WATER QUALITY SIMULATION AND PUBLIC LAW 92–500 Case Study: Southwestern Illinois1

ABSTRACT: Section 208 of the Federal Water Pollution Control Act Amendments of 1972 has provided the Southwestern Illinois Metropolitan and Regional Planning Commission (SIMAPC) with a unique opportunity for comprehensive planning of the region's water quality. SIMAPC initiated the 208 study by researching available technology for the analysis of point and nonpoint sources of pollution and establishing criteria by which to judge the various technniques. This led to SIMAPC'S choice of continuous simulation of stream and reservoir water quality as the most appropriate analytical tool for their needs. A continuous simulation model was calibrated and verified on three basins in the SIMPAC region. It was then used to produce load source analysis, pollution event frequency analysis, and pollution event duration analysis for ten pollutants under existing stream conditions and then under alternative future conditions. These results enabled the weighting of pollutant sources, analysis of the effectiveness of control measures, and quantitative analysis of the marginal benefit of each alternative.     

ENFORCEMENT LIMITATIONS IN WATER QUALITY CONTROL1

The Federal role in the enforcement of water quality requirements is of recent development. It began with the enactment in 1956 of the Federal Water Pollution Control Act as permanent law. It has been expanded by successive amendments to the Act to cover the pollution of navigable as well as interstate waters which endangers the health or welfare of persons, and to cover violations of water quality standards established for interstate waters. Two different enforcement procedures are prescribed in the law to be followed in the two types of enforcement actions. While questions have arisen of jurisdiction, States' rights, and disregard or duplication of local efforts, such questions do not lastingly impede the exercise of Federal enforcement authority and are of value in establishing a body of precedents. Limitations have their basis in the statutory distinctions between interstate and intrastate pollution which govern the application of the enforcement authority, even though a case of intrastate pollution may be as serious or more serious than a case of interstate pollution. An additional limitation results from the statutory time intervals between procedural stages in an action. Lack of data is a limitation but can always be overcome and at most causes delay. State laws which protect the confidentiality of required reports are more of a limitation. Investigative teams may obtain the needed information, however, for consideration in public meetings. Public support for effective water quality control measures, especially enforcement, and for the expenditures needed to enhance the environment, is widespread. Such support may be instrumental in modifying or eliminating existing statutory limitations.     

An overview of President Carter's Water Policy (1978)

On June 6, 1978, President Carter presented his Federal Water Policy Initiatives to the Congress. These were based on a year-long and sometimes controversial study by the Water Resources Council, the Office of Management and Budget, and the Council on Environmental Quality. Reforms were proposed relative to cost sharing, planning procedures, project evaluation, and environmental protection. Omitted from the policy were recommendations on water pollution control, planning coordination, and water resources research.The views expressed are the author's, and not necessarily those of the Library of Congress.     

IMPLEMENTATION STRATEGIES FOR AGRICULTURAL AND SILVICULTURAL NONPOINT SOURCE POLLUTION CONTROL IN CALIFORNIA AND WISCONSIN1

ABSTRACT: In the absence of detailed outlines such as those characteristic of the National Pollution Discharge Elimination System permit program, Nonpoint source pollution control is being initiated in a variety of ways in different states. In California, Regional Water Quality Control Boards play a strong enforcement role in point source control, but agricultural Nonpoint source needs are still being evaluated. Tentative approval of State Board of Forestry Forest Practice Rules by the State Water Resources Control Board has the potential of bringing Nonpoint control to all State and private forestry operations in the state. Wisconsin had developed an agricultural Nonpoint control program which emphasizes a state-wide policy of selecting priority watersheds under the administration of the state Department of Natural Resources, and developing implementation programs under the guidance of local county Land Conservation Committees. The Priority Watershed program institutes BMP's with cost-share funds authorized by the legislature. Wisconsin had not seen a problem in silvicultural activities, and has developed no statewide control program in that area. Common to effective land use control in both states is a state-level policy implemented by agencies within the state. This pattern may be the model for successful programs as development of areawide management strategies continue.     

