Helena Joyce
Water pollution is a pressing issue that has been addressed through various laws and regulations. The Clean Water Act (CWA), enacted in 1972, is a key piece of legislation in the United States that establishes standards for regulating discharges of pollutants into waterways and sets quality standards for surface waters. The CWA, built upon the Federal Water Pollution Control Act of 1948, has been controversial, with debates around its effectiveness and efficiency. The Environmental Protection Agency (EPA) plays a crucial role in implementing the CWA, monitoring water quality, and enforcing regulations. While the CWA has led to improvements, challenges remain, and there are calls for updated legislation to address emerging water pollution concerns, such as PFAS chemicals and climate change-related disasters.
| Characteristics | Values |
|---|---|
| Name of the Law | Federal Water Pollution Control Act (FWPCA) |
| Year of Enactment | 1948 |
| Year of Amendment | 1972 |
| Common Name | Clean Water Act (CWA) |
| Year of Last Amendment | 1990 |
| Objective | To restore and maintain the chemical, physical, and biological integrity of the nation's waters |
| Administering Body | U.S. Environmental Protection Agency (EPA) |
| Coordination | State Governments |
| Types of Pollutants | Conventional, Toxic, and Non-Conventional |
| Examples of Toxic Pollutants | Disease-causing agents, chemicals, minerals (arsenic, radon, uranium), fertilizers, pesticides |
| Enforcement | Minimum fine of $2,500 for the first offense of criminal negligence, with a maximum of $25,000 per day of violation |
| Maximum fine of $50,000 per day for a second offense | |
| Fine of up to $250,000 and/or imprisonment of up to 15 years for individuals, or a fine of up to $1,000,000 for organizations, for knowing endangerment violations | |
| Up to $66,712 per violation per day for civil violations | |
| Related Acts | Water Infrastructure Finance and Innovation Act of 2014 (WIFIA), Safe Drinking Water Act, Resource Conservation and Recovery Act, Superfund Act |
What You'll Learn
The Clean Water Act
The CWA establishes the basic structure for regulating discharges of pollutants into US waters and sets quality standards for surface waters. It made it unlawful for any person to discharge any pollutant from a point source into US waters without obtaining a National Pollutant Discharge Elimination System (NPDES) permit from the EPA. The EPA issues technology-based effluent guidelines under the CWA, establishing discharge standards based on available and economically achievable treatment technologies. The Act also provides funding for the construction of sewage treatment plants and addresses critical problems posed by nonpoint source pollution.
The CWA has been amended several times since its enactment, with major changes introduced through amendatory legislation, including the Clean Water Act of 1977 and the Water Quality Act (WQA) of 1987. The Oil Pollution Act of 1990 (OPA 90) is another important amendment that strengthened the CWA by increasing penalties for non-compliance, broadening the federal government's response and enforcement authorities, and preserving state authority in oil spill prevention and response.
The CWA also includes provisions for enforcement and penalties. For criminal negligence, the minimum fine is $2,500 per day of violation, up to a maximum of $25,000, and violators may face up to a year in jail. Fines and imprisonment penalties increase for second offences and knowing endangerment violations. The EPA can also seek civil penalties of up to $66,712 per violation per day.
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Water pollution sources
Water pollution is caused by a variety of factors, including human activities and natural processes. Here are some of the key sources of water pollution:
Human Activities
Human activities that generate domestic sewage and toxic waste are major contributors to water pollution. This includes improper waste disposal, such as untreated wastewater from industrial plants and chemical process facilities and agricultural activities. Oil spills, such as those from roads and parking lots, and offshore oil and gas activities, are another significant source of water pollution, with devastating impacts on ecosystems.
Agricultural Activities
Agricultural practices can contaminate water through the use of herbicides, pesticides, and fertilizers. When it rains, these chemicals can be washed into nearby water bodies, leading to pollution. Additionally, agricultural stormwater discharges and irrigation return flows can contribute to water pollution, although they were specifically exempted from permit requirements in the Clean Water Act.
Industrial Operations
Industrial operations, including power plants, can discharge toxic chemicals and waste into water sources, contributing to pollution. This includes improperly disposed of wastewater containing lead, mercury, and chromium. Industrial stormwater discharges and urban runoff, which may contain oil, antifreeze, and other pollutants, can also pollute water sources.
Sewage Treatment
Sewage treatment processes can be a source of water pollution, particularly during heavy rains or storms when untreated sewage can overflow and enter water bodies. Combined sewer systems, which collect sewage from domestic, commercial, and industrial sources, can contribute to this issue.
Natural Processes
Natural processes, such as mineral-rich geologic formations, can also contribute to water pollution. Additionally, nonpoint source pollution, which comes from multiple dispersed sources, can include eroded soil and sediment, as well as runoff from agricultural fields, cities, and abandoned mines.
It is important to address these sources of water pollution to protect human health, the environment, and the economy, all of which can be negatively impacted by polluted water.
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EPA's National Pollutant Discharge Elimination System
Water pollution is regulated by the Clean Water Act, which is the primary federal law in the United States governing water pollution. The Environmental Protection Agency (EPA) implements pollution control programs and develops national water quality criteria recommendations for pollutants in surface waters.
The EPA's National Pollutant Discharge Elimination System (NPDES) permit program addresses water pollution by regulating point sources that discharge pollutants into US waters. The NPDES permit program was created in 1972 by the Clean Water Act and is authorized to state governments by the EPA to carry out permitting, administrative, and enforcement aspects of the program.
