What if goals are missed because of nonpoint sources?
Under the Clean Water Act, the EPA has little authority over nonpoint sources, such as runoff from farm fields, lawns or septic systems. As a result, its back-up actions target the sources it has authority to regulate. Forcing further reductions from wastewater treatment plants could be hugely expensive, and the threat of denying permits could affect new development. The EPA believes states will develop tougher nonpoint source control programs as part of their implementation plans to avoid such consequences. Why is Congress considering legislation that requires the same state actions as the EPA? Sen. Ben Cardin and Rep. Elijah Cummings, both Maryland Democrats, have introduced Chesapeake Bay Program reauthorization legislation that embodies much of the EPA’s proposed actions under the Bay TMDL. But the EPA’s proposals are based on agency interpretations of its authority under the Clean Water Act. By making the agency’s plans part of the law, the legislation provides a stronger legal fo
