Clean Water Act Issues in the 108th Congress

Publication Date: October 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Environment

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Abstract:

Prospects for legislative initiatives to comprehensively amend the Clean Water Act (CWA) have stalled for some time over whether and exactly how to change the law, and Congress has recently focused legislative attention on narrow bills to extend or modify selected CWA programs, rather than taking up comprehensive proposals. For example, in the 108th Congress, the House and Senate have passed legislation to reauthorize the National Estuary Program (H.R. 4731).

For several years, the most prominent water quality issue has concerned financial assistance for municipal wastewater treatment projects. In 2002, House and Senate committees approved bills to reauthorize the Act’s wastewater infrastructure funding program, but no further action occurred. This issue has again received attention in the 108th Congress. At issue is how the federal government will assist states and cities in meeting needs to rebuild, repair, and upgrade wastewater treatment plants, especially in light of capital costs which are projected to be as much as $390 billion over the next two decades. In October 2004, the Senate Environment and Public Works Committee reported legislation to authorize $20 billion in funding for clean water infrastructure (S. 2550), while in July 2003, a House Transportation and Infrastructure subcommittee also approved a water infrastructure financing bill (H.R. 1560). Still, prospects for further action during the 108th Congress are uncertain.

Several other Clean Water Act issues could invite congressional attention, through oversight hearings and possibly in legislative proposals. Among the topics of interest is whether and how the Administration will revise the current program for restoration of pollution-impaired waters (the Total Maximum Daily Load, or TMDL program), in view of controversy over regulatory changes made during the Clinton Administration and continuing disagreement among states, cities, industry, and environmental advocates about program effectiveness and efficiency.

Programs that regulate activities in wetlands, especially CWA Section 404, have been criticized by landowners for intruding on private land-use decisions and imposing excessive economic burdens. Environmentalists view these programs as essential for maintaining the health of wetland ecosystems. These groups 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.

Also of interest are water pollution problems due to waste discharges from large animal feeding operations, termed Confined Animal Feeding Operations (CAFOs). Revised clean water rules for management of CAFO waste were issued by EPA in December 2002. Details of these rules and overall efforts to address animal waste management problems could receive congressional attention.