Clean Water Act

 

Editorial: Build, Baby, Build: In Praise Of Trump’s Move To Streamline Environmental Reviews. According to New York Daily News, “The National Environmental Policy Act, which turned 50 years old on Jan. 1, does plenty to help Mother Nature, as intended by Congress and the Nixon administration. But its impossibly complex fine print also does too much to hinder progress on building vital infrastructure, from bridges to tunnels to airports. Those rules need reforming to refocus on protecting our common home while empowering government to get concrete projects done. In line with sound proposals from New York lawyer Philip K. Howard and his group Common Good, President Trump proposes simplifying NEPA regulations to properly interpret the statute. It shouldn’t take a decade to get all approvals to lay down a road. Don’t worry that Trump’s action will allow the pristine wilderness to be pillaged by rapacious despoilers. There isn’t even the change of a comma in the Clean Air Act, the Clean Water Act or the Endangered Species Act. The goal here is to speed up the permitting process to a couple of years. No more should Byzantine administrative procedures be allowed to be misused to slow (if not totally derail) worthy projects and spike their cost, as we’ve seen happen countless times in New York.” [New York Daily News, 1/19/20 (-)]

 

WOTUS

 

Trump Hails WOTUS Overhaul As Critics Call For Investigation. According to E&E News, “President Trump yesterday touted his repeal of key Clean Water Act regulations as more than three dozen current and former government officials called for an investigation into the scientific basis of his forthcoming replacement rule. Trump told a gathering of the country’s farmers that last fall he repealed ‘one of the most ridiculous regulations of all,’ the Obama administration’s Waters of the U.S., or WOTUS, rule, which defined which marshes, creeks and streams quality for federal protections. The president called the previous rule ‘disastrous.’ ‘That was a rule that basically took your property away from you,’ he said at the American Farm Bureau Federation’s annual meeting in Austin, Texas. ‘As long as I’m president, government will never micromanage America’s farmers.’ The Obama-era rule was meant to clarify which water bodies are and aren’t covered by the federal law. In addition to repealing the regulation, Trump has proposed his own definition, due to be finalized soon. Trump’s proposal would drastically cut back the Clean Water Act’s reach. More than half the country’s wetlands would no longer qualify for federal protections under the December 2018 proposal, a rollback of some regulations that predated the Obama administration rule (Greenwire, Dec. 11, 2018).” [E&E News, 1/20/20 (=)]

 

Trump Talks Water. According to Politico, “Addressing the American Farm Bureau Federation Sunday evening, Trump made a water policy announcement — just not the one most policy wonks were waiting for. In between touting recent trade deals with China and Mexico and bashing Democrats as pro-crime, Trump announced that his administration will be withdrawing an Obama-era water supply rule (0710-AA72), which he said would have given ‘the federal government vast and unlimited power to restrict farmers’ access to water.’ The Army Corps of Engineers had argued in 2016 the rule was needed in order to clarify how water stored in its reservoirs could be used beyond the purposes authorized by Congress after a series of court decisions and on-the-ground issues had spawned confusion. But Western states and water users balked at the proposal, arguing it would usurp states’ authority over their water. Sen. Kevin Cramer (R-N.D.) led a bipartisan coalition of senators this fall in a letter to the White House opposing the rule that won them a six-month delay.” [Politico, 1/21/20 (=)]

 

But What About WOTUS? According to Politico, “His repeal of the Obama administration’s controversial WOTUS rule provided one of Trump’s biggest applause lines of the night with the Farm Bureau. ‘I terminated one of the most ridiculous regulations of all: the last administration’s disastrous Waters of the United States rule,’ he said, arguing that when he signed the repeal he was joined by ‘people that haven’t cried in many years … and they were crying’ — despite the fact that live video coverage of the signing showed none of them were actually crying. The Trump administration’s WOTUS rewrite to vastly shrink the reach of the Clean Water Act is still expected soon. ME hears it could come as soon as this week.” [Politico, 1/21/20 (=)]

 

Science Advisors Debate WOTUS. According to Politico, “During the first of a series of marathon teleconference calls continuing this week, EPA’s science advisers on Friday tangled over the Trump administration’s proposal to limit the scope of the Clean Water Act. A Science Advisory Board workgroup issued a draft review in late December that concluded the proposed Waters of the U.S. rule ‘is not fully consistent with established EPA science, may not fully meet the objectives of the [Clean Water Act] … and is subject to lack of clarity for implementation’ — a notable criticism from a panel composed largely of Trump administration appointees. But several board members on Friday argued that a broader rule would result in a ‘huge taking’ of property, and were uncomfortable with the report’s language, even if they agreed that the science generally supports the idea that all water is connected. The SAB agreed to return to the issue this week, reviewing an edited version of the WOTUS report, while taking on three more reviews during afternoon conference calls today through Thursday.” [Politico, 1/21/20 (=)]

