Water-pollution policy

DEFINITION: High-level governmental plan of action for protecting waters from environmental degradation that would render them unfit for desired uses

Water-pollution policy is determined by laws and regulatory agencies that deal with a society’s interactions with waterborne contaminants, including infectious disease organisms. Included are policies that prevent the entry of these agents into or lower their levels in aquatic ecosystems. Two primary goals pervade such policies: protection of human health and protection of natural aquatic resources.

Water can be defined as any physical, chemical, or biological change in water quality that adversely affects living organisms or makes water unsuitable for desired uses. There are natural sources of water contamination, such as oil seeps and toxic algal blooms, but is generally caused by human activities, and natural processes that produce contamination are often triggered or exacerbated by human actions. Categories of water pollutants include infectious agents such as and viruses; chemicals such as pesticides, plastics, and oil; such as acids, salts, and metals; radioactive materials; sediments; plant nutrients such as nitrates and phosphates; oxygen-demanding wastes such as manure and plant residues; and heat. Each of these categories presents unique scientific and technical problems that must be addressed through specific policies.

While the term “water pollution” evokes images of industrial or flowing into pristine waters, most pollution sources are not so easy to identify or control. Nonpoint sources—diffuse sources of a variety of contaminants—contribute substantially to pollution problems and pose a major challenge to pollution-control efforts. Wherever rainfall, snowmelt, and flow across the land or through the ground, they pick up contaminants. Ultimately, those contaminants migrate into rivers, lakes, coastal waters, and groundwater.

Water Quality in the United States

Since the 1970s water-pollution policy has been highly effective at increasing the quality of water in the United States. However, surveys indicate that a significant percentage of the surface waters and estuaries in the United States still do not meet water-quality goals. The National Water Quality Inventory Report is the primary method for informing Congress and the public about the conditions of water quality. The report, required under section 305(b) of the Clean Water Act, periodically characterizes the nation’s water quality, identifies problem with water quality of national significance, and describes various programs implemented to restore and protect water. The 2017 report surveyed 1.1 million of the country's 3.5 million river and streams. It found that 21 percent were hypereutrophic, or very disturbed, and 18 percent were in poor biological condition. Agricultural activities and atmospheric deposition were the major sources of pollutants. Pathogens included bacteria that indicate possible fecal contamination, sediment, and nutrients such as phosphorus and nitrogen.

In the same inventory, more than 1,000 of the nation's 112,000 lakes were surveyed. Included were lakes that had an area of at least 2.5 acres (1 hectare) and were at least 3.2 feet (1 meter) deep. Of these, 21 percent were hypereutrophic and 34 percent were eutrophic. High phosphorus levels, which increase the growth of algae, were mostly to blame. About 40 percent of lakes were in the most disturbed condition in terms of phosphorus. Atmospheric deposition, unspecified nonpoint sources, and agriculture were reported to be the leading sources of pollutants.

US Water-Pollution Laws

Numerous laws have been passed in the United States that have some influence on water quality in the country. In response to increasing public concern about water pollution, Congress passed the Federal Water Pollution Control Act (FWPCA) of 1948, the first federal legislation to deal directly with the issue. Its primary goal was to provide funding for the research and implementation of state programs to control water pollution. Additional legislation and funding occurred through a 1956 amendment to the FWPCA, which was drafted to combat water-quality problems associated with increasing industrialization. The early emphasis of state control of water quality was extended in a 1965 amendment to the FWPCA. Called the Federal Water Quality Act, it required states to adopt water-quality standards and implementation plans. However, this act did not provide for sufficient enforcement mechanisms, and by 1972 only about one-half of the states had set water-quality standards. Furthermore, many of the states did a poor job of enforcing the standards, particularly in the case of individual dischargers fouling state waters.

Congress passed the Federal Water Pollution Control Act Amendments of 1972 with the objective of restoring and maintaining the chemical, physical, and biological integrity of the nation’s waters. Some of the specific goals of the act were to eliminate all discharges of pollutants into the by 1985; protect fish, shellfish, and wildlife, and provide for recreation by 1983; prohibit the discharge of in toxic amounts; and provide financial assistance for the construction of publicly owned treatment works. The amended act sought to accomplish these goals by combining state water-quality standards with the technology-based approach of setting effluent limitations. The Clean Water Act amendment of 1977, which addressed various technical issues that had become apparent since passage of the 1972 amendments, gave the legislation its current name.

