Clean Water Act Overview 2023

Water Pollution

• Course: EC 434/534, University of Oregon
• Instructor: Emmett Reynier
• Semester: Fall 2034

Introduction

• No further information provided

Distinguishing Factors of Water Pollution

• Recreational benefits are prioritized over other types of pollutants (e.g., air pollution, GHGs)
• Economies of scale are large in sewage and waste treatment
• Tracing pollution sources is difficult, potentially including runoff from streets/farms or atmospheric distribution (e.g., acid rain)
• A different policy approach is needed compared to air pollution

Nature of Water Pollution Problems

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Types of Waste-Receiving Water

• Surface Water: Rivers, lakes, and oceans; historically the primary focus of policy; serves as drinking water, but also has recreational value.
• Groundwater: Beneath the Earth's surface in soils, rocks, or saturated geological formations; once considered pristine, now susceptible to significant chemical contamination; used for irrigation and drinking water.

Sources of Contamination

• Point Sources: Directly discharge pollutants into surface waters at specific locations (e.g., pipes, outlets, ditches). Examples include wastewater treatment plants and factories.
• Nonpoint Sources: Indirectly and diffusely contaminate water. Examples include fertilizer and pesticide runoff from lawns and farms after rainfall. Difficult to regulate due to unpredictable sources and timing.

Other Types of Water Pollution

• Groundwater Contamination: Pollutants leach into water-saturated soil/rock layers. Groundwater removal rate is slower than surface water replacement, leading to more persistent contamination.
• Ocean Pollution:
  • Oil Spills: Less frequent but still occur.
  • Ocean Dumping: Sewage, sludge, unwanted chemicals (e.g., DDT), and radioactive materials are disposed of in the ocean.
  • Trash (e.g., plastic) runoff.

Pollutant Decomposition

• Pollutants' persistence in the environment is crucial.
• Fund Pollutants: Environment has some ability to break them down.
• Stock Pollutants: Do not break down, remain in the environment unless removed.

Types of Pollutants

• Organic Materials: Degradable, but require oxygen for breakdown. High loads can deplete available oxygen for other organisms.
• Nitrogen and Phosphorus: Runoff from agriculture leads to eutrophication (excessive nutrient enrichment). Stimulate aquatic plant growth (algal blooms). Algae decomposition depletes water oxygen, potentially creating dead zones.
• Thermal Pollutants: Heat added to water sources (e.g., electrical utilities with steam turbine power, data centers near water for server cooling). Can disrupt ecosystems adapted to specific water temperatures.
• Heavy Metals: Do not decompose; can accumulate in organisms. Mercury bioaccumulates in fish, causing health risks to humans through consumption. Cadmium contamination has affected crops (e.g., Japan).

Water Pollution Control Policy

Early US Legislation

• 1899 Refuse Act: Prohibited dumping of refuse without permits, primarily to protect navigation, but not enforced effectively.
• 1948 Water Pollution Control Act: Primarily granted authority to states, but allowed federal investigations, research, and surveys. Included federal support for waste treatment plants and some discretionary regulation of waste discharges.
• 1965 Water Quality Act: Set effluent quality standards, requiring state implementation plans, somewhat comparable to air pollution control, but lacked strong links to ambient water quality standards.

Subsequent Legislation

• Clean Water Act (1972 Amendments): Goal of eliminating pollutant discharges into navigable rivers by 1985. Establishing interim goals for water quality to protect, propagate fish, shellfish, and wildlife; and support recreation in waters. Included stricter technology standards for dischargers and uniform permit requirements. But enforcement was delayed, and there was no authority to regulate nonpoint sources.

Examples of Recent CWA Rules

• Waters of the US (WOTUS): The CWA definition of "waters of the US" has been subject to legal battles and Supreme Court decisions, encompassing the controversy surrounding ephemeral streams and disconnected wetlands. The EPA's attempts to determine broad implications have been unsuccessful.
• Steam Electric Effluent Limitations: EPA has imposed stricter rules for steam-powered electricity generators. Rules cover pollutants from coal/oil/natural gas plants.
• Stricter Rules for Drinking Water (Safe Drinking Water Act, 1972): Established standards for bacterial, chemical, and physical contaminants in drinking water. Includes standards based on best available technology.
• Lead and Copper Rule Improvements: Mandated lead pipe replacement within a decade and upgraded lead and copper monitoring.
• PFAS: The Act established maximum contaminant levels for six PFAS in drinking water, incorporating monitoring requirements.

Ocean Pollution

• Oil Spills: The CWA banned oil discharges and holds firms liable for cleanup and damages. Limits liability to $50 million unless willful negligence or misconduct is established.
• Ocean Dumping: Covered by the Marine Protection Research and Sanctuaries Act of 1972, which prohibits dumping of industrial waste and sewage.
• Ocean Trash: Not regulated by laws; difficult to identify and manage sources.

Efficiency and Cost-Effectiveness

• Understanding efficient and cost-effective water pollution policy is necessary.

The CWA and Zero Discharge

• The CWA set a goal of zero pollutants using technology standards. The plan is likely to be expensive (estimated costs for 85-90% removal are $62 Billion, 100% removal $317 Billion). Some pollutants may be justified to reach zero, while others do not pose significant pollution in low quantities. Effluent standards are often uniformly imposed on all polluters and not linked to consistent ambient water quality.

National Effluent Standards

• Using single national standards for over 60,000 sources is not necessarily an efficient approach.

Wastewater Treatment Subsidies

• CWA subsidized wastewater treatment plants, but this approach lacked incentives to manage and operate facilities. Limited monitoring of facility effectiveness and allocation of funds by first-come, first-serve, rather than impact-based criteria, are potential inefficiency issues.

Watershed-Based Trading

• Programs exist in the US, primarily for point-source pollution reductions. These involve trading reductions among polluters within a watershed.

Effects of the Clean Water Act

• Research has quantified costs and benefits, with substantial falls in pollutant concentrations since the CWA's implementation.

Conclusion

• US water pollution is regulated using mandatory technology on point sources. The clear benefits of increased water cleanup standards are becoming less evident, and strategies to achieve the goals at lower cost should be considered.

This quiz explores significant updates and implications of the Clean Water Act (CWA) following the Sackett case in 2023. It includes questions on recent regulatory changes and key features of environmental protections including the Safe Drinking Water Act and new EPA rules. Test your knowledge on important legislation impacting water quality and pollution control.