Greta Jimenez
Waterways have been open dumping grounds for waste and sewage for many years, with little to no federal oversight. The Clean Water Act (CWA) was enacted in 1972 to address this issue. It gave the federal government the authority to set limits for water pollutants, help fund wastewater infrastructure, and support research and technology to improve water quality. The CWA established the basic structure for regulating discharges of pollutants into US waters and set quality standards for surface waters. The law also made it unlawful to discharge any pollutant from a point source into navigable waters without a permit. The CWA has faced many challenges, including lawsuits from polluters, and new types of pollution continue to emerge. However, it has been successful in reducing pollution from 'point sources' and has substantially cleaned up US waters over the last few decades.
What You'll Learn
The Clean Water Act (CWA)
The Environmental Protection Agency (EPA) has implemented pollution control programs under the CWA, such as setting wastewater standards for industry. The EPA has also developed 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 unless a permit was obtained under its provisions. Point sources include pipes or man-made ditches.
The CWA also funded the construction of sewage treatment plants under the construction grants program and recognised the need for planning to address the critical problems posed by nonpoint source pollution. The CWA established the National Pollutant Discharge Elimination System (NPDES) permit program, which controls discharges. Under the NPDES, individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge, do not need a permit. However, industrial, municipal, and other facilities must obtain permits if their discharges go directly into surface waters.
The CWA aims to prevent, reduce, and eliminate pollution in the nation's water to restore and maintain the chemical, physical, and biological integrity of the nation's waters. Federal facilities have regulatory responsibilities under the CWA, including preventing water pollution, obtaining discharge permits, meeting applicable water quality standards, developing risk management plans, and maintaining records. The EPA ensures that Federal facilities and their contractors comply with these requirements.
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The Federal Water Pollution Control Act (FWPCA)
The 1972 amendments established a basic structure for regulating pollutant discharges into U.S. waters and gave the Environmental Protection Agency (EPA) the authority to implement pollution control programs. These included setting wastewater standards for industry and maintaining requirements to set water quality standards for all contaminants in surface waters.
The CWA made it unlawful for any person to discharge any pollutant from a point source into navigable waters without a permit obtained under its provisions. Point sources are defined as discrete conveyances such as pipes or man-made ditches. The EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls these discharges.
The Act also funded the construction of sewage treatment plants under the construction grants program and recognised the need for planning to address critical problems posed by nonpoint source pollution.
Section 404(m) of the FWPCA authorises the U.S. Fish and Wildlife Service to comment on permit applications submitted to the U.S. Army Corps of Engineers for the discharge of dredged or fill material into navigable waters. Section 208(i) authorises the Service to provide technical assistance to states in developing management practices as part of its water pollution control programs and to continue with the National Wetlands Inventory.
The FWPCA has been further modified by subsequent amendments and other laws over the years, such as the 1981 revisions that streamlined the municipal construction grants process, and the Great Lakes Critical Programs Act of 1990, which addressed toxic pollutants in the Great Lakes.
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The National Pollutant Discharge Elimination System (NPDES)
The Clean Water Act (CWA) was established in 1972 to address water pollution by regulating the discharge of pollutants into the waters of the United States. The CWA also regulates quality standards for surface waters. Under the CWA, the Environmental Protection Agency (EPA) has implemented pollution control programs, such as setting wastewater standards for industries.
The NPDES permit is required for any facility whose discharge goes directly into surface waters. Individual homes connected to a municipal system, using a septic system, or without a surface discharge are exempt from this requirement. The NPDES permit ensures that facilities implement proper pollution control measures and comply with wastewater standards.
The NPDES program has been adapted and updated over the years to address changing environmental needs and challenges. For example, in 2024, the EPA proposed revisions to the NPDES permit to address stormwater discharges associated with industrial activity. The proposed changes included new requirements for facilities to consider best available data when designing stormwater control measures and to conduct quarterly indicator monitoring for certain pollutants.
The NPDES permit program plays a vital role in reducing water pollution by providing a regulatory framework for controlling and permitting the discharge of pollutants. It ensures that industries and facilities take responsibility for their wastewater and implement proper pollution control measures, contributing to cleaner water and a healthier environment.
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The Clean Water State Revolving Fund (CWSRF)
The CWSRF offers financing for projects such as municipal wastewater facilities, nonpoint source pollution control, decentralized wastewater treatment systems, stormwater runoff mitigation, green infrastructure, estuary protection, and water reuse. The program has significant financial assets and is capable of financing projects ranging from less than $1 million to more than $100 million.