ECONOMIC INCENTIVES FOR AGRICULTURAL NONPOINT SOURCE POLLUTION CONTROL1

ABSTRACT. The limited success of command-and-control policies for reducing nonpoint source (NPS) water pollution mandated under the Federal Water Pollution Control Act (FWPCA) has prompted increased interest in economic incentive policies as an alternative control mechanism. A variety of measures have been proposed ranging from fairly minor modifications of existing policies to substantial revisions including watershed-wide polices that rely on economic incentives. While greater use of economic incentive policies, such as environmental bonds and point/nonpoint source trading is being advocated in the reauthorization of the CWA, the expected effects of individual proposals will be modest. The characteristics of NPS pollution, namely uncertainty and asymmetrical information, underscores that there is no single, ideal policy instrument for controlling the many types of agricultural NPS water pollution. Some of the usual incentive-based policies, such as effluent taxes, are not well suited to the task. Individual incentive policies proposed for the reauthorized CWA, such as pollution trading or deposit/refund systems, are not broadly applicable for heterogeneous pollution situations. Economic incentive policies may be appropriate in some cases, and command-and-control policies will be preferable in others and may in fact complement incentive policies.     

GOAL-ORIENTED AGRICULTURAL WATER QUALITY LEGISLATION1

ABSTRACT: While significant nonpoint source (NIPS) pollution control progress has been made since passage of Section 319 in the 1987 Water Quality Act, existing federal legislation does not provide for the most timely and cost-effective NIPS pollution reduction. In this paper, we use findings from the Rural Clean Water Program and other nationwide agricultural NIPS pollution control programs, building on legislative history to recommend a coordinated and efficient direction for agricultural water quality legislation. A collaborative framework should be established to accomplish the goals of the Clean Water Act (CWA), Coastal Zone Management Act (CZMA), and the Conservation Title of the Farm Bill. Valuable elements of the 1990 CZMA amendments that created a coastal NIPS program should be subsumed into the CWA. The CWA should reemphasize use of receiving water quality criteria and standards and should allow states flexibility to tailor basin-scale NPS program implementation to local needs. Implementation should involve targeting of NIPS pollution control efforts to critical land treatment areas and use of systems of best management practices to address these targeted water quality problems. The 1995 Farm Bill should reorient production incentives toward water quality to support the collaborative framework, implementing ecologically sound source reduction principles. The Farm Bill and the CWA should contain interrelated provisions for voluntary, incentive-assisted producer participation and fallback regulatory measures. Such coordinated national water quality and Farm Bill legislation that recognizes the need for flexibility in state implementation is supported as the most rational and cost-effective means of attaining water quality goals.     

HISTORY OF THE FEDERAL-STATE COOPERATIVE WATER RESOURCES RESEARCH INSTITUTE PROGRAM1

ABSTRACT: This paper presents a condensed history of the State Water Resources Research Institute Program, which evolved from the Water Resources Research Act of 1964, as amended, the Water Research and Development Act of 1978, Public Law (P.L.) 96–457, and the Water Research and Development Act of 1984. These laws authorized the following components of the Institute Program: (1) the annual allotment and matching grants program for the Institutes, and (2) the additional and saline water research programs for organizations in addition to the State Water Resources Research Institutes. The paper covers the legislative history of the Institute Program and reviews authorized and appropriated funds for the program from fiscal year 1965 to fiscal year 1986. It also discusses the Institutes’role in conducting and sponsoring water-resources research and development, training of scientists and engineers, and coordinating, disseminating, and transferring water-research results. The State Water Resources Research Program has been administered by the Office of Water Resources Research (OWRR) (1964–1974), the Office of Water Research and Technology (OWRT) (1974–1982), the Office of Water Policy (OWP) (1982–1983), and the U.S. Geological Survey (USGS) (1983-present).     

THE MILWAUKEE POLLUTION CASE - IMPLICATIONS FOR WATER RESOURCES PLANNING1

ABSTRACT: The Illinois v. Milwaukee Federal District Court decision is the most far reaching application yet of the federal common law of nuisance to interstate water pollution conflicts. Although a Federal Appelate Court recently rescinded part of the district court decision, Milwaukee must still upgrade its metropolitan sewage system to a level beyond that required by federal and state regulations. The improvements must be completed with or without federal aid. The case points out the apparent inability of the Clean Water Act, the most comprehensive federal legislation affecting the nation's water quality, to deal with certain interstate water quality conflicts. The Milwaukee decision could set a precedent for similar settlements elsewhere which may in turn affect the U.S. Environmental Protection Agency's water quality clean up program. A more integrated, ecosystem conscious approach to management of shared water resources (e.g., the Great Lakes) would help reduce the need for court decisions like Illinois v. Milwaukee.     

