{ "id": "R43867", "type": "CRS Report", "typeId": "REPORTS", "number": "R43867", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 457739, "date": "2016-12-13", "retrieved": "2016-12-22T16:31:59.057387", "title": "Water Quality Issues in the 114th Congress: An Overview", "summary": "Much progress has been made in achieving the ambitious goals that Congress established in 1972 in the Clean Water Act (CWA) to restore and maintain the chemical, physical, and biological integrity of the nation\u2019s waters. However, long-standing problems persist, and new problems have emerged. Water quality problems are diverse, ranging from pollution runoff from farms and ranches, city streets, and other diffuse or \u201cnonpoint\u201d sources, to toxic substances discharged from factories and sewage treatment plants.\nThere is little agreement among stakeholders about what solutions are needed, whether legislation is required to address the nation\u2019s remaining water pollution problems, or whether regulatory authorities should be reduced. For some time, efforts to comprehensively amend the CWA have stalled as interests have debated whether and exactly how to change the law. Congress has instead focused legislative attention on enacting narrow bills to extend or modify selected CWA programs, but not comprehensive proposals.\nPrograms that regulate activities in wetlands have been of particular interest recently, especially CWA Section 404, which has been criticized by landowners for intruding on private land-use decisions and imposing excessive economic burdens. Environmentalists view this regulatory program as essential for maintaining the health of wetland ecosystems, and they are concerned about court rulings that have narrowed regulatory protection of wetlands. Many stakeholders desire clarification of the act\u2019s regulatory jurisdiction, but they differ on what solutions are appropriate. In 2015, the Environmental Protection Agency (EPA) and the Army Corps of Engineers finalized a rule intended to clarify jurisdictional issues in light of two key Supreme Court rulings, but the rule, which has been stayed by a federal court, remains controversial inside and outside of Congress. \nAnother prominent water quality issue for some time has concerned financial aid for municipal wastewater treatment projects. House and Senate committees have approved bills to reauthorize CWA assistance on several occasions, but, for various reasons, no legislation other than appropriations was enacted. At issue has been the role of the federal government in assisting states and cities in meeting needs to rebuild, repair, and upgrade wastewater treatment systems, especially in light of capital costs that are projected to be more than $270 billion over the next 20 years. The 113th Congress enacted legislation that created a pilot program to provide federal credit assistance for water infrastructure projects (P.L. 113-121). In December 2016, the program received initial appropriated funds, and EPA expects to begin making loans in 2017. P.L. 113-121 also revised certain of the water infrastructure funding provisions of the CWA.\nA number of other water quality issues have been the subject of congressional oversight and legislation for some time, with some legislators highly critical of EPA\u2019s recent regulatory initiatives and others more supportive. In several cases, policymakers have sought to curtail water quality protection initiatives under the CWA following court rulings that expanded the regulatory scope of the law. Among the topics of particular interest has been regulation of surface coal mining activities in Appalachia. Congressional interest in this and other topics has been reflected in specific legislative proposals and debate over policy provisions of bills providing appropriations for EPA. Members from both parties have raised questions about the cost-effectiveness of some of EPA\u2019s actions and whether the agency has exceeded its authority. 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Congress has instead focused legislative attention on enacting narrow bills to extend or modify selected CWA programs, but not comprehensive proposals.\nPrograms that regulate activities in wetlands have been of particular interest recently, especially CWA Section 404, which has been criticized by landowners for intruding on private land-use decisions and imposing excessive economic burdens. Environmentalists view this regulatory program as essential for maintaining the health of wetland ecosystems, and they are concerned about court rulings that have narrowed regulatory protection of wetlands. Many stakeholders desire clarification of the act\u2019s regulatory jurisdiction, but they differ on what solutions are appropriate. In 2015, the Environmental Protection Agency (EPA) and the Army Corps of Engineers finalized a rule intended to clarify jurisdictional issues in light of two key Supreme Court rulings, but the rule, which has been stayed by a federal court, remains controversial inside and outside of Congress. \nAnother prominent water quality issue for some time has concerned financial