 

Trump Withdraws Water Supply Rule Amid Environmental Rollbacks. According to The Hill, “President Trump on Sunday highlighted for farmers his plans to scale back another Obama-era water policy, a move the White House believes could pay dividends with the farm vote in this year’s presidential election. Speaking to the crowd at the American Farm Bureau Federation conference in Austin, Texas, Trump said he would be withdrawing a water supply rule proposed in the final days of the Obama administration. ‘I am proud to announce that I am taking another step to protect the water rights of American farmers and ranchers,’ Trump told the room of Texas farmers. ‘I am directing the Corps of Engineers to immediately withdraw the proposed rule…and allow states to manage their water resources based on their own needs and based on what their farmers and ranchers want,’ he continued, referencing 2016 proposed tweaks to the Water Supply Act. ‘Water is the lifeblood of agriculture and we will always protect your water supply,’ Trump added. Trump’s comments come as those with a stake in water rights await another rollback promised since the president’s campaign days. The White House is soon expected to replace the Waters of the United States (WOTUS) rule, crafted under the Obama administration, which expanded the types of waterways protected by federal law. But farmers and other groups have argued the law was too far-reaching, requiring grand efforts to protect relatively small bodies of water that run through their property, ultimately subjecting large swaths of land to federal oversight.” [The Hill, 1/19/20 (=)]

 

Trump Touts Promises After Painful Year For Farmers. According to Politico, “U.S. farmers are wading through some of their toughest years in recent history, beset with trade wars stoked by Donald Trump and weather disasters scientists expect to worsen due to climate change, a phenomenon the president dismisses. Yet, growers gave Trump a warm welcome at this year’s American Farm Bureau Federation conference here, with members of the traditionally right-leaning group — the industry’s biggest lobbying organization — saying they remain optimistic the agriculture economy is on the mend. Most of the two dozen farmers POLITICO interviewed at the convention sang the president’s praises, with many citing his moves to roll back Obama-era efforts to protect more waterways from pollution and restrict pesticides, as well as new trade agreements with China, Japan, Mexico and Canada. ‘We’re used to adversity,’ said Chadd Strew, a rancher in Comanche, Texas. ‘Renegotiating trade to try to get more out of our products here is going to be a benefit even if in the short term there is a little bit of a decline.’” [Politico, 1/20/20 (=)]

 

EPA's Wheeler Cancels Farm Bureau Appearance. According to Politico, “An American Farm Bureau Federation spokesperson said today that EPA Administrator Andrew Wheeler had canceled his trip to the group’s annual meeting this weekend and would not appear at a news conference that was originally to be focused on clean water. Wheeler had previously been scheduled to attend the group’s annual meeting with President Donald Trump and was to participate in a ‘Clean Water News Conference’ on Monday morning. But Farm Bureau spokesperson Cole Staudt said by email that EPA informed the group on Thursday that Wheeler will not attend after all. Staudt said that the news conference will take place with Agriculture Secretary Sonny Perdue and the Farm Bureau’s leadership, but the ‘subject no longer includes clean water.’ EPA has said it plans to finalize its rule rewriting the scope of the Clean Water Act this month, a rule for which the Farm Bureau was the most vocal advocate.” [Politico, 1/17/20 (=)]

 

Trump Approval Strongest Yet As He Heads To Farm Bureau Convention. According to AgWeb, “As the gears of impeachment are winding up in Washington, President Donald Trump will leave the tension of the Beltway for friendlier confines in Austin Sunday at the American Farm Bureau Federation Annual Convention. This is the third consecutive year the president has spoken before the gathering of farmers and ranchers from across the country, and according to the latest Farm Journal Pulse Poll, he may receive his warmest greeting yet. Overall job approval for President Trump ticked up a point in January to 83% of the 1,286 respondents, the high mark in the months that Farm Journal has been tracking the president’s approval. Only 16% disapprove. The President is expected to take a victory lap on recent trade wins as he speaks to the Farm Bureau Sunday, noting the phase one trade deal signed with China on Wednesday and Senate approval of the U.S. Mexico Canada Agreement on Thursday. Trump is expected to sign that agreement this week according to Wiesemeyer. Wiesemeyer also expects the president to come to Austin bearing a new Waters of the U.S. (WOTUS) rule that will be more agreeable to agriculture. The Obama-era WOTUS rule was repealed by the Trump Administration in 2018. The rule defines which waters are regulated by the Clean Water Act. Farm groups argued the Obama rule was unnecessarily vague and dramatically broadened the enforcement landscape of the Clean Water Act. A strong signal that WOTUS could be in the mix at the Farm Bureau Convention is that EPA Administrator Andrew Wheeler will also be speaking before the convention this week. (As will USDA Secretary Sonny Perdue.)” [AgWeb, 1/19/20 (-)]

