Understanding The Clean Water Act's Pollution Focus

The Clean Water Act (CWA) is the primary federal law in the United States that addresses water pollution. The CWA was enacted in 1972 to address the nation's growing concern for controlling water pollution. The Act's objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters by regulating the discharge of pollutants into navigable waters. The Environmental Protection Agency (EPA) is responsible for implementing pollution control programs and setting wastewater standards for industries. The CWA has been amended several times to address emerging pollution challenges, such as oil pollution and the discovery of PFAS contamination in rivers, lakes, and groundwater. While the CWA has made significant contributions to environmental protection, there are ongoing debates about the need for further reforms to tackle remaining pollution issues, especially those related to nonpoint sources of pollution.

Point-source pollution

The Clean Water Act (CWA) was enacted in 1948 as the Federal Water Pollution Control Act and was significantly reorganised and expanded in 1972. The CWA is the primary law governing pollution control and water quality in the United States. The Act aims to restore and maintain the chemical, physical, and biological integrity of the nation's waters.

The Environmental Protection Agency (EPA) identifies two broad categories of pollution: point-source pollution and nonpoint-source pollution. Point-source pollution is defined by the EPA as "any single identifiable source of pollution from which pollutants are discharged, such as a pipe, ditch, ship or factory smokestack". In other words, it is pollution that comes from a single, confined place.

To control point-source pollution, the CWA established the National Pollutant Discharge Elimination System (NPDES). Under the NPDES, point sources such as factories, sewage treatment plants, and other facilities must obtain a permit from the state and EPA before discharging their waste or effluents into any body of water. The EPA issues technology-based effluent guidelines that establish discharge standards based on available and economically achievable treatment technologies. The EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls discharges, and permit holders must self-report discharges and non-compliance with water quality requirements.

Unregulated discharges from point sources can result in water pollution, unsafe drinking water, and restrictions on activities like fishing and swimming. Some chemicals discharged by point sources may be harmless, but others can be toxic to people and wildlife. Large farms that raise livestock, known as concentrated animal feeding operations (CAFOs), are also considered point sources of pollution if they do not treat their animals' waste properly.

Nonpoint-source pollution

The Clean Water Act (CWA) is the primary US law governing pollution control and water quality in the country's waterways. The Act was established in 1948 as the Federal Water Pollution Control Act and was significantly expanded in 1972. The Environmental Protection Agency (EPA) is tasked with monitoring the quality of US lakes, rivers, streams, estuaries, and other water bodies.

Nonpoint-source (NPS) pollution is the leading remaining cause of water quality problems. NPS pollution is caused by rainfall or snowmelt moving over and through the ground, picking up and carrying away natural and human-made pollutants, and depositing them into lakes, rivers, wetlands, coastal waters, and groundwater. NPS pollution is distinct from point-source pollution, which is discharged from a single, identifiable source, such as a pipe or tunnel.

NPS pollution generally results from land runoff, precipitation, atmospheric deposition, drainage, seepage, or hydrologic modification. Common sources of NPS pollution include farms, yards, paved areas, and urban and agricultural land use. Contaminants picked up by NPS runoff include oil, pet waste, pesticides, herbicides, fertilizer, road salt, bacteria, sediment, and other pollutants. Sediment, in particular, can cause water to become cloudy, making it difficult for aquatic organisms to see and feed properly, damaging fish gills, and impeding the breathing of aquatic insects. It can also reduce sunlight penetration, affecting plant growth, and can carry other pollutants such as metals and toxic chemicals.

The impact of NPS pollution on water quality has been significant. In Indiana, for example, NPS pollution from agricultural and urban sources has contaminated lakes and streams with various pollutants. NPS pollution has also been identified as the nation's largest water quality problem by the EPA, which has developed programs and guidelines to address it, such as the Nonpoint Source Management Program and technology-based effluent guidelines. However, more action may be needed to strengthen the CWA and improve its ability to tackle NPS pollution, such as issuing new regulations and improving funding for watershed protection projects.

Industrial chemicals

The Clean Water Act (CWA) is the primary federal law in the United States that governs water pollution. The CWA establishes the basic structure for regulating the discharge of pollutants into US waters and sets quality standards for surface waters. The CWA makes it unlawful to discharge any pollutant from a point source into navigable waters without a permit.

Before the CWA was passed, many US lakes, rivers, and streams were heavily polluted with industrial chemicals, raw sewage, and dangerous metals. For example, the Potomac River in Washington, DC, was so polluted with sewage that the smell across parts of the National Mall was nearly unbearable.

The CWA has been amended several times since its enactment, with the most recent major amendment being the Oil Pollution Act of 1990 (OPA 90). OPA 90 introduced new requirements for contingency planning by government and industry under the National Oil and Hazardous Substances Pollution Contingency Plan. It also increased penalties for non-compliance and expanded the federal government's response and enforcement authorities.

