Clean Water Act

 

NWPR & WOTUS

 

It Will Take Years To Undo The Damage From Trump’s Environmental Rollback. According to The New Republic, “Some of the Trump administration’s defeats in court can be partly chalked up to the sloppy way it has tried to strike down regulations. A number of final rules, like this year’s rule on car emissions, have also faced criticism for math that didn’t add up and basic spelling errors. But any legal win and reversal by environmentalists or blue states won’t rectify damage that’s been done in the interim, argues Bennett. She points to recent changes made to a provision of the Clean Water Act known as the Waters of the United States rule (WOTUS), which shrinks the number of small waterways and wetlands eligible for federal protection. The changes are being challenged in court by environmental groups, including PEER, but a federal judge refused to stay its implementation until the suit concludes. The rule went into effect last week. ‘The two questions are, ‘What can it take to reverse the old rules?’ and ,’Can we come back from the damage that was done on the ground?’ Those are two separate questions,’ said Bennett, citing WOTUS. ‘The first answer is: It’s going to take years. And we will have some permanent losses. I think personally there are some things we’ll never come back from.’” [The New Republic, 6/29/20 (+)]

 

Permits & Certifications

 

Op-Ed: We Can’t Trust Enbridge – We Must Close Line 5. According to Bridge, “The past week, more than ever, Enbridge has shown Gov. Gretchen Whitmer and her administration that Line 5 can no longer remain in our Great Lakes and that Enbridge lacks the required safety management culture to continue the operation of Line 5 in our waters. Gov. Whitmer has shown strong leadership in the face of the COVID-19 pandemic. Now she needs to show similar resolve in the face of a potential catastrophic oil spill from Line 5: Whitmer must act to shut down the Line 5 pipeline. During the 2010 Enbridge oil spill, which covered the Kalamazoo River in oil for nearly 40 miles, Bell’s Brewery had a front row seat into the underbelly of Enbridge’s behavior as a corporation. In the events leading up to that spill and in their response, they showed a complete disregard for the communities they impact. They failed to follow basic safety protocols, tried to underplay impacts, disregarded local oversight, were willfully unprepared for the disaster they caused, and they had a total disregard for area businesses impacted by their failure as a company. Were line 5 to rupture below the surface of Lake Michigan, in addition to losing our fresh drinking water and basic way-of-life, thousands of Northern Michigan businesses could be lost. In 2017 alone, Michigan had over 200,000 jobs directly supported by tourism, most of which are generated in this exact location. Travelers to Michigan spent $24.7 billion while visiting our Great Lakes State, generating $2.7 billion in state and local taxes. Businesses across all sectors, including much of the craft beer community, rely on the clean, safe water from the Great Lakes. A line 5 failure could decimate that revenue and cut entire communities off from basic needs, including safe drinking water.” [Bridge, 6/28/20 (+)]

 

TMDL

 

Duluth's Urban Trout Streams Hanging On, But Need Help. According to Duluth News Tribune, “But most of Duluth’s urban trout streams are impaired, in some sort of trouble caused by the trappings of city life: Too much sediment from runoff, salt from winter road clearing and E. coli bacteria contamination from people and animals. All that concrete and blacktop in town means water runs off, doesn’t soak in, and is often too warm and too dirty, or turbid, to meet trout standards. Some Duluth streams are already too warm at times for trout to live. Worse, most are forecast by mid-century — just 30 years from now — to warm to levels that are fatal to trout, thanks to a warming climate. That’s why the PCA has developed a report on the status of those streams and released a plan on how to make 11 of them more hospitable to fish. The 11 are the streams with enough long-term data available to show what impairments are an issue. The name is a mouthful — the Duluth Urban Streams Total Maximum Daily Load — part of the sometimes-obtuse federal mandate to apply the Clean Water Act to ground-level waterways. The effort establishes the amount of each pollutant, the load, that each stream can accept and still meet water quality standards. The process provides a snapshot of where streams are today and lays out a road map on how to improve water quality over the next 10-30 years. But it’s going to take more than a plan to get there. Local governments, watershed districts and especially residents will have to spend time, money and effort.” [Duluth News Tribune, 6/28/20 (+)]

 

Water Pollution

 

Drinking Water

 

