Water Pollution Policies and the American States

John A. Hoornbeek

Description

The relationship between federal and state water pollution policies is revealed and assessed in this incisive volume. Focusing on Congress's statutory directions in the Federal Water Pollution Control Act of 1972 and state compliance, this study throws into relief the complex and often troubled relationship between the laws enacted by Congress and the public policies produced by state governments that implement them. Compliance at the state level can be affected and sometimes disturbed by state politics, particular policymaking processes, and the effects of federal oversight practices. As convincingly demonstrated in these pages, American water pollution policy reflects neither runaway bureaucracies nor Congressional control, but rather a complex intergovernmental process that is structured around Congress's statutory directions.
List of Illustrations
Acknowledgments
List of Acronyms

PART I. Introduction

1. Lawmaking and Water Pollution Policy: Can Congress Clean the Water?

2. Water Pollution in the United States

PART II. Runaway Bureaucracies? A Historical Analysis

3. A Historical Overview

4. The Era of Supportive Federalism, 1948–1971

5. The Era of Directive Federalism, 1972–1986

6. The Era of Experimental Federalism, 1987–Present

7. Congressional Direction and Policy Implementation: A Summary Analysis

PART III. Congressional Control?: Contemporary Water Pollution Policies and State Programs

8. Congress’s Will and Clean Water: The Design of Federal Law on the Protection of Surface Waters

9. State Non-Point Source Water Pollution Programs

10. State Point Source Permitting Programs

11. The Stringency of State Water Pollution Permits

PART IV. Summary and Conclusions

12. Findings and Implications: A Summary Analysis

13. Federal Water Pollution Policy: Where to Go from Here?

Appendices
Appendix A Results of Probabilistic Surveys of American Water Resources, by Water Body Type, Released by USEPA as of September 2010
Appendix B Major State Non-Point Source Water Pollution Expenditures
Appendix C Strength of State Enforceable Authorities for Non-Point Source Water Pollution Control
Appendix D Point Source Water Pollution Data Sources and Coding
Appendix E Summary Explanation of Independent Variables

Notes
References
Index

Sujets

• Central
• National

Informations

• Publié par: State University of New York Press
• Date de parution: 02 janvier 2012
• Nombre de lectures: 0
• EAN13: 9781438435435
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

Water Pollution Policies and the American States
Runaway Bureaucracies or Congressional Control?
JOHN A. HOORNBEEK

Published by State University of New York Press, Albany
© 2011 State University of New York
All rights reserved
Printed in the United States of America
No part of this book may be used or reproduced in any manner whatsoever without written permission. No part of this book may be stored in a retrieval system or transmitted in any form or by any means including electronic, electrostatic, magnetic tape, mechanical, photocopying, recording, or otherwise without the prior permission in writing of the publisher.
For information, contact State University of New York Press, Albany, NY www.sunypress.edu
Production Production Ryan Morris Marketing Anne M. Valentine
Library of Congress Cataloging-in-Publication Data
Hoornbeek, John A.
Water pollution policies and the American states : runaway bureaucracies or Congressional control? / John A. Hoornbeek.
p. cm.
Includes bibliographical references and index.
ISBN 978-1-4384-3541-1 (hardcover : alk. paper)
1. Water—Pollution—Government policy—United States—States. I. Title.
TD424.3.H66 2011
363.739'405610973—dc22
2010031943
10 9 8 7 6 5 4 3 2 1

List of Illustrations
Tables 2-1 Major Causes of Water Quality Impairment in the United States 2-2 Common Water Pollutants and Likely Sources 3-1 Congressional Direction in Water Pollution Policy, 1948–Present 4-1 Congressional Policy Change and Implementation: The Supportive Era 5-1 Formal Water Enforcement Actions, 1972–1988 5-2 Congressional Policy Change and Implementation: The Directive Era—Directive Policies 5-3 Congressional Policy Change and Implementation: The Directive Era—Supportive Policies 6-1 Congressional Policy Change and Implementation: The Experimental Era—Directive Policies 6-2 Congressional Policy Change and Implementation: The Experimental Era—Supportive Policies 7-1 Rates of Substantial Compliance: Federal Clean Water Act—Major Policy Changes in the Post–World War II Period, Federal and State Governments 7-2 Rates of Substantial Compliance: Federal Clean Water Act—Major Policy Changes in the Post–World War II Period, by Era 7-3 Rates of Substantial Compliance: Federal Clean Water Act—Major Policy Changes in the Post–World War II Period, by Policy Type 7-4 Estimated Effects of Major Policy Changes, by Policy Type 8-1 The Federal Clean Water Act: Policy Structures for Point and Non-Point Sources 8-2 Major Components of NPDES Permits 8-3 Federal and State Roles in Water Pollution Control: Point and Non-Point Sources 9-1 Funding for State NPS Programs under Section 319 (h), 1990–2009 9-2 State NPS Water Pollution Policy Activism: An Overview of State Policies 9-3 Factors Explaining State NPS Water Pollution Policy Activism 10-1 EPA Grants to States to Support Point Source Water Pollution Control, 1971–2010 10-2 State National Pollutant Discharge Elimination System (NPDES) Administrative Authorizations 10-3 State Timetables for Receiving NPDES-Related Authorization 10-4 Facilities Permitted by States and USEPA under NPDES, Fall 2006 10-5 Percent of NPDES Permitted Facilities with Expired Permits by State 11-1 Whole Effluent Toxicity (WET) Requirements by State: Percentages of Major Permits, 2001 11-2 Permit Stringency for Conventional Pollutant Parameters in Major Municipal Permits: The Prevalence of Stringent Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS) Limits in NPDES Permits, 2003 11-3 Factors Explaining Stringency of State-Issued Permits: Whole Effluent Toxicity (WET) 11-4 Factors Explaining Stringency of State-Issued Permits: Conventional Pollutants Figures 1-1 Congressional Influence on Federal and State Water Pollution Policies: An Institutional Approach 1-2 Potential Factors Disturbing Flows of Institutional Influence 9-1 State Non-Point Source Water Pollution Policy Activism: An Overview of State Policies 11-1 State Point Source Permit Stringency: Whole Effluent Toxicity (WET) Requirements by State 11-2 State Point Source Permit Stringency: Conventional Pollutant Parameters in Major Municipal Permits

