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Clean Water Act Section 401: Overview and Recent Developments [Updated January 12, 2022]
From the Background: "Section 401 of the Clean Water Act (CWA) requires that any applicant for a federal license or permit provide a certification that any discharges that may result from the licensed or permitted activity will comply with the act, including water quality standard requirements. Disputes have arisen over the states' exercise of authority under Section 401. While some stakeholders argue that states are appropriately using their Section 401 authority to manage and protect the quality of their waters, other stakeholders, including some license and permit applicants (hereinafter referred to as 'project proponents'), have expressed frustration with how some states have implemented this authority. Key concerns regarding implementation include the timeframes for issuing certifications, the scope of review, and the type of conditions that certifying authorities can impose when granting a certification. [...] This report provides an overview of CWA Section 401, selected policy issues and how they were addressed in the 2020 Final Rule, and actions taken by the Biden Administration to reconsider and revise the rule."
Library of Congress. Congressional Research Service
Gatz, Laura; Bowers, Kate R.
2022-01-12
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Contaminants of Emerging Concern Under the Clean Water Act [November 29, 2021]
From the Introduction: "Over the past couple of decades, national attention to 'emerging contaminants' or 'contaminants of emerging concern' (CECs) in surface water and groundwater has been increasing. Although there is no federal statutory or regulatory definition of CECs, generally, the term refers to unregulated substances detected in the environment that may present a risk to human health, aquatic life, or the environment. CECs can include many different types of manmade chemicals and substances--such as those in personal care products, pharmaceuticals, industrial chemicals, lawn care and agricultural products, and microplastics--as well as naturally occurring substances such as algal toxins or manganese. [...] Some stakeholders have asserted that EPA [U.S. Environmental Protection Agency] could be more effective in using its existing CWA [Clean Water Act] authorities to address CECs, while others have suggested a need to identify and address potential gaps in CWA authorities through amendments to the statute. This report examines authorities available to address CECs under the CWA."
Library of Congress. Congressional Research Service
Gatz, Laura
2021-11-29
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Redefining 'Waters of the United States' (WOTUS): Recent Developments [September 30, 2021]
From the Introduction: "Congress established the Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), to restore and protect the quality of the nation's surface waters. The CWA protects 'navigable waters,' defined in the statute as 'waters of the United States, including the territorial seas.' The scope of this term--'waters of the United States,' or WOTUS--determines which waters are federally regulated and has been the subject of debate for decades. The CWA does not define the term. Thus, in implementing the CWA, the Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA)--the two agencies that administer the statute--have defined the term in regulations. For several decades, successive presidential administrations have struggled to interpret the term 'waters of the United States' for the purpose of implementing various requirements of the CWA, and courts have been asked repeatedly to review the regulations and policy expressing those interpretations. [...] Actions by the courts, the Biden Administration, and Congress all have the potential to continue to alter the scope of federal jurisdiction under the CWA. This report examines the actions taken by the Obama, Trump, and Biden Administrations to define 'waters of the United States,' along with related legislation and case law."
Library of Congress. Congressional Research Service
Gatz, Laura; Bowers, Kate R.
2021-09-30
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Freshwater Harmful Algal Blooms: Causes, Challenges, and Policy Considerations [Updated July 8, 2020]
From the Summary: "Scientific research indicates that in recent years, the frequency and geographic distribution of harmful algal blooms (HABs) have been increasing nationally and globally. Because the impacts of HABs can be severe and widespread--often with interstate implications--these issues have been a perennial interest for Congress. While algal communities are natural components of healthy aquatic ecosystems, under certain conditions (e.g., increased temperatures and nutrient concentrations), algae may grow excessively, or 'bloom,' and produce toxins that can harm human health, animals, aquatic ecosystems, and the economy."
Library of Congress. Congressional Research Service
Gatz, Laura
2020-07-08
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Freshwater Harmful Algal Blooms: An Overview [Updated July 8, 2020]
From the Document: "Scientific research indicates that in recent years, the frequency and geographic distribution of harmful algal blooms (HABs) have been increasing nationally and globally. They have been recorded in all 50 states. HABs can be detrimental to human health, pets, livestock, aquatic ecosystems, and the economy."
