98-150: The Clean Water Action Plan:
Background and Early Implementation

Claudia Copeland
Specialist in Environmental Policy
Resources, Science, and Industry Division

Updated May 3, 1999

Summary

In October 1997, Vice President Gore directed federal agencies to develop a Clean Water Initiative to improve and strengthen water pollution control efforts. The multi-agency plan was released on Feb. 19, 1998, and identifies more than 100 key actions. Most are existing activities, now labeled as part of the Initiative. The President's FY1999 budget requested $2.2 billion for five departments and agencies ($568 million more than in FY1998) to fund implementation. By October 1998, Congress passed bills to fund the plan, but appropriations provided $1.8 billion, or less than 15%, of the requested increases. In the meantime, however, federal agencies are beginning or accelerating activities to carry out the actions under the Plan. These activities are discussed in this report. For related analyses, see CRS Report 98-745, Clean Water Action Plan: Budgetary Initiatives. This report will be updated as developments warrant.

Introduction and Background

In October 1997, on the 25^th anniversary of the Clean Water Act (CWA), Vice President Al Gore announced an initiative intended to build on the environmental successes of that Act and to address the nation's remaining water quality challenges. While much progress has been made in achieving the ambitious goals of the law to restore and maintain the chemical, physical and biological integrity of rivers, lakes, and coastal waters, problems persist. Based on the limited water quality monitoring that is done by states, it is estimated that about 40% of those waters do not meet applicable water quality standards. The types of remaining water quality problems, especially runoff from farms and ranches, city streets, and other diffuse sources, are more complex than is controlling pollution discharged from the end of pipes at factories and sewage treatment plants.

The Vice President directed the Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA) to coordinate the work of other federal agencies to develop an Action Plan within 120 days to improve and strengthen water pollution control efforts across the country. ("Notice of Vice President Gore's Clean Water Initiatives," 62 Federal Register 60447-60449, Nov. 7, 1997). It was to focus on three goals: enhanced protection from public health threats posed by water pollution, more effective control of polluted runoff, and promotion of water quality protection on a watershed basis. The Departments of Commerce and Interior and the U.S. Army Corps of Engineers also have roles. The purpose of the Action Plan is to coordinate federal efforts to achieve the three goals. Over all, the Initiative seeks primarily to address the wide range of activities that cause nonpoint source pollution (polluted runoff), including agriculture, mining, urban development, and forestry. EPA and states believe polluted runoff causes more than one-half of remaining water quality problems. Agriculture is believed responsible for the largest portion of water quality impairments due to polluted runoff.

The Action Plan

President Clinton and Vice President Gore released the Action Plan on Feb. 19, 1998 (the text is available at http://www.cleanwater.gov/). The components of the plan, more than 100 actions, correspond to specific elements identified by the Vice President in October 1997. It consists mainly of existing programs, including some planned regulatory actions that agencies have had underway, now to be enhanced with increased funding or accelerated with performance-specific deadlines.

The President's FY1999 budget identified the Clean Water Action Plan as a high priority for environmental programs. It requested a total of $2.2 billion--a $568 million, or 35%, increase over 1998--for multi-agency funding of a Clean Water and Watershed Restoration Initiative. By October 1998, Congress had passed FY1999 appropriations bills to fund the Plan. Over all, the enacted bills provided $1.8 billion, with less than 15% of the increased funds sought by the Administration. In the President's FY2000 budget request, the Administration seeks $458 million in increases ($2.275 billion total) for the Plan. (For additional information, see CRS Report 98-745 Clean Water Action Plan: Budgetary Initiatives.) Components of the Action Plan announced in February 1998 fit into eight categories.

Protecting public health. The Initiative directed EPA and the National Oceanic and Atmospheric Administration (NOAA) to assure that fish and shellfish are safe to eat, including steps to reduce the need for fish consumption advisories. Advisories are a risk management tool used by states and localities to inform the public on the health risks of consuming chemically contaminated fish and shellfish. The Plan seeks increased enforcement and assistance to states to control discharges contaminating fish and shellfish, beaches, and drinking water sources. It calls for a national survey of contaminants in fish and shellfish by the year 2000, and it also calls for new water quality criteria and state standards to ensure that beaches are safe.

