Directions:
First you have to answer a discussion question in each forum I posted. This will be your original or initial post. Then you must answer to one of your colleagues’ original posts in each forum. This will be your response.
Each of the initial (original) posts must be at least 150 words in length addressing straightforwardly the discussion question. Each of the responses to other students’ original posts must be at least 50 words in length and again must directly targeted your fellow students’ original post. You are expected to provide your comments in a way that shows you have studies the primary source. Moreover, the responses to the colleagues’ post should contain a new turn, brings up a new angel, or present a new piece of information. Simply saying I agree, disagree, or you think a comment is “cool” is not enough. Why you think so is a crucial part of this forum. Therefore, please do your reading/film watching before embarking on engaging with the discussion forum; otherwise, you cannot provide reasons to support your claims and justify your arguments. Although emojis (Emoticons) are allowed in the forum, please be aware that overusing them will not bring any grades for you since you are not offering a constructive contribution to the discussion by your words. This is not timed but you need to submit your responses by 11:59PM on the Friday of the week they are assigned.
Note: For answering my discussion questions which would be your initial/original post in each discussion forum, simply use the “Reply” option. Then copy/paste the question your addressing, then start typing your answers. Our colleagues and I must know to what question you are answering. Please, do not start a new forum or page in the discussion section. For answering your colleagues’ original comments, simply use the “reply” option at the end of their comments.
Please respect other people’s opinions and arguments. It is totally appropriate to disagree with someone else’s opinion, but you should respond with respect and say, for example, I disagree with XYZ argument that …. because … (provide your reasons from the course materials). You should generally expect a harsher tone in online discussions and emails than what you think you expect from a face-to-face interaction.
Tutorial videosLinks to an external site.
for using Canvas
Summary of Clean Water Act:
The Clean Water Act (CWA) today consists of two parts, broadly speaking, one being the Title II and Title VI provisions, which authorize federal financial assistance for municipal sewage
treatment plant construction. The other is regulatory requirements, found throughout the act, that apply to industrial and municipal dischargers.
The act has been termed a technology-forcing statute because of the rigorous demands placed on those who are regulated by it to achieve higher and higher levels of pollution abatement.
Industries were given until July 1, 1977, to install “best practicable control technology” (BPT) to clean up waste discharges. Municipal wastewater treatment plants were required to meet an
equivalent goal, termed “secondary treatment,” by that date. (Municipalities unable to achieve secondary treatment by that date were allowed to apply for case-by-case extensions up to July 1, 1988. According to EPA, 86% of all cities met the 1988 deadline; the remainder were put under administrative or court-ordered schedules requiring compliance as soon as possible. However, many cities continue to make investments in building or upgrading facilities needed to achieve secondary treatment, and funding needs remain high; see discussion below.) Cities that discharge wastes into marine waters were eligible for case-by-case waivers of the secondary treatment requirement, where sufficient showing could be made that natural factors provide significant elimination of traditional forms of pollution and that both balanced populations of fish, shellfish, and wildlife and water quality standards would be protected.
The primary focus of BPT was on controlling discharges of conventional pollutants, such as suspended solids, biochemical oxygen demanding materials, fecal coliform and bacteria, and pH. These pollutants are substances that are biodegradable (i.e., bacteria can break them down), occur naturally in the aquatic environment, and deplete the dissolved oxygen concentration in water, which is necessary for fish and other aquatic life.
The act also mandated greater pollutant cleanup than BPT by no later than March 31, 1989, generally requiring that industry use the “best available technology” (BAT) that is economically achievable. BAT level controls generally focus on toxic substances. Compliance extensions of as long as two years are available for industrial sources utilizing innovative or alternative technology. Failure to meet statutory deadlines could lead to enforcement action (see below).
