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.     

COST-EFFECTIVE REGULATORY OPTIONS FOR WATER QUALITY LIMITED STREAMS1

With the pressure from industries and municipalities to reduce the waste water treatment costs associated with the permit limits needed to attain the goals of the Clean Water Act, attention has turned ways of introducing flexibility into the regulations without sacrificing the water quality goals. Wisconsin is the first state to have adopted a variety of options from which dischargers may choose when meeting their water quality requirements. These options were developed for the express purpose of minimizing the costs and maximizing the flexibility of the point source water quality regulations while ensuring that permitted discharge would not violate the water quality standards. This paper presents five options that the state has made available to dischargers, as well as one the state did not adopt. The conclusion is that a mix of options can substantially increase the flexibility and reduce the costs of meeting water quality standards on effluent limited streams.     

ENVIRONMENTAL AND ECONOMIC DAMAGE CAUSED BY SEDIMENT FROM AGRICULTURAL NONPOINT SOURCES1

Environmental and economic damages caused by agricultural nonpoint source inputs of sediment and associated pollutants are examined. Widespread water quality problems are identified in lakes, rivers, and estuaries in agricultural areas, and billions of dollars of on-site and offsite costs result from this eroded soil every year. Some water bodies have been irretrievably damaged, and expensive rehabilitation programs are needed to remedy in-place water pollution problems if Clean Water Act goals are to be achieved. Unless effective abatement and rehabilitation programs are established, billions of dollars of benefits to future generations will not be realized as more waters become irretrievably damaged, and billions more will continue to be spent by government to treat symptoms of these sediment-related problems.     

Reducing Nonpoint Source Pollution Through Collaboration: Policies and Programs Across the U.S. States

Nonpoint source (NPS) pollution has emerged as the largest threat to water quality in the United States, influencing policy makers and resource managers to direct more attention toward NPS prevention and remediation. In response, the United States Environmental Protection Agency (USEPA) spent more than $204 million in fiscal year (FY) 2006 on the Clean Water Act’s Section 319 program to combat NPS pollution, much of it on the development and implementation of watershed-based plans. State governments have also increasingly allocated financial and technical resources to collaborative watershed efforts within their own borders to fight NPS pollution. With increased collaboration among the federal government, states, and citizens to combat NPS pollution, more information is needed to understand how public resources are being used, by whom, and for what, and what policy changes might improve effectiveness. Analysis from a 50-state study suggests that, in addition to the average 35% of all Section 319 funds per state that are passed on to collaborative watershed groups, 35 states have provided financial assistance beyond Section 319 funding to support collaborative watershed initiatives. State programs frequently provide technical assistance and training, in addition to financial resources, to encourage collaborative partnerships. Such assistance is typically granted in exchange for requirements to generate a watershed action plan and/or follow a mutually agreed upon work plan to address NPS pollution. Program managers indicated a need for greater fiscal resources and flexibility to achieve water quality goals.     

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.     

INTEGRATING DIFFUSEINONPOINT POLLUTION CONTROL AND WATER BODY RESTORATION INTO WATERSHED MANAGEMENT1

ABSTRACT: The objective of water quality/watershed management is attainment of water quality goals specified by the Clean Water Act. The Total Maximal Daily Load (TMDL) planning process is a tool to set up watershed management. However, TMDL methodologies and concepts have several problems, including determination of Loading Capacity for only low flow critical periods that preclude consideration of wet weather sources in water quality management. Research is needed to develop watershed pollutant loading and receiving waters Loading Capacity models that will link wet and dry weather pollution loads to the probability of the exceedence of water quality standards. The long term impact of traditional Best Management Practices as well as ponds and wetlands, must be reassessed to consider long term accumulation of conservative toxic compounds. Socioeconomic research should focus on providing information on economic and social feasibility of implementation of additional controls in water quality limited watersheds.     

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.     

CLEAN WATER ACT REAUTHORIZATION: HOW FAR HAVE WE COME?1

ABSTRACT: This paper first presents a brief review of an earlier effort to estimate the benefits associated with achieving the Clean Water Act objectives. It then discusses what would be involved in doing a retrospective benefit-cost analysis of the Clean Water Act and some information on changes in several measures of water quality over the past 20 years. The paper concludes with a summary of a recent effort to estimate the realized benefits associated with the Clean Water Act and some implications for policy. (KEY TERMS: benefits; benefit-cost analysis; costs; recreation; water pollution; water quality.)     

