The History of the 1972 Clean Water Act And How it Became Law

The Water Quality Improvement Act of 1970

The Water Quality Improvement Act of 1970 was a significant piece of U.S. legislation that expanded the federal government’s authority over water quality standards and pollution control. This act originated from the 1948 Federal Water Pollution Control Act, which aimed to enhance water quality and establish a national policy for water pollution control. The 1970 Act expanded federal authority, established a state certification procedure, and incorporated provisions to reduce water pollution.

Key Takeaways:

The 1970 Act expanded federal oversight of water quality standards and litigation of water polluters.
It evolved from the Federal Water Pollution Control Act of 1948, which addressed water quality and pollution.
The 1970 Act established a state certification procedure to prevent degradation of water below applicable standards.
During the 1960s, Congress was dissatisfied with the Water Quality Act (WQA) and the 1966 Amendments.

Despite various bills being introduced and passed, no significant legislation emerged until the Water Quality Improvement Act of 1970 was signed into law by President Nixon in April 1970.

The 1970 Act expanded federal support for existing research, training, and demonstration programs, and created a new program for controlling acid mine drainage. It authorized studies of water pollution in the Great Lakes and provided support for Alaskan village water and sewer projects. The Act replaced the 1924 Oil Pollution Act with a stricter law, imposing clear liability on those owning or operating vessels or facilities discharging oil into navigable waters or the contiguous zone.

In addition, the 1970 Act focused on state and federal collaboration. It mandated pollution control by federal facilities, required states to certify that their water quality standards would not be violated before issuing any federal license or permit, and directed the Secretary of Interior to promulgate standards and regulations to prevent sewage discharge from watercraft.

Despite President Nixon’s support for the Act’s key provisions, he was concerned about the size of new federal funding commitments for the construction grant program. This disagreement ultimately led him to veto the 1972 Clean Water Act (CWA). Instead, he chose to exercise executive discretion to avoid spending amounts he deemed imprudent, leading to a major confrontation with Congress in the early 1970s.

Since the 1970s, water pollution has been significantly reduced, but there is still much to be done. Nitrogen and phosphorous pollution have impacted many water bodies, resulting in environmental and human health issues. Pesticides are now a major cause of pollution, whereas in the early 1970s, it was the direct dumping of chemicals and other pollutants into water by industries.

To protect themselves from liabilities under federal water regulations, potential accidental water polluters can purchase marine pollution insurance. This coverage includes cleanup costs, damage to natural resources, legal defense, and civil penalties. Mobile drilling units, cargo owners and operators, shipyards, and marina owners and operators are examples of businesses that can benefit from this insurance.

The Clean Air Act of 1970

The Clean Air Act of 1970, a groundbreaking and comprehensive air pollution control bill, was a result of bipartisan efforts in Congress and the urgent call for action from the American public. The popular environmental movement in the 1960s, spearheaded by Rachel Carson’s publication of Silent Spring in 1962 and Earth Day in 1970, brought attention to human health and environmental issues, building political momentum for strong legislation. Senators Edmund Muskie and Howard Baker worked together on an emissions control approach, focusing on federal standards and actions, technology forcing, and incorporating deadlines for government actions.

The Muskie-Baker plan gave citizens, environmental organizations, and state agencies the authority to bring lawsuits against violators, ensuring the Act’s provisions were implemented and enforced. Although the Clean Air Act of 1970 didn’t achieve all of its ambitious objectives, with extended deadlines, technology lagging behind, and polluters frustrating the law, it served as a model for future legislation and moved environmental protection concerns to a prominent position on the national agenda.

The passage of the Clean Air Act of 1970 demonstrates the power of compromise, concession, and consensus in achieving legislative success. It highlights the importance of valuing and respecting different viewpoints, putting aside party politics, and making decisions based on the best interest of the country as a whole. The Act serves as a reminder of what can be accomplished when stakeholders work together towards a common goal.

