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Potential Stafford Act Declarations for the Gulf Coast Oil Spill: Issues for Congress
This report discusses the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288, which presents several options, and could provide a number of programs, to address the Gulf Coast oil spill. The Stafford Act authorizes the President to issue "major disaster" or "emergency" declarations before or after catastrophes occur. Emergency declarations trigger aid that protects property, public health, and safety and lessens or averts the threat of an incident becoming a catastrophic event.
EPA and the Army Corps' Proposed Rule to Define "Waters of the United States"
This report describes the March 25, 2014 proposed rule to define "waters of the United States," particularly focused on clarifying the regulatory status of waters located in isolated places in a landscape, the types of waters with ambiguous jurisdictional status following the Supreme Court's ruling. It includes a table comparing the proposal to existing regulatory language.
Liability and Compensation Issues Raised by the 2010 Gulf Oil Spill
The first section of this report provides an overview of the existing liability and compensation framework as it relates to the Deepwater Horizon oil spill. The second section highlights many of the liability and compensation issues raised by the event. The third section discusses options for policymakers to adjust, amend, or supplement the current framework.
Phosphorus Mitigation in the Everglades
This report discusses the FY2004 appropriations provisions that condition federal funding for Everglades restoration on compliance with water quality standards, provides a side-by-side analysis of pending appropriations legislation, and provides background and a timeline of efforts to address Everglades phosphorus pollution (from Summary).
The Deepwater Horizon Oil Spill and the Gulf of Mexico Fishing Industry
This report summarizes information related to damages caused by the Deepwater oil spill to Gulf fisheries and efforts to mitigate these damages.
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 Court revisited these issues in a 2006 ruling that unanimously upheld the states' authority to condition hydropower licenses. The dispute between states and industry groups about Section 401 authority has been a legislative issue on several occasions, but Congress has not responded by modifying the provision's scope. In addition, there has been interest in clarifying whether Section 401 certification applies to nonpoint source discharges, such as rainfall runoff, as well as point source discharges from pipes or ditches.
EPA and the Army Corps' Proposed "Waters of the United States" Rule: Congressional Response and Options
This report discusses four legislative options that Congress could consider to halt or redirect the Environmental Protection Agency and the Army Corps of Engineer's proposed "waters of the United States" rule: the Congressional Review Act, appropriations bill limitations, targeted legislation, and broad amendments to the Clean Water Act. Each option faces a steep path to enactment.
Tax Issues and the Gulf of Mexico Oil Spill: Legal Analysis of Payments and Tax Relief Policy Options
This report will briefly discuss existing disaster-related tax provisions and their application to the recent Depewater Horizon oil rig explosion and subsequent oil spill in the Gulf of Mexico. The report then provides an analysis of the tax treatment of the BP payments to the individuals and businesses impacted by the oil spill as well as various policy options for providing tax relief to oil spill victims, highlighting the circumstantial differences between previous natural disasters and the current oil spill. The report concludes with a brief summary of current legislative efforts.
Water Infrastructure Projects Designated in EPA Appropriations: Trends and Policy Implications
This report discusses appropriations for Environmental Protection Agency (EPA) water infrastructure programs, focusing on congressional special project designations in the account that funds these programs. While some Members of Congress, interest groups, and Administration officials are critical of these types of congressional actions, there is little indication that the practice will cease. Information on the programmatic history of EPA involvement in assisting wastewater treatment and drinking water projects also is provided in two appendixes.
Ocean Acidification
Report that discusses the increasing concentrations of carbon dioxide (CO2) in the atmosphere, and the extent of related effects on the ocean and marine resources.
Ocean Acidification
With increasing concentrations of carbon dioxide (CO2) in the atmosphere, the extent of effects on the ocean and marine resources is an increasing concern. One aspect of this issue is the ongoing process whereby seawater becomes acidified (i.e., ocean acidification) as more CO2 dissolves in it, causing hydrogen ion concentration in seawater to increase. While not yet fully understood, the ecological and economic consequences of ocean acidification could be substantial. Congress is beginning to focus attention on better understanding ocean acidification and determining how this concern might be addressed.
Pesticide Use and Water Quality: Are the Laws Complementary or in Conflict?
This report provides background on the conflict over interpretation and implementation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act. A brief discussion of the two laws is followed by a review of the major litigation of interest. EPA's efforts to clarify its policy in this area and the November 2006 rule and the 2009 federal court ruling are discussed, as well as possible options for EPA and Congress to further address the FIFRA-CWA issues. In June, EPA proposed a draft general CWA permit that it intends to finalize by April 2011 in response to the court ruling.
Gold King Mine Spill May Renew Interest in "Good Samaritan" Legislation
This report discusses legislation related to an accidental spill from the Gold King Mine, a long-abandoned gold mine site in Colorado, which released acid mine drainage (AMD) wastewater into a tributary of the Animas River and downstream to the San Juan River. The proposed legislation would authorize Good Samaritan remediation, in which third parties who have no history of polluting at a particular site or legal responsibility for its pollution step forward to clean up AMD or other historic mine residue of pollution.
