WOTUS & NWPR

 

Op-Ed: Trump Administration Right About New Rules For Navigable Waters. According to The Advocate, “The new Navigable Waters Protection Rule announced last month by the federal government is good news for the economy, and for many industries like mine that deal with land development and agriculture. The Environmental Protection Agency and the U.S. Army Corp of Engineers deserve credit for making this important change. The real estate company I work for helped, in part, to redevelop New Orleans after Hurricane Katrina fifteen years ago. Among several projects, we replaced abandoned lots and housing complexes with new retail and commercial developments. These projects required extensive environmental remediation to make them safe for customers and area residents. Wastewater from Katrina distributed and deposited heavy metals and pollutants into the soil. Significant portions of the dirt were contaminated; removing and replacing it entirely with new fill required massive documentation and effort. With the help of the state and local governments, we completed these projects within a 14-month timeline, also building a retail development to reinvigorate and draw people to the area. In 2015, the Obama administration EPA implemented a new Waters of the U.S. (WOTUS) rule that allowed federal agencies to regulate almost all bodies of water across the country — not just bays, lakes and rivers, but smaller bodies of water that were previously being regulated by state and local governments. The regulation also included dry areas — like ditches, gullies, streams, and even tire ruts — that are only sometimes wet. The result of this rule was that it added enormous time, cost and confusion to development, construction, farming, manufacturing and mining industries across the country.” [The Advocate, 3/6/20 (-)]

 

Coal Ash

 

AP | TVA To Remove Coal Ash From Allen Plant At Estimated $300 Million Cost. According to Commercial Appeal, “The Tennessee Valley Authority plans to move toxin-laden coal ash from a retired plant in Memphis to an off-site landfill, at the cost of roughly $300 million, the federal utility said Friday. TVA is considering six landfills in the South after it decided to move 3.5 million cubic yards of coal ash — the byproduct of burning coal for power — from the old Allen Fossil Plant in south Memphis, rather than keep the material in place. The TVA said it prefers taking the coal ash to an off-site landfill rather than moving it to a processing facility because construction and operation of the facility would delay economic development of the Allen site and lead to issues with air and noise emissions, safety risks and public disruption, the TVA said in an environmental impact report. Removal would cost about $300 million and take about seven to 10 years, TVA spokesman Scott Brooks said. Under consideration are sites in Shelby County, Tennessee; Robinsonville, Mississippi; Uniontown, Alabama; Mauk, Georgia; and Bishopville, South Carolina. The decision to move the Allen coal ash was the latest move by the authority as it deals with the material’s disposal in Tennessee. The TVA, which provides power to more than 10 million people in parts of seven Southern states, has recently come under scrutiny for its handling of coal ash.” [Commercial Appeal, 3/6/20 (=)]

 

Toxic Algae

 

Editorial: Ohio EPA May Finally Clean Up Lake Erie. According to The Columbus Dispatch, “The Ohio Environmental Protection Agency under Gov. Mike DeWine is getting serious about helping the algae-choked western Lake Erie basin. The EPA’s recent announcement that it will set a daily limit on how much pollution can enter the lake — called a Total Maximum Daily Load, or TMDL — is a significant overdue acknowledgement that simply asking farmers to be more careful isn’t enough to protect one of Ohio’s greatest natural resources. Northwestern Ohio is the state’s breadbasket — or maybe beefbasket or eggbasket, given the many large-scale livestock and poultry farms that share the landscape with corn and soybeans. It is fertile and productive land, but industrial agriculture comes at a steep price to water quality. The phosphorus and nitrogen present in fertilizers and manure from the farms run off of the fields and eventually into the Maumee Bay and western Lake Erie basin, where they are the primary contributors to massive blooms of bright green, sometimes toxic algae that form every summer. The blooms also hurt Lake Erie’s more than $15 billion tourism and fishing industries. … Establishing pollution limits for individual farms and enforcing them won’t be simple. Typically, TMDLs have been applied to pollution that spews from a pipe into a water source and is easily measured. Agricultural pollution is known as ‘nonpoint source’ because it enters waterways over a widespread area.” [The Columbus Dispatch, 3/6/20 (=)]

 

Drinking Water

 