President Nixon Creates the EPA

In the 1960s, the United States faced undeniable environmental degradation. Pollution was rampant, and ecological disasters, such as the Cuyahoga River bursting into flames, led to heightened public concern. Consequently, President Richard Nixon took the initiative to address these issues, culminating in the creation of the Environmental Protection Agency (EPA) in 1970.

Nixon’s commitment to environmental regulation began with legislative proposals submitted in February 1970, aiming to strengthen federal agency enforcement powers. Throughout 1970, he issued several Executive Orders, including one directing the Corps to create a federal water pollution permit system under the revitalized 1899 Refuse Act. He also announced a National Oil and Hazardous Materials Contingency Plan, delegating enforcement responsibilities to various agencies.

In July 1970, Nixon proposed a Reorganization Plan calling for the creation of the EPA. This plan would consolidate various federal environmental programs, enabling a more comprehensive response to environmental problems. The EPA would have the capacity to research pollutants, monitor the environment, establish quantitative baselines, set and enforce standards for air and water quality, and provide states with financial and technical assistance.

Despite facing opposition in Congress, the Reorganization Plan took effect on October 3, 1970, and the EPA officially began operations on December 2, 1970. William Ruckelshaus was confirmed as the first EPA Administrator. The agency’s creation marked a significant milestone in addressing pollution and environmental concerns in the United States. Today, the EPA plays a crucial role in managing various aspects of environmental quality, leading to more comprehensive and effective policies.

The Refuse Act Permit Program

The Refuse Act, part of the Rivers and Harbors Act of 1899, is a federal statute governing the use of waterways in the United States. Initially focused on controlling debris that obstructed navigation, the Army Corps of Engineers administered the Act. In the 1960s, the federal government started using the Act to control pollution, pursuing court cases against dischargers of industrial waste to waterways, such as United States v. Republic Steel Corp. and U.S. v. Standard Oil Co.

In 1970, President Nixon issued an Executive Order creating the Refuse Act Permit Program (RAPP), focusing on industrial pollution. The Corps of Engineers began issuing discharge permits, but a legal challenge halted the program in 1971. Environmentalists pushed for federal legal action against industrial water polluters without permits, leading to an influx of violation reports. The Justice Department issued guidelines for selective prosecution of violators, but this approach was met with backlash from environmental activists.

Congressman Reuss and his House Government Operations Committee promoted the use of qui tam actions, allowing private citizens to punish unlawful acts and claim a share of the fines. Before this concept could be applied to Refuse Act violations, Nixon directed the creation of a joint Corps-EPA permit program, rendering the issue moot.

Under RAPP, the Corps was responsible for granting, denying, conditioning, revoking, or suspending permits to discharge pollutants into navigable waters, while seeking EPA’s advice regarding compliance with federal water quality standards. EPA issued regulations in 1971 for state certification and a structured program for Refuse Act permits. These regulations expanded considerations for issuing permits, required industrial polluters to apply secondary treatment to wastewater discharges, and set deadlines for permit applications.

Over 15,000 industrial discharges submitted applications, but the program was halted by a federal court case in December 1971. Environmentalists claimed that the National Environmental Policy Act (NEPA) required an Environmental Impact Statement (EIS) for each permit, stopping the program with only a few permits issued. The issue remained unresolved until the 1972 Clean Water Act, which included the National Pollutant Discharge Elimination System (NPDES), replacing the Refuse Act permit program and assigned lead responsibility for implementation to the newly formed Environmental Protection Agency (EPA).

Although the Refuse Act was not repealed, its primary use today is by the Corps of Engineers to prevent obstructions to navigation, and it occasionally serves as a supplemental authority alongside the Federal Water Pollution Control Act in pollution enforcement cases.

The Clean Water Act: a Radical Change in Regulatory Focus

In 1971, Senator Muskie introduced groundbreaking legislation to address water pollution, which evolved into the 1972 Clean Water Act (CWA). Facing off against President Nixon in the upcoming presidential race, Muskie’s proposal emphasized federal authority over all navigable waters, ambitious pollutant elimination goals, and a reformed federal regulatory structure for controlling water pollution. Senator Cooper introduced a more conservative Senate bill backed by Nixon, and both were considered during the CWA’s development.

