Clean Water Act

 

Md. To Sue Pa., Feds Over Pollution. According to E&E News, “Citing a ‘generational responsibility to protect the Chesapeake Bay,’ Maryland Gov. Larry Hogan has directed his attorney general to sue EPA and Pennsylvania over lackluster cleanup efforts. ‘We simply cannot afford to fall short of these shared obligations,’ the Republican governor wrote in a letter to Attorney General Brian Frosh (D). Hogan specifically requested litigation against Pennsylvania for shortcomings in its commitments to cut pollution to the estuary by 2025 and against EPA for not holding the Keystone State to its targets. ‘Maryland is a leader in Bay restoration and plans to continue to fight to enhance and preserve this national treasure,’ Hogan wrote. The move follows weeks of escalating tensions among those concerned about pollution in the Chesapeake Bay and EPA’s role enforcing a ‘pollution diet,’ or total maximum daily load (TMDL), for the bay. Late last month, EPA found that Pennsylvania’s plans for reducing nitrogen pollution to the bay would account for only 75% of its goal. It would not be the first time the commonwealth missed its cleanup targets, which could have critical impacts on the bay as a whole because Pennsylvania is located upstream of many of the other bay states, including Maryland.” [E&E News, 1/9/20 (=)]

 

Hogan Ready To Sue Pennsylvania, EPA Over Lagging Cleanup Effort. According to Bay Journal, “Maryland Gov. Larry Hogan on Wednesday called for his state to initiate legal actions against Pennsylvania, citing the ‘obvious inadequacy’ of its Chesapeake Bay cleanup plan, and against the U.S. Environmental Protection Agency which he said has ‘no intention’ of forcing his northern neighbor to do more. In a letter to state Attorney General Brian Frosh directing the action, the governor said that Maryland wastewater treatment plants, farmers and municipalities had helped meet the region’s Bay cleanup goals and invested huge sums of money. But, he said, ‘Pennsylvania and the EPA must hold up their end of the … bargain.’ Pennsylvania last year failed to submit a plan that showed how it would fully achieve, or fund, its Bay cleanup obligations. After its evaluation of the plan, the EPA last month did not announce any new steps to prod the state to take greater action. ‘…we have a generational responsibility to protect the Bay, and we simply cannot afford to fall short of these shared obligations,’ the Republican governor wrote. … While a TMDL is not strictly enforceable itself, regulatory actions — such as all discharge permits — are required to be consistent with a TMDL. The environmental community widely saw Aunkst’s comments as stepping away from the EPA’s commitment to backstop Bay goals, even as their frustration over Pennsylvania was mounting. The Choose Clean Water Coalition, a network of more than 200 organizations, said it was ‘stunned’ by the remarks, and the Maryland League of Conservation Voters called it a ‘profoundly sad and disappointing moment in Bay history.’” [Bay Journal, 1/9/20 (+)]

 

Miners: Clean Water Act Should Not Apply To Panning. According to E&E News, “Does the Clean Water Act apply to mining activities that move — but do not add — rocks, sand and other material within a regulated waterway? That’s the question the Eastern Oregon Mining Association poses in its recent Supreme Court petition challenging state regulators’ determination that an industrial process akin to panning for gold in a river should be subject to federal water quality regulations. ‘The pickaxe-wielding and pan-toting miner seeking a bonanza is an icon of the history of the western United States,’ the mining association wrote in its Dec. 20 plea to the Supreme Court. ‘More than 150 years later, the image’s essence endures among a generation of miners who are just as keen as their prospecting forebears to profit by a mother lode, but who are aided now by improved mining technology.’ The group asked the justices to reverse a ruling by the Supreme Court of Oregon that small-scale suction dredge mining constitutes the ‘addition’ of a pollutant to a water body and therefore requires a Clean Water Act permit. Four justices must vote in favor of hearing a case. The court takes up about 1% of the petitions it receives. The mining association called on the nation’s highest bench to resolve conflicting views among the Supreme Court of Oregon and various federal appeals courts as to how the ‘mere movement’ of preexisting pollutants should be handled under the Clean Water Act.” [E&E News, 1/9/20 (=)]

 

Coal Ash

 

