Federal Rules and Regulations

(D) Each State shall estimate for the waters identified in paragraph (1)(D) of this subsection the total maximum daily thermal load required to assure protection and propagation of a balanced, indigenous population of shellfish, fish and wildlife. Such estimates shall take into account the dissipative capacity of the identified waters or parts thereof. Such estimates shall include a calculation of the maximum heat input that can be made into each such part and shall include a margin of safety which takes into account any lack of knowledge concerning the development of thermal water quality criteria for such protection and propagation in the identified waters or parts thereof. (2) Each State shall submit to the Administrator from time to time, with the first such submission not later than one hundred and eighty days after the date of publication of the first identification of pollutants under section 304(a)(2)(D), for his approval the waters identified and the loads established under paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) of this subsection. The Administrator shall either approve or disapprove such identification and 104 Sec. 303 FEDERAL WATER POLLUTION CONTROL ACT load not later than thirty days after the date of submission. If the Administrator approves such identification and load, such State shall incorporate them into its current plan under subsection (e) of this section. If the Administrator disapproves such identification and load, he shall not later than thirty days after the date of such disapproval identify such waters in such State and establish such loads for such waters as he determines necessary to implement the water quality standards applicable to such waters and upon such identification and establishment the State shall incorporate them into its current plan under subsection (e) of this section. (3) For the specific purpose of developing information, each State shall identify all waters within its boundaries which it has not identified under paragraph (1)(A) and (1)(B) of this subsection and estimate for such waters the total maximum daily load with seasonal variations and margins of safety, for those pollutants which the Administrator identifies under section 304(a)(2) as suitable for such calculation and for thermal discharges, at a level that would assure protection and propagation of a balanced indigenous population of fish, shellfish and wildlife.

(e) Beginning in fiscal year 1974 the Administrator shall not make any grant under this section to any State which has not provided or is not carrying out as a part of its program—

(1) the establishment and operation of appropriate devices, methods, systems, and procedures necessary to monitor, and to compile and analyze data on (including classification according to eutrophic condition), the quality of navigable waters and to the extent practicable, ground waters including biological monitoring; and provision for annually updating such data and including it in the report required under section

305 of this Act;

(a) Before approving grants for any projection for any treatment works under section 201(g)(1) the Administrator shall determine—"that the State in which the project is to be located (1) is implementing any required plan under section 303(e) of this Act and the proposed treatment works are in conformity with such plan, or (ii) is developing such a plan and the proposed treatment works will be in conformity with such plan, and such State is in compliance with section 305(b) of this Act;"

(a) Each State shall prepare or establish, and submit to the Administrator for his approval—

(A) "an identification and classification according to eutrophic condition of all publicly owned lakes in such State;

(B) "a description of procedures, processes, and methods (including land use requirements), to control sources of pollution of such lakes;

(C) "a description of methods and procedures, in conjunction with appropriate Federal agencies, to restore the quality of such lakes;

(D) "methods and procedures to mitigate the harmful effects of high acidity, including innovative methods of neutralizing and restoring buffering capacity of lakes and methods of removing from lakes toxic metals and other toxic substances mobilized by high acidity;

(E) "a list and description of those publicly owned lakes in such State for which uses are known to be impaired, including those lakes which are known not to meet applicable water quality standards or which require implementation of control programs to maintain compliance with applicable standards and those lakes in which water quality has deteriorated as a result of high acidity that may reasonably be due to acid deposition; and

(F) "an assessment of the status and trends of water quality in lakes in such State, including but not limited to, the nature and extent of pollution loading from point and nonpoint sources and the extent to which the uses of lakes is impaired as a result of such pollution, particularly with respect to toxic pollution.

"(2) SUBMISSION AS PART OF 305(b) (1) REPORT. – The information required under paragraph (1) shall be included in the report required under section 305(b) (1) of this Act, beginning with the report required under such section by April 1, 1988.

This act requires the National Oceanic and Atmospheric Administration (NOAA) to preserve, protect, develop, and where possible, restore and enhance the resources of coastal zones. The law encourages and assists the states in responsible use of coastal land and water resources, giving full consideration to ecological, cultural, historic, and aesthetic values as well as the needs for compatible economic development.

* Clean Water Connection: In 1990, Congress created the Coastal Zone Management Program, requiring states to develop and implement programs to reduce polluted runoff.

The Comprehensive Environmental Response, Compensation, and Liability Act, also known as "Superfund," provides a federal fund for cleaning up uncontrolled or abandoned hazardous waste sites as well as accidental releases of pollutants and contaminants into the environment. EPA has the power to seek out responsible parties, secure their cooperation in the cleanup, and recover costs from financially viable parties when cleanup is complete. The EPA cleans up orphan sites when potentially responsible parties cannot be identified or located, or when they fail to act. The agency forces private party cleanup through orders, consent decrees, and other small party settlements.

* Clean Water Connection: CERCLA requires the cleanup of toxic sites, which are often located in or next to waterways and have contaminated a ground or surface water source that may still be in use.

