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NPDES Frequently Asked QuestionsThe following is a list of all NPDES Frequently Asked Questions:
The Clean Water Act prohibits anybody from discharging "pollutants" through a "point source" into a "water of the United States" unless they have an NPDES permit. The permit will contain limits on what you can discharge, monitoring and reporting requirements, and other provisions to ensure that the discharge does not hurt water quality or people's health. In essence, the permit translates general requirements of the Clean Water Act into specific provisions tailored to the operations of each person discharging pollutants.
The term point source is also defined very broadly in the Clean Water Act because it has been through 25 years of litigation. It means any discernible, confined and discrete conveyance, such as a pipe, ditch, channel, tunnel, conduit, discrete fissure, or container. It also includes vessels or other floating craft from which pollutants are or may be discharged. By law, the term "point source" also includes concentrated animal feeding operations, which are places where animals are confined and fed. By law, agricultural stormwater discharges and return flows from irrigated agriculture are not "point sources".
What is a water of the United States? The term water of the United States" is also defined very broadly in the Clean Water Act and after 25 years of litigation. It means navigable waters, tributaries to navigable waters, interstate waters, the oceans out to 200 miles, and intrastate waters which are used: by interstate travelers for recreation or other purposes, as a source of fish or shellfish sold in interstate commerce, or for industrial purposes by industries engaged in interstate commerce.
The term pollutant is defined very broadly in the Clean Water Act because it has been through 25 years of litigation. It includes any type of industrial, municipal, and agricultural waste discharged into water. Some examples are dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste. By law, a pollutant is not sewage or discharges incidental to the normal operation of an Armed Forces vessel, or water, gas, or other material injected into an oil and gas production well.
It depends on where you discharge pollutants. If you discharge from a point source into the waters of the United States, you need an NPDES permit. If you discharge pollutants into a municipal sanitary sewer system, you do not need an NPDES permit, but you should ask the municipality about their permit requirements. If you discharge pollutants into a municipal storm sewer system, you may need a permit depending on what you discharge. You should ask the NPDES permitting authority.
Where do I apply for a NPDES permit? NPDES permits are issued by states that have obtained EPA approval to issue permits or by EPA Regions in states without such approval. The following map illustrates the states with full, partial, and no NPDES Authority. This file in PDF format provides the status of state NPDES Programs.
How do NPDES permits protect water? An NPDES permit will generally specify an acceptable level of a pollutant or pollutant parameter in a discharge (for example, a certain level of bacteria). The permittee may choose which technologies to use to achieve that level. Some permits, however, do contain certain generic 'best management practices' (such as installing a screen over the pipe to keep debris out of the waterway). NPDES permits make sure that a state's mandatory standards for clean water and the federal minimums are being met.
Can the general public participate in NPDES permitting decisions? Yes. The NPDES administrative procedures require that the public be notified and allowed to comment on NPDES permit applications. When EPA authorizes a state to issue NPDES permits, EPA requires that the state provide the public with this same access.
How are the conditions in NPDES permits enforced by EPA and the states?
There are various methods used to monitor NPDES permit conditions. The permit will require the facility to sample its discharges and notify EPA and the state regulatory agency of these results. In addition, the permit will require the facility to notify EPA and the state regulatory agency when the facility determines it is not in compliance with the requirements of a permit. EPA and state regulatory agencies also will send inspectors to companies in order to determine if they are in compliance with the conditions imposed under their permits. Federal laws provide EPA and authorized state regulatory agencies with various methods of taking enforcement actions against violators of permit requirements. For example, EPA and state regulatory agencies may issue administrative orders which require facilities to correct violations and that assess monetary penalties. The laws also allow EPA and state agencies to pursue civil and criminal actions that may include mandatory injunctions or penalties, as well as jail sentences for persons found willfully violating requirements and endangering the health and welfare of the public or environment. Equally important is how the general public can enforce permit conditions. The facility monitoring reports are public documents, and the general public can review them. If any member of the general public finds that a facility is violating its NPDES permit, that member can independently start a legal action, unless EPA or the state regulatory agency has taken an enforcement action.
What is the NPDES Permit Backlog? The Clean Water Act specifies that NPDES permits may not be issued for a term longer than five years. Permittees that wish to continue discharging beyond the five year term must submit a complete application for permit renewal at least 180 days prior to the expiration date of their permit. If the permitting authority receives a complete application, but does not reissue the permit prior to the expiration date, the permit may be "administratively continued. "Permits that have been administratively continued beyond their expiration date are considered to be "backlogged." Where information is available, facilities awaiting their first NPDES permits are also considered part of the NPDES permit backlog.
What are the Current Backlog Rates?
The chart on the left shows the current NPDES permit issuance and backlog rates. As of July 31, 2000, 68 percent of NPDES permits are current. This represents an improvement of 13 percent from the backlog measured in November 1998 (54 percent). Over the last 22 months EPA Headquarters has provided assistance to states and EPA Regions to clean up invalid records in PCS. Other states were encouraged to improve PCS on their own initiative. This effort has been very successful. Since the EPA and states began focusing on cleaning up PCS data, the overall universe of permittees in PCS has declined 18 percent. Records in PCS that were listed as not having a permit expiration date have been reduced by 56 percent. Now, EPA is able to more accurately track the backlog of facilities with individual permits on a national basis. EPA is now working with states and EPA Regions to better characterize facilities that are covered by non-stormwater and stormwater permits. While EPA is encouraged by the positive trends, permit issuance trends data compiled since November, 1998 continue to show that accelerated permit issuance rates are necessary to meet backlog reduction goals for many states. At the same time that states and EPA Regions are being encouraged to accelerate permit issuance rates, EPA HQ is examining ways to improve the quality of NPDES permits and bring about changes in policy to improve the permit issuance process.
