implementation tools for water quality regulation module 22, part b – implementation tools

IMPLEMENTATION TOOLS FOR WATER QUALITY

REGULATION

Module 22, part b – Implementation Tools

Developed by: Desotelle Updated: U6-m22b-s2

Objectives

Students will be able to: describe tools that are used to achieve common water

quality goals. outline the history and coverage of the National

Pollutant Discharge Elimination System. discuss the effects of Section 404 on wetlands and

other bodies of water. evaluate the effects of Section 401 on state water

quality. explain the parameters of Section 319 program for

nonpoint sources. state the key components to the Clean Water State

Revolving Fund.


Tools to help achieve water quality goals

What are tools

Common permit programs

Common grant programs

Other applicable regulations


What are tools?

Tools are used to help implement policies or goals.

Tools are often described as strategies in a water management plan.

Widely used tools include: Encouragement Incentives Regulation Land acquisition or public ownership


Encouragement

Incentives

Regulation

Acquisition/Public Ownership

Tools defined


Cost

Political Will

Market Characteristics

Permanency

Importance of Goal

What is the right tool for the task?


Why use encouragement or education?

Use market forces to realize community goals.

Preserve property rights. Reduce program and

implementation costs. Education has long-term impacts.


Why use incentives?

To compensate for market failure or market barriers.

Preserve rights of property owners.

To speed realization of the community’s vision.

To ensure long-term consistency with the community vision.

Money talks

Tax Breaks for

Buffers with Native Plants

Tax Breaks for

Buffers with Native Plants


Why use regulation?

Regulations clearly tell people what’s expected of them.

Compliance is highest when actions are mandated.

Regulations treat everyone the same way. Regulations balance interests of the

community with those of individuals.


Why use acquisition?

To acquire lands needed to permanently protect local water and environmental resources.

To provide permanent protection of lands for the good of the whole community. Most programs require willingness by landowner

to sell the parcels to the government. Probably never will be, sufficient public funding

available to acquire outright all the important water resource lands that need protection.


Implementing water quality regulations

Water quality laws have already been established. This is a regulation tool, however, the same tools can be used to ensure compliance of a regulation: Regulation uses permit programs and

enforcement. This is the tool most frequently applied.

Encouragement through education and public process is also used as a tool to motivate people to “do the right thing”.

Incentives are available through local government grants to help fund the regulations.


Regulation of the CWA

The CWA provides a number of regulatory and voluntary tools that can be useful in achieving needed reductions.

These tools are not the only answer. Other programs may also be able to provide tools on the local level.


Regulation using permit programs

Section 402 better known as the National Pollutant Discharge Elimination System (NPDES) program.

Section 404 program regulates filling of wetlands and other waters.

Section 401 requires a state water quality certification before a permit is issued.


Section 402 - History

1970’s began to realize that storm water was a major problem (point sources)

1980’s development of the National Urban Runoff Program and other studies

1990’s development of the NPDES Phase I storm water program (nonpoint sources)

2000 development of the NPDES Phase II stormwater pollution prevention program (nonpoint sources)


Section 402 - NPDES coverage

Industrial and municipal discharges Mining operations Animal feedlots and aquaculture facilities

above certain thresholds. Discharges from storm sewer systems in larger

cities (MS4s) Storm water associated with numerous kinds of

industrial activity Runoff from construction sites disturbing more

than one acre


Responsibility for issuing permits?

Most often state administered.

If the state does not have authorization the EPA will be the permitting authority.

USEPA


NPDES Stormwater Pollution Prevention Program (SWPPP) requires education and regulation

Control measures for local government to follow at a minimum include: public education and outreach public involvement and participation illicit discharge detection and elimination construction site storm water runoff control post construction storm water management pollution prevention/good housekeeping for

municipal operations


Section 404 program

Section 404 actually deals with one broad type of pollution -- placement of dredged or fill material into “waters of the U.S.” Wetlands are one component of however, there are numerous other types -- intermittent streams, small perennial streams, rivers, lakes, bays, estuaries, and portions of the oceans.

Administered jointly by Army Corps of Engineers and EPA (except delegated states or tribes).


Section 404 program

One of the controversial aspects of Section 404 is exactly what is and isn't a wetland. Federal regulations define wetlands as: "Those areas that are inundated or saturated by

surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil." [33CFR328.3(b)] (italics added).


Essence of section 404 policies

Sequencing – a step-wise process in which one must go through one step before going on to the next. The steps are: Avoidance Minimization Compensation

Peterson Environmental Consulting

Peterson Environmental Consulting


Section 401 – Water Quality Certification

A federal agency must obtain certification that the discharge is consistent with the CWA from the state in which the project takes place.

Downstream states whose water quality may be affected by a federally-permitted or licensed project can also engage in the 401 process.


Section 401 – Water Quality Certification

Applies to 404 permits from the Corps of Engineers and EPA-issued NPDES permits.

Key issue in re-licensing of private hydropower dams by the Federal Energy Regulatory Commission (FERC.)

Upper St. Anthony Falls Lock & Dam in Minneapolis, MN


Incentives through programs

Section 319 program for nonpoint sources mostly through grants

State revolving loan fund (SRF). Provides large amounts of money in the form of loans for municipal point sources, nonpoint sources, and other activities.


Section 319

Nonpoint sources are not addressed by regulation.

Section 319 created a federal grant program that provides money to develop and implement NPS management programs.

States, territories, and delegated tribes are required to develop nonpoint source pollution management programs (if they wish to receive 319 funds).


Section 319

Once a nonpoint source program is approved, EPA provides grants to these entities to implement the program.

States and territories "pass on" a substantial fraction of the 319 funds they receive from EPA to support local nonpoint source pollution management efforts. Depending on the state or territory, a "local match" may be required.


Section 319

To develop own nonpoint source pollution regulatory programs.

Other uses for funds (percentages vary): developing and implementing TMDLs implementing clean lakes program activities protecting groundwater. developing and implementing best management

practices.


Clean Water State Revolving Fund

Grants for low interest loans States must match the federal funds Some funds are provided to territories and

tribes to be used as grants for municipal wastewater treatment projects.


Summary

The regulatory programs (Sections 401, 402, 404) are enforcement permits administered by the federal and state governments under the CWA.

The incentive program (Section 319) is used to encourage state, tribal, non-territorial governments to implement nonpoint source programming.


References

Local Government Environmental Assistance Network. International City/County Management Association. http://www.lgean.org/html/regs.cfm.

Environmental Pollution Control Agency. Watershed Academy Web – Introduction to the Clean Water Act. April 19, 2003. http://www.epa.gov/watertrain/

Environmental Pollution Control Agency. Model Ordinances to Protect Local Resources. http://www.epa.gov/owow/nps/ordinance/. Sept 2002.

Minnesota Dept of Administration. From policy to reality: model ordinances for sustainable development. http://server.admin.state.mn.us/resource.html?Id=1927.

implementation tools for water quality regulation module 22, part b – implementation tools

Documents

state water quality

local water

water quality goalswhat

water quality regulationmodule

bodies of water

voluntary tools

common water quality

use regulation