Federal Regulations
Clean Water Act
- Statue: 33 U.S.C. §1251 et seq. (1972)
- The Clean Water Act (CWA) is the cornerstone of surface water quality protection in the United States. The statute employs a variety of regulatory and non-regulatory tools to reduce direct pollutant discharges into waterways, finance municipal wastewater treatment facilities, and manage polluted runoff. These tools are employed to achieve the broader goal of restoring and maintaining the chemical, physical, and biological integrity of the nation’s waters so that they can support “the protection and propagation of fish, shellfish, and wildlife and recreation in and on the water.”
- Impaired Waters and TMDLs – Section 303(d)
- Statute: 33 U.S.C. §1313(d) (1972) / Regulation: 40 CFR Part 130.7
- This section requires states to create lists of impaired waters (those that do not meet the water quality standards defined by the state). In Pennsylvania, this list is updated every 2 years through the Integrated Water Quality Report. Total Maximum Daily Loads (TMDLs) must be created to reduce the presence of identified pollutants in each impaired water body.
- Water Quality Criteria – Section 304(a)
- Statute: 33 U.S.C. §1314 (1972) / Regulation: 40 CFR Part 136 and 40 CFR Part 131
- This section provides guidelines for states in developing criteria for water quality standards and guidelines. The resulting guidelines are published by the EPA under the National Recommended Water Quality Criteria tables for Aquatic Life and Human Health.
- National Pollutant Discharge Elimination System (NPDES)
- Statute: 33 U.S.C. §1311 (1972) / Regulation: 40 CFR Part 125
- This section sets limitations for pollutant discharges (point and non-point source) into waters of the US. States have taken over the implementation of this program through NPDES permitting. See State Regulations for more information.
- Impaired Waters and TMDLs – Section 303(d)
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Endangered Species Act
- Statute: 16 U.S.C. §1531 et seq. (1973)
- The Endangered Species Act (ESA) provides a program for the conservation of threatened and endangered plants and animals and the habitats in which they are found. The lead federal agencies for implementing ESA are the U.S. Fish and Wildlife Service (FWS) and the U.S. National Oceanic and Atmospheric Administration (NOAA) Fisheries Service. Federal agencies are directed, under section 7(a)(1) of the ESA, to utilize their authorities to carry out programs for the conservation of threatened and endangered species. Thus, federal agencies must consult with NOAA Fisheries Service and/or FWS, under section 7(a)(2) of the ESA, on activities that may affect a listed species.
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National Flood Insurance Act of 1968
- Statute: 42 U.S.C. §4001 et seq. (1968) / Regulation: 44 CFR Part 60
- The National Flood Insurance Act of 1968 aimed to address the impacts of flooding across the nation by:
- Transferring costs of flood losses from taxpayers to property owners in the floodplain
- Providing financial aid after floods
- Guiding development away from flood hazard areas
- Requiring new buildings to be constructed to minimize flood damage
- To meet these goals, the Act created the National Flood Insurance Program (NFIP), administered by the Federal Emergency Management Agency (FEMA), to provide flood insurance to communities who voluntarily adopt and enforce a floodplain management ordinance. Future legislation was passed that adds to or amends the National Flood Insurance Act of 1968:
- Flood Insurance Protection Act of 1973
- National Flood Insurance Reform Act of 1994 – created the Community Rating System program (link to this page)
- Flood Insurance Reform Act of 2004
- Biggert-Waters Flood Insurance Reform Act of 2012 – this was one of the larger reforms to the NFIP, aiming to make the NFIP more financially stable. This act created the national mapping program that defines the floodplain and raised flood insurance rates to reflect homeowners’ true risk of flooding.
- Consolidated Appropriations Act and the Homeowner Flood Insurance Affordability Act of 2014 – this act attempted to limit some of the changes made by the Biggert-Waters Act of 2012 by limiting flood insurance rate increases to no higher than 18% increase per year for residences and 25% per year for businesses.
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Safe Drinking Water Act
- Statute: 42 U.S.C. §300f et seq. (1974)
- The Safe Drinking Water Act (SDWA) is the main federal law that ensures the quality of Americans’ drinking water. Under SDWA, EPA sets standards for drinking water quality and oversees the states, localities, and water suppliers who implement those standards.