Federal Water Pollution Control Act: 1972 Legislation Explained

The Federal Water Pollution Control Act of 1972, also known as the Clean Water Act (CWA), is a United States federal law and a landmark act in the history of water pollution control in the country. The CWA establishes the basic structure for regulating discharges of pollutants into US waters and sets quality standards for surface waters. The Act also made it unlawful to discharge pollutants from a point source into navigable waters without a permit. The CWA has been amended several times since its enactment, with major changes introduced through subsequent legislation, including the Clean Water Act of 1977 and the Water Quality Act (WQA) of 1987.

The Clean Water Act (CWA)

The CWA was first enacted in 1948 as the Federal Water Pollution Control Act, which created a comprehensive set of water quality programs and provided financing for state and local governments. However, enforcement was limited to interstate waters. The 1972 amendments significantly reorganised and expanded upon the original Act, and it is this amended version that is commonly referred to as the Clean Water Act.

The 1972 CWA made it unlawful to discharge any pollutant from a point source into navigable waters without a permit. The Environmental Protection Agency (EPA) was given the authority to implement pollution control programs, such as setting wastewater standards for industry, and developing national water quality criteria recommendations for pollutants in surface waters. The CWA also established a system of grants to assist municipalities in building and expanding sewage treatment plants, with federal funds supporting 75% of project costs.

The CWA has been further amended over the years, with changes including the reduction of federal funding for grants in 1981, and the transition to a revolving loan program in 1987. The geographic reach of the CWA has also been a source of significant controversy, with debates around the meaning of the term "navigable waters" or "waters of the United States".

Pollution control programs

The Federal Water Pollution Control Act of 1948 was the first major US law to address water pollution. However, the Act was significantly reorganized and expanded in 1972, with the introduction of the Clean Water Act (CWA). The CWA is the primary law governing pollution control and water quality in the nation's waterways.

The CWA establishes the basic structure for regulating discharges of pollutants into the waters of the United States and sets quality standards for surface waters. The Environmental Protection Agency (EPA) has been given the authority to implement pollution control programs, such as setting wastewater standards for industry and water quality standards for all contaminants in surface waters.

The CWA made it unlawful to discharge any pollutant from a point source into navigable waters without a permit. The EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls these discharges. New sources of pollutants are subject to more rigorous effluent limits than existing sources, with new source discharges required to comply with the most stringent standards attainable.

The CWA also provided funding for the construction of sewage treatment plants, with federal funds supporting 75% of project costs, and state and local funds providing the remaining 25%. This program was later replaced by the Clean Water State Revolving Fund in 1987, which provides financial assistance in the form of loans or grants to local governments for wastewater treatment, nonpoint source pollution control, and estuary protection.

The CWA has undergone subsequent amendments, including the Oil Pollution Prevention regulation in 1973, which sets forth requirements for preventing, preparing for, and responding to oil discharges at non-transportation-related facilities. The CWA has also been modified by other laws, such as the Great Lakes Critical Programs Act of 1990, which required the EPA to establish water quality criteria for the Great Lakes, addressing 29 toxic pollutants.

Water quality standards

The Federal Water Pollution Control Act of 1972, also known as the Clean Water Act (CWA), is the primary US law that governs water pollution control and sets water quality standards. It establishes the basic structure for regulating pollutant discharges into US waters and sets quality standards for surface waters.

The CWA made it unlawful to discharge any pollutant from a point source into navigable waters without a permit. The Environmental Protection Agency (EPA) controls these permits through the National Pollutant Discharge Elimination System (NPDES). The EPA also gained the authority to implement pollution control programs, such as setting wastewater standards for industry, and water quality standards for all contaminants in surface waters.

The CWA identifies three broad categories of pollutants: conventional, toxic, and non-conventional. Conventional pollutants are found in the sanitary wastes of households, businesses, and industries. These include fecal coliform, total suspended solids, biochemical oxygen demand, pH, and oil and grease. Toxic pollutants include certain harmful chemicals and heavy metals, such as lead, mercury, and pesticides. Non-conventional pollutants are those that do not fall into the other two categories and may include emerging contaminants like pharmaceuticals or personal care products.

