Contested Play and Clean Water: McMillan Park, Race, and the Built Environment in Washington, D.C., 1900-1941

This study focuses on the intersection of the politics and culture of open public space with race relations in the United States from 1900 to 1941. The history of McMillan Park in Washington, D.C. serves as a lens to examine these themes. Ultimately, the park’s history, as documented in newspapers, interviews, reports, and photographs, reveals how white residents attempted to protect their dominance in a racial hierarchy through the control of both the physical and cultural elements of public recreation space. White use of discrimination through seemingly neutral desires to protect health, safety, and property values, establishes a congruence with their defense of residential property. Without similar access to legal methods, African Americans acted through direct action in gaps of governmental control. Their use of this space demonstrates how African-American residents of Washington and the United States contested their race, recreation, and spatial privileges in the pre-World War II era.

Local solutions to local problems: A stormwater education collaborative

Currently completing its fifth year, the Coastal Waccamaw Stormwater Education Consortium (CWSEC) helps northeastern South Carolina communities meet National Pollutant Discharge Elimination System (NPDES) Phase II permit requirements for Minimum Control Measure 1 - Public Education and Outreach - and Minimum Control Measure 2 - Public Involvement. Coordinated by Coastal Carolina University, six regional organizations serve as core education providers to eight coastal localities including six towns and cities and two large counties. CWSEC recently finished a needs assessment to begin the process of strategizing for the second NPDES Phase II 5-year permit cycle in order to continue to develop and implement effective, results-oriented stormwater education and outreach programs to meet federal requirements and satisfy local environmental and economic needs. From its conception in May 2004, CWSEC set out to fulfill new federal Clean Water Act requirements associated with the NPDES Phase II Stormwater Program. Six small municipal separate storm sewer systems (MS4s) located within the Myrtle Beach Urbanized Area endorsed a coordinated approach to regional stormwater education, and participated in a needs assessment resulting in a Regional Stormwater Education Strategy and a Phased Education Work Plan. In 2005, CWSEC was formally established and the CWSEC’s Coordinator was hired. The Coordinator, who is also the Environmental Educator at Coastal Carolina University’s Waccamaw Watershed Academy, organizes six regional agencies who serve as core education providers for eight coastal communities. The six regional agencies working as core education providers to the member MS4s include Clemson Public Service and Carolina Clear Program, Coastal Carolina University’s Waccamaw Watershed Academy, Murrells Inlet 2020, North Inlet-Winyah Bay National Estuarine Research Reserve’s Coastal Training and Public Education Programs, South Carolina Sea Grant Consortium, and Winyah Rivers Foundation’s Waccamaw Riverkeeper®. CWSEC’s organizational structure results in a synergy among the education providers, achieving greater productivity than if each provider worked separately. The member small MS4s include City of Conway, City of North Myrtle Beach, City of Myrtle Beach, Georgetown County, Horry County, Town of Atlantic Beach, Town of Briarcliffe Acres, and Town of Surfside Beach. Each MS4 contributes a modest annual fee toward the salary of the Coordinator and operational costs. (PDF contains 3 pages)

Developing effective restoration plans to tackle the widespread impairment of coastal swimming and shellfishing waters

Congress established a legal imperative to restore the quality of our surface waters when it enacted the Clean Water Act in 1972. The act requires that existing uses of coastal waters such as swimming and shellfishing be protected and restored. Enforcement of this mandate is frequently measured in terms of the ability to swim and harvest shellfish in tidal creeks, rivers, sounds, bays, and ocean beaches. Public-health agencies carry out comprehensive water-quality sampling programs to check for bacteria contamination in coastal areas where swimming and shellfishing occur. Advisories that restrict swimming and shellfishing are issued when sampling indicates that bacteria concentrations exceed federal health standards. These actions place these coastal waters on the U.S. Environmental Protection Agencies’ (EPA) list of impaired waters, an action that triggers a federal mandate to prepare a Total Maximum Daily Load (TMDL) analysis that should result in management plans that will restore degraded waters to their designated uses. When coastal waters become polluted, most people think that improper sewage treatment is to blame. Water-quality studies conducted over the past several decades have shown that improper sewage treatment is a relatively minor source of this impairment. In states like North Carolina, it is estimated that about 80 percent of the pollution flowing into coastal waters is carried there by contaminated surface runoff. Studies show this runoff is the result of significant hydrologic modifications of the natural coastal landscape. There was virtually no surface runoff occurring when the coastal landscape was natural in places such as North Carolina. Most rainfall soaked into the ground, evaporated, or was used by vegetation. Surface runoff is largely an artificial condition that is created when land uses harden and drain the landscape surfaces. Roofs, parking lots, roads, fields, and even yards all result in dramatic changes in the natural hydrology of these coastal lands, and generate huge amounts of runoff that flow over the land’s surface into nearby waterways. (PDF contains 3 pages)

