
Water pollution in America has been a concern since the 1880s and 1890s, when Congress directed USACE to prevent dumping and filling in the nation's harbors. The Rivers and Harbors Act of 1899 was the first instance of Congress addressing water pollution issues, and portions of this law, including the Refuse Act, remain in effect today. The Clean Water Act (CWA) of 1972 is the primary federal law in the United States governing water pollution. The CWA establishes the basic structure for regulating discharges of pollutants into US waters and sets quality standards for surface waters. The CWA also enables citizens to take legal action against those responsible for harmful, illegal discharges.
Characteristics | Values |
---|---|
Name of the Law | Federal Water Pollution Control Act (FWPCA) |
Basis of CWA Enacted | 1948 |
Modern Form Enacted | 1972 |
Common Name | Clean Water Act (CWA) |
Objective | To restore and maintain the chemical, physical, and biological integrity of the nation's waters |
Regulatory Body | Environmental Protection Agency (EPA) |
Pollutants Regulated | Conventional, toxic, and non-conventional |
Examples of Conventional Pollutants | Fecal coliform, total suspended solids, biochemical oxygen demand, pH, oil and grease |
Examples of Non-Point Source Pollutants | Agricultural stormwater discharges and irrigation return flows |
Permits | National Pollutant Discharge Elimination System (NPDES) |
Oil Pollution Act Amendment | 1990 |
Wetlands Protection | Consistent protections nationwide, slowing the rate of wetlands loss |
Groundwater Contamination | Not directly addressed by the CWA |
Citizen Lawsuits | Citizens can sue those responsible for harmful, illegal discharges and the EPA for failing to carry out its responsibilities |
What You'll Learn
The Clean Water Act (CWA)
The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act. However, the Act was significantly reorganised and expanded in 1972, when it took on its modern form. The 1972 act established the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The CWA made it unlawful to discharge any pollutant from a point source into navigable waters unless a permit was obtained. The EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls these discharges.
The CWA also gave the Environmental Protection Agency (EPA) 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 EPA issues technology-based effluent guidelines that establish discharge standards based on available and economically achievable treatment technologies. The EPA regulates all waste streams generated from offshore oil and gas activities, primarily by general permits.
The CWA also empowers citizens to bring lawsuits against those responsible for harmful, illegal discharges. Section 505 grants that anyone who might be affected by a violation of the CWA can file a civil action if a government agency hasn't already taken sufficient action. Citizens can also sue the EPA for failing to carry out its responsibilities under the CWA.
The CWA has faced many challenges, including lawsuits from polluters intent on loosening regulations. In addition, the CWA does not directly address groundwater contamination or drinking water standards. Agricultural stormwater discharges and irrigation return flows were specifically exempted from permit requirements in the 1972 CWA. Agricultural runoff, which the CWA does not regulate, is now the leading reason water bodies fail to meet water quality standards.
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Oil Pollution Prevention regulation
The Clean Water Act (CWA) is the primary federal law in the United States that governs water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters. The basis of the CWA was enacted in 1948 as the Federal Water Pollution Control Act, but it took on its modern form when it was completely rewritten in 1972. 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.
Under the CWA, the US Environmental Protection Agency (EPA) has implemented pollution control programs such as setting wastewater standards for industry. The EPA 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 without a permit.
The Oil Pollution Prevention regulation, originally published in 1973 under the authority of Section 311 of the CWA, sets forth requirements for the prevention of, preparedness for, and response to oil discharges at specific non-transportation-related facilities. The goal of this regulation is to prevent oil from reaching navigable waters and adjoining shorelines and to contain oil discharges. To achieve this, the regulation requires these facilities to develop and implement Spill Prevention, Control, and Countermeasure (SPCC) Plans. It also establishes procedures, methods, and equipment requirements.
The Oil Pollution Act of 1990 (OPA 90) amended the CWA and provided new requirements for contingency planning by government and industry under the National Oil and Hazardous Substances Pollution Contingency Plan. OPA 90 also increased penalties for regulatory non-compliance, broadened the response and enforcement authorities of the federal government, and preserved state authority to establish laws governing oil spills. The EPA has since amended the SPCC requirements of the Oil Pollution Prevention Regulation to extend compliance dates and clarify and/or tailor specific regulatory requirements.
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National Wildlife Federation
The National Wildlife Federation has been instrumental in advocating for and achieving legislative victories to prevent water pollution and protect aquatic ecosystems in America. The Federation has worked closely with Congress, testifying before congressional committees and lobbying for bills that address wildlife and environmental concerns.
One of their notable achievements is their involvement in the Clean Water Act (CWA), the primary federal law governing water pollution. The Federation has defended and advocated for strong enforcement of the CWA, which sets standards for regulating pollutant discharges and maintaining water quality. They have also pushed for the inclusion of wetlands and streams under the CWA's protection, recognizing their vital role in flood control and wildlife habitat preservation.