Controlling polluted runoff. The Initiative called for EPA to develop and implement water quality criteria for nitrogen and phosphorous, major pollutants associated with runoff, by the year 2000. These criteria would help states set site-specific standards to control nutrient pollution and thus reduce nutrient loadings to rivers and lakes.

The Initiative also directed EPA to update existing CWA regulations for animal feeding operations and to issue final regulations for managing stormwater runoff. EPA already had planned to revise regulations that limit animal waste discharges from large feeding operations; current rules were issued in 1975. In 1998, EPA proposed permit rules for small urban stormwater discharges. When these rules are final in 1999, they will complete EPA's program to regulate stormwater discharges from large and small cities. These elements are included in the Action Plan, which also directs increased grant funding to assist states and Indian tribes in managing polluted runoff.

Incentives for private land stewardship. Both the Initiative and the Action Plan call for increased incentives and assistance to help farmers control polluted runoff and encourage conservation of critical private lands. The Initiative called for USDA to work with states to implement the Conservation Reserve Enhancement Program (CREP) to ensure that as many agreements as practicable will address critical water quality, soil erosion, and fish and wildlife habitat needs. The Conservation Reserve Program, established in the 1985 farm bill, assists owners and operators of highly erodible cropland in conserving and improving soil and water resources. CREP, added by the 1996 farm bill, expands on it. USDA will partner with states and localities to provide cost-share and technical assistance for long-term protection of environmentally-sensitive lands.

The Initiative directed USDA to develop a strategy so that agricultural producers in 1,000 critical rural watersheds have the technical and financial assistance needed to abate polluted runoff and comply with applicable standards. In that regard, the Plan and the FY1999 and FY2000 budgets target new resources to help farmers. The Plan also calls for creating 2 million miles of buffer zones, to protect waterways from agricultural runoff, and developing pollution prevention plans covering more than 35 million acres by 2002.

New resources for watershed-based actions. The Plan calls for joint efforts with states, local communities, and tribes to identify watersheds that are not meeting clean water goals and to set restoration priorities. The concept of managing water quality and resources on a watershed basis, as a framework for considering the highest priority water-related problems within geographic areas, rather than areas defined by political boundaries, has emerged in public and private sector efforts to address water quality impairments. The Plan seeks expanded funding (grants and technical assistance) to support local organizations that promote watershed partnerships and to support implementation of pollution controls on the basis of watershed approaches.

Restoring and protecting wetlands. The Plan calls for a coordinated strategy to achieve a net gain of as many as 100,000 acres of wetlands annually by the year 2005. This is likely to be one of the more difficult elements to implement since it requires reversing current wetlands losses, which are estimated to be 80,000 to 120,000 acres annually. The Plan also calls for a 50% increase in wetlands restored and enhanced by the Corps of Engineers and increased enrollment of acres for wetlands restoration under USDA conservation programs. Data on wetland acreage, especially the rate and pattern of wetland loss, are imperfect and often controversial. The Plan calls for a new interagency system to more accurately track wetland loss, as well as restoration and creation.

Protecting coastal waters. One-half of the U.S. population lives within 50 miles of the coast, an area that comprises only 20% of the nation's total land. The cumulative impact of man's activities in the coastal environment has resulted in water quality degradation, habitat losses, and declines of living resources. Polluted runoff is a major source of coastal water pollution and one of the primary factors associated with outbreaks of harmful algal blooms such as Pfiesteria in coastal waters. The Plan calls for a coordinated response to support state and local efforts during events such as outbreaks of harmful algal blooms. Major federal efforts in this regard have been underway since mid-1997, following a Pfiesteria outbreak in Maryland and nearby coastal waters.

