Regulating Nonpoint Source Pollution in the Ottawa River Watershed
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Queen’s Policy Review Volume 2, No. 2 (Fall 2011) Regulating Nonpoint Source Pollution in the Ottawa River Watershed Alex Carr Carleton University ABSTRACT Nonpoint source pollution, such as agricultural, urban, and septic tank runoff, is a major issue facing the Ottawa River watershed, one of Canada’s largest tributaries. As regulation of point source emissions have tightened around the world, attention has turned to regulating nonpoint sources, which are often more harmful and difficult to curb. This paper demonstrates what the field of environmental economics can offer towards management of this issue. Three policy instruments, ranging from standards, to tradable permits and to taxes, are assessed for their applicability to current issues and the overarching stakeholder environment. Introduction Nonpoint source (NPS) pollution, such as agricultural, urban, and septic tank runoff, is a major issue facing the Ottawa River watershed. As regulation of point source emissions have tightened around the world, attention has turned to regulating nonpoint sources, which are often more harmful and difficult to curb. This paper will demonstrate what the field of environmental economics can offer towards management of this issue. After setting the context, including a discussion of jurisdictions and relevant legislation, this paper will identify the specific pollutants and their 80
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) sources. It will then discuss how to set the environmental targets using a stakeholders approach. At this point, an in-depth analysis of policy instruments will help determine the most effective and efficient way of abatement. Special attention will be paid to the idea of introducing an emissions trading scheme between point and NPS polluters. The paper will then conclude with a brief discussion of the best ways forward. Guiding this research is a strong belief that bringing together the various stakeholders involved—though there are many—in a meaningful fashion, and addressing complicated jurisdictional conflicts will be critical to ensuing successful outcomes. There are also opportunities to learn from other efforts at watershed management. The key will be determining what has been effective in the past, and whether those policies can be applied to the Ottawa River context. Context The Ottawa River is significant for a variety of reasons. At over 1,000 km in length and with a vast watershed of over 146 000 km2 1, The Ottawa River is home to diverse flora and fauna. The river’s rich biodiversity is matched by its mighty flow, from headwaters in southwestern Quebec to its mouth at the St. Lawrence River. Besides its mighty geography the Ottawa is also historically and socially significant. Considered the heartland of the Algonquin, the Ottawa River, or ‘Kichi Sibi,’ has been the site of First Nations hunting, trading, and settlement for millennia. The river also played an important role in the colonization of Canada, as an avenue for continental exploration, the site of expanding fur trade, and the development of the logging industry. It serves as the boundary between Ontario and Quebec, which makes the river politically significant, but presents jurisdictional problems. The watershed is also home to 1.7 million residents and the National Capital Region. Economic activity in the area is highlighted by power generation, pulp and paper, agriculture, and many forms of recreation. Despite its importance, the Ottawa River has no comprehensive water management plan. Efforts to protect the river have been uncoordinated and inconsistent2. Besides NPS pollution, the watershed suffers from a number of environmental problems, including dam and power generation activity, the Chalk River nuclear station, urban and shoreline development, wetlands conservation, and climate change. While this paper will focus on NPS pollution, the approach involved and principles detailed could serve as a starting point for renewed interest in comprehensive management of this resource. 81
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) Jurisdictions Water-pollution regulation in Canada, particularly for NPS pollutants, has not been prioritized as it has in other developed regions. In the U.S. the EPA has labeled runoff as the leading threat to water quality, and has thus tackled the issues through the Clean Water Act. The EU’s Water Framework Directive has mandated all water bodies meet ‘good’ water quality standards and have established provisions to help countries meet those objectives. No such legislation exists in Canada, and the issue of runoff has been largely ignored. In Canada, water-pollution is mainly a provincial responsibility, although the federal government has authority through the Fisheries Act. This legislation sets standards for substances that are detrimental to aquatic life, but it is inconsistently applied and rarely enforced. Health Canada also sets guidelines for drinking water, and the federal government provides funds to municipalities to upgrade their sewage treatment facilities. Provincial regulation of water quality is also geared towards point source emissions and ensuring safe drinking water. Since the E-coli water contamination in Walkerton, Ontario in 2000, the Ontario government has become slightly more proactive in regulating NPS emissions, for example manure runoff. They have introduced some technology-based standards to 3 4 encourage better farming practices . According to Brown , however, the “reactive and piecemeal approach to managing our river is inefficient and uncoordinated.” The river’s integrity is dependent on pollution from both sides