Water programs and permitting

Water pollutants (also called “effluents”) can have a massive impact on numerous aquatic and non-aquatic species and their habitats. Organizations must do all that they can to limit or (if possible) eliminate the discharge of pollutants into waterways to effectively protect plant and animal life.

EPA establishes effluent limitations guidelines and standard for different industrial categories based on the degree of pollution reduction attainable by control technologies. These guidelines inform the National Pollutant Discharge Elimination System (NPDES) permitting programs, and along with Clean Water Act (CWA) regulations require that permitting facilities monitor and report the quality of any wastewater discharge. Stormwater runoff must also be a consideration for species protection.

Permits you may be required to obtain may include:

• NPDES general and/or individual permit(s). General permits are written to cover one or more categories (or subcategories) of discharges, disposal practices, or types of facilities in a geographic area, such as a state or a greater metro area. An individual permit is written to reflect site-specific conditions of a single discharger (or, in rare instances, to multiple co-permittees) based on information submitted by that discharger in a permit application.
• The Multi-Sector General Permit (MSGP). The MSGP addresses stormwater discharges associated with industrial activity, and required endangered species protection procedures are listed under Part 1.1.4 of the MSGP in Appendix E.
• Wetlands (also known as Section 404) permit(s). Section 404 of the CWA establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands. Individual permits are reviewed by the U.S. Army Corps of Engineers.

Regulatory citations:

• 40 CFR 100-149 (Water Programs)
• 40 CFR 400-471 (Effluent Guidelines and Standards)

Related Compliance Network subjects:

• Water programs

Air programs

Air quality affects all species as well as their critical habitats, and the Clean Air Act (CAA) authorizes EPA to establish air quality standards to protect public health and the environment. The CAA also authorizes EPA to regulate emissions from stationary (e.g., factories and power plans) and mobile (e.g., cars, airplanes, and other vehicles) sources of air pollutants. Emissions covered under the CAA include:

• Six common air pollutants known as “criteria pollutants,”
• Greenhouse gasses (GHGs),
• Hazardous air pollutants (HAPs), and
• Ozone depleting substances (ODSs).

EPA sets requirements for both primary and secondary national ambient air quality standards (NAAQS) at a national level, and the major source federal permitting program is outlined in Title V of the CAA.

Regulatory citations:

• 40 CFR 50-99 (Air Programs)
• 40 CFR 1000-1099 (Air Pollutions Controls)

Related Compliance Network subjects:

• Air programs

Pesticides

The misuse of pesticides poses a grave threat to species and critical habitats, especially pollinators such as bees. Improper storage, application, or management of these chemicals can lead to pesticide drift or runoff that affects the surrounding environment beyond a designated application area. Pesticides are strictly regulated by EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to protect human health and the environment, and any operation that uses pesticides must adhere to all compliance obligations.

Some of the ways that EPA pesticide regulation and the Endangered Species Act (ESA) intersect include:

• Assessments of pesticide registration applications under FIFRA. EPA’s review process includes an Ecological Risk Assessment, which specifically includes evaluation of the risk of a pesticide to listed species and designated critical habitats.
• Endangered Species Protection Bulletins. These bulletins, a part of the Endangered Species Protection Program (ESPP), set specific use limitations for pesticides to protect species and habitats. Users are directed to EPA’s Bulletins Live! Two application by pesticide labeling.
• Consultation with the U.S. Fish and Wildlife and National Marine Fisheries Services. These Services administer the ESA and consult both formally and informally with EPA on matters of endangered species, including pesticide risk assessments.
• Public information efforts to reduce pesticide impacts. EPA maintains websites for business and household pesticide users that contain education and tips for reducing pesticide impacts on wildlife, including additional information specific to threatened and endangered species.

Regulatory citations:

• 40 CFR 150-189 (Pesticide Programs)

Related Compliance Network subjects:

• Pesticides

Oil spill prevention

Oil spills can cause a great deal of damage to ecosystems and the species that inhabit them, so organizations must take great care to prevent them. Federal regulations for oil pollution prevention apply to any owner or operator of a non-transportation-related onshore or offshore facility engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or consuming oil and oil products, which due to its location, could reasonably be expected to discharge oil in quantities that may be harmful. An operation must also adhere to specific waste management standards for used oil, as well as consider any oil or fuel that is stored in underground storage tanks (USTs) and/or aboveground storage tanks (ASTs).

Covered facilities must prepare and implement a Spill Prevention, Control, and Countermeasure (SPCC) Plan that covers all necessary plans, procedures, training, and secondary containment to ensure oil spills are effectively prevented.

Regulatory citations:

• 40 CFR 112 (Oil Pollution Prevention)
• 40 CFR 279 (Standards for the Management of Used Oil)
• 40 CFR 280, 281, and 282 (Regulations governing underground storage tanks (USTs))

Related Compliance Network subjects:

• Oil spill prevention

Solid and hazardous waste

Every organization generates waste, and the proper management of solid and hazardous waste is important to protection of species and habitats at every point in the waste management chain, from initial generation and storage to transportation to treatment and disposal. The Resource Conservation and Recovery Act (RCRA) is the United States’ federal solid and hazardous waste law, and be sure your facility is in compliance with all applicable waste laws at the state and local level as well.

Hazardous waste in particular can be dangerous to human health and the environment. Facilities must take care in making their waste determinations (i.e., identify any hazardous wastes) for all waste streams and manage them properly. A Waste Analysis Plan can help with these efforts. Waste minimization should be a priority for all facilities, not only because it is more environmentally friendly and therefore supports improved species protection, but because it is required by federal law. Waste generators certify they are taking steps to minimize waste whenever they sign a hazardous waste manifest, and Large Quantity Generators (LQGs) must report on their waste minimization practices when completing a biennial report.

Regulatory citations:

• 40 CFR 239–299 (Solid Wastes)

Related Compliance Network subjects:

• Waste