Misplaced Pages

#659340

110-574: The Clean Water Act requires that state environmental agencies complete TMDLs for impaired waters and that the United States Environmental Protection Agency (EPA) review and approve / disapprove those TMDLs. Because both state and federal governments are involved in completing TMDLs, the TMDL program is an example of cooperative federalism . If a state doesn't take action to develop TMDLs, or if EPA disapproves state-developed TMDLs,

220-596: A Colorado mine, and accidentally released over three million gallons of waste water into Cement Creek and the Animas River . In 2015, the International Agency for Research on Cancer (IARC), a branch of the World Health Organization , cited research linking glyphosate , an ingredient of the weed killer Roundup manufactured by the chemical company Monsanto , to non-Hodgkin's lymphoma . In March 2017,

330-570: A 15-year cut of 32%, or 789 million metric tons of carbon dioxide. In 2019 it was voided and replaced by the Affordable Clean Energy rule under the Trump administration, and in 2022 its constitutionality was ruled out by the Supreme Court. In August 2015, the 2015 Gold King Mine waste water spill occurred when EPA contractors examined the level of pollutants such as lead and arsenic in

440-520: A 9% increase . The association was stronger in those over 75 than in the population aged 65–74. This example is a small reflection of residents of the United States remain at risk of waterborne gastrointestinal illness under current water treatment practices. Reproductive problems refer to any illness of the reproductive system . New research by Brunel University and the University of Exeter strengthens

550-465: A budgetary procedure known as " earmarking ." Section 301 of the Act prohibits discharges to waters of the U.S. except with a permit. ( See Title IV for discussion of permit programs.) Recreational vessels are exempt from the permit requirements, but vessel operators must implement Best Management Practices to control their discharges. ( See Regulation of ship pollution in the United States .) Under

660-786: A complete inquiry of social and economic costs and benefits of achieving goals of the Act. Under section 309, EPA can issue administrative orders against violators, and seek civil or criminal penalties when necessary: States that are authorized by EPA to administer the NPDES program must have authority to enforce permit requirements under their respective state laws. Military bases, national parks and other federal facilities must comply with CWA provisions. Section 316 requires standards for thermal pollution discharges, as well as standards for cooling water intake structures (e.g., fish screens ). These standards are applicable to power plants and other industrial facilities. The 1987 amendments created

770-506: A demonstration grant program at the EPA to expand the research and development of non-point controls and management practices. Congress created a major public works financing program for municipal sewage treatment in the 1972 CWA. A system of grants for construction of municipal sewage treatment plants was authorized and funded in Title II . In the initial program, the federal portion of each grant

880-495: A dramatic move to the right, President Ronald Reagan in 1981 appointed Anne Gorsuch as EPA administrator. Gorsuch based her administration of EPA on the New Federalism approach of downsizing federal agencies by delegating their functions and services to the individual states. She believed that EPA was over-regulating business and that the agency was too large and not cost-effective. During her 22 months as agency head, she cut

990-791: A higher rate of Parkinson's. The risk was 90 percent higher for those who had private wells near fields sprayed with widely used insecticides. Unlike water supplies in large cities, private wells are mostly unregulated and are not monitored for contaminants. Many of them exist at shallow depths of less than 20 yards, and some of the crop chemicals used to kill pests and weeds can flow into ground water. Therefore, private wells are likely to contain pesticides, which can attack developing brains (womb or infancy), leading to neurological diseases later in life. A study led by UCLA epidemiology professor Beate Ritz suggests that "people with Parkinson's were more likely to have consumed private well water, and had consumed it on average 4.3 years longer than those who did not have

1100-592: A joint House–Senate colloquium was convened by the chairmen of the Senate Committee on Interior and Insular Affairs, Senator Henry M. Jackson , and the House Committee on Science and Astronautics, Representative George P. Miller , to discuss the need for and means of implementing a national environmental policy. Congress enacted the National Environmental Policy Act of 1969 (NEPA) and the law

1210-587: A national outcry and criminal charges against major steel companies. The US Justice Department in late 1970 began pollution control litigation in cooperation with the new EPA. Congress enacted the Federal Water Pollution Control Act Amendments of 1972, better known as the Clean Water Act (CWA). The CWA established a national framework for addressing water quality, including mandatory pollution control standards, to be implemented by

SECTION 10

#1732848425660

1320-404: A pollutant may be imprecisely understood. Industrial dischargers, farmers , land developers , municipalities , natural resource agencies, and other watershed stakeholders each have a vested interest in the outcome. To implement TMDLs with point sources, wasteload allocations are incorporated into discharge permits for these sources. The permits are issued by EPA or delegated state agencies under

1430-503: A public record, making it controversial and difficult to rescind. So they did not open it; rather, they called Johnson and asked him to take back the draft. Johnson rescinded the draft; in July 2008, he issued a new version which did not state that global warming was danger to public welfare. Burnett resigned in protest. In April 2008, the Union of Concerned Scientists said that more than half of

1540-577: A second term. As a condition for accepting his appointment, Ruckleshaus obtained autonomy from the White House in appointing his senior management team. He then appointed experienced competent professionals to the top management positions, and worked to restore public confidence in the agency. Lee M. Thomas succeeded Ruckelshaus as administrator in 1985. In 1986 Congress passed the Emergency Planning and Community Right-to-Know Act , which authorized

