🪸Environmental Policy and Law Unit 4 – Clean Water Act

What's the Clean Water Act?

• Federal law that regulates water pollution and quality standards in the United States
• Passed by Congress in 1972 as an amendment to the Federal Water Pollution Control Act of 1948
• Aims to protect and restore the chemical, physical, and biological integrity of the nation's waters
• Establishes the basic structure for regulating discharges of pollutants into waters of the United States
• Gives the Environmental Protection Agency (EPA) the authority to implement pollution control programs
• Maintains existing requirements to set water quality standards for all contaminants in surface waters
• Makes it unlawful to discharge any pollutant from a point source into navigable waters without a permit
• Funded the construction of sewage treatment plants under the construction grants program

Why Was It Created?

• Increasing public awareness and concern for controlling water pollution led to enactment
• Recognized the need for federal regulation to maintain and improve water quality
• Aimed to prevent, reduce, and eliminate pollution in the nation's water to protect public health and the environment
• Sought to protect fish, shellfish, wildlife, and recreation in and on the water
• Intended to eliminate the discharge of pollutants into navigable waters by 1985
• Responded to the severe pollution of rivers, lakes, and coastal waters caused by industrial, agricultural, and municipal waste
  • Examples include the Cuyahoga River in Cleveland, Ohio catching fire due to oil and debris pollution
• Addressed the inadequacy of existing state and local regulations to control water pollution effectively
• Recognized the need for federal financial assistance for the construction of waste treatment works

Key Components and Regulations

• National Pollutant Discharge Elimination System (NPDES) permit program
  • Controls point source discharges from industrial facilities, municipal wastewater treatment plants, and stormwater systems
  • Requires permits for any discharge of pollutants from a point source into navigable waters
• Water quality standards and criteria
  • States must establish water quality standards for all contaminants in surface waters
  • EPA sets national recommended water quality criteria for pollutants in surface waters
• Effluent limitations guidelines
  • EPA establishes industry-specific guidelines and standards to control pollutant discharges
  • Includes best practicable control technology (BPT) and best available technology economically achievable (BAT)
• Nonpoint source pollution control
  • Addresses pollution from diffuse sources (agricultural runoff, urban stormwater)
  • Encourages states to develop and implement management programs
• Wetlands protection
  • Regulates the discharge of dredged or fill material into waters of the United States, including wetlands
  • Requires permits from the U.S. Army Corps of Engineers for activities affecting wetlands
• Funding for wastewater treatment infrastructure
  • Provides federal grants and loans for the construction of municipal sewage treatment plants
  • Established the Clean Water State Revolving Fund (CWSRF) program for low-interest loans

Who Enforces It?

• Environmental Protection Agency (EPA) has primary responsibility for implementing and enforcing the Clean Water Act
• EPA sets national standards, guidelines, and criteria for water quality and pollutant discharges
• EPA delegates authority to states to administer NPDES permit programs and other provisions
  • States must meet or exceed federal requirements
  • EPA retains oversight and enforcement authority
• U.S. Army Corps of Engineers plays a key role in wetlands protection and permitting
• Coast Guard enforces regulations related to marine pollution and oil spills
• Department of Justice prosecutes civil and criminal cases for violations of the Clean Water Act
• Citizens can file lawsuits against polluters or government agencies for failing to enforce the law

Major Impacts and Outcomes

• Significant improvements in water quality across the United States since 1972
  • Reduced pollution from point sources (industrial facilities, wastewater treatment plants)
  • Increased number of waters meeting water quality standards for swimming, fishing, and drinking
• Increased public awareness and engagement in water quality issues
• Expanded funding for wastewater treatment infrastructure
  • Billions of dollars invested in constructing and upgrading sewage treatment plants
  • Improved sanitation and public health in communities nationwide
• Enhanced protection of wetlands and aquatic habitats
  • Slowed the loss of wetlands due to development and other activities
  • Preserved critical habitats for fish, wildlife, and ecosystem services
• Spurred technological innovations in water treatment, monitoring, and pollution control
• Influenced the development of similar water protection laws in other countries

Challenges and Controversies

• Ongoing challenges with nonpoint source pollution (agricultural runoff, urban stormwater)
  • Difficult to regulate and control compared to point source discharges
  • Remains a significant contributor to water quality impairments
• Debates over the scope of "waters of the United States" and federal jurisdiction
  • Supreme Court decisions (SWANCC v. U.S. Army Corps of Engineers, Rapanos v. United States) have created uncertainty
  • Proposed revisions to the definition have been controversial and legally challenged
• Concerns about the costs and burdens of compliance for businesses and municipalities
• Inadequate funding for wastewater treatment infrastructure and enforcement
• Emerging contaminants (pharmaceuticals, microplastics) not fully addressed by current regulations
• Climate change impacts on water quality and the effectiveness of the Clean Water Act
  • Increased frequency and intensity of storms, droughts, and sea-level rise
  • Potential need for adaptive management and resilience strategies

Recent Updates and Changes

• Clean Water Rule (2015) aimed to clarify the definition of "waters of the United States"
  • Expanded federal jurisdiction over streams, wetlands, and other water bodies
  • Faced legal challenges and was later repealed by the Trump administration
• Navigable Waters Protection Rule (2020) replaced the Clean Water Rule
  • Narrowed the scope of federally protected waters, removing protections for some wetlands and streams
  • Criticized by environmental groups for reducing water quality protections
• Executive Order 13990 (2021) directed EPA and Army Corps to review and revise the definition of "waters of the United States"
  • Aims to restore protections similar to pre-2015 regulations and the Clean Water Rule
  • Rulemaking process is ongoing, with public input and stakeholder engagement
• Increased focus on environmental justice and equitable access to clean water
  • Addressing disproportionate impacts of water pollution on low-income and minority communities
  • Investing in water infrastructure and pollution control in underserved areas

How It Affects You

• Ensures access to clean, safe water for drinking, recreation, and other uses
  • Protects public health by reducing exposure to waterborne contaminants and diseases
  • Enhances quality of life and economic opportunities in communities with clean water
• Affects the cost of water and wastewater services
  • Compliance with regulations may increase treatment costs and user fees
  • Funding programs help offset costs and support infrastructure improvements
• Influences land use and development decisions near water bodies
  • Permits required for activities that discharge pollutants or impact wetlands
  • May restrict or guide development to protect water quality and aquatic habitats
• Provides opportunities for public participation and engagement
  • Public comment periods on proposed regulations, permits, and water quality standards
  • Citizen suit provisions allow individuals to enforce the law and hold polluters accountable
• Encourages individual actions to protect water quality
  • Proper disposal of household hazardous wastes, pet waste, and yard chemicals
  • Supporting local watershed protection efforts and best management practices