Multiattribute utility analysis for addressing Section 316(b) of the Clean Water Act

We believe that the fundamental issues associated with implementing Section 316(b) of the Clean Water Act are whether or not it requires a balancing of objectives and if it does, how that balancing should be done. If balancing is required, we recommend the use of multiattribute utility analysis (MUA). MUA is a formal, analytic approach for evaluating and comparing options for decisions with multiple objectives. It differentiates the two types of judgments needed for public policy decisions: (1) value judgments, which indicate what people want to happen as the result of a decision and their willingness to make tradeoffs, and (2) scientific judgments, which indicate what scientists or other technical specialists think is likely to happen based on the option that is chosen. MUA provides an approach for deciding what is an ‘adverse environmental impact’ and what is ‘best technology available’ based on site-specific considerations that can be consistently applied to all cooling water intakes. To illustrate the first step of a collaborative MUA process, we present a preliminary hierarchy of objectives constructed during a 1-day meeting held with regulators, electric utilities, and environmental groups to address the renewal of SPDES permits for four power plants operating on the Hudson River.