1650-685: A senior official at the Environmental Protection Agency had worked to quash a review of Roundup's main ingredient, glyphosate, that was to have been conducted by the United States Department of Health and Human Services ." The records show that Monsanto was able to prepare "a public relations assault" on the finding after they were alerted to the determination by Jess Rowland , the head of the EPA's cancer assessment review committee at that time, months in advance. Emails also showed that Rowland "had promised to beat back an effort by

1760-621: A surface area basis), and a little more than 70 percent of the nation's coastlines, and 90 percent of the surveyed ocean and near coastal areas were also impaired. The primary mode of informing the quality of water of rivers, lakes, streams, ponds, estuaries, coastal waters and wetlands of the U.S. is through the National Water Quality Inventory Report. Water quality assessments are conducted pursuant to water quality standards adopted by states and other jurisdictions (territories, interstate commissions and tribes). The report

1870-562: A system of construction grants. The 1972 CWA provided that federal funds would support 75% of project costs, with state and local funds providing the remaining 25%. In 1981 Congress reduced the federal funding proportion for most grants to 55%. The construction grant program was replaced by the Clean Water State Revolving Fund in the 1987 WQA ( see Title VI ), although some local utilities continued to receive "special purpose project grants" directly from Congress, through

1980-771: A three-tiered anti-degradation program. Anti-degradation procedures identify steps and questions that need to be addressed when specific activities affect water quality. "Tier 1" requirements are applicable to all surface waters. These requirements maintain and protect current uses and the water quality conditions to support existing uses. Current uses are identified by showing that fishing, swimming, and other water uses have occurred and are suitable since November 28, 1975. "Tier 2" requirements maintains and protects water bodies with existing conditions that are better to support "fishable/swimmable" uses pursuant to CWA section 101(a)(2). "Tier 3" requirements maintain and protect water quality in "outstanding national resource waters" (ONRWs), which are

2090-568: A total of fourteen states had joined the suit—the U.S. Court of Appeals for the District of Columbia ruled that the EPA regulations violated the Clean Air Act. In response, EPA announced plans to propose such standards to replace the vacated Clean Air Mercury Rule, and did so on March 16, 2011. In July 2005 there was a delay in the issuance of an EPA report showing that auto companies were using loopholes to produce less fuel-efficient cars. The report

2200-414: A wide variety of voluntary pollution prevention programs and energy conservation efforts. The agency's budgeted employee level in 2023 is 16,204.1 full-time equivalent (FTE). More than half of EPA's employees are engineers, scientists, and environmental protection specialists; other employees include legal, public affairs, financial, and information technologists. Beginning in the late 1950s and through

2310-455: Is an independent agency of the United States government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it began operation on December 2, 1970, after Nixon signed an executive order . The order establishing the EPA was ratified by committee hearings in the House and Senate. The agency is led by its administrator , who

SECTION 20

#1732848425660

2420-552: Is appointed by the president and approved by the Senate . The current administrator is Michael S. Regan . The EPA is not a Cabinet department, but the administrator is normally given cabinet rank . The EPA has its headquarters in Washington, D.C. There are regional offices for each of the agency's ten regions, as well as 27 laboratories around the country. The agency conducts environmental assessment , research, and education. It has

2530-450: Is conveyed to Congress as a means to inform Congress and the public of compliance with quality standards established by states, territories and tribes. The assessments identify water quality problems within the states and jurisdictions, list the impaired and threatened water bodies, and identify non-point sources that contribute to poor water quality. Every two years states must submit reports that describe water quality conditions to EPA with

2640-671: Is diluted by water. Methodology of mixing zone procedure determines the location, size, shape and quality of mixing zones. Variance policy temporarily relax water quality standard and are alternatives to removing a designated use. States and tribes may include variance as part of their water quality standard. Variance is subject to public review every three years and warrant development towards improvement of water quality. The "Low Flow" policy pertains to states and tribes water quality standards that identify procedures applied to determining critical low flow conditions. Most NPDES permittees are required to collect samples of their wastewater and analyze

2750-542: Is water quality criteria which serves as a basis for limiting the toxicity of waste discharges to aquatic species. A biological criterion is based on the aquatic community which describes the number and types of species in a water body. A nutrient criterion solely protects against nutrient over enrichment, and a sediment criterion describes conditions of contaminated and uncontaminated sediments to avoid undesirable effects. The water quality regulations include an anti-degradation policy that requires states and tribes to establish

2860-519: The Council on Environmental Quality and Atomic Energy Commission . Upon its creation, EPA inherited 84 sites spread across 26 states, of which 42 sites were laboratories. The EPA consolidated these laboratories into 22 sites. In its first year, the EPA had a budget of $ 1.4 billion and 5,800 employees. At its start, the EPA was primarily a technical assistance agency that set goals and standards. Soon, new acts and amendments passed by Congress gave

2970-501: The Nonpoint Source Management Program under CWA section 319. This program provides grants to states, territories and Indian tribes to support demonstration projects, technology transfer , education, training, technical assistance and related activities designed to reduce nonpoint source pollution. Grant funding for the program averaged $ 210 million annually for Fiscal Years 2004 through 2008. Congress amended

