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Safe Drinking Water Act Amendments of 1995: Overview of S.1316, As Passed
On November 29, 1995, the Senate passed S. 1316, the Safe Drinking Water Act (SDWA) Amendments of 1995, unanimously. The 1974 Act was last reauthorized in 1986. Both the House and Senate passed SDWA bills by wide margins in the past Congress, and strong interest in reauthorizing the Act continues in the 104th Congress. Many of the issues discussed in the SDWA debate, while specific to the Act, are of concern in the broader regulatory reform debate on unfunded Federal mandates and cost-benefit and risk analyses.
Clean Water Act Section 401: Background and Issues
Section 401 of the Clean Water Act requires that an applicant for a federal license or permit provide a certification that any discharges from the facility will comply with the Act, including water quality standard requirements. Disputes have arisen over the states' exercise of authority under Section 401. Until recently, much of the debate over the Section 401 certification issue has been between states and hydropower interests. A 1994 Supreme Court decision which upheld the states' authority in this area dismayed development and hydroelectric power interest groups. The dispute between states and industry groups was a legislative issue in the 104th Congress through an amendment to a House-passed Clean Water Act re-authorization bill; the Senate did not act on that bill.
Clean Water Issues in the 104th Congress
For the 104th Congress, reauthorization of the Clean Water Act would seem likely to be a priority, since the Act was last amended in 1987 and authorizations expired on September 30, 1990. But legislative prospects in the 104th Congress are uncertain. Clean water also was a priority for the 103rd Congress, but, in 1994, Congress ran out of time and did not act on comprehensive amendments. Many of the issues proved to be too complex and controversial to be resolved easily, while Congress also was considering a large agenda of environmental and other bills. Controversies arose in connection with issues specific to the Clean Water Act and a trio of regulatory relief issues that became barriers to a number of bills in the 103rd Congress.
Clean Water Issues in the 105th Congress
For the 105th Congress, reauthorization of the Clean Water Act may be a priority in the second session. The Act was last amended in 1987 and authorizations expired on Sept. 30, 1990. Clean water was a priority for the last two Congresses, but no legislation was enacted. In the 104th Congress, the House passed a comprehensive reauthorization bill, but during House debate and subsequently, controversies arose over whether and how the Act should be made more flexible and less burdensome on regulated entities. Issues likely to be of interest again in the 105th Congress include funding, overall flexibility and regulatory reform of water quality programs, and measures to address polluted runoff from farms and city streets.
Stormwater Permits: Status of EPA's Regulatory Program
The Environmental Protection Agency (EPA) and states are implementing a federally mandated program for controlling stormwater discharges from industrial plants and municipalities. Because of the large number of affected sources and deadline changes and extensions that have led to confusion, numerous questions have arisen about this program. Impacts of the program;s requirements, especially on cities, are a continuing concern. EPA has recently proposed permit rules to cover smaller cities and sources that currently are unregulated. Debate on impacts of these rules could be an issue during reauthorization of the Clean Water Act, which could occur in the 106th Congress.
Safe Drinking Water Act Amendments of 1996: Overview of P.L. 104-182
The 104th Congress made extensive changes to the Safe Drinking Water Act (SDWA) with the Safe Drinking Water Act Amendments of 1996 (P.L. 104-182), bringing to a close a multi-year effort to amend a statute that was widely criticized as having too little flexibility, too many unfunded mandates, and an arduous but unfocused regulatory schedule. Among the many changes to the SDWA, the 1996 amendments added provisions to provide funding to communities for drinking water madates, focus regulatory efforts on contaminants posing health risks, and add some flexibility to the regulatory process
Agricultural Wetlands: Current Programs and Legislative Proposals
Amending Federal laws to protect wetlands, especially agricultural wetlands, is a contentious issue for the 104th Congress. Critics contend that current programs are excessive in their reach and unfairly restrict private landowners. Supporters counter that these programs are critical if the Nation is to achieve the stated goal of no-net-loss of wetlands. The two major statutes under which agricultural wetlands are protected are swampbuster, enacted in the Agriculture, Food, Trade, and Conservation Act of 1985, and section 404, enacted in the 1972 Clean Water Act. This report describes both programs, emphasizing how they relate to each other. It explains how each program works, especially on agricultural wetlands, and the likely effect of proposed revisions to swampbuster. Also, it briefly considers other legislative proposals that would amend the section 404 program, which, if enacted, would further affect how agricultural wetlands are protected.
Clean Water: Summary of H.R. 961, As Passed
The Clean Water Act, which was last amended in 1987, consists of two major parts: regulatory provisions that impose progressively more stringent requirements on industries and cities to abate pollution and meet the statutory goal of zero discharge of pollutants, and provisions that authorize Federal financial assistance for municipal wastewater treatment construction.
Safe Drinking Water Act: State Revolving Fund Program
No Description Available.
San Diego Wastewater Treatment: Current Issues
No Description Available.
Rural Water Supply and Sewer Systems: Background Information
The Safe Drinking Water Act and the Clean Water Act impose requirements regarding drinking water quality and wastewater treatment in rural areas. Approximately 27% of the U.S. population lives in areas defined by the Census Bureau as rural. Many rural communities need to complete water and waste disposal projects to improve the public health and environmental conditions of their citizens
Safe Drinking Water Act: Implementation and Reauthorization
No Description Available.
Land and Water Conservation Fund: Current Funding
The Land and Water Conservation Fund (LWCF) was established in 1964. (l) The LWCF is a "trust fund" to accumulate revenues from Federal outdoor recreation user fees, the Federal motorboat fuel tax, surplus property sales, and oil and gas leases on the Outer Continental Shelf, for subsequent appropriation by Congress. However, the LWCF is not a true trust fund in the way "trust fund" is generally understood in the private sector.
Safe Drinking Water Act Reauthorization Issues
No Description Available.
Clean Water Act and TMDLs
Section 303(d) of the Clean Water Act requires states to identify waters that are impaired by pollution, even after application of pollution controls. For those waters, states must establish a total maximum daily load (TMDL) of pollutants to ensure that water quality standards can be attained. Implementation of this provision has been dormant until recently, when states and EPA were prodded by numerous lawsuits. The TMDL issue has become controversial, in part because of requirements and costs now facing states to implement a 25-year-old provision of the law. Congressional activity to reauthorize the Act, a possibility in the 2nd Session of the 105th Congress, could include TMDL issues, but the direction for any such action is unclear at this time.
Toxic Pollutants and the Clean Water Act: Current Issues
Controlling the discharge of toxic pollutants into the Nation's waters is once again an issue as Congress considers reauthorizing the Clean Water Act. This report describes the evolution of programs and policies in the Act concerning toxic pollutants, discusses current problems with implementation of some of these programs and policies, and outlines a number of issues that are on the legislative agenda.
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