What are the Backlog Reduction Goals?
The goals established by EPA acknowledge some minimal backlog levels, but strive to keep permit issuance at an acceptable rate. Because backlog reduction, the NPDES program's long-term viability, and protection of human health and the environment are inherently linked, EPA has established the following quantitative targets for reducing the backlog:
Is it legal to have wastewater coming out of a pipe into my local receiving water (e.g., lake, stream, river, wetland)? As long as the wastewater being discharged is covered by and in compliance with an NPDES permit, there are enough controls in place to make sure the discharge is safe and that humans and aquatic life are being protected. To find out if a discharge is covered by an NPDES permit, call the EPA Regional office or the state office responsible for issuing NPDES permits.
Is there any information available to me on permits in my area? Yes, there is a national system that provides certain permitting information called the Permits Compliance System (PCS). You can find out more about your local watershed through EPA's "Surf Your Watershed".
Typically, how long are NPDES permits effective? The Clean Water Act limits the length of NPDES permits to five years. NPDES permits can be renewed (reissued) at any time after the permit holder applies. In addition, NPDES permits can be administratively extended if the facility reapplies more than 180 days before the permit expires, and EPA or the state regulatory agency, which ever issued the original permit, agrees to extend the permit.
What is the National Pollutant Discharge Elimination System (NPDES) Stormwater Program?
Polluted stormwater runoff is a leading cause of impairment to the nearly 40 percent of surveyed U.S. water bodies which do not meet water quality standards. Over land or via storm sewer systems, polluted runoff is discharged, often untreated, directly into local water bodies. When left uncontrolled, this water pollution can result in the destruction of fish, wildlife, and aquatic life habitats; a loss in aesthetic value; and threats to public health due to contaminated food, drinking water supplies, and recreational waterways. Mandated by Congress under the Clean Water Act, the NPDES Stormwater Program is a comprehensive two-phased national program for addressing the non-agricultural sources of stormwater discharges which adversely affect the quality of our nation's waters. The program uses the National Pollutant Discharge Elimination System (NPDES) permitting mechanism to require the implementation of controls designed to prevent harmful pollutants from being washed by stormwater runoff into local water bodies.
What is required of regulated entities under the NPDES Stormwater Program? The regulated entities must obtain coverage under an NPDES stormwater permit and implement stormwater pollution prevention plans (SWPPPs) or stormwater management programs (both using best management practices (BMPs)) that effectively reduce or prevent the discharge of pollutants into receiving waters.
Whom should entities regulated under the NPDES Stormwater Program contact to obtain permit coverage? Regulated entities should contact their NPDES permitting authority, which will be either their state or EPA Regional Office, depending on the type of entity and its location. For regulated entities located in areas where EPA is the NPDES permitting authority, all information and forms needed to obtain permit coverage are available through visiting any one of the three regulated stakeholder areas (MS4s, industrial activity, construction activity) or the Resources section of this web site.
What kinds of stormwater discharges are required to have NPDES stormwater permit coverage? The NPDES stormwater permit regulations, promulgated by EPA, cover the following classes of stormwater discharges on a nationwide basis:
Construction: Who must seek permit Coverage Under an EPA construction General Permit? See Stormwater Phase II Final Rule-Small Construction Program Overview (Fact Sheet 3.0) for more information on both the small and large construction programs.
Construction: What types of construction activities are regulated under the construction stormwater permit program? All construction activities 1 acre or larger must obtain permit coverage. Construction activities less than 1 acre must also obtain coverage if they are part of a larger common plan of development or sale that totals at least 1 acre. Small construction activities, i.e., less than 5 acres, may qualify for a waiver. For more information on the waiver see http://cfpub.epa.gov/npdes/stormwater/waiver.cfm.
Construction: Is the oil and gas industry required to apply for construction stormwater permit coverage? Oil and gas industry construction activities that disturb more than five acres of land are required to apply for permit coverage. EPA has postponed until March 10, 2005, the permit application date for oil and gas construction activity that disturbs one of five acres, i.e., those covered under the Phase II rule. State permitting authorities may require small oil and gas construction activities to obtain permit coverage immediately.
Construction: Who is responsible for applying for a construction stormwater permit? The operator is responsible for applying for the permit as required by 40 CFR 122.21(b). The operator is the person who has operational control over construction plans and specifications, and/or the person who has day-to-day supervision and control of activities occurring at a construction site. In some cases, the operator may be the owner or the developer, in other cases the operator may be the general contractor, in some cases both entities will be considered operators. Some States require a single entity, usually the land owner or easement holder, to be the permittee for a given construction project. Other States and EPA require all relevant entities to obtain permit coverage, as co-permittees, for a given construction project. Contact your permitting authority for clarification on who must apply.
Construction: What is meant by a "larger common plan of development or sale?" A "larger common plan of development or sale" is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. For example, if a developer buys a 20-acre lot and builds roads, installs pipes, and runs electricity with the intention of constructing homes or other structures sometime in the future, this would be considered a larger common plan of development or sale. If the land is parceled off or sold, and construction occurs on plots that are less than one acre by separate, independent builders, this activity still would be subject to stormwater permitting requirements if the smaller plots were included on the original site plan. The larger common plan of development or sale also applies to other types of land development such as industrial parks or well fields. A permit is required if 1 or more acres of land will be disturbed, regardless of the size of any of the individually-owned or developed sites.