The CWA has been effective in reducing point source pollution, but it has struggled with nonpoint source pollution. Nonpoint source pollution comes from runoff that carries sediment, oil, bacteria, toxins, and other pollutants from farms, yards, and paved areas into nearby waters.

To address the challenges posed by nonpoint source pollution, the EPA has taken steps to improve its ability to identify and reduce illegal discharges. The EPA has also funded the construction of sewage treatment plants and recognized the need for planning to address critical problems posed by nonpoint source pollution.

In addition to the EPA's efforts, the CWA has empowered citizens to take action. Section 505 of the CWA allows anyone affected by a violation of the Act to file a civil action, provided that a government agency has not already taken sufficient action. This provision enables citizens to hold polluters accountable and incentivizes private businesses to invest in new technologies to improve water quality.

Oil and hazardous substances

The Clean Water Act (CWA) was established to regulate the discharge of pollutants into the waters of the United States and set quality standards for surface waters. Before the CWA, many of the nation's lakes, rivers, and streams were heavily polluted with sewage, industrial chemicals, and dangerous metals.

The CWA has been amended several times to address the issue of oil and hazardous substance pollution. The Oil Pollution Act of 1990 (OPA 90) is one such amendment that introduced new requirements for government and industry contingency planning under the National Oil and Hazardous Substances Pollution Contingency Plan. OPA 90 also increased penalties for non-compliance, expanded federal government enforcement authorities, and empowered states to establish laws governing oil spill prevention and response.

The CWA also regulates waste streams generated from offshore oil and gas activities, primarily through general permits issued by the Environmental Protection Agency (EPA). The EPA may not authorize a permit for discharge into ocean waters unless it complies with the guidelines established under Section 403(c) of the CWA. Additionally, the Oil Pollution Prevention regulation, published under the authority of Section 311 of the CWA, sets forth requirements for preventing, preparing for, and responding to oil discharges at specific non-transportation-related facilities.

To prevent oil from reaching navigable waters and adjoining shorelines, these facilities must develop and implement Spill Prevention, Control, and Countermeasure (SPCC) Plans. The CWA also mandates the preparation and submission of plans for responding to a worst-case discharge of oil by facility owners or operators. This includes both onshore and offshore facilities, with the Secretary of the Interior being given authority over the latter.

The CWA identifies three broad categories of pollutants: conventional, toxic, and non-conventional. Oil and grease, such as hydrocarbons, fats, oils, waxes, and high-molecular fatty acids, are considered conventional pollutants. These substances are commonly found in the sanitary wastes of households, businesses, and industries.

The EPA is responsible for monitoring the quality of U.S. lakes, rivers, streams, estuaries, and other water bodies, as well as identifying those impaired by pollutants and planning for their restoration. However, limited monitoring has been a challenge, making it difficult to detect and warn of harmful substances in a timely manner.

Groundwater contamination

The Clean Water Act (CWA) was enacted in 1948 as the Federal Water Pollution Control Act and was significantly expanded in 1972. The CWA establishes the basic structure for regulating the discharge of pollutants into the waters of the United States and sets quality standards for surface waters. The Environmental Protection Agency (EPA) is tasked with monitoring the quality of U.S. lakes, rivers, streams, estuaries, and other water bodies.

• Hazardous Waste Sites: In the U.S., there are over 20,000 known abandoned and uncontrolled hazardous waste sites, and this number continues to grow. If not properly managed, these sites can lead to groundwater contamination. Leaks or spills from containers filled with hazardous materials can allow contaminants to seep into the groundwater.
• Landfills: Landfills are intended to have a protective bottom layer to prevent contaminants from leaching into the water. However, if this layer is missing or damaged, various pollutants, such as car battery acid, paint, and household cleaners, can infiltrate the groundwater.
• Storage Tanks: There are an estimated 10 million storage tanks buried in the United States, many of which contain gasoline, oil, chemicals, or other liquids. Over time, these tanks can corrode, crack, and leak, releasing their contents into the groundwater.
• Septic Systems: Septic systems are commonly used for wastewater disposal in areas not served by city sewer systems. Improperly designed, located, constructed, or maintained septic systems can leak bacteria, viruses, household chemicals, and other contaminants into the groundwater.
• Industrial Discharges and Spills: Leaking fuel tanks, toxic chemical spills, and industrial discharges can all contaminate groundwater.
• Agricultural Activities: Pesticides, fertilizers, and other agricultural chemicals can find their way into groundwater supplies over time.
• Road Salts: The widespread use of road salts during winter can lead to groundwater contamination.
• Mining Activities: Toxic substances from mining sites can seep into and contaminate groundwater.
• Atmospheric Contaminants: As groundwater is part of the hydrologic cycle, contaminants from the atmosphere or surface water can eventually be transferred into groundwater supplies.

The CWA plays a crucial role in addressing groundwater contamination by regulating the discharge of pollutants, setting wastewater standards, and requiring permits for pollutant discharges. The EPA also works to identify and address nonpoint sources of pollution, such as stormwater runoff, which can carry pollutants into groundwater.

Frequently asked questions