Epa's Water Pollution Dilemma: Increased Contamination Or Protection?

The US Environmental Protection Agency (EPA) is responsible for enforcing the Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA) to ensure that Americans have access to clean and safe water. The CWA establishes the framework for regulating pollutant discharges into US waters and sets wastewater standards for industries, while the SDWA regulates drinking water contaminants. The EPA has recently announced that it will reconsider the 2024 water pollution limits for coal power plants, citing the need to balance affordable electricity with protecting water resources. This decision has sparked discussions about the potential impact on water pollution levels and the EPA's commitment to maintaining water quality.

The Clean Water Act (CWA)

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. The EPA has also developed national water quality criteria recommendations for pollutants in surface waters. Under the CWA, the EPA has implemented pollution control programs, including setting wastewater standards for industry. The CWA also covers stormwater pollution, requiring industrial facilities, construction sites, and municipal separate storm sewer systems (MS4s) to have measures in place to prevent pollution from being discharged with stormwater into nearby waterways.

The CWA also addresses oil and hazardous substance spills, making it unlawful to spill in quantities that may be harmful to human health and the environment. The Oil Pollution Act of 1990 (OPA 90) amended the CWA, increasing penalties for non-compliance, broadening federal government enforcement authorities, and preserving state authority to establish laws governing oil spills. The EPA regulates all waste streams generated from offshore oil and gas activities and issues technology-based effluent guidelines that establish discharge standards based on available and economically achievable treatment technologies.

The CWA does not specifically address groundwater contamination, which is covered by other laws such as the Safe Drinking Water Act and the Resource Conservation and Recovery Act. However, the EPA's Office of Water (OW) ensures that drinking water is safe and works to restore and maintain oceans, watersheds, and aquatic ecosystems to protect human health and the environment.

Safe Drinking Water Act (SDWA)

The Safe Drinking Water Act (SDWA) is a federal law in the United States that ensures safe drinking water for the public. The SDWA was signed into law on December 16, 1974, in response to growing concerns about public health emergencies connected to tainted drinking water in the 1960s and early 1970s. The Act focuses on all water actually or potentially designed for drinking use, whether from above-ground or underground sources, and applies to every public water system (PWS) in the United States.

The SDWA authorises the Environmental Protection Agency (EPA) to establish minimum standards to protect tap water quality, using detailed risk and cost assessments. These standards must be met by all water utilities and systems, of all sizes, including small water systems, which are given special consideration and resources to ensure they have the managerial, financial, and technical ability to comply. The EPA is also required to oversee all states, localities, and water suppliers that implement the standards.

The SDWA includes a whistleblower protection provision, which allows employees who believe they suffered an adverse action related to the enforcement of this law to file a written complaint within 30 days. The Act has been amended several times to enhance security measures, address emerging threats to drinking water, and tackle water quality challenges. For instance, the 1986 amendments banned the use of lead pipes, lead solder, and flux in new potable water plumbing, while the 1996 amendments emphasised the use of sound science and risk-based standard setting.

The EPA has established protective drinking water standards for more than 90 contaminants, and over 92% of the population supplied by community water systems receives drinking water that meets all health-based standards at all times.

Animal waste from concentrated animal feeding operations (CAFOs)

The volume and concentration of animal waste in CAFOs require careful planning to address environmental, human health, and technological considerations. The waste includes potentially harmful pollutants such as nitrogen, phosphorus (collectively known as nutrient pollution), solids (manure, spilled feed, bedding, litter, hair, feathers, and animal corpses), and pathogens (disease-causing bacteria and viruses). Improper management of this waste can lead to water pollution and negative impacts on aquatic ecosystems.

To address the waste management challenge, CAFO operators have developed agricultural wastewater treatment plans, with the most common type of facility being the anaerobic lagoon. However, these facilities have been associated with significant environmental and health problems. States with a high concentration of CAFOs experience, on average, 20 to 30 serious water quality issues per year due to manure management problems.