Enforcement in environmental law: an economic analysis of citizen suits

Previous to 1970, state and federal agencies held exclusive enforcement responsibilities over the violation of pollution control standards. However, recognizing that the government had neither the time nor resources to provide full enforcement, Congress created citizen suits. Citizen suits, first amended to the Clean Air Act in 1970, authorize citizens to act as private attorney generals and to sue polluters for violating the terms of their operating permits. Since that time, Congress has included citizen suits in 13 other federal statutes. The citizen suit phenomenon is sufficiently new that little is known about it. However, we do know that citizen suits have increased rapidly since the early 1980's. Between 1982 and 1986 the number of citizen suits jumped from 41 to 266. Obviously, they are becoming a widely used method of enforcing the environmental statutes. This paper will provide a detailed description, analysis and evaluation of citizen suits. It will begin with an introduction and will then move on to provide some historic and descriptive background on such issues as how citizen suit powers are delegated, what limitations are placed on the citizens, what parties are on each side of the suit, what citizens can enforce against, and the types of remedies available. The following section of the paper will provide an economic analysis of citizen suits. It will begin with a discussion of non-profit organizations, especially non-profit environmental organizations, detailing the economic factors which instigate their creation and activities. Three models will be developed to investigate the evolution and effects of citizen suits. The first model will provide an analysis of the demand for citizen suits from the point of view of a potential litigator showing how varying remedies, limitations and reimbursement procedures can effect both the level and types of activities undertaken. The second model shows how firm behavior could be expected to respond to citizen suits. Finally, a third model will look specifically at the issue of efficiency to determine whether the introduction of citizen enforcement leads to greater or lesser economic efficiency in pollution control. The database on which the analysis rests consists of 1205 cases compiled by the author. For the purposes of this project this list of citizen suit cases and their attributes were computerized and used to test a series of hypotheses derived from three original economic models. The database includes information regarding plaintiffs, defendants date notice and/or complaint was filed and statutes involved in the claim. The analysis focuses on six federal environmental statutes (Clean Water Act} Resource Conservation and Recovery Act, Comprehensive Environmental Response Compensation and Liability Act, Clean Air Act, Toxic Substances Control Act, and Safe Drinking Water Act) because the majority of citizen suits have occurred under these statutes.

A comparative analysis of Texas and Louisiana Oil-field NORM Waste Policy

NORM (Naturally Occurring Radioactive Material) Waste Policies for the nation's oil and gas producing states have been in existence since the 1980's, when Louisiana was the first state to develop a NORM regulatory program in 1989. Since that time, expectations for NORM Waste Policies have evolved, as Health, Safety, Environment, and Social responsibility (HSE & SR) grows increasingly important to the public. Therefore, the oil and gas industry's safety and environmental performance record will face challenges in the future, about its best practices for managing the co-production of NORM wastes. ^ Within the United States, NORM is not federally regulated. The U.S. EPA claims it regulates NORM under CERCLA (superfund) and the Clean Water Act. Though, there are no universally applicable regulations for radium-based NORM waste. Therefore, individual states have taken responsibility for developing NORM regulatory programs, because of the potential radiological risk it can pose to man (bone and lung cancer) and his environment. This has led to inconsistencies in NORM Waste Policies as well as a NORM management gap in both state and federal regulatory structures. ^ Fourteen different NORM regulations and guidelines were compared between Louisiana and Texas, the nation's top two petroleum producing states. Louisiana is the country's top crude oil producer when production from its Federal offshore waters are included, and fourth in crude oil production, behind Texas, Alaska, and California when Federal offshore areas are excluded. Louisiana produces more petroleum products than any state but Texas. For these reasons, a comparative analysis between Louisiana and Texas was undertaken to identify differences in their NORM regulations and guidelines for managing, handling and disposing NORM wastes. Moreover, this analysis was undertaken because Texas is the most explored and drilled worldwide and yet appears to lag behind its neighboring state in terms of its NORM Waste Policy and developing an industry standard for handling, managing and disposing NORM. As a result of this analysis, fourteen recommendations were identified.^