Realtors Were Supposed To Discuss Real Estate. Instead Mooresville Residents Demanded Coal Ash Answers. According to WCNC-TV, “It was a packed room Thursday morning for a Mooresville meeting advertised as a ‘Coal ash and Thyroid Cancer: Realtor information session. Update with facts, not fake news.’ The meeting comes after the WCNC NBC Charlotte Defenders team released a documentary about mysteriously high rates of cancer in Mooresville and neighboring Huntersville. The panelists of Thursday morning’s meeting were Senator Vickie Sawyer, Representative John Fraley, and Brady Freeman with the Iredell County Health Department. A Duke Energy spokesperson told WCNC NBC Charlotte they were not invited to participate in the event, during which panelists discussed public concerns over Duke’s coal ash impoundment near the lake. The meeting was packed to standing room only, with an estimated 200 RSVPs. Some of the attendees were realtors, for which the meeting was designed. Many others, though, were concerned citizens eager for information about the investigation into the mysterious cause of the town’s unusually high rate of cancer. Many of the questions were about Duke Energy’s coal ash plant near Lake Norman, and whether it could be causing the cancers. The NBC Charlotte Defenders investigation found that the ash was, for many years, sold off and used all over town as construction material, and many of those sales were never documented. ‘Knowing there are so many undocumented sites, it could be anywhere I bring my children or grandchildren,’ said Kathy Cruthers, who attended the meeting. ‘I have no ability to ensure i’m not playing Russian roulette with their health.’ Senator Vickie Sawyer took the lead on Tuesday’s panel, and urged people to come to a meeting on March 18, which will include doctors, scientists and other panelists more equipped to discuss specifics.” [WCNC-TV, 1/9/20 (=)]

 

Toxic Algae

 

AP | About 300 Sea Turtles Die In Mexico From Red Tide. According to The New York Times, “Mexican environmental authorities said Thursday that 292 sea turtles found dead on the country’s southern Pacific coast since Christmas died as a result of a red tide algae bloom. Volunteers, researchers and authorities managed to save 27 of the Pacific Green sea turtles, which had suffered paralysis. Turtles found in and around the coastal resort of Huatulco had been unable to breathe properly or keep their heads up. Volunteers kept some of them from asphyxiating by keeping them on land wrapped in wet blankets, or in shallow tubs of water with tiny life jackets. The office for environmental protection said Thursday that autopsies showed the turtles had eaten sea salps, gelatinous blobs that may have accumulated the algae toxins.” [The New York Times, 1/9/20 (=)]

 

Red Tide Kills Hundreds Of Turtles In Mexico. According to New York Daily News, “A toxic algae bloom is being blamed for the death of hundreds of sea turtles in Mexico. Environmental authorities on Thursday stated that 292 dead sea turtles have washed ashore on the southern Pacific coast in the past two weeks alone due to a lethal red tide infestation. Researchers and volunteers have been able to save 27 Pacific green sea turtles, which had suffered paralysis, reported The Associated Press. The reptiles that floated to the resort town of Huatulco had been unable to keep their heads up or properly breathe. Volunteers were able to save some turtles from asphyxiation by swaddling them in wet blankets or placing life jackets on them in shallow tubs of water. [More News] Impending galactic clash already spawning new stars at Milky Way’s edge » On Thursday, the office for environmental protection asserted that turtle autopsies indicated they had ingested salps, dangerous blobs that could have accumulated the algae. In October, 58 turtles were reported dead in Collier County, Fla., according to environmental specialist Maura Kraus. ‘It’s disturbing to us,’ Kraus told CNN in 2019. ‘It’s either that we have a lot more turtles out here, or we have a really big problem.’” [New York Daily News, 1/9/20 (+)]

 