3080-781: The Safe Drinking Water Act , Resource Conservation and Recovery Act , and the Superfund act. Contamination of drinking water supplies can not only occur in the source water but also in the distribution system. Sources of water contamination include naturally occurring chemicals and minerals (arsenic, radon, uranium), local land use practices (fertilizers, pesticides, concentrated feeding operations), manufacturing processes, and sewer overflows or wastewater releases. Some examples of health implications of water contamination are gastrointestinal illness, reproductive problems, and neurological disorders. Infants, young children, pregnant women,

3190-516: The U.S. Environmental Protection Agency (EPA) in coordination with state governments, though some of its provisions, such as those involving filling or dredging, are administered by the U.S. Army Corps of Engineers . Its implementing regulations are codified at 40 C.F.R. Subchapters D, N, and O (Parts 100–140, 401–471, and 501–503). Technically, the name of the law is the Federal Water Pollution Control Act . The first FWPCA

3300-576: The Water Infrastructure Finance and Innovation Act of 2014 (WIFIA) to provide an expanded credit program for water and wastewater infrastructure projects, with broader eligibility criteria than the previously authorized revolving fund unter CWA Title VI. Pursuant to WIFIA, EPA established its Water Infrastructure and Resiliency Finance Center in 2015 to help local governments and municipal utilities design innovative financing mechanisms, including public–private partnerships . Congress amended

3410-455: The "functional equivalent of a direct discharge" to navigable waters, such as in this case, the injection of wastewater into groundwater injection wells . As of the time of the case's decision, this was not an area the EPA has established regulations for, and the Court instructed the EPA to work with the courts to define such functional equivalents. The Court wrote that this would likely depend most on

Total maximum daily load - Misplaced Pages Continue

3520-576: The 1960s, Congress reacted to increasing public concern about the impact that human activity could have on the environment. Senator James E. Murray introduced a bill, the Resources and Conservation Act (RCA) of 1959, in the 86th Congress . The bill would have established a Council on Environmental Quality in the Executive Office of the President , declared a national environmental policy, and required

3630-436: The 1972 act EPA began to issue technology-based standards for municipal and industrial sources: As of 2023 the effluent guidelines and categorical pretreatment standards regulations have been published for 59 categories and apply to between 35,000 and 45,000 facilities that discharge directly to the nation's waters,129,000 facilities that discharge to POTWs, and construction sites. These regulations are responsible for preventing

3740-498: The 2009 through 2016 model years. Following notice of violations and potential criminal sanctions, Volkswagen later agreed to a legal settlement and paid billions of US dollars in criminal penalties, and was required to initiate a vehicle buyback program and modify the engines of the vehicles to reduce illegal air emissions. In August 2015, the EPA finalized the Clean Power Plan to regulate emissions from power plants, projecting

3850-495: The Department of Health and Human Services to conduct its own review." On February 17, 2017, President Donald Trump appointed Scott Pruitt as EPA administrator. The Democratic Party saw the appointment as a controversial move, as Pruitt had spent most of his career challenging environmental regulations and policies. He did not have previous experience in the environmental protection field and had received financial support from

3960-941: The EPA is responsible for issuing TMDLs. EPA published regulations in 1992 establishing TMDL procedures. Application of TMDLs has broadened significantly in the last decade to include many watershed-scale efforts, including the Chesapeake Bay TMDL. TMDLs identify all point source and nonpoint source pollutants within a watershed . The Clean Water Act requires states to compile lists of water bodies that do not fully support beneficial uses such as aquatic life , fisheries , drinking water , recreation, industry, or agriculture ; and to prioritize those water bodies for TMDL development. These inventories are known as "303(d) lists" and characterize waters as fully supporting , impaired , or in some cases threatened for beneficial uses. Beneficial use determinations must have sufficient credible water quality data for TMDL planning. Throughout

4070-568: The EPA to gather data on toxic chemicals and share this information with the public. EPA also researched the implications of stratospheric ozone depletion. Under Administrator Thomas, EPA joined with several international organizations to perform a risk assessment of stratospheric ozone, which helped provide motivation for the Montreal Protocol, which was agreed to in August 1987. In 1988, during his first presidential campaign, George H. W. Bush

4180-501: The EPA was working on its own standards, but the move has been widely considered an attempt to shield the auto industry from environmental regulation by setting lower standards at the federal level, which would then preempt state laws. California governor Arnold Schwarzenegger , along with governors from 13 other states, stated that the EPA's actions ignored federal law, and that existing California standards (adopted by many states in addition to California) were almost twice as effective as

4290-448: The EPA. The EPA's inspector general had determined that the EPA's regulation of mercury emissions did not follow the Clean Air Act, and that the regulations were influenced by top political appointees. The EPA had suppressed a study it commissioned by Harvard University which contradicted its position on mercury controls. The suit alleged that the EPA's rule exempting coal-fired power plants from "maximum available control technology"

4400-585: The Federal Water Quality Administration, which had previously been transferred from PHS to the Department of the Interior in 1966. A few functions from other agencies were also incorporated into EPA: the formerly independent Federal Radiation Council was merged into it; pesticides programs were transferred from the Department of the Interior, Food and Drug Administration , and Agricultural Research Service ; and some functions were transferred from

