Federal Water Pollution Control Act (Clean Water Act)

Federal Water Pollution Control Act, as amended (also called the Clean Water Act) (33 U.S.C. ?? 1251 et seq.) The Clean Water Act (CWA) establishes the basic scheme for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters. The primary mechanism in the CWA regulating the discharge of pollutants is the National Pollutant Discharge Elimination System (NPDES), which is administered by the Environmental Protection Agency (EPA). Under the NPDES program, a permit is required from EPA or an authorized state for the discharge of any pollutant from a point source into the waters of the U.S. (section 402; 33 U.S.C. ? 1342). This includes discharges associated with oil and gas development on federal leases beyond state waters. A NPDES permit for certain stormwater discharges also is required. In the case of discharges to the territorial sea or beyond, permits are also subject to the ocean discharge criteria developed under section 403 of the Act (33 U.S.C. ? 1343). Permits for discharges into the territorial sea or internal waters may be issued by states following approval of their permit program by EPA; in the absence of an approved state permit program, and for discharges beyond the territorial sea, EPA is the permit-issuing authority. Section 320 of the CWA establishes the National Estuary Program, which uses a consensus-based approach for protecting and restoring estuaries. As of 1998, there were 28 estuaries in the program (33 U.S.C. ? 1330). The Army Corps of Engineers (COE) implements the section 404 permit program (33 U.S.C. 1344). Under section 404, a permit is required for the discharge of dredged or fill materials into the waters of the U.S. that lie inside of the baseline for the territorial sea and fill materials into the territorial sea within three miles of shore. Although COE has the permitting responsibility under the section 404 program except in certain waters of two states (Michigan and New Jersey), which have assumed the authority, EPA is authorized to review and comment on the impact of proposed dredge and fill activities and to prohibit discharges that would have an unacceptable impact on municipal water supplies, shellfish beds, fishery areas, wildlife, and recreational areas. EPA, in consultation with COE, is charged with developing guidelines to be used in evaluating discharges subject to section 404. (See 40 C.F.R. Part 230.) The section 404 permit requirement is the cornerstone for the current wetlands regulatory program. If COE or EPA determines that a certain property is a jurisdictional wetland, no one can discharge dredged or fill materials into it without a section 404 permit. COE and EPA also have cooperative agreements with the Natural Resources Conservation Service and rely on its determinations as to the presence of wetlands on agricultural lands. The CWA was amended in 1987 to include the current nonpoint source (NPS) program. Under this program (section 319; 33 U.S.C. ? 1329), states must develop management programs to address NPS runoff, including the identification of best management practices and measures. In addition, section 319 authorizes grants to assist the states in implementing their approved management programs. The CWA generally prohibits discharges of oil and hazardous substances into coastal or ocean waters except where permitted under the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships (section 311; 33 U.S.C. ? 1321). The U.S. Coast Guard (USCG) investigates and responds to discharges of oil and hazardous substances into coastal or ocean waters in accordance with the National Contingency Plan (NCP). The USCG, with the cooperation of EPA, generally administers the NCP when oil or a hazardous substance is discharged into coastal or ocean waters. Regional and area contingency plans are developed to implement the NCP. The CWA (section 312; 33 U.S.C. ? 1322) requires vessels with installed toilet facilities and operating on the navigable waters of the U.S. to contain operable marine sanitation devices certified as meeting standards and regulations promulgated under section 312. Section 312 also allows establishment of zones where discharge of sewage from vessels is completely prohibited. Amendments made to section 312 in 1996 will require, where appropriate, the use of marine pollution control devices for operational, non-sewage, discharges from vessels of the Armed Forces. Publicly owned sewage treatment facilities must, at a minimum, meet effluent reductions by secondary treatment, except for certain facilities discharging to coastal waters for which EPA has approved a waiver under section 301(h) (Source: Year of the Ocean Discussion Papers 1998).