Construction: What is the purpose of the 7-day review period for the construction Notice of Intent (NOI)? EPA will not authorize coverage under the Construction General Permit (CGP) until 7 days after the NOI has been received by the NOI Center. The 7-day review period is for the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the Services) to review the project for potential impacts to threatened or endangered species or critical habitat, per the Endangered Species Act. If one of the Services notes a potential impact, it will notify EPA, who will delay authorization until the Service and the construction site operator can resolve the concern. If the Services note no problems during the 7-days review period, CGP authorization will be automatically granted at the end of the 7th day. For more information on determining eligibility with respect to the Endangered Species Act, please see http://cfpub.epa.gov/npdes/stormwater/esa.cfm.
Construction: What waivers are available for Stormwater Phase II construction activity?
Under the Stormwater Phase II Rule, NPDES permitting authorities have the option of providing a waiver from the requirements to operators of "small" construction activity who could certify to one of two conditions:
Note: Waivers are not available for any construction activity disturbing 5 acres or greater, or less than 5 acres if part of a common plan of development or sale (or if designated for permit coverage by the NPDES permitting authority). See the Stormwater Construction General Permit page for more information on waivers.
Construction: How does a stormwater permitted construction operator terminate coverage? A Notice of Termination (NOT) for Industrial Activity (which includes construction and is the same form for all three of EPA's CGPs) must be submitted to EPA's NOI Processing Center (address identified on the NOT form) in order to terminate coverage. A permittee may submit an NOT when:
MS4: What is a Municipal Separate Storm Sewer System (MS4)?
The regulatory definition of an MS4 (40 CFR 122.26(b)(8)) is "a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created to or pursuant to state law) including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act that discharges into waters of the United States. (ii) Designed or used for collecting or conveying stormwater; (iii) Which is not a combined sewer; and (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2." In practical terms, operators of MS4s can include municipalities and local sewer districts, state and federal departments of transportation, public universities, public hospitals, military bases, and correctional facilities. The Stormwater Phase II Rule added federal systems, such as military bases and correctional facilities by including them in the definition of small MS4s.
MS4: Which MS4s are regulated by the NPDES Stormwater Program?
For regulatory purposes, EPA's NPDES Stormwater Program regulates "medium," "large," and "regulated small MS4s." A medium MS4 is a system that is located in an incorporated place or county with a population between 100,000 - 249,999. A large MS4 is a system that is located in an incorporated place or county with a population of 250,000 or more. In addition, some MS4s that serve a population below 100,000 have been brought into the Phase I program by an NPDES permitting authority and are treated as medium or large MS4s, independent of the size of the population served. A regulated small MS4 is any small MS4 located in an "urbanized area" (UA), as defined by the Bureau of the Census, or located outside of a UA and brought into the program by the NPDES permitting authority.
MS4: What is an Urbanized Area (UA)?
UAs constitute the largest and most dense areas of settlement. UA calculations delineate boundaries around these dense areas of settlement and, in doing so, identify the areas of concentrated development. UA designations are used for several purposes in both the public and private sectors. For example, the federal government has used UAs to calculate allocations for transportation funding, and planning agencies and developers use UA boundaries to help ascertain current, and predict future, growth areas. The Bureau of the Census determines UAs by applying a detailed set of published UA criteria (see 55 FR 42592, October 22, 1990) to the latest decennial Census data. Although the full UA definition is complex, the Bureau of the Census' general definition of a UA, based on population and population density, is provided below. An urbanized area is a land area comprising one or more places -- central place(s) -- and the adjacent densely settled surrounding area -- urban fringe -- that together have a residential population of at least 50,000 and an overall population density of at least 1,000 people per square mile. Note: The Bureau of the Census proposed a change in the definition of an urbanized area (see 66 FR 17018, March 28, 2001). A summary of the differences between the Census 1990 UA criteria and the 2000 UA criteria can be viewed at the Census Bureau website
MS4: Is a permit required for regulated MS4s? Yes. A National Pollutant Discharge Elimination System (NPDES) permit must be obtained by the operator of an MS4 covered by the NPDES Stormwater Program.
MS4: Does a particular MS4 lie within an urbanized area? For more information about UAs and how to determine if your MS4 is in a UA, see Stormwater Urbanized Area Maps.
Industrial: To which industrial facilities does the Stormwater Multi-Sector General Permit (MSGP) apply? Operators of industrial facilities requiring an NPDES Stormwater Permit are eligible to obtain coverage under the MSGP if their activities are included within one of 29 industrial sectors AND the facility is located in an area where EPA is the NPDES permitting authority. Where an authorized state is the permitting authority, operators of regulated industrial operations should apply to the state for industrial stormwater permit coverage.
Industrial: How does an industrial facility operator determine whether they need to obtain an NPDES Stormwater Permit?
Step 1. Determine whether the facility or site discharges to a municipal separate storm sewer system (MS4) or to waters of the United States. If it discharges to one or both, proceed to Step 2, otherwise no permit is needed. Step 2. Determine if the facility's industrial activities are listed among the eleven Categories of Industrial Activities, provided in the federal regulations at 40 CFR 122.26(b)(14) or it the facility's SIC code falls within one of the sector/subsectors identified. If its activities are listed, proceed to Step 3, otherwise no permit is needed. Step 3. Determine if the listed facility or site may qualify for the "no exposure" exclusion under the federal regulations at 40 CFR 122.26(g).
Industrial: How does a permitted stormwater facility operator terminate coverage? A Notice of Termination (NOT) form for Industrial Activity must be submitted to EPA's NOI Processing Center (address identified on the NOT form) in order to terminate coverage. Permittees may submit an NOT when their facility no longer has any stormwater discharges associated with industrial activity as defined at 40 CFR 122.26(b)(14), or when they are no longer the operator of the facility.
