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• National Council for Science and the Environment

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 Ñ more than 30 years after enactment of the core law Ñ 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 EPAÕs and statesÕ 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. <P> Three issues have predominated recently in connection with implementation of the law. The first involves impacts and implementation of requirements under current law for states to develop total maximum daily loads (TMDLs) to restore pollution-impaired waters. 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 nationÕs 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. <P> The third issue is 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 longstanding concern. <P> Reauthorization of the Act has been on CongressÕ agenda for several years, but no comprehensive amendments have been enacted. In the 107th Congress, legislation focused on water infrastructure funding legislation, but no bill was enacted (see CRS Issue Brief IB10108, Clean Water Act Issues in the 108th Congress). <P> The Bush Administration has proposed few new clean water initiatives. However, in January 2003, EPA announced a Water Quality Trading Policy intended as an innovative approach to assist industries and municipalities in meeting Clean Water Act obligations.<P>

Related Legislation:
• S.50

Related Reports:
• IB89102

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