Title: The Clean Water Act: Has It Worked? Subhead: We have a long way to go. by Robert Adler More than two decades after the Clean Water Act was passed, little clear information is available on basic questions about the health of our water bodies: How much cleaner are our rivers than they were 20 years ago? Are our beaches safe for swimming? Do our lakes support more fish, and are the fish safer to eat? What is happening to species that rely on aquatic habitat? Numerous government reports are available on virtually all aspects of Clean Water Act program administration. Government computers store extensive technical data related to the quality of our waters and the health of our aquatic ecosystems. These data are riddled with inconsistencies, however, making it almost impossible to determine whether, on a national basis, we have made significant progress in the war against water pollution. The following analysis begins with traditional means of evaluating water-quality progress. Because this evaluation is of only limited value in responding to our basic questions, it is followed by a review of "real-world" information on the safety of our waters for swimming, fishing, and drinking; on the health of our aquatic ecosystems and availability of important aquatic habitat; and on the status of fish and other species that rely on our rivers, lakes, and wetlands. This search gives some cause for hope that we have succeeded in reducing some forms of serious water pollution, especially from traditional sources such as factories and sewage treatment plants--so-called point sources of pollution. But the best available data show that we still have a long way to go. Primarily because of massive pollution running off of farms, city streets, and other intensive land uses (nonpoint-source pollution, also known as polluted runoff) as well as large-scale destruction of wetlands, floodplains, stream channels, coastlines and other important aquatic habitat, we are actually going backwards in our efforts to restore the health of our aquatic ecosystems. Traditional Measures Traditionally, the way to evaluate success in water-pollution control is to count the numbers of new treatment systems installed and the pounds of pollutants removed by those systems. By this measure, the United States has made significant progress since passage of the 1972 Clean Water Act. The federal government invested $56 billion in municipal sewage treatment from 1972 to 1989, with total federal, state, and local expenditures of more than $128 billion. The percentage of the U.S. population served by wastewater-treatment plants jumped from 42 percent in 1970 to 67 percent in 1975, to 70 percent by 1980, and up to 74 percent by 1985. As of 1988, plants providing enhanced, secondary treatment or better served 58 percent of the U.S. population. This improved treatment, according to EPA, has reduced annual releases of organic waste by 46 percent, despite a large increase in the amount of waste treated. The same measure viewed from the opposite direction, however, shows a glass only half full. By 1988, public sewer systems serving 26.5 million people in the United States provided less than secondary treatment, and 1.5 million people had no treatment at all, with raw sewage discharged into public waters. About 70 million people were not served by public sewers. While many of these had properly designed and maintained septic systems, others had in-ground systems that leaked pollutants into surface or ground water. Similar gains are evident in the industrial sector. In 1973, industry spent about $1.8 billion on water pollution controls. By 1986, this had jumped to almost $5.9 billion. Again, these investments have reaped large dividends in total pollution reductions. According to EPA, pollution controls implemented in 22 industries since 1972--under a Consent Decree between EPA and the National Resources Defense Council (NRDC)-- have reduced releases of selected "priority" toxic organic pollutants by 99 percent, or by almost 660,000 pounds per day. Reductions in toxic metals are estimated at almost 98 percent, or more than 1.6 million pounds per day. Even higher amounts of conventional pollutants, like organic waste and solids, have been controlled with this new technology. As with sewage pollution, however, industrial water pollution is far from contained. In 1990, for example, U.S. industries reported the release of almost 200 million pounds of toxics into surface waters, and another 450 million pounds into public sewers. Despite these reductions in pollutants from point sources, on a national basis gains in ambient water quality are hard to measure. Thousands of water-quality monitoring stations exist around the country, but relatively little of the information collected at these stations is suitable to determine long-term water