Acknowledgments
The research underlying this book began in the early years of the twenty-first century. It began as a doctoral dissertation, and the dissertation yielded additional insights as well as a published article. The article, and a fair amount of additional work, now gives rise to this book. Throughout this process, I have developed debts that require more thanks than can be easily expressed. Even so, I will try to thank those whose support has enabled me to complete this book. Without the support of the individuals mentioned here (and a number of others who are not), it would never have come to completion.
First, I want to thank Gary Dunham, Michael Rinella, Ryan Morris, Anne Valentine, and Diane Ganeles, and the staff of the State University of New York Press, whose interest and work has enabled the publication of this book. Their contributions have been indispensable and appreciated. It is also important to recognize the two anonymous reviewers who provided useful and constructive criticisms of the original manuscript. Their reviews demonstrated knowledge of what the book was trying to communicate, and it is now an improved product as a result of their contributions. I would also like to thank Oxford University Press for granting permission to use material from my winter 2005 Publius: The Journal of Federalism article, “The Promises and Pitfalls of Devolution: Water Pollution Policies in the American States.”
Because I have had the opportunity to work in the field of environmental and water pollution policy prior to the initiation of this research, this book also benefits from the insights shared by many environmental policy professionals with whom I have worked. I have drawn from the expertise of those individuals liberally during the course of this work. Out of respect for their professional positions, and because they are too numerous to mention individually, I have chosen to refer to the contributions of these professional associates anonymously at this point in time. With sufficient time and proper permission, I hope to have the opportunity to credit them properly at appropriate points in the future.
This book has also benefited from the guidance of colleagues, faculty, and others with whom I have worked. At the University of Pittsburgh, I was able to bring a portion of what I had learned through my previous academic and professional experiences to fruition through contacts with both faculty and fellow graduate students alike. At West Virginia University, I benefited from valuable comments and insights provided by a number of colleagues, including Mr. Craig Mains who provided particularly valuable comments on one of the book's chapters. At Kent State University (KSU), I have enjoyed the support of a great group of colleagues, a wonderful staff, and a number of excellent students. Several staff members and students associated with the Center for Public Administration and Public Policy have been particularly helpful in finalizing this book. Melissa Koeka-Phillips read almost the entire manuscript, and provided numerous suggestions that improved the book. Other KSU colleagues who have made valuable contributions include Mr. Josh Filla, Ms. Tegan Beechey, Ms. Kerry Macomber, Ms. Sayantani Satpathi, Ms. Ashley Lerch, Mr. Matthew Flemming, Ms. Heather Sell, and Ms. Kathleen Loughry. I also benefited from the help and skills of Ms. Diane Sperko, Mr. Shawn Ritzenthaler, and Ms. Liz Train at KSU's graphic support group, Design Solutions. If these KSU professionals did not take on many of the valuable tasks that they did, I would probably still be working on the manuscript now.
My doctoral dissertation committee at the University of Pittsburgh also contributed in major and positive ways to the research underlying this book. Dr. William Keefe, Professor Emeritus at the University of Pittsburgh, was the individual who took sufficient interest in me to keep my graduate work going during the earlier years of my study there. Dr. Christopher Carman gave generously of his time to guide and criticize my quantitative and analytical work in useful and constructive ways. Dr. Evan Ringquist of the School of Public and Environmental Affairs at Indiana University—an old friend from the University of Wisconsin Madison—provided numerous and constructive criticisms of my quantitative work, while also steering me effectively with his strong grasp of American environmental policy literature. He has also continued to provide insight and many useful and constructive criticisms relevant to this book and other projects in the years since I completed work on my dissertation. Dr. Susan Hansen steered me toward key pieces of the state politics literature while also providing numerous specific comments and suggestions that led to valuable additions to the manuscript. Dr. Alberta Sbragia provided endless encouragement and a continuing supply of key big picture insights that helped me continue my work and maintain enthusiasm about social scientific endeavors even when all my work seemed quite daunting. And finally, Dr. B. Guy Peters provided an endless and alternating supply of wisdom, criticism, and encouragement in exactly the right proportions. As a result of his experience, I was often steered away from problems that he saw coming long before I did. It is no exaggeration to say that this book would never have been completed without him.
Most importantly, I want to thank my friends and family, for they are the ones who truly enabled this work to happen. Throughou