U.S. Rep. Rouda Co-Authors Letter Targeting Nestlé Bottled Water Operations. According to The Center Square, “Two Democratic U.S. representatives, California’s Harley Rouda and Michigan’s Rashida Tlaib, collaborated on a letter to Nestlé Waters President and CEO Fernando Mercé, linking the company’s business operations with the Flint water crisis. Their letter is the opening salvo by Tlaib and Rouda in their investigation of Nestlé Water’s business practices. The pair demanded Nestlé turn over company documents, including information pertaining to the extraction and selling of water as well as the health and environmental risks Tlaib and Rouda said are associated with plastic bottles. Both Rouda and Tlaib serve, respectively, as chairman and vice-chairwoman of the U.S. House of Representatives Subcommittee on Environment. Nestlé Waters operates a bottled-water business outside Evart. The representatives asserted the company pumped 3.4 billion gallons of groundwater in Michigan, and recognized sales of more than $343 million from the resulting product. ‘The Subcommittee is concerned that Nestlé is taking a critical public resource from communities in need without equitably reinvesting in those communities and ensuring long-term environmental sustainability,’ Tlaib and Rouda said in the letter dated March 3.” [The Center Square, 3/6/20 (=)]

 

Where Mermaids Play, A Nasty Water Fight. According to The New York Times, “One by one, the mermaids dived into the water. Their colorful tails — vibrant blues, yellows and oranges — shone brightly against overcast skies. It was a quiet day in late January and the mermaids, a group of young women who have bonded over a shared love for the mythological aquatic sirens, frolicked in the crystal clear waters of Devil’s Eye, one of the seven natural springs in Ginnie Springs Outdoors, a vast recreational park and campground facility. Nearby, a group of divers prepared to sink into the spring, a bath hovering around 72 degrees, and explore the miles of underwater caves that can be found throughout this area about 25 miles northwest of Gainesville. The scene’s tranquillity belied a contentious fight over the springs in the area that has roiled this small community for much of the past year. The clash started when the family that owns the land around the Ginnie Springs recreational compound filed a water permit renewal with state water regulators. For years, the family has allowed various corporations to draw water from the springs and move it through a pipeline to a nearby plant, where it is bottled for sale. In the latest renewal, however, the family said it planned to quadruple the amount of water historically pumped from Ginnie Springs to the full amount allowed under the permit, more than a million gallons a day. That water would be sold to Nestlé, which makes billions of dollars in North America every year through a variety of bottled-water brands. And so began a debate that has reverberated across the state: Is there enough water to go around? And who gets to make money off this natural resource?” [The New York Times, 3/8/20 (+)]

 

Next Up: Michigan. Will Climate Matter To Primary Voters? According to E&E News, “Looking beyond climate change, the environmental issue that’s top of mind for many Michiganders is water pollution — something both Sanders and Biden have sought to address. In the wake of the Flint water crisis, attention has shifted to per- and polyfluoroalkyl substances, or PFAS, the class of toxic chemicals used in products such as nonstick cookware and firefighting foam. Out of all 50 states, Michigan has the highest number of identified sites contaminated by PFAS, according to data released by the Environmental Working Group. Environmentalists have also raised concern about Enbridge Inc.’s Line 5, an aging pipeline running under the Straits of Mackinac between Lake Michigan and Lake Huron. They worry that the pipeline will someday leak, contaminating the drinking water supply for roughly 40 million people. … Nick Dodge, a spokesman for the Michigan League of Conservation Voters, declined to comment on individual candidates’ plans to address water pollution. But he noted that Sanders has developed a strong track record during his time on Capitol Hill. ‘In the wake of the Flint water crisis, we’ve got a lot of water issues here. It’s kind of a full-blown crisis with the contamination of PFAS,’ Dodge said. ‘We think the candidates should have bold plans to take on this toxic contamination in our drinking water,’ he said. ‘Some of the candidates have been in the Senate for a while, so they’re able to have a track record on this issue. Others haven’t.’ Duggan, the former Biden energy and climate aide, sought to defend Biden’s track record on the issue, noting that he mentions PFAS in his climate plan. ‘No matter what office you seek, if you want a Michigander’s vote, you need to be protecting our drinking water,’ Duggan said. ‘From personal experience of working for the vice president, I certainly know that this is something close to his heart.’” [E&E News, 3/9/20 (=)]

 

