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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, as it has been for some time, is what progress EPA and the states are making. In general, many states and environmental groups fault EPA for delays in issuing guidance and assistance needed to carry out the provisions of the law. EPA and others are critical of states, in turn, for not reaching beyond conventional knowledge and institutional approaches to address their water quality problems. Environmental groups 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 funding and resources to meet EPA and state needs. Three issues have predominated recently in connection with implementation of the law. The first involves implementation of requirements under current law for states to develop total maximum daily loads (TMDLs) to restore pollution-impaired waters. The second issue involves 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 lack of resources, including federal assistance. EPA adopted program guidance intended to give states more flexibility and to speed up progress in nonpoint source control. The third issue is funding to construct municipal wastewater treatment plants under the State Revolving Fund provisions of the 1987 amendments. Budgetary constraints on federal aid for wastewater treatment and large remaining funding needs are a continuing concern. In 1998, the Clinton Administration released a multi-agency Clean Water Action Plan intended to build on the environmental successes of the Act and address the nation's remaining water quality challenges. These Clinton initiatives have not been specifically addressed by the Bush Administration. Reauthorization of the Act was on the agenda of the 104th Congress, when the House passed H.R. 961, but no amendments were enacted. No major legislative activity occurred in the 105th or 106th Congresses, although legislation was passed affecting some individual program areas. Recent attention has focused on EPA rules for the Act's TMDL program issued in 2000. Congressional oversight of the TMDL program is likely in the 107th Congress, as is consideration of water infrastructure legislation (also see CRS Issue Brief IB10069, Clean Water Act Issues in the 107th Congress).

Related Legislation:
• H.R.961
• S.50

Related Reports:
• IB89102

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