United States Environmental Protection Agency Office of Environmental Processes and Effects Research Washington DC 20460 Research and Development EPA/600/S5-86/001 Jan. 1987 Project Summary Ground Water Quality Protection: State and Local Strategies At the request of the Environmental Pro- tection Agency, the National Research Council established a Committee on Ground Water Quality to provide guidance on developing and enhancing ground- water protection programs. Summaries are presented of ten state and three local programs that represent a range of situa- tions, problems and solutions. Those sign- ificant technical and institutional features that show progress and promise in pro- viding protection of ground-water quality are identified. While no single program was held out as a model for others to follow, the committee found many dif- ferent practices in the programs reviewed that provide an array of alternative pro- gram designs. Approaches are described for information management, classifica- tion, standards, source control and implementation. This Project Summary was developed by EPA's Office of Research and Develop- ment and Office of Water, Washington, DC, to announce key findings of the re- search project that is fully documented in a separate report of the same title (see Project Report ordering information at back). Introduction In response to a November 1984 re- quest from the Office of Research and Development and the Office of Ground Water Protection of the U.S. Environmen- tal Protection Agency, the National Research Council established a Commit- tee on Ground Water Quality Protection. The committee was asked to identify state and local ground water protection pro- grams and review the preventive aspects of these programs for their scientific bases, their performance over time, their administrative requirements, and their legal and economic framework. To determine how well the ground water protection programs were working in these states, the committee conducted personal interviews in several states, in addition to interviewing the state repre- sentatives invited to Committee meetings. Those interviewed represented not only state and/or environmental health depart- ments but industry, environmental law firms, consulting engineers and public in- terest groups among others. The objective was to identify those ground water pro- tection practices and procedures that have been successful, have experienced diffi- culty, or might be worth watching in the future. From interviews, discussions, and literature reviews, the committee reached the conclusions and recommendations presented in the full report. States Selected for Review In selecting state and local programs for review, the committee attempted to include those programs that are rep- resentative of the range of source types affecting ground water, the hydrogeologic characteristics, contamination problems, institutional arrangement for protection and the types of protection strategies found across the United States. Where possible, the committee selected those programs which have been in existence for a sufficient period of time to permit some level of experience in the programs. Following is a list of the programs selected for review and the principal reasons for their selection: Arizona A state with important quality and quantity issues and a newly established ground water man- agement program. ------- California A large state with a wide range of problems and pro grams with emphasis on agriculture- and industry-related pollution and an extensive and unique intergovern- mental structure for protection programs. Colorado A state with important quality and quantity issues with em- phasis on agriculture, residential and commercial development and mining related problems and a ground water strategy including a ground water classification system in the beginning stages of implementation. Connecticut A small densely pop- ulated state with a variety of prob- lems and one of the first state-wide water classification systems that af- fects land use and siting of poten- tially polluting facilities. Dade County, Florida A densely populated and rapidly growing area with a local approach to ground water management including some comprehensive and restrictive laws on source and land use control. Florida A state with special hydro- geologic characteristics generally highly vulnerable to ground water contamination, rapid residential and commercial growth, widespread use of agricultural chemicals, and which has enacted broad legislation for ground water protection as well as controls on hazardous wastes and deep well injection. Kansas A state with oil produc- tion, industrial and agricultural prob- lems and a long-standing manage- ment program. Massachusetts At the state level, an innovative local assistance pro- gram including funds for aquifer pro- tection, aquifer mapping and a clas- sification system. Cape Cod, Massachusetts A frag- ile hydrologic system, under consid- erable development pressure. Devel- oped and implemented numerous ef- fective local approaches to ground water protection. New Jersey A state with a rela- tively long-standing monitoring pro- gram, and thus well-documented or- ganic chemical contamination prob- lems, a comprehensive industrial and municipal permitting program, and in- novative land use controls. New York a large state with a vari- ety of land use and industrial prob- lems which has completed statewide ground water protection programs. Long Island, New York A densely populated region with unique hydro- geologic characteristics, extensive contamination problems; a multi- agency regional approach to ground water management, and innovative laws on land use controls; extensive and diverse ground water contamina- tion sources and problems. Wisconsin A state with a variety of contamination sources, compre- hensive statewide controls and a new multitiered approach to water quality standard setting. Criteria for Effective Ground Water Programs The following