D-BASED
NRDES PERMITTING:
RETHINKING PERMITTING AS USUAL
WHAT 15 WATERSHED-BASED NPDES PERMITTING?
Watershed-based NPDES permitting is an approach to developing NPDES permits for multiple point sources located within a
defined geographic area (i.e., watershed boundaries). Through this approach, NPDES permitting authorities consider watershed
goals and the impact of multiple pollutant sources and stressors, including nonpoint source contributions. This approach can
encompass a wide variety of activities, from synchronizing permit issuance within a watershed to developing water-quality based
effluent limits for a group of point sources, aimed at achieving new efficiencies and environmental results.
WHAT ARE POSSIBLE WATERSHED-BASED PERMITTING APPROACHES?
Every watershed is different and requires customized solutions to protect and restore water quality. One size-fits all
approaches go against this basic premise of watershed management. Watershed-based NPDES permitting recognizes the need
for watershed-specific solutions and does not prescribe one approach. Instead, it provides several possible approaches to serve
as examples and generate ideas. Examples of possible approaches include the following:
• Watershed-Based Individual Permit-Multiple Permittees. This is a single NPDES permit that
would cover multiple sources in the same watershed, or implement a Total Maximum Daily Load
(TMDL) or watershed plan. Would allow several point sources within a watershed to apply for
and obtain coverage under the same permit.
• Watershed General Permits. This approach relies on
general permitting and would be similar to many existing
general permits except that the watershed boundary defines
eligibility for coverage or applicability of certain conditions
(e.g., monitoring).
• Integrated Municipal Permits. This approach bundles all point
source requirements for a municipality into a single NPDES
permit. It may or may not reflect watershed boundaries.
WHY WATERSHED-BASED
NPDES PERMITTING?
Recent studies of the nation's waters reveal that nearly half of the
water bodies assessed are not meeting water quality standards,
and that point source discharges are a contributing factor in many
of these impaired waters. Where conditions are right for this
approach, watershed-based NPDES permitting may successfully
address these remaining water quality problems and produce
further water quality improvements. In addition to environmental
results, other possible benefits of watershed-based permitting
approaches may include:
•Integration of other watershed protection programs under the
Clean Water Act and the Safe Drinking Water Act
•Targeted and maximized use of resources to achieve
environmental results
•Increased and coordinated public involvement in the
permitting process
•Cooperation and collaboration among point source dischargers
and other key stakeholders within the watershed
•Opportunities for water quality trading and other market-
based strategies for meeting water quality standards.
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IS WATERSHED-BASED
PERMITTING HAPPENING?
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OREGON: WASHINGTON
COUNTY'S SPECIAL SERVICE
DISTRICT EVALUATING BENEFITS
AND ISSUES OF WATERSHED-
BASED PERMITTING
In the Tualatin River watershed, both TMDLs and
endangered species issues are primary concerns. Clean
Water Services is responsible for wastewater and surface
water management in urban Washington County, which
translates into numerous permits and requirements
under the NPDES program. Under a multi-year pilot
project, Clean Water Services is evaluating the technical,
stakeholder, regulatory and legal issues surrounding the
development of a watershed-based NPDES permitting
approach that will result in a permit that covers multiple
point sources. Two outcomes of the pilot project are
an interim permit that will allow development of a
watershed-based permitting framework and a 5-year
project work plan to coordinate requirements under the
Clean Water Act, the Endangered Species Act, and the Safe
Drinking
Water Act.
COLORADO: SELENIUM STAKEHOLDERS
COLLECT DATA FOR STANDARDS IN THE
SOUTH PLATTE RIVER
During the triennial review process in 2000, the Colorado
Department of Public Health and Environment (CDPHE)
proposed lowering the chronic selenium standard. This lowered
standard would make compliance with NPDES water-quality
based effluent limits challenging for point sources given current
technological limitations for selenium removal and nonpoint source
contributors. Conoco Inc. convened a stakeholder group of point
sources that discharge to the South Platte River and
its tributaries to discuss potential impacts of changing
the selenium standards within this watershed. Based
on data presented by the Selenium Stakeholder group
during the Triennial Review hearings, the state granted
a three-year Temporary Modification for a portion
of this watershed to allow for additional monitoring
to better understand the sources of selenium and
determine site-specific selenium criteria. This study,
now in its third year of implementation, has facilitated
the collection of a large amount of quality data which
can be used to develop and implement TMDLs in the future at a
significant cost savings to the group.
CONNECTICUT: MULTIPLE POTWS
IN LONG ISLAND SOUND REDUCING
NITROGEN UNDER ONE PERMIT
In the summer, excessive nitrogen loading causes low
dissolved oxygen (DO) in bottom waters of western
Long Island Sound. The States
of Connecticut and New York
have established a 2014 goal to
reduce nitrogen loads and have
formalized a nitrogen reduction
program through a TMDL.