What are CSOs, and why are they important? Combined sewer overflows, or CSOs, are remnants of the country's early infrastructure. In the past, communities built sewer systems to collect both stormwater runoff and sanitary sewage in the same pipe. During dry weather, these "combined sewer systems" transport wastewater directly to the sewage treatment plant. In periods of rainfall or snowmelt, however, the wastewater volume in a combined sewer system can exceed the capacity of the sewer system or treatment plant. For this reason, combined sewer systems are designed to overflow occasionally and discharge excess wastewater directly to nearby streams, rivers, lakes, or estuaries. Combined sewer overflows (CSOs) contain not only stormwater but also untreated human and industrial waste, toxic materials, and debris. This is a major water pollution concern for cities with combined sewer systems. CSOs are among the major sources responsible for beach closings, shellfishing restrictions, and other water body impairments.
Where are the cities with CSO problems? Combined sewer systems serve roughly 772 communities with about 40 million people. Most communities with CSOs are located in the Northeast and Great Lakes Regions, particularly in Pennsylvania, Indiana, Ohio, Illinois, Michigan, New York, West Virginia, and Maine. Although large cities like New York, Philadelphia, and Atlanta have combined sewer systems, most communities with CSO problems have fewer than 10,000 people.
How does the CSO Control Policy address combined sewer overflows?
EPA's CSO Control Policy, published April 19, 1994, at 59 FR 18688, is the national framework for control of CSOs. The Policy provides guidance on how communities with combined sewer systems can meet Clean Water Act goals in as flexible and cost-effective a manner as possible. The Policy contains four fundamental principles to ensure that CSO controls are cost-effective and meet local environmental objectives:
The first milestone under the CSO Policy was the January 1,1997, deadline for implementing minimum technology-based controls (the "nine minimum controls"). The nine minimum controls are measures that can reduce the prevalence and impacts of CSOs and that are not expected to require significant engineering studies or major construction. Communities with combined sewer systems are also expected to develop long-term CSO control plans that will ultimately provide for full compliance within the Clean Water Act, including attainment of water quality standards.
What is the National Pretreatment Program?
The National Pretreatment Program is a cooperative effort of federal, state, and local regulatory environmental agencies established to protect water quality. The program is designed to reduce the level of pollutants discharged by industry and other non-domestic wastewater sources into municipal sewer systems, and thereby, reduce the amount of pollutants released into the environment through wastewater. The objectives of the program are to protect the Publicly Owned Treatment Works (POTW) from pollutants that may interfere with plant operation, to prevent pollutants that may pass through untreated from being introduced into the POTW, and to improve opportunities for the POTW to reuse wastewater and sludges that are generated. The term ""pretreatment"" refers to the requirement that nondomestic sources discharging wastewater to POTWs control their discharges, and meet limits established by EPA, the state or local authority on the amount of pollutants allowed to be discharged. The control of the pollutants may necessitate treatment prior to discharge to the POTW (therefore the term ""pretreatment""). Limits may be met by the nondomestic source through pollution prevention techniques (product substitution recycle and reuse of materials) or treatment of the wastewater. Program objectives are:
There are more than 1500 publicly owned treatment works that are required to implement local Pretreatment programs. By reducing the level of pollutants discharged by industry into municipal sewage systems, the program ensures the protection of America's multi-billion dollar public investment in treatment infrastructure.
Under what Statutory Authority is the Pretreatment Program Administered? The National Pretreatment Program's authority comes from section 307 of the Federal Water Pollution Control Act (more commonly referred to as the Clean Water Act). The federal government's role in pretreatment began with the passage of the Clean Water Act in 1972. The Act called for EPA to develop national pretreatment standards to control industrial discharges into sewerage systems.
Are there any prescribed National Standards for Pretreatment? There are two sets of standards: "categorical Pretreatment Standards" and "Prohibited Discharge Standards." These are uniform national requirements which restrict the level of pollutants that may be discharged by nondomestic sources to sanitary sewer systems. All POTWs that are required to implement a Pretreatment Program must enforce the federal standards.
What are Categorical Pretreatment Standards? These are technology-based limitations on pollutant discharges to POTWs promulgated by EPA in accordance with Section 307 of the Clean Water Act that apply to specified process wastewaters of particular industrial categories [see 40 CFR 403.6 and 40 CFR Parts 405- 471]. Go to http://www.epa.gov/ost/guide/ and NPDES Regulations for more information.
What are Prohibited Discharge Standards? The Prohibited Discharge Standards are found in the regulations at 40 CFR 403.5. These are standards that prohibit the discharge of wastes that pass through or interfere with POTW operations (including sludge management). These are the general prohibitions. There are also specific prohibitions that prohibit the discharge from all nondomestic sources certain types of wastes that 1) create a fire or explosion hazard in the collection system or treatment plant, 2) are corrosive , including any discharge with a pH less than 5.0, unless the POTW is specifically designed to handle such wastes, 3) are solid or viscous pollutants in amounts that will obstruct the flow in the collection system and treatment plant, resulting in interference with operations, 4) any pollutant discharged in quantities sufficient to interfere with POTW operations, and 5) discharges with temperatures above 104 F (40 C) when they reach the treatment plant, or hot enough to interfere with biological processes.
When were the federal regulations governing pretreatment program requirements first promulgated and where can I find them? The General Pretreatment Regulations were originally published in 1978, and have been updated several times (the latest changes were made on October 14, 2005) and can be found in the Code of Federal Regulations in 40 CFR Part 403.
