Handbook of Solvents - George Wypych - ChemTech - Ventech!

19 Regulations 1293
vents deemed acceptable have been identified for some of these ODS solvents under EPA’s
Significant New Alternatives Policy (SNAP), but other health concerns have limited their
use. Some exemptions to the use of phase out ODS exist for essential uses as long as they are
consistent with the Montreal Protocol (to date, none has been authorized by EPA). 25
The SNAP program was established to control the commercialization of ODS substitutes
and to ensure that such substitutes do not pose greater harm to the environment than
the original chemicals. Through the SNAP program, EPA identifies, classifies, restricts, or
prohibits the use of ODS substitutes.
19.3 WATER LAWS AND REGULATIONS
19.3.1 CLEAN WATER ACT
19.3.1.1 Background
In 1972, Congress enacted the Federal Water Pollution and Control Act (FWPCA), also
known as the Clean Water Act (CWA). 35 The CWA is the primary federal legislation that
regulates the quality of streams, lakes, estuaries, and coastal waters in the U.S. The CWA
has been amended three times: 1977, 1982, and 1987. 36,37,38,39 The CWA is divided into six
titles. Its purpose is to restore and maintain the chemical, physical, and biological integrity
of the Nation’s waters by eliminating the discharge of pollutants into navigable waters or
municipal sewer systems. 39 Waters can become contaminated by pollutants discharged
from point sources, non-point sources, and storm water and by pollutants from the degradation
of wetlands. Point source discharges originate from industrial and sewage treatment
plants while non-point discharges are generated from diffuse sources such as sediment runoff
from construction sites, leaks from faulty septic systems, and fertilizer and herbicide
runoff from agricultural and residential activities. Point sources are “discernable, confined,
and discrete conveyances.” 38 Examples of a point source include pipes, ditches, channels,
tunnels, conduits, discrete fissures, or containers. These sources are regulated and control
through the National Pollutant Discharge Elimination System (NPDES) permit program.
In 1976, EPA’s focus changed from control of conventional pollutants (biological oxygen
demand and suspended solids) to control of toxic pollutants. This shift in EPA’s focus
was the result of a lawsuit in 1976 which resulted in the Flannery Decree and in the 1977
amendments. 36,40 These amendments established a permit program for point source discharges
to focus on 21 major industrial categories and 65 priority pollutants (see Table 19.2
for list of priority pollutant solvents). Today’s list of priority pollutants has been expanded
to include 129 toxic pollutants from 34 industrial categories.
In the 1987 amendments of the CWA, Congress incorporated Section 319 to establish
a national program to control non-point source discharges which provided a regulatory
schedule for storm water. These amendments also established a revolving loan fund for construction
of sewage treatment plants and provided EPA with enhanced enforcement tools. 38
19.3.1.2 Effluent Limitations
Under Title III of the CWA, effluent limitations provide the control conditions for a facility’s
wastewater discharge under an NPDES permit which regulates the quantity and rate of
discharges to navigable waters. Guidelines, called the effluent limitations guidelines, have
been developed to establish technology-based limits for all types of industrial discharges.
Over 50 industry-specific technology-based effluent guidelines have already been promulgated.
40 There are five technology-based treatment standards currently established by the