Overall, the quality of surface waters, rivers, lakes and streams in the United States has improved since passage of the Clean Water Act in 1972 [2]. Nonpoint sources, however, continue to be major sources of water pollution. The Chairman of the Congressional Subcommittee on Water Resources and Environment and the House Committee on Transportation and Infrastructure recently asked the General Accounting Office ( GAO ) to look into the risks and issues associated with nonpoint source pollution. In its February, 1999 report on the subject the GAO examined the federal government s role in controlling and contributing to nonpoint source water pollution.

     The GAO was specifically requested to (1) provide background information and funding levels for federal programs that primarily address nonpoint source pollution (i.e., those programs identified as either focusing exclusively on nonpoint source pollution or that devote at least $10 million annually to the problem); (2) examine the way EPA assesses the overall potential costs of reducing nonpoint pollution nationwide and alternative methods for doing so; and (3) describe nonpoint source pollution from federal facilities, lands, and activities that federal agencies manage or authorize, or for which they issue permits or licenses. [3]

     The EPA estimates that over one-third of the waters which are not meeting water quality standards are the result of nonpoint source runoff, that which does not come from a pipe or some sort of discrete conveyance, such as water run-off from agriculture or urban development. [4] Federal facilities and activities can contribute to nonpoint source pollution, and therefore, the Clean Water Act includes provisions requiring federal agencies to ensure their activities are also consistent with state nonpoint source pollution management programs. [5] Under a variety of missions and legislative requirements, federal agencies manage, authorize, or issue permits or licenses for, a variety of activities that provide public benefit but may have the unintended side effect of contributing to nonpoint source pollution. [6]

     In its report, the GAO identified three main points, (1) there are numerous federal programs which address nonpoint source pollution; (2) EPA's methodology for estimating nonpoint source pollution control costs could be improved; and (3) federally managed or authorized activities can contribute to nonpoint source pollution. [7]

     The EPA is the lead federal agency authorized by the Clean Water Act to address nonpoint source pollution. EPA accomplishes this by providing funding to states and by instituting geographic initiatives designed to protect specific watersheds. Under the Clean Water Act the EPA must also estimate the costs associated with these initiatives. [8]

     In addition to the EPA there are many other federal agencies which have programs attempting to address nonpoint source pollution. The GAO contacted many of these agencies in preparing its report. Of the agencies contacted, the U.S. Department of Agriculture ( USDA ) has probably taken the largest initiative, at least financially. USDA's programs account for about $11 billion of the total federal funding (1994-1998) for programs addressing nonpoint source pollution. [9] Most of the USDA s initiative revolves around funding activities which help reduce pollution from privately owned land, in the form of cost-share or incentive type of programs. [10]

     EPA estimates its annual costs of controlling pollution from agriculture, silviculture, and animal feeding operations to be $9.4 billion (1994 through 1998), with total federal annual spending for nonpoint-related programs for fiscal year 1994 through 1998 about $3 billion per year, per agency. [11]

     EPA s methodology for estimating nonpoint source pollution control costs includes analyzing agriculture, silviculture, and animal feeding operations, and EPA acknowledges this methodology has limitations. The GAO found EPA s methodology for estimating nonpoint source pollution control costs could be improved . . . critical information, such as identification of waters contaminated with nonpoint source pollution and the contribution of each of those sources, is not readily available. EPA is considering an additional cost-estimation methodology which represents a watershed based approach. [12]

     Federal and state agencies contacted by GAO identified five activities which are those with the most potential to contribute significantly to nonpoint source pollution. Those are silviculture, grazing, drainage from abandoned mines, recreation, and hydromodification. [13]

     The GAO s recommendations focused primarily on the costs associated with controlling pollution. Specifically, the GAO recommends in estimating these costs the EPA should, address key limitations in its approach by (1) including the costs of operating and maintaining best management practices, (2) assessing and disclosing the range of uncertainty associated with its control cost estimate, and (3) more fully documenting its cost-estimation methodology. [14] Additionally, the GAO recommended EPA should work with the USDA, and the Department of the Interior to improve its methodologies.

[1] John J. Fumero, Acting General Counsel of the South Florida Water Management District, is responsible for providing and managing legal support for the agency.

[2] The Federal Water Pollution Control Act, 33 U.S.C. 1251-1387.

[3] United States, General Accounting Office, Resources, Community, and Economic Development Division, Report to the Chairman, Subcommittee on Water Resources and Environment, Committee on Transportation and Infrastructure, House of Representatives, GAO/FCED-99-45, February 1999, p. 2.

[4] Id @ p. 2.

[5] Id @ p. 3.

[6] Id @ p. 8.

[7] Id @ pp. 5-8.

[8] Id @ p. 5.

[9] Id @ p. 3.

[10] Id @ p. 6.

[11] Id @ p. 4.

[12] Id @ p. 6.

[13] Id @ p. 8.

[14] Id @ p. 9.