quality trends. The Clean Water Act requires states to submit reports every two years to EPA, which must evaluate, among other things, the extent to which state waters meet the basic goals of the act. In turn, EPA is required to analyze these reports and submit a comprehensive analysis to Congress every two years. These reports are known as the National Water Quality Inventory. The first inventory was released in 1974; the most recent, released in April 1994, covers the years 1990-91. The most recent inventory demonstrates that even the interim goals of the 1972 Clean Water Act have not been met: Roughly 40 percent of our assessed rivers and lakes and roughly a third of our assessed estuaries are not meeting or fully supporting designated uses (e.g., fishing, boating, swimming, drinking water supply). Other reports, to be discussed later, suggest that these numbers are seriously under- stated. Clearly we have not yet met the 1983 "fishable and swimmable" goal of the law. And despite incomplete monitoring, states report that toxic pollutants affect a large percentage of waters. Thus, we have not eliminated the release of "toxic pollutants in toxic amounts" either. Human Health Still Threatened Swimming Hazards and Beach Closures Among the first questions the average person would ask about whether the Clean Water Act has succeeded is whether it is safe to go to the beach. Until the most recent inventory (1992), not published until spring 1994, EPA did report how many waters the states believed were "swimmable." In the 1990 inventory, for example, EPA reported that the Clean Water Act's swimmable goal was met in about three-quarters of our rivers and estuaries, more than 82 percent of our lakes, and almost 90 percent of our ocean waters. Even these optimistic numbers lead us to conclude that, almost a decade after the 1983 goal for swimmable waters, a large number of water bodies (one out of ten ocean miles and one of five lake acres) are not safe for swimming. But a closer analysis indicates that many more waters are not safe for swimming. Even based on inadequate and inconsistent monitoring, there were over 2,600 reported coastal beach closures or advisories in 1992, and over 7,700 reported closures or advisories between 1988-1992. Pollution of Drinking Water The Safe Drinking Water Act, passed in 1974, regulates the quality of water as it leaves your tap, while the Clean Water Act is designed to eliminate water pollution in the rivers and lakes from which half of the country (by population) gets its drinking water. But while the general public does not care about this fine legal distinction, progress under the Clean Water Act is critical to the average citizen's drinking water for two reasons. First, ultimately, cleaner water supplies will produce cleaner water to drink. Second, the public faces increasing costs for treating drinking water to eliminate contaminants that should not be there in the first place. For a status report on the Safe Drinking Water Act, see boxed article on page 11. Fish and Shellfish Contamination In late 1992, EPA released the results of a five-year effort to evaluate the presence of toxic chemicals that may be bioaccumulating in fish. This effort tested for the presence of 60 pollutants in 119 species of fish collected from 314 water bodies. The results are sobering. Biphenyl, mercury, PCBs, and DDE were found at more than 90 percent of the test sites. And every pollutant in the study was found in at least one location. Concentrations of pollutants varied widely among individual samples. Nevertheless, EPA calculated that the levels of pollutants measured in fish around the country posed significant risks of cancer and other health effects to average fish consumers and even higher risks to subsistence and recreational anglers (who consume more fish from contaminated waters). The overall level of contamination of coastal waters by sewage and other sources of pathogens appears to be getting worse, although this probably reflects better monitoring and reporting as well as ongoing pollution. The National Shellfish Register, for example, shows that the amount of estuarine waters in which shellfishing was banned increased by 6 percent from 1985 to 1990. By 1990, in fact, less than two-thirds of our shellfish waters were unconditionally approved for shellfish harvest. On a regional basis, the situation was even worse. Between 1985 and 1990, the percentage of waters in which shellfishing was banned jumped by 10 percent in the Gulf of Mexico; it nearly tripled (from 10 to 29) in the North Atlantic. While shellfish waters were degrading on the East and Gulf coasts, they appear to have been improving along the Pacific. Sediment Contamination Toxic pollutants in sediment contaminate small aquatic organisms that live or feed in the sediment. These small animals are