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The New York Times study on Clean Water Act enforcement (2009)
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In September 2009, The New York Times published a study on the Clean Water Act and its enforcement by the U.S. Environmental Protection Agency (EPA) and state governments. The study focused on how the law was enforced in each state between the years 2004 and 2007. The Times looked at federal violations in each state and concluded that the law had been violated approximately 506,000 times since 2004 by roughly 23,000 companies and other facilities, including gas stations, dry cleaners, shopping malls, chemical factories, power plants, and sewage treatment facilities.[1][2]
Methodology
The New York Times asked state governments to verify water quality data from the U.S. Environmental Protection Agency (EPA). If state officials disputed the EPA data, the Times requested alternative figures, which were then substituted for the EPA’s data. Additionally, the Times interviewed over 250 federal and state regulators, water system managers, environmentalist advocates, and scientists.[1]
In 2009, New Mexico, New Hampshire, Massachusetts, Idaho, and Washington, D.C., did not have delegated authority from the federal government to enforce the Clean Water Act; thus, figures for those states came from the EPA.[1]
Of the 50 states, Georgia, Kentucky, Pennsylvania, Tennessee, and Mississippi disputed the EPA's data but did not provide alternative data.[1]
Clean Water Act figures by state
The New York Times reported the number of facilities regulated under the Clean Water Act, the number of facilities with violations, and the annual average number of enforcement actions taken against these facilities in the 50 states.
In total, there were approximately 42,214 regulated facilities in the United States. Of those facilities, 17,624 (37.3 percent) violated the Clean Water Act. California, Florida, and Ohio responded that violation rates were high due to frequent testing of many water quality parameters. Arkansas, Illinois, and Rhode Island responded that many violations were due to incomplete paperwork or overdue reports, not pollution.
Approximately 0.4 percent of regulated facilities in Wyoming violated the Clean Water Act, the lowest rate in the nation. By contrast, 80.4 percent of regulated facilities in Hawaii violated the act, the highest rate in the nation. The table below summarizes the number of facilities regulated under the Clean Water Act, the number of facilities with violations, and the average annual number of enforcement actions taken against these facilities between 2004 and 2007.[1]
| The New York Times Clean Water Act study, published in September 2009 | ||||
|---|---|---|---|---|
| State | Number of facilities regulated | Facility violations | Percentage of facilities in violation | Annual average enforcement actions (2004-2007) |
| Alabama | 1,588.30 | 663.30 | 41.8% | 67.10 |
| Alaska | 139.00 | 33.50 | 24.1% | 6.90 |
| Arizona | 158.00 | 61.10 | 38.7% | 1.20 |
| Arkansas | 795.00 | 518.40 | 65.2% | 13.80 |
| California | 2,161.00 | 579.50 | 26.8% | 142.50 |
| Colorado | 351.80 | 232.70 | 66.1% | 6.50 |
| Connecticut | 180.30 | 72.80 | 40.4% | 2.70 |
| Delaware | 56.50 | 13.40 | 23.7% | 1.10 |
| Florida | 477.50 | 133.80 | 28.0% | 57.10 |
| Georgia | 1,008.50 | 67.80 | 6.7% | 32.70 |
| Hawaii | 75.50 | 60.70 | 80.4% | 0.20 |
| Idaho | 214.50 | 126.30 | 58.9% | 4.20 |
| Illinois | 1,814.50 | 1,140.50 | 62.9% | 83.00 |
| Indiana | 1,438.30 | 899.30 | 62.5% | 35.90 |
| Iowa | 1,566.80 | 590.90 | 37.7% | 15.10 |
| Kansas | 1,111.00 | 118.20 | 10.6% | 13.80 |
| Kentucky | 1,801.50 | 320.00 | 17.8% | 38.20 |
| Louisiana | 1,580.50 | 368.90 | 23.3% | 93.40 |
| Maine | 343.80 | 160.80 | 46.8% | 5.70 |
| Maryland | 612.50 | 154.80 | 25.3% | 55.80 |
| Massachusetts | 284.50 | 166.30 | 58.5% | 9.40 |
| Michigan | 604.80 | 362.00 | 59.9% | 40.70 |
| Minnesota | 801.30 | 313.10 | 39.1% | 38.80 |
| Mississippi | 1,529.80 | 824.10 | 53.9% | 15.80 |
| Missouri | 3,058.80 | 779.30 | 25.5% | 6.30 |
| Montana | 195.30 | 127.70 | 65.4% | 1.30 |
| Nebraska | 674.00 | 264.40 | 39.2% | 63.20 |
| Nevada | 91.30 | 5.20 | 5.7% | 5.20 |
| New Hampshire | 101.30 | 54.80 | 54.1% | 5.00 |
| New Jersey | 769.00 | 121.30 | 15.8% | 64.90 |
| New Mexico | 126.00 | 72.20 | 57.3% | 9.80 |
| New York | 1,674.80 | 855.70 | 51.1% | 55.10 |
| North Carolina | 1,329.80 | 667.60 | 50.2% | 573.00 |
| North Dakota | 126.50 | 25.90 | 20.5% | 0.00 |
| Ohio | 3,114.80 | 1,939.70 | 62.3% | 19.20 |
| Oklahoma | 483.30 | 346.30 | 71.7% | 160.70 |
| Oregon | 374.50 | 26.50 | 7.1% | 17.30 |
| Pennsylvania | 4,355.00 | 392.20 | 9.0% | 20.30 |
| Rhode Island | 95.50 | 27.90 | 29.2% | 6.90 |
| South Carolina | 531.80 | 327.40 | 61.6% | 48.90 |
| South Dakota | 378.00 | 146.40 | 38.7% | 2.70 |
| Tennessee | 1,274.80 | 489.80 | 38.4% | 8.60 |
| Texas | 2,839.00 | 1,982.60 | 69.8% | 151.60 |
| Utah | 119.80 | 53.50 | 44.7% | 3.30 |
| Vermont | 170.80 | 76.40 | 44.7% | 3.20 |
| Virginia | 1,120.00 | 147.80 | 13.2% | 37.00 |
| Washington | 435.30 | 195.40 | 44.9% | 16.80 |
| West Virginia | 799.30 | 258.00 | 32.3% | 71.30 |
| Wisconsin | 653.50 | 251.90 | 38.5% | 83.30 |
| Wyoming | 1,627.50 | 6.30 | 0.4% | 27.00 |
| United States total* | 47,214.90 | 17,624.40 | 37.3% | 2,243.50 |
| *50-state total Source: The New York Times, "Clean Water Act Violations: The Enforcement Record," September 13, 2009 | ||||
See also
Environmental policy in the 50 states
Click on a state below to read more about environmental policy in that state.
External links
Footnotes