‘Time For Real Action’ On Climate Change: Florida Students Sue DeSantis, Et Al. According to Tampa Bay Times, “As Florida’s leaders open the annual legislative session next week prepared to claim they’re responding to climate change, eight young residents are taking them to court for doing the opposite. The students, who range in age from 21 to 12, are suing Gov. Ron DeSantis, Agriculture Commissioner Nikki Fried, the Florida Cabinet and two state agencies for violating their constitutional rights and endangering their future by failing to aggressively develop a plan to combat climate change. … Draheim, 12, lives in Indian Harbor Beach on Brevard County’s barrier island and does what he can to help the environment. He plants sea oats to build up the dunes, picks up trash on the beach with his school group, and he and his family eat vegan. But with the Atlantic Ocean on the east and the Indian River Lagoon on the west, his city is flanked by water. After Hurricanes Michael and Irma, Draheim’s front yard was flooded with eight inches of water. His school was closed and his mother, who worked there, lost her job and they were forced to find a new school. Water quality has been an issue in recent years — some attribute it to rising sea temperatures — and the Indian River Lagoon has been ruled off-limits for swimming because of flesh-eating bacteria and dead fish. ‘I’ve experienced fish kills, red tide and algae booms, and that is disgusting because there is millions of dead fish on the beach as far as the eye can see,’ he said.” [Tampa Bay Times, 1/9/20 (+)]

 

Ohio Permits Lawsuit To Force Environmental Compliance. According to Pittsburgh Post-Gazette, “A federal judge in Ohio says an environmental group pushing for mandatory regulations to prevent toxic algae blooms on Lake Erie can move forward with its landmark lawsuit. The judge in Toledo issued a ruling in December denying the U.S. Environmental Protection Agency’s request to dismiss the lawsuit. The suit is over the eventual cleanup strategy for the lake. The Chicago-based Environmental Law and Policy Center contends the EPA is failing to uphold the federal Clean Water Act by not requiring the state of Ohio to do what’s called a ‘total maximum daily limit’ program — a much more site-specific and tougher regulatory program than what Ohio has ever tried for the lake. The nation’s largest TMDL program involves a six-state program including Pennsylvania for the Chesapeake Bay. The U.S. Department of Justice, which is representing the EPA in the matter, had asked the judge to dismiss the case, contending the agency is not required to impose such a program on Ohio. The judge, in a 31-page ruling, denied the government’s motion and said he will allow the case to proceed. The complaint ‘plausibly alleges that Ohio EPA has clearly and unambiguously refused to develop a TMDL for western Lake Erie,’ the judge wrote. Lucas County, Ohio, which filed a separate but similar complaint in April 2019, served as the Law and Policy Center’s co-plaintiff for several months. The next-door cities of Toledo and Oregon, Ohio, are recognized by the court as interested parties and the Toledo-based Advocates for a Clean Lake Erie is likewise involved in the case.” [Pittsburgh Post-Gazette, 1/8/20 (=)]

 

AP | New Plan Gets Tough On Big Agriculture To Slow Toxic Algae Blooms On Lake Erie. According to Pittsburgh Post-Gazette, “Ohio’s new strategy to combat the toxic algae plaguing Lake Erie will focus on reducing agricultural runoff by offering farmers financial incentives. Algal blooms have been a persistent problem on the shallow and warm western end of Lake Erie, which is the shallowest and warmest of the Great Lakes. Gov. Mike DeWine said Ohio plans, for the first time, to take a comprehensive approach to dealing with the main sources of a process called eutrophication. It occurs when a body of water becomes overly enriched with minerals and nutrients that cause excessive growth of algae, creating areas of oxygen depletion. The shallow waters between Port Clinton, Ohio, and Kingsville, Ontario, attract anglers from around the world. Smallmouth bass, muskellunge, yellow perch and panfish are sometimes forced to move when high levels of algal growth lead to low levels of dissolved oxygen. The western basin contains nursery waters for the migratory walleye that travel eastward across the Pennsylvania line. Most of the ‘eyes begin traveling before the blooms grow too large, but open wounds on early-season anglers, boaters and swimmers are susceptible to infection by toxins produced by the algae.” [Pittsburgh Post-Gazette, 1/9/20 (=)]

 

