Federal Court Says EPA Can Set Runoff Limits

April 7, 2000
For the first time, a federal judge has upheld the Environmental Protection Agency's (EPA) authority to set limits on water pollution caused by runoffs from farms and logging.

This ruling by U.S. District Judge William Alsup allows federal regulators to combat such pollution by pressuring states to change land-use practices.

Federal officials, including EPA Administrator Carol M. Browner, said they hope the ruling starts a national trend.

This important decision allows us to build on our success of completing the task of cleaning our nation's waters," said Browner.

The ruling concerns provision of the 1972 Clean Water Act that EPA did not start to enforce until 1991 under pressure from courts and environmental groups.

The provision allows the agency to tell states to come up with ways to reduce pollution in rivers and waterways contaminated solely by runoff, as opposed to industrial waste or sewage.

EPA says runoff has become the leading threat to water quality in the United States.

The agency was sued by two California landowners, the American Farm Bureau Federation and state and local farm organizations.

The court heard a challenge to an EPA decision to put the Garcia River on the list of impaired waterways in California and define the amount of sediment that should be allowed to enter the river from land along its banks.

EPA said the river's coho salmon and steelhead populations have been severely damaged by sediment from many years of logging.

In March 1998, EPA developed a "total maximum daily load" (TMDL) for sediment for the river.

A TMDL defines the greatest amount of a particular pollutant that can be introduced into a waterway without exceeding the river's water quality standard.

The agency also defined the reductions in sediment that are necessary for the river to attain the water quality standard set by the State of California.

The American Farm Bureau Federation and other agriculture and timber groups said that EPA and the states should calculate TMDLs only for pollutants that are discharged from pipes, or point sources.

The court disagreed, ruling that the Clean Water Act is designed to provide a comprehensive solution to the nation's water quality problems, "without regard to the sources of pollution."

In California, only 1 percent of impaired waterways fail to meet water quality standards solely because of pollution that comes from pipes, municipal waste treatment works, or other point sources.

According to EPA, 54 percent of California's impaired waterways are polluted by nonpoint sources exclusively, while another 45 percent are impaired by a combination of point and nonpoint sources.

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

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