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.

Developed by: Desotelle Updated: U6-m22b-s3 Tools to help achieve water quality goals  What are tools  Common permit programs  Common grant programs  Other applicable regulations

Developed by: Desotelle Updated: U6-m22b-s4 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

Developed by: Desotelle Updated: U6-m22b-s5  Encouragement  Incentives  Regulation  Acquisition/Public Ownership Tools defined

Developed by: Desotelle Updated: U6-m22b-s6  Cost  Political Will  Market Characteristics  Permanency  Importance of Goal What is the right tool for the task?

Developed by: Desotelle Updated: U6-m22b-s7 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.

Developed by: Desotelle Updated: U6-m22b-s8 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

Developed by: Desotelle Updated: U6-m22b-s9 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.

Developed by: Desotelle Updated: U6-m22b-s10 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.

Developed by: Desotelle Updated: U6-m22b-s11 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.

Developed by: Desotelle Updated: U6-m22b-s12 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.

Developed by: Desotelle Updated: U6-m22b-s13 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.

Developed by: Desotelle Updated: U6-m22b-s14 Section 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)

Developed by: Desotelle Updated: U6-m22b-s15 Section 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

Developed by: Desotelle Updated: U6-m22b-s16 Responsibility for issuing permits?  Most often state administered.  If the state does not have authorization the EPA will be the permitting authority. USEPA

Developed by: Desotelle Updated: U6-m22b-s17 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

Developed by: Desotelle Updated: U6-m22b-s18 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).

Developed by: Desotelle Updated: U6-m22b-s19 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).

Developed by: Desotelle Updated: U6-m22b-s20 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

Developed by: Desotelle Updated: U6-m22b-s21 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.

Developed by: Desotelle Updated: U6-m22b-s22 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

Developed by: Desotelle Updated: U6-m22b-s23 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.

Developed by: Desotelle Updated: U6-m22b-s24 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).

Developed by: Desotelle Updated: U6-m22b-s25 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.

Developed by: Desotelle Updated: U6-m22b-s26 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.

Developed by: Desotelle Updated: U6-m22b-s27 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.

Developed by: Desotelle Updated: U6-m22b-s28 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.

Developed by: Desotelle Updated: U6-m22b-s29 References  Local Government Environmental Assistance Network. International City/County Management Association.  Environmental Pollution Control Agency. Watershed Academy Web – Introduction to the Clean Water Act. April 19,  Environmental Pollution Control Agency. Model Ordinances to Protect Local Resources. Sept  Minnesota Dept of Administration. From policy to reality: model ordinances for sustainable development.