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Summary:
Congress enacted the most recent major amendments to the Clean Water Act in 1987 (P.L. 100-4). Since then, the Environmental Protection Agency (EPA), states, and others have been working to implement the many program changes and additions mandated in the law. At issue today -- more than 30 years after enactment of the core law -- is what progress is being made to achieve its goals. In general, states and environmental groups fault EPA for delays in issuing guidance and providing assistance to carry out the law. EPA and others are critical of states, in turn, for not reaching beyond conventional knowledge and approaches to address their water quality problems. Environmental advocates have been criticized for insufficient recognition of EPA's and states' need for flexibility to implement the act. Finally, Congress has been criticized for not providing adequate resources to meet EPA and state needs. Appropriations for clean water programs, especially water infrastructure, are a continuing issue. Three issues have predominated recently in connection with implementation of the law. The first involves funding to construct municipal wastewater treatment plants under the state revolving fund (SRF) provisions of the 1987 amendments. Budgetary constraints on federal aid for wastewater treatment and large remaining funding needs are a long-standing concern. For FY2006, Congress has enacted legislation (P.L. 109-54) providing $887 million for clean water SRF grants ($204 million less than in FY2005). The President's FY2006 budget requested $730 million for these SRF grants. Appropriations for water infrastructure assistance programs remain a controversial issue for Congress, and between Congress and the Administration. The second issue involves progress in implementing the nonpoint pollution management provisions added in 1987. States are developing management programs describing methods that will be used to reduce nonpoint pollution, which may be responsible for as much as 50% of the nation's remaining water quality problems. Most observers agree that implementation of nonpoint source control measures is significantly hindered by limited resources. EPA has adopted program guidance intended to give states more flexibility and to speed up progress in nonpoint source control. The third issue is impacts and implementation of requirements under current law for states to develop total maximum daily loads (TMDLs) to restore pollution-impaired waters. Reauthorization of the act has been on Congress' agenda for several years, but no comprehensive amendments have been enacted. In the 108th Congress, legislation focused on water infrastructure funding legislation, but no bill was enacted.
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