPA
These guidelines were written to restore and maintain the chemical, physical, and biological integrity of the U.S. through the control of
discharges of dredged or fill material, with the guiding principle that degradation of sites may represent an irreversible loss of
valuable aquatic resources. In Subpart B, it is stated that "no discharge of dredged or fill material shall be permitted if
there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem".
The permitting authority must determine the potential effects of dredging or filling activities on the components of the aquatic
environment.
- 40 CFR Part 231 - Section 404(c) Procedures, EPA
Contains procedures for EPA in exercising its authority to veto the specification by the Army Corps of Engineers or by a State of a
disposal site for a 404 permit.
- 40 CFR Parts 401-471- Effluent Guidelines and Standards, EPA
Prescribes effluent limitations and pretreatment and performance standards, categorized by industries, that must be complied with as
conditions for NPDES permit approval. Part 401 gives general
provisions and Part 403 covers general pretreatment
regulations for existing and new pollution sources. The remaining parts are industry-specific. Of particular interest to the USGS are:
- 40 CFR Part 434- Coal Mining Point
Source Category
- 40 CFR Part 435- Offshore Segment of
the Oil and Gas Extraction Point Source Category
- 40 CFR Part 436- Mineral Mining and
Processing Point Source Category
- 40 CFR Part 440- Ore Mining and
Dressing Point Source Category
- 518 DM 1- Comprehensive Waste Management, Department of the Interior
This chapter defines waste to include solid and hazardous waste, hazardous materials, and hazardous substances. Departmental policies,
responsibilities, and functions regarding waste management are presented, with an aim towards prevention of hazardous waste
generation. The use of sound waste management practices is mandated.
Purpose
In 1974, the Safe Drinking Water Act (SDWA) was enacted with the general intent to
protect the quality of drinking water the public receives from public water systems. To accomplish this,
the SDWA focuses on two approaches. The first is to assure the quality of drinking water coming from the tap. The other approach is to prevent
the contamination of groundwater that may be a source for drinking water.
Major Provisions by Section
- § 1412 (42 U.S.C. 300g-1)- National drinking water regulations
-
The EPA is required to promulgate national drinking water regulations, known as Maximum Contaminant Level Goals (MCLGs) and Maximum Contaminant Levels (MCLs) for public water systems. These standards specify minimum levels of drinking water quality and are to be issued for any contaminant that is known or anticipated to have any adverse effect on health.
- § 1413 (42 U.S.C. 300g-2)- State primary enforcement responsibility; regulations; notice of hearing; publication in Federal Register; applications
-
States are given the authorization to assume primary enforcement of the Act.
- § 1415-1416 (42 U.S.C. 300g-4 & 5)- Variances - Exemptions
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The conditions are offered in which states may issue variances and exemptions.
-
- § 1417 (42 U.S.C. 300g-6)- Prohibition on use of lead pipes,
solder, or flux.
-
Any use of lead in pipes, solder, or flux in public water systems where the water is intended for human consumption is prohibited.
- § 1422 (42 U.S.C. 300h-1)- State primary enforcement
responsibility
-
This section requires the establishment of state underground injection control programs so as to protect current and potential
underground sources of drinking water from contamination.
- § 1424 (42 U.S.C. 300h-3)- Interim regulation of underground
injections.
-
This declares that Federal agencies shall make no commitment of Federal assistance to actions that will contaminate an aquifer
designated as the sole or principal drinking-water source for an area which, if contaminated, would create a significant hazard to the
public health.
- § 1428 (42 U.S.C. 300h-7)- State programs to establish
wellhead protection area.
-
States are given the authority to develop wellhead protection programs that address the kinds of activities that might be conducted
in proximity to wells, particularly seeking to limit activities that might pose threats to the well fields.
- § 1431 (42 U.S.C. 300i)- Emergency powers.
-
If there is an imminent and substantial endangerment to public health through drinking water, EPA is given emergency powers to act against
contamination.
- § 1445 (42 U.S.C. 300j-4)- Records and inspection.
-
The EPA is to promulgate regulations requiring drinking water monitoring. This section also mandates that EPA establish record keeping
requirements.
- § 1448 (42 U.S.C. 300j-7)- Judicial review.
-
The D.C. Circuit is given the jurisdiction of judicial review of national primary drinking water regulations. The U.C. Courts of
Appeal are given jurisdiction for any other EPA action when the petitioner resides or transacts business in that particular region.
- § 1449 (42 U.S.C. 300j-8)- Citizen's civil action.
-
This section gives citizens the right to file suit to enforce any mandatory provisions of the SDWA.
- Part F- Additional Requirements to Regulate the Safety of Drinking Water
- § 1461-1465 (42 U.S.C. 300j-21 to 26)
-
These particular sections codify the Lead Contamination Act of 1988. This requires that any lead-lined tanks of drinking water coolers
be recalled.
Pertinent Regulations
- 40 CFR Part 141- National Primary Drinking Water
Regulations, EPA.