Senator Muskie, a long-time environmental reform champion, believed that a healthy environment was a right deserving federal protection. He sought to empower citizens through court access and emphasized the need for citizen suit authority in environmental statutes. Under his leadership, the Senate subcommittee crafted the modern CWA between March and July 1971. Despite industry lobbyists’ efforts to oppose federal permits and enforcement measures, the subcommittee and full committee voted unanimously to pass a robust CWA.

However, the Nixon Administration expressed dissatisfaction with the bill’s stringent provisions and sought to increase states’ roles in shaping the legislation. The Administration faced pressure from industry to soften the Senate bill’s provisions, which transferred principal authority for water pollution control from states to the federal government. The Environmental Protection Agency (EPA) was to be empowered to veto permits granted to industries by states and take polluters to court if states failed to act.

While the CWA’s development was complex and nuanced, it was Senator Muskie’s revolutionary approach to statutory and regulatory environmental protections that ultimately ensured the achievement of water quality goals, avoiding the unfulfilled promises of previous legislation.

The Senate Bill Shifts the Regulatory Mechanism to Nationwide Effluent Standards

The Senate Public Works Committee, recognizing the inadequacy of existing water quality standards, introduced revised legislation that shifted the regulatory focus to technology-based effluent standards applied uniformly across industries. This new approach aimed to eliminate water pollution more effectively, and promote fairness among competitors in the same industry. By establishing uniform effluent limits, businesses in cleaner water areas could no longer exploit the assimilative capacity of local waters to dilute their polluting discharges.

The new legislation relied on the Refuse Act model, extending its reach to all navigable waters and their tributaries, territorial waters, and the Great Lakes. It prohibited discharges of pollutants into waters unless authorized by a permit issued by the EPA under a new National Pollutant Discharge Elimination System (NPDES). States were expected to administer the new permit system after qualifying for EPA’s delegation of authority. The system required all dischargers to apply secondary treatment or “best practical” control technology to their wastewater streams by specified deadlines. Furthermore, the legislation established a national goal of “No Discharge” of pollutants to water, with timelines for the achievement of “fishable and swimmable” waters by 1981, and the elimination of all discharges of toxic pollutants.

The proposed legislation also broke with the traditional deference to state primacy in enforcement matters, streamlining and strengthening federal enforcement authority. Procedural barriers were removed, EPA was granted broader authority to employ administrative action, and given easier access to courts. Citizen suits were also introduced, allowing citizens to enforce the statute’s requirements against polluters and uncooperative agency officials. Additionally, the bill called for a $14 billion appropriation over a four-year period for construction grants.

After two weeks, the Senate committee bill went before the full Senate for a vote. A compromise was reached to leave the permit authority over dredged materials with the EPA, which would issue permits unless environmental harm was found. The final Senate vote was a unanimous eighty-six to zero in favor of the bill, marking a significant step in the evolution of water pollution control in the United States.

The Clean Water Act of 1972 Becomes Law: Overcoming Obstacles and Defying a President

In 1972, the Clean Water Act faced a tumultuous journey to becoming law. Despite President Nixon’s attempts to weaken the Senate bill by transferring primary authority to states and reducing federal spending, the House Public Works Committee hesitated to reopen hearings, fearing backlash from the environmental community. However, after four days of hearings in December 1971, the House committee announced a revised bill, which maintained the 1976 Best Practicable Technology (BPT) goal and increased construction grants to $20 billion.

Environmental groups, led by Congressmen John Dingell and Reuss, proposed amendments to restore key provisions from the Senate bill. Despite the failure of these amendments, the House passed the revised bill. In mid-May 1972, a conference committee convened to address the differences between the Senate and House bills. By September, the conference committee unanimously recommended a compromise bill that retained the essence of the Senate’s approach and incorporated the House’s preference for maintaining existing water quality standards.