In 1987 the Clean Water Act underwent further amendment. Congress recognized that, although significant progress had been made, substantial water-quality problems persisted. New provisions established a comprehensive program for controlling toxic pollutant discharges beyond that already provided in the act, added a program requiring states to develop and implement programs to control nonpoint sources of pollution, and authorized a total of $18 billion in aid for treatment assistance.

While the ambitious goals of the Clean Water Act have not been entirely met, there are many success stories. Notable among them is the improved management of the nation’s municipal wastewater. The number of people in the United States served by sewage treatment plants increased from 85 million in 1972 to 240 million by 2023. Discharges of untreated sewage were eliminated by 1996.

Other Important Policies

In order to protect the and human health in the United States, Congress has passed a number of other water-quality bills. For example, in response to suggestions that drinking-water policies and enforcement of those policies were too lax, especially in rural water districts and small towns, the Safe Drinking Water Act of 1974 was passed. This law regulates water quality in commercial and municipal drinking-water systems by establishing minimum standards for drinking-water quality for every community. Among the contaminants regulated are bacteria; nitrates; metals such as arsenic, cadmium, chromium, lead, mercury, and silver; pesticides; radioactivity; and turbidity. The act also contains limited provisions for the protection of and aquifers.

In 1976 Congress passed the Toxic Substances Control Act, which categorizes toxic and hazardous substances, funds a research program, and regulates the use and disposal of poisonous chemicals. Before a new chemical can be manufactured in bulk, the manufacturer must submit a premanufacturing report to the Environmental Protection Agency (EPA) in which the environmental impacts are assessed, including those associated with disposal of the chemical.

Another important environmental protection law passed in 1976 was the Resource Conservation and Recovery Act (RCRA). The law, which regulates hazardous waste and nonhazardous solid waste, takes a “cradle-to-grave” approach to management. Under RCRA, once hazardous waste is generated, it must be tracked, handled, stored, transported, and disposed of responsibly. The law also encourages and reuse as a means for reducing the volume of waste requiring disposal.

In response to water-quality problems associated with dumps, Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in 1980. This law is also known as the Superfund Act because it established a fund that has provided billions of dollars toward cleaning abandoned toxic waste sites. Amendments to CERCLA include a 1986 act establishing a community’s right to know about the presence of toxic materials in their area. Additional legislation, the Oil Pollution Act of 1990, was passed to toughen cleanup requirements and penalties for oil discharges after the highly publicized Exxon Valdez of 1989.

During the early twenty-first century, US water-pollution policy under President George W. Bush’s administration (2001-2009) relaxed to become more industry-friendly. Supreme Court decisions in 2001 and 2006 rolled back protections, funding lagged for wastewater treatment infrastructure, enforcement cases were stalled or dropped, and in a 2008 rule the transfer of contaminated water from one water body into a cleaner receiving water body was deregulated. Nine states sued the EPA over this water-transfer rule.

In 2024, the Biden Administration announced the America the Beautiful Freshwater Challenge: A Partnership to Conserve and Restore America's Rivers, Lakes, Streams, and Wetlands. The challenge set a goal to conserve 8 million acres (3.2 million hectares) of welands and to protect, reconnect, or restore 100,000 miles (160,934 kilometers) of rivers and streams by 2030.

International Agreements

The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, better known as the London Convention of 1972, is an international treaty ratified by the United States that calls for the cessation of the dumping of industrial wastes, effluents from cargo tank washing, and plastic into the world’s oceans. The United States passed the Marine Protection, Research, and Sanctuaries Act in 1972 to support the provisions of the London Convention. Pollution from oceangoing vessels was addressed in another international agreement, the 1973 International Convention for the Prevention of Pollution from Ships, and a 1978 protocol that amended it. MARPOL 73/78, as the amended treaty is known, was further amended in 1988 to prohibit the dumping of plastics anywhere in the ocean.

Another key international agreement is the 1972 Great Lakes Water Quality Agreement between Canada and the United States. This agreement and subsequent amendments in 1978 and 1987 affirmed the two countries’ determination to restore and enhance water quality in the Great Lakes system, which includes the entire lake basin and the St. Lawrence River. The initial agreement focused on the of the Great Lakes and the need to reduce loadings of phosphorus. Since the signing of the agreement in 1972, additional objectives have focused on the virtual elimination of persistent and toxic substances.

Bibliography

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