of the border. An interprovincial watershed-based management plan that can address NPS pollution is therefore necessary. Leadership to overcome the complications from overlapping jurisdictions must come the federal government. This could be in the form of a regulatory body, comprised of representatives from all levels of government and key stakeholders, as was done in with the St. Lawrence River5. NPS Pollutants in the Ottawa River Watershed While the jurisdictional issues are complex, sources of nonpoint pollutants are relatively well known. In NPS pollution, “water flows on the surface, dissolving and washing away pollutants and soil sediments along its path and finally discharging into receiving waters6. Pollutants flow into the Ottawa River directly, and indirectly through runoff into lakes, tributaries, creeks, wetlands, and groundwater. This is particularly acute during large rainfalls and snow melt. Pollution from nonpoint sources can be incredibly harmful because they are often untreated, 82
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) unregulated, and difficult to contain. As such, they have been more or less ignored in the Ottawa River watershed context. The Ottawa Riverkeeper report describes three major types of pollutants affecting the watershed: 7 pathogens, nutrients, and toxins . Pathogens are disease-causing microorganisms, such as bacteria and viruses. These pollutants come from wildlife, farm animals, septic tanks, and leaky sewer infrastructure. Beach closures resulting from such pollutants are a serious issue in the Ottawa-Gatineau area. Levels of infectious agents, such as E-coli, frequently exceed provincial guidelines, leading to mandated urban beach closures. For example, in Ottawa, the 8 Petrie Island beach was closed 11 out of 71 days in 2005 . The frequency of such alerts has tarnished the view of river recreation9 and leads to social and economic loss. Nutrients are compounds that stimulate plant growth, for example nitrogen and phosphorous. The primary sources of these pollutants are agricultural runoff, septic tank seepage, and urban runoff. Nutrients can be found in sewage, manure, chemical fertilizers, and lawn care products. Around the world, agricultural fertilizer runoff is regarded as the biggest contributor of eutrophication of waterways, and is a major source of pollution for the Ottawa River watershed. Nutrients stimulate the growth of aquatic organisms such as phytoplankton, which deplete water of dissolved oxygen, a necessary condition for other aquatic life. They also contaminate water supply and contribute to water acidification. Phosphorous levels in the Ottawa River watershed are a particular 10 concern . Furthermore, it is estimated that 25% of those living in the 11 region rely on septic systems . Improperly maintained, constructed, or located septic systems can leak effluent into the watershed. Toxins include heavy metals, such as lead and zinc, pesticides, and organic compounds like PCBs. These pollutants harm aquatic and human life, are resistant to breaking down, and also bioaccumulate in the food chain. They come from a variety of nonpoint sources, particularly agricultural and urban runoff, such as salts, oils, and sewage overflow. Over the years, more attention has been paid to urban runoff, as regulators began to realize that it accounted for many of the environmental problems in water bodies downstream or within urban areas12. Fish in the Ottawa River are exposed to endocrine disrupter chemicals (EDCs), which negatively affect growth and reproduction in animals13. These substances come from a variety of sources, including pesticides, fertilizers, antibiotics, and hormones, as well as urban runoff from pharmaceuticals and personal body care products14. Recreational boating is another source of pollution when vehicles leak fuel, engine oil, and toxic cleaning products. Metals 83
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) such as copper can be found in many smaller tributaries around the city of Ottawa, primarily coming from runoff from roads, construction, and other 15 urban activity Clearly sources of nonpoint pollutants are numerous and varied. On a positive note, abatement techniques for many of these NPS pollutants are practiced across North America and the world, and can be readily applied in the Ottawa River context. The main challenge for regulators will be determining environmental targets and what policy instruments will be the most efficient and effective in meeting those objectives. Environmental Targets and Stakeholders Levels of NPS pollution depend on a variety of factors, including land-use practices, soil properties, topography, and weather. For example, runoff pollution can be episodic in cases of large rainfall events. As a result of the complex nature of NPS pollution, choosing appropriate policy instruments poses a challenge for regulators. The first step, however, is establishing environmental targets. For the Ottawa River watershed several considerations should go into deciding these objectives. Stakeholder views on acceptable levels of damages and abatement are critical. A survey of residents in Ottawa-Gatineau in 2008 demonstrated that public perception about river water quality is quite pessimistic. Half of those surveyed believe the river is ‘highly’ or ‘quite’ polluted16. The study shows that residents living in the National Capital Region are concerned about the river and therefore would be keen on setting stricter environmental targets. Urban dwellers, however, are just one stakeholder. Rural and small town residents, especially those living downstream from Ottawa-Gatineau where water quality issues are more pronounced, are also important. Given that septic tanks are a significant source of pollution, these individuals may be directly affected by policy. Likewise small town and rural municipalities, as polluters and policymakers, are a key stakeholder that must be involved in setting environmental targets. Recreational users of the watershed also have a vested interest in regulatory intervention. Sport-fishers, swimmers, and boaters all depend on good water quality, uncontaminated fish, and sufficient flow rate. At the same time, Algonquin First Nations have been living in the Kitchi Sibi watershed for thousands of years17. Not only should they be granted stakeholder standing, because of their vested interest, but they should also be solicited for their vast knowledge. The watershed is their traditional hunting, fishing, and settlement ground. Their local knowledge 84