Op-Ed: Army Corps' Dry-Season Approach For Lake Okeechobee Is A Step Backwards. According to Treasure Coast Palm, “For every advancement, such as the passage of a bill for a reservoir south of Lake Okeechobee, we see a current of opposition to progress. That is how a 2017 bill intended to acquire agricultural land to create a 60,000 acre reservoir was reduced to 10,100 acres without enough accompanying treatment marshes that scientists believe are necessary to meet water-quality standards. Lost in the environmental community’s cheerleading of the funding for that project, and others, was the fact that we can address the problem NOW, without waiting a decade-plus for new infrastructure to come online. In 2019, the Army Corps of Engineers used its operational flexibility to manage Lake Okeechobee differently. Instead of holding it artificially high during the dry season, it reduced the lake level, resulting in a wet season with zero toxic algae discharges. This step forward alarmed the agricultural industry because it threatened their guaranteed unlimited supply of irrigation water. And incredibly, guess what U.S. Sugar’s response to our first discharge-free wet season since 2015 was? It sued the Army Corps, making it clear that they would not accept the risk involved in sharing adversity and not being prioritized and guaranteed every drop of irrigation they might have wanted. Alarmingly, in late December, the Army Corps announced their approach to the 2020 dry season: They will be focused on ‘retaining water during the dry season’ with the goal of ‘maintain[ing] enough water in the lake to enter wet season without water supply concerns.’ According to Col. Andrew Kelly, they will continue to supply the Caloosahatchee River with ‘some fresh-water flows as long as possible.’ In other words, as long as they can do so without jeopardizing their primary concern — guaranteeing the supply of fresh water for the agricultural industry.” [Treasure Coast Palm, 1/9/20 (+)]

 

PFAS

 

PFAS Bill Up. According to Politico, “The House is expected to pass a sweeping bill, H.R. 535 (116), to tackle PFAS contamination today. The measure would regulate the toxic ‘forever chemicals’ in drinking water, air emissions and at Superfund sites after lawmakers failed to reach a compromise that could move on must-passage legislation in December. But it is seen as largely a messaging bill, since Republican leaders in the Senate have said they have no intention of taking it up and the White House has threatened a veto. Late Thursday, the House adopted a series of amendments by voice vote, including bipartisan ones to narrow the bill’s provision designating the chemicals as hazardous air pollutants to just PFOA and PFOs initially, and to require facilities to alert water utilities to any PFAS they send to plants in their wastewater. The Clean Air Act provision was a particular point of contention with Republicans during mark up in the Energy and Commerce Committee in November, since they said a sweeping designation would undercut the bill’s more limited Superfund designation. Some Democrats hope that its passage could make it easier for some moderate Republicans to support the bill. Amendments slated for votes today ahead of final passage include one from Rep. Chris Pappas (D-N.H.) that would require EPA to create discharge limits and pretreatment standards for the chemicals, and one from Rep. Michael Burgess (R-Texas) to remove the bill’s controversial Superfund provision. Watch the vote count: Despite opposition from Republican leaders in the House and Senate, the bill is expected to draw at least some GOP votes. Exactly how many, though, is an open question, since last year Republican leaders allowed key PFAS amendments like those on the House’s defense authorization to be voice voted rather than force their members to go on the record.” [Politico, 1/10/20 (=)]

 

House Democrats Beef Up PFAS Legislation Ahead Of Final Vote. According to E&E News, “House lawmakers added more than a dozen amendments last night to a legislative package that would require EPA to regulate toxic chemicals found in drinking water. Michigan Democratic Rep. Debbie Dingell’s H.R. 535 would designate two types of per- and polyfluoroalkyl substances (PFAS) — perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) — as hazardous under the Superfund law. It would also task EPA with setting drinking water limits. The package compiles more than a dozen bills from various lawmakers on PFAS. The House is poised to approve it this morning. House Democrats made a push for the package in a conference call with reporters, with Rep. Dan Kildee (D-Mich.) calling the White House’s veto threat ‘shameful.’ He promised ‘the House will continue to act and continue to protect public health.’ Dingell called PFAS contamination a threat to public health and the environment, adding that EPA is not acting fast enough on setting drinking water standards for the chemicals. ‘Did the Flint water crisis not teach us in this Congress and the country something?’ Dingell said. ‘When you know the facts, I don’t understand how anybody could let American people be poisoned.’” [E&E News, 1/10/20 (=)]

 

