Gulf Restoration Network

 

Overview

A Legal and Regulatory Framework - Congress passed the Federal Water Pollution Control Act, commonly referred to as the Clean Water Act, in 1972. The Act's mission was to "restore and maintain the chemical, physical, and biological integrity of the nation's waters." The Act laid out as its main goals: (1) zero discharge of pollutants into waters of the United States by 1985 and (2) fishable and swimmable waters by 1983.

The Act required cities to build and operate waste treatment plants, and it required states to adopt water quality standards with federal government oversight and set up permit systems to limit industrial and municipal discharges of pollutants and protect wetlands. The Clean Water Act also established a powerful tool for addressing polluted runoff, the Total Maximum Daily Load Program (TMDLs). The Environmental Protection Agency (EPA) is charged with administering most of the provisions of the Act, with the major exception that the U.S. Army Corps of Engineers implements the permitting program for wetlands.

 

What We Are Doing

The Gulf Restoration Network released the Clean Up Your Act! A Gulf State Report Card which examines each Gulf State's water quality policies.  The report grades the Gulf States on issues such as water quality standards, policies to prevent Dead Zone-causing pollution, public health protection, and citizen participation in the policy-making process.    Florida, Alabama, Mississippi, Louisiana, and Texas earned an average of a D+ for their implementation of the Clean Water Act of 1972. To read the full report click here.

 

Components of the CWA

State Standards

Under the Clean Water Act, states must establish water quality standards that define the  goals for a waterbody. These standards drive the development of water quality-based discharge permits, determine which waters must be cleaned up, how much waters must be cleaned up, and which waters need protection from pollution.

In establishing water quality standards, states must take three major, interrelated actions:

1. Designate uses. States must designate one or more human and ecological water uses that are officially recognized and protected for each waterbody;
2. Establish water quality criteria (descriptions of the conditions considered necessary to protect each designated use); and
3. Develop and implement antidegradation policies and procedures (requirements for protecting all existing uses, keeping clean waters clean, and giving strict protection to outstanding waters).

 

National Pollutant Discharge Elimination System

Under the Clean Water Act, all discharges of a pollutant from a discrete source (i.e. a pipe) require a permit. The Clean Water Act's primary "point source" control program is the National Pollutant Discharge Elimination System (NPDES). Point source is defined as "any discernable, confined, and discrete conveyance (any pipe, ditch, channel, or the like)." Thus, a NPDES permit must be obtained from the EPA in order to legally discharge any pollutant into a waterbody.

 

Nonpoint Sources of Pollution (Polluted Runoff)

The term "non-point" pollution, or polluted runoff, means any source of pollution that does not flow from a point source. The Clean Water Act provides no regulatory controls for non-point source pollution. However, the Act does provide numerous ways to address non-point source pollution, including provisions for:

• Identifying, assessing, and reporting problems;
• Funding monitoring, control, and restoration projects;
• Ratcheting down pollution from both point and nonpoint sources in watersheds listed as impaired.

 

TMDL Program

The Clean Water Act calls on each state to list its polluted water bodies and to set priorities for their clean up. Water bodies qualify for an "impaired waters list" (also known as a 303(d) list) when they are too polluted or degraded to meet water quality standards (fail to support their designated or existing uses). The states must submit their impaired waters lists to Congress.

States must develop watershed restoration action plans , called a "Total Maximum Daily Load" (TMDL) for each water body listed on their impaired waters list. During the TMDL process, the state specifies the problem in the waterbody, identifies the source of pollution, determines the reductions in pollution needed to solve the problem (meet water quality standards/designated uses), and assigns responsibility among the identified sources for the needed pollution reduction.

 

Citizen Suits

The Clean Water Act grants private citizens the right to bring legal actions to enforce the provisions of the Act where a violation will or may negatively affect them. After documenting a violation, the citizen must provide 60 days advance notice of their intent to sue.

 

Imapired Waters List

Every two years, states must submit their impaired waters lists to Congress.  The purpose of this list is to prioritize state waters and develop pollution reduction plans.

The listing of impaired waters is the important first step to get polluted waters cleaned up.  The GRN works to monitor this process to make sure that polluted waters are not improperly or prematurely removed.  But we also need the help of the public to make sure all of our polluted waters are listed.  Here's a way you can help: 

If your local river, lake, or coastal water is polluted but not on the list, you need to bring that to your agency's attention. A sample letter is provided to help you nominate a waterbody for inclusion. The more data you can add to paragraph two, the better! If possible, follow up on this letter by meeting with your agency to discuss listing your waterbody. Although this letter is designed for use by an organization, it can easily be modified to express your concerns as a citizen. - missing pdf lettter - bad link on old website

 

Water Pollution Reduction Plans

Water Pollution Reduction Plans: The TMDL Process - Once a waterbody is listed on the impaired waters list, a plan must be developed to clean this water up.  Thses pollution reduction plans (also known as TMDLs) must outline how much of a pollutant must be removed from the water and a plan to do so.  A Total Maximum Daily Load (TMDL) is the maximum amount, before violating water quality standards, of a particular pollutant that a specific water body can absorb. The Clean Water Act mandates the establishment of these maximum levels, or TMDLs, in an effort to improve the quality of waters throughout the United States.

After almost three decades of getting very little accomplished, the EPA was sued, thereby forcing them and the state water quality agencies to finally begin the TMDL process.

An overview of how the pollution reduction planning process is supposed to work follows:

1. A list of water bodies and/or water body segments that do not satisfy water quality standards is created and prioritized. Both the location and type of pollutant are included in this list.
2. The water body is sampled for pollutant concentrations.
3. A number, called the waste load reduction, is calculated.  This number represents the difference between the amount of pollution the water body can handle and the actual pollution being released into the water body.
4. A determination of pollution sources is made. A waste load reduction is allocated to non-point and point sources in order to satisfy state water quality standards.
5. An implementation plan for reduction of non-point and point pollution sources is provided.

 

Although state agencies have begun the TMDL process in most of the Gulf states, there are serious inadequacies with these reports. For example, in the state of Louisiana the TMDLs are being developed without the inclusion of an implementation plan. Also, several states around the country have reported problems with inaccurate sampling techniques, accelerated and unjustified de-listing of waters that violate state water quality standards, and a neglect to reduce pollution from point sources.

A special thanks to the River Network for providing the information used in this summary. For more information on the Clean Water Act, contact the River Network