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) could prove invaluable for determining thresholds, targets and policy. If First Nations are brought into the process in a meaningful fashion, their historical perspective on vital issues such as water levels, flow rate, fish stocks, and the impact of weather will inform scientists, engineers, and regulators, and fill gaps in information. This type of insight is also useful given the uncertainty of climate change and the interaction between the river and climate. NPS polluters themselves have the most at stake with policy intervention. Most emissions come from agricultural, urban, and septic system runoff, meaning there are a myriad of polluters involved. In establishing targets and policy there are many factors to consider. How should regulators distribute the burden among these actors? There is a fairness argument that states the worst offenders should bear the brunt of emissions reductions. At the same time, if farming is a major source of pollutants, it might be undesirable to punish them too severely. Not only is it a politically sensitive issue, but putting pressure on farming might also be socially objectionable, given its importance vis-à-vis local food, food security, and society’s general nostalgia for that way of life. Particular attention should be paid to meaningful discussions with farmers. Their ‘buy-in’ to water management is crucial. Direct personal contact and appealing to their sense of stewardship has been shown to be an effective method of negotiating reduced emissions through better practices18. Municipalities are largely responsible for runoff of salts, oils, and other harmful compounds. Luckily, Ottawa and Gatineau are the only two main urban areas, and therefore this aspect of the problem may be easier to regulate. Given that agriculture and septic tanks are major NPS polluters, rural municipalities with jurisdiction in those areas will need to be brought on board and given a voice as well. Clearly there are economic, social, and political hurdles in regulating nonpoint sources that must be navigated. A mutually agreeable solution, however, must be guided by science-based evidence. Water quality along a vast watershed such as the Ottawa River’s is dependent on many factors and requires scientific and engineering analysis, monitoring, and modeling. For example, there may be some thresholds with regards to levels of pollution that cannot be surpassed. The marginal damages of some compounds could be high enough to warrant zero emissions. Given its considerable flow rate, the river’s assimilative capacity in this respect is likely substantial. Similarly, if the effects of potentially harmful pollutants are not understood or uncertain, then employing the precautionary principle may be the best option until information gaps can be addressed. At the same time, there are different types of thresholds. For 85
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) 19 example, the Ontario government sets guidelines for consumption of fish . If fish stocks are too contaminated, they become uneatable, resulting in societal loss. Lake sturgeon, which are important for First Nations and support a small fishery, have already plummeted because of anthropogenic stressors, such as dam and power generation, overfishing, and pollutants, including from non-point sources2021. The real challenge lies in attempting to model how nonpoint sources interact with the local ecosystem and how the entire watershed is affected. The stochastic nature of NPS pollution makes this even more challenging, considering that unpredictable factors such as the weather plays an important role. Guided by science, stakeholder input, and local knowledge – particularly indigenous knowledge – environmental targets for key indicators could be set by an intergovernmental regulatory. Common indicators of water quality include dissolved oxygen or biological oxygen 22 demand. Taebi and Droste also suggest looking at sediment, nutrient levels, pH balance, conductivity, and heavy metals. There will no doubt be divergence in perspectives among stakeholders, particularly for those that will be most affected by establishing targets where before regulation was absent. Establishing environmental targets is about the trade-off between environmental improvements and costs to society. Environmental economics offers a simplistic model to remedy this situation by equating marginal damages (MD) of a pollutant with the marginal abatement costs (MAC) to polluters. This principle minimizes costs to society, but is sometimes difficult to implement in reality. Policy Instruments Clearly the nature of non-point source pollution and the various stakeholders involved makes for a complicated policy situation. This paper will now briefly investigate three policy options—standards, taxes, and tradable discharge permits—paying particular attention to the idea of establishing an emissions trading scheme between point and NPS polluters. Guiding this analysis are the five objectives of environmental policies advanced by Barry & Field23: efficiency, equity, innovation incentives, administrative ease, and political feasibility. In the end, this section will shed light on whether market-based approaches are suitable, or if the issue requires traditional heavy-handed action such as standards or taxation. Standards In Canada, the most frequent policy remedy for water quality has 86