PFAS Bill Moves Ahead Amid Legal Quagmire. According to E&E News, “The House is expected to vote by the end of the week on a bill to regulate the ‘forever chemicals’ that have been at the heart of a bevy of legal challenges across the country. Michigan Democratic Rep. Debbie Dingell’s H.R. 535 would require EPA to regulate per- and polyfluoroalkyl substances (PFAS) in drinking water and would list two types of PFAS — perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) — as hazardous under Superfund law. President Trump has said he would veto the PFAS bill if it passes the House and the Republican-controlled Senate (E&E Daily, Jan. 8). ‘As the public and regulators and various state agencies and local communities are finding out and understanding more about the nature and extent and scope of PFAS exposure, we are seeing a steady increase in the number of claims that are being pursued in court through litigation,’ said Rob Bilott, a Taft Stettinius & Hollister LLP attorney who is known for bringing PFAS concerns into the spotlight through his work on a class-action water contamination lawsuit against DuPont Co. The saga was recently documented in the film ‘Dark Waters,’ starring Mark Ruffalo. Federal regulation of PFAS would have variable impact for litigation over the chemicals, which are used in products ranging from nonstick cookware to firefighting foam and have been linked to health problems such as cancer, legal experts say.” [E&E News, 1/9/20 (=)]

 

Democrats Hope Public Pressure Will Convince Republicans To Act On PFAS. According to Inside EPA, “As House Democrats begin floor debate on a comprehensive bill aimed at regulating per- and polyfluoroalkyl substances (PFAS), they say growing public concerns will help persuade intransigent Senate Republicans and the Trump administration to consider the bill, particularly as it is a top concern in Michigan, a key swing state in the upcoming presidential election. The most important factor is what emerged over the last year, ‘and that is significant increase in public awareness around PFAS,’ Rep. Dan Kildee (D-MI), co-chair of the bipartisan congressional PFAS task force, said Jan. 9 during a press call on the bill, H.R. 535. ‘The awareness is driving the public to speak up on this. And that is going to be more than anything else what will persuade our Senate colleagues to ultimately take action on this,’ Kildee said. He touted the legislation, which is slated for floor debate beginning Jan. 9, as an action that will protect communities by amending various environmental laws, requiring responsible parties to clean up contamination, in contrast to the inaction seen from EPA to set any standards to date on the chemicals. EPA ‘has run an aggressive public relations campaign’ to convince the public it is acting, but it is missing its own deadlines for action, Kildee said. He noted too that President Donald Trump is standing with ‘corporate polluters’ by issuing a veto threat on the bill.” [Inside EPA, 1/9/20 (=)]

 

Plaintiffs Struggle To Convince Judge In Key PFAS Medical Monitoring Case. According to Inside EPA, “Pennsylvania residents seeking to require the Navy to pay for medical monitoring to detect health issues that may develop after exposure to per- and polyfluoroalkyl substances (PFAS) struggled to convince a federal judge to allow their landmark case to proceed, with the judge noting legal weaknesses in their arguments. During a Jan. 9 hearing in Kristen Giovanni, et al. v. Navy, Judge Gerald J. Pappert of the U.S. District Court for the Eastern District of Pennsylvania appeared skeptical of the plaintiffs’ arguments that they can bring a citizen suit under a Pennsylvania cleanup law seeking to compel the medical monitoring, and if they pass that hurdle, whether two PFAS are ‘hazardous substances’ covered by the law. ‘This is all a political and public policy argument that shows the weakness of your legal argument,’ Pappert told the residents’ attorney at one point. ‘I can’t rely on a law that doesn’t say what you need it to say.’ Pappert said that if he dismisses the case, either with prejudice or without, and if state or federal actions clearly make the two PFAS at issue in the case -- perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) -- hazardous substances, the residents could file a new case.” [Inside EPA, 1/9/20 (=)]

 