Twenty-Five Years of Ecological Recovery of East Fork Poplar Creek: Review of Environmental Problems and Remedial Actions

In May 1985, a National Pollutant Discharge Elimination System permit was issued for the Department of Energy’s Y-12 National Security Complex (Y-12 Complex) in Oak Ridge, Tennessee, USA, allowing discharge of effluents to East Fork Poplar Creek (EFPC). The effluents ranged from large volumes of chlorinated once-through cooling water and cooling tower blow-down to smaller discharges of treated and untreated process wastewaters, which contained a mixture of heavy metals, organics, and nutrients, especially nitrates. As a condition of the permit, a Biological Monitoring and Abatement Program (BMAP) was developed to meet two major objectives: demonstrate that the established effluent limitations were protecting the classified uses of EFPC, and document the ecological effects resulting from implementing a Water Pollution Control Program at the Y-12 Complex. The second objective is the primary focus of the other papers in this special series. This paper provides a history of pollution and the remedial actions that were implemented; describes the geographic setting of the study area; and characterizes the physicochemical attributes of the sampling sites, including changes in stream flow and temperature that occurred during implementation of the BMAP. Most of the actions taken under the Water Pollution Control Program were completed between 1986 and 1998, with as many as four years elapsing between some of the most significant actions. The Water Pollution Control Program included constructing nine new wastewater treatment facilities and implementation of several other pollution-reducing measures, such as a best management practices plan; area-source pollution control management; and various spill-prevention projects. Many of the major actions had readily discernable effects on the chemical and physical conditions of EFPC. As controls on effluents entering the stream were implemented, pollutant concentrations generally declined and, at least initially, the volume of water discharged from the Y-12 Complex declined. This reduction in discharge was of ecological concern and led to implementation of a flow management program for EFPC. Implementing flow management, in turn, led to substantial changes in chemical and physical conditions of the stream: stream discharge nearly doubled and stream temperatures decreased, becoming more similar to those in reference streams. While water quality clearly improved, meeting water quality standards alone does not guarantee protection of a waterbody’s biological integrity. Results from studies on the ecological changes stemming from pollution-reduction actions, such as those presented in this series, also are needed to understand how best to restore or protect biological integrity and enhance ecological recovery in stream ecosystems. With a better knowledge of the ecological consequences of their decisions, environmental managers can better evaluate alternative actions and more accurately predict their effects.     

关于《水污染防治法》修订中加强经济政策手段的思考

"十二五"以来,我国对水污染防治运用经济政策手段进行了积极探索。党和国家出台的政策文件、新修订的《中华人民共和国环境保护法》以及《水污染防治行动计划》等都对水污染防治经济政策手段的制定和实施提出了新的要求。因此,亟需在未来《水污染防治法》的修订过程中加强对相关经济政策手段的规定,给予相关手段明确的法律地位,充分发挥经济政策在水污染防治中的重要作用。为此,本文建议着眼于"十三五"及未来更长一段时期水环境质量改善以及水污染防治形势和突出问题,以推动构建和实施系统、协调和高效的水污染防治经济政策体系为目标,结合党和国家相关文件、法律、行动计划的最新要求,借鉴国际上通过立法保障水污染防治经济政策手段制定和实施的经验,重点从投融资政策、税费和价格政策、排污交易政策等三个方面对现行《水污染防治法》进行修订、补充和完善。具体建议包括:一是完善关于财政投入和融资渠道的相关规定,要求加大水污染防治财政投入和补贴力度、鼓励水污染防治第三方治理方式和PPP模式以及建立流域上下游(跨界)生态补偿机制等;二是完善对于环境税(费)和其他价格机制的相关规定,增加关于环境保护税的说明等;三是增加逐步推行重点水污染物排污权交易的条款等。     

CREATING MEANINGFUL STAKEHOLDER INVOLVEMENT IN WATERSHED PLANNING IN PIERCE COUNTY,WASHINGTON1

ABSTRACT: Since 1989, the government of Pierce County, Washington, has prepared four watershed action plans. The watersheds cover almost 800,000 acres and include about 600,000 residents and diverse land uses, from the city of Tacoma to Mount Rainier National Park. The primary purpose of these plans was to address water quality impacts from nonpoint sources of pollution and to protect beneficial uses of water. Pierce County has experienced problems such as shellfish bed closures and the Federal Clean Water Act Section 303(d) listing of local water bodies as a result of declining water quality. Pierce County achieved improvements by engaging diverse groups of stakeholders in generating solutions to nonpoint sources of water pollution through our watershed planning process. Using participatory methods borrowed from private industry, Pierce County was able to reach consensus, build trust, maximize participation, facilitate learning, encourage creativity, develop partnerships, shorten time frames for the planning processes, and increase the level of commitment participants had to implementing the plans. As a result, the earliest plans have a high rate of voluntary implementation. This indicates that the process and methodology used to develop watershed plans has a significant, if not critical, impact on their success.     