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) been emission standards. As discussed earlier, there are several laws, regulations, and guidelines on the books at various levels of government. Regulation, however, has been geared towards point source polluters, such 24 as the pulp and paper industry , or more recently, municipal wastewater 25 treatment . The U.S. and EU have established comprehensive standards for water quality, including mandated actions to combat NPS pollution. One option is to implement technology-based standards (TBS) across the watershed. Standards could be set for NPS emitters, for example septic tanks, based on ‘best-available technology.’ Essentially residents would be forced to upgrade outdated or poorly located septic systems. Applying standards can be effective because they force nonpoint emitters to abate. This is particularly useful if there are known thresholds or if pollutants are particularly toxic. These policies, however, rarely meet efficiency criteria, unless individual standards are set according to each polluter’s marginal abatement cost curve. This would be extremely onerous in the context of the thousands of NPS emitters in the Ottawa River watershed. “[W]ithout some link to MAC and MD, one cannot tell whether elimination of contaminants is socially efficient”26. Given the high social costs, uniform standards across the region will be politically unfeasible, and would be administratively onerous. For example, manure spreading and tillage rules on farms require substantial monitoring and enforcement. While emissions standards provide some incentives for research and development, in the case of TBS, incentives are undermined entirely. Incentives under emissions standards, however, are weaker than those created by market- based initiatives, such as tradable discharge permits. Taxes Another possible instrument to curb NPS pollution is the use of a tax. There are several forms of taxes associated with nonpoint sources, and they are typically geared towards agricultural runoff. The most common is an input tax. For example the provincial government could impose a levee on fertilizers or pesticides. The increased price should theoretically lead to decreased usage of damaging inputs or a switch to practices that require less nutrients. Another advantage of the input tax is relative administrative ease. It involves virtually no enforcement costs on the emissions side, although some monitoring to gauge effectiveness is recommended. Unfortunately, this policy does not account for the variable nature of runoff itself. Imposing a uniform tax ignores the fact that runoff is affected by area-specific factors. A specific change in harmful inputs does not always lead to a proportionate change in runoff, as MD are governed 87
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) by factors such as topography and soil conditions. In this way, input taxes are inefficient. Issues of fairness also arise when we consider that different crops require varying amounts of fertilizer. Equity among farmers is a sensitive issue. Depending on the level of tax, this increases the cost of farming, an industry not known for its profitability. Another consideration is that “regulating the intensity of one input affects the intensity of all other inputs, [therefore] an input tax should be accompanied by a 27 restriction on land acreage” . Such measures are likely to be politically unfeasible, not only because of the general unpopularity of taxes, but also because of the accompanying managerial restrictions on land use. There are also issues with setting the tax at the correct level, an inherently political decision. If input taxes are not high enough, polluters may not reduce emissions. Unless regulators in the Ottawa River context manage to obtain perfect information from stakeholders on marginal damages and abatement costs, setting a tax at the efficient level will be impossible. Implementing a flexible system where the tax can be readjusted is also challenging and impractical. Another possibility is the implementation of an emissions tax. Emissions taxes avoid some of the pitfalls of input taxes. Most importantly, it comes closer to employing the polluter pays principle. NPS emitters are taxed based on total emissions, as opposed to inputs. They also provide strong incentives to innovate and adopt new technologies with lower MACs28. For nonpoint sources, however, this particular policy becomes administratively unpalatable. Ambient emissions must be measured. In the case of the Ottawa River’s immense geographic area and dispersed nonpoint sources, this would be prohibitively expensive. Romstad29 proposes a ‘team approach,’ whereby groups of NPS polluters are held collectively liable through taxation for wider ambient emissions and therefore must bargain over abatement amongst themselves. While this proposal improves economic efficiency it still requires substantial monitoring costs. Additionally, “ambient tax revenues raised in many cases would be far greater than farm revenues”30, making these policies even less politically attractive. In either case, imposing a tax will be fraught with political negotiation and will no doubt be set lower than the efficient level unless many other concessions are made. Tradable Discharge Permits In some jurisdictions, water quality trading (WTQ) has gained prominence over command-and-control policies. The main idea is to determine the aforementioned sustainable level of pollution and cap total 88