How Pete Buttigieg Would Address Infrastructure. According to Politico, “The Buttigieg plan promises to ensure lead-free water by investing $20 billion to replace 3 million lead service lines by 2030, and by supporting ‘best-in-class’ corrosion control. The former South Bend mayor would also put $100 billion into a Lead-Safe Communities Fund to address lead contamination in water, paint and soil. The plan would establish 12 ‘science-based standards’ to limit toxic contamination of so-called forever chemicals, known as PFAS, in drinking water. Buttigieg would develop safe alternatives to PFAS in commercial use, and would direct his EPA to designate areas of high PFAS contamination as Superfund sites. To support this effort, Buttigieg would triple the budget for EPA’s cleanup programs. The plan also calls for lowering water bills nationwide, promising to cut the average U.S. bill by 50 percent for 10 million families with a Drinking Water Assistance Matching Fund. Buttigieg’s plan would also repair and modernize flood protection systems for communities that require it by 2030. It also calls for the creation of a $40 billion ‘Sea Level Defense Fund’ to prepare for rising sea levels and help communities via natural and hard infrastructure protections. The plan would put $5 billion in direct grants toward feasibility studies and predevelopment, and $35 billion in loans and grants for coastal defense projects.” [Politico, 1/10/20 (=)]

 

Misc. Waterways

 

Michigan Legislators Want More EPA Help For Green Slime Cleanup. According to Bloomberg Environment, “Michigan politicians are asking for more U.S. EPA help to clean up an ‘unprecedented’ basement dump site at a defunct electroplating plant that leaked green slime onto a Detroit-area highway in late December. Michigan’s regulators need more information from the Environmental Protection Agency about federal testing, spread of chemicals, and whether the agency would reconsider designating the Madison Heights, Mich., area as a Superfund site, Sen. Gary Peters (D), Sen. Debbie Stabenow (D), Rep. Andrew Levin (D), and Rep. Paul Mitchell (R) said in a Jan. 9 letter to EPA Administrator Andrew Wheeler.” [Bloomberg Environment, 1/9/20 (=)]

 

Bill In Wisconsin Legislature Requires Prompt Notification When Groundwater Is Polluted. According to Milwaukee Journal Sentinel, “A bipartisan group of legislators has introduced a bill, AB 700, which would require the state Department of Natural Resources to notify counties within seven days when a water discharge permit-holder has violated groundwater quality standards. It also directs the department to create a notification system for other interested parties, such as residents, regarding the same violations. Known as the Water Pollution Notification Act, the bill aims to prevent what happened in La Crosse in 2016. Then, La Crosse County health officials worked in vain for months to get information from the DNR about potential groundwater pollution from a local Concentrated Animal Feeding Operation (CAFO). It turned out that pollution had been ongoing for years. The bill’s co-author, Rep. Jill Billings, D-La Crosse, worked with county and DNR officials to draft the bill. ‘The intent of this legislation is not to go after farmers,’ Billings told Wisconsin Public Radio. It merely ensures that people who live near problem wells be notified ‘so that they can test their wells and make sure that they have clean water.’ This makes sense, and it is in keeping with the ideal of maximum transparency. As one county official expressed, ‘We make decisions based upon the best information that we have available at any point. So there cannot be a decision made to notify the public if we’re not aware of a problem.’” [Milwaukee Journal Sentinel, 1/9/20 (=)]

 

AP | Wisconsin Panel Urges $10M For Clean Water Initiatives. According to Iron Mountain Daily News, “A bipartisan water pollution task force proposed more than a dozen bills Wednesday designed to curb contamination across Wisconsin, capping a year’s worth of research and discussion. Groundwater pollution has been a growing problem in Wisconsin over the last 20 years, creating a rift between environmentalists and the farmers they blame for contaminating wells and water bodies by spreading manure and fertilizers. The agricultural industry has become more concerned since Democratic Gov. Tony Evers took office last year that his cabinet agencies could impose costly new regulations. The package released Wednesday calls for the state to spend $10 million on a range of initiatives including: creating a new water policy office; bumping up state funding for county conservation workers; increasing grants for rebuilding or replacing wells contaminated with manure and fertilizer; and grants for farmers who grow crops that require less fertilizer. ‘It’s clear we can’t just throw money at these issues, thinking they’ll immediately go away,’ Republican Assembly Speaker Robin Vos, who created the task force, said in a statement. ‘Wisconsin needs a long-term strategy to protect, preserve and promote clean water. These bills are a first step toward that goal.’” [Iron Mountain Daily News, 1/9/20 (=)]

 

 

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