In more specific terms, NOAA and EPA were directed to ensure that all state Coastal Nonpoint Pollution Control Programs are in place by mid-1998, and are fully approved by Dec. 31, 1999. The Coastal Zone Act Reauthorization Amendments of 1990 (CZARA) directed coastal and Great Lakes states to develop nonpoint pollution plans as part of overall coastal zone management programs.

Expanding citizens' right to know. The Action Plan calls for several actions to increase citizens' understanding of the health of their waterways. One particular focus is Internet-based systems to provide information on watersheds nationwide and on watershed programs and services. EPA has had such information available on its Internet site for some time, and, along with other agencies, will presumably be working to enhance it (see http://www.epa.gov/surf/).

In this regard, the Plan calls for point source dischargers (industrial and municipal facilities) to provide standardized reporting and monitoring of pollution discharge information to support watershed planning. It also calls for a national report that will identify gaps in the monitoring and assessment of sources and impacts of polluted runoff.

Enhanced federal stewardship. The concept underlying these elements of the Plan is that the federal government, through its stewardship of public lands, should be as responsible as private landowners in protecting water quality and the health of aquatic ecosystems on federal lands. Federal agencies often are criticized for supporting or authorizing activities on public lands that are environmentally harmful. As part of the Initiative, lands and facilities owned, managed, or controlled by federal agencies will be national models for control of polluted runoff and effective watershed planning

The Plan calls for a number of actions affecting federal lands, including relocation and improved water quality protection for 2,000 miles of roads and trails a year through 2005 and removal or decommissioning of 5,000 miles a year by 2002. These actions in the Plan are consistent with efforts already underway by the Forest Service regarding roads on National Forest System lands. It also calls for accelerated efforts by land management agencies to improve or restore 25,000 miles of stream corridor by 2005.

Early Implementation of the Clean Water Action Plan

Federal officials estimated that the ambitious agenda presented in the Plan would require 25 years for full implementation. They also believe that, once started, the Plan will quickly move from the federal to state and local levels. Even while Congress considered FY1999 and FY2000 appropriations bills to fund it, EPA and other federal agencies are beginning or accelerating their activities under the Plan. In February 1999, on the first anniversary of release of the Action Plan, the Administration issued a report describing accomplishments to date. Many of the accomplishments, however, are only first steps in processes that will be lengthy, especially in terms of impacting water quality improvements. Since many of the specific items in the Plan and half of the budgetary resources are focusing on partnerships with states, localities, and individuals, accomplishments depend greatly on actions taken by multiple stakeholders.

EPA Activities. Of the 100-plus actions in the Plan, many involve core clean water programs for which EPA is primarily responsible.

A significant aspect of the Plan is a focus on watersheds as the basis of water quality problem identification and decision making. In June 1998, EPA released a Unified Watershed Assessment Framework to assist states, tribes and others with the process called for in the Plan of identifying watersheds that do not meet clean water and other natural resource goals and where prevention action is needed to sustain water quality and aquatic resources. In response, states submitted watershed assessment reports by October 1, 1998. Priority waters identified by these assessments will be the focus of funding increases in FY1999 and future appropriations.

Nutrients, in appropriate amounts, are essential to the health and functioning of aquatic ecosystems. In excessive amounts, however, nutrients contribute to excess growth of algae, leading to oxygen declines which harm aquatic species. State water quality reports indicate that over-enrichment of waters by nutrients (nitrogen and phosphorus) is the biggest overall source of impairment of the nation's waters. EPA is to publish numeric water quality criteria (scientific information concerning harmful levels of a pollutant) for nutrients by the year 2000. In June 1998, EPA released a national strategy for developing criteria and standards for nutrients, which will be used by states to develop nutrient provisions of state water quality standards.

Several actions in the Plan relate to ensuring that beaches are safe for swimming. In spring 1998, EPA conducted a first annual national survey concerning monitoring and public health risks posed by contaminated beach water and has posted local beach quality information on the Internet (http://www.epa.gov/ost/beaches/). In April 1999, EPA announced a 5-year comprehensive plan for improvements to beach monitoring programs, standards, public access, and research.