criteria are considered by the committee to be necessary com- ponents of a comprehensive ground water protection program. Goals and Objectives The goals, objectives, scope and priori- ties of a ground water protection program should be clearly defined; they should reflect a comprehensive understanding of the ground water resource problem; and they should be based on adequate legal authority. The program should have objec- tive mechanisms for periodic evaluation of the program's success and a process for achieving needed modifications. Information A successful program must be founded on an information base that allows proper definition of the resource and the problems and evaluation of prevention strategies. Many decisions must be made with limited data and scientific uncertainty. However, a prevention program should be based on adequate surveys of (a) water resources and their location, (b) ground water basin characteristics with respect to the poten- tial for contamination and (c) current and anticipated land and surface water uses that can affect ground water. Information on water resource conditions and new ground water research must be easily available to decision makers. Technical Basis Effective ground water protection pro- grams require a sound technical basis. Pro- grams should be based on (a) appropriate physical, social and behavioral assump- tions; (b) physical, chemical, engineering and hydrologic principles; and (c) sound relationships linking mandated actions with desired results. For instance, pro- grams should account for the interconnec- tion of atmospheric, land and surface water and ground water resources. Source Elimination and Control In the long term, ground water protec- tion programs should eliminate or reduce the sources of ground water contamina- tion. Simply transferring the problem to another medium such as the air or surface water must be avoided. Sources can be reduced or eliminated by (a) prohibition of certain harmful activities or products; (b) the rational siting of activities and facilities that threaten ground water away from sensitive areas (by land use controls, per- mits, or regulations); (c) incentives for use of products and technologies less threat- ening to ground water quality; and (d) in- centives for recycling and reuse of waste products. Intergovernmental and Interagency Linkages Ground water protection programs must link local, state, and federal activities into coherent coordinated action to be effec- tive. Ground water is affected by a wide variety of human activities and land uses. Moreover, ground water is affected by and, in turn, affects all other environmen- tal media land, surface water, and air. Consequently a strong, coherent intergov- ernmental program is essential in protect- ing ground water. Effective Implementation and Adequate Funding Ground water protection programs must have adequate authority and resources and stable institutional structures to be ef- fective. These must include (a) adequate legal authority to take action; (b) adequate long term funding in light of the serious- ness of the ground water problem and ef- forts necessary to reach objectives; (c) sufficient personnel with adequate train- ing, expertise, and skills and with an ongo- ing program for professional development; and (d) funding mechanisms and strate- gies to sustain activity over time. Economic, Social, Political, and Environmental Impacts A preventive program is based on the assumption that prevention of ground water contamination is the least costly protection strategy in the long run. There- fore, protective actions should be evalu- ated in terms of their economic, environ- mental, social and political impacts. The following factors should be weighed: (a) the feasibility and costs of control, the value of the resource to be protected: (b) the alternative sources, land uses, environ- mental and economic impacts that would result from controls; and (c) the potential effects on public health and the environment. ------- Public Support and Responsiveness Ground water programs must be respon- sive and credible to interested groups of people and to the general public. Programs should (a) foster public understanding and support, (b) involve the public in program design and evaluation, (c) balance expedi- tious exercise of authority and consulta- tion with affected parties, and (d) consider the equity of the distribution of benefits, costs, and burdens and the relative ability of various classes and groups of people to bear them. While no single program can be held out as a model for others to follow, many dif- ferent practices used within each state and local area comprise a reasonable ar- ray of alternative ground water protection program designs with features the com- mittee believes show much promise in pro- tecting ground water quality. Selected Highlights The report emphasizes the need for elimination and reduction of the sources of ground water contamination and re- commends ways to help eliminate or reduce both hazardous and nonhazardous waste. Some of the ground water protec- tion programs examined by the commit- tee prohibit the land disposal of hazardous wastes. However, many states lacked any methods for hazardous waste manage- ment and treatment. These prohibitions and shortcomings usually resulted in ex- portation of hazardous wastes to other states which allowed their treatment and disposal. A key recommendation to states is that they develop a plan for treating, storing, or disposing of hazardous wastes within their own boundaries, rather than exporting to other states. The committee believes that exportation of hazardous wastes is a temporary expedient which generally increases risks associated with transportation and decreases the assured overall level of environmental protection. One program highlighted in the report is New Jersey's Environmental Cleanup Re- sponsibility Act (ECRA) which places responsibility for cleanup on industry before sale of property to a new owner. The