consumed by bottom-feeding fish, which in turn are eaten by larger fish. In fact, because levels of toxic pollutants bioaccumulate or biomagnify in higher levels of the food chain, sediment contamination levels can actually understate concentrations of the same pollutants in fish and shellfish. In 1992, the Coast Alliance prepared a comprehensive survey of available information on sediment contamination. Based on studies and compilations by EPA, the National Oceanic and Atmospheric Administration, and the National Research Council (NRC), this review noted hundreds of problem sites throughout the Atlantic, Gulf, and Pacific coasts, and the Great Lakes. The nation's waters have become so polluted that, according to EPA, only the most remote water bodies can be expected to have pristine sediments. Aquatic Species and Ecosystems in Jeopardy Trends in Aquatic Biodiversity In 1979, the American Fisheries Society (AFS) compiled a list of 251 North American fish designated as endangered, threatened, or of special concern. When AFS revisited its catalog a decade later, the situation had deteriorated severely. The 1989 list added 139 new types and removed 26, producing a total of 364 fish that warrant protection due to rarity. The AFS experts concluded that the factors that threaten most fish had changed little since the 1979 classification: "Habitats continue to be degraded through human activities associated with agriculture, mining, industry and urban development, while harmful, exotic species continue to be introduced and native fishes are transplanted beyond their natural ranges." But fishes are not the only category of aquatic and aquatic-dependent species in jeopardy. The current Fish and Wildlife Service list of threatened and endangered species includes, in addition to 90 fish, 13 snails, 42 clams and mussels, and 10 aquatic crustaceans. Many other species on the list rely heavily on aquatic ecosystems. Mammals include the Florida manatee, stellar sea lion, and southern sea otter; wetlands or beach-dwelling species such as beach mice, voles, and shrews; and the Florida panther, whose habitat in the Everglades is facing increasing pressure from development. Currently listed bird species include waterfowl and other species that use wetlands and other waters for food, nesting, staging, and other critical habitats. Most experts agree, moreover, that currently listed species reflect only the tip of the iceberg. Trends in Aquatic and Other Water-Dependent Populations America's coasts and some inland waters continue to provide a tremendous bounty of fish and shellfish, with vital economic and nutritional value to the nation. Indeed, many seafood populations--including the American lobster--are on the rise. But other indicators are more ominous. For example, between 1970 and 1989, harvest of oysters dropped by 44 percent and landings of spiny lobster declined by 34 percent. Commercial landings of striped bass have declined continuously since 1973, with a fall of 92 percent since 1982. Between 1983 and 1989, landings of bay scallops fell by 88 percent. Fish Kills At first blush, the number of fish kills appears to have declined over time. Until 1981, states generally reported between 700 and 850 fish kills per year; this level dropped to 500 or fewer for much of the 1980s. But these numbers are skewed by extreme variations in the numbers of states reporting fish kills during certain years. Reporting dropped from all states in the early 1970s to an average of 36 states from 1977 to 1985, with a low of 24 in 1986 and with 43 reporting in 1992. Adjusted to reflect these variations in the number of states reporting, the trends show an increase between 700 and 750 incidents per year in the early 1970s to between 800 and 1,000 incidents per year in the late 1970s and 1980s. In 1992, 43 states reported a total of 1620 fish kills, of which 930 were attributed to pollution. Aquatic Toxicity Much of the growing body of evidence about the effects of toxics on fish and wildlife comes from the Great Lakes and has been presented in useful summaries. For example, a 1991 report by the National Wildlife Federation and the Canadian Institute for Environmental Law and Policy summarized the effects of toxic contaminants on wildlife in the Great Lakes area. *Fifteen kinds of birds, animals, and fish in the Great Lakes region have had reproductive problems and/or population declines since the 1950s. *Missing brains, missing eyes, internal organs located outside the body, and deformed feet and wings are among the abnormalities found in Great Lakes wildlife. Birth defects occurred in almost 50 percent of the species studied. *Six species of wildlife have shown serious documented behavioral changes. *Sexual changes are thought to be caused by the similarity in structure of PCBs, DDE, and other pesticides to female