oPEN cOMMENT pERIODS

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Protect Your Water with the Clean Water Act Owner’s Manual, 3rd Edition

The Clean Water Act became law in 1972 . To commemorate the milestone of this landmark legislation and mark the continued resolve to protect waterways across our country, River Network has updated their transformational Clean Water Act Owner’s Manual. Visit River Network’s website for more information.

+ General Public Comment Opportunities

These links provide general information about how to participate in decision-making processes at these agencies. Each entity has a slightly different structure for public participation - some include informal advisory groups and others include required review by a legislatively defined entity. The comment links direct you to a webpage that provides information about current proposed rules and regulations for which the public comment period is still open.

+ WATER QUALITY STANDARDS AND REPORTING

Under the Clean Water Act, states are required to submit a Triennial Review and an Integrated Report to the EPA. States are required to have comment periods for both reports to allow for the public to weigh in before they are finalized. Groups may also submit their own data, in accordance with submission guidelines, to the state to help guide their decisions.

For the Triennial Review, each state is supposed to review its water quality standards every three years. It appears that states within the Delaware River Basin do not publish a report every three years documenting their review of water quality standards, but only document the review process when changes are proposed to the standards. This makes the timing of public input a little unpredictable, which is why it’s important to subscribe to your state’s list serve for updates. The links below have information on existing water quality standards and previous Triennial Reviews. Note it is also possible to request that a water quality standard be reviewed or a new standard to be developed for emerging pollutants.

For the Integrated Report, states are required to report on the water quality of all water bodies (305(b) list) to the EPA, as well as provide a list of all waters that are attaining or not attaining (impaired, 303(d) list) their designated uses. All waters throughout the Delaware River Basin, with the exception of one stretch of the Delaware River main stem, are designated for fishing and swimming. All Integrated Reports are due April 1st of even numbered years. Keep an eye out of your state’s report around that time, and if you don’t see it – ask them where it’s at! You can find more information and previous Integrated Reports through the links below.

These links provide information about the process to change the designated use of a water body by seeking an upgrade to a designated use that requires high water quality or downgrading the designed use to a lesser water quality. If you are aware of a waterbody that has an existing use not protected under its designated use, take action and let your state know. Often times the community, those that use these waterbodies, have a better understanding of what’s going on in the waterway than the agency required to protect it.

These links provide information about the process to change the designated use of a water body by seeking an upgrade to a designated use that requires high water quality or downgrading the designed use to a lesser water quality.

+ Permitting

National Pollutant Discharge Elimination System

NPDES permits regulate the amount of point source pollution that can legally be discharged into the water of the Delaware River. There are general permits, typically involving the discharge of stormwater related to an industrial or construction activity, and individual permits for those discharges not covered under the general permit. No permit can exceed five years. For new permits, or permit renewals, the public has the ability to comment on the draft permit and can even request a public hearing. The links below vary greatly in terms of the information available. You may need to contact the agency directly for more specific information about a particular facility's permit. The EPA Echo website provides information about notices of violations of NPDES permits at specific facilities.

Construction Stormwater

These links provide information about each state's general permit for construction stormwater. Many construction projects qualify for coverage under the general permit, meaning that there will not be specific information publicly available about the project and there will not be a public notice and comment period about the water quality impacts of the project resulting from construction activities. These permits will be up for renewal every five years. You can look up a general permit using the links below, and set a reminder for when they will expire/renew so you can be ready to comment on a new draft permit. In the meantime, if you notice a construction site is not managing its stormwater properly (muddy runoff, collapsing silt fences, etc.), contact your local conservation district or state agency.

Industrial Stormwater

These links provide information about the multi-sector general permit for industrial stormwater. Again, many activities fall under this general permit so projects covered by the general permit will not be subject to the public notice and comment period. The kinds of activities covered by the general permit include emergency firefighting discharges, certain building and pavement washing, and irrigation drainage. These permits will be up for renewal every five years. You can look up a general permit using the links below, and set a reminder for when they will expire/renew so you can be ready to comment on a new draft permit.

Total Maximum Daily Loads

These links provide information on Total Maximum Daily Loads, or TMDLs, according to state or EPA region. A TMDL is the maximum amount of a single pollutant that can enter a waterbody while still meeting water quality standards. All waterbodies that are listed as impaired under the Integrated Report’s 303(d) list are required to develop TMDLs for each pollutant that exceeds water quality standards. If there is a new TMDL being drafted for a listed waterway, you can get involved by providing data and other pertinent information, commenting on the draft, and even assist in the development of the TMDL. If there is an impaired water without a TMDL, talk to your state and ask them when they plan on developing one.

While the links vary, they generally provide information on developing TMDLs and state specific calculations.

Other Water Permits

There may be other water permits that might be of interest to your group, such as wetland permits. These links provide some information about other water permits.

This web page was created in collaboration with River Network.

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