The authorization figure for construction grant funding was set at $18 billion over four years, closer to the House’s preferred spending. Despite the White House’s objections to construction grant funding authorization, both houses of Congress passed the bill on October 4, 1972. President Nixon vetoed the bill, citing exorbitant spending on the construction grant program. However, on October 18, 1972, both chambers of Congress overrode the President’s veto, and the Clean Water Act became law.

The Clean Water Act was a significant change in the United States’ approach to water pollution control, as it limited effluent discharges and set water quality standards. It aimed to eliminate all pollutant discharges into U.S. waters by 1985 and make the waters safe for fish, shellfish, wildlife, and people by July 1, 1983. The Act authorized $24.7 billion, including over $18 billion in federal grants to states for constructing waste treatment plants.

The Environmental Protection Agency (EPA) was responsible for administering the new pollutant discharge permit program under strict guidelines. States could operate their own permit programs if approved by the EPA, which could also take over state programs that failed to meet standards. Industries were required to use the “best practicable” technology for treating discharges into U.S. waters by July 1, 1977, and the “best available” equipment by July 1, 1983.

The passage of the Clean Water Act was a result of bipartisan efforts and the determination of Congress to address the dire conditions of the nation’s waters. Despite the obstacles and opposition, the Clean Water Act became the most comprehensive and expensive environmental legislation in U.S. history, demonstrating the country’s commitment to preserving its natural resources for future generations.

Conclusion

In this comprehensive 4-part analysis, we have explored the history, context, and development of the Clean Water Act of 1972, a significant piece of environmental legislation in the United States. This groundbreaking law arose from an urgent need for environmental protection, with events like the publication of Rachel Carson’s Silent Spring and the first Earth Day in 1970 heightening public concern and prompting lawmakers to take decisive action. The Act was a testament to the power of bipartisan cooperation and the determination of Congress to address the critical state of the nation’s waters.

The Clean Water Act’s primary objective is to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. It provides assistance to states, including funding for publicly owned treatment works for wastewater treatment improvement and maintaining the integrity of wetlands. The Act also established the basic structure for regulating pollutant discharges into U.S. waters and set quality standards for surface waters. The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers play crucial roles in implementing and enforcing the Act’s laws and regulations.

The Act aimed to eliminate all pollutant discharges into U.S. waters by 1985 and make these waters safe for fish, shellfish, wildlife, and people by July 1, 1983. To achieve these goals, the Act authorized $24.7 billion, including over $18 billion in federal grants to states for constructing waste treatment plants. The National Pollutant Discharge Elimination System (NPDES) was established, requiring industries to implement the best practicable and best available technology for treating discharges into U.S. waters. The EPA implemented pollution control programs such as setting wastewater standards for industry and developed national water quality criteria recommendations for pollutants in surface waters.

Developing and passing the Clean Water Act involved extensive negotiations and compromises between lawmakers, who had to balance the interests of different stakeholders while prioritizing the best interests of the environment and public health. Despite facing opposition and challenges, the Clean Water Act became the most comprehensive and expensive environmental legislation in U.S. history, demonstrating the country’s commitment to preserving its natural resources for future generations.

The Clean Water Act does not directly address groundwater contamination, which is covered by other federal laws such as the Safe Drinking Water Act, Resource Conservation and Recovery Act, and the Superfund Act. These complementary pieces of legislation work in tandem to protect the nation’s water resources, ensuring that future generations can enjoy clean and safe water.

In conclusion, the Clean Water Act of 1972 stands as a lasting example of the impact that collaboration, commitment, and persistence can have in addressing critical environmental concerns. As we continue to face new and evolving environmental challenges, it is essential to remember the lessons learned from the Clean Water Act and the establishment of the EPA. By working together and prioritizing the best interests of the environment and public health, we can continue to create effective solutions and protect our planet for generations to come.

Part 1, Part 2, Part 3, Part 4

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