The Federal Water Pollution Control Act, more commonly known as the Clean Water Act, was first promulgated in 1972 and amended several times since (e.g. 1977, 1987 and 1990). This law is designed to restore and maintain the chemical, physical and biological integrity of the nation’s waters, including the waters of the national park system. To achieve this, the act called for a major grant program to assist in the construction of municipal sewage treatment facilities, and a program of effluent limitations designed to limit the amount of pollutants that could be discharged. Effluent limitations are the basis for permits issued for all point source discharges, known as the National Pollutant Discharge Elimination System (NPDES).

As part of the act, Congress recognized the primary role of the states in managing and regulating the nation’s water quality. Section 313 requires that all federal agencies comply with the requirements of state law for water quality management, regardless of other jurisdictional status or landownership. States implement the protection of water quality under the authority granted by the Clean Water Act through best management practices and through water quality standards. Standards are based on the designated uses of a water body or segment of water, the water quality criteria necessary to protect that use or uses, and an anti-degradation provision to protect the existing water quality.

A state’s anti-degradation policy is a three-tiered approach to maintaining and protecting various levels of water quality. Minimally, the existing uses of a water segment and the quality level necessary to protect the uses must be maintained. The second level provides protection of existing water quality in segments where quality exceeds the fishable/swimmable goals of the Clean Water Act. The third level provides protection of the state’s highest quality waters where ordinary use classifications may not suffice; these are classified as Outstanding National Resources Waters (ONRW). ONRW status, in most cases, is a desirable designation to acquire for National Park Service units with significant water resources management responsibilities. For waters designated as ONRW, water quality must be maintained and protected and only short-term changes may be permitted. ONRW designations for waters outside the park boundaries, which parks can apply for, can also ensure the protection of water that flows into a park unit. Section 303 of the act requires the promulgation of water quality standards by the states. Additionally, each state is required to review its water quality standards at least once every three years. This section also requires the listing of those waters where effluent limitations are not stringent enough to implement any water quality standard [so called 303(d) list]. Each state must establish, for each of the waters listed, total maximum daily loads for applicable pollutants. Section 305(b) requires that each State prepare and submit to the US Environmental Protection Agency a biennial report describing water quality conditions of lakes and streams. The report also lists any pollution problems occurring on certain steam reaches. Streams are then classified as supporting, not supporting, or only partially supporting their designated uses (for fishing, recreation, drinking, etc). Section 319 requires states to develop controls over non-point source pollution, such as erosion. Although some sources of pollution, particularly industrial and municipal dischargers, fall under the National Pollutant Discharge Elimination System program (defined under Section 402 of the act). Section 401 requires that any applicant for a federal license or permit to conduct an activity which will result in a discharge into waters of the U.S., shall provide the federal agency, from which a permit is sought, a certificate from the state water pollution control agency stating that any such discharge will comply with applicable water quality standards. Federal permits which require Water Quality Certification from the State of Alaska include 404 permits from the U.S. Army Corps of Engineers for the discharge of dredged or fill material. Section 402 requires that a National Pollutant Discharge Elimination System (NPDES) permit be obtained for the discharge of pollutants from any point source into the waters of the Unites States. Point source, waters of the Unites States and pollutants are all broadly defined under the Act, but generally all discharges and storm water runoff from major industrial and transportation activities, municipalities, and certain construction activities must be permitted by the NPDES program. The EPA usually delegates NPDES permitting authority to the State. The State, through the permitting process, establishes the effluent limitations and monitoring requirements for the types and quantities of pollutants that may be discharged into its waters. Under the anti-degradation policy, the State must ensure that the approval of a NPDES permit will not eliminate or otherwise impair any designated uses of the receiving waters. Section 404 of the Clean Water Act further requires that a permit be issued for discharge of dredged or fill materials in waters of the U.S., including wetlands. The Act includes other impacts to riverine systems, such as piping, filling, relocating, culverting and sand and gravel mining. The U.S. Army Corps of Engineers administers the Section 404 permit program with oversight and veto powers held by the U.S. Environmental Protection Agency. The Corps must notify the NPS of an intent to issue a permit and solicit NPS comments regarding any potential impacts.

The Clean Air Act of 1970 (as amended) regulates airborne emissions of a variety of pollutants from area, stationary, and mobile sources. The 1990 amendments to this act were intended primarily to fill the gaps in the earlier regulations, such as acid rain, ground level ozone, stratospheric ozone depletion and air toxins. The amendments identify a list of 189 hazardous air pollutants. The U.S. Environmental Protection Agency must study these chemicals, identify their sources, determine if emissions standards are warranted, and promulgate appropriate regulations. The Coastal Zone Management Act (1972) and its amendments (1990) enables coastal states to develop a coastal management program that would improve protection of sensitive shoreline resources, identify coastal areas appropriate for development, designate areas hazardous to development and improve public access to the coastline. The act requires that federal agencies conducting activities or undertaking development directly affecting the coastal zone shall ensure that the activities or developments are consistent with approved state management programs to the extent practicable.