In addition, the National Wildlife Federation has played a crucial role in the Great Lakes region. They led the development and passage of the eight-state Compact, rewriting water laws to safeguard the Great Lakes from diversions and unwise water use. The Federation also contributed to the Great Lakes Restoration Initiative, which received a significant boost from President Obama. This initiative aims to address toxic pollution and protect both human health and wildlife in the region.
Furthermore, the Federation has successfully lobbied for amendments to the Clean Air Act of 1963, addressing issues such as acid rain, urban air pollution, and toxic emissions. They have also influenced the fate of bills related to water infrastructure and restoration, including the Tax Reform Act of 1976 and the Flint, Michigan, water crisis, where lead-contaminated drinking water posed a significant public health risk.
The National Wildlife Federation continues to coordinate efforts through the Water Protection Network, ensuring that water projects and policies are wildlife-friendly, cost-effective, and environmentally safe. They have brought or joined lawsuits to protect streams and wetlands from pollution, defend treasured waters, and ensure community involvement in environmental reviews of federal projects.
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Federal Water Pollution Control Act
The Federal Water Pollution Control Act (FWPCA) was first enacted in 1948. However, it took on its modern form when it was significantly reorganised and expanded in 1972, in an act called the Federal Water Pollution Control Act Amendments of 1972. The act was amended again in 1977 and was renamed the Clean Water Act (CWA), which is now the primary federal law in the United States governing water pollution.
The CWA establishes the basic structure for regulating discharges of pollutants into US waters and sets quality standards for surface waters. Under the CWA, the Environmental Protection Agency (EPA) has implemented pollution control programs, such as setting wastewater standards for industry and developing national water quality criteria for pollutants in surface waters. The CWA also established the National Pollution Discharge Elimination System (NPDES) permit program, which controls discharges. The EPA issues permits and guidelines that establish discharge standards based on available and economically achievable treatment technologies.
The CWA's objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters. It recognises the primary responsibility 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 CWA is administered by the EPA in coordination with state governments, although some provisions are administered by the US Army Corps of Engineers.
The CWA has been influential in reducing water pollution in the US, although water quality goals stated by Congress in the 1972 act have not yet been achieved. The act has resulted in much cleaner waterways than before it was passed, with dramatic decreases in pollution levels. However, more than half of US stream and river miles, about 70% of lakes, ponds, and reservoirs, and 90% of surveyed ocean and coastal areas continue to violate water quality standards.
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EPA's National Pollutant Discharge Elimination System (NPDES)
The Clean Water Act (CWA) is the primary federal law in the United States that governs water pollution. The Act's objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters. The Environmental Protection Agency (EPA) is responsible for implementing the CWA and has developed various programs to control water pollution, including the National Pollutant Discharge Elimination System (NPDES) permit program.
The NPDES permit program was created in 1972 by the Clean Water Act and is authorized by the EPA for state governments to perform permitting, administrative, and enforcement aspects of the program. The program regulates point sources that discharge pollutants into the waters of the United States. It offers technical assistance, resources for permit writers, training, and tools, as well as regulatory navigation and assistance with developing and implementing NPDES permits. The EPA also works closely with state programs and other organizations to ensure consistent and effective implementation of the NPDES program nationwide.
The NPDES permit program identifies hundreds of thousands of facilities and operations throughout the United States that are permitted to control water pollution. The program helps permittees and permit writers protect water quality by refining the methods, tools, and information used to develop and implement NPDES permits and programs. For example, the SWToolbox was created to aid in managing wastewater discharges and protect water quality under changing climatic conditions.
The NPDES Permit Writers' Clearinghouse is a web-based portal that provides resources such as permit language, templates, and other shared materials to assist in the development of NPDES permits. When the water quality objectives of an NPDES permit align with the resilience objectives of a permittee or community, the permit can support the implementation of other water management actions that create both water quality and resilience benefits, such as green infrastructure, asset management, and stormwater management.
Overall, the EPA's NPDES permit program plays a crucial role in addressing water pollution by regulating point sources, providing technical assistance, and collaborating with state programs and organizations to ensure effective implementation nationwide.
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Frequently asked questions
The Clean Water Act is the primary federal law in the United States that governs water pollution. It establishes the basic structure for regulating discharges of pollutants into the waters of the United States and sets quality standards for surface waters. The CWA was enacted in 1972 and gave the federal government the authority to set limits for water pollutants, fund wastewater infrastructure, and support research and technology to improve water quality.
The Clean Water Act prevents 700 billion pounds of pollutants from entering US waters each year, including from refineries, sewage treatment plants, and factory farms. It also protects wetlands and requires states, territories, and tribes to implement plans to maintain measurable water quality standards.
The Clean Water Act does not directly address groundwater contamination or drinking water standards. It also does not regulate agricultural runoff, which is now the leading reason water bodies fail to meet water quality standards. In addition, the CWA has faced challenges and lawsuits from polluters seeking to loosen regulations.