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1 1 (August 15, 2017)

handle is hein.crs/govcezs0001 and id is 1 raw text is: FF. ' riE S-' $. h ,. , Updated August 15, 2017 Water Quality Issues in the 115th Congress: A Brief Overview The Clean Water Act (CWA) of 1972 declared its objective to restore and maintain the chemical, physical, and biological integrity of the Nation's waters. Much progress has been made in 45 years toward this objective. Significant water quality problems persist, however, and there is little consensus among stakeholders about what solutions are appropriate-including whether legislation is required to address remaining problems or whether existing regulatory authorities should be revised. In the 115th Congress, interest in several ongoing issues has continued: defining the scope of waters regulated under the CWA, addressing the nation's wastewater infrastructure needs, and determining what (if any) actions should be taken to address controversies over CWA permitting requirements. LemghsAat,,ve aknc,, C)er4kghn Under Section 404 of the CWA, landowners or developers must obtain permits to discharge dredged or filled material into navigable waters, defined in the act as waters of the United States, including the territorial seas (CWA Section 502(7)). The Army Corps of Engineers and the U.S. Environmental Protection Agency (EPA), which share implementation of the Section 404 permitting program, have defined this term more fully through regulations, as authorized by the CWA. Supreme Court rulings in 2001 and 2006 interpreted the scope of the term more narrowly than the Corps and EPA had defined it in carrying out their duties under the CWA. In an effort to respond to the Court's rulings and reduce uncertainty about the scope of waters under CWA jurisdiction, including waters subject to Section 404 permitting requirements, the Corps and EPA issued guidance and the Clean Water Rule-or Waters of the United States (WOTUS) Rule. The final rule, published in June 2015, has been controversial. The Corps and EPA then asserted that the rule does not expand the jurisdiction of regulated waters but rather that it clarifies the definition of types of waters with ambiguous jurisdictional status. Some stakeholders-such as landowners, developers, and agricultural interests-criticized the rule for expanding CWA jurisdiction beyond what Congress intended. States and localities supported efforts to clarify the scope of waters covered, but some were concerned about compliance costs. Environmental groups generally supported the rule, but some asserted that the scope should be more inclusive. Industry groups, more than half the states, and several environmental groups filed lawsuits in multiple federal district and appeals courts to challenge the rule. An appeals court ordered a nationwide stay of the rule in October 2015 and later ruled that it had jurisdiction to hear consolidated challenges to the rule. In January 2017, the Supreme Court granted a petition to decide whether federal district or appellate courts are the proper venue for challenges to the rule. Oral arguments are not expected until the fall of 2017. Meanwhile, the Corps and EPA are using guidance and regulations that were in place prior to the 2015 rule to determine CWA jurisdiction, which stakeholders have asserted is ambiguous and often leads to time-consuming case-by-case determinations. In February 2017, President Trump issued an executive order directing the Corps and EPA to review and rescind or revise the rule. A proposed rule, published on July 27, 2017 (82 Federal Register 34899), would initiate the first step in a comprehensive, two-step process intended to review and revise the definition of 'waters of the United States' consistent with the Executive Order. The first step proposes to rescind the 2015 rule and re-codify the regulatory definition of waters of the United States as it existed prior to the rule. In the 115th Congress, bills have focused on repealing the rule (H.R. 1105) or replacing it with a narrower statutory definition of waters subject to CWA jurisdiction (H.R. 1261). Members of the House and Senate have proposed resolutions expressing the sense that the rule should be withdrawn or vacated (H.Res. 152 and S.Res. 12). The Energy and Water Development Appropriations Act, 2018 (included in the FY2018 National Security Consolidated Appropriations Act), and the Interior, Environment, and Related Agencies Appropriations Act, 2018 (H.R. 3354), as reported, contain provisions that would allow withdrawal of the rule without regard to any provision of statute or regulation that establishes a requirement for such withdrawal (e.g., the Administrative Procedure Act). According to the most recent Needs Survey estimate by EPA and the states, $271 billion is needed to ensure that the nation's wastewater treatment facilities meet the CWA's water quality objectives. The Clean Water State Revolving Fund (CWSRF) program assists states in financing a wide range of water quality infrastructure projects. Through annual appropriations, EPA provides grants to states to capitalize SRFs. States use funds primarily to provide subsidized loans to municipalities for eligible projects. Loan recipients repay the funds to the states to be used for future projects, providing an ongoing source of funding. Congress has appropriated an average of $1.45 billion annually in recent years for the CWSRF program. Also, the Water Infrastructure Finance and Innovation Act (WIFIA) program is a new source of potential financing for water infrastructure. It authorizes EPA to provide credit assistance for projects with costs over $20 million. For FY2017, Congress appropriated $30 million to EPA, which is expected to begin issuing loans in 2017. According to EPA, .O 'T gognpo ' -pmm ggmm g , q 'S a X 11LULANJILiN,

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