To help achieve this goal,
the Connecticut Department
of Environmental Protection
(CTDEP) developed and issued
an NPDES permit addressing nitrogen discharges to
79 publicly-owned treatment works (POTWs) that
discharge at least 20 pounds of total nitrogen (TN) per
day to Long Island Sound. Existing individual permits
held by the POTWs continue to regulate other pollutants
and protect against localized impacts. Reductions in TN
close to the low DO impact zone in the Long Island
Sound are more "valuable" than TN reductions from
more distant sources in the Sound; this disparity in
credit value promotes trading through the Nitrogen
Credit Exchange program. The ultimate measure of
success in this watershed-based permitting approach is
meeting, or exceeding, the nitrogen reduction schedule
in the TMDL; as of 2002, the nitrogen reductions are
several years ahead of projections.
I'houi; Courtesy. NCUENK-DWQ.
NORTH CAROLINA: POINT SOURCES FORM THE NEUSE
RIVER COMPLIANCE ASSOCIATION
Nutrient impacts led to TMDLs and the Neuse River Basin Nutrient Sensitive Waters
Management Strategy. To meet the Strategy's 30 percent total nitrogen reduction goal, public
and private entities in the basin that hold individual NPDES permits formed the Neuse River
Compliance Association. The North Carolina Department of Environment and Natural
Resources (NCDENR) issued an individual watershed-based permit with multiple permittees,
called a group compliance permit, to the members of the Association.
Dischargers participating in the Association keep their existing individual
permits, but are subject to the TN limits in the group compliance permit.
The TN limit in this permit is the sum of all TN loads for each of the
Association members, established and allocated through the TMDL. If
Association membership changes, the Association's TN allocation changes
accordingly. The Association serves as the point of contact between the
members and NCDENR and conducts activities for the group such as
reporting. The group compliance permit does not contain any monitoring
requirements; members of the Association adhere to the monitoring
requirements contained in their existing individual permits.
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HOW 15 EPA PROMOTING THIS APPROACH?
Watershed-based NPDES permitting is gaining momentum and EPA is committed to accelerating this approach through a variety
of actions focused on education and technical assistance, as stated in the January 2003 Watershed-Based NPDES Permitting Policy
Statement. EPA has conducted activities such as compiling research and background information on watershed-based NPDES
permitting, identifying and analyzing existing examples of this approach, and creating case study fact sheets. In addition, EPA has
committed to developing guidance on implementation and technical issues surrounding watershed-based NPDES permitting.
Where there is an interest in using this approach, EPA can help to initiate efforts by acting as a facilitator or identifying
funding opportunities.
WHAT RESOURCES ARE AVAILABLE?
To date, EPA has generated several resources to educate stakeholders on the watershed-based NPDES permitting approach. EPAs
web site is the primary resource for obtaining information on this approach, including:
• Watershed-Based Permitting Under the NPDES Program: A Summary of Related Background Information.
A compilation and summary of past research, policies, memos and case studies.
• Potential Partners in Promoting Watershed-Based Permitting: An Analysis of Watershed Organizations. An analysis
of 29 watershed organizations to identify the various roles that they can play in this permitting approach based on existing
organizational goals and activities.
• Watershed-Based NPDES Permitting Policy Statement. Policy signed by Assistant Administrator for Water, G. Tracy
Mehan III on January 7,2003, that demonstrates the Agency's significant level of support for this approach.
• Committing EPA's Water Program to Advancing the Watershed Approach. Memo from EPAs Assistant Administrator
for Water, G. Tracy Mehan III on December 3,2002 that addresses steps the Office of Water will take to demonstrate
renewed commitment to the watershed approach, including accelerating efforts to issue permits on a watershed-basis.
• Watershed-Based NPDES Permitting Case Studies. Series of fact sheets that present an overview of existing watershed-
based NPDES permitting activities around the country.
Resources that EPA will make available in the near future include an implementation guidance manual, a technical guidance
manual, and training opportunities.
WHAT IS THE PROCESS?
The process used to generate NPDES permits under a watershed
approach will vary from watershed to watershed. There are basic
steps that stakeholders involved in the process can use as a starting
point. Stakeholders should tailor this process to fit the needs of the
watershed.
Step One: Select a watershed and determine boundaries.
Step Two: Identify stakeholders and facilitate their participation.
Step Three: Assess water quality conditions of the watershed.
Collect and analyze data for permit development.
Step Four: Develop watershed-based permit conditions and
documentation.
Step Five: Issue watershed-based permit(s).
Step Six: Measure and report progress.
WHERE DO STAKEHOLDERS FIT IN?
A wide variety of stakeholders can affect, and are affected by, watershed
management decisions. As in any watershed effort, it is imperative
to identify and involve stakeholders in watershed-based NPDES
permitting early on in the process. Every step in the watershed-based
NPDES permitting process contains an opportunity for stakeholders
to participate! Stakeholders such as the NPDES permitting authority
and point sources may initiate and facilitate the overall process. Other
stakeholders, such as local watershed organizations and residents, may
contribute data and information or provide input on the technical
process. Every watershed-based permitting approach is different;
therefore, the type of stakeholder involvement will vary.
WHERE CAN I FIND
MORE INFORMATION?
For more information on watershed-based
NPDES permitting, visit EPAs web site at
www.epa.gov/npdes/watersheds.
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EPA-833-F-03-004
May 2003
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