The CWA utilizes both water quality standards and technology-based effluent limitations to protect water quality. Technology-based effluent limitations are specific numerical limitations established by EPA and placed on certain pollutants from certain sources. They are applied to industrial and municipal sources through numerical effluent limitations in discharge permits issued by states or EPA (see discussion of “Permits, Regulations, and Enforcement,” below). Water quality standards are standards for the overall quality of water. They consist of the designated beneficial use or uses of a waterbody (recreation, water supply, industrial, or other), plus a numerical or narrative statement identifying maximum concentrations of various pollutants that would not interfere with the designated use. The act requires each state to establish water quality standards for all bodies of water in the state. These standards serve as the backup to federally set technology-based requirements by indicating where additional pollutant controls are needed to achieve the overall goals of the act. In waters where industrial and municipal sources have achieved technology-based effluent limitations, yet water quality standards have not been met, dischargers may be required to meet additional pollution control requirements. For each of these waters, the act requires states to set a total maximum daily load (TMDL) of pollutants at a level that ensures that applicable water quality standards can be attained and maintained. A TMDL is both a planning process for attaining water quality standards and a quantitative assessment of pollution problems, sources, and pollutant reductions needed to restore and protect a river, stream, or lake. Based on state reports, EPA estimates that more than 40,000 U.S. waters are impaired and require preparation of TMDLs.
Control of toxic pollutant discharges has been a key focus of water quality programs. In addition to the BPT and BAT national standards, states are required to implement control strategies for waters expected to remain polluted by toxic chemicals even after industrial dischargers have installed the best available cleanup technologies required under the law. Development of management programs for these post-BAT pollutant problems was a prominent element in the 1987 amendments and is a key continuing aspect of CWA implementation.
Prior to the 1987 amendments, programs in the Clean Water Act were primarily directed at point source pollution, wastes discharged from discrete and identifiable industrial and municipal sources, such as pipes and other outfalls. In contrast, except for general planning activities, little attention had been given to nonpoint source pollution (runoff of stormwater or snowmelt from agricultural lands, forests, construction sites, and urban areas), despite estimates that it represents more than 50% of the nation’s remaining water pollution problems. As it travels across land surface towards rivers and streams, rainfall and snowmelt runoff picks up pollutants, including sediments, toxic materials, and conventional wastes (e.g., nutrients) that can degrade water quality.
The 1987 amendments authorized measures to address such pollution by directing states to develop and implement nonpoint pollution management programs (Section 319 of the act). States were encouraged to pursue groundwater protection activities as part of their overall nonpoint pollution control efforts. Federal financial assistance was authorized to support demonstration projects and actual control activities. These grants may cover up to 60% of program implementation costs.
The CWA provides for special regulation of the discharge of oil or hazardous substances, because of the potentially catastrophic effects of such events on public health and welfare. Section 311 prohibits the discharge of oil or hazardous substances into U.S. waters. It also requires higher standards of care in the management and movement of oil, including a requirement for spill prevention plans; it enables the government to recover the costs of cleaning up oil and hazardous substance discharges; and it provides for penalties for such discharges. In 1990, Congress enacted the Oil Pollution Act, which partially amended Section 311 and established a comprehensive system for the cleanup of oil spills, adding a mechanism to impose liability for such spills.2
While the act imposes great technological demands, it also recognizes the need for comprehensive research on water quality problems. This is provided throughout the statute, on topics including pollution in the Great Lakes and Chesapeake Bay, in-place toxic pollutants in harbors and navigable waterways, and water pollution resulting from mine drainage. The act also authorizes support to train personnel who operate and maintain wastewater treatment facilities.
Federal and State Responsibilities
Under this act, federal jurisdiction is broad, particularly regarding establishment of national standards or effluent limitations. The EPA issues regulations containing the BPT and BAT effluent standards applicable to categories of industrial sources (such as iron and steel manufacturing, organic chemical manufacturing, petroleum refining, and others). Certain responsibilities can be assumed by qualified states, in lieu of EPA, and this act, like other environmental laws, embodies a philosophy of federal-state partnership in which the federal government sets the agenda and standards for pollution abatement, while states carry out day-to-day activities of implementation and enforcement. Responsibilities under the act that may be carried out by qualified states include authority to issue discharge permits to industries and municipalities and to enforce permits; 46 states have been authorized to administer this permit program. EPA issues discharge permits in the remaining states—Idaho, Massachusetts, New Hampshire, New Mexico—the District of Columbia, and most U.S. territories. In addition, as noted above, all states are responsible for establishing water quality standards.