Sanders Is Behind With Black Voters. He Didn’t Fix That In Flint. According to The New York Times, “Cornel West pleaded with his ‘own black people’ to support Senator Bernie Sanders. An African-American pediatrician praised Mr. Sanders’s health care plans, describing how ‘black lives matter so much’ to the senator. And community activists assailed Mr. Sanders’s rival, former Vice President Joseph R. Biden Jr., attacking criminal justice and housing policies that they argue devastated communities of color in places like this majority-black city. Amid this parade of support at a Flint town-hall-style event on Saturday night, Mr. Sanders looked on, largely silent — at least when it came to wooing the black voters whose strong backing of a rival candidate could once again cost Mr. Sanders the Democratic presidential nomination. … Five years after Michigan switched Flint’s water supply to the contaminated Flint River from Lake Huron, the city is still dealing with the aftereffects of the lead crisis, which exposed nearly 30,000 schoolchildren to a neurotoxin known to have detrimental effects on children’s developing brains and nervous systems. Neurological and behavioral problems — real or feared — among students are threatening to overwhelm the education system. Those lingering challenges were not given significant attention during Mr. Sanders’s remarks.” [The New York Times, 3/8/20 (=)]

 

Get The Lead Out. According to Martinsville Bulletin, “New proposed federal rules aimed at reducing the risk of lead exposure in drinking water could be costly and difficult for small water systems to enforce, local officials said. The Henry County Public Service Authority recently submitted comments to the Environmental Protection Agency about proposed revisions to its Lead and Copper Rule, which will likely be completed this summer. There is no question that lead is a public health concern, and that water systems should work to reduce exposure, PSA Director of Regulatory Compliance Mike Ward said. The problem is that many of the new regulations would place an increased burden on the utility without a clear benefit to the public in terms of water safety and quality. In a letter to the EPA, Ward questioned the addition of certain ‘sweeping proposals’ that ‘seem to complicate an already complex regulation.’ ‘There’s a lot that’s just uncertain right now until the final rule is approved,’ he said. ‘Any time you can reduce the risk of lead exposure, it’s always a good thing, but we have to be careful about balancing costs.’ This marks the first major overhaul of the Lead and Copper Rule since it was enacted in 1991. The proposal would change how utilities test and treat for these toxins in drinking water, as well as requiring quicker action and public communication when elevated levels are found. EPA officials announced the rule changes in October in an effort to ‘better protect children and at-risk communities,’ according to an agency news release.” [Martinsville Bulletin, 3/6/20 (+)]

 

PFAS

 

Despite Pressure, Air Force Chief Declines Pledge To Use New PFAS Powers. According to Inside EPA, “Despite lawmakers’ pressure, Air Force Secretary Barbara Barrett earlier this month said the military is examining the use of recently enacted powers allowing the Defense Department (DOD) to take steps to aid agricultural operations harmed by its per- and polyfluoroalkyl substances (PFAS) releases but she stopped short of pledging to use those powers. During a March 3 hearing held by the Senate Armed Services Committee on the Air Force’s fiscal year 2021 defense authorization request, Sen. Martin Heinrich (D-NM) pressed Barrett if she planned to work with state and local officials in New Mexico ‘to find a permanent PFAS solution and actually use those authorities that Congress gave the Air Force’ in the FY20 National Defense Authorization Act (NDAA). The law allows DOD to provide alternative sources for agriculture water contaminated with PFAS and to acquire contaminated contiguous property. The provisions were driven by PFAS contamination issues in New Mexico. Heinrich explained that the previous Air Force secretary ‘was very blunt’ about the services’ limited authorities at the time, and therefore, Congress ‘changed much of that in the NDAA’ last December in response. He added, ‘We’d like to see you use those authorities.’ But Barrett was non-committal, saying only that ‘We are doing research now and will continue to do that.’ She added that the Navy has the lead on the matter, but the Air Force is also working on it. And in a letter responding to lawmakers asking about the military’s use of these authorities, Barrett skirted the question, without making any commitments.” [Inside EPA, 3/6/20 (=)]

 

Plastic Pollution

 

