1、 Overview of Environmental Laws and RegulationsThe Authoritative Resource on Safe WaterJoseph J. Bernosky, P.E.Navigating the Green Maze20740 (2/15) IWAWWA is the authoritative resource for knowledge, information, and advocacy to improve the quality and supply of water in North America and beyond. A
2、WWA is the largest organization of water professionals in the world, advancing public health, safety, and welfare by uniting the efforts of the full spectrum of the water community. Through our collective strength, we become better stewards of water for the greatest good of people and the environmen
3、t. Overview of Environmental Laws and Regulations: Navigating the Green Maze is an easy-to-understand introduction to the complex maze of environmental laws that directly affect water and wastewater utilities. Covering the Safe Drinking Water Act, the Clean Water Act, and others, this readable guide
4、 is ideal for students, water operators, engineers, and public officials. Rather than delve into the specific requirements of individual regulations, this book addresses the scope and nature of regulations that affect utilities, a brief history of environmental regula-tions, environmental advocacy a
5、nd public participation, stakeholders roles and relationships to each other, and future regulatory trends.Overview of Environmental Laws and Regulations: Navigating the Green MazeOverview of Environmental Laws and RegulationsNavigating the Green MazeOverview of Environmental Laws and RegulationsNavi
6、gating the Green MazeJoseph J. Bernosky, P.E.Overview of Environmental Laws and Regulations: Navigating the Green MazeFirst EditionCopyright 2011 American Water Works AssociationAll rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic
7、or mechanical, including photocopy, recording, or any information or retrieval system, except in the form of brief excerpts or quotations for review purposes, without the written permission of the publisher.The authors, contributors, editors, and publisher do not assume responsibility for the validi
8、ty of the content or any consequences of its use. In no event will AWWA be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of information presented in this book. In particular, AWWA will not be responsible for any costs, includ-ing, but not limited t
9、o, those incurred as a result of lost revenue. In no event shall AWWAs liability exceed the amount paid for the purchase of this book.Authors Note: The opinions expressed in this book are the authors own and do not reflect the policies, practices, or opinions of the American Water Works Association,
10、 its members, other professional associations, or the authors employer, Board of Directors, or staff. Comments and criticisms should be addressed to the author alone.AWWA Publications Manager: Gay Porter De NileonProject Manager/Technical Editor: Martha Ripley GrayCover Art: Jan R. Bailey and Daniel
11、 E. FeldmanProduction: PerfecType, Nashville, TNLibrary of Congress Cataloging-in-Publication DataBernosky, Joseph J.Overview of environmental laws and regulations: navigating the green maze / Joseph J. Bernosky. 1st ed.p. cm.Includes bibliographical references and index.ISBN 978-1-58321-815-01. Wat
12、erLaw and legislationUnited States. 2. Sewage disposalLaw and legislationUnited States. 3. WaterPollutionLaw and legislationUnited States. 4. Environmental lawUnited States. I. Title. KF5569.B47 2010344.73046343dc222010041177Printed in the United States of America6666 West Quincy AvenueDenver, CO 80
13、235-3098303.794.7711www.awwa.orgvCONTENTSPREFACE ixAbout the Author x1 INTRODUCTION 1A Highly Regulated Society . . . 1. . . And an Even More Highly Regulated Industry 32 THE GREEN MAZE 5The Green Maze: What Is It? 5Regulatory Structure 6Not Getting Lost in the Green Maze 113 STAKEHOLDERS 13Elected
14、Officials 14Regulators 16The Utility 17Customers (General Public) 17Customers (Business, Industrial, Agricultural) 18Media 18Activists 19A Special Stakeholderthe Environmental Protection Agency 204 A BRIEF HISTORY OF ENVIRONMENTAL REGULATIONS 23Before the Modern Environmental Movement 26The 1960s an
15、d 1970s 265 THE SAFE DRINKING WATER ACT 29Preludes to the SDWA 31The 1974 Safe Drinking Water Act 326 THE CLEAN WATER ACT 41The National Pollutant Discharge Elimination System 43The National Pretreatment Program 46Water Quality Standards, the 303(d) Program, and TMDLs 47Stormwater Regulations 48Nonp
16、oint Sources 51Regulatory Intersection of the CWA and the SDWA 537 THE CLEAN AIR ACT 55Risk Management Plans 59Utilities and the Clean Air Act 598 HAZARDOUS WASTE AND HAZARDOUS MATERIALS REGULATIONS 61History of Hazardous Waste Regulations and RCRA 63Hazardous Materials Management and Right-to-Know
17、Regulations 64Water/Wastewater Utilities and Hazardous Waste 669 RECYCLED WATER 67What Recycled Water Is 68Recycled Water Uses 69Federal Recycled Water Regulations 70Indirect Potable Reuse 71Graywater 7310 OTHER LAWS AND REGULATIONS 75The Endangered Species Act (a.k.a. Bugs and Bunnies) 76Global War