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) emissions at that level. At this point emissions permits are either auctioned or grandfathered to polluters, and are then traded on a market. In the U.S. for example, the Clean Water Act and mandated ‘total maximum daily 31 loads’ has resulted in a flurry of interest in WQT schemes . The majority of these projects involve nutrient trading, specifically phosphorous and nitrogen32. Since the adoption of the EU Framework Directive on water quality, the EU has also moved towards market-based instruments33. Principles of environmental economics state that emissions permit trading results in a socially efficient outcome. Permit markets depend on trading opportunities, so that companies with the lesser abatement costs are reducing emissions first. Abatement costs for point sources, such as pulp and paper mills, have risen dramatically with increased regulation over the past several decades, and can be up to sixty-five times higher34. While reductions in point source pollution has been crucial, regulators have realized that NPS pollution can cause as much if not more harm to water quality. Thus, ‘watershed-based’ effluent trading has been given increased attention in the past several years. Nonpoint sources have lower abatement costs, and can therefore sell discharge permits to point source emitters. In the Ottawa River context, if a nutrient trading program was established, there are a number of ways NPS emitters can abate and thus sell permits. For agriculture, these include soil erosion control, livestock exclusion, constructing riparian buffers, rotational grazing, rehabilitated wetlands, cover-cropping, and land retirement. Urban runoff abatement is not usually included in trading schemes, although it is theoretically possible. Improving practices such as construction site management or decreasing municipal usage of salts and oils on roadways could also be credited. Clearly WQT between point and nonpoint sources in the Ottawa River watershed is an alluring prospect. Despite this appeal, experience with WQT between point and nonpoint sources has been mixed. In the U.S. while some programs have resulted in substantial savings over the command and control option, others have not35. In some cases, “point sources did not have the flexibility to chose between implementing in-plant control measures and purchasing reduction credits from nonpoint sources”36. This set-up violates a key aspect of true market-based trading schemes, where the regulator must cede management and abatement decisions to polluters37. On top of this, market efficiency requires a large pool of participants, including some willing to sell permits at a relatively low cost. While the Ottawa River watershed is large geographically, polluters are not densely located. Most WQT regimes have been established in areas of dense agricultural, industrial, or residential activity38394041. It is unclear whether 89
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) the Ottawa River Watershed will yield a large enough pool of participants for effective market performance. One suggestion is to include privately 42 owned septic tanks . This would certainly increase the size of the Ottawa River watershed trading market. Proper monitoring and enforcement would be crucial to ensure reductions are carried out. Similarly, WQT schemes rarely support the trading of permits for multiple pollutants. According to Sarang et al.43 “cross-pollutant trading for pollutants that affect dissolved oxygen concentrations [is possible] whenever enough information exists to implement the trades and determine the resulting impacts on water quality”44. Given that there are a number of pollutants and sources that affect dissolved oxygen in the Ottawa River watershed, this would be useful, although it would be crucial to employ proper weighting techniques for each pollutant. Several aspects of this type of scheme present challenges for the Ottawa River watershed context. In point to nonpoint emissions trading, there are four criteria necessary for effective and efficient trading: efficiency, equivalency, additionality, and accountability45. Efficiency refers to the aforementioned principle, where trading results in the pollution abatement at the lowest cost. As we will see, it is unclear whether WQT in the Ottawa River watershed can reach this target. In practice, designing, implementing, monitoring, and enforcing these programs can be costly and undermine the theoretical efficiencies. As Stavins46 points out, “transaction costs increase the aggregate costs of control indirectly by reducing total trading volume and directly by adding to the total costs of 47 control” . Establishing equivalency between point and non-point pollutants is also tricky. Point sources emissions are easy to measure. Nonpoint sources, on the other hand, are weather dependent and hard to measure, both in their quantity and marginal damage to a water body. While models are created to simulate effects of NPS pollution as well as to estimate the marginal damages and abatement curves48 much uncertainty remains. This ambiguity becomes a point of dispute when setting up WQT initiatives. Establishing an equivalency in emissions between pollution from pulp and paper mills and agriculture, for example, is riddled with complication. In order to account for the spatial variations and uncertainty of nonpoint emissions, trading ratios are usually set larger than one by regulators. The end result of this is that costs of NPS abatement are increased. These issues are a major stumbling block in terms of political feasibility. Farmers in the Ottawa River watershed might even argue that pulp and paper factories or municipal wastewater facilities are more harmful because they create ‘hot spots.’ These schemes also affect NPS emitters differently. Some will benefit greatly from selling permits, 90
