Nonpoint source water pollution regulations in the United States
Encyclopedia
Nonpoint source water pollution regulations are environmental regulations that restrict or limit water pollution
from diffuse or nonpoint effluent
sources such as polluted runoff
from agricultural areas in a river catchments or wind-borne debris blowing out to sea. In the United States, governments have taken a number of legal and regulatory approaches to controlling NPS effluent. Nonpoint water pollution
sources include, for example, leakage from underground storage tanks, storm water runoff, atmospheric deposition of contaminants, and golf course, agricultural, and forestry runoff. Nonpoint sources are the most significant single source of water pollution in the United States, accounting for almost half of all water pollution, and agricultural runoff is the single largest source of nonpoint source water pollution. This water pollution has a number of detrimental effects on human health and the environment. Unlike point source
pollution, nonpoint source pollution arises from numerous and diverse sources, making identification, monitoring, and regulation more complex.
, mercury
, zinc
, and cadmium
, organics like polychlorinated biphenyls (PCBs) and polycyclic aromatic hydrocarbons (PAHs), and other substances resistant to breakdown . There are many heath effects associated with many of these toxic substances.
, fuel, and industrial facility waste can enter the water system by storm water runoff. These chemicals, many of which can contain heavy metals
, can enter the water system and coat the species present in the water. This can lead to death of the aquatic organisms which can cause increases in the amount of nutrients in the system from the decaying animals.
or suspended sediment in the water is soil that would not normally be present in the water column. When the sediment is suspended up in the water column, it blocks out the sunlight which is needed by bottom dwelling plants. If these plants, called submerged aquatic vegetation, are deprived of sunlight for a significant amount of time, they will die. These plants are a significant source of food for many aquatic organisms as well as trap oxygen and sediment. When there is an excess of dying plants in an aquatic ecosystem, it can lead to eutophic
or hypoxic
conditions in the water body.
and phosphorus
from fertilizers. An influx of these nutrients can lead to eutrophication
within the water. This is when there is an excess of nutrients in water, thus leading to an explosion in the growth of algae
. The algae can cover the lake and block sunlight from reaching the organisms below, typically killing them.
" (CWA) has its statutory
basis in the Water Pollution Control Act of 1948, which was the first federal regulation designed to address water pollution. The Clean Water Act has been amended many times, but the CWA amendments of 1972 provide the core statutory basis for the regulation of point source water pollution and created the National Pollution Discharge Elimination System permit program. The CWA amendments of 1972 were also the first instance where Congress acknowledged the problem of NPS water pollution through the passage of section 208 of the CWA. Congress passed additional amendments to the CWA in 1987 that address NPS water pollution. This section will chronologically address the parts of the CWA that regulate NPS water pollution.
The definition of NPS water pollution is open to interpretation. However, federal regulation under the CWA provides a specific legal definition for the term. A "nonpoint source" is defined as any source of water pollution that is not a "point source" as defined in section 502(14) of the Clean Water Act. That definition states: "The term 'point source' means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural storm water discharges and return flows from irrigated agriculture."
There are important differences between point source pollution and NPS pollution. There are many more nonpoint sources than there are point sources, and they are more discrete than nonpoint sources. Furthermore, nonpoint source discharges are not always easily observed, and monitoring nonpoint pollution can be costly. Another difference is that NPS pollution will vary over time and space based on different weather and geographic conditions. All the above factors make nonpoint pollution more difficult to regulate than point sources.
Section 208 was Congress' first attempt to regulate NPS water pollution, and it directed states and local governments to create management plans that identified future waste treatment needs and identify and control NPS water pollution. The section notes that any areawide management plan must discuss how to identify “agriculturally and silviculturally related nonpoint sources of pollution,” and “runoff from manure disposal areas, and from land used for livestock and crop production.” Section 208 is in essence a federal funding mechanism for state programs that attempt to control NPS pollution, but its meager funding was completely used up by 1980. Section 208 was widely considered a failure because it did little to actually reduce NPS pollution. It created a voluntary provision that directs states to study whether regulatory controls are needed. The section placed full control over regulation of NPS water pollution with the states and did not provide any mechanisms to actually control NPS water pollution.
After section 208's failure to control NPS water pollution, in 1987 Congress passed the Water Quality Act and created the new section 319 to address the problem of nonpoint sources. However, some critics have argued that section 319 provides little improvement over section 208. The section requires states to identify water bodies that cannot meet water-quality standards without control of nonpoint sources. The states must then identify best management practices and measures for those impaired sources, along with an implementation plan. The EPA approves these plans, and if a state fails to develop a plan, the EPA must do so for the state. However, there are a number of problems with these provisions. Funding to develop the plans has been scarce. The section does not actually place limits on NPS pollution, and states are not even required implement the plans they create. Another problem with 319 (and 208) is that there is no enforcement mechanism In the case Natural Resource Defense Council v. EPA, 915 F.2d 1314, 1318 (9th Cir. 1990), the court held that “Section 319 does not require states to penalize nonpoint source polluters who fail to adopt best management practices; rather it provides for grants to encourage the adoption of such practices.”
Section 404 of the CWA requires that a permit be obtained from the U.S. Army Corp of Engineers for the "discharge of dredged and fill material into the navigable waters at specified disposal sites." The 404 permit process is frequently used to protect wetlands, which are essential to the control of nonpoint pollution because they slow the rate of surface water runoff and remove sediment and other pollutants before they reach lakes and streams. While these permitting procedures may result in decreased NPS water pollution to wetlands, developers may simply relocate to an alternative location and still cause the release of NPS water pollution.
CWA section 303(d)(1)(C) requires states to identify waterbodies that do not meet water quality standards after application of the technology-based standards for point source pollution. States must then establish a TMDL for those water bodies to bring them into compliance with water quality standards. The standards are submitted to the EPA for approval. As TMDLs are looking at the total amount of loading, this by definition includes nonpoint sources, so if nonpoint sources are impairing a body of water, the TMDL would have to address a way to reduce those nonpoint sources. In the case of Pronsolinoz v. Nastri, 291 F.3d 1123 (9th Cir. 2002), the court held that TMDLs are required even if a body of water fails to meet quality standards entirely due to nonpoint sources.
Depending on the number of animals at a particular site, Concentrated Animal Feeding Operations (CAFOs) may generate significant amounts of manure. One method to remove the manure is to apply it to land for fertilization. However, in an effort to dispose of manure at a reduced costs, some CAFOs have applied excess amounts of manure to land areas. The excess amounts of manure may then be washed away by rain into surface waters. This practice was a key feature in the U.S. Court of Appeals case Waterkeeper Alliance, et al. v. EPA, 399 F.3d 486 (2d Cir. 2005). Based on that case, the EPA created its 2008 CAFO Rule. The Rule notes that the CWA specifically exempts agricultural storm water runoff from being considered a point source, but, based on the Court of Appeals' decision in the Waterkeeper case, the EPA may treat land applications of excessive amounts of manure as a point source. So while in general agricultural storm water runoff from CAFOs is a nonpoint source, CAFOs may end up requiring a National Pollution Discharge Elimination System permit under the CWA.
s, not pieces of legislation from Congress. The first was a proposal from President Bill Clinton in 1998. The second, and more recent, proposal was from the Obama administration in 2009. Both proposals provide funding and guidance to address NPS water pollution.