Water Quality Improvement Act (1970). The Act requires federal regulated activities to have state certification stating that the activity will not violate water quality standards. The Safe Drinking Water Act and Amendments directs the U.S. Environmental Protection Agency to publish and enforce regulations on maximum allowable contaminant levels in drinking water. The act requires the Environmental Protection Agency to issue regulations establishing national primary drinking water standards. Primary enforcement responsibilities lie with the states. The act also protects underground sources of drinking water with primary enforcement responsibilities again resting with the states. Federal agencies having jurisdiction over public water systems must comply with all requirements to the same extent as any non-governmental entity.

The 1996 amendments to the Safe Drinking Water Act initiated a new era in cost-effective protection of drinking water quality, state flexibility, and citizen involvement. Source water assessment and protection programs, provided under these amendments, offer tools and opportunities to build a prevention barrier to drinking water contamination. Source water protection means preventing contamination and reducing the need for treatment of drinking water supplies. Source water protection also means taking positive steps to manage potential sources of contaminants and contingency planning for the future by determining alternative sources of drinking water. Congress passed the National Environmental Policy Act (NEPA) in 1969. Environmental compliance in the National Park Service encompasses the mandates of NEPA and all other federal environmental laws that require evaluation, documentation and disclosure, and public involvement, including the Endangered Species Act, Clean Water Act, Executive Orders on Floodplains and Wetlands, and others. All natural resource management and scientific activities are subject to environmental analysis under NEPA through the development of environmental assessments and environmental impact statements. Parks are encouraged to participate as cooperating agencies in the environmental compliance process to the fullest extent possible when National Park Service resources may be affected, and as set forth in Council on Environmental Quality (CEQ) regulations. Participation by the National Park Service in the environmental compliance processes of other agencies and jurisdictions is an important management tool. It can provide the National Park Service with information that will allow the Service to respond to possible external threats to a park well before they occur.


Section 10 of the Rivers and Harbors Act (1899), as amended was the first general legislation giving the US Army Corps of Engineers jurisdiction and authority over the protection of navigable waters. Navigable waters of the Unites States are those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Army Corps of Engineers permits are required under Section 10 of the Act for structures and/or work in or affecting navigable waters of the United States. The U.S. Army Corps of Engineers began regulation of wetlands under this act, and then received a much broader grant of jurisdictional authority under the Clean Water Act. Because of the broader geographic reach of “waters of the U.S.” jurisdiction under the Clean Water Act, Rivers and Harbors Act jurisdiction will usually not be of significance to wetlands regulation in current cases. There are, however, several situations in which Rivers and Harbors Act jurisdiction alone will be available: when an exemption from section 404 coverage applies, and when activities, as opposed to waters, are covered by the Rivers and Harbors Act and not the Clean Water Act. For instance, the mooring of a vessel in a bay may require a permit under the Rivers and Harbors Act, but would not under the Clean Water Act.

The Resource Conservation and Recovery Act enacted in 1976, establishes a regulatory structure for handling, storage, treatment, and disposal of solid and hazardous wastes. Many products and materials are regulated under this at, including commercial chemical products; manufactured chemical intermediates; contaminated soil, water, or other debris resulting from the cleanup of a spill into water or on dry land; and containers and inner liners of the containers used to hold waste or residue.The Endangered Species Act of 1973 requires the NPS to identify and promote the conservation of all Federally-listed endangered, threatened, or candidate species within park or preserve boundaries. While not required by legislation, it is the policy of the NPS to identify state locally-listed species of concern and support the preservation and restoration of those species and their habitats. The objective of Executive Order 11988 (E. O. 11988 Floodplain Management) is “… to avoid to the extent possible the long- and short-term adverse impacts associated with the occupancy and modification of floodplains and to avoid direct and indirect support of floodplain development wherever there is a practicable alternative.” For non-repetitive actions, the E.O. states that all proposed facilities must be located outside the limits of the 100-year floodplain. If there were no practicable alternative to construction within the floodplain, adverse impacts would be minimized during the design of the project. National Park Service guidance pertaining to this E.O. can be found in Director’s Order #77-2, Floodplain Management, (currently under draft review). It is National Park Service policy to recognize and manage for the preservation of floodplain values, minimize potentially hazardous conditions associated with flooding, and adhere to all federally mandated laws and regulations related to the management of activities in flood-prone areas. Particularly, it is the policy of the National Park Service to:

Executive Order 11752 requires the National Park Service to exercise leadership in the prevention, control, and abatement of environmental pollution from activities including sewage treatment and disposal, disposal of solid waste, and electrical power generation.