What are Sanitary Sewer Overflows? Sanitary Sewer Overflows (SSOs) are discharges of raw sewage from municipal sanitary sewer systems. SSOs can release untreated sewage into basements or out of manholes and onto city streets, playgrounds and into streams before it can reach a treatment facility. SSOs are often caused by blockages in sewer lines and breaks in the sewer lines.
EPA has found that SSOs caused by poor sewer collection system management pose a substantial health and environmental challenge. The response to this challenge varies considerably from state to state. Many municipalities have asked for national consistency in the way permits are considered for wastewater discharges, including SSOs, and in enforcement of the law prohibiting unpermitted discharges. In response, EPA has convened representatives of states, municipalities, health agencies, and environmental advocacy groups to advise the Agency on how to best meet this challenge. This SSO Federal Advisory Subcommittee examines the need for national consistency in permitting and enforcement, effective sewer operation and maintenance principles, public notification for SSOs with potential health or environmental dangers, and other public policy issues. EPA carefully considers the Subcommittee's recommendations for regulatory and nonregulatory actions to reduce SSOs nationally.
SSOs occasionally occur in almost every sewer system, even though systems are intended to collect and contain all the sewage that flows into them. When SSOs happen frequently, it means something is wrong with the system. Problems that can cause chronic SSOs include:
What health risks do SSOs present?
Because SSOs contain raw sewage they can carry bacteria, viruses, protozoa (parasitic organisms), helminths (intestinal worms), and borroughs (inhaled molds and fungi). The diseases they may cause range in severity from mild gastroenteritis (causing stomach cramps and diarrhea) to life-threatening ailments such as cholera, dysentery, infections hepatitis, and severe gastroenteritis. People can be exposed through:
What other damage can SSOs do?
SSOs also damage property and the environment. When basements flood, the damaged area must be thoroughly cleaned and disinfected to reduce the risk of disease. Cleanup can be expensive for homeowners and municipalities. Rugs, curtains, flooring, wallboard panels, and upholstered furniture usually must be replaced. A key concern with SSOs that enter oceans, bays, estuaries, rivers, lakes, streams, or brackish waters is their effect on water quality. When bodies of water cannot be used for drinking water, fishing, or recreation, society experiences an economic loss. Tourism and waterfront home values may fall. Fishing and shellfish harvesting may be restricted or halted. SSOs can also close beaches. One 1994 study claims that SSOs closed beaches across the nation that year for a total of more than 300 days.
The total number of SSOs that occur nationwide each year is not known. In some areas, they might not be reported or are underreported to EPA and state environmental agencies. Two surveys, however, help to define the size of the problem:
How can SSOs be reduced or eliminated?
Many avoidable SSOs are caused by inadequate or negligent operation or maintenance, inadequate system capacity, and improper system design and construction. These SSOs can be reduced or eliminated by:
Communities also should address SSOs during sewer system master planning and facilities planning, or while extending the sewer system into previously unsewered areas. A few SSOs may be unavoidable. Unavoidable SSOs include those occurring from unpreventable vandalism, some types of blockages, extreme rainstorms, and acts of nature such as earthquakes or floods.
What costs are involved with reducing or eliminating SSOs?
Sanitary sewer collection systems are a valuable part of the nation's infrastructure. EPA estimates that our nation's sewers are worth a total of more than $1 trillion. The collection system of a single large municipality is an asset worth billions of dollars and that of a smaller city could cost many millions to replace. Sewer rehabilitation to reduce or eliminate SSOs can be expensive, but the cost must be weighed against the value of the collection system asset and the added costs of this asset is allowed to further deteriorate. Ongoing maintenance and rehabilitation adds value to the original investment by maintaining the system's capacity and extending its life. The costs of rehabilitation and other measures to correct SSOs can vary widely by community size and sewer system type. Those being equal, however, costs will be highest and ratepayers will pay more in communities that have not put together regular preventive maintenance or asset protection programs in place. Assistance is available through the Clean Water Act State Revolving Fund for capital projects to control SSOs. State Revolving Funds in each state and Puerto can help arrange low-interest loans. For the name of your State Revolving Fund contact, please call the EPA Office of Water Resource Center, (202) 566-1729.
They are nutrient-rich organic materials resulting from the treatment of domestic sewage in a treatment facility. When treated and processed, these residuals can be recycled and applied as fertilizer to improve and maintain productive soils and stimulate plant growth.
What is the difference between biosolids and sludge? Biosolids are treated sewage sludge. Biosolids are carefully treated and monitored and must be used in accordance with regulatory requirements.
We have biosolids as a result of the wastewater treatment process. Water treatment technology has made our water safer for recreation and seafood harvesting. Thirty years ago, thousands of American cities dumped their raw sewage directly into the nation's rivers, lakes, and bays. Through regulation of this dumping, local governments now required to treat wastewater and to make the decision whether to recycle biosolids as fertilizer, incinerate it, or bury it in a landfill.
How are biosolids generated and processed? Biosolids are created through the treatment of domestic wastewater generated from sewage treatment facilities. The treatment of biosolids can actually begin before the wastewater reaches the sewage treatment plant. In many larger wastewater treatment systems, pre-treatment regulations require that industrial facilities pre-treat their wastewater to remove many hazardous contaminants before it is sent to a wastewater treatment plant. Wastewater treatment facilities monitor incoming wastewater streams to ensure their recyclability and compatibility with the treatment plant process. Once the wastewater reaches the plant, the sewage goes through physical, chemical and biological processes which clean the wastewater and remove the solids. If necessary, the solids are then treated with lime to raise the pH level to eliminate objectionable odors. The wastewater treatment processes sanitize wastewater solids to control pathogens (disease-causing organisms, such as certain bacteria, viruses and parasites) and other organisms capable of transporting disease.