COOPERATION IN WATER RESOURCES PROGRAMS: ALASKA'S EXAMPLE1

ABSTRACT: Alaska possesses a diversity and magnitude of water resources unmatched in any other state. With over 15% of the area of the whole United States, and 40% of the nation's total fresh water supply, but an extreme lack of basic hydrologic and climatologic data, cooperation among agencies and individuals concerned with evaluating, planning, and carrying out water resources programs is essential. Toward this end, the Inter-Agency Technical Committee for Alaska (IATCA) was established under charter from the Water Resources Council. Representation in IATCA includes virtually all Federal, State, and academic entities in Alaska having an interest in the water resources of the State. Existence of IATCA has permitted or facilitated numerous Alaskan water resources programs. Several are described briefly in this paper: A flood warning network in the Chena River basin; establishment of the Caribou-Poker Creeks Research Watershed in Central Alaska; preparation and periodic updating of the “Ten-Year Plan for Water Resources Data Acquisition”; current planning for an integrated “real-time reporting network” for hydrometeorological data within the State; and a framework for implementation of the Alaskan phase of the National Water Resources Assessment, currently in the initial phases. Accomplishments to date testify that it is indeed possible to “get it all together” in the broad field of “Water Resources” in the largest of our 50 states.     

AN ANALYSIS OF WATER RESOURCES CONSTRAINTS ON POWER PLANT SITING IN THE MID-ATLANTIC STATES1

ABSTRACT: Expansion of the electrical generation system in the Pennsylvania-Jersey-Maryland power pool will impact, and be constrained by, inland water availability. Future interpretations of the Federal Water Pollution Control Act Amendments of 1972 regarding evaporative cooling towers for coastal power plants, offshore siting and energy centers, and the policies and public acceptability of low flow augmentation reservoirs are some of the issues examined in this paper using scenarios generated by the Brookhaven National Laboratory Regional Energy Facility Siting Model (REFS). REFS is a multicommodity, transshipment-location linear programming model used here to allocate power plants among counties in a power pool under a minimization of cost objectives. The solutions are sensitive to the water resources assumptions in the model. For the year 2000, the amount of low flow augmentation allowed in the region's river basins and whether off-shore siting becomes a reality are the two water resources related issues which most affect the scenarios. The results show that decisions regarding specific water problems can have region wide implications for water and nonwater related issues.     

Section 404 Permitting in Coastal Texas: A Longitudinal Analysis of the Relationship Between Peak Streamflow and Wetland Alteration

As early as the passage of the 1972 Federal Water Pollution Control Act the U.S. government has sought to protect the nation’s water resources through regulatory tools. While there has been a large amount of research on wetlands and wetland mitigation, very little is known about the impact of Section 404 permitting on water quantity. This research examines the impact of Section 404 permit types on peak annual streamflow in Coastal Texas from 1996 to 2003. Results of cross-sectional time-series regression analyses indicate that all four permit types have positive and significant effects on peak streamflow. These effects also vary by permit type, with Individual permits having the highest per-permit impact on peak annual flow.     

MEASURING THE SITE-SPECIFIC RECREATION BENEFITS RESULTING FROM IMPROVED WATER QUALITY: AN UPPER BOUND APPROACH1

The estimation of the value of recreation benefits resulting from improved water quality is required for many purposes. In particular, the Water Pollution Control Act of 1980 requires the consideration of the reasonableness of costs of reducing water pollution in relation to benefits to be derived from establishing effluent standards (Clean Water Act of 1977). Recreation is often the most important benefit resulting from water quality improvement. Current methods used to calculate recreation benefits are either not site-specific or are expensive and controversial. This paper presents a relatively simple, inexpensive, and less controversial method of calculating site-specific recreation benefits resulting from improved water quality. It does this by producing an upper bound estimate which often is adequate for the relevant decision. The upper bound estimates is based on two assumptions: 1) there are alternative equivalent substitute sites for the newly augmented water quality site, and 2) the new augmented recreation opportunities at the site will be used to their maximum supply capacity. Clearly, if an upper bound benefit estimate in a cost-benefit ratio does not produce a favorable ratio, no other benefit estimate will. In cases where this estimate produces an ambiguous result resort must be had to other more precise methods of estimation.     

