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Command and Control Regulation in Action

Explore the implementation of the Clean Water Act of 1972 in the US, setting national pollution goals and policies for managing industrial water pollution. Learn about regulations, standards, enforcement, and the impact on water quality.

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Command and Control Regulation in Action

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  1. Command and Control Regulation in Action Regulating Industrial Water Pollution in the US

  2. Clean Water Act of 1972 • Sets national goals as zero-discharge of pollution by 1985 • 2 Main Policy Tools • Construction grants program $$ • Technology based regulations for discharge of water pollution from point sources

  3. National Pollutant Discharge Elimination System • EPA- establishes Federal Effluent Guidelines • States– write,monitoring, and enforce NPEDS permits • Main Targets • Biochemical oxygen demand (BOD) • total suspended solids (TSS) • 15 pollutants of concerns, (metals i.e. arsenic and mercury)

  4. POTW publicly owned treatment works

  5. POTW

  6. POTW • Tech Regulation • Primary treatment (skimming, screening, settling) 65% • Secondary treatment - 80-90% • Criteria on uses for sludge • ensuring effective operation and maintenance

  7. Direct Discharges from Industrial Plants

  8. Direct Discharges from Industrial Plants • EPA guidelines for 30 designated industries • best practicable technology by 1977 • Best Available Tech by 1983 • New Source Performance Standards

  9. Complexity • Dairy Standards • Different standards for subcategories • Acceptable pollutant discharge rates vary • BOD 30 day standard for large facilities Butter .55kg per 1000 kg of BOD input; Cottage cheese 2.6, Ice bream 1.84, Condensed Milk 1.38, Dry Milk .65 • Separate limits for one day maximum discharge, 30 day average, for small and large facilities.

  10. Indirect discharges from industrial plant • Industrial plants to POTW • Pretreatment guidelines

  11. Rulemaking Process • Information Requirements • Writing of direct discharge standards • How to operationalize best, practicable, economically achievable • Need information on production techniques, location, waste products, and waste treatment tech • heterogeneity --360 industrial subcategories among first 30 industries requiring effluent guidelines • separate BPT, BAT, NSPS< and pretreatment regulations

  12. Rulemaking Process • Role of consulting firms • Proposed standards, industry comment • 250 lawsuits

  13. Regulatory Output • BPT - 1 year • BAT standards – 1/3rd done by 1995 • Zero Discharge – still waiting

  14. Abatement Costs • Big variation in incremental costs • Estimate of costs > than actual

  15. Compliance • Assumption- 97% reduction in discharge of priority pollutants • Compliance – mixed • 6% of major direct dischargers -significant noncompliance • % of US served by POTWs increases from 42% to 74% • POTW pretreatment- 54% of significant indutstrial users were in significant noncompliance (1992)

  16. But is the water cleaner? • Some big successes- Potomac, Delaware • Lack of data,

  17. Perverse Incentives • Expansion of POTW Construction Grants Program • shift from direct discharge towards indirect discharge

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