Obstacles and Limitations
Adams, M. (n.d.). Heron Flying [Photograph]. Chesapeake Bay Foundation. https://www.cbf.org/how-we-save-the-bay/chesapeake-clean-water-blueprint/what-is-the-chesapeake-clean-water-blueprint.html
There are some obvious limitations within the CWA but not all of these limitations are insurmountable. There are opportunities to mitigate the limitations of at least a handful of the limiting factors of the Act. Some of these include the insufficient regulation of nonpoint source pollution, jurisdictional and scope uncertainties, inadequate funding, the inability to manage emerging pollutants, and enforcement difficulties. There are some obstacles to the success of the CWA that are unavoidable now and likely forever. These obstacles include climate change, political inclinations, and human behavior. Use the menu to navigate between the limitations and learn about potential ways to mitigate these limitations.
Limitations That Can Be Fixed
Non-point Source Pollution
Non-point source pollution could be regulated through a permitting system like point-source pollution permitting. This could be targeted at known sources of non-point source pollution like agricultural operations and urban areas that are both sources due to water runoff. Municipal Separate Storm Sewer System (MS4) permits could serve as a framework for more non-point source permits. Other ways to manage nonpoint source pollution include infrastructure changes like porous paving materials, buffer strips, constructed wetlands, and grass plantings (Controlling Nonpoint Source Pollution, 2013). Any mechanism that has been successful in preventing excess nutrients, sediments, oils, and other pollutants from entering waterways should be explored.​
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​​​​​​​​​​​​Jurisdictional and Scope Uncertainties
Other limitations within the CWA are the jurisdictional and scope uncertainties. These uncertainties could be addressed through adjustment of language within the policy to be more specific and remove any uncertainties. This may not happen overnight but through continuous improvement to the policy, is not an unrealistic outcome.
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Inadequate Funding
In addition to language adjustment, funding for the CWA should be adjusted to more accurately reflect the needs of states. Due to aging infrastructure, drinking and wastewater systems will require at least $744 billion in investment over the next 20 years, and yet in 2021, the EPA’s Clean Water State Revolving Fund Program, provided only $1.6 billion in funding for the wastewater projects (The WATER Act: Restoring Federal Support for Clean Water Systems, 2022). More money needs to be funneled into clean water programs for the policy to continue to be successful. More funding would also help mitigate another prominent limitation which is enforcement. More funding would allow for regulatory bodies to hire more employees and increase their capacity to enforce the policy
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Emerging Pollutants
The Act faces a major limitation in addressing emerging pollutants. Current pollution reduction and testing systems address and measure common pollutions from the past leaving new concerns unmanaged. Some examples include the CWA’s inability to deal with per- and poly-fluoroalkyl substances (PFAS) and heavy metals that leach from metal piping into drinking water or accumulate in sediments (Bennett, 2023). Many wastewater treatment facilities are approaching the end of their lifespan with sewer pipes averaging 45 years old in 2021 (The WATER Act: Restoring Federal Support for Clean Water Systems, 2022). In 2021, the American Society of Civil Engineers gave the U.S.’s wastewater infrastructure a grade of D+ (The WATER Act: Restoring Federal Support for Clean Water Systems, 2022). Without significant improvements, this grade may continue to decrease. Allocating the appropriate resources to revamp our current systems to meet the needs of today will cost a significant amount of money but the systems can be fixed.
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Limitations That Cannot Be Fixed
Climate Change
Climate change will impact water quality in many ways including increasing temperatures which will intensify eutrophication and excess algal growth (Climate Impacts on Water Quality, n.d.) and increasing the intensity of weather events which will lead to higher rates of rain and thus runoff (Fecht, 2019). There are ways to try to deal with these issues but there is no way to change the CWA in a way that fixes climate change. The policy will need to be reactively amended to address the complications that arise due to climate change.​
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​​​​​​​​​​​​Political Inclinations
Another limitation that can’t be fixed is the political inclinations of federal representatives who have a say in how the policy is changed or amended. There will always be people who take issue with strict regulation and in the context of limitations to the CWA, it can’t be fixed. Finally, human behavior is a major limitation of the CWA.
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Human Behavior
The creation of the CWA is due to human behavior and the careless discharging of pollution into waterways. There is evidence that this behavior can be managed with regulation because of the improvements that have occurred in many waterways, but there is also evidence that if there are no consequences for polluting, people will continue to do so (Duhligg, 2009). This kind of behavior can be controlled but never truly “fixed.”​​
Who Needs to Fix It & What Will It Cost?
The Federal Government
The federal government will play a large role in addressing these limitations through increased funding, technical assistance, and regulatory oversight. Additionally, they will need to create new regulations and standards for non-source pollution and emerging pollution. This is going to require a significant amount of funding directed to the EPA and other agencies involved in clean water programs. Updating the infrastructure for drinking and wastewater systems alone will require at least $744 billion in investment over the next 20 years (The WATER Act: Restoring Federal Support for Clean Water Systems, 2022).
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State, Local, and Municipal Governments
State, local, and municipal governments will need to adjust to the updates set by the federal government which will likely require new staff, training, research, monitoring, and implementation tools. These adjustments would likely require these governments to apply for federal grants to carry out updates to operations and enforcement of new policy regulations.
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The Private Sector
Finally, the private sector will also play a role in addressing the limitations by complying with new standards set by governments, updating technology, and implementing non-point source pollution control measures. The costs associated with these updates will vary depending on the industry, but they will be substantial for industries with a more direct impact on water quality and whose systems must be replaced to keep in compliance with updated standards.​​