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.)     

美国关于温室气体为“空气污染物”的争论及对我国的启示

美国《清洁空气法》没有将温室气体列为空气污染物。2007年,美国最高法院就Massachusetts v EPA案做出判决,认定二氧化碳属于空气污染物,之前联邦环保署是否有权力对温室气体排放进行管制存在争议。2009年12月,美国联邦环保署根据该判决将二氧化碳和其他5种温室气体列为大气污染物,为温室气体是否是美国《清洁空气法》中的"空气污染物"画上了句号。在我国,将温室气体作为大气污染物,可以解决对温室气体排放进行管制不能当然地适用大气污染防治法的有关规定的缺陷。     

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.     

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.     

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.     

Bottom-Up Risk Regulation? How Nanotechnology Risk Knowledge Gaps Challenge Federal and State Environmental Agencies

Nanotechnologies have been called the "Next Industrial Revolution." At the same time, scientists are raising concerns about the potential health and environmental risks related to the nano-sized materials used in nanotechnologies. Analyses suggest that current U.S. federal regulatory structures are not likely to adequately address these risks in a proactive manner. Given these trends, the premise of this paper is that state and local-level agencies will likely deal with many "end-of-pipe" issues as nanomaterials enter environmental media without prior toxicity testing, federal standards, or emissions controls. In this paper we (1) briefly describe potential environmental risks and benefits related to emerging nanotechnologies; (2) outline the capacities of the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, and the Resources Conservation and Recovery Act to address potential nanotechnology risks, and how risk data gaps challenge these regulations; (3) outline some of the key data gaps that challenge state-level regulatory capacities to address nanotechnologies' potential risks, using Wisconsin as a case study; and (4) discuss advantages and disadvantages of state versus federal approaches to nanotechnology risk regulation. In summary, we suggest some ways government agencies can be better prepared to address nanotechnology risk knowledge gaps and risk management.     

Finding green in clean: Progressive pollution prevention at hyde tools

Hyde Tools, Inc., of Southbridge, Massachusetts, is a medium-sized firm employing about three hundred persons. In 1988, it learned of a company that eliminated its wastewater discharge after being threatened with massive Clean Water Act fines resulting from a suit brought by a Massachusetts environmental group. Hyde decided to devise a similar program to attain zero water discharge and do it within five years. More than 75 percent toward its goal, Hyde'S environmental success, detailed in this article, still relies heavily on the company'S Total Quality Management system and the efforts of a dedicated environmental staff. Hyde'S success typifies TQEM in action—showing how small continuous improvements can lead to significant financial paybacks.     

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.     

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.     

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.     

Enhancing climate technology transfer through greater public–private cooperation: Lessons from Thailand and the Philippines

This article contributes to debates about climate change policy and technology transfer by analyzing the success factors underlying collaboration between private companies and communities in developing countries. To date, much attention to capacity building for enabling environments — including public–private collaboration — under the climate change convention has focused on state‐led initiatives and on the innovation and development of technologies. This article, instead, focuses on how private‐sector investors and host communities may collaborate in the diffusion of technologies, by reducing the costs of technology transfer, and making technology more appropriate to developing countries. The article describes cases of collaboration concerning waste management and waste‐to‐energy in Thailand and the Philippines. The article argues that successful public–private partnerships between investors and communities depends on minimizing transaction costs, strengthening collaborative (or assurance) mechanisms, and in maximizing public trust and accountability of partnerships. Lessons are then drawn for enhancing capacity building for technology transfer under the climate change convention and applications such as the Clean Development Mechanism.     

