The Clean Water Act: Overlooking Pollution Sources

The Clean Water Act (CWA) is the primary US law that regulates water pollution and maintains the integrity of the nation's waters. It establishes conditions and permitting for pollutant discharges into US waters and empowers the Environmental Protection Agency (EPA) to implement pollution control programs. However, the CWA has been criticised for neglecting nonpoint source pollution, which is the leading cause of water pollution. Nonpoint source pollution refers to runoff that carries pollutants from farms, yards, and paved areas into nearby waters, and it has been suggested that stronger regulations and funding are needed to address this issue effectively.

Nonpoint source pollution

The major sources of NPS pollution are agriculture, urban runoff, and habitat modification. Urban runoff flows through storm drains and pipes, directly into lakes and streams, without being treated. Habitat modification refers to the channelization of streams and the disturbance of riparian corridors (the area of land immediately adjacent to stream banks). The most common NPS pollutants are nutrients and sediment. Nutrients come from fertilizers and animal waste, while sediment is soil that has eroded from farm fields, construction sites, and streambanks. Sediment can damage fish gills and the breathing of aquatic insects, reduce sunlight penetration and affect plant growth, and carry other pollutants such as metals and toxic chemicals.

Other common sources of NPS pollution include oil, pet waste, pesticides, herbicides, road salt, bacteria, and any other contaminant that ends up on the ground from human activity. NPS pollution can have harmful effects on drinking water supplies, recreation, fisheries, and wildlife. It can damage aquatic habitats, harm aquatic life, and reduce the capacity of water resources to be used for drinking water and recreation.

The Clean Water Act (CWA) has been successful in reducing pollution discharges from industries and municipalities (point sources), but it has neglected NPS pollution. The CWA made it unlawful to discharge any pollutant from a point source into navigable waters without a permit, and the Environmental Protection Agency (EPA) has implemented pollution control programs to regulate discharges and set wastewater and water quality standards. However, NPS pollution is more challenging to regulate due to its diffuse nature. The EPA has recognized the need for planning to address critical problems posed by NPS pollution and has funded projects to protect watersheds and reduce pollutants in runoff.

PFAS chemicals

Per- and polyfluoroalkyl substances (PFAS) are a group of synthetic, fluorinated organic chemicals that have been in use since the 1950s. PFAS are used in a wide range of common applications, from the linings of fast-food boxes and non-stick cookware to firefighting foams and industrial processes. They are also used in textiles, paper food packaging, and other consumer goods. PFAS are considered "forever" chemicals because they are extremely persistent in the environment and do not break down easily. This has led to their widespread presence in the blood of people and animals worldwide, as well as in water, air, fish, and soil.

The presence of PFAS in drinking water has raised concerns about potential health risks. The US Environmental Protection Agency (EPA) has acknowledged that high concentrations of PFAS may lead to adverse health effects in humans. Studies suggest that exposure to certain PFAS may be linked to harmful health effects, with PFOA potentially increasing the risk of kidney and testicular cancer, and PFOS possibly increasing the risk of liver cancer.

To address the issue of PFAS pollution, the EPA has taken several actions. These include identifying and controlling industrial sources of PFAS, setting maximum contaminant levels (MCLs) for PFAS in drinking water, and providing meaningful information to the public about PFAS and ways to reduce exposure. The EPA has also implemented the National Pollutant Discharge Elimination System (NPDES) permit program to control discharges under the Clean Water Act (CWA). However, the CWA has been criticized for not adequately addressing nonpoint source pollution, which includes runoff from farms, yards, and paved areas that can carry pollutants into nearby waters.

While the CWA provides the basic structure for regulating discharges of pollutants and sets quality standards for surface waters, it may not specifically target or address PFAS chemicals. The act focuses on point source pollution, while PFAS contamination often arises from nonpoint sources, which are more challenging to regulate and control. Therefore, PFAS pollution may be an area where the CWA could be strengthened to better protect water quality and human health.

Oil pollution

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 CWA establishes conditions and permitting for discharges of pollutants into the waters of the United States under the National Pollution Discharge Elimination System (NPDES).