 

Op-Ed: New Clean Water Rule Needed For Environmentally-Friendly Development. According to The Hill, “ ‘Green’ and ‘sustainable’ have become familiar buzzwords over the past decade, but we have to consider what they really mean when it comes to our land and homes. Are we creating communities that protect natural systems, honor the local heritage, and promote local economies? Are we integrating the key elements of energy, water, waste, and food? Are we allowing for pedestrian, bicycle, and alternative vehicle access? In order to accomplish this, we need to restore common-sense logic that says the federal government should focus on regulating permanent waterways like lakes, rivers and streams, while leaving regulation of water in ditches, streams, parking lots, and sometimes-wet dry areas to states and localities. We have seen that state and local governments can implement environmental protections that adequately support sustainable efforts with America’s builders, farmers and manufacturers. The average American moves once every five years, often ‘outgrowing’ their houses, jobs or neighborhoods and seeking out something better. I envision communities where people want to stay – where they want to live, work, raise their families, and eventually retire. This starts with beautiful development that integrates the natural landforms with the manmade. As a country, we have to support policies that make this possible.” [The Hill, 1/17/20 (~)]

 

Coal Ash

 

New Georgia Bill Would Require Coal Ash To Be Treated Like MSW. According to Utility Dive, “Coal ash would be treated like solid waste under a new bill in the Georgia legislature introduced this week. The bill — H.B. 756 — would require disposal of coal ash or coal combustion residuals (CCR), to be at least as stringent as MSW, the Atlanta Journal-Constitution reported. Under Georgia law, MSW is currently disposed in landfills with both bottom liners and collection systems for leachate. Coal ash, however, is subject to more lax regulations and no liner is required for storage of the toxic waste, which can include arsenic, mercury and lead. CCR can cause cancer, along with damage to the brain, lungs, kidneys and other parts of the body. Fletcher Sams, executive director with the Altamaha Riverkeeper, told Waste Dive the bill would help to protect drinking water for residents near coal ash storage areas reliant on wells. ‘We just want it [the coal ash] put into a lined area with a leachate collection system,’ he said.” [Utility Dive, 1/17/20 (=)]

 

Coal Ash Disposal Hearings Set For Belews Creek, Five Other Duke Energy Plants. According to Winston-Salem Journal, “Area residents get a chance next month to tell regulators what they think of Duke Energy’s plans for coal ash disposal at the Belews Creek Steam Station and five other coal-fired plants where the issue had been in dispute. The state Department of Environmental Quality is hosting the gatherings between Feb. 10 and 27 to explain details about each plant stemming from a recent, compromise settlement between Duke, the state and various environmental and civic groups. ‘Each public session will start with a meeting to provide information and answer questions, immediately followed by a public hearing to record public comments,’ the state agency said last week in a news release. … Until this month, Duke Energy had been locked in a heated dispute with regulators, environmentalists and others over its plan to leave in place significant amounts of once submerged ash at Belews Creek and elsewhere under impervious caps that the utility deemed just as protective as a lined landfill. Environmentalists contended, and DEQ ultimately agreed, that a lined landfill represented the safest, most reliable way to prevent coal ash contaminants from leaking into nearby ground water, lakes and streams.” [Winston-Salem Journal, 1/20/20 (=)]

 

Toxic Algae

 

Governor Reeves Announces Disaster Assistance For Small Businesses Impacted By Blue-Green Algae. According to WJTV-TV, “Governor Tate Reeves announced disaster assistance for Mississippi small businesses that were negatively impacted this summer and fall by the blue-green algae bloom on the Gulf Coast. Working in coordination with the U.S. Small Business Administration (SBA) and former Governor Phil Bryant, Governor Reeves helped secure low-interest Economic Injury Disaster Loans (EIDLs) for small businesses, small agricultural cooperatives, small aquaculture businesses, and private nonprofit organizations. ‘The Mississippi Gulf Coast is a precious natural beauty, and the small businesses that call it home must be protected. Because what’s good for the Gulf Coast—and for small businesses—is good for all of Mississippi. Having a strong relationship with organizations like the U.S. Small Business Administration means we can help our small businesses when disaster strikes,’ said Governor Reeves.” [WJTV-TV, 1/18/20 (=)]