One of the most significant provisions of the SDWA is the establishment of National Primary Drinking Water Regulations. The regulations
are given life here, with the establishment of maximum contaminant levels (MCLs) for inorganic and organic
constituents, Subpart B and maximum
contaminant level goals (MCLGs), Subpart F. Much attention is
given to the monitoring and analytical requirements for the regulated water quality
parameters, Subpart C. Filtration and disinfection
are given much the same kind of thorough treatment. Also included are sections covering control of lead and copper, muse of
non-centralized treatment devices and treatment techniques.
- 40 CFR Part 142- National Primary Drinking Water
Regulations Implementation, EPA.
With only a few exceptions, this part applies to the public water system in each state. States are given primary enforcement
responsibility, given that the state has an EPA-approved program. If a state wishes to revise its program, it may do so if it follows
the requirements given in 142.12. All states with enforcement responsibility are required to submit to the EPA Administrator a report
containing various components dealing with national primary drinking water regulations. Variances and exemptions to the primary regulations
may be granted by either the states of the Administrator. Another section (142.60) discusses best available technologies for a list of
contaminants as they pertain to national primary drinking water regulations.
- 40 CFR Part 143- National Secondary Drinking Water
Regulations, EPA.
While Part 141 of this title is concerned with primary drinking water regulations, this part deals with national secondary drinking water
regulations. Secondary regulations control contaminants that primarily affect the aesthetic qualities of drinking water. Levels are given
for selected contaminants and it is explained that states may establish higher or lower levels depending on special conditions with that
state, given that public health and welfare are not adversely affected. Section 143.4 gives monitoring requirements, stating that
monitoring should occur no less frequently than the schedule used for the National Interim Primary Drinking Water Regulations.
- 40 CFR Part 144- Underground Injection Control
Program, EPA.
This regulation stems from Part C of the SDWA which allows for the establishment of an Underground Injection Control (UIC)
program in each state. General program requirements are given in Subpart B. These requirements address prohibition of unauthorized
injection, prohibition of movement of fluid into underground sources of drinking water, prohibition of Class IV wells and requirements
for wells injecting hazardous waste. In 144.16 of this subpart, direction is given for cases when injection does not occur into,
through, or above an underground source of drinking water. Subpart C takes a look at authorization of underground injection by
rule where each class of wells is given particular authorization requirements. Authorization is also available by permit, and
this is the topic of Subpart D. Going hand-in-hand with Subpart D is Subpart E, which discusses permit conditions. Finally, in
Subpart F, financial responsibility for hazardous waste injection wells is described.
- 40 CFR Part 146- Underground Injection Control Program:
Criteria and Standards, EPA.
By working closely with Part 144 of this title, this part sets forth the technical criteria and standards for the Underground Injection
Control Programs. Criteria are given for exempted aquifers, which include aquifers used as an "underground source of drinking water".
Injection wells are then classified as Class I -V, based on the material injected. The following subparts (B- G) then outline, in detail, the
criteria for each class of injection wells.
- 40 CFR Part 149- Sole Source Aquifers, EPA.
Pursuant to 1427 of the SDWA, this regulation was written to provide criteria for identifying critical aquifer protection areas.
Section 149.3 refers to a Critical Aquifer Protection Area as one which was designated as a sole or principal source aquifer prior to June 19,
1986 for which an area wide ground-water quality protection plan was approved. The second definition entails major recharge areas of a sole or
principal source aquifer designated before June 19, 1988. Edwards Underground Reservoir, of the San Antonio area, is given attention in
Subpart B.
- Environmental Statement Memorandum No. ESM94-5- Environmental Impacts on Groundwater, Department of
Interior.
Implements CEQ memorandum issued on November 19, 1976, concerning 1424(e) of the Safe Drinking Water Act. EISs will analyze
impacts on the quantity and quality of ground water with specific emphasis on drinking-water sources. For proposed actions which may
affect ground water, early consultation is to be initiated with the appropriate District Hydrologist, Water Resources Division (WRD).
If it is possible that the proposed action may affect an aquifer which has been designated or is being petitioned for designation for
special protection, early consultation should be initiated with the Regional EPA Administrator.
- 516 DM 2 Appendix 2 (2.2), Department of Interior.
Environmental documents (EA, EIS, FONSI) must be prepared for actions which may adversely affect such unique geographic
characteristics as sole or principal source drinking-water aquifers.
- 518 DM 1- Comprehensive Waste Management, Department of the Interior.
This chapter defines waste to include solid and hazardous waste, hazardous materials, and hazardous substances. Departmental
policies, responsibilities, and functions regarding waste management are presented, with an aim towards prevention of hazardous waste
generation. The use of sound waste management practices is mandated.
- Best Management Practices (BMP)-
- schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or
reduce the pollution of "waters of the United States". (40 CFR Part 122.2)
- Contaminant-
- any physical, chemical, biological, or radiological substance or matter in water.(SDWA, 1401(6))
- Discharge of a pollutant-
- any addition of any pollutant to navigable waters from any point source. (CWA, 502(12)(A))
- Exemption-
- a document for water systems having technical and financial difficulty meeting national primary drinking water regulations
effective for one year granted by EPA "due to compelling factors".