After treatment and processing, biosolids can be recycled and applied as fertilizer to improve and maintain productive soils and stimulate plant growth. The controlled land application of biosolids completes a natural cycle in the environment. By treating sewage sludge, it becomes biosolids which can be used as valuable fertilizer, instead of taking up space in a landfill or other disposal facility.
Farmers and gardeners have been recycling biosolids for ages. Biosolids recycling is the process of beneficially using treated the treated residuals from wastewater treatment to promote the growth of agricultural crops, fertilize gardens and parks and reclaim mining sites. Land application of biosolids takes place in all 50 states.
Why are biosolids used on farms? The application of biosolids reduces the need for chemical fertilizers. As more wastewater plants become capable of producing high quality biosolids, there is an even greater opportunity to make use of this valuable resource.
What percentage of biosolids are recycled and how many farms use biosolids? About 50% of all biosolids are not being recycled to land. These biosolids are used on less than one percent of the nation's agricultural land.
The National Academy of Sciences has reviewed current practices, public health concerns and regulator standards, and has concluded that "the use of these materials in the production of crops for human consumption when practiced in accordance with existing federal guidelines and regulations, presents negligible risk to the consumer, to crop production and to the environment."
Biosolids may have their own distinctive odor depending on the type of treatment it has been through. Some biosolids may have only a slight musty, ammonia odor. Others have a stronger odor that may be offensive to some people. Much of the odor is caused by compounds containing sulfur and ammonia, both of which are plant nutrients.
Are there regulations for the land application of biosolids? The federal biosolids rule is contained in 40 CFR Part 503. Biosolids that are to be land applied must meet these strict regulations and quality standards. The Part 503 rule governing the use and disposal of biosolids contain numerical limits, for metals in biosolids, pathogen reduction standards, site restriction, crop harvesting restrictions and monitoring, record keeping and reporting requirements for land applied biosolids as well as similar requirements for biosolids that are surface disposed or incinerated. Most recently, standards have been proposed to include requirements in the Part 503 Rule that limit the concentration of dioxin and dioxin like compounds in biosolids to ensure safe land application.
Where can I find out more about the regulations? The biosolids rule is described in the EPA publication, A Plan English Guide to the EPA Part 503 Biosolids Rule. This guide states and interprets the Part 503 rule for the general reader. This guide is also available in hard copy. In addition to the Plain English Guide, EPA has prepare A Guide to the Biosolids Risk Assessments for the EPA Part 503 Rule which shows the many steps followed to develop the scientifically defensible, safe set of rules (also available from EPA in hard copy.)
How are biosolids used for agriculture? Biosolids are used to fertilize fields for raising crops. Agricultural use of biosolids, that meet strict quality criteria and application rates, have been shown to produce significant improvements in crop growth and yield. Nutrients found in biosolids, such as nitrogen, phosphorus and potassium and trace elements such as calcium, copper, iron, magnesium, manganese, sulfur and zinc, are necessary for crop production and growth. The use of biosolids reduces the farmer's production costs and replenishes the organic matter that has been depleted over time. The organic matter improves soil structure by increasing the soil's ability to absorb and store moisture. The organic nitrogen and phosphorous found in biosolids are used very efficiently by crops because these plant nutrients are released slowly throughout the growing season. This enables the crop to absorb these nutrients as the crop grows. This efficiency lessens the likelihood of groundwater pollution of nitrogen and phosphorous.
Can biosolids be used for mine reclamation? Biosolids have been used successfully at mine sites to establish sustainable vegetation. Not only does the organic matter, inorganic matrix and nutrients present in the biosolids reduce the bioavailability of toxic substances often found in highly disturbed mine soils, but also regenerate the soil layer. This regeneration is very important for reclaiming abandoned mine sites with little or no topsoil. The biosolids application rate for mine reclamation is generally higher than the agronomic rate which cannot be exceeded for use of agricultural soils.
How are biosolids used for forestry? Biosolids have been found to promote rapid timber growth, allowing quicker and more efficient harvest of an important natural resource.
Can biosolids be used for composting? Yes, biosolids may be composted and sold or distributed for use on lawns and home gardens. Most biosolids composts, are highly desirable products that are easy to store, transport and use.
Are there rules about where biosolids can be applied? To determine whether biosolids can be applied to a particular farm site, an evaluation of the site's suitability is generally performed by the land applier. The evaluation examines water supplies, soil characteristics, slopes, vegetation, crop needs and the distances to surface and groundwater. There are different rules for different classes of biosolids. Class A biosolids contain no detectable levels of pathogens. Class A biosolids that meet strict vector attraction reduction requirements and low levels metals contents, only have to apply for permits to ensure that these very tough standards have been met. Class B biosolids are treated but still contain detectable levels of pathogens. There are buffer requirements, public access, and crop harvesting restrictions for virtually all forms of Class B biosolids. Nutrient management planning ensures that the appropriate quantity and quality of biosolids are land applied to the farmland. The biosolids application is specifically calculated to match the nutrient uptake requirements of the particular crop. Nutrient management technicians work with the farm community to assure proper land application and nutrient control.
Are there buffer requirements or restrictions on public access to sites with biosolids? In general, exceptional quality (Class A) biosolids used in small quantities by general public have no buffer requirements, crop type, crop harvesting or site access restrictions. Exceptional Quality biosolids is the name given to treated residuals that contain low levels of metals and do not attract vectors. When used in bulk, Class A biosolids are subject to buffer requirements, but not to crop harvesting restrictions. In general, there are buffer requirements, public access, and crop harvesting restrictions for virtually all forms of Class B biosolids (treated but still containing detectable levels of pathogens).
