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United States Regulation of Point Source Water Pollution

United States Regulation of Point Source Water Pollution. David Christopher, Kristen Davee , Jessie Skaggs, Susan Wambugu. Presentation Outline. Introduction Regulatory Framework Tensions/issues/concerns emerging Regulatory approaches Policy instrument piñata. Need-to-Know Stuff.

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United States Regulation of Point Source Water Pollution

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  1. United States Regulation of Point Source Water Pollution David Christopher, Kristen Davee, Jessie Skaggs, Susan Wambugu

  2. Presentation Outline Introduction Regulatory Framework Tensions/issues/concerns emerging Regulatory approaches Policy instrument piñata

  3. Need-to-Know Stuff • Definition/Context • Point sources of water pollution are discrete conveyances such as pipes or man-made ditches from stationary locations • Sources include sewage treatment plants, factories, wastewater treatment facilities, septic systems and ships

  4. Relevant Science Biological, Chemical, Physical CHANGES Water Quantity Issues Economic, Environmental, Recreational, Subsistence, Ecological IMPACTS

  5. Cuyahoga River Case • The river had become extremely polluted due to industrial and oil refinery activities along its banks • This resulted in numerous fires beginning in 1936 http://blog.cleveland.com/science_impact/2009/06/large_Richard-Ellers-Cuyahoga-River-goop.jpg • The 1969 fire finally drew national attention • Credited for the amendments leading to the enactment of the CWA and the creation of the EPA http://celebrating200years.noaa.gov/events/earthday/cuyahoga_fire650.jpg

  6. Regulatory Framework

  7. History of Regulation • 1899 – Rivers and Harbors Act • 1948 – Federal Water Pollution Control Act • 1966 – Clean Water Restoration Act • 1970 – Water Quality Improvement Act • 1972 – Clean Water Act Health-based Standards Tech-based Standards

  8. Clean Water Act • Point source water pollution is regulated through the Clean Water Act, which gives the EPA the authority to set limits on the acceptable amount of pollutants that can be discharged into waters of the United States. • Direct Sources • Indirect Sources

  9. Indirect Point Sources • City sewer => POTW => Discharged • National Pretreatment Program http://www.epa.gov/owow/watershed/wacademy/acad2000/cwa/discharges.htm

  10. Direct Point Sources • Discharged directly into a water body • National Pollution Discharge Elimination System • Technology-based • Municipal • Non-municipal • Water quality-based • Enforcement

  11. Tensions/Issues/Concerns http://www.mo.nrcs.usda.gov/news/MOphotogallery/wetlands.html

  12. Costs • Lack of funding on the state's part that is required to carry out monitoring • Can lead to an uncertainty regarding water quality • Point Source Control Costs • Private costs: $14 billion • Public costs: $34 billion • Total: $48 billion

  13. Enforcement • Self-monitoring and self-reporting • Self-incriminating? • US v. Hopkins • State/Federal tension • Commerce Clause • SWANCC v. US Army Corps of Engineers

  14. Ambiguity of the CWA • Coeur Alaska v. Southeast Alaska Conservation Council • Disposal of mine tailings • NPDES or Dredge and Fill permit • Implications http://juneauempire.com/stories/062309/loc_453703862.shtml http://cleanrocks.co/

  15. Emerging Regulatory Approaches

  16. Water Quality Trading (WQT)—The Basics • EPA Water Quality Trading Policy • January 2003 • Market-based approach • Low cost polluters trade with high cost polluters • Watershed-scale • Still subject to CWA requirements http://www.cnr.usu.edu/images/uploads/faculty/mesner_nancy_canoe.jpg

  17. WQT—The Markets • Most markets focus on nutrient trading • Often based on TMDLs • The currency: Pollution Credits • Trade Ratios • Location • Delivery • Uncertainty • Equivalency • Retirement http://andrewchia.com/wp-content/uploads/2009/06/Credit-cards.jpg

  18. WQT—The Good Stuff • Economic, environmental and social benefits • $avings • Habitat/Ecosystem protection • Dialog among stakeholders • Factors influencing success http://thumbs.dreamstime.com/thumb_248/1205688847xrFdB9.jpg

  19. WQT—Lingering Issues and Burning Questions • Contrast to emissions trading • Air pollution vs. water pollution • If WQT is so great, why isn’t everyone doing it? • Basically: lack of supply and demand http://frogandprincess.files.wordpress.com/2009/04/emission-freejpg_5638.jpg

  20. Transboundary Pollution (U.S.-Mexico Border) • Overview • Policy Issues • Origin of pollutants • Both countries affected • Socio-economic differences • Multiple players and interests • Response • NAFTA and creation of BECC, NADB • U.S.-Mexico border program • Voluntary programs funded by NADB • Information • Direct provision • Watchdog

  21. How it works http://www.cocef.org/english/index.html

  22. Policy Instrument Piñata • Command and Control • Performance-based • Bans • Marketable Allowances • Voluntary Programs • Bully Pulpit • Licensing • Inspections • Information/Education • Fines • Contracting • Combination of Instruments

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