18、ming 79Water Supply Availability Requirements 83Bioterrorism Preparedness and Response Act 8611 STATE ENVIRONMENTAL REGULATIONS 87The Federal/State Regulatory Nexus 87State Regulatory Structures 9112 WATER LAW 95Riparian Rights 96Prior Appropriation (a.k.a. “First in Time, First in Right”) 97Interst
19、ate and International Water Compacts and Agreements 9813 WATER AND WASTEWATER UTILITIES ORDINANCES 10114 ENVIRONMENTAL REGULATIONS AND THE PUBLIC 105Public Participation 105Public Communication 107Risk Communication 110Environmental Advocacy 11215 THE ROLE OF LABORATORIES 117Laboratory and Custody P
20、rotocols 119The Vanishing Zero 12016 MORE MAZES: TOMORROWS REGULATIONS 125Emerging Contaminants 129INTERNET RESOURCES 135REFERENCES 137ADDITIONAL READING 141INDEX 143ixPREFACEThis book originated with a class I taught as an adjunct instructor at Mount San Jacinto College, Calif. (http:/www.msjc.edu/
21、), during fall 2009. The class, WATR 130 Environmental Laws and Regulations, is an elective course within the colleges Water Technology program. Water Technology is a certificate/Associate of Science program intended to pre-pare students for a variety of careers in water and wastewater operations. I
22、ts a great program and a great introduction to this important field.And thats what this book isan introduction. Its aimed at a vari-ety of audiences: the fresh-out-of-college civil engineer who knows about reinforced concrete, the Hazen-Williams equation, and what a hydraulic grade line is, but whos
23、 never heard of the Safe Drinking Water Act. How about the bright young person whos just been promoted to a first-line supervisor in a wastewater utilitys operations department? She knows the intricacies of the treatment plant, but not how the Clean Water Act is going to affect her professional life
24、 from now on. Or consider the sea-soned legislative professional who knows the ins and outs of the political process, but very little about the regulatory world of water and wastewater utilities. This books for him, too. Its a simple (and perhaps slightly humorous) introduction to a very complex and
25、 very serious topic. Its meant to be a fairly easy read, and x PREFACEcertainly is not intended to be an in-depth reference work for any of the myriad number of environmental laws and regulations discussed in these pages. There are other books and other courses for that level of detailed knowledge.I
26、d like to thank three special people who had a great deal to do with my being a part of this industry: Dr. Jennifer Clancy, Dr. Michelle Frey, and Dr. Michael J. McGuire. Thanks for taking a chance; I wouldnt be here without your confidence and support.Finally, for my wife, Nancy, thanks for putting
27、 up with the visits to pump stations, construction sites, half-completed storage tanks, and treatment plantsand thanks for always believing.About the Author: Joseph J. Bernosky, P.E.Joe Bernosky is director of engineering for Western Municipal Water District, a Metropolitan Water District of Souther
28、n California mem-ber agency. He has more than 25 years of professional experience with drinking water and wastewater utilities, industry, and consulting firms. During that time, he performed as a design engineer, project engineer/manager, and program manager. He has provided services to water utili-
29、ties addressing water quality and distribution system issues, online water quality monitoring, water resources, residuals management, SDWA regu-latory impacts, emergency response, and vulnerability assessments. He is a licensed professional engineer in California, Colorado, Oregon, Texas, and Washin
30、gton.1CHAPTER 1INTRODUCTIONA Highly Regulated Society . . . We live in a highly regulated society. If you dont believe that statement, just check out this Web site, http:/www.gpoaccess.gov/fr/index.html, on any weekday morning. That is the URL for the Federal Register, which is published every feder
31、al working day by the Office of the Federal Register, National Archives and Records Administration. The Federal Register (or FR) is the official publication for rules, proposed rules, and notices of federal agencies and organizations, as well as executive orders and other presidential documents.Here
32、s a sample from the FR (July 10, 2009):2 OVERVIEW OF ENVIRONMENTAL LAWS AND REGULATIONSContents Federal RegisterVol. 74, No. 131Friday, July 10, 2009Environmental Protection AgencyRULESApproval and Promulgation of Air Quality ImplementationPlans:Texas; Revisions to the 1-Hour Ozone Plan for theBeaum
33、ont/Port Arthur Area, 3314633152Pesticide Tolerances:Buprofezin, 3315333159Indoxacarb, 3315933165Mandipropamid, 3316533170PROPOSED RULESApproval and Promulgation of Air Quality ImplementationPlans:California, 3319633200Texas; Revisions to the 1-Hour Ozone Plan for theBeaumont/Port Arthur Area, etc.,