Can anyone apply biosolids to land? Anyone who wants to use biosolids for land application must comply with all relevant federal and state regulations. In some cases a permit may be required.
What will it mean for a wastewater treatment plant, biosolids manager or land applier to agree to follow an Environmental Management System (EMS) for Biosolids? A voluntary EMS is now being developed for biosolids by the National Biosolids Partnership (NBP). The NBP consists of members from the Association of Metropolitan Sewerage Agency, the Water Environment Federation, the U.S. Environmental Protection Agency (EPA) and other stakeholders including the general public. Those facilities who pledge to follow the EMS are agreeing to follow community-friendly practices in addition to being in compliance with applicable state and federal regulations. Community friendly practices refer to the control of odor, traffic, noise, and dust as well as the management of nutrients. Those who pledge to follow the EMS will be subjected to audit by impartial independent third parties.
How can I find out about a proposed permit for a facility near me so that I can participate in the permitting process? If a facility near you has applied for an NPDES permit, the permitting authority or company will have provided notice in a major local newspaper, usually in the legal section of the classified ads, or in an official publication such as the Federal Register. You also may call the appropriate state regulatory agency for information on applications for permits. For more information, refer to the Permitting Contacts section of this web site.
What are animal feeding operations? Animal feeding operations (AFOs) are agricultural enterprises where animals are kept and raised in confined situations. AFOs congregate animals, feed, manure and urine, dead animals, and production operations on a small land area. Feed is brought to the animals rather than the animals grazing or otherwise seeking feed in pastures, fields, or on rangeland. There are approximately 450,000 AFOs in the United States. Concentrated animal feeding operations (CAFOs) are a relatively small number of AFOs that are regulated by the EPA.
What are the water quality concerns related to AFOs? Manure and wastewater from AFOs have the potential to contribute pollutants such as nitrogen and phosphorus, organic matter, sediments, pathogens, heavy metals, hormones, antibiotics, and ammonia to the environment. Excess nutrients in water (i.e., nitrogen and phosphorus) can result in or contribute to low levels of dissolved oxygen (anoxia), eutrophication, and toxic algal blooms. These conditions may be harmful to human health and, in combination with other circumstances, have been associated with outbreaks of microbes such as Pfiesteria piscicida. Decomposing organic matter (i.e., animal waste) can reduce oxygen levels and cause fish kills. Pathogens, such as Cryptosporidium, have been linked to impairments in drinking water supplies and threats to human health. Pathogens in manure can also create a food safety concern if manure is applied directly to crops at inappropriate times. In addition, pathogens are responsible for some shellfish bed closures. Nitrogen in the form of nitrate, can contaminate drinking water supplies drawn from ground water.
What design flow is appropriate for calculating limits for nutrients (nitrogen and phosphorus)?
This question is not entirely specific to nutrients, and therefore, is answered the same as for any other water quality criteria. Design flows for effluent limit calculations are based on treatment design flows at individual facilities. Please refer to 40 CFR 122.45(b)
What monitoring requirements for nutrients (nitrogen and phosphorus) are necessary in permits?
This question is not entirely specific to nutrients, and therefore, is answered the same as for any other water quality criteria. In general, monitoring requirements in permits must effectively ascertain compliance with effluent limits. Please refer to 40 CFR 122.44(i)
Can a new source or a new discharger be authorized in water bodies that are currently listed as impaired for nutrients (nitrogen and phosphorus)?
This question is not entirely specific to nutrients, and therefore, is answered the same as for any other water quality criteria. New sources and new dischargers can be authorized in water bodies currently listed as impaired. If a TMDL has been developed, the permit writer must demonstrate that there are remaining pollutant load allocations to allow for the additional loads and compliance schedules designed to bring the impaired water body into compliance with applicable water quality standards. When a TMDL has yet to be developed, the new source or new discharger can obtain a permit when certain conditions are met such as when the dischargers do not contain the pollutant causing the impairment, or other pollutant source reductions will offset the new discharge. For more information, refer to 40 CFR 122.4(i)
Should WQBELs apply only if a water is determined to be impaired by nutrients (nitrogen and phosphorus)?
This question is not entirely specific to nutrients, and therefore, is answered the same as for any other water quality criteria. The permitting authority must include a WQBEL in a permit if nutrients or any pollutant cause, contribute to, or have the reasonable potential to cause or contribute to an excursion of a water quality standard. In other words, even if a waterbody is not currently impaired for nutrients, a permit writer must include a WQBEL if a discharge has the reasonable potential to cause or contribute to an excursion of the nutrient criteria. For more information on WQBELs, please refer to 40 CFR 122.44(d)
When determining reasonable potential for nutrient (nitrogen and phosphorus) NPDES permits, are dynamic models appropriate, and if so, which models?
This question is not entirely specific to nutrients, and therefore, is answered the same as for any other water quality criteria. The decision to use dynamic models (time variable models) depends on the waterbody system to be modeled. The factors one considers to determine when to use a time variable model are found in a suite of technical guidances related to modeling the fate and transport of contaminants for the purposes of developing wasteload allocations that OW published between 1983 and 1990. Citations for these documents are as follows: USEPA (U.S. Environmental Protection Agency). 1983a. Technical Guidance Manual for Developing Total Maximum Daily Loads: Book 2, Rivers and Streams, Chapter 2: Nutrient/Eutrophication Impacts. EPA 440/4-84-021. U.S. Environmental Protection Agency, Office of Water, Washington, DC. USEPA. 1983b. Technical Guidance Manual for Performing Waste Load Allocations: Book 4, Lakes and Impoundments, Chapter 2: Nutrient/Eutrophication Impacts [PDF - 1.8 MB - 177 pp]. EPA 440/4-84-019. U.S. Environmental Protection Agency, Office of Water, Washington, DC. USEPA. 1990a. Technical Guidance Manual for Performing Waste Load Allocations: Book 3, Estuaries, Part 2: Application of Estuarine Waste Load Allocation Models [PDF - 2.5 MB - 173 pp]. EPA 823/R-92-003. U.S. Environmental Protection Agency, Office of Water, Washington, DC.