4510-652: The National Pollutant Discharge Elimination System ( NPDES ). Nonpoint source discharges (e.g. agriculture) are generally in a voluntary compliance scenario. The TMDL implementation plan is intended to help bridge this divide and ensure that watershed beneficial uses are restored and maintained. Local watershed groups play a critical role in educating stakeholders, generating funding, and implementing projects to reduce nonpoint sources of pollution. United States Environmental Protection Agency The Environmental Protection Agency ( EPA )

Total maximum daily load - Misplaced Pages Continue

4620-559: The Supreme Court rejected the "significant nexus" test in Sackett v. EPA and established the current definition. The CWA introduced the National Pollutant Discharge Elimination System (NPDES), a permit system for regulating point sources of pollution. Point sources include: Point sources may not discharge pollutants to surface waters without an NPDES permit. The system is managed by EPA in partnership with state environmental agencies. EPA has authorized 47 states to issue permits directly to

4730-433: The TMDL determines load based on a Waste Load Allocation (WLA), Load Allocation (LA), and Margin of Safety (MOS) Once the TMDL assessment is completed and the maximum pollutant loading capacity defined, an implementation plan is developed that outlines the measures needed to reduce pollutant loading to the non-compliant water body, and bring it into compliance. Over 60,000 TMDLs are proposed or in development for U.S. waters in

4840-452: The TMDL equation with load allocation (LA). The calculation of a TMDL is as follows: where WLA is the waste load allocation for point sources, LA is the load allocation for nonpoint sources, and MOS is the margin of safety. Load allocations are equally challenging as setting targets. Load allocations provide a framework for determining the relative share of natural sources and human sources of pollution. The natural background load for

4950-501: The TMDL for any given body of water involves the combination of factors that contribute to the problem of nutrient concentrated runoff. Bodies of water are tested for contaminants based on their intended use. Each body of water is tested similarly but designated with a different TMDL. Drinking water reservoirs are designated differently from areas for public swimming and water bodies intended for fishing are designated differently from water located in wildlife conservation areas. The size of

5060-479: The Trump administration attempted to revoke a waiver issued to the state which allowed more stringent standards for auto and truck emissions than the federal standards. NPDES The Clean Water Act ( CWA ) is the primary federal law in the United States governing water pollution . Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters; recognizing

5170-424: The U.S. Department of Agriculture to improve runoff management practices on farms. See Natural Resources Conservation Service . Stormwater runoff from industrial sources, municipal storm drains , and other sources were not specifically addressed in the 1972 law. EPA had declined to include urban runoff and industrial stormwater discharges in its initial implementation of the NPDES program, and subsequently

5280-461: The U.S., data are often lacking adequate spatial or temporal coverage to reliably establish the sources and magnitude of water quality degradation. TMDL planning in large watersheds is a process that typically involves the following steps: The purpose of water quality targets is to protect or restore beneficial uses and protect human health. These targets may include state/federal numerical water quality standards or narrative standards, i.e. within

5390-527: The US population. The law required EPA to enforce the standards with the cooperation of state agencies. In October 1976, Congress passed the Toxic Substances Control Act (TSCA) which, like FIFRA, related to the manufacture, labeling and usage of commercial products rather than pollution. This act gave the EPA the authority to gather information on chemicals and require producers to test them, gave it

5500-621: The United States." In 2006, in Rapanos v. United States , a plurality of the US Supreme Court authored by Justice Antonin Scalia held that the term "waters of the United States" "includes only those relatively permanent, standing or continuously flowing bodies of water 'forming geographic features' that are described in ordinary parlance as 'streams[,]... oceans, rivers, [and] lakes.'" The concurrent written opinion of Justice Anthony Kennedy defined

5610-677: The WIFIA program in 2015, 2016 and 2018. This Act has six titles. Title I includes a Declaration of Goals and Policy and various grant authorizations for research programs and pollution control programs. Some of the programs authorized by the 1972 law are ongoing (e.g. section 104 research programs, section 106 pollution control programs, section 117 Chesapeake Bay Program ) while other programs no longer receive funds from Congress and have been discontinued. To assist municipalities in building or expanding sewage treatment plants, also known as publicly owned treatment works (POTW), Title II established

SECTION 50

#1732848425660

5720-697: The ability to regulate chemical production and use (with specific mention of PCBs ), and required the agency to create the National Inventory listing of chemicals. Congress also enacted the Resource Conservation and Recovery Act (RCRA) in 1976, significantly amending the Solid Waste Disposal Act of 1965 . It tasked the EPA with setting national goals for waste disposal, conserving energy and natural resources, reducing waste, and ensuring environmentally sound management of waste. Accordingly,

5830-399: The agency developed regulations for solid and hazardous waste that were to be implemented in collaboration with states. President Jimmy Carter appointed Douglas M. Costle as EPA administrator in 1977. To manage the agency's expanding legal mandates and workload, by the end of 1979 the budget grew to $ 5.4 billion and the workforce size increased to 13,000. In 1980, following

5940-529: The agency in partnership with the states. Congress amended the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in 1972, requiring EPA to measure every pesticide's risks against its potential benefits. In 1973 President Nixon appointed Russell E. Train , to be the next EPA Administrator. In 1974 Congress passed the Safe Drinking Water Act , requiring EPA to develop mandatory federal standards for all public water systems , which serve 90% of