(CZMA) was passed in 1972 and provides for the management of the nation's coast lands and the Great Lakes. When Congress reauthorized the CZMA in 1990, it identified NPS water pollution as a significant factor in the degradation of coastal waters. To address NPS water pollution in coastal areas, the 1990 amendments to the CZMA created the Coastal Zone Enhancement Grants (CZEG) Program. The states must submit information on their programs to the Secretary of Commerce and the EPA Administrator, who are in charge of approving the plan. The plan is to be implemented in conjunction with the states NPS water pollution plan under section 319 of the CWA and through changes in the overall coastal zone management program. If a state does not submit an approved program, the state may lose a percentage of the grant money provided under the CZMA and under section 319 of the CWA. The EPA is also to provide some guidance to states in developing their NPS coastal management plans through the publication of national guidelines on management measures. These management measures must be economically achievable for new and existing NPS water pollution and must reduce pollution to the greatest extent achievable through the current best management practices.
approach. A watershed includes "the total geographic area that drains storm water (and pollutants) to a particular stream, lake, aquifer, or other water body." The watershed approach to addressing NPS water pollution attempts to holistically address all the relevant water bodies in the context of their watershed while also considering all the potential sources of pollution within a watershed.
The Indiana Department of Environmental Management (IDEM) was required under section 303(d) of the CWA to create a list of impaired waters for which TMDLs would be required. IDEM's NPS and watershed efforts concentrate on these impaired water resources. Implementation of TMDLs is managed by local watershed organizations, and NPS pollution controls are only voluntary. Watershed groups use funding from IDEM to create incentive programs for the use of best management practices, as well as provide public information and education. Funding sources for NPS pollution regulation in Indiana include CWA 319(h) grants; CWA 205(j) grants; grants from the Environmental Quality Incentives Program of the Food, Conservation, and Energy Act of 2008; and a wide variety of foundations and individual fundraising. Zoning ordinances may also be structured in a way that limits NPS water pollution.
The plan began by identifying roughly 1,500 water body-pollutant combinations that would require a TMDL under the CWA section 303(d).
The plan takes a three tiered approach to implement management measures for NPS pollution. The first tier considers "self-determined implementation of best management practices." This essentially considers voluntary programs, grants, and education. California has a number of educational programs designed to help alert local policymakers to the problems associated with NPS pollution, including the California Water and Land Use Partnership and the Model Urban Runoff Program. Incentive programs under this tier include measure like financial assistance for local watershed stewardship projects through grants from the CWA section 319 and environmental quality incentives programs for implementation cost-sharing. The first tier is less stringent than tiers two or three. The second tier of the plan is called the "regulatory-based encouragement of management practices." The second tier essentially works by allowing polluters to adopt certain managements measures that discourage NPS pollution rather than go through various permitting procedures. Regional water quality control boards may work with landowners and resource managers to waive the adoption of waste discharge requirements (WDRs), a type of effluent limitation, if a polluter adopts certain BMPs. The third tier is called "effluent limitations and enforcement." The effluent limitations may be set at a level where the only realistic manner of compliance is the adoption of BMPs. These limitations are command and control requirements for some activities, including for example WDRs for commercial nurseries, WDRs for selenium for the San Joaquin River, permitted storm water programs, erosion Control for Lake Tahoe, and WDRs for dairies.
A number of these regulations are derived from California's Porter-Cologne Act, which established the State Water Resources Control Board, along with nine regional boards that are tasked with implementing the Proter Cologne Act. The Act created state water quality standards that the boards must enforce. WDRs are one direct regulation California government agencies use under the Act to regulate NPS pollution. California has a number of other pieces of legislation that address NPS pollution, like the California Coastal Act and the California Environmental Quality Act.
s, potentially regulated entities, and the public. Government stakeholders are government agencies responsible for regulating NPS pollution. In addition to scientific results, agencies are concerned with how new regulations may influence their funding. Environmental advocacy stakeholders are organizations that aim to solve environmental problems, such as the Natural Resources Defense Council
. These groups focus on the involvement of concerned citizens. The potentially regulated entities are the industries that will be regulated under new regulation. The public is a key stackholder group, and various measures have been taken to engage the public on NPS water pollution, including the publication of citizen handbooks on NPS water pollution and online information. Environmental regulations for nonpoint sources must be expressed in directives that are specifically understandable by the regulatory target and enforceable by subsequent government intervention. The legal section above noted a number of policy options that have been used for regulating NPS water pollution. Some of the options include: volunteerism, command and control regulations, incentive based instruments, design standards, emissions limits, product bans, trading systems, subsidies, liability rules, and other options.
(CWA) is designed with this kind of direct command and control regulation for point source pollution. However, command and control regulations through the CWA apply to nonpoint source pollution a lesser extent. Total maximum daily load
s (TMDLs) are one tool in the CWA that directly regulates NPS effluent
. As noted earlier, the CWA requires state governments to set TMDLs based on both point source and NPS effluent. However, conventional command and control policies could potentially influence industry structure and cause political reluctance in the event that it could bankrupt businesses.
(OSHA) and United States Environmental Protection Agency
(EPA) have written numerous design standards on the assumption that a particular technology exists whose performance can meet the regulations. A regulatory target may prudently decide its safest course to compliance is to install that technology.
Design-based standards are widely applied to agricultural nonpoint sources, including Best Management Practices (BMPs) on cropland. For example, there can be a mandatory establishment of riparian buffer strips
between the cropland and neighboring water bodies. There are also restrictions on where and at what rates agricultural chemicals can be applied to crops. Design based standards require an effective measurement approach, like Best Management Practices, while performance standards require polluters to emit only a specified amount.
s, and food additive
s. For example, farmers were banned from using the insecticide DDT
in 1972 for their crops because it was found to be harmful to humans and wildlife.
Auctions to effectively allocate resources, like public pollution control expenses, could increase competition and maximize revenues in private markets for pollution control. This mechanism could also used to improve the efficiency and cost-effectiveness of government programs. This mechanism provides better market-based information to allocate resources effectively with lower cost. The societal goal is to reduce pollution rather than to avoid paying for unsuccessful pollution control projects. Auctions for public pollution control expenses could be a way to deal with some of the most intractable sources of pollution including nonpoint pollution sources. The government could accept bids based on units of cost per units of pollution reduced and it could pay based on proof of actual pollution reductions based on a performance measurement.
An optimal economical trading ratio for tradable permits, like through the National Pollutant Discharge Elimination System
(NPDES), which defines allowable emissions or loading amount for polluters that hold a permit. The number of polluters then becomes the key factor for this instrument. Based on the stochastic nature of nonpoint pollution, NPDES permit system for point sources can not simply be used on nonpoint sources. Although many literature reviews mention tradable permits between point sources and nonpoint sources, unfortunately, current economic literature provides little guidance as to how to set trading ratios. Important factors like environmental risk and relative contributions to ambient pollution are critical to designing the appropriate ratio.
. Emission charges are based on the polluter pays principle
, to provide added incentive for emission reduction.
A Pigouvian tax, levied on the pollution generated, uses a market mechanism to limit the amount of pollution, ultimately obtaining a socially optimal level. It not only aligns private interest with public efficiency, but also creates incentives for polluters to develop more efficient technologies to reduce nonpoint source pollution.
The application of a Pigouvian tax does generate some concern. The first concern is regarding agriculture. As stated by the EPA, agriculture is the leading source of nonpoint source pollution. A tax on pollution will negatively financially impact agriculture to a greater extent, an industry that already suffers from low profit margins.
The second problem deals with monitoring nonpoint source pollution. One of the most significant characteristics of NPS pollution is that its source cannot often be pinpointed, so monitoring may not be practically possible. In the case of agriculture, one basis for NPS controls would be to tax farmers based on the amount of erosion they cause. However, measuring erosion and topsoil is expensive. Another way is to impose special purpose district property taxes on farmland that does not adopt best management practices or employ methods to reduce nonpoint source pollution.
Another option is to tax farmers based on the amount of fertilizer
and pesticides they use. Taxes on pesticides, however, would be limited by the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) which takes into account economic impacts. However, a tax on pesticides would only reduce one source of agricultural NPS pollution and would ignore other important sources, such as livestock waste runoff from Concentrated Animal Feeding Operations (CAFOs).
