
Environmental Encyclopedia 3
Clean Water Act (1972, 1977, 1987)
Moreover, a National Commission on Water Quality had
issued a report which recommended that zero discharge be
redefined to stress
conservation
and
reuse
and that the
1983 BAT requirements be postponed for five to ten years.
The 1977 Clean Water Act endorsed the goals of the 1972
law, but granted states broader authority to run their con-
struction grants programs. The act also provided deadline
extensions and required EPA to expand the lists of pollutants
it was to regulate.
In 1981, Congress found it necessary to change the
construction grants program; thousands of projects had been
started, with $26.6 billion in federal funds, but only 2,223
projects worth $2.8 billion had been completed. The Con-
struction Grant Amendments of 1981 restricted the types
of projects that could use grant money and reduced the
amount of time it took for an application to go through the
grants program.
The Water Quality Act of 1987 phased out the grants
program by fiscal year 1990, while phasing in a state revolving
loan fund program through fiscal year 1994, and thereafter
ending federal assistance for wastewater treatment. The 1987
act also laid greater emphasis on toxic substances; it required,
for instance, that the EPA identify and set standards for
toxic pollutants in sewage
sludge
, and it phased in require-
ments for stormwater permits. The 1987 law also established
a new toxics program requiring states to identify “toxic hot
spots"—waters that would not meet water quality standards
even after technology controls have been established—and
mandated additional controls for those bodies of water.
These mandates greatly increased the number of
NPDES permits that the EPA and state governments issued,
stretching budgets of both to the limit. Moreover, states
have billions of dollars worth of wastewater treatment needs
that remain unfunded, contributing to continued violations
of water quality standards. The new permit requirements
for stormwater, together with sewer overflow, sludge, and
other permit requirements, as well as POTW construction
needs, led to a growing demand for more state flexibility in
implementing the clean water laws and for continued federal
support for wastewater treatment. State and local govern-
ments insist that they cannot do everything the law requires;
they argue that they must be allowed to assess and prioritize
their particular problems.
Yet despite these demands for less prescriptive federal
mandates, on May 15, 1991, a bipartisan group of senators
introduced the Water Pollution Prevention and Control Act
to expand the federal program. The proposal was eventually
set aside after intense debate in both the House and Senate
over controversial wetlands issues. Amendments to the Clean
Water Act proposed in both 1994 and 1995 also failed to
make it to a vote.
261
In 1998, President Clinton introduced a Clean Water
Action Plan, which primarily focused on improving compli-
ance, increasing funding, and accelerating completion dates
on existing programs authorized under the Clean Water
Act. The plan contained over 100 ’action items’ that involved
interagency cooperation of EPA,
U.S. Department of Agri-
culture
(USDA), Army Corps of Engineers, Department
of the Interior, Department of Energy,
Tennessee Valley
Authority
, Department of
Transportation
, and the Depart-
ment of Justice. Key goals were to control nonpoint pollu-
tion, provide financial incentives for conservation and stew-
ardship of private lands, restore wetlands, and expand the
public’s ’right to know’ on water pollution issues.
New rules were proposed in 1999 to strengthen the
requirements for states to set limits for and monitor the
Total Maximum Daily Load (TMDL) of pollution in their
waterways. The TMDL rule has been controversial, primar-
ily because states and local authorities lack the funds and
resources to carry out this large-scale project. In addition,
agricultural and forestry interests, who previously were not
regulated under the Clean Water Act, would be affected by
TMDL rules. As of May 2002, the Bush administration has
delayed the rule for further review.
In May 2002 the EPA announced a new rule changing
the definition of “fill material” under the Clean Water Act
to allow dirt, rocks, and other displaced material from moun-
taintop
coal
mining operations to be deposited into rivers
as waste under permit from the Army Corps of Engineers,
a practice that was previously unlawful under the Clean
Water Act. Shortly thereafter, a group of congressional rep-
resentatives introduced new legislation to overturn this rule,
and a federal district court judge in West Virginia ruled that
such amendments to the Clean Water Act could only be
made by Congress, not by an EPA rule change. Whether
or not the fill material rule will remain part of the Act
remains to be seen.
As the Federal Water Pollution Control Act marks
its thirtieth anniversary, the EPA state and federal regulators
are increasingly recognizing the need for a more comprehen-
sive approach to water pollution problems than the current
system, which focuses predominantly on POTWs and indus-
trial facilities. Nonpoint source pollution, caused when rain
washes pollution from farmlands and urban areas, is the
largest remaining source of water quality impairment, yet
the problem has not received a fraction of the regulatory
attention addressed to industrial and municipal discharges.
Despite this fact, the EPA claims that the Clean Water Act
is responsible for a one billion ton decrease in annual
soil
runoff
from farming, and an associated reduction in
phos-
phorus
and
nitrogen
levels in water sources. EPA also
asserts that wetland loss, while still a problem, has slowed
significantly—from 1972 levels of 460,000 acres per year to