6050-553: The agency its regulatory authority. A major expansion of the Clean Air Act was approved in December 1970. EPA staff recall that in the early days there was "an enormous sense of purpose and excitement" and the expectation that "there was this agency which was going to do something about a problem that clearly was on the minds of a lot of people in this country," leading to tens of thousands of resumes from those eager to participate in

6160-502: The agency was sued by an environmental group . In 1977, the D.C. Circuit Court of Appeals ruled that stormwater discharges must be covered by the permit program. Research conducted starting in the late 1970s and 1980s indicated that stormwater runoff was a significant cause of water quality impairment in many parts of the US. In the early 1980s, the EPA conducted the Nationwide Urban Runoff Program (NURP) to document

6270-632: The agency's Scientific Integrity Official, Francesca Grifo , from testifying at a House committee hearing. EPA offered to send a different representative in place of Grifo and accused the committee of "dictating to the agency who they believe was qualified to speak." The hearing was to discuss the importance of allowing federal scientists and other employees to speak freely when and to whom they want to about their research without having to worry about any political consequences. In September 2019 air pollution standards in California were once again under attack, as

6380-634: The agency. Assistant Administrator Rita Lavelle was fired by Reagan in February 1983 because of her mismanagement of the Superfund program. Gorsuch had increasing confrontations with Congress over Superfund and other programs, including her refusal to submit subpoenaed documents. Gorsuch was cited for contempt of Congress and the White House directed EPA to submit the documents to Congress. Gorsuch and most of her senior staff resigned in March 1983. Reagan then appointed William Ruckelshaus as EPA Administrator for

6490-419: The budget of the EPA by 22%, reduced the number of cases filed against polluters, relaxed Clean Air Act regulations, and facilitated the spraying of restricted-use pesticides. She cut the total number of agency employees, and hired staff from the industries they were supposed to be regulating. Environmentalists contended that her policies were designed to placate polluters, and accused her of trying to dismantle

6600-459: The censorship of environmental reports . President Obama appointed Gina McCarthy as EPA administrator in 2013. In 2014, the EPA published its "Tier 3" standards for cars, trucks and other motor vehicles, which tightened air pollution emission requirements and lowered the sulfur content in gasoline. In 2015, the EPA discovered extensive violations by Volkswagen Group in its manufacture of Volkswagen and Audi diesel engine cars, for

6710-403: The combination of pesticide programs from the United States Department of Agriculture and the United States Department of the Interior . After conducting hearings during that summer, the House and Senate approved the proposal. The EPA was created 90 days before it had to operate, and officially opened its doors on December 2, 1970. The agency's first administrator, William Ruckelshaus , took

SECTION 60

#1732848425660

6820-762: The discharge of almost 700 billion pounds of pollutants each year. EPA has updated some categories since their initial promulgation and has added new categories. The secondary treatment standards for POTWs and the effluent guidelines are implemented through NPDES permits. (See Title IV .) The categorical pretreatment standards are typically implemented by POTWs through permits that they issue to their industrial users. The CWA requires states to monitor their water bodies and establish Water Quality Standards for them. Water Quality Standards (WQS) are risk-based requirements which set site-specific allowable pollutant levels for individual water bodies, such as rivers, lakes, streams and wetlands. States set WQS by designating uses for

6930-521: The discharging facilities. The CWA also allows tribes to issue permits, but no tribes have been authorized by EPA. In the remaining states and territories , the permits are issued by an EPA regional office. (See Titles III and IV .) In legislation prior to 1972, Congress had authorized states to develop water quality standards, which would limit discharges from facilities based on the characteristics of individual water bodies. However, those standards were to be developed only for interstate waters, and

7040-484: The discovery of many abandoned or mismanaged hazardous waste sites such as Love Canal , Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act , nicknamed "Superfund." The new law authorized EPA to cast a wider net for parties responsible for sites contaminated by previous hazardous waste disposal and established a funding mechanism for assessment and cleanup. In

7150-591: The disease." Under the current Supreme Court rule issued in 2023, all waters (such as streams, oceans, rivers and lakes) with "a continuous surface connection" to "navigable waters" are covered under the CWA. The 1972 statute frequently uses the term "navigable waters" but also defines the term as "waters of the United States, including the territorial seas." Regulations interpreting the 1972 law have included water features such as intermittent streams , playa lakes , prairie potholes , sloughs and wetlands as "waters of

7260-582: The distance the pollutants traveled and time to reach navigable waters, with consideration for the material that the pollutants traveled through, any physical or chemical interaction of the pollutants with components in the ground, and how much of the pollutant makes it to the navigable water. In July 2021, following the Supreme Court decision, the Hawaii District Court determined that the Maui County sewage treatment plant's groundwater injection of sewage

7370-410: The elderly are at highest risk for gastrointestinal disease. In a study investigating the association between drinking water quality and gastrointestinal illness in the elderly of Philadelphia, scientists found water quality 9 to 11 days before the visit was negatively associated with hospital admissions for gastrointestinal illness, with an interquartile range increase in turbidity being associated with

7480-449: The elderly, and people whose immune systems are compromised because of AIDS, chemotherapy, or transplant medications, may be especially susceptible to illness from some contaminants. Gastrointestinal disorders include such conditions as constipation, irritable bowel syndrome, hemorrhoids, anal fissures, perianal abscesses, anal fistulas, perianal infections, diverticular diseases, colitis, colon polyps and cancer. In general, children and