 

SBS Offers Disaster Assistance To Small Businesses In Mississippi Affected By Blue-Green Algae On The Gulf Coast Of Mississippi. According to WXXV-TV, “Low-interest Economic Injury Disaster Loans (EIDLs) from the U.S. Small Business Administration (SBA) are available to Mississippi small businesses, small agricultural cooperatives, small aquaculture businesses and private nonprofit organizations affected by the blue-green algae on the Gulf Coast of Mississippi from June. 22 through Oct. 5, 2019. SBA Administrator Jovita Carranza made the loans available in response to a letter from Gov. Phil Bryant on Jan. 7, 2020, requesting a disaster declaration by the SBA. The declaration covers Hancock, Harrison and Jackson counties and the adjacent counties of George, Pearl River and Stone in Mississippi; Mobile in Alabama; and St. Tammany Parish in Louisiana. ‘The SBA is strongly committed to providing the people of Mississippi with the most effective and customer-focused response possible to assist small businesses with federal Economic Injury Disaster Loans,’ said Carranza. ‘Getting businesses and communities up and running after a disaster is our highest priority at SBA.’ SBA’s Customer Service Representatives will be available at the Disaster Loan Outreach Center to answer questions about the disaster loan program and help individuals complete their applications. … ‘The SBA can help affected small businesses and nonprofit organizations overcome their economic losses by offering working capital loans, but the help cannot start until they submit an SBA disaster loan application to us,’ said SBA’s Mississippi District Director Janita Stewart. Eligible entities may qualify for loans up to $2 million. The SBA offers economic injury loans to help meet working capital needs caused by the disaster. The rates on theses loan are 4 percent for small businesses and 2.75 percent for nonprofit organizations with terms up to 30 years.” [WXXV-TV, 1/17/20 (=)]

 

In Legislature, Septic Tank Problems Getting Notice After Heavy Algae Impacts Prompt State Review. According to The Florida Times-Union, “If he can find an audience, Jeremy Johnston could be talking soon to people around Clay County’s Doctors Lake about using state money to help replace their septic tanks with sewer lines. Before Florida’s Legislature finishes its work in March, lawmakers will talk about bills that might let thousands of people around the state do the same thing. Johnston, chief operations officer for the Clay County Utility Authority, got approval this past week from the St. Johns River Water Management District for a deal using up to $1.5 million in state cash to subsidize connecting 79 homes to sewer lines around the lake plagued with sometimes-toxic algae. The work is part of a bigger effort to cut algae in the lake by lowering levels of algae-nourishing nutrients seeping into the waterway from sources that include septic tanks. Algae blooms have been logged at Doctors Lake in 33 of the past 35 years, and people living nearby are just tired of it. ‘It smells terrible,’ said Lorraine Lillis, who has a house with a dock but keeps her boat elsewhere during warm, algae-growing months to avoid it being stained. Trunks of trees on her shoreline have been coated with bright green residue, and dead fish have floated up during blooms. ‘It’s a definite detriment,’ she said. The utility can do more sewer hookups later if the Legislature finds extra money, said Johnston, whose state subsidy will come from cash the Legislature earmarked in 2018 for issues affecting the St. Johns River and the lakes around Keystone Heights.” [The Florida Times-Union, 1/17/20 (=)]

 

Lawmakers Vow To Crack Down On Polluters. According to The Gainesville Sun, “Despite a devastating series of algae blooms that wreaked havoc on Florida’s environment and economy, state lawmakers did nothing last year to crack down on polluters who release excess nutrients that feed the blooms. Republican leaders in the Legislature are vowing that this year will be different when it comes to improving water quality, though. Rather than simply plowing money into environmental cleanup efforts, lawmakers say they plan to attack pollution at the source. New regulations on polluters are being proposed, and they have some prominent GOP backers. If approved, they would represent a significant departure for a GOP-controlled Legislature that often is averse to regulation. The push to limit pollution from flowing into waterways and fouling one of the state’s most important natural resources has a powerful ally in Gov. Ron DeSantis, who has publicly endorsed two bills that would create new environmental rules. ‘There’s gonna be lots of new regulations when it comes to protecting our water,’ said Sarasota state Sen. Joe Gruters, who doubles as the chairman of the Republican Party of Florida. ‘We’re in a new era. Republicans are controlling this issue and we’re going to make sure we’re protecting Florida’s environmental resources for generations to come.’ Gruters is sponsoring a bill that would increase penalties for sewage spills, a problem that has plagued municipal utilities across the state. The fines would go up by 50% — from $10,000 to $15,000 a day — and could continue until an agreement is reached on how to solve the problem going forward. Fines for other environmental violations also would increase. DeSantis touted the sewage spill legislation in his State of the State address last week.” [The Gainesville Sun, 1/17/20 (=)]

