Water Pollution: Are Regulations Effective?

Water pollution is a pressing global issue, with numerous countries implementing regulations to address this. The Clean Water Act (CWA) is a key piece of legislation in the United States, providing a framework for managing water pollution. The CWA, administered by the Environmental Protection Agency (EPA), sets standards for surface water quality and regulates pollutant discharges. Other countries, such as China, have also amended their laws, with specific provisions for water pollution prevention and control. Despite these efforts, water pollution remains a concern, and the effectiveness of regulations is questioned. This paragraph will explore the extent to which water pollution regulations are working and discuss potential improvements.

Characteristics and Values of Water Pollution Regulations

The Clean Water Act (CWA)

The CWA's objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters. It recognises the primary responsibilities of states in addressing pollution and provides assistance to states in doing so, including funding for publicly owned treatment works to improve wastewater treatment and maintain the integrity of wetlands. The Environmental Protection Agency (EPA) administers the CWA's laws and regulations in coordination with state governments, while the US Army Corps of Engineers administers provisions involving filling or dredging.

The CWA made it unlawful for any person to discharge any pollutant from a point source into US waters unless a NPDES permit was obtained. The EPA issues technology-based effluent guidelines under Sections 301, 302, 304, and 306 of the CWA, establishing discharge standards based on available and economically achievable treatment technologies. Each EPA region issues permits that meet or exceed these guidelines and standards. The CWA also funded the construction of sewage treatment plants under the construction grants program, with federal funds supporting 75% of project costs until 1981, when Congress reduced the federal funding proportion for most grants to 55%.

The CWA identifies three broad categories of pollutants: conventional, toxic, and non-conventional. Conventional pollutants are contained in the sanitary wastes of households, businesses, and industries, including fecal coliform, total suspended solids, biochemical oxygen demand, pH, and oil and grease. New point sources are subject to more rigorous effluent limits than existing sources, with new source discharges required to comply with stringent new source performance standards (NSPS) based on the best available demonstrated control technology. The CWA also introduced the Oil Pollution Prevention regulation in 1973, requiring facilities to develop Spill Prevention, Control, and Countermeasure (SPCC) Plans to prevent oil from reaching navigable waters and adjoining shorelines.

EPA's role in regulating water pollution

The US Environmental Protection Agency (EPA) plays a crucial role in regulating water pollution in the country. The EPA's involvement in water pollution regulation began with the Federal Water Pollution Control Act (FWPCA) of 1948, which aimed to enhance water resources and establish a national policy for the prevention, control, and abatement of water pollution. Over the years, amendments to the FWPCA and the enactment of the Clean Water Act (CWA) in 1972 significantly expanded the EPA's role and authority in addressing water pollution.

The CWA is the primary federal law governing water pollution in the United States. It establishes the basic structure for regulating discharges of pollutants into US waters and sets quality standards for surface waters. The EPA, in coordination with state governments, is responsible for administering and enforcing the laws and regulations of the CWA. The Act introduced the National Pollutant Discharge Elimination System (NPDES), a permit system that regulates point sources of pollution, including industrial facilities, municipal governments, and agricultural facilities. The EPA manages the NPDES program in partnership with state environmental agencies, authorizing 47 states to issue permits directly to discharging facilities.

The EPA has also developed pollution control programs, such as setting wastewater standards for industries and creating 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 obtaining a permit through the NPDES program. The EPA's NPDES permit program controls these discharges and works to prevent the release of pollutants into US waters. Additionally, the EPA provides assistance to states and local governments in implementing water pollution control programs and improving public access to information about water quality and health risks associated with swimming in polluted waters.

Furthermore, the EPA has the authority to regulate waste streams generated from offshore oil and gas activities and works to address water pollution in coastal areas and beaches through various programs. The agency also plays a role in protecting human health by ensuring compliance with environmental laws and regulations and developing tools to measure, identify, and address microbes and other pollutants in recreational waters. The EPA's Clean Water Act Compliance Assistance program provides support to businesses, educational institutions, and government entities in meeting environmental regulatory requirements.

The EPA's role in regulating water pollution is dynamic and evolving, with ongoing efforts to address emerging environmental challenges. The agency's initiatives, such as the Clean Power Plan and the Energy Star program, demonstrate its commitment to reducing pollution and improving water quality in the United States.

Water pollution litigation

The CWA is the primary federal law in the United States that governs water pollution. It establishes a framework for regulating pollutant discharges into US waters and sets quality standards for surface waters. The CWA introduced the National Pollutant Discharge Elimination System (NPDES), a permit system that regulates point sources of pollution, including industrial facilities, municipal governments, and some agricultural facilities.