7590-420: The environment. The "detailed statement" would ultimately be referred to as an environmental impact statement (EIS). On July 9, 1970, Nixon proposed an executive reorganization that consolidated many environmental responsibilities of the federal government under one agency, a new Environmental Protection Agency. This proposal included merging pollution control programs from a number of departments, such as

7700-774: The extent of the urban stormwater problem. The agency began to develop regulations for stormwater permit coverage but encountered resistance from industry and municipalities, and there were additional rounds of litigation. The litigation was pending when Congress considered further amendments to the CWA in 1986. In the Water Quality Act of 1987, Congress responded to the stormwater problem by defining industrial stormwater dischargers and municipal separate storm sewer systems (often called "MS4") as point sources, and requiring them to obtain NPDES permits, by specific deadlines. The permit exemption for agricultural discharges continued, but Congress created several programs and grants, including

7810-542: The fossil fuel industry. In 2017, the Presidency of Donald Trump proposed a 31% cut to the EPA's budget to $ 5.7 billion from $ 8.1 billion and to eliminate a quarter of the agency jobs. However, this cut was not approved by Congress. Pruitt resigned from the position on July 5, 2018, citing "unrelenting attacks" due to ongoing ethics controversies. President Trump appointed Andrew R. Wheeler as EPA Administrator in 2019. On July 17, 2019, EPA management prohibited

7920-405: The highest quality waters in the US with ecological significance. States and Native American tribes also adopt general policies pertaining to water quality standards that are subject to review and approval by the EPA. Those provisions on water quality standards include mixing zones, variance, and low flow policies. Mixing zone policy is defined area surrounding a point source discharge where sewage

8030-506: The mighty effort to clean up America's environment. When EPA first began operation, members of the private sector felt strongly that the environmental protection movement was a passing fad. Ruckelshaus stated that he felt pressure to show a public which was deeply skeptical about government's effectiveness, that EPA could respond effectively to widespread concerns about pollution. The burning Cuyahoga River in Cleveland, Ohio, in 1969 led to

8140-504: The nearly 1,600 EPA staff scientists who responded online to a detailed questionnaire reported they had experienced incidents of political interference in their work. The survey included chemists, toxicologists, engineers, geologists and experts in other fields of science. About 40% of the scientists reported that the interference had been more prevalent in the last five years than in previous years. President Barack Obama appointed Lisa P. Jackson as EPA administrator in 2009. In 2010 it

8250-644: The next decade and a half. Following the issuance of a TMDL for a water body, implementation of the requirements involves modification to NPDES permits for facilities discharging to the water body to meet the WLA allocated to the water body (see Title IV ). The development of WQS and TMDL is a complex process, both scientifically and legally, and it is a resource-intensive process for state agencies. More than half of U.S. stream and river miles continue to violate water quality standards. Surveys of lakes, ponds and reservoirs indicated that about 70 percent were impaired (measured on

8360-815: The number of waste sites that are remediated in a given year. (In 2021 Congress reauthorized an excise tax on chemical manufacturers. ) Major legislative updates during the Clinton Administration were the Food Quality Protection Act and the 1996 amendments to the Safe Drinking Water Act. President George W. Bush appointed Christine Todd Whitman as EPA administrator in 2001. Whitman was succeeded by Mike Leavitt in 2003 and Stephen L. Johnson in 2005. In March 2005 nine states (California, New York, New Jersey, New Hampshire, Massachusetts, Maine, Connecticut, New Mexico and Vermont) sued

8470-596: The oath of office on December 4, 1970. EPA's primary predecessor was the former Environmental Health Divisions of the U.S. Public Health Service (PHS), and its creation caused one of a series of reorganizations of PHS that occurred during 1966–1973. From PHS, EPA absorbed the entire National Air Pollution Control Administration, as well as the Environmental Control Administration's Bureau of Solid Waste Management, Bureau of Water Hygiene, and part of its Bureau of Radiological Health. It also absorbed

8580-552: The passage of the Superfund law in 1980, an excise tax had been levied on the chemical and petroleum industries, to support the cleanup trust fund. Congressional authorization of the tax was due to expire in 1995. Although Browner and the Clinton Administration supported continuation of the tax, Congress declined to reauthorize it. Subsequently, the Superfund program was supported only by annual appropriations, greatly reducing

8690-412: The permit. The 1972 act authorized continued use of the water quality-based approach, but in coordination with the technology-based standards. After application of technology-based standards to a permit, if water quality is still impaired for the particular water body, then the permit agency may add water quality-based limitations to that permit. The additional limitations are to be more stringent than

8800-423: The point source definition in the 1972 CWA and was unclear on the status of some other sources. Such sources were therefore considered to be nonpoint sources that were not subject to the permit program. Agricultural stormwater discharges and irrigation return flows were specifically exempted from permit requirements. Congress, however, provided support for research, technical and financial assistance programs at

8910-417: The preparation of an annual environmental report. The conservation movement was weak at the time and the bill did not pass Congress. The 1962 publication of Silent Spring , a best-selling book by Rachel Carson , alerted the public about the detrimental effects on animals and humans of the indiscriminate use of pesticide chemicals. In the years following, Congress discussed possible solutions. In 1968,