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) whereas others, for example farmers “growing crops with low fertilizer intensity on poor soils benefit relatively little, if at all”49. In fact, when permits are allocated to point sources based on historic pollution reductions, “the majority of farmers actually become net buyers of effluent 50 permits and net losers” . The additionality criterion is also important. This stipulates that a NPS reduction credited to a point source “would not have occurred 51 otherwise, in the absence of a point-nonpoint trading”. In Ontario, there are pre-existing provincial programs that promote better manure practices on farms, therefore the regulator must carefully vet trades to ensure that abatement occurs as a result of trading. Lastly, accountability refers to the monitoring and enforcement of the overall trading scheme, and ensuring all other criteria are being met. In the Ottawa River watershed, establishing trading ratios and monitoring the entire initiative might require substantial costs due to the wide and variable geographic area. “[A] high degree of accountability achieved by regulatory means, such as inspections and legal actions, will increase program costs”52. One way to limit inspection costs is by encouraging the use of abatement that is easily verifiable, for example construction of riparian buffers or land retirement53. Given the complex jurisdictions, an Ottawa River WQT initiative would also require an intergovernmental regulatory body. This entity would be charged with approving every trade, and given the authority to nix past trades based on inspection. In the end, the tradeoff between economic efficiency and environmental accountability must be considered. 54 According to Malik , when enforcement, monitoring, and transactions costs are high, market-based initiatives are no more cost-effective than traditional pollution control technology-standards. One final consideration is that WQT brings up ethical concerns, whereby environmentalists and other stakeholders take issue with the allocation of property rights to pollute. In the Ottawa River context, stakeholder concerns will no doubt manifest themselves, perhaps from First Nations or environmentalist groups. Woodward55 finds that the widespread resistance of regulators to give polluters the right to emit, and therefore allow WQT programs to operate freely, has hindered market performance. There will no doubt be similar pressures in Canadian context to maintain a high degree of control over any trading scheme. The complexities of the Ottawa River context cast doubt on the economic efficiency of this approach. 91
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) Discussion Using one single instrument can be problematic in the context of NPS pollution because of the variability inherent in runoff. “Thus single instruments based on mean emissions do not account for the risk of 56 stochastic loads and may be neither efficient nor effective” . Large rainfall events or unusually dry seasons result in very different runoff effects, therefore inflexible instruments such as an input tax, which are set based on predicted emissions, will be inefficient. The regulator could set emission target based on ‘worst-case scenario,’ however it is likely to be politically unfeasible. Research shows that the success of market-based initiatives, such as WQT, over managerial control, such as standards, depends on random factors such as the weather57. Given this uncertainty, 58 59 60 many authors have proposed mixed instruments as a solution . For farming, input or emissions taxes could be combined with subsidies or educational programs to develop practices that reduce runoff and harmful inputs. ‘Landowner’ learning programs that involve direct interpersonal contact have been shown to be particularly effective61. In abating their emissions, farmers will be engaging in more long-term sustainable practices, such as crop-switching or allowing soil to rest through land retirement. “Managerial options can also generate ancillary environmental benefits in terms of wildlife habitat and landscape amenity value, which would increase their cost-effectiveness by reducing their net social costs”62 Because of their numbers and spatial dispersal, technology- based standards might be the only viable option for septic tanks. Financial incentives could be offered to rural residents for system upgrades. In the St. Lawrence Plan for Sustainable Development63, both the Province of Quebec and federal government are providing subsidies on the micro level for farming best practices, and evaluating which specific techniques yield the most effective runoff reduction. Once results are published, these findings can be applied to the Ottawa River context. The reality is that NPS “pollution literature is primarily model-drive and lacks empirical studies of implemented policy tools”64. As a result, regulators should proceed with caution and will most likely focus on the ‘low-hanging’ fruit of pollution abatement, leaving tougher or more elaborate mechanisms for the future. This paper has shown that a stakeholders approach is crucial to this process. It is possible that the stakeholder cooperation involved in establishing a regulatory body and environmental targets could act as a stepping-stone towards voluntary regulation. Voluntary regulation is appealing because of its administrative ease and political feasibility. 92