aid for municipal wastewater treatment projects. House and Senate committees have approved bills to reauthorize CWA assistance on several occasions, but, for various reasons, no legislation other than appropriations was enacted. At issue has been the role of the federal government in assisting states and cities in meeting needs to rebuild, repair, and upgrade wastewater treatment systems, especially in light of capital costs that are projected to be more than $270 billion over the next 20 years. The 113th Congress enacted legislation that creates a pilot program to provide federal credit assistance for water infrastructure projects (P.L. 113-121), but the program has not yet received funds to begin making loans. The same legislation also revised certain of the water infrastructure funding provisions of the CWA.\nA number of other water quality issues have been the subject of congressional oversight and legislation, with some legislators highly critical of EPA\u2019s recent regulatory initiatives and others more supportive. In several cases, policymakers have sought to curtail water quality protection initiatives under the CWA following court rulings that expanded the regulatory scope of the law. Among the topics of particular interest has been regulation of surface coal mining activities in Appalachia. Congressional interest in this and other topics has been reflected in specific legislative proposals and debate over policy provisions of bills providing appropriations for EPA. Members from both parties have raised questions about the cost-effectiveness of some of EPA\u2019s actions and whether the agency has exceeded its authority. 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However, long-standing problems persist, and new problems have emerged. Water quality problems are diverse, ranging from pollution runoff from farms and ranches, city streets, and other diffuse or \u201cnonpoint\u201d sources, to toxic substances discharged from factories and sewage treatment plants.\nThere is little agreement among stakeholders about what solutions are needed, whether legislation is required to address the nation\u2019s remaining water pollution problems, or whether regulatory authorities should be reduced. For some time, efforts to comprehensively amend the CWA have stalled as interests have debated whether and exactly how to change the law. Congress has instead focused legislative attention on enacting narrow bills to extend or modify selected CWA programs, but not comprehensive proposals.\nPrograms that regulate activities in wetlands have been of particular interest recently, especially CWA Section 404, which has been criticized by landowners for intruding on private land-use decisions and imposing excessive economic burdens. Environmentalists view this regulatory program as essential for maintaining the health of wetland ecosystems, and they are concerned about court rulings that have narrowed regulatory protection of wetlands. Many stakeholders desire clarification of the act\u2019s regulatory jurisdiction, but they differ on what solutions are appropriate. On May 27, 2015, the Environmental Protection Agency (EPA) and the Army Corps of Engineers finalized a rule intended to clarify jurisdictional issues, but interpretive questions about the rule remain controversial inside and outside of Congress. \nAnother prominent water quality issue for some time has concerned financial aid for municipal wastewater treatment projects. House and Senate committees have approved bills to reauthorize CWA assistance on several occasions, but, for various reasons, no legislation other than appropriations was enacted. At issue has been the role of the federal government in assisting states and cities in meeting needs to rebuild, repair, and upgrade wastewater treatment systems, especially in light of capital costs that are projected to be more than $270 billion over the next 20 years. The 113th Congress agreed to legislation that creates a pilot program to provide federal credit assistance for water infrastructure projects (P.L. 113-121), but the program has not yet received funds to begin making loans. The same legislation also revised certain of the water infrastructure financing provisions of the CWA.\nA number of other water quality issues have been the subject of congressional oversight and legislation, with some legislators highly critical of EPA\u2019s recent regulatory initiatives and others more supportive. In several cases, policymakers have sought to curtail water quality protection initiatives under the CWA following court rulings that expanded the regulatory scope of the law. Among the topics of particular interest has been regulation of surface coal mining activities in Appalachia. Congressional interest in this and other topics has been reflected in specific legislative proposals and debate over policy provisions of bills providing appropriations for EPA. Members from both parties have raised questions about the cost-effectiveness of some of EPA\u2019s actions and whether the agency has exceeded its authority. 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