Research done by Segerson “demonstrated that taxes-based approaches on ambient water quality can achieve an efficient level of nonpoint pollution, with a uniform tax appropriate for heterogeneous farmers only when marginal benefits of abating pollution are constant.” When marginal damages from pollution are uncertain, a cost-effectiveness approach is often the most useful framework. The most cost-effective policy is one that has the smallest deadweight loss
in achieving certain policy goals. One case study in Salinas Valley
in California shows a water-only tax at about $0.21/mm-ha would achieve a 20% reduction, cost roughly $138 in tax payment; a nitrogen-only tax at $0.76/kg associated with a tax bill of $79 could also achieve a 20% reduction.
The federal government has provided a number of subsidies to state NPS programs. The CZMA, for example, provides funds for state coastal NPS programs.
Liability guides compensation when polluters are sued. Liability could be strict (pay for any damages), or negotiable with the victims. However, private lawsuits are a difficult way to resolve nonpoint source pollution because it is difficult to prove NPS pollution was the proximate cause of damages. The inability to trace nonpoint sources could greatly weaken the effectiveness of liability. Agriculture is a major source for nonpoint pollution sources, including nutrients, sediments, pesticides and salts, etc. Disaster insurance for agricultural sector could be necessary for preventing nonpoint pollution based on its characteristics. The uncertainty associate with nonpoint pollution may demand an “insurance policy” to protect water quality.
s, cover crop
s, drainage management, grid sampling, manure injection, manure staging, reduced tillage practices, rotational grazing, and two stage ditches. Additional examples are offered in the nonpoint source pollution
page. The obvious problem with educational and informational tools, however, is there is no guarantee they will be implemented.
Challenge regulation or environmental contracting could also be applied. With challenge regulation, the government could establish a clear environmental performance target, while the regulated community could design and implement a program for achieving it. Environmental contracting involved an agreement between a government agency and a source to waive certain regulatory requirements in return for an enforceable commitment to achieve superior performances.
Characteristics of NPS and the differences from point source pollution indicated stricter and powerful control mechanism should be applied. Market-based approaches, design-based approaches, and command and control could be useful, and a policy tool combination or best suit tool depends on particular problem, local condition and policy goal, as well as costs and budget would be desired. The ultimate goal for controlling nonpoint pollution is to maximize environmental benefits, especially in some environmental sensitive areas, degraded areas, critical habitats for endangered species. The baseline for nonpoint pollution abatement should be attending acceptable water quality.
Collaboration among agencies is necessary. Federal agencies involved in nonpoint pollution control include Soil Conservation Service, US Forest Service, Office of Surface Mining, Bureau of Land Management, US Army Crops of Engineers, etc. Effective management of NPS pollution requires a partnership among state, federal, local agencies as well as private interests and the public. Coordination among existing programs, especially governmental spending programs, should be performance objectives. Examples of coordination include the federal construction grant program under title II of the 1972 FWPCA Amendments, which reduce municipal sewage pollution by providing necessary funds, as well as governmental spending programs like the CWA and the Farm Bill and other programs provided funding on a large number of discrete sources of nonpoint pollution sources could get a better connection to allocate funding resource effectively.
Water pollution
Water pollution is the contamination of water bodies . Water pollution occurs when pollutants are discharged directly or indirectly into water bodies without adequate treatment to remove harmful compounds....
from diffuse or nonpoint effluent
Effluent
Effluent is an outflowing of water or gas from a natural body of water, or from a human-made structure.Effluent is defined by the United States Environmental Protection Agency as “wastewater - treated or untreated - that flows out of a treatment plant, sewer, or industrial outfall. Generally refers...
sources such as polluted runoff
Surface runoff
Surface runoff is the water flow that occurs when soil is infiltrated to full capacity and excess water from rain, meltwater, or other sources flows over the land. This is a major component of the water cycle. Runoff that occurs on surfaces before reaching a channel is also called a nonpoint source...
from agricultural areas in a river catchments or wind-borne debris blowing out to sea. In the United States, governments have taken a number of legal and regulatory approaches to controlling NPS effluent. Nonpoint water pollution
Nonpoint source pollution
Nonpoint source pollution refers to both water and air pollution from diffuse sources. Nonpoint source water pollution affects a water body from sources such as polluted runoff from agricultural areas draining into a river, or wind-borne debris blowing out to sea. Nonpoint source air pollution...
sources include, for example, leakage from underground storage tanks, storm water runoff, atmospheric deposition of contaminants, and golf course, agricultural, and forestry runoff. Nonpoint sources are the most significant single source of water pollution in the United States, accounting for almost half of all water pollution, and agricultural runoff is the single largest source of nonpoint source water pollution. This water pollution has a number of detrimental effects on human health and the environment. Unlike point source
Point source (pollution)
A point source of pollution is a single identifiable localized source of air, water, thermal, noise or light pollution. A point source has negligible extent, distinguishing it from other pollution source geometries. The sources are called point sources because in mathematical modeling, they can be...
pollution, nonpoint source pollution arises from numerous and diverse sources, making identification, monitoring, and regulation more complex.
Basis for controls and regulations
The basis for nonpoint source pollution regulation is the negative direct and indirect effects on both human health and the environment caused by the pollutants in NPS effluent.Human health
Human health is most directly affected when polluted water is ingested into the body. Nonpoint source pollution can often have toxic contaminants and chemicals present in the water. Additionally, there can be both bacteria and viruses (aka pathogens) found in the water.Toxic contaminants and chemicals
Effluent from nonpoint sources may include toxic contaminates and chemical compounds including heavy metals like leadLead
Lead is a main-group element in the carbon group with the symbol Pb and atomic number 82. Lead is a soft, malleable poor metal. It is also counted as one of the heavy metals. Metallic lead has a bluish-white color after being freshly cut, but it soon tarnishes to a dull grayish color when exposed...
, mercury
Mercury (element)
Mercury is a chemical element with the symbol Hg and atomic number 80. It is also known as quicksilver or hydrargyrum...
, zinc
Zinc
Zinc , or spelter , is a metallic chemical element; it has the symbol Zn and atomic number 30. It is the first element in group 12 of the periodic table. Zinc is, in some respects, chemically similar to magnesium, because its ion is of similar size and its only common oxidation state is +2...
, and cadmium
Cadmium
Cadmium is a chemical element with the symbol Cd and atomic number 48. This soft, bluish-white metal is chemically similar to the two other stable metals in group 12, zinc and mercury. Similar to zinc, it prefers oxidation state +2 in most of its compounds and similar to mercury it shows a low...
, organics like polychlorinated biphenyls (PCBs) and polycyclic aromatic hydrocarbons (PAHs), and other substances resistant to breakdown . There are many heath effects associated with many of these toxic substances.
- LeadLeadLead is a main-group element in the carbon group with the symbol Pb and atomic number 82. Lead is a soft, malleable poor metal. It is also counted as one of the heavy metals. Metallic lead has a bluish-white color after being freshly cut, but it soon tarnishes to a dull grayish color when exposed...
- can cause damage to the nervous connections as well as blood and brain disorders. Specfic diseases include nephropathyNephropathyNephropathy refers to damage to or disease of the kidney. An older term for this is nephrosis.-Causes:Causes of nephropathy include administration of analgesics, xanthine oxidase deficiency, and long-term exposure to lead or its salts...
, colic-like abdominal pains, and anemiaAnemiaAnemia is a decrease in number of red blood cells or less than the normal quantity of hemoglobin in the blood. However, it can include decreased oxygen-binding ability of each hemoglobin molecule due to deformity or lack in numerical development as in some other types of hemoglobin...
. - MercuryMercury (element)Mercury is a chemical element with the symbol Hg and atomic number 80. It is also known as quicksilver or hydrargyrum...
- Studies have shown effects such as chronic effects including tremors, impaired cognitive skills, and sleep disturbances. Acute exposure has shown to cause chest pain, dyspneaDyspneaDyspnea , shortness of breath , or air hunger, is the subjective symptom of breathlessness.It is a normal symptom of heavy exertion but becomes pathological if it occurs in unexpected situations...
