The Clean Water Act (CWA) is the national law that establishes a structure to regulate discharges of pollutants into waters of the United States and regulate the quality of surface waters. Congress created the Federal Water Pollution Control Act in 1948. In 1972, the Act was significantly reorganized and expanded, becoming the Clean Water Act.
The CWA establishes pollution control programs, such as stormwater and wastewater standards for industry. EPA’s National Pollutant Discharge Elimination System (NPDES) makes it unlawful to discharge any pollutant from a point source into navigable waters without a permit. Under the CWA, EPA also developed national water quality criteria recommendations for pollutants in surface waters.
With the passage of the CWA, Congress provided strong federal water protections while recognizing the important role of individual states in pollution control. Under the CWA, states are able to gain authority to administer water programs.
Scope
The seven major components of the CWA are:
- The National Pollutant Discharge Elimination System (NPDES).
- Industry effluent standards.
- Water quality standards.
- Provisions for the regulation of toxic water pollutants.
- Grants for publicly owned wastewater treatment works (POTW).
- The Pretreatment Program regulating industrial discharges to POTW.
- The Spill Prevention, Control, and Countermeasure (SPCC).
Regulatory citations
- 33 U.S.C. 1251 et seq. — Water pollution prevention and control
- 40 CFR Parts 104-149 — Water programs
Key definitions
- Clean Water Act (CWA): The national law protecting the waters of the United States and regulating quality standards for surface waters.
- National Pollutant Discharge Elimination System (NPDES): A permitting program designed to limit the amount of pollutants that reach waters of the United States. While NPDES is a federal program, most states run their own Pollutant Discharge Elimination System permitting program.
- Publicly owned wastewater treatment works (POTW): A sewage treatment plant that is owned, and usually operated, by a government agency.
- Spill Prevention, Control, and Countermeasure Program (SPCC): A regulation intended to prevent oil from reaching navigable waters and adjoining shorelines, and to contain discharges of oil. Under this regulation, facilities are required to develop and implement SPCC plans and establish procedures, methods, and equipment requirements.
Summary of requirements
Wastewater management.
- The CWA’s National Pollutant Discharge Elimination System (NPDES) Program regulates point sources that discharge pollutants into waters of the United States. Compliance monitoring under the NPDES Program takes place largely at the state level. NPDES permits are issued to any facility that discharges directly into waters of the U.S. Regulated entities may be industrial and municipal facilities and include the following types of discharges:
- Municipal wastewater overflows and stormwater management,
- Pretreatment,
- Stormwater,
- Discharges from concentrated animal feeding operations (CAFOs), and
- Biosolids.
CWA Section 404.
- Section 404 of the CWA regulates the placement of dredged or fill material into wetlands, lakes, streams rivers, estuaries, and certain other types of waters. The goal of Section 404 is to avoid and minimize losses to wetlands and other waters and to compensate for unavoidable loss through mitigation and restoration. Section 404 is jointly implemented by EPA and the U.S. Army Corps of Engineers (Corps). The Corps issues Section 404 permits and monitors compliance with the issued permits.
Oil spills and spill prevention.
- EPA Oil Pollution Prevention regulations require owners and operators of non-transportation-related oil facilities to make and implement plans to prevent and control oil discharges. EPA regional personnel periodically conduct inspections to ensure compliance with these regulations.
