Jonathan Cannon raises the important issue of regulating water pollution from non-point sources. The most important problem in this area is runoff from agricultural sources. Cannon’s solution is to require states to include non-point source regulations in their Total Maximum Daily Load (TMDL) compliance under the Clean Water Act. Currently, states only need to collect information on the impact of non-point sources. A quick perusal of state non-point source regulations reveals how widely divergent their voluntary programs are, and this poses problems that require a more vigorous federal floor.

To quote the Lorax, “I hear things are just as bad up in Lake Erie.” The Lake Erie dead zone has received substantial media and scientific attention. This refers to the portion of the Lake Erie basin that has become so oxygen deprived that it can no longer sustain aquatic life. While the problem is in part due to a natural cycle and the invasion of the zebra mussel, scientific evidence suggests that runoff from snow melts in the region pushes agricultural pollution into the lake. Phosphates from this pollution contribute substantially to striping the lake of oxygen.

Despite this evidence, the Lake Erie states have minimal regulations for non-point sources. Michigan and Ohio have voluntary standards for confined animal feeding organizations (CAFOs) that guarantee immunity from nuisance suits, and Michigan offers some financial incentives for private pollution control initiatives. Pennsylvania and New York have nothing beyond the federal CAFO regulations, although Pennsylvania is currently studying the issue. None of them appear to regulate the use of fertilizers near rivers or other agricultural contributions to the dead zone.  It remains to be seen whether the states will pursue further regulation, but more vigorous federal regulatory mandates would be helpful in breaking the logjam.

This entry was posted on Saturday, March 29th, 2008 at 12:14 pm and is filed under Agriculture, Water Pollution. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.