9020-419: The presiding judge in a litigation brought about by people who claim to have developed glyphosate-related non-Hodgkin's lymphoma opened Monsanto emails and other documents related to the case, including email exchanges between the company and federal regulators. According to The New York Times , the "records suggested that Monsanto had ghostwritten research that was later attributed to academics and indicated that

9130-442: The proposed federal standards. It was reported that Johnson ignored his own staff in making this decision. In 2007 it was reported that EPA research was suppressed by career managers. Supervisors at EPA's National Center for Environmental Assessment required several paragraphs to be deleted from a peer-reviewed journal article about EPA's integrated risk information system , which led two co-authors to have their names removed from

9240-419: The public welfare—a decision that would trigger the first national mandatory global-warming regulations. Associate Deputy Administrator Jason Burnett e-mailed the draft to the White House. White House aides—who had long resisted mandatory regulations as a way to address climate change—knew the gist of what Johnson's finding would be, Burnett said. They also knew that once they opened the attachment, it would become

9350-414: The publication, and the corresponding author, Ching-Hung Hsu, to leave EPA "because of the draconian restrictions placed on publishing". The 2007 report stated that EPA subjected employees who author scientific papers to prior restraint , even if those papers are written on personal time. In December 2007 EPA administrator Johnson approved a draft of a document that declared that climate change imperiled

9460-443: The range of "natural" conditions. Establishing targets to restore beneficial uses is challenging and sometimes controversial. For example, the restoration of a fishery may require reducing temperatures, nutrients, sediments, and improving habitat. Necessary values for each pollutant target to restore fisheries can be uncertain. The potential for a water body to support a fishery even in a pristine state can be uncertain. Calculating

9570-485: The relationship between water pollution and rising male fertility problems. Study identified a group of chemicals that act as anti-androgens in polluted water, which inhibits the function of the male hormone, testosterone, reducing male fertility. Neurological disorders are diseases of the brain, spine and the nerves that connect them. The new study of more than 700 people in California's Central Valley found that those who likely consumed contaminated private well water had

9680-412: The responsibilities of the states in addressing pollution and providing assistance to states to do so, including funding for publicly owned treatment works for the improvement of wastewater treatment ; and maintaining the integrity of wetlands . The Clean Water Act was one of the United States' first and most influential modern environmental laws . Its laws and regulations are primarily administered by

9790-438: The responsibility of maintaining and enforcing national standards under a variety of environmental laws , in consultation with state, tribal, and local governments. EPA enforcement powers include fines, sanctions , and other measures. It delegates some permitting, monitoring, and enforcement responsibility to U.S. states and the federally recognized tribes . The agency also works with industries and all levels of government in

9900-620: The samples using test methods specified in their permits. EPA publishes analytical methods that are used by the permittees. The procedures identify chemical compounds and microbiological components of wastewater, as required by the act. Some of the chemical compound test procedures include the chemical detection of trace elements such as cancer-causing metals. Some microbiological test procedures use microbial source tracking (MST) techniques to calculate and identify biological and chemical trends that may support new regulatory limits on pollutants. Congress exempted some water pollution sources from

10010-469: The science to support that process (i.e. data, methodology) was in the early stages of development. That system was not effective, and there was no permit system in place to enforce the requirements. In the 1972 CWA, Congress added the permit system and a requirement for technology-based effluent limitations. In the 2020 Supreme Court case County of Maui v. Hawaii Wildlife Fund , the Court also validated that some discharges may not be point sources, but are

10120-428: The section 303(d) list of water bodies not meeting standards. Water bodies on the 303(d) list require development of a Total Maximum Daily Load (TMDL). A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet WQS. The TMDL is determined after study of the specific properties of the water body and the pollutant sources that contribute to the non-compliant status. Generally,

10230-482: The technology-based limitations and would require the permittee to install additional controls. Water quality standards consist of four basic elements: 1) Designated uses; 2) Water quality criteria; 3) Antidegradation policy and 4) General policies. The water quality standards regulations require states and federally recognized tribes/nations to specify appropriate uses for water bodies in their jurisdiction. Identification of appropriate water uses takes into consideration

10340-497: The term more broadly, including wetlands with a "significant nexus" to traditionally-defined navigable waters. Since Rapanos , the EPA and the U.S. Army Corps of Engineers have attempted to define protected waters in the context of Rapanos through the 2015 Clean Water Rule , but this has been highly controversial. The agencies considered the CWA to cover bodies of water with a "significant nexus" with traditional navigable waters, according with Justice Kennedy's definition. In 2023,

10450-597: The usage and value of public water supply, protection of fish, wildlife, recreational waters, agricultural, industrial and navigational water ways. Suitability of a water body is examined by states and tribes/nations usages based on physical, chemical, and biological characteristics. States and tribes/nations also examine geographical settings, scenic qualities and economic considerations to determine fitness of designated uses for water bodies. If those standards indicate designated uses to be less than those currently attained, states or tribes are required to revise standards to reflect

10560-463: The use must be designated. States and federally recognized Indigenous Nations protect their designated areas by adopting water quality criteria that the EPA publishes under CWA section 304(a), modifying the criteria to reflect site-specific conditions or adopting criteria based on other scientifically defensible methods. Water quality criteria can be numeric criteria that toxicity causes are known for protection against pollutants. A narrative criterion

