[Smelly Lake] Emilio, Who Lives on a Navigable Lake, Is

[Smelly Lake] Emilio, who lives on a navigable lake, is unhappy because he believes that a local company is dumping pollutants into the lake, resulting in harm to his property and causing horrible odors. No one swims in the lake anymore. He calls a company official, Sean, who tells him to mind his own business. Sean tells him that the state has no authority, that federal investigators do not have time for Emilio's small smelly lake, that swimming is not a concern of the government, and that any federal penalties are negligible. Emilio tells Sean that he is pushing for big penalties and that Sean is likely to end up in jail. Sean just laughs.
-Regarding Sean's statement that swimming is not a concern of the government, which of the following is accurate?

A) Sean is correct.
B) Sean is partially correct. Swimming may be a concern of the states, but such swimming is not a concern of the federal government because it does not directly affect harm through, for example, drinking contaminated water.
C) Sean is incorrect only if it can be established that swimmers were incurring physical symptoms such as rashes.
D) Sean is incorrect only if it can be established that the area was designated as an official tourist destination.
E) Sean is incorrect.