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) Whether such a scheme would be lead to real abatement of NPS pollution in the Ottawa River watershed, however, is unclear. Success depends on participation, independent monitoring, and a credible enforcement threat if 65 it fails to produce environmental improvements . Besides voluntary regulation, future research might also consider the usefulness of more decentralized policies, such as liability laws and assignment of property rights. Though not commonly practiced in Canada, these policies can offer socially efficient outcomes, but they also entail litigation and moral considerations. Conclusion The Ottawa River watershed is significant in many ways. It holds a special place in the hearts of users, and its historical and political importance means the River is part of Canada’s heritage. Despite its importance, there is no broad, long-term plan for the management of this resource. Although recent policies are well intentioned, for example the recent ban on cosmetic fertilizers in Ontario and Quebec and technology- based standards for farm manure, the issue of NPS pollution requires comprehensive and coordinated action. Leadership and cooperation between governments has been lacking. In the future, stressors like climate change, growing population, and aging infrastructure will likely accentuate these problems. NPS pollution is one of many issues facing the Ottawa River, and therefore the insights offered by environmental economics and the framework of this paper should be applied towards a broader management plan, one that includes all stakeholders and guarantees the sustainability of this resource. 93
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) NOTES 1 Haxton, T., (2002): 449 2 Ottawa Riverkeeper, (2006): http://ottawariverkeeper.ca/programs/the_river_report/ 3 Field, Barry C. and Olewiler, Nancy D., (2005): 316 4 Brown, Meredith, (2008) 5 Canada and Quebec, (2008) 6 Taebi, Amir & Droste, Ronald L. (2004): 175 7 Ottawa Riverkeeper, supra note 2: 51 8 Ibid: 62 9 Chung, Emily, Fischer, Steve and Gamache, Nick. (2008). 10 City of Ottawa, (2006). 11 Ottawa Riverkeeper’s River Report, supra note 2: 38 12 Taebi, Amir & Droste, Ronald L., supra note 6: 327 13 Picard-Aitken, Michelle, Fournier, Henri, Pariseau, et al, (2007): 200–211 14 Ottawa Riverkeeper’s River Report, supra note 2: 60 15 City of Ottawa, supra note 10 16 Segma Unimarketing, (2008) 17 Koschade, Bettina and Peters, Evelyn, (2006) 18 Ryan, Clare M., (2009): 43 19 Ontario, (2009): http://www.ene.gov.on.ca/en/water/fishguide/index.php 20 Haxton, T., supra note 1: 18 21 Harkness, W. J. K. and Dymon, J. R., (1961) 22 Taebi, Amir & Droste, Ronald L., supra note 6: 327 23 Field, Barry C. and Olewiler, Nancy D., supra note 3 24 Ottawa Riverkeeper, supra note 2: 49 25 Field, Barry C. and Olewiler, Nancy D., supra note 3 26 Ibid: 305 27 Aftab, Ashar, Hanley, Nick, and Baiocchi, Giovanni., (2010): 30 28 Field, Barry C. and Olewiler, Nancy D., supra note 3: 235 29 Romstad, Eirik, (2003): 47 30 Ibid: 72 31 Lankoski, Jussi, Lichtenberg, Erik, and Ollikainen, Markku, (2008): 1044–1058 32 Veil, John. A. (1998): 39-49 33 Cools, Jan, Broekx, Steven, Vandenberghe, Veronique, et al (2010): 44-51 34 Bacon, E.F., (1992) 35 Fang, Feng., Easter, K. William, and Brezonik, Patrick L., (2005) 36 Ibid: 655 37 Shabman, L., K. Stephenson, and W. Shobe, (2002): 4 38 Woodward, Richard T., (2003): 35-245 39 Fange, Feng., Easter, K. William, and Brezonik, Patrick L., supra note 35 40 Lankoski, Jussi, Lichtenberg, Erik, and Ollikainen, Markku, supra note 29: 1044–1058 41 Cools, Jan, Broekx, Steven, Vandenberghe, Veronique et al, supra note 33: 44-51 42 Woodward, Richard T., supra note 38: 235-245 94
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) 43 Sarang, Amin and Lence, Barbara J. and Shamsai, Abolfazl. (2008): 620–646 44 Ibid: 622. 45 Senjem, N. (1997): 5 46 Stavins, R.N. (1995): 133-148 47 Ibid: 144 48 Cools, Jan, Broekx, Steven, Vandenberghe, Veronique, supra note 33: 44-51 49 Lankoski, Jussi, Lichtenberg, Erik, and Ollikainen, Markku, supra note 29: 1057 50 Ibid: 1057 51 Senjem, supra note 45. 52 Fang, Feng., Easter, K. William, and Brezonik, Patrick L., supra note 35: 648 53 Lankoski, Jussi, Lichtenberg, Erik, and Ollikainen, Markku, supra note 29: 1056 54 Malik, A.S. (1992): 714-721 55 Woodward, Richard T., supra note 42: 235-245 56 Aftab, Ashar, Hanley, Nick, and Baiocchi, Giovanni, (2010): 30 57 Ibid 58 Dowd, Brian M., Press, Daniel, and Huertos, Marc Los (2008): 151–161 59 O’Shea, L. (2002): 49–63 60 Weersink, M. (2002): 265–273. 61 Ryan, Clare, supra note 18: 1122-1130 62 Aftab, Ashar, Hanley, Nick, and Baiocchi, Giovanni, supra note 56: 32 63 Canada and Quebec, supra note 5 64 Dowd, Brian M., Press, Daniel, and Huertos, Marc Los, supra note 58: 155 65 Ibid. 95
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) REFERENCES Aftab, Ashar, Hanley, Nick, and Baiocchi, Giovanni. (2010) “Integrated regulation of nonpoint pollution: Combining managerial controls and economic instruments under multiple environmental targets.” Ecological Economics, Vol. 70, 24-33 Bacon, E.F. (1992), Use of Economic Instruments for Water Pollution Control: Applicability of Point Source/NPS Trading for Pollutant Discharge Reductions to Washington State. (Bethesda, MD: Apogee Research Inc.) Blackman, Allen. (2009) “Colombia’s discharge fee program: Incentives for polluters or regulators?” Journal of Environmental Management, Vol. 90, 101-119. Brown, Meredith. (2008) “A river runs through them.” The Ottawa Citizen. July 22, 2008. CanWest MediaWorks Publications Inc., accessed online at: http://www.canada.com/ottawacitizen/news/story.html?id=7a664e15- 3cb2-4a9c-89ad-ef7c6807c6c8 Canada and Queebec, (2008), St. Lawrence Plan for a Sustainable Development, accessed online at: http://www.planstlaurent.qc.ca/index_e.html See also “Beneficial farming practices From Bras d’Henri to the St. Lawrence” accessed online at: http://www.planstlaurent.qc.ca/archives/articles/2007/1_20071129_ag riculture_e.html Chung, Emily, Fischer, Steve and Gamache, Nick. (2008) “How dirty is that waterway?” CBC News. Friday, October 17, 2008. Accessed online at (http://www.cbc.ca/canada/ottawa/story/2008/10/17/f- ottawar-water-quality.html) City of Ottawa, (2006) “Water Quality in Ottawa’s Rivers and Streams.” 96
