Heim, M. (2024). Nansemond River [Photograph]. Chesapeake Bay Foundation. https://www.cbf.org/blogs/save-the-bay/2024/04/save-the-bay-news-river-revitalization-ticks-and-a-bay-for-everyone.html

Policy Components

The Clean Water Act aims to control point-source and non-point source pollution that cause harm to the environment through the establishment of some key regulatory frameworks. These three key components will be explored below followed by an analysis of the policy.

Sources of Pollution

Point-Source Pollution

Point-source pollution is pollution with an identifiable source and includes industrial discharges and municipal sewage (Denchak, 2023). These sources of pollution often contribute industrial chemicals, oils, and waste into waterways. Below you'll see a classic example of point-source pollution which is a discharge pipe. These pipes carry wastewater directly into waterways and can therefore be targeted through the CWA.

[Discharge Pipe]. (n.d.). [Photograph]. Retrieved August 5, 2024. https://neiwpcc.org/2023/04/03/permitting-point-source-pollution/

Non-point Source Pollution

Non-point source pollution is pollution with no one identifiable source and includes agricultural and urban runoff (Denchak, 2023). Agricultural runoff introduces nutrients and sediment into waterways while urban runoff introduces oils, heavy metals, and litter (Denchak, 2023). Below you'll see an example of non-point source pollution in the form of motor oil in a puddle. This type of pollution makes its way into waterways through indirect sources like rainwater runoff and other mechanical forces.

[Motor Oil in Puddle]. (n.d.). [Photograph]. Retrieved August 5, 2024. https://oceanservice.noaa.gov/education/tutorial_pollution/04nonpointsource.html

The Environmental Problems

The Clean Water Act is first and foremost an environmental policy and it was designed to mitigate the effects of pollution on the environment. Some of the most pressing problems caused by the pollution include the following:

Ecosystem Damage

Pollution can have devastating effects on aquatic ecosystems leading to conditions that can make waterways uninhabitable. Food chains are disrupted due to habitat destruction, bioaccumulation (chemicals building up in organisms over time), and general changes in organism populations that inhabit certain ecosystems (Kitch & Lewitus, 2018).

Water Quality Deterioration

One of the main ways waterways become uninhabitable is through the depletion of dissolved oxygen (Kitch & Lewitus, 2018). When dissolved oxygen is depleted, aquatic animals may face breathing difficulties or suffocation. This can be caused by both eutrophication and sedimentation. You can see a clear image of sedimentation in the satelite image below.

Human Health Risks

Water contaminated by sewage can harbor harmful bacteria which negatively affect human health (Smith, 2020). Additionally, chemical pollutants like pesticides, fertilizers, and heavy metals can cause serious problems if ingested (Smith, 2020). Chemical ingestion can lead to cancer, hormone disruption, cardiovascular and kidney problems, and damage to reproductive systems (Smith, 2020).

Droter, S. (2022). Fish Kill [Photograph]. Chesapeake Bay Program. https://www.chesapeakebay.net/discover/videos/bay-101-fish-kills

[Sediment Clouds the Chesapeake Bay). (2011). [Photograph]. Earth Observatory. https://earthobservatory.nasa.gov/images/52169/sediment-clouds-the-chesapeake-bay

[Keep Out Sign]. (2013). [Photograph] Gordon & Partners. https://www.fortheinjured.com/blog/toxic-water/

Addressing the Environmental Problems

National Pollution Discharge Elimination System (NPDES)

The NPDES is a permit program administered by the Environmental Protection Agency (EPA) that was established by the CWA that regulates point sources of pollution discharge in the U.S. (Campbell, 2022). The permits “contain limits on what you can discharge, monitoring and reporting requirements, and other provisions to ensure that the discharge does not hurt water quality or people’s health.” (NPDES Permit Basics, n.d.). The NPDES program controls pollution with water quality-based limits or technology-based limits (Campbell, 2022). The permits will generally specify an acceptable level of pollution in a discharge and the permittee may choose which technologies to use to achieve that level (NPDES Permit Basics, n.d.).

Water Quality Standards (WQS)

Another key component of the CWA is water quality standards. Water quality standards (WQS) define the water quality goals of a water body by designating the uses of the water and by setting criteria that protect the designated uses (40 CFR § 131.2). These WQS are developed and implemented by states and are approved and overseen by the EPA (Water Quality Standards: Regulations and Resources, n.d.). The core components of WQS include “designated uses of a water body, the criteria needed to protect designated uses, and antidegradation requirements to protect existing uses and high-quality value waters” (Water Quality Standards: Regulations and Resources, n.d.). To maintain water quality standards, TMDL’s were established.

Total Maximum Daily Loads (TMDLs)

A TMDL is the “calculation of the maximum amount of a pollutant allowed to enter a waterbody so that the waterbody will meet and continue to meet water quality standards for that particular pollutant” (Overview of Total Maximum Daily Loads, n.d.). Each state must develop a TMDL and submit it to the EPA for approval (Overview of Total Maximum Daily Loads, n.d.). TMDLs serve an important function because they serve as a link between WQS and the implementation of actions to meet those standards.