The Emergency Planning and Community Right-to-Know Act was passed to help communities deal safely and effectively with hazardous substances. The act establishes requirements for Federal, state and local governments and industries to develop emergency planning, release notification, and report inventories of toxic and hazardous chemicals. The emergency planning aspect requires local communities to prepare plans to deal with emergencies relating to hazardous substances; while, the community right-to-know aspect ensures public access to information concerning potential threats from hazardous substances. This ensures public participation in decisions regarding hazardous materials in their communities.

* Clean Water Connection: The law encourages emergency planning for responding to chemical accidents and spills, and provides local governments and the public with information about possible chemical hazards in local waters.

The Endangered Species Act provides for the conservation of threatened and endangered plants and animals and their habitats. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service maintain a list of endangered and threatened species. Anyone can petition to place a species on the list. The Act prohibits any action that results in a "taking" (harassing, harming, or killing) of a listed species or adversely affects its habitat. It also requires federal agencies to consult with the relevant management agency before taking action or granting a permit that would jeopardize a species. Protection or improvement of habitat on state or private lands may be addressed through the development and implementation of Habitat Conservation Plans.

* Clean Water Connection: ESA requirements can be used to regulate activity on private lands that impact aquatic habitats. For example, ESA has been used in lawsuits to stop timber sales and force changes in hydroelectric operations to protect aquatic habitats used by threatened and endangered species.

The Farm Bill offers incentives to the U.S. agricultural community to address environmental problems associated with farming. The bill’s Environmental Quality Incentives Program (EQIP) provides $200 million per year for farmland and floodplain protection, grazing lands conservation, wetlands protection and conservation, and wildlife habitat protection.

*Clean Water Connection: The Conservation Reserve Enhancement Program (CREP) is a conservation partnership program between State and Federal government that addresses specific State and nationally significant water quality, soil erosion and wildlife habitat issues related to agricultural use. The program uses financial incentive to encourage farmers to voluntarily enroll in contracts of a limited duration to remove lands from agricultural production. Six states have signed agreements to use funds; however, Georgia is not one of the six.

The Freedom of Information Act, enacted in 1966, establishes a statutory right of access to government information. The basic purpose of FOIA is to ensure an informed citizenry by providing access to virtually all federal agency records except those specifically exempted from disclosure. Note, if you are trying to obtain records from a federal agency, a federal law - the Freedom of Information Act (FOIA) - will apply to your request. Visit this Web site to find out more information about this law.

* Clean Water Connection: FOIA ensures that citizens have access to agency records, including records that demonstrate compliance with the Clean Water Act.

The National Environmental Policy Act is our basic national charter for protection of the environment. Before a federal agency takes an action that has the potential to impact the environment, the agency must examine the need for, alternatives to, and environmental consequences of that action. NEPA also ensures that environmental information is available to public officials and citizens and that public input is considered before decisions are made and actions are taken.

* Clean Water Connection: NEPA requires review of the need for, alternatives to, and impacts of any federal action that may cause water quality problems.

The National Forest Management Act is a cornerstone of environmental law intended to protect biodiversity in national forests and ensure public involvement in forest planning and management. It provides for logging while recognizing "the fundamental need to protect and where appropriate, improve the quality of soil, water, and air resources."

* Clean Water Connection: NFMA is supposed to insure that timber will be harvested from National Forest lands "only where…soil, slope, or watershed conditions will not be irreversibly damaged." It also requires protection of water bodies in areas where timber harvests might adversely affect water temperature, course, sediment buildup, and fish habitat.

This act protects designated free-flowing rivers that have "outstanding remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, and other similar values." Under the act, protected rivers and their immediate surroundings are to be preserved in free-flowing condition for the benefit of future and present generations.

* Clean Water Connection: Maintaining rivers in a free-flowing condition protects the water quality of such rivers and fulfills other vital national conservation purposes.

This act gives EPA the authority to control hazardous waste from "cradle to grave," including its generation, transportation, treatment, storage, and disposal. RCRA also sets guidelines for the management of non-hazardous wastes.

* Clean Water Connection: RCRA is designed to protect human health and the environment, as well as, reduce or eliminate the generation of hazardous wastes and conserve energy and natural resources. The 1986 amendments to RCRA enabled the EPA to address water contamination that could result from underground tanks storing petroleum and other hazardous substances. All RCRA cleanups must be performed so as to reduce the likelihood that hazardous or non-hazardous substances from past practices will ever leach into ground water or run over the ground to larger surface water bodies. However, RCRA focuses only on active and future facilities and does not address abandoned or historical sites.

The Safe Drinking Water Act of 1974, enacted in response to outbreaks of waterborne disease and increasing chemical contamination of public water sources, is the primary federal law protecting the quality of our water. The SDWA authorizes the EPA to establish national health-based standards for drinking water to protect against both naturally-occurring and man-made contaminants that may be found in drinking water.

* Clean Water Connection: The SDWA sets maximum contaminant levels (MCLs) for dangerous chemicals and waterborne bacteria and viruses in the public’s drinking water. The 1996 reauthorization of the SDWA requires water providers to prepare and distribute annual reports informing consumers about the quality of water, including information on the water source, detected contaminants, possible health effects and any actions they should take to minimize health risks associated with waterborne contaminants. It also requires each state to assess all water resources used (or to be used) for drinking water supply to identify potential sources of contamination and determine how susceptible each water resource is to contamination.

Virginia Code References