The CWA made it unlawful to discharge any pollutant from a point source into navigable waters unless a permit is obtained. Point sources include industrial facilities (including oil and gas extraction and service industries), municipal governments (particularly sewage treatment plants), and other government facilities. The Environmental Protection Agency (EPA) regulates all waste streams generated from offshore oil and gas activities and may not issue a permit for discharge into ocean waters unless the discharge complies with the guidelines established under Section 403(c) of the CWA.

The Oil Pollution Act of 1924 prohibited the intentional discharge of fuel oil into tidal waters. However, this was repealed by the 1972 CWA, reducing the Corps' role in pollution control to the discharge of dredged or fill material. 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 and broadened the response and enforcement authorities of the federal government.

While point source pollution is an important issue, the leading cause of water pollution is nonpoint sources, which are not directly addressed by the CWA. These sources include runoff that carries oil and other pollutants from farms, yards, and paved areas into nearby waters. To address this, the EPA funds projects to protect watersheds and reduce the types and amounts of pollutants in runoff, and stronger actions have been recommended to improve the EPA's ability to manage nonpoint source pollution.

Sewage treatment plants

The Clean Water Act (CWA) is the primary law in the US that governs pollution control and water quality in the country's waterways. The CWA establishes the basic structure for regulating the discharge of pollutants into US waters and sets quality standards for surface waters.

However, sewage treatment plants may encounter various pollution exposures. For example, backup or overflow from the plant can impact nearby properties, and there is a risk of accidental release of water treatment chemicals, such as methanol or chlorine. In one instance, a chlorine gas release at a wastewater treatment plant resulted in toxic air emissions, leading to evacuations and hospitalizations. Another incident involved a 25-year-old plant that had undergone several upgrades. Due to the improper closure of an old clarifier and on-site surface impoundment, there was gradual seepage into the groundwater, contaminating the drinking water supply of the neighbouring community.

Additionally, ageing infrastructure can be a concern. In one case, a wastewater treatment plant's sewer lines had developed cracks over the years, leaking raw sewage into a nearby stream. This resulted in legal action from residents, with claims exceeding $350,000.

Furthermore, severe weather events, such as floods, can cause the release of untreated sewage into nearby water bodies, requiring cleanup and potentially resulting in environmental claims.

Water quality criteria

The Clean Water Act (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 CWA makes it unlawful to discharge any pollutant from a point source into navigable waters without a permit.

The CWA identifies three broad categories of pollutants: conventional, toxic, and non-conventional. Conventional pollutants include fecal coliform, total suspended solids, biochemical oxygen demand, pH, and oil and grease (e.g. hydrocarbons, fats, oils, waxes, and high-molecular fatty acids). These are typically found in the sanitary wastes of households, businesses, and industries.

The CWA's National Pollutant Discharge Elimination System (NPDES) permit program controls discharges from point sources, such as sewage treatment facilities, oil refineries, and construction sites. The NPDES program has helped prevent over 700 billion pounds of toxic pollutants from entering US waters annually.

However, the leading cause of water pollution is nonpoint sources, which are not regulated as strictly as point sources. Nonpoint source pollution comes from runoff that carries pollutants from farms, yards, and paved areas into nearby waters. This type of pollution can harm aquatic life, contribute to ocean acidification, and cause harmful algal blooms. While the CWA does address nonpoint source pollution to some extent, for example, by requiring states to identify and manage it using green infrastructure, it has been argued that stronger actions and regulations are needed to adequately address this issue.

In addition to the NPDES permit, the CWA's Section 404 permit regulates the discharge of "dredged" or "fill" materials, including solid matter such as rock, sand, soil, or construction debris, into water bodies. The CWA also covers unplanned events, like spills of oil and other hazardous substances, and requires the EPA to prepare for and respond to such incidents.

The CWA has been amended several times to strengthen its provisions, such as the Oil Pollution Act of 1990, which made it easier to recover cleanup costs from responsible companies. The CWA also enables citizens to bring lawsuits against those responsible for harmful, illegal discharges and even allows citizens to sue the EPA for failing to fulfil its responsibilities under the Act.

Overall, the CWA provides a comprehensive framework for addressing water pollution in the United States, but continuous efforts are needed to adapt to emerging challenges, such as the discovery of widespread PFAS pollution and the increasing frequency of natural disasters due to climate change, which can cause water and wastewater infrastructure failures.

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