Suit Cites California ‘Nuisance’ Laws In Bid To Stop Use Of ‘Virgin’ Plastics. According to Inside EPA, “Environmentalists have filed a new lawsuit claiming soda makers and other manufacturers of plastic-packaged items are effectively lying to their customers by continuing to use ‘virgin’ plastics and painting recycling and litter reduction as solutions to a growing waste problem, echoing similar ‘nuisance’ suits over fossil fuel and lead paint pollution. In a complaint filed Feb. 26, in California state court, the anti-waste group Earth Island argues that 10 major food, manufacturing and other firms have violated California law by advertising their products as ‘recyclable’ despite infrastructure that falls far short of the capacity to actually process more than a small percentage of those goods. Among the companies named in the suit are the Coca-Cola Company, Pepsico, Mars and Nestlé USA. ‘[R]ather than switch to more sustainable materials in their Products, Defendants have engaged in a decades-long campaign to deflect blame for the plastic pollution crisis to consumers. Defendants’ campaigns spread the false narrative that the oceans, wildlife, and environment would be healthy were it not for the consumers who failed to recycle their plastic. In reality, much of the purportedly ‘recyclable’ plastic submitted to recycling facilities by consumers is not actually recyclable,’ reads Earth Island’s complaint. The suit alleges numerous violations of California laws barring ‘any untruthful, deceptive, or misleading environmental marketing claim, whether explicit or implied,’ including citations to state-approved guidance that companies may not market a product as recyclable ‘unless it can be collected, separated, or otherwise recovered from the waste stream through an established recycling program for reuse or use in manufacturing or assembling another item.’” [Inside EPA, 3/6/20 (=)]

 

When The Ocean Gives You Plastic, Make Animals. According to The New York Times, “Angela Haseltine Pozzi stands shoulder to shoulder with Cosmo, a six-foot-tall tufted puffin, on a cliff overlooking the blustery Oregon coast. It is January and the deadly king tides have come to Coquille Point, making the shoreline look like a churning root-beer float. Cosmo endures the weather just fine, as he is composed of plastic that has washed ashore — flip-flops, bottle caps, toy wheels, cigarette lighters — all mounted to a stainless-steel frame and bolted to concrete. The puffin is a sculpture from Ms. Haseltine Pozzi’s art and education nonprofit, Washed Ashore, whose tagline is ‘Art to Save the Sea.’ ‘We’ve cleaned up 26 tons off the beaches,’ Ms. Haseltine Pozzi said, ‘which isn’t a dent in the actual pollution issue, but we’re doing something by raising awareness and waking people up.’ In the shelter of the nearby Washed Ashore Gallery and volunteer workshop in this city’s Old Town, Ms. Haseltine Pozzi said that the nonprofit welcomed everyone. ‘We’re not here to blame anybody or to point fingers,’ she said of ocean pollution. ‘We basically invite the Buddhists and the Baptists, and the rednecks and the hippies, and the Republicans and the Democrats, and they all sit around the table and they all work together on something, which doesn’t happen enough in our world.’” [The New York Times, 3/9/20 (=)]

 

Water Infrastructure

 

AP | Ark. Sues City For Not Complying With Wastewater Agreement. According to E&E News, “An Arkansas state agency filed a lawsuit against a city, seeking more than $80,000 in fines over the city’s alleged failure to comply with a wastewater treatment plant agreement. The Arkansas Department of Environmental Quality on Wednesday imposed the fines a day after it filed a lawsuit seeking a court order to compel Bethel Heights to prevent wastewater from pooling through the surface of the city’s treatment site. The state initially imposed a $101,200 fine on the city. The ADEQ slashed it by $81,200 after the city agreed in October to follow state standards, which includes removing excess wastewater for treatment at another location if wastewater continued emerging at the city’s treatment site, according to the lawsuit. The city paid $20,000 in fines to the state in December. This week’s lawsuit asks the city to pay the fines that were dropped last year, the Northwest Arkansas Democrat-Gazette reported yesterday. ‘The city is extremely disappointed that DEQ chose to take this action,’ said Robert Rhoads, an attorney representing Bethel Heights. ‘Filing suit alleging Bethel Heights is not in compliance with its agreement under the [consent agreement order] is simply the wrong approach.’ Rhoads added that the city has been working to address its wastewater treatment system complications while maintaining communication with state officials. He insists the city has met the terms set in the October agreement.” [E&E News, 3/6/20 (=)]

 

 

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