 

Blue-Green Algae Toxin: People Along St.Lucie River Breathed It In, But Didn't Pee It Out. According to Treasure Coast Palm, “Research in 2018 found: People who are around toxic blue-green algae blooms breathe toxins into their bodies. Brand-new research shows: Very few people who breathe in toxins urinate them out. What’s yet to be determined: How much of the breathed-in toxins gets into their blood. Exposure to toxic blue-green algae can cause immediate symptoms such as a runny nose, watery eyes and trouble breathing. Long-term exposure has been linked to liver disease and suspected of causing neurological ailments years down the road. But no one knows what concentration of the toxin and what length of exposure trigger health problems. Researchers from Florida Atlantic University’s Harbor Branch Oceanographic Institute led by Adam Schaefer, an epidemiologist, studied 86 people who lived and worked around the St. Lucie River during the massive blue-green algae blooms in the summer of 2018 and found the toxin microcystin in all their noses. Since then, Schaefer and scientists at the U.S. Centers for Disease Control and Prevention tested newly developed microcystin detecting methods and determined the toxin was in the urine of just three of the 86 people studied. Does that mean the microcystin entered their bodies and stayed there? Or was the toxin filtered out by the hairs in the people’s noses? Unfortunately, there’s no way to know because there’s no method to determine how much microcystin is in the blood samples that were taken from the subjects. ‘We don’t have enough data or the methods to conclude what potential toxin is entering the body or staying in the body at this point in time,’ Schaefer said.” [Treasure Coast Palm, 1/20/20 (=)]

 

Artificial Intelligence Could Help Scientists Predict Where And When Toxic Algae Will Bloom. According to WBUR, “Here’s how the project worked: the researchers accessed a massive amount of data on toxic algal blooms from the state Department of Marine Resources. The data sets detailed the emergence and retreat of varied toxins in shellfish samples from up and down the coast over a three-year period. The researchers trained the neural network to learn from those thousands of data points. Then it created its own algorithms to describe the complex phenomena that can lead up to a red tide. ‘Then we tested how it would actually predict on unknown data,’ says Grasso. Grasso says they fed in data from early 2017 – which the network had never seen – and asked it to forecast when and where the toxins would emerge. ‘I wasn’t surprised that it worked, but I was surprised how well it worked, the level of accuracy and the resolution on specific sites and specific weeks,’ says Nick Record, Bigelow’s big data specialist. Record says that the network’s accuracy, particularly in the week before a bloom emerges, could be a game-changer for the shellfish industry and its regulators. Once it’s ready, that is. ‘Basically it works so well that I need to break it as many ways as I can before I really trust it.’ Still, the work has already been published in a peer-reviewed journal, and it is getting attention from the scientific community. Don Anderson is a senior scientist at the Woods Hole Oceanographic Institution who is working to expand the scope of data-gathering efforts in the Gulf. ‘The world is changing with respect to the threat of algal blooms in the Gulf of Maine,’ he says. ‘We used to worry about only one toxic species and human poisoning syndrome. Now we have at least three.’” [WBUR, 1/20/20 (=)]

 

Drinking Water

 

AP | Groups Ask EPA For Emergency Action On Ore. Dairy Pollution. According to E&E News, “Eight state and national health and environment groups are asking EPA to take emergency action because they say Oregon regulators have failed to curb nitrate contamination in drinking water sources near large dairies and feedlots. The groups filed a Safe Drinking Water Act petition with EPA yesterday, saying the contamination presents ‘an imminent and substantial endangerment to the health of the residents of the Lower Umatilla Basin in Oregon.’ It asks for six specific actions, including supplying free drinking water to affected residents and banning any new dairies or feedlots from opening in the area — which includes Hermiston, Boardman and Irrigon — until nitrate concentrations fall. The Statesman Journal reports the petition comes as state regulators are considering whether to issue a permit for a new 30,000-animal dairy in the area, which already is home to 10 confined animal feeding operations allowed to house a total of 179,107 cattle. The petition was filed by many of the same groups that have opposed that dairy and that have pushed lawmakers to impose a moratorium on new mega-dairies statewide. … The petition was signed by local organizations Friends of Family Farmers, Columbia Riverkeeper, WaterWatch of Oregon and Humane Voters Oregon and by national groups Food & Water Watch, Animal Legal Defense Fund, the Center for Biological Diversity and the Center for Food Safety.” [E&E News, 1/17/20 (=)]