, cough, hemoptysisHemoptysisHemoptysis or haemoptysis is the expectoration of blood or of blood-stained sputum from the bronchi, larynx, trachea, or lungs Hemoptysis or haemoptysis is the expectoration (coughing up) of blood or of blood-stained sputum from the bronchi, larynx, trachea, or lungs Hemoptysis or haemoptysis ...
, impairment of pulmonary function, and evidence of damage to the lung tissue. - ZincZincZinc , or spelter , is a metallic chemical element; it has the symbol Zn and atomic number 30. It is the first element in group 12 of the periodic table. Zinc is, in some respects, chemically similar to magnesium, because its ion is of similar size and its only common oxidation state is +2...
- The U.S. Food and Drug AdministrationFood and Drug AdministrationThe Food and Drug Administration is an agency of the United States Department of Health and Human Services, one of the United States federal executive departments...
(FDA) has stated that zinc damages nerve receptors in the nose, which can cause loss of the sense of smell. Additionally, zinc toxicosis can occur in high doses of zinc. - CadmiumCadmiumCadmium is a chemical element with the symbol Cd and atomic number 48. This soft, bluish-white metal is chemically similar to the two other stable metals in group 12, zinc and mercury. Similar to zinc, it prefers oxidation state +2 in most of its compounds and similar to mercury it shows a low...
- Exposure to cadmium-containing substances can result initially in metal fume feverMetal fume feverMetal fume fever also known as brass founders' ague, brass shakes, zinc shakes, Galvie Flu, or Monday morning fever is an illness caused primarily by exposure to certain fumes...
but can progress to chemical lung damage, pulmonary edemaPulmonary edemaPulmonary edema , or oedema , is fluid accumulation in the air spaces and parenchyma of the lungs. It leads to impaired gas exchange and may cause respiratory failure...
, and even deathDeathDeath is the permanent termination of the biological functions that sustain a living organism. Phenomena which commonly bring about death include old age, predation, malnutrition, disease, and accidents or trauma resulting in terminal injury....
. - PCBs - People exposed to high levels of PCBs can exhibit skin conditions, such as rashRashA rash is a change of the skin which affects its color, appearance or texture. A rash may be localized in one part of the body, or affect all the skin. Rashes may cause the skin to change color, itch, become warm, bumpy, chapped, dry, cracked or blistered, swell and may be painful. The causes, and...
es and liverLiverThe liver is a vital organ present in vertebrates and some other animals. It has a wide range of functions, including detoxification, protein synthesis, and production of biochemicals necessary for digestion...
damage. Common symptoms include dermal and ocular lesionLesionA lesion is any abnormality in the tissue of an organism , usually caused by disease or trauma. Lesion is derived from the Latin word laesio which means injury.- Types :...
s, irregular menstrual cycleMenstrual cycleThe menstrual cycle is the scientific term for the physiological changes that can occur in fertile women for the purpose of sexual reproduction. This article focuses on the human menstrual cycle....
s and lowered immune responses. Other symptoms include fatigue, headaches, coughs, and unusual skin sores. - PAHs - The EPA has classified seven PAH compounds as probable human carcinogens: benz[a]anthracene, benzo[a]pyrene, benzo[b]fluoranthene, benzo[k]fluorantheneBenzo(k)fluorantheneBenzo[k]fluoranthene is a polycyclic aromatic hydrocarbon with the chemical formula C20H12....
, chryseneChryseneChrysene is a polycyclic aromatic hydrocarbon with the molecular formula that consists of four fused benzene rings. It is a natural constituent of coal tar, from which it was first isolated and characterized...
, dibenz(a,h)anthraceneDibenz(a,h)anthraceneDibenzanthracene is an organic compound with the chemical formula C22H14....
, and indeno(1,2,3-cd)pyrene.
Pathogens
Pathogens are bacteria and viruses that can be found in water and cause diseases in humans. Pathogens found in contaminated runoff may include:- Cryptosporidium parvumCryptosporidium parvumCryptosporidium parvum is one of several protozoal species that cause cryptosporidiosis, a parasitic disease of the mammalian intestinal tract....
- Primary symptoms of C. parvum infection are diarrhoea. Other symptoms can include anorexiaAnorexia (symptom)Anorexia is the decreased sensation of appetite...
, nauseaNauseaNausea , is a sensation of unease and discomfort in the upper stomach with an involuntary urge to vomit. It often, but not always, precedes vomiting...
/vomitingVomitingVomiting is the forceful expulsion of the contents of one's stomach through the mouth and sometimes the nose...
and abdominalAbdomenIn vertebrates such as mammals the abdomen constitutes the part of the body between the thorax and pelvis. The region enclosed by the abdomen is termed the abdominal cavity...
pain. - Giardia lambliaGiardia lambliaGiardia lamblia is a flagellated protozoan parasite that colonizes and reproduces in the small intestine, causing giardiasis. The giardia parasite attaches to the epithelium by a ventral adhesive disc, and reproduces via binary fission...
- Symptoms of infection include diarrhea, malaiseMalaiseMalaise is a feeling of general discomfort or uneasiness, of being "out of sorts", often the first indication of an infection or other disease. Malaise is often defined in medicinal research as a "general feeling of being unwell"...
, excessive gas, steatorrhoea, epigastric pain, bloating, nausea, vomiting, diminished interest in food, and weight loss. - SalmonellaSalmonellaSalmonella is a genus of rod-shaped, Gram-negative, non-spore-forming, predominantly motile enterobacteria with diameters around 0.7 to 1.5 µm, lengths from 2 to 5 µm, and flagella which grade in all directions . They are chemoorganotrophs, obtaining their energy from oxidation and reduction...
- Symptoms are usually gastrointestinal. This can include nauseaNauseaNausea , is a sensation of unease and discomfort in the upper stomach with an involuntary urge to vomit. It often, but not always, precedes vomiting...
, vomitingVomitingVomiting is the forceful expulsion of the contents of one's stomach through the mouth and sometimes the nose...
, abdominal cramps and bloody diarrheaDiarrheaDiarrhea , also spelled diarrhoea, is the condition of having three or more loose or liquid bowel movements per day. It is a common cause of death in developing countries and the second most common cause of infant deaths worldwide. The loss of fluids through diarrhea can cause dehydration and...
with mucusMucusIn vertebrates, mucus is a slippery secretion produced by, and covering, mucous membranes. Mucous fluid is typically produced from mucous cells found in mucous glands. Mucous cells secrete products that are rich in glycoproteins and water. Mucous fluid may also originate from mixed glands, which...
, headacheHeadacheA headache or cephalalgia is pain anywhere in the region of the head or neck. It can be a symptom of a number of different conditions of the head and neck. The brain tissue itself is not sensitive to pain because it lacks pain receptors. Rather, the pain is caused by disturbance of the...
, and fatigue. - Parasitic wormParasitic wormParasitic worms or helminths are a division of eukaryoticparasites that, unlike external parasites such as lice and fleas, live inside their host. They are worm-like organisms that live and feed off living hosts, receiving nourishment and protection while disrupting their hosts' nutrient...
s (helminths) - Conditions associated with intestinal helminth infection include intestinal obstruction, insomniaInsomniaInsomnia is most often defined by an individual's report of sleeping difficulties. While the term is sometimes used in sleep literature to describe a disorder demonstrated by polysomnographic evidence of disturbed sleep, insomnia is often defined as a positive response to either of two questions:...
, vomitingVomitingVomiting is the forceful expulsion of the contents of one's stomach through the mouth and sometimes the nose...
, weakness, and stomach pains.