Improving the Success of Wetland Mitigation Banking: Lessons Learned in Monitoring and Compliance

Wetlands that are lost to development are not effectively compensated by the current wetland mitigation banking regulatory program due to inadequate monitoring and compliance. Based on a critical investigation of two wetland mitigation banks in Colorado described herein, recommendations are given to improve the effectiveness of the wetland mitigation banking program. The recommendations to improve mitigation banking are to specify and follow comprehensive monitoring and reporting plans, develop solid contingency and adaptive management plans, utilize specially developed checklists and templates, and impose enforcement when compliance is not met. Implementing these recommendations will assist regulators and bankers in achieving more effective wetland mitigation and will help the United States reach its no net loss of wetlands goal.

The Creation of a Legal Ordinance and Program Manual for the Purpose of Illicit Discharge Detection and Elimination

Illegal dumping and improper disposal of pollutants in urban areas can contribute significant pollutant loads to the municipal separate storm sewer system (MS4) and natural environments. Illicit discharges to the MS4 can pose a significant risk to human and environmental health. The Clean Water Act requires that municipalities implement a legal mechanism and plan to detect and eliminate illicit discharges to the MS4. The methodology for program creation included the analysis of other municipal illicit discharge programs, review of state and federal guidance publications, and the review of illicit discharge case-studies. This paper describes a systematic approach applied to the creation and implementation of a legal ordinance and program manual designed for the purpose of illicit discharge detection and elimination (IDDE).

Environmental impact statement : criteria for classification of solid waste disposal facilities and practices /

September 1979.

Assessment of created wetland performance in Illinois /

Wetlands are extremely valuable natural features that have decreased significantly in number over time in Illinois and the United States ... Their important functions include flood protection, water conservation in times of drought, groundwater recharge, improvement of water quality through sediment reduction and contaminant removal, and providing habitat for native animals and plants, including many sensitive and state-listed threatened and endangered species ... Due to a federal "no net loss" policy on wetlands adopted through executive order by President George H. Bush in 1990, as well as a prevailing heightened interest in conservation in general, there is currently considerable interest in the restoration and creation of wetlands. Both Section-404 of the Clean Water Act of 1972 and the Swampbuster Provision of the Food Securities Act of 1985 require compensation or mitigation for the loss of wetlands. A number of federal and state programs such as Section 319 of the Clean Water Act and the Conservation Reserve Program within the Natural Resources Conservation Service (NRCS) encourage wetland restoration and creation. In addition, various conservation organizations, such as The Nature Conservancy and Ducks Unlimited are very active in wetland restoration. Despite wetland restoration efforts and the national goal of no net loss, wetlands and wetland functions continue to be lost due to degradation of existing wetlands ... Unfortunately, no reliable information exists on the quality of existing wetlands or on trends in wetland quality over time ... The functional quality of existing wetlands is likely decreasing in many areas due to the combined effects of habitat fragmentation, alteration of hydrology, invasive species, and continued input of nutrients and pollutants. Furthermore, it is still debatable whether created or restored wetlands can adequately replace the suite of ecological functions provided by natural wetlands ... and the failure of many wetland compensation projects contributes to a continued national net loss of wetland functions ... The need for post-construction site monitoring and assessment of created and restored wetlands to evaluate functional success is widely recognized. ... At this time, there is little agreement on how to assess the success on quality of wetland restorations or creations.

Determining resource quality and potential reasons for impairment of Illinois streams, inland lakes, and Lake Michigan : (Methods used for 2002 305(b) reporting).