34、 33200NOTICESEnvironmental Impact Statements; Availability, etc., 3323533237This is the entry for the US Environmental Protection Agency (USEPA), just one of hundreds of federal agencies. Note the page num-bers33,235 for the last notice (one announcing the availability of an Environmental Impact Sta
35、tement, or EIS); that means since January 1, 2009, more than 33,000 pages of proposed and final rules, regulations, notifications, and other federal actions had been published. By the end of 2009, the FR count reached nearly 70,000 pages (69,676 to be exact); a truly staggering totaland thats just t
36、he federal government. But 2009 still couldnt top 2008 when the FR contained 79,435 pages, an all-time record high. There are also numerous state and local regulations, espe-cially in such highly regulated states as California and New Jersey.INTRODUCTION 3. . . And an Even More Highly Regulated Indu
37、stryAs regulated as American society is, some arenas are even more highly regulatedand this certainly includes the arena in which water and wastewater utilities operate. This book will attempt to explore that arena: that sometimes complex, sometimes confusing, but always challenging green maze of en
38、vironmental laws and regulations. This book is not about the specific requirements of individual regulations or regulatory limits (such as the maximum contaminant level MCL for arsenic or nitrates in drinking water), or how to comply with those regulations. Instead, this book is intended to explore
39、and describe that green maze of regulations and will address such topics as The green maze: What it is and how not to get lost The relationship of laws and regulations A brief history of environmental regulations Stakeholders, their roles, and relationships to each other The scope and nature of regu
40、lations impacting water and waste-water utilitiesfSafe Drinking Water ActfClean Water ActfClean Air ActfHazardous waste regulationsfHazardous material regulationsfRecycled waterfWater lawfSelected state environmental lawsfOrdinances Risk communication Environmental advocacy and public participation
41、Future regulatory trends5CHAPTER 2THE GREEN MAZEThe Green Maze: What Is It?Maze: (noun)1. A confusing network of intercommunicating paths or passages; labyrinth.2. Any complex system or arrangement that causes bewilderment, con-fusion, or perplexity.3. A state of bewilderment or confusion.4. A windi
42、ng movement, as in dancing.Origin: 12501300; ME mase, n. use of aph. var. of amasen to amazeAccording to the preceding dictionary entry, a maze is a confusing network of intercommunicating paths or passagesa labyrinth. After working in the environmental field for some 25-odd years, I think the secon
43、dary definitionany complex system or arrangement that causes 6 OVERVIEW OF ENVIRONMENTAL LAWS AND REGULATIONSbewilderment, confusion, or perplexitycertainly seems more appropri-ate. I do know that meandering through that green maze certainly can leave one in a bewildered or confused state, which is
44、the tertiary defini-tion. Im not sure Ive ever seen an environmental professional dancing, so well just pass on the fourth definition.Okay, so we know what a maze is, but what is a “green maze”? Well, Ill define it as the paths, passages, twists, and turns of federal, state, and local environmental
45、lawsand the sometimes even more constraining and confusing paths, passages, twists, and turns of their associated reg-ulationsthe day-to-day directives, conditions, and required actions that ensure compliance with the underlying environmental law. As well see, the intent of these environmental laws
46、was and remains noble: the pro-tection of human health and the environment. But in practice, complying with the vast number of regulations associated with those noble laws has become a difficult, confusing, and certainly expensive proposition.Maze theory asserts that if a maze is “simply connected”
47、it can be solved by following the “left hand rule”: upon entering the maze, just maintain contact with the left hand (or right hand) wall; youll either find the exit or be led back to the original entrance. Well, unfortunately, the green maze is not simply connected. It is complex to the nthdegree,
48、and growing more complex every year.The primary mission of water and wastewater utilities is public healthnothing we do is more important. As such, it is our industrys duty to not only comply, but go beyond compliance with environmental regulations intended to protect human health and the environmen
49、t. But its tough to understand and comply with those regulations when they appear to be nothing more than a confusing network of intercommunicat-ing paths or passages that leave one in a state of bewilderment or confu-sion. So lets start solving the puzzle that is the green maze by trying to understand what the difference is between an environmental law and a regulation.Regulatory StructureWhats an environmental law? Whats an environmental regulation? Whats the difference between the twoor are they the same thing