The CWSRF is a powerful partnership between the EPA and the states, with states having the flexibility to fund a range of projects that address their highest priority water quality needs. The program utilizes a combination of federal and state funds, with states contributing an additional 20% to match the federal grants. The 51 CWSRF programs function like environmental infrastructure banks, providing low-interest loans to eligible recipients for water infrastructure projects.
As money is repaid into the state's revolving loan fund, new loans are made to other recipients for high-priority, water quality activities. The funds are ""revolved" at the state level over time, with repayments of loan principal and interest earnings recycled back into individual state CWSRF programs to finance new projects. States are responsible for the operation of their CWSRF programs and may provide various types of assistance, including loans, refinancing, purchasing, or guaranteeing local debt, and purchasing bond insurance.
The CWSRF program has provided a total of $172 billion to communities through 2023, with over 48,900 low-interest loans helping to protect public health, preserve valuable aquatic resources, and meet environmental standards. The program has benefited hundreds of millions of people and continues to play a crucial role in improving water quality and ensuring clean water for communities across the nation.
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The Safe Drinking Water Act
The SDWA requires the Environmental Protection Agency (EPA) to set standards for drinking water quality and oversee all states, localities, and water suppliers that implement these standards. The EPA has established protective drinking water standards for more than 90 contaminants, with over 92% of the population supplied by community water systems receiving water that meets all health-based standards.
The Act focuses on all waters actually or potentially designed for drinking use, whether from above-ground or underground sources. It authorises the EPA to establish minimum standards to protect tap water and requires all owners or operators of public water systems to comply with these primary (health-related) standards. The EPA also establishes minimum standards for state programs to protect underground sources of drinking water from endangerment by underground injection of fluids.
The SDWA requires the EPA to establish National Primary Drinking Water Regulations (NPDWRs) for contaminants that may adversely affect public health. These regulations include mandatory requirements (Maximum Contaminant Levels, or MCLs; and Treatment Techniques) and non-enforceable health goals (Maximum Contaminant Level Goals, or MCLGs) for each included contaminant. As of 2019, the EPA has issued 88 standards for microorganisms, chemicals, and radionuclides.
The EPA has also issued standards for chlorine, monochloramine, chlorine dioxide, disinfection by-products, and various chemical and metal contaminants. In response to the water crisis in Flint, Michigan, the EPA published revisions to the Lead and Copper Rule in 2021, addressing testing, pipe replacement, and related issues. The rule mandates additional requirements for sampling tap water, corrosion control, public outreach, and testing water in schools.
The SDWA allows states to set standards that are more stringent than federal standards and to issue standards for contaminants that the EPA has not regulated. The Act requires states to establish wellhead protection programs to protect underground sources of drinking water, specifying the duties of agencies, determining wellhead protection areas, identifying sources of contaminants, implementing control measures, and developing a contingency plan for alternative drinking water supplies in the event of contamination.
The SDWA also includes a whistleblower protection provision, allowing employees who believe they were fired or suffered another adverse action related to the enforcement of this law to file a written complaint within 30 days.
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Frequently asked questions
The Clean Water Act (CWA) is a federal law in the United States that addresses water pollution. Its objective is to restore and maintain the integrity of the nation's waters, recognising state responsibilities and providing assistance for improvement.
The CWA has helped to drastically reduce water pollution by setting standards for water quality and regulating pollutant discharges. It has also provided funding for wastewater infrastructure and supported research and technology to improve water quality.
The CWA includes the following key components:
- The National Pollutant Discharge Elimination System (NPDES): A permit system for regulating point sources of pollution, such as industrial facilities, municipal governments, and some agricultural facilities.
- Water quality standards: States and tribes are required to implement plans to maintain measurable water quality standards (WQS) based on recommended pollution limits developed by the Environmental Protection Agency (EPA).
- Funding for wastewater treatment: The CWA provides funding to help communities improve their water infrastructure, including sewage treatment plants and pumping stations.
- Citizen empowerment: The CWA allows citizens to bring lawsuits against those responsible for harmful, illegal discharges and to sue the EPA for failing to fulfil its responsibilities.
While the CWA has been successful in reducing water pollution, it does not address all sources of pollution. For example, it does not directly address groundwater contamination, and new types of pollution, such as microplastics and PFAS, have emerged that are not effectively treated by standard wastewater treatment processes.
The CWA was first enacted in 1972 and has since undergone several amendments to expand and strengthen its provisions. Major changes include the Clean Water Act of 1977, the Water Quality Act of 1987, and further amendments in 1981, 2014, and 2015. These changes have aimed to address emerging issues, such as nonpoint source pollution and stormwater runoff, and to improve the effectiveness of the law.