hormones. *Beluga whales, terns, and herring gulls have suffered a suppression of their immune systems. Lost and Damaged Aquatic Habitats To help fill the gap in knowledge of the overall biological health of rivers and lakes, in 1982, EPA and FWS conducted the National Fisheries Survey. The conclusions were striking: 81 percent of the nation's waters, including 53.3 percent of all perennial waters, had fish communities adversely affected by a variety of factors. (Perennial waters run continuously, as opposed to intermittent streams, which run only during wet periods of the year or only after sufficient precipitation.) All told, even for perennial streams, more than one out of four provided minimal support at best for healthy fish populations. Less than 4 percent of waters were rated as completely healthy. Wetlands When the Clean Water Act began to regulate wetlands in the mid-1970s, an estimated 105.9 million acres of wetlands remained. By the mid-1980s, only 103.3 million acres remained, with a total loss of 2.6 million acres, or an average of 260,000 acres per year. Estuarine wetlands have declined by about 1 percent--mostly in Gulf Coast states--in most cases due to conversion to open salt water. Inland vegetated wetlands have decreased by nearly 2.5 million acres, with the largest losses in forested wetlands, primarily in the South. At the same time, the situation is at least somewhat promising from the perspective of recent trends. The rate of wetlands loss has slowed by about half since the wetlands protection provisions of the act have been in place. If this trend continues and wetlands protection efforts are expanded and strengthened, perhaps we can reverse the tide and begin to restore rather than degrade the nation's wetlands resources. Floodplains and Riparian Habitat Estimates of loss of floodplain and riparian (riverbank) habitat vary. But while they differ in detail, all lead to the conclusion that a large percentage of the original riparian habitat in the United States has been lost, and a large percentage continues to be lost. A detailed 1992 assessment of floodplain management in the United States provides useful perspectives: *By the late 1970s, an estimated 3.5 million to 5.5 million acres of floodplain had been developed for urban use, including more than 6,000 communities with populations of 2,500 or more. *Out of 75 million to 100 million acres of indigenous, woody riparian habitat, less than half (about 35 million acres) remain in nearly natural condition. The rest have been inundated, channelized, dammed, riprapped, farmed, overgrazed, or altered by other land uses. *The Army Corps of Engineers estimates that there are 574,500 miles of stream bank with erosion problems in the United States, 142,100 of which are characterized as "serious." Conclusion We have good reason to applaud the success of the Clean Water Act over the past two decades. Pollution from point sources has been reduced dramatically, and some human health and environmental threats have declined accordingly. It is equally clear from the above, however, that we still have a long way to go in meeting the basic goals of the Clean Water Act. Three basic messages predominate from this evaluation. First, although point-source pollution has declined, we continue to release large amounts of toxic and other pollutants into our water, causing continuing contamination of water, sediment, and fish and wildlife. Second, although we have paid much attention to pollution from point sources, relatively little has been done to stem the tide of polluted runoff from farms, lawns, and city streets. Third, while some progress has been made in restoring the chemical integrity of our waters, the biological health of these same waters is moving in the wrong direction. A revised and revitalized Clean Water Act could address these major flaws in the current law, and in current programs.# (Adler is Senior Attorney at the National Resources Defense Council in Washington, DC. This article was excerpted from Chapter 2 of The Clean Water Act: 20 Years Later [Island Press 1993].) [BEGIN BOX FOR ADLER STORY:] The Safe Drinking Water Act in Retrospect Twenty years following the passage of the Safe Drinking Water Act in 1974, the Natural Resources Defense Council has recently completed an analysis of the protection and treatment techniques currently used by the nation's largest drinking-water systems. The results of this analysis were published in a March 1994 report entitled Victorian Water Treatment Enters the 21st Century (authors: Brian A. Cohen and Erik D. Olson). As the title of this report indicates, NRDC finds that most large water suppliers in the United States are traveling on a technological "dirt road" at the same time that most Americans are preparing to enter the "information superhighway." Following are some