According to Section 305(b) of the Clean Water Act (i.e. a generic name that refers to the Federal Water Pollution Control Act of 1972, the Clean Water Act of 1977, and subsequent amendments) and guidance provided by the United States Environmental Protection Agency (USEPA), each state must prepare and submit annually to the U.S. Congress and the USEPA report that describes the resource quality of the surface waters of the state. Every other year, this report, commonly referred to as the "305(b) report," must be provided in written form, whereas in alternate years each state may submit an electronic database to meet the reporting requirement. In the 305(b) report, states must also explain how they determined the resource quality of the waters of the state in terms of the degree to which predefined beneficial uses of those waters are supported. Also, in the 305(b) report when any designated use for any water body is not fully supported, the state must report potential reasons for the impairment. Herein, is explained how the Illinois Environmental Protection Agency determines the resource quality of Illinois streams, inland lakes, and Lake Michigan.

Illinois 2002 Section 303(d) list.

The purpose of this report is to fulfill the requirements set forth in Section 303(d) of the Federal Clean Water Act (CWA) and the Water Quality Planning and Management regulation at 40 CFR Part 130 for the year 2002 [and to] inform the public about the Total Maximum Daily Load (TMDL) program process. This report is submitted to the USEPA for review and approval of Illinois' list of water quality limited waters. It provides the state's supporting documentation required by 40 CFR Part 130.7 and rationale in fulfilling Section 303(d) requirements.

Phase I diagnostic / feasibility study of Paris Twin Lakes, Edgar County, Illinois /

"Prepared for the City of Paris, Illinois."

Phase I diagnostic / feasibility study of Stephen A. Forbes Lake, Marion County, Illinois /

"This report was financed in part by a grant from the U.S. Environmental Protection Agency under Section 314 of the Clean Water Act."

Bottom-up risk regulation? How nanotechnology risk knowledge gaps challenge federal and state environmental agencies

Nanotechnologies have been called the "Next Industrial Revolution." At the same time, scientists are raising concerns about the potential health and environmental risks related to the nano-sized materials used in nanotechnologies. Analyses suggest that current U.S. federal regulatory structures are not likely to adequately address these risks in a proactive manner. Given these trends, the premise of this paper is that state and local-level agencies will likely deal with many "end-of-pipe" issues as nanomaterials enter environmental media without prior toxicity testing, federal standards, or emissions controls. In this paper we (1) briefly describe potential environmental risks and benefits related to emerging nanotechnologies; (2) outline the capacities of the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, and the Resources Conservation and Recovery Act to address potential nanotechnology risks, and how risk data gaps challenge these regulations; (3) outline some of the key data gaps that challenge state-level regulatory capacities to address nanotechnologies' potential risks, using Wisconsin as a case study; and (4) discuss advantages and disadvantages of state versus federal approaches to nanotechnology risk regulation. In summary, we suggest some ways government agencies can be better prepared to address nanotechnology risk knowledge gaps and risk management.

A spatial-temporal analysis of section 404 wetland permitting in Texas and Florida: Thirteen years of impact along the coast

Over the past 200 years, an estimated 53% (about 47 million ha) of the original wetlands in the conterminous United States have been lost, mainly as a result of various human activities. Despite the importance of wetlands (particularly along the coast), and a longstanding federal policy framework meant to protect their integrity, the cumulative impact on these natural systems over large areas is poorly understood. We address this lack of research by mapping and conducting descriptive spatial analyses of federal wetland alteration permits (pursuant to section 404 of the Clean Water Act) across 85 watersheds in Florida and coastal Texas from 1991 to 2003. Results show that more than half of the permits issued in both states (60%) fell under the Nationwide permitting category. Permits issued in Texas were typically located outside of urban areas (78%) and outside 100-year floodplains (61%). More than half of permits issued in Florida were within urban areas (57%) and outside of 100-year floodplains (51%). The most affected wetlands types were estuarine in Texas (47%) and palustrine in Florida (55%). We expect that an additional outcome of this work will be an increased awareness of the cumulative depletion of wetlands and loss of ecological services in these urbanized areas, perhaps leading to increased conservation efforts.