 

PFAS

 

Court Rejects Dupont Plea In Mass PFAS Lawsuit. According to E&E News, “A federal appeals court today declined to undo a lower bench’s order that DuPont Co. said impeded the company’s defenses in a sprawling lawsuit over ‘forever chemicals.’ The litigation stems from 60 separate claims of negligence against DuPont for exposure to perfluorooctanoic acid, or PFOA, which is used in upholstery, firefighting foam and other products. PFOA is part of a class of chemicals called per- and polyfluoroalkyl substances (PFAS), which are known as ‘forever chemicals’ because of their ability to persist in the environment and in the bodies of humans and animals. Studies have linked the substances to cancer, thyroid problems and other health issues. DuPont last year asked the 6th U.S. Circuit Court of Appeals to reverse a federal district court finding that the company said blocked its ability to raise ‘core liability issues’ in upcoming trials. The court today denied that request, noting that DuPont will still have the option to appeal after the trials. ‘DuPont claims that undertaking a new, second trial (after prevailing on appeal) would be uneconomical and inefficient,’ the 6th Circuit wrote in an order this morning. ‘But that is not enough.’ Senior Judges Alice Batchelder and David McKeague and Judge Chad Readler were assigned to the case. Batchelder is a George H.W. Bush appointee, McKeague is a George W. Bush pick, and Readler is a Trump appointee.” [E&E News, 1/17/20 (=)]

 

Enviros Seek PFAS Regulation Under Hazardous Waste Law. According to E&E News, “Environmental groups are petitioning EPA to use a waste management law in the battle to address contamination from a highly toxic class of chemicals found in water. The petition argues that EPA should designate several types of per- and polyfluoroalkyl substances, or PFAS, as hazardous wastes under the Resource Conservation and Recovery Act, which gives the agency the authority to treat and manage hazardous waste from ‘cradle to grave.’ ‘These releases are exactly the type of ‘present and future threat to human health and the environment’ that RCRA was designed to address,’ according to the petition. ‘The need for RCRA regulation of PFAS wastes is urgent.’ PFAS are a class of about 5,000 chemicals that are used in many consumer products from nonstick cookware to waterproof clothing. The Defense Department also used the chemicals in firefighting foam. Studies have linked the chemicals to health problems, such as some cancers and high cholesterol, among other issues. The petition seeks to push EPA to regulate waste containing PFOA and PFOS — the two most studied PFAS chemicals — as well as GenX chemicals in addition to the full chemical subclass of long-chain perfluoroalkyl carboxylates and long-chain perfluoroalkane sulfonates. Tom Bruton, a senior scientist at the Green Science Policy Institute, said RCRA would address generational PFAS and spark a process for cleanup and preventing future contamination. ‘It’s critical that EPA do more to address ongoing contamination and stop the problem from getting worse,’ he said. He added that the designation would also push EPA to figure out how to clean up and safely dispose of the chemicals.” [E&E News, 1/17/20 (=)]

 

Alliance Seeks To Back New Hampshire’s Challenge To PFAS Rule Injunction. According to Inside EPA, “Environmentalists are seeking to intervene in state court litigation that threatens to stall New Hampshire’s landmark drinking water and groundwater standards for four per- and polyfluoroalkyl substances (PFAS), with the advocates attempting to bolster the state’s case to permit the rules to remain in effect during interlocutory appeal. The New Hampshire Safe Water Alliance Jan. 6 filed a motion seeking to intervene in The Plymouth Village Water & Sewer District, et al. v. Robert R. Scott as the Merrimack County Superior Court decides whether to stay its preliminary injunction of New Hampshire PFAS rules during a pending interlocutory appeal to the state’s Supreme Court. The litigation is a potential test case for industry challenges to state water PFAS standards as New Hampshire is one of the first states to set strict, enforceable drinking water levels for a suite of PFAS, in the absence of federal requirements. The water group is seeking to bolster the states’ case that the trial court should stay its preliminary injunction. The group believes there was a need to intervene, fearing some of the scientific arguments the state was making were not given a strong enough presentation, one environmentalist says. The group’s motion says the alliance backs the New Hampshire Department of Environmental Services’ (NHDES) motion for a full or partial stay of the trial court’s Nov. 26 preliminary order.” [Inside EPA, 1/17/20 (=)]

