Groundwater Contamination (1984) / Chapter Skim
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13. Selected Variables Affecting the Choice between Federal and State Regulatory Responsibilty: Groundwater Quality as an Illustrative Case
13. Selected Variables Affecting the Choice between Federal and State Regulatory Responsibilty: Groundwater Quality as an Illustrative Case
Pages 159-165
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From page 159... ...
Moreover, the scope of the jurisdiction assigned to federal decision makers often differs from that assigned to state decision makers, and federal and state decision makers are at different structural distances from the points of origin of many important types of information. The 159 resulting implication is that if the arguments presented here are valid, then these differences will affect regulatory efficiency and the choice between federal and state responsibilities.
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From page 160... ...
At the federal level, sporadic regulation is authorized under the sole-source aquifer provisions and underground injection control program of the Safe Drinking Water Act of 1974, under various sections of the Resources Conservation and Recovery Act of 1976, and under the Surface Mining Control and Reclamation Act of 1977. These regulations apply only to circumscribed activities (mining, hazardous-waste disposal)
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From page 161... ...
JURISDICTIONAL SCOPE OF DECISION-MAKING AUTHORITY The jurisdictional scope of authority assigned to federal decision makers often differs markedly from that assigned to state decision makers. Obviously, state boundaries delineate the largest jurisdictions assigned to state-level decision makers.
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From page 162... ...
The relationship posited here between jurisdictional scope and efficiency implies that federal regulation of these aquifers would be more efficient than state regulation. STRUCTURAL DISTANCE It also is hypothesized here that the structural distance of decision makers from problem conditions and from information on individual preferences affects the efficiency of institutional outcomes.
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From page 163... ...
The average or mean quality of the two aquifers could hypothetically be equivalent to a quality level maintained for both aquifers through application of uniform standards.~5 An industrial plant will experience additional abatement requirements with uniform standards because both aquifers will have more restrictive standards than will the less restricted of the two aquifers where differential standards are applied. A resort to uniform standards will not necessarily enable federal agencies to reduce overall regulatory costs (administrative costs plus costs borne by industry)
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From page 164... ...
owe are assuming, of course, that at least one alternative exists for which aggregate benefits exceed aggregate losses. Much a list might include farmers who use groundwater for irrigation; community residents who rely on groundwater for drinking purposes; consumers of the products of an industrial or mining operation that discharges wastes into an aquifer; citizens who enjoy access to federal lands or lands of special ecological significance maintained, in part, by underlying aquifers; and taxpayers, who ultimately fund regulatory programs.
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From page 165... ...
. Planning Workshops to Develop Recommendationsfor a Ground Water Protection Strategy: Appendices, Office of Drinking Water, Washington, D.C.
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