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Non-point Water Pollution Regulations

Non-point Water Pollution Regulations. Amanda Cross William Gardner Yao Hui. Presentation Outline. What is Nonpoint Source Pollution? Definition Where does it come from? Basis for Regulation Human Health Environment U.S. legal framework Policy instruments and regulatory approaches

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Non-point Water Pollution Regulations

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  1. Non-point Water Pollution Regulations Amanda Cross William Gardner Yao Hui

  2. Presentation Outline • What is Nonpoint Source Pollution? • Definition • Where does it come from? • Basis for Regulation • Human Health • Environment • U.S. legal framework • Policy instruments and regulatory approaches • Lessons Learned

  3. What is Nonpoint Source Pollution? • Nonpoint source pollution generally results from land runoff, precipitation, atmospheric deposition, drainage, seepage or hydrologic modification. • However, as a legal matter, nonpoint source pollution is water pollution that is not a point source.

  4. Where Does it Come From?

  5. http://se2pollutants.blogspot.com/2010/03/post-1-two-classifications-of-water.htmlhttp://se2pollutants.blogspot.com/2010/03/post-1-two-classifications-of-water.html

  6. Impact of NPS Pollution on Water Bodies http://www.na.fs.fed.us/spfo/pubs/n_resource/riparianforests/Tab%20I.htm

  7. Scientific basis for controls and regulations • Human Health • Toxic contaminants and chemicals - heavy metals like lead, mercury, zinc, and cadmium, organics like polychlorinated biphenyls (PCBs) and polycyclic aromatic hydrocarbons (PAHs) • Pathogens - Cryptosporidium parvum, Giardia lamblia, Parasitic worms (helminths), fecal coliform • Environment • Toxic contaminants and chemicals – motor oil, fuel, industrial waste • Sediment • Nutrients – Nitrogen and Phosphorous

  8. U.S. Legal Framework for NPS • Primary responsibility for regulating NPS water pollution falls on state and local governments. • Several federal laws have attempted to provide support for these state initiatives however. Federal Financing and Information State Implementing Agencies NPS Polluters

  9. U.S. Federal Legal Framework • Clean Water Act • Section 208 • Section 319 • Total Maximum Daily Loads (TMDLs) • 2008 CAFO Rule • Clean Water Action Plans • Costal Zone Management Act

  10. Clean Water Act • Primary Federal Regulation for NPS Pollution • Provides funding for state NPS programs if certain criteria are met by the states • Has not been very effective at reducing NPS pollution • Most important provisions are: • 208 • 319 • 303 (TMDLs) • 404 (Wetlands) • CAFO Rule (Waterkeeper Alliance, et al. v. EPA, 399 F.3d 486 (2d Cir. 2005)

  11. Clean Water Action Plans • 1998 Clean Water Action Plan • Clinton Administration • $568 million (requested) for NPS • 2009 Clean Water Action Plan • Obama Administration • Intended to make NPS pollution programs more transparent and increase oversight of state programs

  12. Coastal Zone Management Act • 1990 Amendment addresses NPS coastal pollution • Created Coastal Zone Enhancement Grants • States submit plan to EPA Administrator and Secretary of Commerce • States with approved plans are eligible for federal funding for NPS programs

  13. State and Local Laws States have primary responsibility for NPS pollution regulations. • States create TMDLs, 208 and 319 plans, and CZMA plans for NPS pollution, but implementation of the plans are not required. States only need to create the plans to get funding. • Generally states provide incentive-based and educational programs to reduce NPS pollution. • However, zoning ordinances are one important command and control regulation used by local govt.

  14. Indiana: The Watershed Approach Indiana uses grant money for incentive and educational programs that address NPS pollution. Funding sources include: CWA 308(h) CWA 205(j) USDA’s Environmental Quality Incentives Program Private donors and foundations Image Source: http://dutchesswam.files.wordpress.com/2010/05/watershed-image-small.png

  15. What Makes NPS Differ From PS? • Uncertainty and unpredictable • Larger scale • Weather dependent • Hard to determine responsible parties • Hard to monitor and measure damage • Great variety

  16. Policy Instruments and Regulatory Approaches Carrot and Stick Approach… And something in between…

  17. & • Carrot • Economic incentives • Marketable allowances and trading system • Pollution taxes or emission charges • Subsidies • Command and control • Design standards or technology specifications • Performance standards or emission limits • Use limitations • Liability rules • In Between • Information • Education • R&D

  18. Conclusion • Potential policy instruments for nonpoint pollution • Incentive based instruments are imperfect but perhaps our best option for regulation • Lessons Learned • Creativity • Combine policy instruments

  19. Wikipedia Articles Old Nonpoint Source Pollution Nonpoint Source Pollution Nonpoint Source Water Pollution Regulations in the United States

  20. Questions?

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