Environment
The environment is impacted by nonpoint source pollution through the input of sediment and nutrients from multiple sources directly into the water system.Toxic contaminants and chemicals
Toxic chemicals and contaminants, like motor oilMotor oil
Motor oil or engine oil is an oil used for lubrication of various internal combustion engines. The main function is to lubricate moving parts; it also cleans, inhibits corrosion, improves sealing, and cools the engine by carrying heat away from moving parts.Motor oils are derived from...
, fuel, and industrial facility waste can enter the water system by storm water runoff. These chemicals, many of which can contain heavy metals
Heavy metals
A heavy metal is a member of a loosely-defined subset of elements that exhibit metallic properties. It mainly includes the transition metals, some metalloids, lanthanides, and actinides. Many different definitions have been proposed—some based on density, some on atomic number or atomic weight,...
, can enter the water system and coat the species present in the water. This can lead to death of the aquatic organisms which can cause increases in the amount of nutrients in the system from the decaying animals.
Sediment
SedimentSediment
Sediment is naturally occurring material that is broken down by processes of weathering and erosion, and is subsequently transported by the action of fluids such as wind, water, or ice, and/or by the force of gravity acting on the particle itself....
or suspended sediment in the water is soil that would not normally be present in the water column. When the sediment is suspended up in the water column, it blocks out the sunlight which is needed by bottom dwelling plants. If these plants, called submerged aquatic vegetation, are deprived of sunlight for a significant amount of time, they will die. These plants are a significant source of food for many aquatic organisms as well as trap oxygen and sediment. When there is an excess of dying plants in an aquatic ecosystem, it can lead to eutophic
Eutrophication
Eutrophication or more precisely hypertrophication, is the movement of a body of water′s trophic status in the direction of increasing plant biomass, by the addition of artificial or natural substances, such as nitrates and phosphates, through fertilizers or sewage, to an aquatic system...
or hypoxic
Hypoxia (environmental)
Hypoxia, or oxygen depletion, is a phenomenon that occurs in aquatic environments as dissolved oxygen becomes reduced in concentration to a point where it becomes detrimental to aquatic organisms living in the system...
conditions in the water body.
Nutrients
The primary nutrients found in water due to nonpoint source pollution are nitrogenNitrogen
Nitrogen is a chemical element that has the symbol N, atomic number of 7 and atomic mass 14.00674 u. Elemental nitrogen is a colorless, odorless, tasteless, and mostly inert diatomic gas at standard conditions, constituting 78.08% by volume of Earth's atmosphere...
and phosphorus
Phosphorus
Phosphorus is the chemical element that has the symbol P and atomic number 15. A multivalent nonmetal of the nitrogen group, phosphorus as a mineral is almost always present in its maximally oxidized state, as inorganic phosphate rocks...
from fertilizers. An influx of these nutrients can lead to eutrophication
Eutrophication
Eutrophication or more precisely hypertrophication, is the movement of a body of water′s trophic status in the direction of increasing plant biomass, by the addition of artificial or natural substances, such as nitrates and phosphates, through fertilizers or sewage, to an aquatic system...
within the water. This is when there is an excess of nutrients in water, thus leading to an explosion in the growth of algae
Algae
Algae are a large and diverse group of simple, typically autotrophic organisms, ranging from unicellular to multicellular forms, such as the giant kelps that grow to 65 meters in length. They are photosynthetic like plants, and "simple" because their tissues are not organized into the many...
. The algae can cover the lake and block sunlight from reaching the organisms below, typically killing them.
Legal framework
NPS water pollution is regulated at the federal, state, and local level. Yet, the pollution persists and remains a significant problem. There a number of reasons why current regulations have failed to stem the flow of pollution. NPS water pollution comes from numerous and diverse sources, and control measures are expensive to implement. Also, local governments are generally responsible for implementing NPS regulations. Coordination among localities can be difficult, and, furthermore, localities often lack the incentive to rigorously enforce NPS regulations because their NPS pollution is exported downriver, where other towns and cities must deal with the consequences. This section will introduce the laws currently in place at the federal, state, and local level that regulate NPS water pollution. It will also discuss some of the successes and failures of those regulations.Federal laws
There are three primary federal laws effecting NPS water pollution: the Clean Water Act, the Clean Water Action Plan, and the Coastal Zone Management Act.Clean Water Act
The legal framework referred to as the "Clean Water ActClean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
" (CWA) has its statutory
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
basis in the Water Pollution Control Act of 1948, which was the first federal regulation designed to address water pollution. The Clean Water Act has been amended many times, but the CWA amendments of 1972 provide the core statutory basis for the regulation of point source water pollution and created the National Pollution Discharge Elimination System permit program. The CWA amendments of 1972 were also the first instance where Congress acknowledged the problem of NPS water pollution through the passage of section 208 of the CWA. Congress passed additional amendments to the CWA in 1987 that address NPS water pollution. This section will chronologically address the parts of the CWA that regulate NPS water pollution.
Defining NPS water pollution in the CWA
The definition of NPS water pollution is open to interpretation. However, federal regulation under the CWA provides a specific legal definition for the term. A "nonpoint source" is defined as any source of water pollution that is not a "point source" as defined in section 502(14) of the Clean Water Act. That definition states: "The term 'point source' means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural storm water discharges and return flows from irrigated agriculture."
There are important differences between point source pollution and NPS pollution. There are many more nonpoint sources than there are point sources, and they are more discrete than nonpoint sources. Furthermore, nonpoint source discharges are not always easily observed, and monitoring nonpoint pollution can be costly. Another difference is that NPS pollution will vary over time and space based on different weather and geographic conditions. All the above factors make nonpoint pollution more difficult to regulate than point sources.
Section 208
Section 208 was Congress' first attempt to regulate NPS water pollution, and it directed states and local governments to create management plans that identified future waste treatment needs and identify and control NPS water pollution. The section notes that any areawide management plan must discuss how to identify “agriculturally and silviculturally related nonpoint sources of pollution,” and “runoff from manure disposal areas, and from land used for livestock and crop production.” Section 208 is in essence a federal funding mechanism for state programs that attempt to control NPS pollution, but its meager funding was completely used up by 1980. Section 208 was widely considered a failure because it did little to actually reduce NPS pollution. It created a voluntary provision that directs states to study whether regulatory controls are needed. The section placed full control over regulation of NPS water pollution with the states and did not provide any mechanisms to actually control NPS water pollution.
Section 319
After section 208's failure to control NPS water pollution, in 1987 Congress passed the Water Quality Act and created the new section 319 to address the problem of nonpoint sources. However, some critics have argued that section 319 provides little improvement over section 208. The section requires states to identify water bodies that cannot meet water-quality standards without control of nonpoint sources. The states must then identify best management practices and measures for those impaired sources, along with an implementation plan. The EPA approves these plans, and if a state fails to develop a plan, the EPA must do so for the state. However, there are a number of problems with these provisions. Funding to develop the plans has been scarce. The section does not actually place limits on NPS pollution, and states are not even required implement the plans they create. Another problem with 319 (and 208) is that there is no enforcement mechanism In the case Natural Resource Defense Council v. EPA, 915 F.2d 1314, 1318 (9th Cir. 1990), the court held that “Section 319 does not require states to penalize nonpoint source polluters who fail to adopt best management practices; rather it provides for grants to encourage the adoption of such practices.”
Section 404
Section 404 of the CWA requires that a permit be obtained from the U.S. Army Corp of Engineers for the "discharge of dredged and fill material into the navigable waters at specified disposal sites." The 404 permit process is frequently used to protect wetlands, which are essential to the control of nonpoint pollution because they slow the rate of surface water runoff and remove sediment and other pollutants before they reach lakes and streams. While these permitting procedures may result in decreased NPS water pollution to wetlands, developers may simply relocate to an alternative location and still cause the release of NPS water pollution.
