Greta Jimenez
The Clean Water Act (CWA) is the primary law in the United States that regulates point source water pollution. The CWA was enacted in 1972 as an amendment to the Federal Water Pollution Control Act of 1948, which was the first major US law to address water pollution. The CWA establishes conditions and permitting for discharges of pollutants into US waters, setting standards for wastewater and water quality. It also gives the Environmental Protection Agency (EPA) the authority to implement pollution control programs and enforce pollution standards. While the CWA has been successful in reducing point source pollution, it does not address nonpoint source pollution, which has increased correspondingly.
| Characteristics | Values |
|---|---|
| Name of Amendment | Federal Water Pollution Control Act Amendments of 1972 (also known as the Clean Water Act) |
| Year of Amendment | 1972 |
| What it Made Illegal | Discharge of any pollutant from a point source into the waters of the United States |
| Regulatory Body | Environmental Protection Agency (EPA) |
| Pollutants Covered | Conventional, toxic, and non-conventional |
| Examples of Point Sources | Pipes, man-made ditches, sewage treatment plants, factories, ships |
| Impact on Water Quality Parameters | Dissolved oxygen, biochemical oxygen demand (BOD), temperature, pH, turbidity, phosphorus, nitrates, total suspended solids, conductivity, alkalinity, fecal coliform |
| Subsequent Amendments | 1977, 1981, 1987, 1990, 1996 |
| Related Legislation | Oil Pollution Act of 1990, Water Quality Act of 1987, Rivers and Harbors Act of 1899 |
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What You'll Learn
The Clean Water Act (CWA)
The history of the CWA can be traced back to the Federal Water Pollution Control Act of 1948, which was the first major US law to address water pollution. However, the CWA as we know it today was significantly amended and expanded in 1972, in response to growing public concern over water pollution, particularly following the 1969 Cuyahoga River fire and the Santa Barbara oil spill in California. These incidents brought widespread attention to the state of the nation's waterways and pressured Congress to take more robust action against water pollution.
The 1972 amendments, known as the Federal Water Pollution Control Act Amendments of 1972, established the Environmental Protection Agency (EPA) and gave it the authority to implement pollution control programs. The EPA was tasked with setting wastewater standards for industries and water quality standards for all contaminants in surface waters. The 1972 amendments also created a federal permit system, the National Pollution Discharge Elimination System (NPDES), to enforce pollution standards and regulate the discharge of pollutants into US waters.
Since its enactment, the CWA has undergone various amendments and modifications to address emerging pollution challenges and improve water quality. For example, the Oil Pollution Act of 1990 amended the CWA by introducing new requirements for contingency planning by the government and industry under the National Oil and Hazardous Substances Pollution Contingency Plan. Additionally, the 1987 amendments to the CWA created the Nonpoint Source Management Program, providing grants to states, territories, and Indian tribes to support projects and activities aimed at reducing nonpoint source pollution.
While the CWA has been successful in reducing point source pollution, challenges remain, particularly regarding nonpoint source pollution, which is not directly regulated under the Act. As a result, there have been calls for reforms and updates to the CWA to address the nation's evolving water quality issues and ensure the protection of water resources for future generations.
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The Federal Water Pollution Control Act of 1948
The act declared pollution of interstate waters a public nuisance subject to abatement, but this only applied when water pollution endangered "the health or welfare of persons in a State other than that in which the discharge originates." When this situation occurred, the Surgeon General of the United States was authorized to bring an abatement action, but only after a cumbersome process and with the permission of the state where the pollution originated. This provision gave the states virtually unlimited power to override federal action to prevent water pollution.
The act was not well-designed and achieved little. It did not generally prohibit pollution, gave only limited authority to the federal government, and provided a cumbersome enforcement mechanism. In the 20 years following its enactment, there were essentially no enforcement actions filed under the act.
Growing public awareness and concern for controlling water pollution led to sweeping amendments in 1972. As amended in 1972, the law became commonly known as the Clean Water Act (CWA). The 1972 amendments totally rewrote the act to provide adequate protection for the nation's waters. The CWA is the principal law governing pollution control and water quality in the nation's waterways. It established the basic structure for regulating pollutant discharges into the waters of the United States and gave the Environmental Protection Agency (EPA) the authority to implement pollution control programs.
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The 1972 CWA amendments
The Clean Water Act (CWA) of 1972, an amendment to the Federal Water Pollution Control Act of 1948, was a significant step in addressing water pollution in the United States. The 1972 amendments were driven by growing public awareness and concern for water pollution, particularly after the 1969 river fire on the Cuyahoga River and the Santa Barbara oil spill in California, which was the largest in US history at the time.