10670-465: The uses that are actually being attained. For any body of water with designated uses that do not include "fishable/swimmable" target use that is identified in section 101(a)(2) of CWA, a "Use Attainability Analysis" must be conducted. Every three years, such bodies of water must be re-examined to verify if new information is available that demand a revision of the standard. If new information is available that specify "fishable/swimmable" uses can be attained,

10780-526: The water body (e.g., recreation, water supply, aquatic life, agriculture) and applying water quality criteria (numeric pollutant concentrations and narrative requirements) to protect the designated uses. An antidegradation policy is also issued by each state to maintain and protect existing uses and high quality waters. If a state fails to issue WQS, EPA is required to issue standards for that state. Water bodies that do not meet applicable water quality standards with technology-based controls alone are placed on

10890-416: The water body also is taken into consideration when TMDL calculating is undertaken. The larger the body of water, the greater the amounts of contaminants can be present and still maintain a margin of safety. The margin of safety (MOS) is numeric estimate included in the TMDL calculation, sometimes 10% of the TMDL, intended to allow a safety buffer between the calculated TMDL and the actual load that will allow

11000-426: The water body to meet its beneficial use (since the natural world is complex and several variables may alter future conditions). TMDL is the end product of all point and non-point source pollutants of a single contaminant. Pollutants that originate from a point source are given allowable levels of contaminants to be discharged; this is the waste load allocation (WLA). Nonpoint source pollutants are also calculated into

11110-608: Was based on ideas that had been discussed in the 1959 and subsequent hearings. The Richard Nixon administration made the environment a policy priority in 1969-1971 and created two new agencies, the Council on Environmental Quality (CEQ) and EPA. Nixon signed NEPA into law on January 1, 1970. The law established the CEQ in the Executive Office of the President. NEPA required that a detailed statement of environmental impacts be prepared for all major federal actions significantly affecting

11220-601: Was enacted in 1948, but took on its modern form when completely rewritten in 1972 in an act entitled the Federal Water Pollution Control Act Amendments of 1972 . Major changes have subsequently been introduced via amendatory legislation including the Clean Water Act of 1977 and the Water Quality Act (WQA) of 1987. The Clean Water Act does not directly address groundwater contamination . Groundwater protection provisions are included in

11330-500: Was illegal, and additionally charged that the EPA's system of cap-and-trade to lower average mercury levels would allow power plants to forego reducing mercury emissions, which they objected would lead to dangerous local hotspots of mercury contamination even if average levels declined. Several states also began to enact their own mercury emission regulations. Illinois's proposed rule would have reduced mercury emissions from power plants by an average of 90% by 2009. In 2008—by which point

11440-592: Was reflected in the 1990 amendments to the Clean Air Act and in new approaches by the agency, such as a greater emphasis on watershed -based approaches in Clean Water Act programs. In 1992 EPA and the Department of Energy launched the Energy Star program, a voluntary program that fosters energy efficiency. Carol Browner was appointed EPA administrator by President Bill Clinton and served from 1993 to 2001. Major projects during Browner's term included: Since

11550-489: Was reported that a $ 3 million mapping study on sea level rise was suppressed by EPA management during both the Bush and Obama administrations, and managers changed a key interagency report to reflect the removal of the maps. Between 2011 and 2012, some EPA employees reported difficulty in conducting and reporting the results of studies on hydraulic fracturing due to industry and governmental pressure, and were concerned about

11660-536: Was supposed to be released the day before a controversial energy bill was passed and would have provided backup for those opposed to it, but the EPA delayed its release at the last minute. EPA initiated its voluntary WaterSense program in 2006 to encourage water efficiency through the use of a special label on consumer products. In 2007 the state of California sued the EPA for its refusal to allow California and 16 other states to raise fuel economy standards for new cars. EPA Administrator Stephen Johnson claimed that

11770-422: Was the "functional equivalent of a direct discharge" and required the plant to obtain an NPDES permit. The 1972 CWA created a new requirement for technology-based standards for point source discharges. EPA develops those standards for categories of dischargers, based on the performance of pollution control technologies without regard to the conditions of a particular receiving water body . The intent of Congress

11880-460: Was to create a "level playing field" by establishing a basic national discharge standard for all facilities within a category, using a " Best Available Technology ." The standard becomes the minimum regulatory requirement in a permit. If the national standard is not sufficiently protective at a particular location, then water quality standards may be employed, and the permit authority (state or EPA) will include water quality-based effluent limitations in

11990-454: Was up to 75 percent of a facility's capital cost , with the remainder financed by the state. In subsequent amendments Congress reduced the federal proportion of the grants and in the 1987 WQA transitioned to a revolving loan program in Title VI . Industrial and other private facilities are required to finance their own treatment improvements based on the polluter pays principle . Congress passed

12100-544: Was vocal about environmental issues. Following his election victory, he appointed William K. Reilly , an environmentalist, as EPA Administrator in 1989. Under Reilly's leadership, the EPA implemented voluntary programs and initiated the development of a "cluster rule" for multimedia regulation of the pulp and paper industry. At the time, there was increasing awareness that some environmental issues were regional or localized in nature, and were more appropriately addressed with sub-national approaches and solutions. This understanding

#659340