Total maximum daily loads (TMDL)
CWA section 303(d)(1)(C) requires states to identify waterbodies that do not meet water quality standards after application of the technology-based standards for point source pollution. States must then establish a TMDL for those water bodies to bring them into compliance with water quality standards. The standards are submitted to the EPA for approval. As TMDLs are looking at the total amount of loading, this by definition includes nonpoint sources, so if nonpoint sources are impairing a body of water, the TMDL would have to address a way to reduce those nonpoint sources. In the case of Pronsolinoz v. Nastri, 291 F.3d 1123 (9th Cir. 2002), the court held that TMDLs are required even if a body of water fails to meet quality standards entirely due to nonpoint sources.
Concentrated Animal Feeding Operations
Depending on the number of animals at a particular site, Concentrated Animal Feeding Operations (CAFOs) may generate significant amounts of manure. One method to remove the manure is to apply it to land for fertilization. However, in an effort to dispose of manure at a reduced costs, some CAFOs have applied excess amounts of manure to land areas. The excess amounts of manure may then be washed away by rain into surface waters. This practice was a key feature in the U.S. Court of Appeals case Waterkeeper Alliance, et al. v. EPA, 399 F.3d 486 (2d Cir. 2005). Based on that case, the EPA created its 2008 CAFO Rule. The Rule notes that the CWA specifically exempts agricultural storm water runoff from being considered a point source, but, based on the Court of Appeals' decision in the Waterkeeper case, the EPA may treat land applications of excessive amounts of manure as a point source. So while in general agricultural storm water runoff from CAFOs is a nonpoint source, CAFOs may end up requiring a National Pollution Discharge Elimination System permit under the CWA.
Clean Water Action Plans
There have been two "clean water action plans" proposed by by federal authorities that would affect NPS water pollution. They are both executive orderExecutive order
An executive order in the United States is an order issued by the President, the head of the executive branch of the federal government. In other countries, similar edicts may be known as decrees, or orders in council. Executive orders may also be issued at the state level by a state's governor or...
s, not pieces of legislation from Congress. The first was a proposal from President Bill Clinton in 1998. The second, and more recent, proposal was from the Obama administration in 2009. Both proposals provide funding and guidance to address NPS water pollution.
Coastal Zone Management Act
The Coastal Zone Management ActCoastal Zone Management Act
The Coastal Zone Management Act of 1972 is an Act of Congress passed in 1972 to encourage coastal states to develop and implement coastal zone management plans...
(CZMA) was passed in 1972 and provides for the management of the nation's coast lands and the Great Lakes. When Congress reauthorized the CZMA in 1990, it identified NPS water pollution as a significant factor in the degradation of coastal waters. To address NPS water pollution in coastal areas, the 1990 amendments to the CZMA created the Coastal Zone Enhancement Grants (CZEG) Program. The states must submit information on their programs to the Secretary of Commerce and the EPA Administrator, who are in charge of approving the plan. The plan is to be implemented in conjunction with the states NPS water pollution plan under section 319 of the CWA and through changes in the overall coastal zone management program. If a state does not submit an approved program, the state may lose a percentage of the grant money provided under the CZMA and under section 319 of the CWA. The EPA is also to provide some guidance to states in developing their NPS coastal management plans through the publication of national guidelines on management measures. These management measures must be economically achievable for new and existing NPS water pollution and must reduce pollution to the greatest extent achievable through the current best management practices.
State & local laws
States have primary responsibility for implementing NPS water pollution regulations. Both the CZMA and the CWA direct the states to draft and implement NPS plans, and the federal government plays a limited role. As noted in the previous section on federal regulations, the CWA and CZMA provide financing for states to implement NPS programs, and those NPS programs have taken a variety of forms. The majority of state plans rely on education and technical assistance, including the development of best management practices, to reduce NPS water pollution. Local governments also have an important role to play in NPS regulation. Local municipality, water conservation districts and other entities with land management responsibility provide planning, zoning, and technical and informational assistance to control NPS pollution. While the approaches states and local governments have taken to regulating NPS water pollution are perhaps too numerous to count, a survey of a few state approaches can provide insight on common NPS implementation plans.Indiana
Indiana uses a common approach to address NPS pollution known as the watershedDrainage basin
A drainage basin is an extent or an area of land where surface water from rain and melting snow or ice converges to a single point, usually the exit of the basin, where the waters join another waterbody, such as a river, lake, reservoir, estuary, wetland, sea, or ocean...
approach. A watershed includes "the total geographic area that drains storm water (and pollutants) to a particular stream, lake, aquifer, or other water body." The watershed approach to addressing NPS water pollution attempts to holistically address all the relevant water bodies in the context of their watershed while also considering all the potential sources of pollution within a watershed.
The Indiana Department of Environmental Management (IDEM) was required under section 303(d) of the CWA to create a list of impaired waters for which TMDLs would be required. IDEM's NPS and watershed efforts concentrate on these impaired water resources. Implementation of TMDLs is managed by local watershed organizations, and NPS pollution controls are only voluntary. Watershed groups use funding from IDEM to create incentive programs for the use of best management practices, as well as provide public information and education. Funding sources for NPS pollution regulation in Indiana include CWA 319(h) grants; CWA 205(j) grants; grants from the Environmental Quality Incentives Program of the Food, Conservation, and Energy Act of 2008; and a wide variety of foundations and individual fundraising. Zoning ordinances may also be structured in a way that limits NPS water pollution.
California
California's NPS plan requires coordination from 28 different state agencies, which reveals the institutional challenges NPS regulation may encounter. The State Water Resources Control Board's Division of Water Quality and the California Coastal Commission (CCC), designed California's NPS plan pursuant to the CWA and the Federal Coastal Zone Act Reauthorization Amendments of 1990. California's NPS plan for 1998-2013 is available here: http://www.swrcb.ca.gov/water_issues/programs/nps/docs/planvol1.pdf. The plan notes that California, like Indiana, uses a watershed management approach to controlling NPS pollution.The plan began by identifying roughly 1,500 water body-pollutant combinations that would require a TMDL under the CWA section 303(d).
The plan takes a three tiered approach to implement management measures for NPS pollution. The first tier considers "self-determined implementation of best management practices." This essentially considers voluntary programs, grants, and education. California has a number of educational programs designed to help alert local policymakers to the problems associated with NPS pollution, including the California Water and Land Use Partnership and the Model Urban Runoff Program. Incentive programs under this tier include measure like financial assistance for local watershed stewardship projects through grants from the CWA section 319 and environmental quality incentives programs for implementation cost-sharing. The first tier is less stringent than tiers two or three. The second tier of the plan is called the "regulatory-based encouragement of management practices." The second tier essentially works by allowing polluters to adopt certain managements measures that discourage NPS pollution rather than go through various permitting procedures. Regional water quality control boards may work with landowners and resource managers to waive the adoption of waste discharge requirements (WDRs), a type of effluent limitation, if a polluter adopts certain BMPs. The third tier is called "effluent limitations and enforcement." The effluent limitations may be set at a level where the only realistic manner of compliance is the adoption of BMPs. These limitations are command and control requirements for some activities, including for example WDRs for commercial nurseries, WDRs for selenium for the San Joaquin River, permitted storm water programs, erosion Control for Lake Tahoe, and WDRs for dairies.
A number of these regulations are derived from California's Porter-Cologne Act, which established the State Water Resources Control Board, along with nine regional boards that are tasked with implementing the Proter Cologne Act. The Act created state water quality standards that the boards must enforce. WDRs are one direct regulation California government agencies use under the Act to regulate NPS pollution. California has a number of other pieces of legislation that address NPS pollution, like the California Coastal Act and the California Environmental Quality Act.
