4.1 Objectives and Regulatory Framework of the Clean Water Act

The Clean Water Act (CWA) is the cornerstone of U.S. water pollution control. It establishes a regulatory framework that includes federal oversight, state collaboration, and a permit system for pollutant discharges. The CWA aims to restore and maintain the chemical, physical, and biological integrity of America's waters.

Water quality standards form the foundation of CWA implementation. These standards define protected waters, set criteria for pollutant levels, and designate uses for waterbodies. The CWA also includes programs for antidegradation and addressing impaired waters through Total Maximum Daily Loads (TMDLs).

Regulatory Framework

Federal Oversight and Legislation

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• Clean Water Act (CWA) established in 1972 serves as the primary federal law governing water pollution in the United States
• National Pollutant Discharge Elimination System (NPDES) regulates point source discharges of pollutants into U.S. waters
• Environmental Protection Agency (EPA) administers the CWA and oversees implementation of water quality programs
• State primacy allows states to assume responsibility for implementing CWA programs within their borders

NPDES Permit System

• NPDES permits required for all point source discharges into waters of the United States
• Permits specify allowable pollutant levels, monitoring requirements, and reporting obligations
• EPA or authorized states issue NPDES permits to industrial, municipal, and other facilities
• Permit holders must comply with technology-based and water quality-based effluent limitations

State and Federal Collaboration

• EPA provides guidance, oversight, and funding to states for water quality management
• States develop and implement water quality standards subject to EPA approval
• Cooperative federalism encourages collaboration between federal and state agencies in water protection efforts
• States can enact more stringent water quality regulations than federal standards

Water Quality Standards

Defining Protected Waters

• Waters of the United States encompass navigable waters, tributaries, and adjacent wetlands
• Supreme Court decisions (Rapanos v. United States) have influenced the interpretation of "waters of the United States"
• Clean Water Rule (2015) and Navigable Waters Protection Rule (2020) attempted to clarify the definition
• Recent EPA and Army Corps of Engineers efforts aim to establish a durable definition of protected waters

Water Quality Criteria and Designated Uses

• States establish water quality criteria based on scientific data and designated uses
• Designated uses include drinking water supply, recreation, aquatic life support, and agriculture
• Numeric criteria set specific pollutant concentration limits (dissolved oxygen levels)
• Narrative criteria describe general conditions necessary to support designated uses

Antidegradation and TMDL Programs

• Antidegradation policy protects existing water quality and prevents unnecessary degradation
• Three tiers of antidegradation protection: existing uses, high-quality waters, and outstanding national resource waters
• Total Maximum Daily Load (TMDL) program addresses waters that fail to meet water quality standards
• TMDLs calculate the maximum amount of a pollutant a waterbody can receive while still meeting standards

Pollution Control Measures

Effluent Limitations and Technology Standards

• Effluent limitations restrict the quantity, rate, and concentration of pollutants discharged from point sources
• Technology-based effluent limitations apply uniform standards based on available treatment technologies
• Water quality-based effluent limitations ensure receiving waters meet water quality standards
• Best available technology (BAT) represents the most stringent technology-based standard for existing sources

Pollution Prevention and Control Strategies

• Best management practices (BMPs) reduce nonpoint source pollution from agricultural and urban runoff
• Green infrastructure utilizes natural processes to manage stormwater and improve water quality (rain gardens)
• Pretreatment programs require industrial users to treat wastewater before discharging to municipal systems
• Water quality trading programs allow point sources to purchase pollutant reduction credits from other sources