1998 Year of the Ocean Perspectives on Marine Environmental Quality 



While some shellfish beds remain closed today, and some beaches continue to be closed 

 for days at a time, overall water quality in the United States has vastly improved. While much 

 progress has been made, the environmental problems facing ocean and coastal waters present 

 formidable challenges to the scientific and technical communities, who seek to understand 

 natural processes and delineate causes and effects, as well as to policy makers, regulators, and 

 stakeholders, who prioritize actions and allocate limited funds. 



Legislative and Regulatory Framework^' 



In 1972, the Federal Water Pollution Control Act was passed. Subsequently reauthorized 

 and renamed the Clean Water Act (CWA), this Act has set the basic structure for regulating 

 discharges of pollutants into waters of the United States. The goal of the CWA is the "restoration 

 and maintenance of the chemical, physical, and biological integrity of the Nation's waters" (33 

 U.S.C. §125 1(a)). Various sections of the CWA provide for monitoring programs, ecosystem 

 management, non-point source pollution control, best management practices of pollutants, 

 wetlands protection, and water quality controls. Under the CWA, it is illegal to discharge 

 pollutants into U.S. waters without a permit. The U.S. Environmental Protection Agency (EPA) 

 is responsible for establishing water quality standards for specific pollutants and developing 

 discharges guidelines for specific industries. 



The CWA has been successful in reducing pollutant loadings from point sources, but a 

 bigger challenge remains in reducing pollutant loadings from non-point sources. Under the 

 CWA, states are directed to develop management plans for non-point sources of pollution, 

 including the identification of best management practices and programs to implement such 

 practices on a watershed basis to the maximum extent practicable. The Coastal Zone Act 

 Reauthorization Amendments of 1990 (CZARA) and the CWA also established the National 

 Estuary Program (NEP), which is a consensus-based approach designed to identifying key 

 problems in a particular estuary, develop a plan to address those problems, and implement the 

 actions in the plan. There are 28 NEPs nationwide, 17 of which are now implementing approved 

 plans. 



There are many users of the coastal areas of the United States. The Coastal Zone 

 Management Act was enacted to provide for the management of the nation's coastlines by 

 balancing economic development with environmental preservation to "preserve, protect, develop, 

 and where possible, to restore or enhance the resources of the Nation's coastal zone" (16 U.S.C. 

 §1452). This Act also provides for a state-administered regulatory program for non-point sources 

 in coastal areas. The River and Harbor Act of 1899 states that all modifications to navigable 

 waters require a permit. The issuance of these permits are subject to public review and the 

 National Environmental Policy Act. 



29 This section on Legislation/Regulation is only a sample of the most important legislation and regulations related to coastal 

 and marine waters. 



E-18 