Policy instruments and regulatory approaches
There are five primary stakeholders involved in NPS water pollution regulation: government agencies, environmental advocacy groupAdvocacy group
Advocacy groups use various forms of advocacy to influence public opinion and/or policy; they have played and continue to play an important part in the development of political and social systems...
s, potentially regulated entities, and the public. Government stakeholders are government agencies responsible for regulating NPS pollution. In addition to scientific results, agencies are concerned with how new regulations may influence their funding. Environmental advocacy stakeholders are organizations that aim to solve environmental problems, such as the Natural Resources Defense Council
Natural Resources Defense Council
The Natural Resources Defense Council is a New York City-based, non-profit, non-partisan international environmental advocacy group, with offices in Washington DC, San Francisco, Los Angeles, Chicago, and Beijing...
. These groups focus on the involvement of concerned citizens. The potentially regulated entities are the industries that will be regulated under new regulation. The public is a key stackholder group, and various measures have been taken to engage the public on NPS water pollution, including the publication of citizen handbooks on NPS water pollution and online information. Environmental regulations for nonpoint sources must be expressed in directives that are specifically understandable by the regulatory target and enforceable by subsequent government intervention. The legal section above noted a number of policy options that have been used for regulating NPS water pollution. Some of the options include: volunteerism, command and control regulations, incentive based instruments, design standards, emissions limits, product bans, trading systems, subsidies, liability rules, and other options.
Volunteerism
Volunteerism mainly depends on polluters’ moral constraints and social pressure. Public education and information about nonpoint pollution provide control mechanism. This is a weak, but common, option for NPS regulation when compared to other regulatory options. It is weak because it doesn't require any action be taken; it relies on polluters taking action themselves.Command and control
Command and control policies are direct government regulations. The Clean Water ActClean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
(CWA) is designed with this kind of direct command and control regulation for point source pollution. However, command and control regulations through the CWA apply to nonpoint source pollution a lesser extent. Total maximum daily load
Total Maximum Daily Load
A Total Maximum Daily Load is a regulatory term in the U.S. Clean Water Act, describing a value of the maximum amount of a pollutant that a body of water can receive while still meeting water quality standards...
s (TMDLs) are one tool in the CWA that directly regulates NPS effluent
Effluent
Effluent is an outflowing of water or gas from a natural body of water, or from a human-made structure.Effluent is defined by the United States Environmental Protection Agency as “wastewater - treated or untreated - that flows out of a treatment plant, sewer, or industrial outfall. Generally refers...
. As noted earlier, the CWA requires state governments to set TMDLs based on both point source and NPS effluent. However, conventional command and control policies could potentially influence industry structure and cause political reluctance in the event that it could bankrupt businesses.
Economic incentives
Incentive based instruments include performance incentives, like taxes on nonpoint pollution sources; design incentives, like subsidies on inputs and control technology; market-based approaches, like trading and/or abatement allowances. Economic incentives are frequently used to control NPS pollution, and include things like the CWA section 319 and 208 grants. Below, different economic incentives are listed along with explanations and how they apply to NPS pollution.Design standards or technology specifications
These types of regulations specify how a certain plant, piece of machinery, or pollution control apparatus should be designed. The Occupational Safety and Health AdministrationOccupational Safety and Health Administration
The United States Occupational Safety and Health Administration is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970...
(OSHA) and United States Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
(EPA) have written numerous design standards on the assumption that a particular technology exists whose performance can meet the regulations. A regulatory target may prudently decide its safest course to compliance is to install that technology.
Design-based standards are widely applied to agricultural nonpoint sources, including Best Management Practices (BMPs) on cropland. For example, there can be a mandatory establishment of riparian buffer strips
Riparian zone
A riparian zone or riparian area is the interface between land and a river or stream. Riparian is also the proper nomenclature for one of the fifteen terrestrial biomes of the earth. Plant habitats and communities along the river margins and banks are called riparian vegetation, characterized by...
between the cropland and neighboring water bodies. There are also restrictions on where and at what rates agricultural chemicals can be applied to crops. Design based standards require an effective measurement approach, like Best Management Practices, while performance standards require polluters to emit only a specified amount.
Performance standards or emission limits
Performance standards or emission limits are types of regulations that set an objective or performance level for the regulatory target to meet. What makes these regulatory approaches unique is that they do not specify how the polluter must meet the standard. These regulations can include emission limits that specify the rate, amount, and kinds of pollutants that may be emitted from a given source over a specific period. The EPA's various effluent limitations for water pollution under the Clean Water Act are simply a few of the many environmental regulations that are nominally performance standards.Product bans and use limitations
These prohibit a product or activity or limit its use. Product bans and limitations apply to NPS pollution through restrictions on things like chemicals, pesticidePesticide
Pesticides are substances or mixture of substances intended for preventing, destroying, repelling or mitigating any pest.A pesticide may be a chemical unicycle, biological agent , antimicrobial, disinfectant or device used against any pest...
s, and food additive
Food additive
Food additives are substances added to food to preserve flavor or enhance its taste and appearance.Some additives have been used for centuries; for example, preserving food by pickling , salting, as with bacon, preserving sweets or using sulfur dioxide as in some wines...
s. For example, farmers were banned from using the insecticide DDT
DDT
DDT is one of the most well-known synthetic insecticides. It is a chemical with a long, unique, and controversial history....
in 1972 for their crops because it was found to be harmful to humans and wildlife.
Marketable allowances and trading system
Marketable allowances are a regulatory approach that allows companies to buy and sell pollution rights. This type of regulation uses market forces to ensure that pollution is reduced in the least costly manner to the polluter. Under a marketable allowance system, there is a presumption that permits will be traded to those companies which have the highest pollution abatement costs. These companies would then sell their allowances to other companies for whom such reductions would be more expensive.Auctions to effectively allocate resources, like public pollution control expenses, could increase competition and maximize revenues in private markets for pollution control. This mechanism could also used to improve the efficiency and cost-effectiveness of government programs. This mechanism provides better market-based information to allocate resources effectively with lower cost. The societal goal is to reduce pollution rather than to avoid paying for unsuccessful pollution control projects. Auctions for public pollution control expenses could be a way to deal with some of the most intractable sources of pollution including nonpoint pollution sources. The government could accept bids based on units of cost per units of pollution reduced and it could pay based on proof of actual pollution reductions based on a performance measurement.
An optimal economical trading ratio for tradable permits, like through the National Pollutant Discharge Elimination System
Clean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
(NPDES), which defines allowable emissions or loading amount for polluters that hold a permit. The number of polluters then becomes the key factor for this instrument. Based on the stochastic nature of nonpoint pollution, NPDES permit system for point sources can not simply be used on nonpoint sources. Although many literature reviews mention tradable permits between point sources and nonpoint sources, unfortunately, current economic literature provides little guidance as to how to set trading ratios. Important factors like environmental risk and relative contributions to ambient pollution are critical to designing the appropriate ratio.
Pollution taxes or emission charges
Pollution taxes and emission charges can internalize the social costs of activities that damage public health or the environmentNatural environment
The natural environment encompasses all living and non-living things occurring naturally on Earth or some region thereof. It is an environment that encompasses the interaction of all living species....
. Emission charges are based on the polluter pays principle
Polluter pays principle
In environmental law, the polluter pays principle is enacted to make the party responsible for producing pollution responsible for paying for the damage done to the natural environment. It is regarded as a regional custom because of the strong support it has received in most Organisation for...
, to provide added incentive for emission reduction.
A Pigouvian tax, levied on the pollution generated, uses a market mechanism to limit the amount of pollution, ultimately obtaining a socially optimal level. It not only aligns private interest with public efficiency, but also creates incentives for polluters to develop more efficient technologies to reduce nonpoint source pollution.
The application of a Pigouvian tax does generate some concern. The first concern is regarding agriculture. As stated by the EPA, agriculture is the leading source of nonpoint source pollution. A tax on pollution will negatively financially impact agriculture to a greater extent, an industry that already suffers from low profit margins.