 

Plastic Pollution

 

Op-Ed: Make It Easier For Maine Shoppers To Avoid Single-Use Plastic. According to Central Maine, “We are in the midst of a global plastic pollution crisis. Our reliance on single-use plastic and goods packaged in plastic has created a catastrophe for waste management facilities and recycling efforts – and for oceans and marine life as well. The weakening of recycling programs across Maine and the world has captured the attention of consumers, causing them to focus on the waste (specifically single-use plastic) from their homes and businesses as a way to combat climate change and protect Mother Nature. Terms like ‘zero-waste’ and ‘plastic-free’ are becoming more popular, and consumers are increasingly likely to eye their purchases through an environmental lens. This is why I’m writing in support of L.D. 1933, An Act to Promote Bulk Retail Purchasing, sponsored by Rep. Victoria Morales, D-South Portland. The hierarchy of waste that we all know is ‘reduce, reuse, recycle.’ But that is being updated now, to include ‘refuse’ as a first step. People around the world, and many in Maine, are actively trying to refuse single-use plastics. Simple ways they can do this are to bring their own bags to the grocery store, bring their own utensils to avoid plastic forks, refuse plastic straws and refill what containers they can with bulk foods and goods. That’s where L.D. 1933 comes into play. L.D. 1933 aims to make refilling your own containers more widely accepted at grocery stores.” [Central Maine, 1/20/20 (+)]

 

Misc. Waterways

 

Trump’s EPA Is Said To Cut Scientists Out Of New Water Policy That Threatens New England Wetlands. According to Boston Globe, “With the Trump administration poised to roll back key protections for much of the nation’s wetlands, scientists at the US Environmental Protection Agency are accusing the agency’s political appointees of ignoring their advice and barring them from shaping sweeping new guidelines, violating the agency’s longstanding policies. One scientist was so distraught that the agency veteran started to cry while explaining how EPA administrators have cut specialists out of the process of crafting rules that prevent development and pollution near streams, tidal waters, and ponds. ‘This has been a very painful time to work for the agency,’ the scientist said in a recent interview, speaking on condition of anonymity because of fear of reprisal. ‘We’re being asked to do things that most of us feel is the antithesis of what we’ve been trying to do, and, in some cases, undo things that we’ve worked very hard to accomplish.’” [Boston Globe, 1/18/20 (=)]

 

Becerra Sues Federal Land Agency Over Plan To Expand Fracking In California. According to Politico, “California Attorney General Xavier Becerra sued the federal Bureau of Land Management Friday over its plan to reopen more than 1 million acres of public land to fracking, saying the agency ‘shortchanged the evidence’ tied to the drilling technique. Becerra said BLM failed to fully account for the potential environmental effects of hydraulic fracturing, among other impacts, when it unveiled a final environmental impact statement last month that would give the green light to oil and natural gas development across eight California counties. ‘Every day we see the climate emergency in front of our eyes,’ he told reporters when he announced the complaint, adding that BLM’s plan will make it harder for the state to hit its ambitious climate targets if more fossil fuels are extracted. ‘California isn’t looking to introduce any more smog, any more water pollution, any more greenhouse gas emissions or any further risk of earthquakes.’ Becerra criticized the EIS — which came three years after a federal judge ruled the agency’s previous study violated federal law — citing potential breaches of the National Environmental Policy Act, the Federal Land Policy and Management Act, and the Administrative Procedure Act in his suit. … The complaint — which was filed jointly with Gov. Gavin Newsom, the state Air Resources Board, the Department of Fish and Wildlife and the Department of Water Resources — seeks an injunction to hold BLM’s updated EIS and prevent the agency from approving new leases on public land until the assessment complies with federal laws.” [Politico, 1/17/20 (=)]

 

Committee Leaders Ask For Infrastructure Proposals, Priorities. According to E&E News, “House lawmakers are ramping up their preparations for writing a new water infrastructure reauthorization bill. Leaders of the Transportation and Infrastructure Committee sent a letter to other House lawmakers Friday asking them to start thinking about project and policy priorities for the initiative. Congress passes a water infrastructure authorization bill every two years, and the legislation focuses on Army Corps of Engineers projects for navigation, flood reduction, shoreline protection and ecosystem restoration. ‘Regular consideration of locally-driven, rigorously-studied, and nationally-significant Corps infrastructure is key to preserving our Nation’s economy, to protecting our communities and businesses, and to maintaining our quality of life,’ wrote Chairman Peter DeFazio (D-Ore.). Other signatories included ranking member Sam Graves (R-Mo.) and Subcommittee on Water Resources and Environment Chairwoman Grace Napolitano (D-Calif.) and ranking member Bruce Westerman (R-Ark.). The Transportation and Infrastructure Committee has already held a number of hearings in preparation for drafting legislation. Committee leaders told lawmakers they will be invited to another session at the end of February to discuss particular issues.” [E&E News, 1/21/20 (=)]