Litigation under the CWA has addressed various issues, such as the regulation of wetlands, as seen in the Supreme Court case United States v. Riverside Bayview Homes, Inc. in 1985. The Court upheld the CWA's coverage in regulating wetlands that intermingle with navigable waters. Another significant case is County of Maui v. Hawaii Wildlife Fund in 2020, where the Court addressed discharges that are not direct but are functionally equivalent to direct discharges.

In addition to the CWA, the Safe Drinking Water Act of 1974 regulates every public water system in the country. Despite these laws and regulations, water contamination lawsuits remain prevalent, indicating ongoing challenges in ensuring safe drinking water for communities across the country. For example, the Flint water crisis resulted in a $626 million award to victims, and almost 2,500 personal injury lawsuits have been filed against DuPont for dumping toxic chemicals into the Ohio River.

Water pollution prevention and control in China

China's primary piece of legislation for water pollution control is the Water Pollution Control Act (WPCA), introduced in 1984 and revised in 2008 and 2017. The WPCA sets out the responsibilities of the central and local governments in supervising and preventing water pollution, as well as outlining legal liability for the discharge of pollutants into water.

The WPCA defines "waters" as rivers, lakes, canals, irrigation channels, reservoirs, and other surface or ground waters within China. It also establishes that marine pollution control is governed by the Marine Environmental Protection Act. The Act states that water pollution control should be based on an integrated plan that considers drainage areas, major rivers, and major lakes. This includes following relevant regulations, such as those for drainage basins, at both the national and local levels.

In 2015, China's State Council issued the 'Water Pollution Prevention and Control Action Plan', also known as the 'Water Ten Plan'. This plan is considered China's most comprehensive water policy to date, with 238 specific actions. It aims to reduce water pollution, improve water efficiency in agriculture, manage coastal waters, and protect the overall ecological environment. The 'Water Ten Plan' sets targets for improving water quality, including reducing the percentage of badly polluted water bodies and improving drinking water quality. It also addresses groundwater over-extraction and pollution, aiming to decrease the amount of groundwater falling under the "very bad" category.

The 'Water Ten Plan' also has economic goals, with the government expecting it to boost GDP by RMB5.7 trillion and attract RMB1.9 trillion of new investment in environmental protection-related industries. The plan uses a mix of water efficiency targets and market mechanisms, such as water tariff reform and credit financing, to achieve its objectives.

Funding for water pollution control

The Clean Water Act (CWA) is the primary federal law in the United States that deals with water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters. The CWA establishes the basic structure for regulating the discharge of pollutants into US waters and sets quality standards for surface waters.

The CWA introduced the National Pollutant Discharge Elimination System (NPDES), a permit system for regulating point sources of pollution. Point sources include industrial facilities, municipal governments (especially sewage treatment plants), and other government facilities. The CWA made it unlawful for any person to discharge any pollutant from a point source into US waters unless a NPDES permit was obtained.

The CWA also established the Water Quality Monitoring Grants program, authorizing the Environmental Protection Agency (EPA) to provide financial assistance in the form of water pollution control (Section 106) grants. Section 106 grants provide funding to build and sustain effective water quality programs that ensure the health of the nation's water bodies. The EPA also awards capitalization grants to each state for their Drinking Water State Revolving Fund (DWSRF) based on the results of the most recent Drinking Water Infrastructure Needs Survey and Assessment. The DWSRF is funded annually through the Congressional appropriations process and helps maintain local drinking water infrastructure, like treatment plants and distribution systems.

The Clean Water State Revolving Fund (CWSRF) is another program that provides federal-state partnership grants for water quality infrastructure projects, including municipal wastewater facilities, nonpoint source pollution control, decentralized wastewater treatment systems, stormwater runoff mitigation, green infrastructure, estuary protection, and water reuse. The CWSRF is primarily used for wastewater treatment infrastructure, and states contribute an additional 20% to match the federal grants. The EPA also provides direct grant funding for the District of Columbia, US Virgin Islands, American Samoa, Guam, and the Commonwealth of Northern Marianas.

In addition to these funding sources, the EPA's website provides a one-stop-shop tool called FITS, which explains how users can integrate various federal funding sources for activities that protect sources of drinking water. The website also offers information on other funding opportunities, such as the Water Infrastructure and Resiliency Finance Center, which provides financial and technical assistance to water utilities, and Fed FUNDS, which provides information on federal disaster funding programs for incidents that disrupt water or wastewater services or damage critical infrastructure.

Frequently asked questions