The second problem deals with monitoring nonpoint source pollution. One of the most significant characteristics of NPS pollution is that its source cannot often be pinpointed, so monitoring may not be practically possible. In the case of agriculture, one basis for NPS controls would be to tax farmers based on the amount of erosion they cause. However, measuring erosion and topsoil is expensive. Another way is to impose special purpose district property taxes on farmland that does not adopt best management practices or employ methods to reduce nonpoint source pollution.
Another option is to tax farmers based on the amount of fertilizer
Fertilizer
Fertilizer is any organic or inorganic material of natural or synthetic origin that is added to a soil to supply one or more plant nutrients essential to the growth of plants. A recent assessment found that about 40 to 60% of crop yields are attributable to commercial fertilizer use...
and pesticides they use. Taxes on pesticides, however, would be limited by the Federal Insecticide, Fungicide, and Rodenticide Act
Federal Insecticide, Fungicide, and Rodenticide Act
The Federal Insecticide, Fungicide, and Rodenticide Act , et seq. is a United States federal law that set up the basic U.S. system of pesticide regulation to protect applicators, consumers, and the environment. It is administered by the Environmental Protection Agency and the appropriate...
(FIFRA) which takes into account economic impacts. However, a tax on pesticides would only reduce one source of agricultural NPS pollution and would ignore other important sources, such as livestock waste runoff from Concentrated Animal Feeding Operations (CAFOs).
Research done by Segerson “demonstrated that taxes-based approaches on ambient water quality can achieve an efficient level of nonpoint pollution, with a uniform tax appropriate for heterogeneous farmers only when marginal benefits of abating pollution are constant.” When marginal damages from pollution are uncertain, a cost-effectiveness approach is often the most useful framework. The most cost-effective policy is one that has the smallest deadweight loss
Deadweight loss
In economics, a deadweight loss is a loss of economic efficiency that can occur when equilibrium for a good or service is not Pareto optimal...
in achieving certain policy goals. One case study in Salinas Valley
Salinas Valley
The Salinas Valley lies south of San Francisco, California.The word "salina" is spanish for salt marsh, salt lake or salt pan.-Geography:The Salinas Valley runs approximately south-east from Salinas towards King City. The valley lends its name to the geologic province in which it's located, the...
in California shows a water-only tax at about $0.21/mm-ha would achieve a 20% reduction, cost roughly $138 in tax payment; a nitrogen-only tax at $0.76/kg associated with a tax bill of $79 could also achieve a 20% reduction.
Subsidies
Subsidies are the converse of taxes. Corporate investments beneficial to the environment can be encouraged by providing companies with public funds, tax breaks, or other benefits to subsidize such activities. In the past, subsidies frequently promoted environmentally destructive activities. Elimination of such subsidies can be a means to promote environmental protections. However, subsidy programs are not without problems. They are often difficult to revise or abandon, may result in a freerider effect, and may have unintended effects that negate some benefitsThe federal government has provided a number of subsidies to state NPS programs. The CZMA, for example, provides funds for state coastal NPS programs.
Deposit refund systems
A deposit/refund scheme for contaminants like pesticides, which is similar to current programs for beverage containers could potentially reduce uncontrolled disposal, over-use, and recycling for pesticides. For example, the retail dealer could pay a deposit when purchasing pesticides, and pass the deposit to consumers, who could receive a refund when he or she returned the container to dealers.Liability rules and insurance requirements
Some statutes strengthen common law rules imposing liability for environmental damage. Regulations issued under other statutes are intended to increase the effectiveness of liability rules by requiring that facilities seeking permits to handle hazardous materials have sufficient insurance or other resources to pay for potential damage caused by their activities.Liability guides compensation when polluters are sued. Liability could be strict (pay for any damages), or negotiable with the victims. However, private lawsuits are a difficult way to resolve nonpoint source pollution because it is difficult to prove NPS pollution was the proximate cause of damages. The inability to trace nonpoint sources could greatly weaken the effectiveness of liability. Agriculture is a major source for nonpoint pollution sources, including nutrients, sediments, pesticides and salts, etc. Disaster insurance for agricultural sector could be necessary for preventing nonpoint pollution based on its characteristics. The uncertainty associate with nonpoint pollution may demand an “insurance policy” to protect water quality.
Information and education
A number of policies have been developed that are intended to inform regulators and private citizens as to how NPS effluent can be better controlled. One example is with the CZMA mentioned earlier, the EPA is required to provide states with a listing of best management practices (BMPs) for controlling NPS coastal pollution. BMPs are state-of-the-art methods to treat NPS pollution. There is no shortage of BMPs to reduce NPS pollution. For agriculture, examples of BMPs include: conservation easementConservation easement
In the United States, a conservation easement is an encumbrance — sometimes including a transfer of usage rights — which creates a legally enforceable land preservation agreement between a landowner and a government agency or a qualified land...
s, cover crop
Cover crop
Cover crops are crops planted primarily to manage soil fertility, soil quality, water, weeds, pests, diseases, biodiversity and wildlife in agroecosystems , ecological systems managed and largely shaped by humans across a range of intensities to produce food, feed, or fiber.Cover crops are of...
s, drainage management, grid sampling, manure injection, manure staging, reduced tillage practices, rotational grazing, and two stage ditches. Additional examples are offered in the nonpoint source pollution
Nonpoint source pollution
Nonpoint source pollution refers to both water and air pollution from diffuse sources. Nonpoint source water pollution affects a water body from sources such as polluted runoff from agricultural areas draining into a river, or wind-borne debris blowing out to sea. Nonpoint source air pollution...
page. The obvious problem with educational and informational tools, however, is there is no guarantee they will be implemented.
Other potential policy instruments for nonpoint pollution
To evaluate these tools' potential, some economic, distributional and political characteristics should be considered: economic performance, administration and enforcement costs, flexibility, incentives for innovation and political feasibility.Challenge regulation or environmental contracting could also be applied. With challenge regulation, the government could establish a clear environmental performance target, while the regulated community could design and implement a program for achieving it. Environmental contracting involved an agreement between a government agency and a source to waive certain regulatory requirements in return for an enforceable commitment to achieve superior performances.
Challenges for regulation
Nonpoint source controls are difficult to coordinate because they are usually administered by local rather than state government. Local governments do not have an incentive to adopt nonpoint source controls because their nonpoint pollution usually is exported elsewhere. Another problem is the pervasiveness of nonpoint pollution. A major strategy controls nonpoint pollution at the source by reducing surface runoff through the use of best management practices (BMPs). But BMPs are fragmented and difficult to coordinate because of the great variety in nonpoint sources and because they are administered by local governments. Another obstacle to control nonpoint pollution is that the nonpoint source may be unable to internalize the cost of the control or pass it on to consumers. Besides, policy instruments and policy combination should have strong legal enforcement like liability to insure transparency in transaction and prevent failure in market based instruments.Characteristics of NPS and the differences from point source pollution indicated stricter and powerful control mechanism should be applied. Market-based approaches, design-based approaches, and command and control could be useful, and a policy tool combination or best suit tool depends on particular problem, local condition and policy goal, as well as costs and budget would be desired. The ultimate goal for controlling nonpoint pollution is to maximize environmental benefits, especially in some environmental sensitive areas, degraded areas, critical habitats for endangered species. The baseline for nonpoint pollution abatement should be attending acceptable water quality.
Collaboration among agencies is necessary. Federal agencies involved in nonpoint pollution control include Soil Conservation Service, US Forest Service, Office of Surface Mining, Bureau of Land Management, US Army Crops of Engineers, etc. Effective management of NPS pollution requires a partnership among state, federal, local agencies as well as private interests and the public. Coordination among existing programs, especially governmental spending programs, should be performance objectives. Examples of coordination include the federal construction grant program under title II of the 1972 FWPCA Amendments, which reduce municipal sewage pollution by providing necessary funds, as well as governmental spending programs like the CWA and the Farm Bill and other programs provided funding on a large number of discrete sources of nonpoint pollution sources could get a better connection to allocate funding resource effectively.