To regulate water pollution from CAFOs, the US Environmental Protection Agency (EPA) has implemented the Clean Water Act (CWA) and its National Pollutant Discharge Elimination System (NPDES) permit program. The CWA, enacted in 1972, makes it unlawful to discharge pollutants from a point source into navigable waters without a permit. The NPDES permit procedures for CAFOs were established in 1976, requiring operations managers and/or owners to obtain NPDES permits to legally discharge wastewater. While these permits are intended to control discharges, they do not guarantee compliance or protect public health. The effectiveness of these permits depends on the management practices of the individual CAFO.

Spills of oil and hazardous substances

Oil spills and hazardous substance releases can have devastating effects on the environment and the economy. The Clean Water Act (CWA) prohibits oil or hazardous substance spills that may be harmful to human health and the environment. Under the CWA, the US Environmental Protection Agency (EPA) regulates discharges of pollutants from various sources, including municipal and industrial wastewater treatment plants, sewer collection systems, and stormwater discharges.

The EPA has established requirements for reporting spills to navigable waters or adjoining shorelines. Any person or organization responsible for a spill must notify the federal government when it reaches a federally-determined limit. The presence of a visible sheen on the water, known as the "sheen rule," triggers the requirement to report an oil spill, regardless of the specific amount spilled. For hazardous substances, the federal government has established Superfund Reportable Quantities (RQs), and releases equal to or exceeding these RQs must be reported to federal authorities.

The National Response Center (800-424-8802) is the designated contact for reporting oil spills and hazardous substance releases. The Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 designates certain substances as "extremely hazardous," and releases of these substances must be reported to state, local, and federal authorities. The owner or operator of a facility releasing such substances must follow specific reporting requirements.

Responding to oil and chemical spills is a complex process. The National Oceanic and Atmospheric Administration (NOAA) plays a crucial role in providing scientific expertise and support. NOAA's Office of Response and Restoration (OR&R) is often first on the scene, assessing the spill's potential impacts and recommending clean-up methods. They utilize advanced computer modeling to forecast the spill's movement and potential effects. NOS scientists create environmental sensitivity index maps to guide responders in deploying resources effectively. The work continues even after the initial clean-up, with NOAA's Damage Assessment, Remediation, and Restoration Program addressing long-term impacts.

Wetlands and dredge/fill material discharge

The US Environmental Protection Agency (EPA) ensures that dredged or fill material is not discharged into wetlands and other waters in the country, except when authorized by a permit issued by the US Army Corps of Engineers. The EPA's role in this area is to protect the surface waters from degradation caused by the loss of wetlands and pollution from construction activities. Wetlands act as flood storage areas during heavy rainfall, filtering out pollutants as water passes through them. They also stabilize shorelines, preventing erosion, and are essential for many species of wildlife, including fish, birds, and other threatened or endangered species.

In Florida, any activity on or over wetlands and other surface waters (dredging and filling) is regulated by the Florida Department of Environmental Protection and five water management districts through the Environmental Resources Permitting (ERP) program. The ERP program regulates dredging and filling in all wetlands and other surface waters, including bays, bayous, sounds, estuaries, lagoons, rivers, streams, oceans, and most natural lakes. It also addresses water quantity and quality in both wetlands and uplands.

In Colorado, the discharge of dredged and fill material into state waters is regulated by the Colorado Department of Public Health and Environment. The department issues general authorizations for discharges into isolated state waters, which include isolated wetlands, ponds, and impoundments that are not within the 100-year floodplain or within a certain radius of other ordinary high water marks (OHWM). For projects with unavoidable adverse impacts exceeding certain thresholds of wetland or streambed area, a different type of authorization, such as an individual permit or general authorization, is required. As of January 1, 2025, any person seeking authorization to discharge dredged or fill material into state waters not under federal jurisdiction must apply for a Temporary Authorization from the division.

The regulation of dredge and fill activities is important to prevent the degradation of wetlands and surface waters, which can have detrimental effects on the environment and wildlife. By requiring permits and authorizations, the EPA and state agencies ensure that these activities are properly managed and controlled, minimizing their impact on the environment.

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