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) Prepared by the Water Environment Protection Program, Environmental Programs and Technical Support Division, Utility Services Branch, Public Works and Services, City of Ottawa, Accessed online at: http://www.ottawa.ca/residents/waterwaste/surface/water_quality_en. html Cools, Jan, Broekx, Steven, Vandenberghe, Veronique, Sels, Hannes, Meynaerts, Erika Vercaemst, Peter, Seuntjens, Piet, Van Hulle, Stijn, Wustenberghs, Hilde, Bauwens, Willy, Huygens, Marc, (2010) “Coupling a hydrological water quality model and an economic optimization model to set up a cost-effective emission reduction scenario for nitrogen.” Environmental Modelling & Software, Vol. 26, 44-51 Dowd, Brian M., Press, Daniel, and Huertos, Marc Los (2008) “Agricultural NPS water pollution policy: The case of California’s Central Coast” Agriculture, Ecosystems and Environment, Vol. 128, 151–161 Fang, Feng., Easter, K. William, and Brezonik, Patrick L. (2005) “Point- NPS water quality trading: A case study in the Minnesota River basin.” Journal of the American Water Resources Association, Paper # 02123, 645-658. Field, Barry C. and Olewiler, Nancy D., (2005) Environmental Economics. Updated Canadian Second Edition, (Toronto, ON: McGraw-Hill Ryerson). Harkness, W. J. K. and Dymon, J. R. (1961) “The lake sturgeon: the history of its fishery and problems of conservation.” (Toronto, ON: Ontario Department of Lands and Forests, Fish and Wildlife Branch) Haxton, T. (2002) “An assessment of lake sturgeon in various reaches of the Ottawa River,” Journal of Applied Ichthyology, Vol.18, 449-454 Hoel, Michael and Karp, Larry (2002) “Taxes versus quotas for a stock pollutant” Resource and Energy Economics, Vol. 24, 367–384 Lankoski, Jussi, Lichtenberg, Erik, and Ollikainen, Markku. (2008) 97
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) “Point/nonpoint effluent trading with spatial heterogeneity.” American Journal of Agricultural Economics, Vol. 90, No. 4, 1044– 1058 Koschade, Bettina and Peters, Evelyn (2006) “Algonquin notions of jurisdiction: Inserting indigenous voices into legal spaces.” Swedish Society for Anthropology and Geography, Journal Compilation Krutilla, K. (1999) “Environmental Policy and Transactions Costs.” In: Handbook of Environmental and Resource Economics, J.C.J.M. van den Bergh (Eds.)., (Glos, U.K.: Edward Elgar Publishing Limited), 249-264. Malik, A.S. (1992) “Enforcement Costs and the Choice of Policy Instruments for Controlling Pollution.” Economic Inquiry, Vol. 30, 714-721. Ontario, (2009), “Guide to Eating Sport Fish”, Ministry of the Environment, accessed online at: http://www.ene.gov.on.ca/en/water/fishguide/index.php O’Shea, L. (2002) “An economic approach to reducing water pollution: point and diffuse sources.” Science of the Total Environment, Vol. 282, 49–63. Ottawa Riverkeeper, (2006), River Report, Issue no. 1: Ecology and Impacts, accessed online at: http://ottawariverkeeper.ca/programs/the_river_report/ Picard-Aitken, Michelle, Fournier, Henri, Pariseau, Richard, Marcogliese, David J., Cyr, Daniel G. (2007) “Thyroid disruption in walleye (Sander vitreus) exposed to environmental contaminants: Cloning and use of iodothyronine deiodinases as molecular biomarkers,” Aquatic Toxicology, Vol. 83, 200–211. Romstad, Eirik. (2003) “Team approaches in reducing NPS pollution.” Ecological Economics, Vol. 47, 71-78 Ryan, Clare M. (2009) “Managing NPS pollution in Western Washington: Landowner learning methods and motivations.” Environmental 98
Queen’s Policy Review Volume 2, No. 2 (Fall 2011) Management. Vol. 43, 1122-1130. Sarang, Amin and Lence, Barbara J. and Shamsai, Abolfazl. (2008) “Multiple Interactive Pollutants in Water Quality Trading.” Environmental Management, Vol. 42, 620–646 Segma Unimarketing (2008) “Sondage sur la perception de la qualité de l’eau de la rivière des Outaouais.” Radio-Canada CBC Ottawa Report, 6 octobre 2008. Accessed online at: http://www.cbc.ca/canada/ottawa/story/2008/10/17/f-ottawar-water- quality.html Senjem, N. (1997), Pollutant Trading for Water Quality Improvement: A Policy Evaluation. (St. Paul’s, MN: Minnesota Pollution Control Agency). Shabman, L., K. Stephenson, and W. Shobe, (2002) “Trading Programs for Environmental Management: Reflections on the Air and Water Experiences.” Environmental Practice, Vol. 4, 153-162 Stavins, R.N. (1995) “Transaction Costs and Tradable Permits.” Journal of Environmental Economics and Management, Vol. 29, 133-148 Taebi, Amir & Droste, Ronald L. (2004) “Pollution loads in urban runoff and sanitary wastewater,” Science of the Total Environment, Vol. 327, 175-184. Veil, John. A. (1998) “The potential for effluent trading in the energy industries.” Environmental Science & Policy, Vol. 1, 39-49 Weersink, M. (2002) “Policy options to account for the environmental costs and benefits of agriculture.” Canadian Journal of Plant Pathology-Revue Canadienne De Phytopathologie, Vol., 24, No. 3, 265–273. Woodward, Richard T. (2003) “Lessons about Effluent Trading from a Single Trade” Review of Agricultural Economics, Vol. 25, 235-245. 99
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