Watershed Protection Plan - Lower Rio Grande Valley Development ...

APPENDICES
APPENDIX G
List of Federal and State Legislation and Programs Related to the Arroyo Colorado
Watershed Protection Plan
Federal Legislation
National laws form the basis for the federal regulations governing the use of natural resources. Listed below
are a selected set of important national laws with implications for natural resource management in the
Arroyo Colorado watershed.
Clean Water Act (CWA)
The Federal Water Pollution Control Act Amendments (1972) (as amended, the Clean Water Act)
stipulate broad national objectives to restore and maintain the chemical, physical and biological integrity
of the Nation’s waters. In addition, the amendments signifi cantly expand provisions related to pollutant
discharges. These include requirements that limitations be determined for point sources that are consistent
with state water quality standards, procedures for state issuance of water quality standards, development
of guidelines to identify and evaluate the extent of non-point source pollution, water quality inventory
requirements, as well as development of toxic and pretreatment effl uent standards.
Section 303(d) of the CWA requires all states to identify waters that do not meet, or are not expected to
meet, applicable water quality standards. For each listed water body that does not meet a standard, states
must develop a TMDL for each pollutant that has been identifi ed as contributing to the non-attainment of
water quality standards in that water-body. The TCEQ is the agency of the State of Texas responsible for
ensuring that all waters of the state are in compliance with applicable Surface Water Quality Standards and
that TMDLs are implemented to address pollutants responsible for non-attainment of surface water quality
standards in a water body of the state.
Section 402 of the 1972 amendments established the National Pollutant Discharge Elimination System
(NPDES) to authorize USEPA issuance of discharge permits program to control water pollution by
regulating discharge of pollutants into waters of the United States. Industrial, municipal and other facilities
must obtain NPDES permits if their discharges go directly to surface waters. In Texas, the permit program
is administered by the Texas Commission on Environmental Quality. Since its introduction in 1972, the
NPDES permit program is responsible for signifi cant improvements to water quality.
Section 404 of the CWA regulates the discharge of materials into “waters of the U.S.,” which have
historically been interpreted to include wetlands. Filling of any waters of the U.S. requires a permit and
mitigation to replace the function and value of the affected waters. Section 404 authorizes the U.S. Army
Corps of Engineers to issue permits for the discharge of dredged or fi ll material into navigable waters at
specifi ed disposal sites. Applicants for federal permits or licenses for activities involving discharges into
navigable waters are required to provide a state certifi cation that the proposed activity will not violate
applicable water quality standards. In Texas, the Texas Commission on Environmental Quality administers
the 401 water certifi cation program for most permit actions. The Texas Railroad Commission administers
the program for discharges related to oil and gas exploration and development activities. The Environmental
Protection Agency is given oversight authority that includes the ability to prohibit the use of a site as a
disposal site based on a determination that discharges would have an unacceptable adverse effect on
municipal water supplies, shellfi sh beds and fi shery areas, wildlife or recreational uses.
January 2007 181 Arroyo Colorado Watershed Protection Plan