Congressional Research Service Reports - 12 Matching Results
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- 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 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 was dormant until recently, when states and EPA were prodded by numerous lawsuits.
- Water Quality: Implementing the Clean Water Act
- No Description Available.
- Water Quality: Implementing the Clean Water Act
- No Description Available.
- 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.
- Clean Water Act and Total Maximum Daily Loads (TMDLs) of Pollutants
- This report discusses the section 303(d) of the Clean Water Act, which 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.
- 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.
- 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.
- The Deepwater Horizon Oil Spill: Coastal Wetland and Wildlife Impacts and Response
- The explosion of the Deepwater Horizon drilling rig in the Gulf of Mexico on April 20, 2010, and the resulting oil spill began a cascade of effects on the coastal areas of the Gulf and on the wealth of species that inhabit those areas. This report addresses the importance of wetlands in general, the ecology of the coastal wetlands in the Gulf, impacts of oil spills on wetland habitats, response options, the implications of hurricane season for the spill's impacts, and cleanup and recovery issues. The emphasis is on the nearshore environment, although a few species found in deeper waters will be mentioned. In addition, some lessons from past spills such as the Exxon Valdez in Alaska will be discussed, along with issues that may arise as response and recovery transition to restoration of the Gulf.
- Oil Spill Legislation in the 111th Congress
- This report summarizes provisions of selected legislation - enacted and proposed - that address oil spill policy issues raised after the April 20, 2010, explosion and resulting oil spill at the Deepwater Horizon drilling platform in the Gulf of Mexico. This report focuses primarily on oil spill policy matters that concern prevention, preparedness, response, and the liability and compensation framework.
- 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.
- Oil and Chemical Spills: Federal Emergency Response Framework
- This report discusses the statutory authorities of the National Contingency Plan (NCP), and relevant executive orders; outlines the federal emergency response framework of the NCP to coordinate federal, state, and local roles; and identifies the funding mechanisms to carry out a federal response to a discharge of oil or a release of a hazardous substance.