committee found that this type of legislation can provide an effective preven- tion incentive as well as a remedial pollu- tion control program and recommended that other states consider adopting a similar program. The report recommendations also focus on prevention of pesticide contamination and the purposeful application of agricul- tural chemicals to land. Several strategies io reduce pesticide contamination of ground water include (a) maintenance of a pesticide use data base for each state; (b) registration procedures for certain chemicals that have potential for leaching into and contaminating ground water; (c) a pesticide tax to fund monitoring; (d) cancellation of pesticide registration at local levels; and (e) economic incentives, legislation, and financial support for source reduction. The report recommends that state and local programs obtain the necessary hy- drogeological information for each region and that the U.S. Geological Survey ex- pand its technical assistance and information-gathering programs to assist states in this effort. Classification of ground waters using a system as in Con- necticut, was also seen as an effective tool for optimizing ground water protec- tion efforts and was recommended in con- junction with a mapping program that specifically identifies critical areas and resources for special protection. Another key recommendation is that land use controls should be considered as an essential part of a ground water pro- tection program. Although land use con- trols are best carried out at the local level, the committee believes that state and fed- eral governments can encourage land use controls in combination with other meas- ures to protect ground water. The effec- tiveness of land use controls is limited by preexisting development. Therefore, it is recommended that land use controls be implemented at early stages for vunerable undeveloped areas. Successful ground water prtection pro- grams also require adequate legal author- ity and substantial funding for planning and design as well as implementation. It was found that many of the more attrac- tive programs examined (e.g., California, Ljong Island, New York and Cape Cod, Mas- sachusetts) have benefited from past federal support under Sections 106 and 208 of the Clean Water Act and the Safe Drinking Water Act. Therefore, the com- mittee recommended that the federal gov- ernment provide financial support for development and implementation of state- or basin-level programs; that states con- sider a variety of funding mechanisms in- cluding user and disposal fees as well as general revenues for program support; that states play a key role in expanding the number of well-trained hydrogeologists by providing more support of hydrogeologic program in colleges and universities; and that the federal government provide tech- nical support to state and local govern- ments through research on health and environmental effects of ground water contamination, fate and transport of pol- lutants, and technologies and strategies for ground water protection. The report also addresses political mo- bilization and public participation and sup- port of ground water protection programs. One of the key recommendations states that attention should be directed to the need to attract and develop high level political leadership to shepherd ground water protection legislation and ensure commitment to continued funding and im- plementation of ground water programs. The committee believes that networks must be established and maintained be- tween ground water program managers and the media. Media coverage of ground water issues is more likely to be fair and balanced when managers have estab- lished a reputation for openness and ac- curacy. In addition a public intervener type program was recommended to states when public confidence or interest is not recognized or adequately incorporated in ground water protection programs. In its review of ground water programs, the committee found no program which conducted an economic analysis of costs and benefits of ground water protection. However, the committee believes that eco- nomic analysis is one of the useful ways programs and strategies can be judged and recommended that economic analyses be conducted of existing and pro- posed ground water protection measures so that experience can be gained with techniques and data requirements, and decision-makers can become fa> K with the results of such analyses. In summary, the committee believes that the essence of prevention is anticipation, planning, assessment, and preventive action. These preventive efforts anticipate adverse effects from chemical and land use practices and the disposal of waste and provide the necessary protection of ground water with emphasis on prevention of pollutants at the source. Although the information in the printed report was funded wholly or in part by the U.S. Environmental Protection Agency un- der Cooperative Agreement No. CR811815 to the National Research Council, it does not necessarily reflect the views of the agency and no official endorsement should be inferred. ------- The Project Summary was prepared by the Committee on Ground Water Quality Protection, Washington, DC. Steve Cordle is the EPA Project Officer (see below). The complete report, entitled "Ground Water Quality Protection: State and Local Strategies,"(Order No. PB86-241 387'/AS; Cost: $30.95, subject to change) will be available from: National Technical Information Service 5285 Port Royal Road Springfield, VA 22161 Telephone: 703-487-4650 and National Academy Press 2101 Constitution Avenue, N.W. Washington, DC 20418 (Code No. H20PRO; Cost: $24.50) The EPA Project Officer can be contacted at: Office of Environmental Processes and Effects Research U.S. Environmental Protection Agency Washington, DC 20460 United States Environmental Protection Agency Center for Environmental Research Information Cincinnati OH 45268 Official Business Penalty for Private Use $300 EPA/600/S5-86/001 60604 ------- |