EPA and the Army Corps' "Waters of the United States" Rule: Congressional Response and Options
This report discusses four legislative options that Congress could consider to halt or redirect the Environmental Protection Agency and the Army Corps of Engineer's proposed "waters of the United States" rule.
EPA and the Army Corps' Rule to Define "Waters of the United States"
This report describes the final revised rule defining the scope of waters protected under the Clean Water Act (CWA)--which the agencies refer to as the Clean Water Rule--and includes a table comparing the existing regulatory language that defines "waters of the United States" with the revisions.
EPA and the Army Corps' "Waters of the United States" Rule: Congressional Response and Options
This report discusses four legislative options that Congress could consider to halt or redirect the Environmental Protection Agency and the Army Corps of Engineer's proposed "waters of the United States" rule.
EPA and the Army Corps' Rule to Define "Waters of the United States"
This report describes the revised rule of the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) which defines the scope of waters protected under the Clean Water Act (CWA). Agencies refer to this final rule as the Clean Water Rule. This report includes a table comparing the existing regulatory language that defines "waters of the United States" with the revisions.
EPA and the Army Corps' "Waters of the United States" Rule: Congressional Response and Options
This report discusses several options Congress had in order to respond to controversy caused by the May 27th, 2015 rule that was finalized by the Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA). This finalized rule revised regulations that defined the scope of waters protected under the Clean Water Act (CWA). Congress' legislative options are reflected in bills in the 114th Congress.
Overview of EPA and the Army Corps’ Rule to Define “Waters of the United States”
This report describes the revised rule of the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) which defines the scope of waters protected under the Clean Water Act (CWA).
Evolution of the Meaning of "Waters of the United States" in the Clean Water Act
This report examines the changing definition of the phrase, "waters of the United States." The scope of waters that are properly the subject of federal water pollution legislation has been the subject of long-standing consideration by all three branches of the federal government, particularly in the aftermath of the 1972 amendments to the Federal Water Pollution Control Act, commonly referred to as the Clean Water Act.
Ocean Dumping: A Time to Reappraise?
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Toxic Pollutants and the Clean Water Act: Current Issues
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San Diego Wastewater Treatment: Current Issues
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Stormwater Permits: Status of EPA's Regulatory Program
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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 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.
Water Quality Issues in the 111th Congress: Oversight and Implementation
This report discusses the water quality issues. Although much progress has been made in achieving the ambitious goals that Congress established more than 35 years ago to restore and maintain the chemical, physical, and biological integrity of the nation's waters, long-standing problems persist, and new problems have emerged.
Drinking Water State Revolving Fund: Program Overview and Issues
In the Safe Drinking Water Act (SDWA) Amendments of 1996 (P.L. 104-182), Congress authorized a drinking water state revolving loan fund (DWSRF) program to help public water systems finance infrastructure projects needed to comply with federal drinking water regulations and to protect public health. Under the program, states receive capitalization grants to make loans to water systems for drinking water projects and certain other SDWA activities. Since the program was first funded in FY1997, Congress has provided $7.8 billion, including roughly $844 million for FY2005. The President has requested $850 million for FY2006. Through June 2004, the DWSRF program had provided $7.9 billion in assistance and had supported 6,500 projects.
Stormwater Permits: Status of EPA's Regulatory Program
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Water Quality: Implementing the Clean Water Act
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Water Quality: Implementing the Clean Water Act
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Water Quality: Implementing the Clean Water Act
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Clean Water Act and Total Maximum Daily Loads (TMDLs) of Pollutants
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.
Leaking Underground Storage Tank Cleanup Issues
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Water Quality: Implementing the Clean Water Act
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Water Quality: Implementing the Clean Water Act
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Water Quality: Implementing the Clean Water Act
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Water Quality Initiatives and Agriculture
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Water Quality: Implementing the Clean Water Act
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Water Quality: Implementing the Clean Water Act
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Water Quality: Implementing the Clean Water Act
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Water Quality: Implementing the Clean Water Act
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Water Quality: Implementing the Clean Water Act
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Water Quality: Implementing the Clean Water Act
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Water Quality: Implementing the Clean Water Act
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Water Quality: Implementing the Clean Water Act
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Water Quality: Implementing the Clean Water Act
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Water Quality: Implementing the Clean Water Act
No Description Available.
Clean Water Issues in the 107th Congress: An Overview
Key water quality issues that may face the 107th Congress include: actions to implement existing provisions of the Clean Water Act, whether additional steps are necessary to achieve overall goals of the Act, and the appropriate federal role in guiding and paying for clean water activities. This Act is the principal law that deals with polluting activity in the nation’s lakes, rivers, and coastal waters and authorizes funds to aid construction of municipal wastewater treatment plants. Legislative prospects for comprehensively amending it have been stalled over whether and exactly how to change the law.
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.