Clean Water Act & WOTUS

 

States Float Options For Speeding 401 Reviews While Protecting CWA Power. According to Inside EPA, “State governors, legislators and regulators are floating options for speeding state reviews of federally permitted pipeline and other projects under Clean Water Act (CWA) section 401 while preserving states’ authority, pushing back against reports that the Trump administration is planning to curtail states’ power in an effort to speed the reviews. In a Feb. 20 letter to Acting EPA Administrator Andrew Wheeler and Army Corps of Engineers chief R.D. James, groups including the Western Governors’ Association (WGA), National Conference of State Legislatures and the Association of Clean Water Administrators (ACWA) propose a series of steps that agencies could take to speed reviews while still ensuring states keep the statutorily mandated one-year period to conduct their reviews. ‘Curtailing or reducing state authority under CWA Section 401, or the vital role of states in maintaining water quality within their boundaries, would inflict serious harm to the division of state and federal authorities established by Congress,’ the letter says. ‘These proposed reforms represent a good starting point for discussions to improve federal permitting processes while protecting state authority. The proposed changes call for any federal revisions to the CWA 401 water certification process to ensure that states have adequate time, data and resources for conducting 401 reviews. States also seek to counter proposals floated by administration officials and GOP lawmakers, such as potentially limiting reviews to water quality or potential discharges.” [Inside EPA, 2/21/19 (=)]

 

PFAS

 

Toxic ‘Forever Chemicals’ In Drinking Water Leave Military Families Reeling. According to The New York Times, “When Army Staff Sergeant Samuel Fortune returned from Iraq, his body battered by war, he assumed he’d be safe. Then the people around him began to get sick. Neighbors complained of tumors, thyroid problems and debilitating fatigue. Soon, the Colorado health department announced an unusually high number of kidney cancers in the region. Then Mr. Fortune’s wife fell ill. The military, it turned out, had been leaching toxic chemicals into the water for decades. Mr. Fortune felt ‘stabbed in the back,’ he said. ‘We give our lives and our bodies for our country, and our government does not live up to their end of the deal.’ That was 2016. Since then, the Defense Department has admitted that it allowed a firefighting foam to slip into at least 55 drinking water systems at military bases around the globe, sometimes for generations. This exposed tens of thousands of Americans, possibly many more, to per-and polyfluoroalkyl substances, a group of man-made chemicals known as PFAS that have been linked to cancers, immune suppression and other serious health problems. Though the presence of the chemicals has been known for years, an announcement last week from the Environmental Protection Agency for the first time promised regulatory action, a significant acknowledgment of the startling scope of the problem that drew outrage from veterans and others living in contaminated communities. Acting administrator Andrew Wheeler said that the agency would begin the process of potentially limiting the presence of two of the compounds in drinking water, calling this a ‘pivotal moment in the history of the agency.’” [The New York Times, 2/22/19 (+)]

 

Agencies Pick 8 Sites For PFAS Exposure Study. According to E&E News, “The Centers for Disease Control and Prevention and a branch of the Department of Health and Human Services this year will start studying people in eight sites for exposure to toxic chemicals found in drinking water. ‘The assessments will generate information about exposure to PFAS in affected communities and will extend beyond the communities identified, as the lessons learned can also be applied to communities facing similar PFAS drinking water exposures,’ said Patrick Breysse, director of the CDC’s National Center for Environmental Health and the Agency for Toxic Substances and Disease Registry, or ATSDR. The goal of the studies is ‘to provide information to communities about levels of PFAS in their bodies,’ the agencies said in a press release. The eight sites announced today are all close to current or former military bases. Per- and polyfluoroalkyl substances — linked to cancer, liver damage, thyroid disease and developmental problems in children — have been used in firefighting foams on bases. An ATSDR study previously found that ‘minimum risk levels’ for several types of PFAS should be seven to 10 times lower than EPA’s health advisories of 70 parts per trillion.” [E&E News, 2/21/19 (=)]

 

Sites Selected For PFAS Study. According to Politico, “The Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry announced the selection of eight communities to study near current or former military installations with long-term exposure to PFAS. The assessments are expected to begin in 2019 and continue through 2020, laying the groundwork for a future multi-site health study. The study has been pointed to as necessary by at least one Republican to paint the full picture of the toxic substances. See the locations. Speaking of PFAS: Two lawmakers from areas affected by PFAS contamination, Reps. Dan Kildee of Michigan and Brian Fitzpatrick of Pennsylvania, wrote to Senate leaders ahead of a confirmation vote for Andrew Wheeler. The pair urged Majority Leader Mitch McConnell and Minority Leader Chuck Schumer to ‘ensure Mr. Wheeler’s firm commitment to quickly and aggressively’ regulate the two most well-studied substances, PFOA and PFOS ‘with a timeline where Congress can hold EPA accountable.’” [Politico, 2/22/19 (=)]

 

 

 

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