- Maximum Contaminant Level (MCL)-
- the maximum permissible level of a contaminant in water which is delivered to any user of a public water system. (SDWA, 1401(3))
- Maximum Contaminant Level Goal (MCLG)-
- the level at which no known or anticipated adverse effects on the health of persons occur and which allows an adequate
margin of safety.
- National Pollutant Discharge Elimination System (NPDES)-
- the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits,
and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of CWA. (40 CFR Part 122.2)
- Navigable waters-
- waters of the United States, including the territorial seas. (CWA, 502(7))
- Person-
- an individual, corporation, partnership, association, state, municipality, commission, or political subdivision
of a State, or any interstate body. (CWA, 502(5))
- Point source-
- any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel, or other
floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater
discharges and return flows from irrigated agriculture. (CWA, 502(14))
- Pollutant-
- dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954),
heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste
discharged into water. It does not mean: (a) sewage from vessels; or (b) water, gas, or other material which is
injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas
production and disposed of in a well, if the well used either to facilitate production or for disposal purposes
is approved by authority of the State in which the well is located, and if the State determines that the injection
or disposal will not result in the degradation of ground or surface water sources. (CWA, 502(6))
- Public water system-
- a system for the provision to the public of piped water for human consumption, if such system has at least
fifteen service connections or regularly serves at least twenty-five individuals. (SDWA, 1401(4))
- Publicly owned treatment works (POTW)-
- any device or system used in the treatment of municipal sewage or industrial wastes of a liquid nature which
is owned by a "State" or "municipality". This definition includes sewer, pipes, or other
conveyances only if they convey wastewater to a POTW providing treatment. (40 CFR Part 122.2)
- Recharge zone-
- the area through which water enters a sole or principal source aquifer.
- Significant hazard to public health-
- any level of contaminant which causes or may cause the aquifer to exceed any maximum contaminant
level set forth in any promulgated National Primary Drinking Water Standard at any point where the water
may be used for drinking purposes or which may otherwise adversely affect the health of persons, or which
may require a public water system to install additional treatment to prevent such adverse effect.
- Sole or principal source aquifer-
- an aquifer which supplies 50 percent or more of the drinking water for an area.
- Streamflow source zone-
- the upstream headwaters area which drains into an aquifer recharge zone.
- Toxic pollutants-
- those pollutants...which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism...,will,
on the basis of the information available to the Administrator, cause death, disease, behavioral abnormalities, cancer, genetic
mutations, physiological malfunctions or physical deformations, in such organisms or their offspring. (CWA, 502(13))
- Variance-
- a document for water systems having technical and financial difficulty meeting national primary drinking water regulations
which postpones compliance when the issuing of which "will not result in an unreasonable risk to health".
- Waters of the United States-
- a) all waters which are currently used, were used in the past, or may be susceptible to use in interstate or
foreign commerce, including all waters which are subject to the ebb and flow of the tide; b) all interstate waters,
including interstate "wetlands"; c) all other waters such as interstate lakes, rivers, streams..., mudflats,
sandflats, "wetlands", sloughs, prarie potholes, wet meadows, playa lakes, or natural ponds the use, degradation,
or destruction of which would affect...interstate or foreign commerce...(40 CFR Part 122.2)
- Wetlands-
- those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient
to support...a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas. (40 CFR Part 122.2)
- Clean Water Act
-
NPDES permits are required for the discharge of pollutants from any point source into waters of the U.S. [40 CFR 122.51(c)]
- Section 404 permits are required for the discharge of dredged or fill material into waters of the U.S. (33 CFR 323.3)
- Safe Drinking Water Act
-
Any action which may result in degradation of groundwater quality and/or pose a hazard to public health.
- Clean Water Act
-
The procedures for determination of potential water quality impact from USGS activities and the need for various permits are
extremely complicated and require close coordination with the Environmental Affairs Office, USGS, with regional offices of the EPA
and the Army Corps of Engineers, and with state water pollution control agencies.
- Safe Drinking Water Act (Consult ESM 94-5 for details)
- In all cases where a project may involve ground water, one or more aquifers, or a recharge area, consultation with the appropriate
District Hydrologist, WRD, should be initiated early in the planning stages.
- Where a project may have any possibility of direct or indirect contamination of a sole or
principal source aquifer, a recharge zone for such an aquifer, or a related
streamflow source zone that has been designated or for which a petition for designation
is being processed, early consultation should be initiated with the Regional Administrator, EPA.
- If a project-related ground water impact is possible, an environmental assessment should be prepared.
If an EIS is to be prepared, a copy of the Notice of Intent should be sent to the appropriate EPA Regional Administrator and he/she
should review the draft EIS.
- Final plans for projects having a potential for adverse impacts should incorporate appropriate mitigation measures.
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