IMPLICATIONS OF C.A.R.E. VS. SOUTHVIEW FARM ON THE U.S. LIVESTOCK AND POULTRY INDUSTRY1

ABSTRACT: On May 19, 1993, a jury in the U.S. District Court for the Western District of New York found Southview Farm and Richard H. Popp guilty of violating the Clean Water Act on five occasions. The violations were the result of storm water runoff from a site used for disposal of dairy cattle manure from an unpermitted concentrated animal feeding operation. The presiding District Court judge later dismissed the jury verdict, and subsequently a U.S. Court of Appeals for the Second Circuit reversed the dismissal. The Court of Appeals concluded that the discharges were not exempt as agricultural storm water discharges, and that the manure spreaders involved were point sources. Because the use of animal manures in crop production activities will result, unavoidably, in the discharge of some pollutants to adjacent surface waters, a rational and universally applicable basis is needed to determine when such discharges are point versus nonpoint source. Current statutes and regulations do not delineate clearly such a boundary. To address this lack of specificity, I propose that application rates be based on recommended crop nutrient needs.     

AGRICULTURAL POLLUTION CONTROL: IMPLICATIONS FROM THE RURAL CLEAN WATER PROGRAM1

ABSTRACT: The Rural Clean Water Program has provided a unique opportunity to study the economics of agricultural nonpoint source pollution control. Several implications for improving the economic efficiency of future agricultural nonpoint source pollution control programs can be drawn from the results. First, individual projects should be targeted towards water bodies that have water quality problems causing economic damages. Considerable variation can exist among areas in the magnitude of economic damages, which may not be proportional to physical impacts. Second, the relative costs and effectiveness of the practices selected to reduce the delivery of pollutants can vary dramatically from one location to another. Early identification and emphasis on cost-effective BMPs can substantially reduce project costs and may make a project economically justifiable that would not otherwise be so. Finally, some projects that do not hive potential economic benefits from water quality improvements exceeding government cost may have on-farm benefits from reduced costs and increased long-term yields that are sufficient to make total benefits (water quality and on-farm) exceed costs.     

INCENTIVE-BASED NONPOINT SOURCE POLLUTION ABATEMENT IN A REAUTHORIZED CLEAN WATER ACT1

ABSTRACT: This paper summarizes key provisions of the Clinton Administration's proposals for change in the Clean Water Act. Two of the important themes for change are tougher controls for non-point source pollution and the use of market-based instruments. A detailed analysis of market-based abatement suggests limited potential for reducing costs. The keys to nonpoint source pollution control are clearer definition of property rights combined with changes in government programs that encourage polluting activities.     

ENVIRONMENTAL IMPACT MITIGATION UNDER THE CLEAN WATER ACT AND THE NATIONAL ENVIRONMENTAL POLICY ACT: THE CASE OF TWO FORKS DAM1

ABSTRACT: The role of environmental mitigation in permitting decisions under Section 404 of the Clean Water Act and the National Environmental Policy Act is examined, addressing the extent to which compensatory mitigation is acceptable. The role of mitigation is examined both generically and specifically: first in the requirements of the Clean Water Act and NEPA, and then in the case study of the proposed Two Forks Dam. In both cases, the paper describes dual purposes of environmental protection legislation and mitigation: to protect the biophysical environment and maintain associated human values. Mitigation is found to be sometimes necessary and acceptable as compensation for unavoidable impacts of project development. However, the Two Forks case exemplifies that compensatory mitigation has also been employed as a mechanism to facilitate project development when practicable alternatives entailing less environmental impact are available. Acceptance of compensatory mitigation in such cases violates both the Guidelines of the Clean Water Act and the intent of that Act and NEPA to protect the biophysical environment and human welfare. A recent memorandum of agreement between the Corps and the EPA clarifies this policy, and suggests that permit applications which rely on compensatory mitigation when impacts are available may be denied.     