To implement the Plan's goal of having a nationally consistent process for monitoring the health of fish and communicating fish consumption advisories, EPA is consulting with state environmental, public health, and natural resource agencies, plus tribal leaders, asking them to review their existing fish advisory program and compare it to the EPA's National Guidance on Fish Consumption Advisories.

Joint or Other Federal Agency Activities. Many actions in the Plan involve other federal agencies, either alone or jointly with EPA. A key purpose of the Plan is to coordinate the several federal agencies and their state partners that have water quality program responsibilities.

A key element of the Plan, minimizing public health and environmental impacts of runoff from animal feeding operations (AFOs) into rivers, lakes, and estuaries, was addressed when EPA and USDA issued a national AFO strategy March 9, 1999. It contains a number of short-term and long-term steps to improve compliance and strengthen existing regulations, obtain better information water quality impairments due to AFOs, and together with other federal agencies and states, coordinate activities related to AFOs. It proposes that all AFOs, regardless of size, should develop and implement comprehensive nutrient management plans by 2009. The plans would include manure handling and storage, application of manure to land, recordkeeping, feed management, land management, and other manure-use options. Officials estimate that 95% of all AFOs will be encouraged to voluntarily implement nutrient management plans, while 15,000 to 20,000 large-scale operations will be required to develop the plans as part of CWA discharge permits. Also, EPA will work with states on a 2-phase approach for permitting animal feedlot operations: requiring coverage of large-scale operations by permits by 2005; and revising existing regulations by 2002. (For additional information, see CRS Report 98-451, Animal Waste Management and the Environment: Background for Current Issues.)

EPA and NOAA met the June 1998 deadline in the Plan to conditionally approve all 29 of the submitted state Coastal Nonpoint Pollution Control Programs under the Coastal Zone Act Reauthorization Amendments of 1990. The two agencies also revised guidance for this program, granting states an extended timeframe (15 years) to achieve full implementation of measures to manage coastal nonpoint pollution. Next steps involve working with state coastal zone management and nonpoint pollution agencies to implement their programs for reducing polluted runoff in coastal areas and work towards full program approval.

The Conservation Reserve Enhancement Program (CREP) is a state-federal conservation partnership program targeted to address specific state and nationally significant water quality, soil erosion, and wildlife habitat issues related to agricultural use. The Farm Service Agency of USDA released final guidelines on CREP. As of April 1999, USDA has approved programs in seven states (Maryland, Minnesota, Washington, Oregon, Illinois, New York, and North Carolina) and is considering five other proposals.

Fifteen agencies, led by USDA, collaborated on a manual for use in restoring the natural ecology of streams and rivers. Twelve watersheds in need of restoration will be chosen to demonstrate these techniques in 1999.

A prerequisite to achieving the Plan's goal of a net gain of wetlands resources is reliable systems to collect and analyze data on losses and gains in the nation's wetlands inventory. Currently, several such systems exist that have different purposes and yield different results. In May 1998, the interagency White House Wetlands Working Group issued a final plan for developing a single, improved wetlands status and trends report to be issued by 2000.

Congressional Interest

So far, Congress has considered the Clean Water Action Plan primarily through the appropriations process, as spending decisions were made about the FY1999 budget requests and others for FY2000 to fund the Plan are considered (see CRS Report 98-745 Clean Water Action Plan: Budgetary Initiatives). When it was presented in February 1998, the Plan was not accompanied by legislative proposals to reauthorize the Clean Water Act or other statutes or enact new laws to carry it out. Beyond the appropriations process, it has attracted limited attention by the Congress. Interest groups and stakeholders involved with water quality programs have generally supported the policy and specific actions in the Plan. However, some of the actions, such as the recent EPA-USDA strategy concerning animal feeding operations, could be controversial and, thus, could draw more congressional attention in the future.