Our Drinking Water Was Always Full Of Microbes, But The Wrong Ones Might Be Thriving In The Pandemic. According to Phys.org, “Many buildings have been largely unoccupied for months, and their water supplies have been sitting relatively still. That stagnation means that water stays warm for longer periods of time. And because of those changes in the flow of water, the disinfectants that are added to limit microbial growth decay. As people slowly repopulate large buildings for work, school, and other activities, the potential overgrowth of pathogens in the water of those buildings could put people at risk, says Ameet Pinto, an assistant professor of civil and environmental engineering at Northeastern. The growth of microbes in water is a very natural process that occurs everywhere. At home, for example, if you open the tap in the morning, the typical concentration of microorganisms coming out of the faucet will be higher than it will be later in the day, when water has run through the pipes. ‘It’s not unusual to see between 10,000 and 50,000 cells in every milliliter of drinking water,’ Pinto says. ‘That’s just absolutely normal.’ The problem is when the wrong types of microbes—the ones that can make people sick—start gaining prominence inside the pipes, Pinto says, thinking of Legionella pneumophila and nontuberculous mycobacterium, pathogens that thrive when water stagnates.” [Phys.org, 6/26/20 (=)]

 

PFAS

 

Shaheen Seeks PFAS Amendment Triggering DOD Cleanups, Cost Recovery. According to Inside EPA, “Sen. Jeanne Shaheen (D-NH) is seeking to insert in the fiscal year 2021 defense authorization bill a provision to allow communities near military facilities to recoup cleanup costs for two per- and polyfluoroalkyl substances (PFAS) and give the Defense Department (DOD) the ability to pursue recovery of remediation costs from industrial parties. The amendment -- which Shaheen filed June 25 for inclusion in the FY21 National Defense Authorization Act (NDAA) -- would also ease DOD’s ability to appropriate funds for cleanup of the two substances in drinking water around military bases, environmental groups say. Shaheen also filed three other PFAS-related amendments. The Senate voted June 25 for cloture, which generally limits debate to 30 hours. Shaheen’s measure takes a unique path toward opening the door to cleanup cost recovery within the federal facility realm following failed attempts from lawmakers to gain enough backing to require EPA to regulate the emerging contaminants through amendments to Superfund law, Clean Water Act (CWA) and Safe Drinking Water Act (SDWA). The senator has been a long-time proponent of legislation to address contamination and health impacts from PFAS -- particularly focusing on impacts at and around military sites. Her measure would amend 10 U.S. Code section 2701 -- which established DOD’s environmental restoration program and generally called on DOD to carry out cleanups under the Superfund law. The amendment would designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) -- the two most studied PFAS -- as ‘hazardous and a pollutant and contaminant.’” [Inside EPA, 6/26/20 (=)]

 

N.C. State Study Finds PFAS Throughout Yadkin-Pee Dee River Food Chain. According to North Carolina Health News, “While sampling the Yadkin-Pee Dee River’s food chain for perfluorinated compounds known as PFAS, N.C. State University researchers managed to capture a robust redhorse that was about to spawn. Capturing the fish, a member of the sucker family, was no easy task. According to N.C. Wildlife Commission, an estimated 62 reproductive adult robust redhorse are in North Carolina waters, almost exclusively in the Yadkin-Pee Dee River. The state lists the fish as endangered. … ‘I think the implications are these things (PFAS) are widespread in the system and they are throughout the food web, and they have both environmental health and human health implications,’ said Cope, who shared lead investigator duties with researcher Tom Kwak of N.C. State. … ‘This confirms a strong trophic link, or step in the food chain, showing how PFAS transfers from biofilm to insects, which are then eaten by freshwater fish,’ Cope wrote in a news release announcing the study’s release. … Cope said researchers aren’t sure where the PFAS detected in the river’s food chain is coming from. It could be emerging from a combination of wastewater treatment plant effluent, so-called land farms where sewer sludge is placed, landfills and other sources, Cope said. It could also be airborne, he said.” [North Carolina Health News, 6/26/20 (=)]

 

Scientists Pin Blame For Some Coronavirus Deaths On Air Pollution, Pfas, And Other Chemicals. According to The Intercept, “In addition to air pollutants, Birnbaum pointed to the potential for endocrine-disrupting chemicals to make people more vulnerable to Covid-19. Among them are BPA and its replacements; phthalates, which are found in makeup, nail polish, and plastics, particularly food packaging; and PFAS, a class of industrial contaminants most famously used to make Teflon and other nonstick products. Exposure to even very small amounts of these chemicals has been linked with conditions that have been shown to make Covid-19 worse. Phthalates are associated with damage to lungs and obesity, as well as to diabetes, the second most common underlying condition in people who die of Covid-19, according to the Centers for Disease Control and Prevention. BPA, which is often added to food packaging and drink bottles, is also linked to obesity, as well as asthma and diabetes. PFAS, which also interferes with the functioning of the endocrine system, has been shown to cause several underlying conditions that leave people more vulnerable to Covid-19. People with higher levels of PFAS in their bodies are more likely to gain weight and have a harder time losing it. The chemicals not only increase obesity risk in those exposed, but also in the granddaughters of women who were exposed. And PFAS is associated with asthma and hypertension, two other conditions that appear to worsen people’s chances of surviving Covid-19. PFAS causes kidney disease and elevates levels of cholesterol and other fats in the blood, which also increase the chances that people with Covid-19 will be hospitalized or need intensive care.” [The Intercept, 6/26/20 (+)]

