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The Elusive Nonpoint Source Pollutant: What It Is and How It Is (Or Isn’t) Regulated

  • by Clare

We are all well aware of major ocean pollutants: plastic bags, straws, bottle rings, and microplastics, to name a few. With the recent surge of mask and glove pollution, some now claim there will soon be more masks than jellyfish swimming in our seas. And we generally know the source of these pollutants: us. Nonstop plastic use and careless treatment of trash create pollution directly from users. The solutions to these issues aren’t easy, but they are doable: change our lifestyles, bring a reusable bag, buy a metal straw, cut off the strings of disposable masks. These small and manageable shifts in our habits can greatly affect the amount of plastics flowing into our oceans. 

But this is only what we can see. What about what we can’t pick up at a beach clean up? What about chemicals, pesticides, acid and unregulated sewage? These are called point and nonpoint source pollutants, and are largely regulated at the federal level. 

Point Source vs Nonpoint Source pollution

As defined by the Clean Water Act of 1972, a point source pollutant is “any discernible, confined and discrete conveyance […] from which pollutants are or may be discharged.” If there is a clear location such as a “pipe, ditch, channel, tunnel, conduit, [or] well”, that discharges a pollutant, it is a point source. 

The Environmental Protection Agency (EPA) defines a nonpoint source pollutant (NPS) as “any source of water pollution that does not meet the legal definition of ‘point source,’” in other words… everything else. This includes urban and agricultural runoff, acid drainage from mines, improperly managed construction and waste sites, chemical leakages, energy production waste and more. Here’s where things get tricky. With such a loose term as nonpoint source, sometimes even called a “general pollutant”, it’s quite easy to sneak under the radar. This language is potentially harmful. With this lack of specificity comes loopholes for industries to dispose of their waste without suffering the ramifications of strict regulation. 

Eighty percent of ocean pollution begins on land, with NPS pollutants as the highest contributor according to the NOAA. In the U.S alone, NPS pollution affects more than 40 percent of all “impaired waters” according to a 2002-2010 study by the EPA. NPS pollution greatly harms wildlife. It chokes animals and plants with chemicals, changes the mineral makeup of the water with excess silt and dirt, and decimates thriving ecosystems. So how can we keep these NPS pollutants in check? What sort of legislation exists, and more importantly, what is missing?

How are they regulated?

The Clean Water Act (CWA) of 1972 allowed the EPA to regulate point sources, making it illegal to dump any waste into “navigable waterways” without a permit. This language clearly leaves a lot left unsaid. What is navigable? If a permit is obtained, is dumping therefore legal? 

Clearly, we are not remotely close to zero waste production, so it is understandable that federal regulation has to allow for some sort of disposal. However, with such loose terms, and permits with ample wiggle room, tons of point source pollution is still produced. This can be limited by the gradual tightening of permits, and the elimination of certain materials used in production. 

There are minimal regulations on point sources, but nonpoint sources get off even easier. Instead of limiting NPS pollution through legislative means, in 1987, congress created a federal grant program to help fund individual states, tribes and organizations supervise NPS pollution themselves… if they choose to. Many states have zero NPS regulation, as there is no penalty for open NPS pollution. 

Point and non point source regulations are often half baked, and can be weakened at the whim of the president and party in power. A New York Times study recently outlined the 100 environmental rollbacks Trump has put in motion. Included among them are four water pollution regulations that have been revoked, allowing more dumping, less wetland protection, and less concern required for big industries such as mining, coal companies and other manufacturers. Another seven policies are in progress: Trump has proposed facilitating the federal permit process for dumping, allowing certain power plants to be exempt from toxic dumping in public waterways, and limited regulation on coal ash. 

Although Congress regulates industries within the US, water pollution does not stop at our borders. What many may fail to notice is that water regulation within any one country is very much an international affair. Acid waste dumped into a river in New York flows far out into the Atlantic, and can potentially affect the wildlife and water quality in other countries. It is key to understand that our actions at home affect international waters, and not only our own.

What can we do to clean up our waters?

In terms of general water pollution, there’s a lot we can do. Although it may seem overstated, a shift in lifestyle is the easiest and most directly impactful method to mitigating pollution. Cut out plastic bags, don’t use straws, limit your trash output, research the places you shop and try and make sure they use sustainable practices. Although it seems statistically insignificant in the grand scheme of things, conscious consumption shifts the way big companies work, and ultimately the industries behind that. The chain starts with you.

If you’re looking to have a more legislative impact (on NPS legislation for example), find out who your local representative is and contact them. Congress can seem like a far off, self-acting entity with which we can have no part of, but the goal of Congress is to represent the people. Use this link to find out who your Congress member is; email them, call them, start a petition, and encourage them to take action. Finally, educate yourself on your ballot options, (use this link) and find out who pledges to support sustainable practices and combat climate change. And even more importantly… vote!

Clare

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