Titles II and VI—Municipal Wastewater Treatment Construction
Federal law has authorized grants for planning, design, and construction of municipal sewage treatment facilities since 1956 (Act of July 9, 1956, or P.L. 84-660). Congress greatly expanded this grant program in 1972 in order to assist cities in meeting the act’s pollution control requirements. Since that time Congress has authorized $65 billion and appropriated more than $94 billion in CWA funds to aid wastewater treatment plant construction and other eligible projects. Grants are allocated among the states according to a complex statutory formula that combines two factors: state population and an estimate of municipal sewage treatment funding needs derived from a survey conducted periodically by EPA and the states. The most recent estimate indicated that, as of 2012, $271 billion more would be required to build and upgrade municipal wastewater treatment plants in the United States and for other types of water quality improvement projects that are eligible for funding under the act, a 20% decrease from the previous estimate from four years earlier. According to EPA, states’ needs can change for a variety of reasons, such as actual changes in needs, availability of project documentation, and ability to fund and staff data collection and entry efforts.
Under the Title II construction grants program established in 1972, federal grants were made for several types of projects based on a priority list established by the states. Grants were generally available for as much as 55% of total project costs. For projects using innovative or alternative technology (such as reuse or recycling of water), as much as 75% federal funding was allowed. Recipients were responsible for non-federal costs but were not required to repay federal grants.
Policy makers have debated the balance between assisting municipal funding needs, which remain large, and the impact of assistance programs such as the Clean Water Act’s on federal spending and budget deficits. In the 1987 amendments, Congress balanced these competing priorities by extending federal aid for wastewater treatment construction through FY1994, yet providing a transition towards full state and local government responsibility for financing after that date. Grants under the previous Title II program were authorized through FY1990. Under Title VI of the act, grants to capitalize State Water Pollution Control Revolving Funds, or loan programs, were authorized beginning in FY1989 to replace the Title II grants. States contribute matching funds, and under the revolving loan fund concept, monies used for wastewater treatment construction are repaid to the state, to be available for project loans to other communities.
All states now have functioning loan programs, but the shift from federal grants to loans was easier for some than others. The new financing requirements have been a challenge for some cities (especially small towns) that have difficulty repaying project loans. Statutory authorization for grants to capitalize state loan programs expired in 1994; however, Congress has continued to provide annual appropriations. An issue affecting some cities is overflow discharges of inadequately treated wastes from municipal sewers and how cities will pay for costly remediation projects.
Permits, Regulations, and Enforcement
To achieve its objectives, the CWA embodies the concept that all discharges into the nation’s waters are unlawful, unless specifically authorized by a permit. Thus, more than 65,000 conventional industrial and municipal dischargers must obtain permits from EPA (or qualified states) under the act’s National Pollutant Discharge Elimination System (NPDES) program (authorized in Section 402 of the act). NPDES permits also are required for more than 150,000 industrial and municipal sources of stormwater discharges. An NPDES permit requires the discharger (source) to attain technology-based effluent limits (BPT or BAT for industry, secondary treatment for municipalities, or more stringent where needed for water quality
protection). Permits specify the effluent limitations a discharger must meet, and the deadline for compliance. Sources also are required to maintain records and to carry out effluent monitoring activities. Permits are issued for up to five years and must be renewed thereafter to allow continued discharge.
The NPDES permit incorporates numerical effluent limitations issued by EPA. The initial BPT limitations focused on regulating discharges of conventional pollutants, such as bacteria and oxygen-consuming materials. The more stringent BAT limitations emphasize controlling toxic pollutants—heavy metals, pesticides, and other organic chemicals. In addition to these limitations applicable to categories of industry, EPA has issued water quality criteria for more than 115 pollutants, including 65 named classes or categories of toxic chemicals, or “priority pollutants.” These criteria recommend ambient, or overall, concentration levels for the pollutants and provide guidance to states for establishing water quality standards that will achieve the goals of the act.