To ensure compliance with water quality standards, the CWA authorizes the EPA to develop and enforce regulations, set effluent limitations, and issue permits for the discharge of pollutants. It also provides funding for municipalities to build and improve sewage treatment plants, also known as publicly-owned treatment works (POTW). The CWA established a system of construction grants, with federal funds supporting 75% of project costs, and state and local funds covering the remaining 25%. However, in 1981, Congress reduced the federal funding proportion for most grants to 55%.

The CWA has been amended several times since its enactment to strengthen water quality standards and address new challenges, such as the phase-out of the construction grants program in 1987, which was replaced by the Clean Water State Revolving Fund. Overall, the CWA plays a crucial role in protecting the nation's waterways and ensuring safe and clean water for all.

Funding sewage treatment plants

The Federal Water Pollution Control Act of 1972, commonly known as the Clean Water Act (CWA), established a funding program for the construction of sewage treatment plants. The Act set out a system of grants to assist municipalities in building and expanding these facilities, also known as publicly owned treatment works (POTW).

The construction grant program played a crucial role in providing financial support for the development of sewage treatment plants. It is worth noting that the 1972 CWA also repealed the Oil Pollution Act of 1924, which had prohibited the intentional discharge of fuel oil into tidal waters. This reduction in the Corps' role in pollution control was a significant shift in responsibility.

In 1987, the construction grant program underwent a transition. The Clean Water State Revolving Fund, established in the Water Quality Act (WQA) of that year, replaced the municipal construction grants program. This new fund continued to provide financial assistance for wastewater treatment and pollution control but shifted to a revolving loan program model. The 1987 WQA also transitioned to a revolving loan program in Title VI, with Congress reducing the federal proportion of grants over time.

The funding provided through the Clean Water State Revolving Fund has been instrumental in assisting local governments with their wastewater treatment and pollution control initiatives. In 2017, for instance, the fund provided a total of $7.4 billion in assistance to 1,484 local projects across the country, offering loans at lower-than-market rates. This demonstrates the ongoing commitment to improving water quality and addressing pollution through the support of sewage treatment plant development and upgrades.

Discharge of pollutants

The Federal Water Pollution Control Act of 1972, commonly known as the Clean Water Act (CWA), is the primary law governing pollution control and water quality in the United States. The CWA establishes the conditions and permitting for the discharge of pollutants into US waters under the National Pollution Discharge Elimination System (NPDES).

The CWA made it unlawful to discharge any pollutant from a point source into navigable waters without a permit. The Environmental Protection Agency (EPA) is responsible for controlling these discharges through its NPDES permit program. New point sources and existing point sources of pollutants are subject to different NPDES regulations. New sources are subject to more stringent effluent limits, as it is more cost-effective to minimize effluent pollutants during plant design than to retrofit an existing facility. These new source performance standards (NSPS) are based on the best available demonstrated control technology and must be at least as rigorous as the best available technology.

Existing point source dischargers, such as exploratory wells and grandfathered development and production facilities, are regulated using technology-based effluent limitations guidelines (ELG). Regulated wastes include drilling fluids, cuttings, produced water, sanitary wastes, and deck drainage. The level of required discharge control depends on the category of the pollutant, with three broad categories identified in the guidelines: conventional, toxic, and non-conventional. Conventional pollutants are found in the sanitary wastes of households, businesses, and industries and include fecal coliform, total suspended solids, biochemical oxygen demand, pH, and oil and grease.

To assist municipalities in building and expanding sewage treatment plants, the CWA provided for a system of construction grants, with federal funds supporting 75% of project costs. However, in 1981, Congress reduced the federal funding proportion for most grants to 55%. The construction grant program was eventually replaced by the Clean Water State Revolving Fund in 1987, which provides financial assistance in the form of loans or grants to local governments for wastewater treatment, nonpoint source pollution control, and estuary protection.

Frequently asked questions