Environmental Regulations Through the Years… How Did We Get Here?
As part of a network of response organizations, our SCAA members are fully engaged in the business of responding to, cleaning up, and mitigating pollution. Many changes have taken place over the years on how the U.S. responds to spills and new information and research will continue to help this industry evolve. In this monthly segment, we will take a historical look at how our response capabilities have evolved from the early 1900s to the present while highlighting and summarizing some of the most influential events and regulations that have taken place!
The Federal Pollution Water Control Act of 1948
Often referred to as the Clean Water Act (CWA), the Federal Pollution Water Control Act of 1948 was enacted on October 18, 1948, during President Truman’s term by the U.S. Surgeon General of Public Health Services. The goals of the Act focused on eliminating the release of toxic waste in water, removing any excess water pollution that had already occurred, and ensuring that surface waters would meet the safety and health standards necessary for individuals to continue to participate in recreational water activities. In Congress’ own words, the purpose of this Act was, "to provide a comprehensive program for preventing, abating, and controlling water pollution.”
Before this act was passed in 1948, rapid growth in industrial and urban sectors led to increased pollution across the country, most of which was fueled by the intense production during World War II. There were various minor laws that attempted to deal with water pollution, but the most notable is the Refuse Act (33 U.S.C. § 407), which was included as a companion component of the Rivers and Harbors Appropriations Act of 1899. While the Refuse Act was more directed towards keeping waterways free of dumped materials that could impede navigation, many chose to continue using waterways as a convenient dumping ground for the next 50 years.
Why is This Important?
The CWA was the first major law that the U.S. Congress passed to address problems of water pollution across the country. Before 1948, many attempts had been made without success to pass legislation to protect against water pollution and over 100 bills were presented before the CWA was finally enacted. Unfortunately, while this was a first step in the right direction, the Act didn’t prohibit pollution outright and provided only limited authority to the federal government, which is why Congress rewrote the entire act in 1972. These 1972 amendments:
- Established the basic structure for regulating pollutant discharges into the waters of the United States.
- Gave the U.S. EPA the authority to implement pollution control programs such as setting wastewater standards for industries.
- Maintained existing requirements to set water quality standards for all contaminants in surface waters.
- Made it unlawful for any person to discharge any pollutant from a point source into navigable waters unless a permit was obtained under its provisions.
- Funded the construction of sewage treatment plants under the construction grants program.
- Recognized the need for planning to address the critical problems posed by nonpoint source pollution.
The U.S. Air Pollution Control Act of 1955
Passed to provide funding for federal air pollution research, the U.S. Air Pollution Control Act of 1955 was the first federal legislation involving air pollution under the direction of the U.S. Public Health Service. It wasn’t until the Clean Air Act of 1963 that federal legislation actually established a program to control air pollution. Before 1955, this subject had long been regarded as a state or local issue and the federal government was hesitant to interfere. However, the federal government decided it needed to be involved and this act was signed into legislation by President Dwight D. Eisenhower on July 14, 1955.
The Act authorized the spending of $3 million per year, over a five year period, to research the effects of air pollution and provide information, training, and assistance to state and local air-quality districts. None of these funds were actually appropriated for the control of this issue as research needed to be gathered to determine the extent of America’s air pollution issues.
Following its passing in 1955, the Act has evolved and grown into the Clean Air Act (CAA) we currently have today. In 1967, the Air Quality Act was enacted in order to expand federal government activities including enforcement actions in areas subject to interstate air pollution transport. For the first time, the federal government was authorized to conduct extensive ambient monitoring studies and stationary source inspections. The Clean Air Act of 1970 shifted the government’s role in air pollution control from gathering data to establishing Air Quality standards for air pollution and emissions. The CAA was signed into law by President M. Nixon on December 31, 1970. (NOTE: President Nixon established the U.S. Environmental Protection Agency (EPA) on December 2 of that same year.) The CAA was amended in 1977 and again in 1990, which is the current version of the Act.
Why is This Important?
Our industry is ever changing and adapting more and more each day, and with concerns about our oceans and atmosphere, it will only continue to do so. These first initiatives to outline the responsibilities and requirements of citizens, organizations, and the federal government helped foster a momentum of change in our country to care about our environment. In the coming years, water pollution and air pollution will continue to be important topics of conversation and to know where you’re going, you need to know where you’ve been. Because of these two acts, we have the air monitoring and water treatment systems of our world today!
Have Anything to Add?
If you have any personal experience, perspectives, or involvement with these events we would love to hear from you and feature your anecdotes in next month’s segment. Let’s get a discussion going!
Sources:
https://en.wikipedia.org/wiki/Air_Pollution_Control_Act_of_1955
https://www.encyclopedia.com/environment/educational-magazines/air-pollution-control-act
https://www.govinfo.gov/content/pkg/STATUTE-69/pdf/STATUTE-69-Pg322.pdf
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