highlights from the report: *The vast majority of large water suppliers do little or nothing to prevent contamination of the watershed or ground water that they rely upon for source water. The most effective way for drinking-water utilities to protect public health and reduce the risks from chemical contamination is to provide multiple barriers of protection. The first and most effective technique is protecting water supplies from deterioration by preventing their pollution. However, about two-thirds of large surface water systems have failed to adopt even minimal watershed protection techniques such as watershed land ownership and stream or reservoir buffers to prevent runoff or discharges of chemically or microbiologically polluted water into their source water. About 8 of 10 ground-water-supplied systems have failed to adopt wellhead protection programs to prevent contamination of their wells. *More than 90 percent of major water utilities have failed to install modern, post-World War I chemical-contaminant removal technology, despite widespread chemical contamination. Fewer than 10 percent of large community water systems are using modern water treatment technologies (such as granular activated carbon or ozone, both widely used by European drinking water systems) to reduce risks of chemical contamination by pesticides, arsenic, and other contaminants as well as disinfection byproducts. Moreover, only 26 percent of all large utilities are using the centuries-old and simple technique of aeration for removing volatile contaminants. While a relative handful of U.S. water systems have pristine watersheds and produce low levels of disinfection byproducts, most do not and should therefore consider a shift to higher quality treatment. *Scores of major systems with inadequately protected source waters have dragged their feet and have not installed basic 19th- Century filtration and particle removal technology needed to protect water from dangerous microbes. As of February 1994, more than 80 large surface-water systems (serving over 10,000 people each), which provide water to over 4.5 million people, have inadequately protected their watersheds and have not installed filtration, in violation of EPA's Surface Water Treatment Rule, according to EPA data. This does not include cities with watershed protection programs tentatively approved by EPA as adequate to avoid filtration, such as the Delaware-Catskill watershed of New York (see article on page 24). Approximately 140 large surface-water-supplied utilities (approximately 10 percent) also are not using coagulation and flocculation--basic steps in the pretreatment process needed to remove particles prior to filtration of all but the most pure source waters. Moreover, as of 1989, nearly 50 large ground-water systems provided no water treatment whatsoever--not even basic disinfection. Many experts argue that ground water adequately protected from surface contamination does not need extensive treatment because passage of the water through the aquifer is enough to remove many particles and contaminants. However, many of the ground-water systems are under the influence of surface water and are subject to contamination from surface sources. *Aged, crumbling distribution systems are neglected and are often the cause of waterborne disease outbreaks. The final step in the provision of safe drinking water is water distribution: the network of pipes that carries the water from the treatment plant to the customer. The distribution system is fraught with concerns. Millions of pipes are made with lead, and as a result, millions of Americans are exposed to unsafe levels of lead in their drinking water (see boxed item on page 19). In addition, there are less obvious concerns. In many cases, the pipes that bring us our water are 100 or more years old and are cracking or crumbling. These aged pipes often harbor microbial growth and are subject to catastrophic breakage. Broken or "cross connected" pipes that allow contaminated water to seep into the water system have often been linked by the Centers for Disease Control and Prevention to waterborne disease outbreaks, yet the average water pipe will be over a century old before it is replaced. These findings underscore the need to strengthen both the Safe Drinking Water Act, which sets standards for the quality of water coming from your tap, and the Clean Water Act, which sets standards for discharges and runoff into surface waters, in order to protect our drinking water supplies. In NRDC's view, necessary legislative changes should include strengthened provisions for watershed and ground-water protection, tougher drinking-water standards for contaminants, increased funding to help systems pay for improvements, and beefed-up enforcement authority for EPA and citizens to ensure that standards are met. [END BOX]