The Clean Water Act and Water Quality
Monitoring
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
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
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
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
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)
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
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.)
The Clean Water Act
Goals
Discharge
Permits
Enforcement
Monitoring
• 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.
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
The Clean Water Act
Goals
Water Quality
Standards
Discharge
Permits
Enforcement
Monitoring
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.”
Water Quality Standards
established by states, districts, territories and tribes consist
of three basic components:
DESIGNATED USES
WATER QUALITY CRITERIA
ANTIDEGRADATION REQUIREMENTS
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
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
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
Water Quality Standards
established by states, districts, territories and tribes consist
of three basic components:
DESIGNATED USES
WATER QUALITY CRITERIA
ANTIDEGRADATION REQUIREMENTS
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)
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
Water Quality Standards
WY Water Quality Criteria
Parameter
Human Health Value, Fish and Drinking Water
Temperature
Increase of 1.1 C or 2 F; Not to exceed 68 F or 20 C
pH
6.5-9.0
Turbidity
10 NTU above normal
Nitrates
10 mg/L
Nitrites
1 mg/L
Nitrates and
Nitrites
10 mg/L
Dissolved Oxygen
See next slide
E. coli
High Use Swimming Area – 235 organisms/100 mL
Infrequently used full body contact – 576 organisms/100
mL
Water Quality Standards
Dissolved Oxygen Water Quality Criteria
Cold Water Criteria (mg/L)
Warm Water Criteria (mg/L)
Early Life Stage1,2
Other Life Stages
Early Life Stages2
Other Life Stages
30 Day Mean
NA3
6.5
NA
5.5
7 Day Mean
9.5 (6.5)
NA3
6.0
NA3
7 Day Mean
Minimum4
NA
5.0
NA3
6.0
1 Day
Minimum4
8.0 (5.0)
4.0
5.0
3.0
(1)
(2)
(3)
(4)
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
Water Quality Standards
established by states, districts, territories and tribes consist
of three basic components:
DESIGNATED USES
WATER QUALITY CRITERIA
ANTIDEGRADATION REQUIREMENTS
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)
Proposed Wyoming Use Class Changes
Sand Creek (near Lysite Big Horn River Basin) 29MB
3B to 4B
Isolated Waters (Statewide-Categorical)
4C
Coal Draw (near Thermopolis), Big Horn Basin
3B to 4B (upper reaches) 4C
(lower reaches)
Red Creek, Great Divide Basin
3B to 4B
Whitetail Creek, Little Powder Basin
3B to 4B
Unnamed Trib to Whitetail Cr, Little Powder Basin
3B to 4C
Gooseberry Cr, Bighorn Basin
2AB to 2B (upper reaches)
Rawhide Cr, Bighorn Basin
2AB to 2B (upper reaches)
and 2C (lower reaches)
Porter Draw, South Platte Basin
3B to 4C
Wallace Creek, Powder River Basin
3B to 4B
Caballo Creek, Belle Fourche Basin
3B to 2AB
Unnamed Trib to Foster Reservoir, Bighorn Basin
3B to 4B
Unnamed Drainage to Sevenmile Creek, North Platte
River Basin
3B to 4C
Proposed Wyoming Use Class Changes
Robinson Creek, Belle Fourche Basin
3B to 4C
Anderson Draw, Powder River Basin
3B to 4B and 4C
Van Houten Dr., Powder River Basin
3B to 4B and 4C
Schoonover Road Area, Powder River Basin
3B to 4B
Canals & Ditches
4A
Kennedy North Area, Powder River Basin
3B to 4B
Kennedy South Area, Powder River Basin
3B to 4B and 4C
Cottonwood Creek, Big Horn Basin
Chloride & Selenium
Salt Creek, Powder River Basin
Criteria Chloride
Unnamed Trib to Black Thunder Cr. Cheyenne River
Basin
3B to 4B
Unnamed Trib to Poison Spider Cr. North Platte Basin
3B to 4B
Unnamed, Isolated Wetland near Lamont, WY, Great
Divide Basin
3B to 4B
The Clean Water Act
Goals
Water Quality
Standards
Discharge
Permits
Enforcement
Monitoring
Healthy Waters
Monitoring
Impaired and
Threatened
Waters
"Impaired waters"
and "threatened
waters" are waters that
do not meet or are not
expected to meet water
quality standards
Impaired and threatened
waters are to be placed
on the state 303(d) list
Updated every two years
after reviewing all existing
and readily-available data
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
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
The Clean Water Act
Goals
Water Quality
Standards
Discharge
Permits
Healthy Waters
Monitoring
Impaired and
Threatened
Waters
Enforcement
Monitoring
Watershed
Protection
Plans
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)
The Clean Water Act
Goals
Water Quality
Standards
Discharge
Permits
Healthy Waters
Monitoring
Impaired and
Threatened
Waters
Enforcement
Monitoring
Watershed
Protection
Plans
Adjustments to
Permits and
Activities
Monitoring
Waters Still
Impaired
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
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
Collect Information on Your Watershed
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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
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
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