INFLUENCES ON RESIDENTIAL YARD CARE AND WATER QUALITY: TUALATIN WATERSHED,OREGON1

ABSTRACT: The Tualatin is the first watershed in Oregon to implement the Total Maximum Daily Load provisions of the Clean Water Act to deal with nonpoint source pollution. Local officials cite residential yard care practices as potential contributors to nonpoint source pollution in the basin. Qualitative and quantitative methods, including observation of yard maintenance styles, suggest behaviors potentially harmful to water quality and conservation. Yard maintenance is influenced by the importance of neighborhood appearance and concern for aesthetics. These concerns stimulate residents to water, fertilize, and apply weed control at more frequent intervals than yard care experts recommend. Better understanding of the effects that relations with neighbors and yard maintenance knowledge have on residential yard care practices can help improve water quality.     

New federalism and state implementation of the Clean Water Act

An important goal of the Reagan administration has been to shift responsibility for many public programs from the US federal government to the states. This New Federalism seeks to restore a proper balance to the federal system and to ensure an effective working partnership between the states and the federal government. Such a partnership is especially important for many environmental laws because these laws often give states primary responsibility for the control and abatement of pollution.This research examines the extent to which the Reagan administration has succeeded in improving intergovernmental environmental relations in terms of state implementation of the Clean Water Act. Data from a 1985 survey of directors of state water quality control programs are compared with responses to a similar survey that the US General Accounting Office conducted in 1979. The latter survey found considerable dissatisfaction on the part of state directors with the quality of their relations with the US Environmental Protection Agency. Although some improvement can be noted between 1979 and 1985, the Reagan administration's efforts to improve intergovernmental relations appear to have been of limited consequence, to the possible detriment of effective implementation of the Clean Water Act.     

GROUPWISE MODELING STUDY OF BACTERIALLY IMPAIRED WATERSHEDS IN TEXAS: CLUSTERING ANALYSIS1

ABSTRACT: Under the Clean Water Act (CWA) program, the Texas Commission on Environmental Quality (TCEQ) listed 110 stream segments in the year 2000 with pathogenic bacteria impairment. A study was conducted to evaluate the probable sources of pollution and characterize the watersheds associated with these impaired water bodies. The primary aim of the study was to group the water bodies into clusters having similar watershed characteristics and to examine the possibility of studying them as a group by choosing models for total maximum daily load (TMDL) development based on their characteristics. This approach will help to identify possible sources and determine appropriate models and hence reduce the number of required TMDL studies. This in turn will help in reducing the effort required to restore the health of the impaired water bodies in Texas. The main characteristics considered for the classification of water bodies were land use distribution within the watershed, density of stream network, average distance of land of a particular use to the closest stream, household population, density of on‐site sewage facilities (OSSFs), bacterial loading from different types of farm animals and wildlife, and average climatic conditions. The climatic data and observed instream fecal coliform bacteria concentrations were analyzed to evaluate seasonal variability of instream water quality. The grouping of water bodies was carried out using the multivariate statistical techniques of factor analysis/principal component analysis, cluster analysis, and discriminant analysis. The multivariate statistical analysis resulted in six clusters of water bodies. The main factors that differentiated the clusters were found to be bacterial contribution from farm animals and wildlife, density of OSSFs, density of households connected to public sewers, and land use distribution.     

Compensatory Mitigation for Streams Under the Clean Water Act: Reassessing Science and Redirecting Policy1

Doyle, Martin W. and F. Douglas Shields, 2012. Compensatory Mitigation for Streams Under the Clean Water Act: Reassessing Science and Redirecting Policy. Journal of the American Water Resources Association (JAWRA) 48(3): 494-509. DOI: 10.1111/j.1752-1688.2011.00631.x Abstract: Current stream restoration science is not adequate to assume high rates of success in recovering ecosystem functional integrity. The physical scale of most stream restoration projects is insufficient because watershed land use controls ambient water quality and hydrology, and land use surrounding many restoration projects at the time of their construction, or in the future, do not provide sufficient conditions for functional integrity recovery. Reach scale channel restoration or modification has limited benefits within the broader landscape context. Physical habitat variables are often the basis for indicating success, but are now increasingly seen as poor surrogates for actual biological function; the assumption “if you build it they will come” lacks support of empirical studies. If stream restoration is to play a continued role in compensatory mitigation under the United States Clean Water Act, then significant policy changes are needed to adapt to the limitations of restoration science and the social environment under which most projects are constructed. When used for compensatory mitigation, stream restoration should be held to effectiveness standards for actual and measurable physical, chemical, or biological functional improvement. To achieve improved mitigation results, greater flexibility may be required for the location and funding of restoration projects, the size of projects, and the restoration process itself.     

