Laws (statutes) and regulations are a major tool in protecting the environment. Congress passes laws that govern the United States. To put those laws into effect,
Congress authorizes certain government agencies, including EPA, to create and enforce regulations.
Government agencies propose regulations in the Federal Register, and provides and opportunity for public comment on the regulations. After receiving public
comment, government agencies respond to the comments and publish (promulgate) a final rule in the Federal Register. The process of proposing regulation and
promulgating a final rule is known as rulemaking. Basic requirements for rulemaking are provided by the Administrative Procedures Act, but these basic
requirements have been supplemented by many laws and Executive Orders (requirements for rulemaking developed by the President).
Once a regulation is completed and has been printed in the Federal Register as a final rule, it is "codified" by being published in the Code of Federal
Regulations (CFR). The CFR is the official record of all regulations created by the federal government. It is divided into 50 volumes, called titles, each of
which focuses on a particular area. Almost all environmental regulations appear in Title 40. The CFR is revised yearly, with one fourth of the volumes updated
every three months. Title 40 is revised every July 1 for publication, and all parts of the CFR are current (to within a few days) on the Government Printing
Office Web site.
EPA administers many environmental laws. The two laws most commonly associated with the regulation of water are the Safe Drinking Water Act (SDWA)
and Clean Water Act (CWA). The SDWA focuses on the protection of human health by enforcing quality requirements on drinking water. The CWA focuses
on the protection of navigable waters of the United States, and is the basis for many regulations regarding the discharge of wastes into waters of the United States.
Regulations under the CWA and SDWA often include Pollutant Limits and Analytical Methods for determining compliance with or these limits.
Pollutant Limits
Pollutant Limits (e.g., levels, criteria) are values that establish the allowable, achievable, and/or objectives for, concentrations of pollutants (contaminants) in
water and wastes. Facilities and operations may fall under State or Federal regulations that require them to measure the concentration of pollutants. If a
measurement shows that a Pollutant Limit is exceeded, the responsible party may be subject to penalties and may be required to take corrective action,
depending upon the underlying law and regulatory enforcement mechanisms.
The following is a list regulatory levels that are included in drinking water regulations, as defined at 40 CFR 141.2, that were developed under the SDWA.
Action level, is the concentration of lead or copper in water specified in ? 141.80(c) which determines, in some cases, the treatment requirements contained in
subpart I of this part that a water system is required to complete.
Maximum contaminant level means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system.
Maximum contaminant level goal or MCLG means the maximum level of a contaminant in drinking water at which no known or anticipated adverse effect
on the health of persons would occur, and which allows an adequate margin of safety. Maximum contaminant level goals are nonenforceable health goals.
Maximum residual disinfectant level (MRDL) means a level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap
without an unacceptable possibility of adverse health effects. For chlorine and chloramines, a PWS is in compliance with the MRDL when the running annual
average of monthly averages of samples taken in the distribution system, computed quarterly, is less than or equal to the MRDL. For chlorine dioxide, a PWS is
in compliance with the MRDL when daily samples are taken at the entrance to the distribution system and no two consecutive daily samples exceed the MRDL.
MRDLs are enforceable in the same manner as maximum contaminant levels under Section 1412 of the Safe Drinking Water Act. There is convincing evidence
that addition of a disinfectant is necessary for control of waterborne microbial contaminants. Notwithstanding the MRDLs listed in ? 141.65, operators may
increase residual disinfectant levels of chlorine or chloramines (but not chlorine dioxide) in the distribution system to a level and for a time necessary to protect
public health to address specific microbiological contamination problems caused by circumstances such as distribution line breaks, storm runoff events, source
water contamination, or cross-connections.
Maximum residual disinfectant level goal (MRDLG) means the maximum level of a disinfectant added for water treatment at which no known or anticipated
adverse effect on the health of persons would occur, and which allows an adequate margin of safety. MRDLGs are nonenforceable health goals and do not
reflect the benefit of the addition of the chemical for control of waterborne microbial contaminants.
Water Quality Standards developed under the CWA are provisions of State or Federal law which consist of a designated use or uses for the waters of the
United States and water quality criteria for such waters based upon such uses. Water quality standards are developed to protect the public health or welfare,
enhance the quality of water and serve the purposes of the Act. CWA Section 304(a) Water Quality Criteria are developed by EPA based on the latest
scientific information on the relationship that the effect of a constituent concentration has on particular aquatic species and/or human health. The Section 304(a)
criteria are guidance to States in developing State Water Quality Criteria, are elements of State water quality standards, expressed as constituent
concentrations, levels, or narrative statements, representing a quality of water that supports a particular use. When criteria are met, water quality will generally
protect the designated use.
Effluent guidelines developed under the CWA are national standards for wastewater discharges to surface waters and publicly owned treatment works
(municipal sewage treatment plants). The standards establish concentrations for pollutants that are discharged in wastewater. EPA issues effluent guidelines
for categories of existing sources and new sources under Title III of the Clean Water Act. Each category represents a particular industry, and the guidelines are
tailored to specific industries to account for the pollutants they generate and the treatment technologies that are available and/or used in a given industry.
Therefore, the standards are technology-based (i.e. they are based on the performance of treatment and control technologies); they are not based on risk or
impacts upon receiving waters.
EPA establishes standards under the CWA for biosolid disposal, which consist of general requirements, pollutant loading limits, management practices, and
operational standards, for the final use or disposal of sewage sludge generated during the treatment of domestic sewage in a treatment works. A Pollutant
Loading Limit is a numerical value that describes the amount of a pollutant allowed per unit amount of sewage sludge (e.g., milligrams per kilogram of total
solids); the amount of a pollutant that can be applied to a unit area of land (e.g., kilograms per hectare); or the volume of a material that can be applied to a unit
area of land (e.g., gallons per acre).
Analytical Methods
EPA approves and recommends analytical methods for use in many of its regulatory compliance monitoring programs. Analytical methods are used to measure
the presence and/or concentration of pollutants (contaminants) in water to determine if pollutant limits are being exceeded. Most EPA approved methods for
monitoring under the CWA are found at 40 CFR Part 136 (methods for the National Pollutant Discharge Elimination System). EPA approved methods for
monitoring under the SDWA are found at 40 CFR Part 141 (methods for the National Primary Drinking Water Regulations) and recommended methods at 40
CFR 143 (methods for National Secondary Drinking Water Regulations).