 

Op-Ed: Colorado Should Do More To Control PFAS Contamination. According to The Denver Post, “There is growing scientific evidence that the COVID-19 virus disproportionately impacts those with compromised immune systems. Unfortunately, segments of the Colorado public may be more at risk because of long standing contamination from per- and poly-fluoroalkyl substances (PFAS), also known as ‘forever chemicals.’ PFAS are called ‘forever chemicals’ because they do not break down in the environment and they bioaccumulate in the food chain. They are associated with birth problems and damage to the liver, kidneys, and immune system, as well as cancer risk. The incredible persistence and mobility of PFAS chemicals in the environment also means that even small amounts can effectively contaminate large quantities of ground and surface waters. Unfortunately, PFAS are also ubiquitous. They are used in the manufacture of an array of consumer goods, including cookware, flame-retardants, waterproofing, furniture and take-out containers. Our military also extensively uses fire-fighting foam containing PFAS, as have many firefighters. Therefore, it is concerning that PFAS can be found in Colorado’s drinking water. North metro Denver, for example, has recorded high levels in its drinking water. There are also elevated levels of PFAS in the drinking water in the towns of Fountain, Windsor, and Widefield, near Peterson and Buckley Air Force bases. In addition, the Air Force Academy has used firefighting foam containing PFAS and it appears to have contaminated the groundwater and at least two nearby drinking water wells. Similarly, the Boulder Mountain and Sugarloaf Fire Districts in western Boulder County have contamination levels of groundwater wells.” [The Denver Post, 6/26/20 (+)]

 

Coal Ash

 

Increased Fees For Coal Ash Storage In Georgia Clears Legislature. According to The Augusta Chronicle, “Legislation to increase the fees for storing toxic coal ash at landfills in Georgia passed out of the General Assembly Wednesday. Senate Bill 123, sponsored by Sen. William Ligon, would raise the fee for coal ash disposal from $1 per ton to $2.50 per ton, matching the fees charged for other items. The increase is intended to discourage an influx of coal ash being transported to Georgia from power plants in surrounding states. The bill also erases a carve-out for coal ash disposal the General Assembly passed in 2018 that charged $2.50 per ton for all kinds of waste storage except coal ash, which was set at $1. The bill by Ligon, R-Brunswick, passed out of the Georgia Senate Wednesday after clearing the state House of Representatives earlier this week. It now heads to Gov. Brian Kemp’s desk for his signature. Under the bill, 20% of the revenue generated by the coal ash fees would go to local governments for recycling, litter control and improvements to areas adjacent to landfills such as repairs to local roads affected by the hauling of solid waste to landfills and beautification initiatives. Any contracts effective on Sept. 1, 2020, between landfills and local governments where the dumps are located would not have to adopt the lower fee for coal ash unless the contract was renewed, amended or otherwise changed. The bill stemmed from concerns by local environmentalists that the lower disposal fee could spur out-of-state power companies to send Georgia massive amounts of coal ash.” [The Augusta Chronicle, 6/26/20 (=)]

 

TVA Drops Proposed Land Purchase For Coal Ash Storage In East Tennessee. According to Chattanooga Times Free Press, “The Tennessee Valley Authority has withdrawn permit applications to store coal ash at the Bull Run power plant in Anderson County while it re-evaluates its options for disposing of tons of the residuals from the 53-year-old plant. TVA recently informed the U.S. Army Corps of Engineers and Tennessee Department of Environment and Conservation about the decision to withdraw its permit, which had drawn criticism from some local residents concerned about lingering effects of the potentially toxic material being stored near the Bull Run Creek. TVA purchased 200 acres of property next to the coal-fired power plant and first began the permit application process in 2013 when the utility still expected to continue to operate Bull Run for many years. But faced with a stagnant or even declining power demand, the TVA board voted last year to close the Bull Run plant in 2023 after shutting down the last of its Paradise coal plant in Kentucky earlier this year. ‘We are thoroughly studying the environment at Bull Run, and we haven’t made any decisions about the future of coal ash stored there,’ said Scott Turnbow, TVA’s vice president for civil projects. ‘We aren’t certain if a new landfill will be necessary, so it makes sense to withdraw our applications until we determine the need.’ The proposed landfill site being considered would have held around 8-9 million cubic yards of ash and would force a stream to be rerouted.” [Chattanooga Times Free Press, 6/27/20 (=)]

 

Plastic Pollution

 