The CWA of 1972 established the Environmental Protection Agency (EPA) and gave it the authority to implement pollution control programs and set wastewater standards for industries. It also maintained existing requirements to set water quality standards for all contaminants in surface waters. A critical component of the amendments was the prohibition of discharging any pollutant from a point source into navigable waters without a permit. This marked a significant shift from the indiscriminate discharge of effluents by companies into water bodies before the CWA.
Additionally, the 1972 CWA recognized the challenges posed by nonpoint source pollution and the need for planning to address them. While the Act primarily focused on point source pollution, subsequent amendments and revisions addressed nonpoint source pollution and improved the capabilities of treatment plants. The Clean Water Act has been a pivotal legislation in reducing point source water pollution and restoring and maintaining the integrity of the nation's waters.
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The 1987 Water Quality Act (WQA)
The 1987 WQA created a program for the management of biosolids (sludge) generated by publicly owned treatment works (POTWs). The Act instructed the Environmental Protection Agency (EPA) to develop guidelines for the usage and disposal of sewage sludge or biosolids. The EPA's regulations identified uses for sewage sludge, including disposal, and specified factors to be considered in determining the measures and practices applicable to each such use or disposal.
The 1987 WQA also imposed a cap on raw sewage discharges from the drainage areas of the North River Plant in Manhattan, New York, and the Red Hook Plant in Brooklyn, New York, into navigable waters (the Hudson-Raritan Estuary). It permitted the Administrator to raise such a cap for seasonal variation, natural disasters, or other circumstances beyond the control of the city of New York.
The WQA directed the Administrator of the EPA to continue the Chesapeake Bay Program and establish an Office within the EPA to collect and disseminate research and other information on the environmental quality of the Bay. The Administrator was also required to make a grant to a state affected by the interstate management plan developed under the Bay Program to implement management mechanisms in the plan if the state had approved and was committed to implementing all or most aspects of the plan.
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The 1990 Oil Pollution Act
The Oil Pollution Act of 1990 (OPA 90) was passed by the 101st United States Congress and signed by President George H. W. Bush. This act amended the Clean Water Act (CWA) and provided new requirements for contingency planning by the government and industry under the National Oil and Hazardous Substances Pollution Contingency Plan. The OPA 90 works to avoid oil spills from vessels and facilities by enforcing the removal of spilled oil and assigning liability for the cost of cleanup and damage. It requires specific operating procedures, defines responsible parties and financial liability, and establishes a fund for damages, cleanup, and removal costs.
The OPA 90 requires oil storage facilities and vessels to submit plans detailing how they will respond to large discharges. A responsible party under the OPA 90 is one who is found accountable for the discharge or substantial threat of discharge of oil from a vessel or facility into navigable waters, exclusive economic zones, or the shorelines of such covered waters. Responsible parties are strictly, jointly, and severally liable for the cost of removing the oil, in addition to any damages linked to the discharge. Unlike liability for removal costs, which are uncapped, liability for damages is limited.
The OPA 90 also implements processes for measuring damages and specifies the damages for which violators are liable. This statute has resulted in instrumental changes in the oil production, transportation, and distribution industries. The Oil Spill Liability Trust Fund, created in 1986, was authorized for use by the OPA 90. The fund is managed by the federal government and financed by a per-barrel tax on crude oil produced domestically in the United States and on petroleum products imported for consumption.
The OPA 90 was introduced in the House of Representatives as H.R. 1465 on March 16, 1989. On June 21, 1989, the Committee on Merchant Marine and Fisheries reported the bill as amended. On November 9, 1989, H.R. 1465 was passed by a vote in the House of Representatives. The bill was then passed by the Senate with revisions on November 19, 1989, and sent back to the House of Representatives for approval of the changes. However, the House of Representatives did not agree to the revisions. On August 2, 1990, a conference committee was created to resolve differences and propose a final bill for approval. On August 4, 1990, both chambers of Congress had passed the bill in identical form. On August 18, 1990, the bill was signed by the President, and the OPA 90 was officially enacted.
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Frequently asked questions
The Clean Water Act (CWA) of 1972 made point source pollution illegal.
Point source pollution refers to any "discernible, confined, and discrete conveyance from which pollutants are or may be discharged." Examples include pipes or man-made ditches from stationary locations such as sewage treatment plants, factories, industrial wastewater treatment facilities, septic systems, ships, and other sources that are clearly discharging pollutants into water sources.
The Clean Water Act is the principal law governing pollution control and water quality in the nation's waterways. It establishes conditions and permitting for discharges of pollutants into the waters of the United States under the National Pollution Discharge Elimination System (NPDES) and gives the Environmental Protection Agency (EPA) the authority to implement pollution control programs.