REAUTHORIZING THE CLEAN WATER ACT: LOOKING TO TANGIBLE VALUES1

ABSTRACT: The degree of progress achieved under the 1972 Clean Water Act is reviewed by reference to traditional measures of program implementation, and to evidence of tangible, or “real-world” progress, such as beach closures, drinking water contamination, fishing bans and advisories, species health, and habitat degradation. Significant progress has been made in reducing pollution from point sources, but large point source releases of toxic and other pollutants remain. Little progress has been made in addressing runoff pollution, and in protecting aquatic habitats. Clean Water Act reauthorization should focus on pollution prevention to reduce further the release of toxics by point sources, a new program of mandatory but flexible controls on sources of runoff, and watershed protection programs to promote habitat protection and restoration. Economic factors should be considered in Clean Water Act programs, but must be balanced against scientific and governmental factors as well.     

Conservation‐Induced Wastewater Flow Reductions Improve Nitrogen Removal: Evidence from New York City1

Abstract: Water resources are under increasing pressure to meet potable supply needs while sustaining aquatic ecosystems and fisheries. Growing populations and enforcement of the Total Maximum Daily Load provisions of the Clean Water Act present public water and wastewater utilities with costly options to meet potable water demands and reduce pollutant discharges into receiving waters. This paper documents that New York City’s comprehensive water conservation program – designed to extend the city’s safe yield of potable water—has also resulted in reduced nitrogen discharges from the city’s water pollution control plants during a period of population increases. This paper demonstrates and quantifies the effects that wastewater inflow volume reductions have on increased nitrogen removal, controlling for plant process changes. Conservation programs have saved the city billions of dollars in delayed or avoided capital improvements to both water and wastewater treatment plants, and have enabled the city to meet interim effluent discharge standards.     

A STUDY OF COASTAL POLLUTION AND AGENCY INTERFACE1

ABSTRACT: The 26-mile man-made beach bordering part of Mississippi's Gulf Coast and the contiguous Mississippi Sound waters provide an important recreational and tourist attraction for that area. Being the tourist nucleus for the State, announcements in September 1973 by the Mississippi Air and Water Pollution Control Commission and the State Board of Health that Sound waters had reached a level of pollution that made them potentially dangerous for body contact was met with a myriad of responses. The resulting multi-governmental, multi-agency interface that resulted in trying to deal with the situation highlighted the type of problems that can arise when social, economic, political, and legal forces come to bear on a sensitive area. Questions of jurisdictional and legal authority to act, tourist industry economic pressures, and water quality testing and monitoring procedures were representative of the type of problems that arose during this period. A retrospective analysis of this problem served to isolate the type of articulation that is essential between federal, state, and local agencies vested with responsibilities such as monitoring water quality, protecting public health, etc. This paper develops some of the interface complexities that emerged in dealing with this problem and makes selected recommendations for other areas that may potentially face similar situations.     

Cumulative silvicultural impacts on watersheds: A hydrologic and regulatory dilemma

Because of the nature of watersheds, the hydrologic and erosional impacts of logging and related road-building activities may move offsite, affecting areas downslope and downstream from the operation. The degree to which this occurs depends on the interaction of many variables, including soils, bedrock geology, vegetation, the timing and size of storm events, logging technology, and operator performance. In parts of northwestern California, these variables combine to produce significant water quality degradation, with resulting damage to anadromous fish habitat.Examination of recent aerial photographs, combined with a review of public records, shows that many timber harvest operations were concentrated in a single 83 km² watershed in the lower Klamath River Basin within the past decade. The resulting soil disturbance in this case seems likely to result in cumulative off-site water quality degradation in the lower portion of the Basin.In California, both state and federal laws require consideration of possible cumulative effects of multiple timber harvest operations. In spite of recent reforms that have given the state a larger role in regulating forest practices on private land, each timber harvest plan is still evaluated in isolation from other plans in the same watershed. A process of collaborative state-private watershed planning with increased input of geologic information offers the best long-term approach to the problem of assessing cumulative effects of multiple timber harvest operations. Such a reform could ultimately emerge from the ongoing water quality planning process under Section 208 of the amended Federal Water Pollution Control Act.