Library of Congress. Congressional Research Service
Gatz, Laura
2020-07-08
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Waters of the United States (WOTUS): Repealing and Revising the 2015 Clean Water Rule [October 23, 2019]
From the Background: "Congress passed the Clean Water Act (CWA) to restore and protect the quality of the nation's surface waters (33 U.S.C. §1251 'et seq.'). The statute protects 'navigable waters,' which it defines as 'the waters of the United States, including the territorial seas.' The CWA does not further define the term 'waters of the United States' (WOTUS). Thus, the Army Corps of Engineers and U.S. Environmental Protection Agency (EPA) have defined WOTUS in their regulations. However, Congress's intent as to the meaning of WOTUS has been debated and litigated for more than four decades."
Library of Congress. Congressional Research Service
Gatz, Laura; Mulligan, Stephen P.
2019-10-23
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Freshwater Harmful Algal Blooms: Causes, Challenges, and Policy Considerations [Updated September 5, 2019]
From the Document: "Scientific research indicates that in recent years, the frequency and geographic distribution of harmful algal blooms (HABs) have been increasing nationally and globally. Because the impacts of HABs can be severe and widespread--often with interstate implications--these issues have been a perennial interest for Congress. While algal communities are natural components of healthy aquatic ecosystems, under certain conditions (e.g., increased temperatures and nutrient concentrations), algae may grow excessively, or 'bloom,' and produce toxins that can harm human health, animals, aquatic ecosystems, and the economy."
Library of Congress. Congressional Research Service
Gatz, Laura
2019-09-05
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Freshwater Harmful Algal Blooms: An Overview [Updated September 5, 2019]
From the Document: "Scientific research indicates that in recent years, the frequency and geographic distribution of harmful algal blooms (HABs) have been increasing nationally and globally. They have been recorded in all 50 states. HABs can be detrimental to human health, pets, livestock, aquatic ecosystems, and the economy."
Library of Congress. Congressional Research Service
Gatz, Laura
2019-09-05
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'Waters of the United States' (WOTUS): Current Status of the 2015 Clean Water Rule [December 12, 2018]
"The Clean Water Act (CWA) is the principal federal law governing pollution of the nation's surface waters. The statute protects 'navigable waters,' which it defines as 'the waters of the United States, including the territorial seas.' The scope of the term waters of the United States, or WOTUS, is not defined in the CWA. Thus, the Army Corps of Engineers and U.S. Environmental Protection Agency (EPA) have defined the term in regulations several times as part of their implementation of the act."
Library of Congress. Congressional Research Service
Gatz, Laura
2018-12-12
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Permitting for Pesticide Discharges into Navigable Waters: Issues and Legislation in the 115th Congress [June 28, 2018]
"Permitting requirements for using registered pesticides in or around the nation's waters has been a long-standing issue. Under the Clean Water Act (CWA; 33 U.S.C. §1251 et seq.), discharges of pollutants into navigable waters are unlawful unless specifically authorized by a permit. For decades following the enactment of the CWA, the U.S. Environmental Protection Agency (EPA) did not consider registered pesticides used in compliance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 U.S.C. §136 et seq.) as pollutants that required permitting for their discharge into waters. However, in 2009, the U.S. Sixth Circuit Court of Appeals ruled that (1) the statutory definition of pollutant in the CWA encompasses biological pesticides and chemical pesticides that leave a residue in navigable waters, and (2) discharges of such pollutants require permitting. In response to the ruling, EPA issued a general discharge permit to cover the majority of pesticide applications resulting in point source discharges. States with delegated authority to issue their own discharge permits issued similar general discharge permits."
Library of Congress. Congressional Research Service
Gatz, Laura; Yen, Jerry H.
2018-06-28
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Freshwater Harmful Algal Blooms: Causes, Challenges, and Policy Considerations [June 20, 2017]
"Scientific research indicates that in recent years, the frequency and geographic distribution of harmful algal blooms (HABs) have been increasing nationally and globally. Because the impacts of HABs can be severe and widespread-often with interstate implications-these issues have been a perennial interest for Congress. While algal communities are natural components of healthy aquatic ecosystems, under certain conditions (e.g., increased temperatures and nutrient concentrations), algae may grow excessively, or 'bloom,' and produce toxins that can harm human health, animals, aquatic ecosystems, and the economy. […] Congress, federal agencies, and states have taken steps to address HABs and nutrients that contribute to their occurrence. The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (HABHRCA), as amended, established an interagency task force, required the task force to prepare reports and plans addressing marine and freshwater HABs, and authorized funding for research, education, monitoring activities, etc. […] Congress continues to show interest in addressing HABs. This interest has largely focused on funding research to close research gaps identified by scientists and decisionmakers and to coordinate the efforts of federal agencies and their partners to study and address HABs."
Library of Congress. Congressional Research Service
Gatz, Laura
2017-06-20
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