Building a new regulatory paradigm for coastal and estuarine acidification

Ocean acidification regulation generally falls under the authority of the Clean Water Act (CWA, P.L. 92-500). The CWA has been a powerful tool to improve the country’s water quality, but it is most adept at addressing point-source pollutants and contaminants. It requires policymakers to determine “natural levels” of the target pollutant and to attribute changes in water quality to a specific source, both of which are tough or impossible tests for the diffuse carbon imbalance that is associated with ocean acidification, even if we could easily identify the threshold level for harm to organisms (Boehm, 2015). Even where regulators have tried to apply CWA to address acidification, they have been confronted by a lack of baseline data, an inability to specifically identify sources within their jurisdiction, and the fact that existing water quality standards do not capture the impairments that are associated with ocean acidification (Cooley, 2015). In fact, there was a lawsuit brought by the Center for Biological Diversity against the U.S. Environmental Protection Agency (EPA) alleging the agency had failure to regulate this issue. In the end, the courts sided with the EPA, and it continues to struggle with how to use pH and/or saturation state to define a point at which a water body becomes impaired and a threat to sea-life and natural resources. We present an analysis of the complexities related to regulating ocean acidification, the history of work in this area, and suggest a solution that can be tailored to fit unique coastal and estuarine characteristics.