The NPDES program authorizes point source discharges of pollutants and works with state programs, which issue and provide compliance for most NPDES permits. The program offers various types of technical assistance, including resources for permit writers, training, and tools, as well as regulatory navigation and assistance with developing and implementing NPDES permits. The NPDES Permit Writers' Clearinghouse is a web-based portal that contains links to permit language, templates, and other resources shared by permit writers.
The NPDES program identifies information and tools that may assist permit writers and permittees in implementing pollution control programs, especially in the face of climate-related challenges such as intense precipitation, floods, droughts, rising temperatures, and rising sea levels. For example, the SWToolbox was created to help manage wastewater discharges and protect water quality under changing conditions.
The EPA has a goal to reduce significant noncompliance with individual NPDES permits, as nearly 11,000 facilities exceeded their permit limits and illegally discharged pollutants in 2018. However, the data reported by states and facilities to track compliance is incomplete and contains errors, making it difficult to assess progress toward this goal.
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Water quality standards
Clean Water Act (CWA) and Water Quality Standards
The CWA, enacted in 1972, serves as the primary federal law in the United States for addressing water pollution. It aims to restore and maintain the chemical, physical, and biological integrity of the nation's waters. The CWA empowers the Environmental Protection Agency (EPA) to implement pollution control programs and set wastewater standards for industries.
Water Quality Criteria and Designated Uses
Water quality criteria are the foundation of water quality standards. These criteria identify safe levels of pollutants and set conditions to protect designated uses of water bodies. Designated uses can include fishing, swimming, drinking water supply, and supporting aquatic life. States and authorized tribes play a crucial role in developing and revising water quality standards relevant to their specific local conditions. The EPA is responsible for reviewing and approving these standards before they are implemented for purposes such as discharge permitting and assessing water body quality.
Enforcement and Compliance
To ensure compliance with water quality standards, municipalities, industries, and other water dischargers are required to obtain water quality permits. The CWA prohibits the discharge of pollutants from a point source into US waters without a National Pollutant Discharge Elimination System (NPDES) permit. The EPA issues technology-based effluent guidelines and establishes discharge standards that are economically achievable. Direct dischargers, such as OCS operators, must adhere to effluent limitations guidelines and new source performance standards in their NPDES permits.
Funding and Support
The CWA recognizes the primary responsibility of states in addressing pollution and provides funding assistance. The Clean Water State Revolving Fund (CWSRF) program, authorized in 1987, provides federal funds to states and Puerto Rico to support local governments in improving wastewater treatment, controlling nonpoint source pollution, and protecting estuaries. The EPA also established the Water Infrastructure and Resiliency Finance Center to assist local governments in designing innovative financing mechanisms for water infrastructure projects.
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Water infrastructure
The CWA's National Pollutant Discharge Elimination System (NPDES) permit program controls discharges from point sources such as pipes or man-made ditches. Industrial, municipal, and other facilities must obtain NPDES permits if their discharges go directly into surface waters. The EPA has also developed national water quality criteria recommendations for pollutants in surface waters.
The CWA was first enacted in 1948 as the Federal Water Pollution Control Act and was significantly reorganized and expanded in 1972. The 1972 amendments set goals for water quality, aiming to make all US waters fishable and swimmable by 1983. While there has been a dramatic decrease in pollution levels since the passage of the 1972 Act, these specific goals have not yet been achieved.
To support water infrastructure projects, Congress passed the Water Infrastructure Finance and Innovation Act (WIFIA) of 2014, providing an expanded credit program with broader eligibility criteria. The EPA established the Water Infrastructure and Resiliency Finance Center in 2015 to assist local governments and municipal utilities in designing innovative financing mechanisms, including public-private partnerships.
The CWA has been subject to various amendments and updates over the years, including the Oil Pollution Act of 1990, which strengthened requirements for contingency planning and increased penalties for non-compliance. While the CWA has been influential in reducing water pollution, some critics argue that it has not effectively addressed emerging water pollution challenges, and there is ongoing discussion about the need for further updates to US clean water laws.
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Frequently asked questions
The Clean Water Act is a US federal law that establishes the basic structure for regulating the discharge of pollutants into bodies of water in the US and sets quality standards for surface waters. The basis of the CWA was enacted in 1948 as the Federal Water Pollution Control Act, but the Act was significantly reorganised and expanded in 1972.
The Act requires the Environmental Protection Agency (EPA), along with states, tribes, and territories, to monitor the quality of US lakes, rivers, streams, estuaries, and other water bodies. The EPA and states must also list bodies of water that are impaired by pollutants and plan for cleaning them up.
The NPDES permit program controls discharges from point sources such as pipes or man-made ditches. Industrial, municipal, and other facilities must obtain permits if their discharges go directly into surface waters.
Toxic pollutants are pollutants or combinations of pollutants, including disease-causing agents, that after discharge and exposure, ingestion, inhalation or assimilation into any organism, will cause death, disease, cancer, genetic mutations, physiological malfunctions, or physical deformations in such organisms or their offspring.
It is uncertain whether the Clean Water Act has been effective. While the levels of pollution in the US have decreased dramatically since the passage of the Act in 1972, more than half of US stream and river miles, about 70% of lakes, ponds, and reservoirs, and 90% of surveyed ocean and near coastal areas continue to violate water quality standards.
