Clean Water Issues in the 107th Congress

Publication Date: January 2003

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Environment

Type:

Abstract:

Key water quality issues currently include: actions to implement existing provisions of the Clean Water Act (CWA), whether additional steps are necessary to achieve overall goals of the Act, and the appropriate federal role in guiding and paying for clean water infrastructure and other activities. In the second session of the 107th Congress, House and Senate committees approved legislation to reauthorize water infrastructure funding programs (H.R. 3930, S. 1961), but no further action occurred. Congress did pass a bill with funding to clean up contaminated sediments in the Great Lakes (H.R. 1070, P.L. 107-303).

CWA amendments in 1987, the last comprehensive revision, initiated a program of grants to capitalize State Water Pollution Control Revolving Funds, or SRF loan programs, for wastewater treatment plant construction. States were to have flexibility in exchange for a phaseout of federal assistance after FY1994. However, difficulties that some states and small towns have had in implementing the SRF program, coupled with financing needs that are estimated to exceed $130 billion nationwide, have made wastewater treatment funding an important issue.

Congress remains interested in implementation of an existing provision of the Act that requires states to set “total maximum daily loads” (TMDLs) of pollution to ensure that water quality standards are attained. Rules issued by EPA in July 2000 to strengthen the TMDL program have been very controversial. The Bush Administration has decided to review and revise the Clinton rules.

Also of interest are EPA and USDA actions during the Clinton Administration to better manage waste discharges from animal feeding operations, which can pollute waterways. Congress has been examining impacts on agricultural producers and how the programs will be funded.

Programs that regulate activities in wetlands, such as Section 404 of the CWA, have been criticized by landowners for intruding on private land-use decisions and imposing excessive economic burdens. Environmental groups, who view these programs as essential for maintaining the health of wetland ecosystems, are concerned about a 2001 Supreme Court decision that narrowed regulatory protection of wetlands, as well as recent administrative actions which they believe will likewise diminish protection. Because of continuing wide disagreement about the nature of needed reforms, it has been difficult for policymakers to reach consensus on legislative change.

Monitoring data have identified wet weather discharges to rivers and lakes (including urban stormwater and sewer overflows) as a serious threat to water quality. Clean water programs are now focusing on solving these wet weather pollution problems. At issue is whether and how to specify wet weather programs in the Act and how to pay for related pollution control projects.

This issue brief will not be updated. For information on legislative activity in the 108th
Congress, see CRS Issue Brief IB10108, Clean Water Act Issues in the 108th Congress.