Plastic Waste Surges As Coronavirus Prompts Restaurants To Use More Disposable Packaging. According to CNBC, “As the country re-opens after months of lockdowns, consumers and restaurants have become more dependent on single-use plastic bags, containers and utensils due to health concerns prompted by the coronavirus pandemic. Before the start of the outbreak, cities and states were making some progress on banning plastic bags, shifting away from single-use plastic — which ends up sitting in the ocean — to paper or reusable products. But now, cities and states have delayed or rolled back those bans on plastic bags in fear that reusable products will spread disease. Many retailers are banning customers from bringing reusable bags. And municipalities are scaling back recycling operations due to health concerns. The surge in single-use plastic is a major blow to the fight against plastic pollution, which is projected to increase by 40% in the next decade, according to a report from the World Wildlife Fund. … ‘The plastic industry seized on the pandemic as an opportunity to try to convince people that single use plastic is necessary to keep us safe, and that reusables are dirty and dangerous,’ said John Hocevar, ocean campaign director at Greenpeace. ‘The fact that neither of these things is supported by the best available science was irrelevant.’” [CNBC, 6/26/20 (=)]

 

Flooding

 

Mapping America’s Underwater Real Estate. According to Bloomberg, “Millions of Americans just woke up in a flood zone that had never before been listed on U.S. government maps. The first-ever public evaluation of flood risk for every property in the 48 contiguous states has found that federal maps underestimate the number of homes and businesses in significant danger by 67%. The new flood-risk data, released Monday by the research and technology nonprofit First Street Foundation, is a virtually unprecedented disclosure of how much damage climate change can be expected to inflict at the level of individual homes. … First Street’s model gives homeowners access to risk-analysis techniques that had previously been available to insurers and financiers. Until now public information on flood vulnerability in the U.S. relied heavily on maps produced by the Federal Emergency Management Agency, which are often out of date, incomplete, and difficult to understand. First Street aims to change this by eventually making its flood information available on Realtor.com, the second largest listing website—a risk-disclosure event that could have profound repercussions on property values, bank loans and municipal bonds. There are 142 million properties in First Street’s public database, and each one is scored on a 10-point scale based on the likelihood of flooding over a typical 30-year mortgage. The score, called Flood Factor, rates the likelihood of flooding in simple terms. (A Realtor.com spokeswoman said the new flood-risk scores, which had been slated to be introduced on the website Monday, would be added to listings after a technical issue is resolved.)” [Bloomberg, 6/29/20 (+)]

 

Millions Of Homeowners Face Flood Risks Without Realizing It, And Climate Change Is Making It Worse. According to E&E News, “Now, an exhaustive new report out Monday shows that nationally, there are at least 6 million households that are unaware that they’re living in homes that have a 1 percent chance of flooding in each year — putting them within a ‘100-year’ flood zone. This is nearly 70 percent more homes at substantial risk of flooding than are currently within the Federal Emergency Management Agency’s Special Flood Hazard Areas, a designation that determines eligibility for the National Flood Insurance Program. This count is set to grow substantially in the coming decades due to the effects of climate change, including sea level rise, which will make hurricane storm surges more damaging, as well as precipitation extremes. A warming climate is poised to wreak havoc on the housing market, particularly if risk is not properly priced. Homeowners could be stuck owning properties that are literally and financially underwater, and insurers and lenders could face a financial reckoning of their own. The report, from the nonprofit flood research and communications group First Street Foundation, is aimed at leveling the playing field between buyers and sellers, and democratizing specialized flood risk analyses that insurance companies and consulting firms are producing but charge hefty sums to access. Now, a prospective buyer can see a property’s flood risk score, which First Street calls the ‘FloodFactor,’ along with a map showing flood information, for 142 million properties in the Lower 48 states.” [E&E News, 6/29/20 (+)]

 

Misc. Waterways

 

House To Pass $1.5T Infrastructure Bill. What's Next? According to E&E News, “The House is expected to pass a $1.5 trillion infrastructure bill this week that prioritizes climate change and clean energy, but the measure faces a rocky road ahead, given Republican opposition and no clear method of paying for it. The ‘Moving Forward Act,’ H.R. 2, is one of three pieces of major legislation on the chamber’s agenda this week, along with measures to expand the Affordable Care Act and address the nation’s housing needs amid the coronavirus pandemic. H.R. 2 is expected to see floor debate after the Rules Committee meets today to consider more than 300 amendments, including proposals related to clean energy and clean water. The ‘Moving Forward Act’ is essentially a grab bag of Democratic ideas for modernizing the country’s aging infrastructure while combating climate change and creating good-paying jobs. It would invest $100 billion in mass transit, $75 billion in clean energy, $40 billion in wastewater and $25 billion in drinking water, according to a fact sheet provided by the office of Speaker Nancy Pelosi (D-Calif.).” [E&E News, 6/29/20 (=)]

 

 

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