ASSESSING LAND USE IMPACTS ON WATER QUALITY USING MICROBIAL SOURCE TRACKING1

ABSTRACT: A renewed emphasis on source water protection and watershed management has resulted from recent amendments and initiatives under the Safe Drinking Water Act and the Clean Water Act. Knowledge of the impact of land use choices on source water quality is critical for efforts to properly manage activities within a watershed. This study evaluated qualitative relationships between land use and source water quality and the quantitative impact of season and rainfall events on water quality parameters. High levels of specific conductance tended to be associated with dense residential development, while organic carbon was elevated at several forested sites. Turbidity was generally higher in more urbanized areas. Source tracking indicators were detected in samples where land use types would predict their presence. Coliform levels were statistically different at the 95 percent confidence levels for winter versus summer conditions and dry versus wet weather conditions. Other water quality parameters that varied with season were organic carbon, turbidity, dissolved oxygen, and specific conductance. These results indicate that land use management can be effective for mitigating impacts to a water body; however, year‐ round, comprehensive data are necessary to thoroughly evaluate the water quality at a particular site.     

Temporal Trends in the Spatial Distribution of Impervious Cover Relative to Stream Location

Use of impervious cover is transitioning from an indicator of surface water condition to one that also guides and informs watershed planning and management, including Clean Water Act (33 U.S.C. §1251 et seq.) reporting. Whether it is for understanding surface water condition or planning and management, impervious cover is most commonly expressed as summary measurement (e.g., percentage watershed in impervious cover). We use the National Land Cover Database to estimate impervious cover in the vicinity of surface waters for three time periods (2001, 2006, 2011). We also compare impervious cover in the vicinity of surface waters to watershed summary estimates of impervious cover for classifying the spatial pattern of impervious cover. Between 2001 and 2011, surface water shorelines (streams and water bodies) in the vicinity of impervious cover increased nearly 10,000 km. Across all time periods, approximately 27% of the watersheds in the continental United States had proximally distributed impervious cover, i.e., the percentage of impervious cover in the vicinity of surface waters was higher than its watershed summary expression. We discuss how impervious cover spatial pattern can be used to inform watershed planning and management, including reporting under the Clean Water Act.     

Packaging waste and the polluter pays principle: a taxation solution

Packaging waste has become a focus for attention by policy‐makers in a number of countries. This article offers a simple policy measure — a packaging tax or levy — which serves the required aims of policy, namely: reducing waste at source; increasing the rate of recycling; and consistency with the polluter pays principle. The tax is illustrated in the context of beverage containers in the UK and Japan. The merits of the proposal are its simplicity and flexibility. The article suggests that the relevant environmental damages are captured by waste disposal costs and litter. Other life cycle impacts, such as emissions from energy use, could be included but only if there are not more efficient ways of regulating them.     

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.     

Constraints to Watershed Planning: Group Structure and Process1

Floress, Kristin, Jean C. Mangun, Mae A. Davenport, and Karl W.J. Williard, 2009. Constraints to Watershed Planning: Group Structure and Process. Journal of the American Water Resources Association (JAWRA) 45(6):1352‐1360. Abstract: The roles that agencies and other partners play in collaborative watershed management are not always clearly identified. Key factors contributing to group‐level outcomes in watershed groups include both structural and procedural elements. Structural elements include membership systems, project partners, and funding, while procedural elements include leadership, shared vision, and mission development. The current research reports on a case study conducted with a Midwestern watershed group that received Clean Water Act Section 319 funds to undertake a watershed planning process. Data come from focus groups, interviews, public comments, and meeting observation, and were analyzed using grounded theory. Findings of this study indicate that homogenous skill set, discord over group and partner roles, and failed problem identification contributed to the organizational inertia experienced by the watershed group. Implications of this research for groups receiving 319 funds are provided.     

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.     

Achieving Nutrient Water Quality Goals: Bringing Market‐Like Principles to Water Quality Management*1

Abstract: Market‐like trading programs for water quality management begin with enforceable limits on the amount of the pollutant allowed in a watershed. Properly designed market‐like trading programs then create incentives for dischargers to reduce nutrient control costs over time by making pollution prevention innovations. However, the structure of the Clean Water Act can be a barrier to establishing market‐like trading programs. First, we describe the general features and advantages of market‐like trading programs. Then we offer practical suggestions for bringing market‐like design concepts to nutrient trading programs within the existing legal and regulatory setting.