How can new nutrient (nitrogen and phosphorus) criteria be implemented in existing NPDES permits?
This question is not entirely specific to nutrients, and therefore, is answered the same as for any other water quality criteria. The permitting authority may be able to modify an existing permit (a new nutrient standard may be an allowable cause for modification) during the existing permit term, wait until the end of the permit term, or use an overlay permit that captures multiple facilities and provides additional flexibility. Permitting authorities are encouraged to consider a watershed-based permitting approach, which allows for the coordinated reissuance of permits with applicable limits throughout a watershed and may expedite implementation of new criteria while lowering administrative burden. The Virginia Chesapeake Bay and the Connecticut Long Island Sound Permits are examples where states have utilized the overlay permit to implement new nutrient criteria. Refer to 40 CFR 122.62 For more information on examples of overlay permits, refer to "Case Study 1-General Permit for Nitrogen Discharges" and "Case Study 13-Chesapeake Bay Watershed, Virginia: Watershed-based General Permit for Nutrient Discharges and Nutrient Trading" located on EPA's Watershed-Based Permitting publications page.
What options are available when treatment technology does not exist to enable dischargers to meet the WQBEL?
This question is not entirely specific to nutrients, and therefore, is answered the same as for any other water quality criteria. If dischargers cannot meet the WQBEL based on existing water quality standards, states have the option of changing the water quality standards through variances or changes to designated uses, which would result in a different WQBEL that could be met. In other instances, dischargers may be able to meet the WQBELs based on existing water quality standards through options such as offsets from point and nonpoint sources (e.g., land based BMPs) and water quality trading, and watershed analysis. For information on variances, refer to EPA's Water Quality Standards Handbook. For information on changing designated uses, please refer to 40 CFR 131.10(g)
How can watershed-based permitting strategies, trading, or other novel permitting strategies be utilized to "meet" water quality standards? The answer to this question is not specific to nutrients. EPA promotes using a NPDES watershed approach and water quality trading as innovative tools that may provide low cost implementation solutions for meeting water quality standards. For more information on these tools, please refer to the Watershed-Based Permitting website and the Water Quality Trading website.
How do technology-based effluent limits affect the need for water-quality based effluent limits (WQBELs) in permits?
This question is not entirely specific to nutrients, and therefore, is answered the same as for any other water quality criteria. Water quality-based effluent limitations are needed where technology-based effluent limitations are not stringent enough to meet applicable water quality standards. Refer to 40 CFR 122.44(d)
Can a permit require chemical and biological sampling at points other than the discharge outfall?
This question is not entirely specific to nutrients, and therefore, is answered the same as for any other water quality criteria. Biological sampling may be appropriate to effectively monitor the discharge status and ensure compliance. One practice for collecting ambient monitoring is described in EPA's Interim Guidance for Performance-based Reductions of NPDES Permit Monitoring Frequencies [PDF - 87 KB - 23 pp], which states that the permit authority can grant reductions in effluent monitoring for a permittee with a history of good compliance and permitting performance in exchange for ambient monitoring. In an attempt to test some of the ideas in the 1996 Interim Guidance, performance track facilities have been piloting programs to strike a balance between ambient monitoring and end-of-pipe monitoring. Specifically, Kodak Colorado Division and other dischargers near Kodak on the Cache la Poudre River have formed an ambient water quality monitoring group. This group was formed in cooperation with the Colorado Department of Public Health & Environment (CDPHE) to monitor the ambient water quality of the receiving water body. More information about this ambient monitoring group is located on EPA's National Environmental Performance Track website. Also refer to Chapter 8 of the NPDES Permit Writers' Manual [PDF - 132 KB - 29 pp] for information on including special studies and additional monitoring in NPDES permits.
In the absence of a TMDL, do permitting authorities have the flexibility to use a watershed approach similar to a TMDL analysis? Does EPA have guidance on an appropriate margin of safety for nutrient (nitrogen and phosphorus) TMDLs associated with the wasteload allocation/load allocation (WLA/LA) to ensure that water quality standards are met when implemented into permit limits? This question is not entirely specific to nutrients, and therefore, is answered the same as for any other water quality criteria. Yes, in the absence of a TMDL, permitting authorities have the flexibility to use a watershed approach similar to a TMDL analysis. One such approach is watershed-based permitting, which may be valuable where a TMDL is not available or as a tool to implement a TMDL. However, unless the watershed-based permitting effort includes all of the required elements of a TMDL or a TMDL alternative, a waterbody impaired by nutrients should remain on the 303(d) list until it meets standards or has an actual TMDL established or approved by EPA. The Chesapeake Bay implemented a watershed-based permitting approach for controlling nutrient discharges [PDF - 196 KB - 3 pp]. You can find more information on the Watershed-Based Permitting website. For information on determining the margin of safety for nutrient TMDLs, refer to Chapter 9 of EPA's Protocol for Developing Nutrient TMDLs [PDF - 2.5 MB -137 pp].
Are seasonal water quality-based permit limits for nutrients (nitrogen and phosphorus) appropriate?
The answer to this question is specific to nutrients. Seasonal water quality-based permit limits are not explicitly specified in the NPDES regulations under 40 CFR 122
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