미국의 수질오염규제체제의 분석과 시사점
An Analysis of American Water Quality Regulation with a Special Focus on the Total Maximum Daily Load Program
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Abstract
This Article aims to analyze American water quality regulation under the Clean Water Act, devoting most of the discussion to the Act’s Total Maximum Daily Load (TMDL) program and U.S. Environmental Protection Agency’s latest attempt to revise and revitalize the program. Based on that analysis, the Article goes on to attempt to glean several lessons that can be applied to recent Korean efforts to introduce the TMDL program. The TMDL program represents a new regulatory approach under which total allowable pollution levels on a waterbody are established and enforced. It can be a viable alternative to the traditional approach that focuses on effluent limitations enforced against point sources under the permitting system. The TMDL program is built on the watershed approach and has the potential to solve the nation’s remaining water quality programs, especially, nonpoint source pollution, on a holistic and consensual basis. Its success will make it possible to implement innovative solutions to water pollution control, such as effluent trading and multimedia permitting. There are several barriers to the effective functioning of the TMDL program. Among others, the central government must reserve the authority to directly impose mandatory measures on nonpoint sources if municipalities fail to provide for effective controls on them. And it is necessary to resolve many of the scientific uncertainties and technological difficulties, which will occur in the process of setting total allowable pollution levels and allocating them among various sources. Most importantly, the nation should create a broad consensus on the urgent need to harmonize environmental protection and economic development that the TMDL program tries to achieve.
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