A separate type of permit is required to dispose of dredged or fill material in the nation’s waters, including wetlands. Authorized by Section 404 of the act, this permit program is administered by the U.S. Army Corps of Engineers, subject to and using EPA’s environmental guidance. Some types of activities are exempt from permit requirements, including certain farming, ranching, and forestry practices which do not alter the use or character of the land; some construction and maintenance; and activities already regulated by states under other provisions of the act. EPA may delegate certain Section 404 permitting responsibility to qualified states and has done so twice (Michigan and New Jersey). For some time, the act’s wetlands permit program has been one of the most controversial parts of the law. Some who wish to undertake development projects in wetlands maintain that federal regulation intrudes on and impedes private land-use decisions, while environmentalists seek more protection for remaining wetlands and limits on activities that are authorized to take place in wetlands.
Nonpoint sources of pollution, which EPA and states believe are responsible for the majority of water quality impairments in the nation, are not subject to CWA permits or other regulatory requirements under federal law. They are covered by state programs for the management of runoff, under Section 319 of the act.
Other EPA regulations under the CWA include guidelines on using and disposing of sewage sludge and guidelines for discharging pollutants from land-based sources into the ocean. (A related law, the Ocean Dumping Act, 33 U.S.C. §§1401-45, regulates the intentional disposal of wastes into ocean waters.)3EPA also provides guidance on technologies that will achieve BPT, BAT, and other effluent limitations.
The NPDES permit, containing effluent limitations on what may be discharged by a source, is the act’s principal enforcement tool. EPA may issue a compliance order or bring a civil suit in U.S. district court against persons who violate the terms of a permit. The penalty for such a violation an be as much as $25,000 per day. Stiffer penalties are authorized for criminal violations of the act—for negligent or knowing violations—of as much as $50,000 per day, three years’ imprisonment, or both. A fine of as much as $250,000, 15 years in prison, or both, is authorized for “knowing endangerment”—violations that knowingly place another person in imminent danger of death or serious bodily injury. Finally, EPA is authorized to assess civil penalties administratively for certain well-documented violations of the law. These civil and criminal enforcement provisions are contained in Section 309 of the act. EPA, working with the Army Corps of Engineers, also has responsibility for enforcing against entities who fail to obtain or comply with a Section 404 permit.
While the CWA addresses federal enforcement, the majority of actions taken to enforce the law are undertaken by states, both because states issue the majority of permits to dischargers and because the federal government lacks the resources for day-to-day monitoring and enforcement.
Like most other federal environmental laws, CWA enforcement is shared by EPA and states, with states having primary responsibility. However, EPA has oversight of state enforcement and retains the right to bring a direct action where it believes that a state has failed to take timely and appropriate action or where a state or local agency requests EPA involvement. Finally, the federal government acts to enforce against criminal violations of the federal law.
In addition, individuals may bring a citizen suit in U.S. district court against persons who violate a prescribed effluent standard or limitation or permit requirement. Citizens also may bring suit against the Administrator of EPA for failure to carry out a nondiscretionary duty under the act.
Author Contact Information
Claudia Copeland
Specialist in Resources and Environmental Policy [email protected], 7-7227
Discussion Question:
According to this Act, Policy makers have debated the balance between assisting municipal funding needs, which remain large, and the impact of assistance programs such as the Clean Water Act’s on federal spending and budget deficits. What do you suggest the authorities can do to make a rational balance between assisting municipal funding needs and the federal government spending so that neither the municipal fundings are too small nor are the federal government spending too big?
The initial post should be around 250–300 words. It must be at least 150 words, but I want it long enough to fully answer the question and show that I understood the reading. Please use details from the Clean Water Act summary, such as pollution control, EPA and state responsibilities, permits, wastewater treatment, point source pollution, nonpoint source pollution, and enforcement.
Make the post clear, organized, and natural, like a student wrote it. It should not sound too advanced or overly formal. Include some analysis explaining why the Clean Water Act mattered, not just a summary.