Exploring Nontraditional Participation as an Approach to Make Water Quality Trading Markets More Effective

Water quality trading (WQT) has the potential to be a low‐cost means for achieving water quality goals. WQT allows regulated wastewater treatment plants (WWTPs) facing discharge limits the flexibility to either reduce their own discharge or purchase pollution control from other WWTPs or nonpoint sources (NPSs) such as agricultural producers. Under this limited scope, programs with NPSs have been largely unsuccessful at meeting water quality goals. The decision to participate in trading depends on many factors including the pollution control costs, uncertainty in pollution control, and discharge limits. Current research that focuses on making WQT work tends to identify how to increase participation by traditional traders such as WWTPs and agricultural producers. As an alternative, but complementary approach, we consider whether augmenting WQT markets with nontraditional participants would help increase the number of trades. Determining the economic incentives for these potential participants requires the development of novel benefit functions requiring not only economic considerations but also accounting for ecological and engineering processes. Existing literature on nontraditional participants in environmental markets tends to center on air quality and only increasing citizen participation as buyers. Here, we consider the issues for broadening participation (both buyers and sellers) in WQT and outline a multidisciplinary approach to begin evaluating feasibility.     

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.     

A QUARTER CENTURY OF INDUSTRIAL WATER USE AND A DECADE OF DISCHARGE CONTROLS1

This paper explores the trends in industrial water intake, discharge, recycling, and gross water use to see whether or not the 1972 Clean Water Act (CWA) has had an impact on industrial effluent discharge. Quinquennial Census data indicate that the levels of discharge, both generally and per unit of product, have been falling for as long as these data have been gathered. Trends in gross water use and recycling ratios suggest that during the 25 years of record production processes were gradually modified so that less total water was discharged and less was used per unit of output. Untreated discharge as a percent of all discharge fell fairly steadily across all industries until 1973 and continued to fall in 1978 in the major BOD-discharging industries. By 1978, 75 percent of the pulp and paper effluent and 40 percent of the food processing effluent was treated. The consistent increase in treated discharge in the pulp and paper mills, with their large component of BOD-related process discharge, was not matched by parallel trends in the steel, petroleum, and chemicals industries with their relatively smaller amounts (and percents) of process discharge. This suggests that the CWA may have been responsible in part for the change in the former. In the pulp and paper industry, there is further evidence that the CWA has influenced wastewater discharge. Although, for the century as a whole, pulp and paper mills discharged less water, and more discharge was treated, in 1978 than in 1973, these trends were especially dramatic among firms in the Northeast where controls were likely to have been most stringent. Finally, using the only direct evidence we have, it appears that the drop in discharge levels and the increasing amounts of treatment had a significant effect on the amount of BOD discharged to surface and ground water. In 1973 the pulp and paper mills in Wisconsin discharged an average of about 868,000 lbs/day; by 1982, despite increased levels of production, they discharged less than 10 percent of that. There is no doubt that industrial water use changed over the 25 years of record. Although the evidence is circumstantial, it appears that the CWA and the environmental ethic which spawned it played an important part in some aspects of the shifts.     

Deriving Chesapeake Bay Water Quality Standards

Achieving and maintaining the water quality conditions necessary to protect the aquatic living resources of the Chesapeake Bay and its tidal tributaries has required a foundation of quantifiable water quality criteria. Quantitative criteria serve as a critical basis for assessing the attainment of designated uses and measuring progress toward meeting water quality goals of the Chesapeake Bay Program partnership. In 1987, the Chesapeake Bay Program partnership committed to defining the water quality conditions necessary to protect aquatic living resources. Under section 303(c) of the Clean Water Act, States and authorized tribes have the primary responsibility for adopting water quality standards into law or regulation. The Chesapeake Bay Program partnership worked with U.S. Environmental Protection Agency to develop and publish a guidance framework of ambient water quality criteria with designated uses and assessment procedures for dissolved oxygen, water clarity, and chlorophyll a for Chesapeake Bay and its tidal tributaries in 2003. This article reviews the derivation of the water quality criteria, criteria assessment protocols, designated use boundaries, and their refinements published in six addendum documents since 2003 and successfully adopted into each jurisdiction's water quality standards used in developing the Chesapeake Bay Total Maximum Daily Load.