1972

The 1972 FWPCA amendments, the Clean Water Act (CWA), set optimistic and ambitious goals:

• Zero discharge of pollutants by 1985, and
• An interim goal to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters to achieve water quality that is both “fishable” and “swimmable” by July 1, 1983 (Copeland 1999).

This rewriting of the FWPCA includes the following (Tyler 1992):

• Increased grant assistance for the construction of sewage treatment plants;
• Municipalities are required to achieve secondary treatment of sewage;
• Industry must install the best practicable pollution control technology, followed by the best available technology economically achievable;
• Establishment of the National Pollution Discharge Elimination System (NPDES), a permitting program for the discharge of pollutants;
• Establishment of intra-state water quality standards as well as the review and revision of interstate standards (IEPA 1973); and
• All waters to be protected for recreational uses in or on the water and for the preservation of desirable species of aquatic life (IEPA 1973).

The 1972 CWA changes the focus of regulation of water quality from regulating the amount of pollutants in a specific water body, to regulating the amount of pollutants being discharged from a specific point source. From this time forward, “point source” discharges are the focal point of the CWA, although ambient water quality requirements can still dictate the amount of pollutants permitted for a discharge. (Ambient refers to the overall conditions surrounding a place or thing. For example, ambient monitoring refers to comprehensive monitoring of existing water quality, biota, sediments, etc. in a specified area.)

USEPA defines “point source” as “any discernible, confined, and discrete conveyance from which pollutants are or may be discharged” (USEPA-History 1972). Point source regulatory requirements are found in Section 402 of the 1972 CWA, which establishes the National Pollutant Discharge Elimination System (NPDES) to authorize the USEPA to issue discharge permits to address point source discharges.

The 1972 CWA directs the Administrator of the USEPA to publish regulations by October 18, 1973, establishing guidelines for effluent limitations. These regulations are to identify the best practicable control technology available, while considering the cost-benefit and the age of equipment and facilities involved. The Administrator is also to identify the best available technology for preventing and reducing pollution, considering the same factors. Dischargers are required to meet these standards by July 1, 1983.

Because states have responsibility for water pollution control, the CWA requires states to submit to USEPA water quality standards for all interstate and intrastate navigable waters. These state standards must spell out water use classifications, such as recreation, fish, and wildlife propagations, public water supplies, and industrial and agricultural uses. States must then establish the quality of the water needed to achieve these uses.

Non-point source pollution is addressed in 1972 with the provisions of Section 208, which calls for the development of area wide pollution control plans that identify and control both point and non-point sources of pollution. This program is never fully implemented, which leaves non-point source pollution largely ignored.

Another notable amendment to the 1972 CWA is Section 404, which authorizes the U.S. Army Corps of Engineers to issue permits for the discharge of dredged or fill material into navigable waters. Section 404 becomes the primary wetland protection regulation for the nation.