Water Pollution Laws: Effective Or Just A Drop In The Ocean?

Water pollution has been a pressing issue for decades, with growing public awareness and concern for controlling water pollution leading to sweeping amendments in the 1970s. The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution and has been effective in reducing pollution levels in the country's waterways. However, with emerging threats such as stormwater runoff and the impacts of a changing climate, it is important to evaluate the effectiveness of water pollution laws and identify areas where stronger action may be needed. This includes addressing nonpoint sources of pollution, such as runoff from farms, yards, and paved areas, which is the leading cause of water pollution today.

The Clean Water Act (CWA)

The CWA has been successful in reducing pollution from specific sources. For example, before the CWA, counties would dispose of raw human waste into waterways, but the Act implemented wastewater treatment protocols that have significantly reduced sewage pollution. The CWA has also funded approximately 35,000 grants totaling $1 trillion towards curbing water pollution, resulting in 700 billion pounds of pollution being diverted from America's rivers. The number of waters that meet clean water goals has doubled since 1972, and many previously polluted rivers have made great strides toward recovery.

However, the CWA has been less effective at managing nutrient levels from nonpoint source pollution, which includes fertilizer runoff, insecticide runoff, and animal waste. Nonpoint source pollution is a significant problem for clean water, as it can make water unusable and undrinkable. While the CWA requires permits for pollution discharged from point sources, nonpoint source pollution does not have the same regulatory framework and relies largely on voluntary measures.

The EPA has implemented pollution control programs and set wastewater standards for industries, but there is a consensus that stronger actions and regulations are needed to address nonpoint source pollution effectively. The discovery of widespread pollution by persistent chemicals called PFAS has also raised concerns, as these chemicals do not break down in the environment and can accumulate in ecosystems and human bodies.

Overall, while the CWA has made significant progress in reducing water pollution and improving water quality, there are still areas, such as nonpoint source pollution, that require further action and strengthened regulations to fully achieve the Act's goals.

The Federal Water Pollution Control Act

The basis of the FWPCA was enacted in 1948, but it was significantly reorganised and expanded in 1972. The Act establishes the basic structure for regulating discharges of pollutants into US waters and sets quality standards for surface waters. Under the CWA, the Environmental Protection Agency (EPA) has implemented pollution control programs, such as setting wastewater standards for industry and developing national water quality criteria recommendations for pollutants in surface waters.

The CWA made it unlawful to discharge any pollutant from a point source into navigable waters without a permit. EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls these discharges. The Act also requires the EPA, along with states, tribes, and territories, to monitor the quality of US lakes, rivers, streams, estuaries, and other water bodies. They are also required to list impaired water bodies and plan for cleaning them up.

Since the passage of the 1972 Act, pollution levels in the United States have experienced a dramatic decrease, resulting in much cleaner waterways than before. However, there are still pollution problems that remain. For example, a 2017 EPA report states that only about half of US waters have been assessed, meaning the status of the other half is unknown. This has changed little since a 2013 review. In addition, while the sources of pollution that led to the severe pollution of many lakes, rivers, and streams have largely been addressed, threats from more dispersed sources, such as stormwater runoff, will require further action.

To address these issues, the EPA has funded projects to protect watersheds and reduce the types and amounts of pollutants in runoff. However, it has been argued that the EPA needs to take stronger actions, such as issuing new regulations, to address nonpoint sources of pollution.

The Water Quality Act (WQA)

One of the key provisions of the WQA was the creation of the Clean Water State Revolving Fund (CWSRF) program. This program provided federal funds to states and Puerto Rico to capitalize revolving funds that offer financial assistance (in the form of loans or grants) to local governments for wastewater treatment, nonpoint source pollution control, and estuary protection. The CWSRF offered loans at lower-than-market rates, with an average interest rate of 1.4% in 2017, compared to a market rate of 3.5%. This financial assistance helped local governments improve their wastewater treatment infrastructure and protect water sources. In 2017, the CWSRF provided a total of $7.4 billion in assistance to 1,484 local projects across the country, demonstrating its significant impact.

The WQA also expanded the National Pollutant Discharge Elimination System (NPDES) permit program to cover stormwater discharges. Under the NPDES program, it is unlawful to discharge pollutants from a point source into navigable waters without a permit. The expansion of this program to include stormwater discharges helped regulate and control the quality of water entering US water bodies. Additionally, the WQA instructed the Environmental Protection Agency (EPA) to develop guidelines for the usage and disposal of sewage sludge or biosolids. These guidelines ensured that sewage sludge was properly managed and disposed of, reducing the risk of water contamination.

Furthermore, the WQA transitioned to a revolving loan program in Title VI, where industrial and other private facilities were required to finance their own treatment improvements based on the "polluter pays" principle. This shift aimed to hold polluters accountable and encourage them to invest in improving their treatment processes. The WQA also played a role in the development of Uniform National Discharge Standards (UNDS) for military vessels, with the EPA and the Department of Defense publishing these standards in 2017 and 2020.

Overall, the Water Quality Act of 1987 was a significant step forward in the United States' efforts to improve water quality and reduce water pollution. By providing financial assistance, regulating discharges, and establishing guidelines for sewage sludge disposal, the WQA built upon the foundation laid by the Clean Water Act and contributed to cleaner waterways and improved environmental conditions.

The Safe Drinking Water Act

The SDWA authorises the Environmental Protection Agency (EPA) to establish minimum standards to protect tap water and requires public water system owners and operators to comply with these primary (health-related) standards. These standards, known as National Primary Drinking Water Regulations (NPDWRs), include mandatory requirements such as Maximum Contaminant Levels (MCLs) and Treatment Techniques (TTs). As of 2019, the EPA has issued 88 standards for microorganisms, chemicals, and radionuclides.

Amendments to the SDWA have strengthened its effectiveness over time. For example, the 1996 amendments require the EPA to consider detailed risk and cost assessments and the best available peer-reviewed science when developing standards. The SDWA has also been amended to address specific health concerns associated with drinking water, such as microbial contaminants, byproducts of drinking water disinfection, radon, arsenic, and vulnerable groundwater sources. As a result, the number of contaminants regulated under the SDWA has increased significantly since its introduction.

However, the SDWA has faced criticism for its limited scope and enforcement challenges. Despite the EPA's efforts, millions of Americans still lack access to safe drinking water, as not all water systems comply with the SDWA's safety regulations. Additionally, the SDWA does not address the cumulative risks of multiple pollutants in a single glass of water, and it excludes bottled water, which is regulated separately by the Food and Drug Administration (FDA).

The effectiveness of the EPA

The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters. The law has been effective in reducing pollution levels in the United States, resulting in much cleaner waterways than before its passage.

The Environmental Protection Agency (EPA), in coordination with state governments, is responsible for administering the CWA's laws and regulations. The EPA has implemented pollution control programs, such as setting wastewater standards for industries and developing national water quality criteria recommendations for pollutants in surface waters. The EPA also regulates all waste streams generated from offshore oil and gas activities and provides funding for publicly owned treatment works to improve wastewater treatment.

However, the EPA has faced challenges in ensuring compliance with permits and addressing nonpoint sources of pollution, such as stormwater runoff and agricultural practices. Limited monitoring capabilities have made it difficult to detect harmful substances in water bodies, and more action may be needed to strengthen the CWA and address emerging threats, such as those posed by a changing climate.

To improve its effectiveness, the EPA has been recommended to take stronger actions against nonpoint sources of pollution and issue new regulations. The EPA has also established its Water Infrastructure and Resiliency Finance Center to help local governments and municipal utilities design innovative financing mechanisms for water and wastewater infrastructure projects.

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