Best Management Practices (BMPs)

Best management practices are “practices, or a combination of practices, that are determined to be an effective and practicable means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals (Hubbard, 2017). These practices can be implemented to meet TMDL requirements although they are not strictly enforced (Kozacek, 2015).

Enforcement Mechanisms

A key mechanism for enforcing the CWA is the NPDES but there are others including compliance monitoring, inspections, and reporting. Entities found non-compliant with the Act can face penalties or criminal enforcement (Clean Water Act and Federal Facilities, n.d.). Ensuring that these states are in compliance is critical to ensuring the policy is successful and the water quality is improved nationwide.

SWOT Analysis

The Clean Water Act is a pioneer of modern environmental policy. It laid the groundwork for many of the environmental policies functioning today. There have been many successes seen through the enactment of this policy, but there have also been obstacles and instances where the policy has not been as successful. To thoroughly analyze the policy, the strengths, weaknesses, opportunities, and threats (SWOT) to the policy will be explored.

Strengths

Weaknesses

Opportunities

Threats

Strong Regulatory Framework
Establishment of Water Quality Standards
Federal Regulatory Power
Structured Approach to Regulation
Federal Oversight
Success Stories

Non-point Source Pollution
Inequitable Impact
Enforcement Challenges
Jurisdiction and Scope Uncertainties
Emerging Pollutants

Solutions for Non-point Source Pollution
Technological Innovations
Clarifying Scope and Definitions

Climate Change
Economic Constraints
Political Challenges
Non-point Source Pollution

Strengths

The policy's major strengths include the creation of a regulatory framework for pollution control that specifically targets point source pollution through NPDES permits. Water quality standards set actionable goals for states, which has encouraged more systemic water clean-up efforts (Hearne, 2020). Additionally, the federal regulatory power ensures consistent pollution management across state lines, addressing issues where states might lack incentives to maintain water quality. Lastly, successes like the revitalization of the Cuyahoga River, now home to over 70 fish species (Amitay, 2023), highlight the CWA's effectiveness in reducing pollution in U.S. waters.

Weaknesses

The main weaknesses of the Clean Water Act (CWA) include its inability to manage non-point source pollution, inequitable impact, enforcement challenges, jurisdictional uncertainties, and difficulty addressing emerging pollutants (Bennett, 2023). While the Act has been effective at controlling point source pollution, the CWA struggles with non-point source pollution, the leading cause of water contamination in the U.S. (Janasie, 2018). Additionally, the Act's benefits are unevenly distributed, often failing to reach low-income and disadvantaged communities (Cohn-Lee & Cameron, 1992). Enforcement is also problematic, with widespread violations and inadequate oversight (Duhigg, 2009). Jurisdictional ambiguities further weaken the policy, as demonstrated by the Sackett v. EPA ruling, which limited the Act's scope (Ward, 2024). Lastly, the CWA is ill-equipped to address emerging pollutants like PFAS, which were undetectable or unregulated when the Act was created (Bendix, 2024).

Opportunities

Addressing non-point source pollution offers a significant opportunity to strengthen the Clean Water Act (CWA). Since non-point sources are the leading cause of water pollution (Denchak, 2023), creating a regulatory framework could enhance the policy’s effectiveness. This effort might involve collaboration among stakeholders and could be supported by green infrastructure in urban areas, which provides co-benefits by increasing access to green spaces. Technological innovations could further aid in water quality improvements. Additionally, updating infrastructure and clarifying the scope and language of the CWA could resolve ongoing disputes and bolster the policy.

Threats

The major threats to the Clean Water Act (CWA) include climate change, economic constraints, political challenges, and non-point source pollution. Climate change impacts like extreme weather, warming water temperatures, and drought could hinder the CWA's effectiveness. Addressing these changes will be crucial for the policy’s future success. Additionally, insufficient funding threatens to slow progress, as seen in cases like the costly yet marginal improvements at the Blue Plains wastewater plant (Dawkins, 2015). Non-point source pollution remains a significant threat, potentially undermining other efforts. Finally, political challenges, such as reduced federal protections during the Trump administration, highlight the vulnerability of the CWA to shifts in government policy.

How the Strengths & Opportunities Can Overcome the Weaknesses & Threats

The strengths and opportunities of the Clean Water Act (CWA) can be leveraged to overcome its weaknesses and threats by building on its regulatory framework and adapting it to address challenges like non-point source pollution and emerging pollutants. By using the success of point source pollution permitting as a model, the CWA can develop new ways to regulate non-point sources, which remain a significant weakness. Additionally, updating water quality standards to reflect the impacts of climate change can help the Act remain effective in the face of changes to the environment. The federal oversight provided by the CWA can be reinforced through clearer definitions and scope, addressing jurisdictional uncertainties and political challenges. Technological innovations and infrastructure updates offer opportunities to enhance the Act’s ability to manage new threats, while collaboration among stakeholders can generate the necessary support and solutions to tackle complex issues, ensuring the continued success of the CWA.