 

It’s Fish Vs. Dams, And The Dams Are Winning. According to The New York Times, “For thousands of years, alewives and blueback herring have left the ocean to swim up the Hudson River to any one of scores of tributaries to lay their eggs. But in a more recent era, the fish have been literally hitting a wall as dams popped up all over the region, powering grist and woolen mills and later factories. Today, there are an estimated 2,000 dams in the Hudson River Estuary between New York City and Albany, N.Y. Many are small and obsolete, abandoned by long-shuttered factories and serving no purpose other than to thwart fish migration and harm river ecology. Now a growing band of environmentalists wants to restore the waters to their natural state. They are targeting dams for removal not only in the Hudson Valley but across New York and the United States. ‘Small dams are everywhere, and many of them just persist through inertia,’ said John Waldman, a biology professor at Queens College and the author of ‘Running Silver: Restoring Atlantic Rivers and Their Great Fish Migrations.’ ‘Until recently, no one had the wherewithal or energy to take these things down.’ … ‘The most bizarre myth is the notion that if you remove the dam, there won’t be any water in the stream,’ Dr. Gephard said. ‘It’s as if they think the water is coming from this concrete. So many Americans don’t understand the concept of a watershed or flowing water.’” [The New York Times, 1/17/20 (=)]

 

Activists Find Evidence Of Formosa Plant In Texas Still Releasing Plastic Pollution Despite $50 Million Settlement. According to DeSmog, “On the afternoon of January 15, activist Diane Wilson kicked off a San Antonio Estuary Waterkeeper meeting on the side of the road across from a Formosa plastics manufacturing plant in Point Comfort, Texas. After Wilson and the waterkeeper successfully sued Formosa, the company agreed to no longer release even one of the tiny plastic pellets known as nurdles into the region’s waterways. The group of volunteers had assembled that day to check whether the plant was still discharging these raw materials of plastics manufacturing. Their suit against Formosa Plastics Corp. USA resulted in a $50-million-dollar settlement and a range of conditions in an agreement known as a consent decree. Key among the conditions was the company’s promise to halt releasing the nurdles it manufactures into local waterways leading to the Texas Gulf Coast by January 15. Wilson described the occasion as ‘day one of the zero discharge settlement.’ As of that date, Formosa could be fined up to $15,000 a day if it were found still discharging nurdles. That would put the multi-billion-dollar plastics maker in violation of the court settlement made after U.S. District Judge Kenneth Hoyt determined the company had violated the Clean Water Act by discharging plastic pellets and PVC powder into Lavaca Bay and Cox Creek in a June 27 ruling last year. The deal, signed by Judge Hoyt in December, represents the U.S.’s largest settlement in a Clean Water Act lawsuit brought by private individuals against an industrial polluter. The settlement mandates that both Formosa and the plaintiffs agree to a monitor, remediation consultant, engineer, and trustee for ongoing monitoring of the plant.” [DeSmog, 1/18/20 (+)]

 

Op-Ed: 36 Years After First Bay Agreement, Its Restoration Is Still A Pipe Dream. According to Bay Journal, “Make no mistake — without the Bay Agreement and the Bay Program, the Chesapeake would be much worse. Reductions in nutrients and sediment have been achieved despite significant population growth, from 13 million watershed residents in 1983 to 18.3 million today. Still, Bay restoration is floundering and the situation is dire: We have so poisoned our waters that reports abound of serious flesh-eating infections in humans who come into contact with Bay waters. My Annapolis car mechanic, an avid fisherman, contracted a serious infection while fishing the South River and was hospitalized with a chronic wasting disease eating his leg away. He died a year later. This is not an isolated case of life-threatening infections around the Bay. Most of the Bay’s waters remain severely degraded with 58% of its waters so polluted they fail to meet basic Clean Water Act requirements. The dead zone in the Chesapeake grew in late July, covering two cubic miles and making it the second-largest late-July dead zone since 1985. The average size for that time period is 1.34 cubic miles. Overall, the summer dead zone was the third largest recorded. Collapsed fisheries — oysters, shad and soft clams — are at or near record lows.” [Bay Journal, 1/17/20 (=)]

 

 

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