Clean Water Act

 

Permits & Certifications

 

Keystone XL Is Dead, But Legal War Isn't Over. According to Politico, “A federal judge last week doubled down on his decision to keep a lawsuit over the Keystone XL pipeline alive nearly two months after developers canceled the crude oil project. Chief Judge Brian Morris of the U.S. District Court for the District of Montana on Friday rejected TC Energy Corp.’s request to scrap a challenge of a Trump-era presidential permit for construction of the pipeline across the U.S.-Canada border. Morris’ decision comes after both the company and the Biden administration failed to convince the judge to end the lawsuit earlier this year. TC Energy had argued that the case, brought by the Indigenous Environmental Network and the North Coast Rivers Alliance, is now moot after the company canceled the 1,200-mile project on June 9. But Morris, an Obama appointee, disagreed. The court still retains the power to order removal of the constructed 1.2-mile border segment of the project authorized by the presidential permit, he said. ‘Nothing in TC Energy’s announcement alters the status of this case as the Court assessed in its Order on Mootness,’ Morris wrote in his order Friday. ‘The case presents a live controversy for substantially the same reason it did before.’” [Politico, 8/3/21 (=)]

 

Water Pollution

 

PFAS

 

Enviros Pan PFAS 'Loophole' In Toxics Release Inventory. According to Politico, “The newly released information on PFAS shows 89 TRI reporting forms for 44 chemicals from the nearly 40 facilities. Additionally, the data indicates facilities disposed of more than 700,000 pounds of PFAS waste last year. Those numbers, EWG members said, should likely be much higher. A reporting loophole might be the source of the discrepancy. The National Defense Authorization Act of 2020 added 172 PFAS to the release inventory, in a move applauded by advocates at the time. But the final rule published under former President Trump provided exemptions for de minimis concentrations, or an amount that is less than 1% of a total mixture. That exemption, the organization said, allows industry members to avoid reporting PFAS discharges by reducing the concentration of the chemicals in mixtures they discharge. Melanie Benesh, an EWG legislative attorney, panned the loophole. ‘It’s shameful that so many facilities are hiding behind a reporting loophole to deprive the EPA and the public of critical information and shameful that the Trump EPA made it possible,’ Benesh said in a statement. ‘The EPA must update its regulations immediately to close this loophole.’” [Politico, 8/2/21 (=)]

 

Congress Is Finally Starting To Do Something About Toxic PFAS Chemicals. According to Grist, “For generations, the Keweenaw Bay Indian Community has made its home along the shores of Michigan’s Lake Superior, developing a culture and livelihood closely tied to the waterbody, the largest freshwater lake by surface area in the world. Species such as salmon, lake trout, and walleye play a key role in the subsistence fishing tribe’s day-to-day life. In the last few decades, however, pollutants like mercury and polychlorinated biphenyls, or PCBs, have put fishing cultural traditions at risk in the Great Lakes. Now, scientists are warning there’s a new threat — PFAS, a group of man-made toxic substances also known as ‘forever chemicals’ found in everyday household items. For the first time, officials in Michigan and Wisconsin have issued a fish consumption advisory for PFAS in the Great Lakes. The chemicals, or per- and polyfluoroalkyl substances, bioaccumulate in the environment — similar to DDT in the 1950s and 60s — building in concentration as they move up the food chain. They have been linked to health issues like reproductive and liver damage.” [Grist, 8/2/21 (+)]

 

Toxic ‘Forever Chemicals’ Suspected At Oil Sites Across California. According to Capital & Main, “At least 162 oil refineries and other petroleum-holding facilities in California have likely stored or used materials containing per- and polyfluoroalkyl substances (PFAS), a class of synthetic chemicals that persist indefinitely in the environment and are linked to severe illnesses, according to state water regulators. The California State Water Resources Control Board sent a letter to facility operators in March ordering them to submit work plans evaluating the presence of the toxic compounds at their facilities, including areas where PFAS are stored or disposed of and the potential ways the chemicals could have contaminated soil, surface water, storm water and groundwater as part of a multiyear phased investigation into PFAS contamination of drinking water. Join our email list to get the stories that mainstream news is overlooking. Sign up for Capital & Main’s newsletter. Capital & Main obtained a response from the Western States Petroleum Association, which represents some of the largest oil companies in the world, asking for a 90-day extension, which it argued was necessary because of limited company resources and difficulties presented by COVID-19 travel restrictions. The water board granted the extension, as it did similar requests from water treatment facilities and metal finishing facilities. Operators must now submit work plans to their respective regional water boards by Aug. 31.” [Capital & Main, 8/2/21 (=)]

 

U.S. Bill On Toxic "Forever Chemicals" Could Help Maryland. According to Public News Service, “A bill to tackle contamination from so-called ‘forever chemicals’ known as Perfluorinated and Polyfluorinated Substances (PFAS) is moving through Congress. PFAS is used in a range of consumer products and linked to a variety of health problems. The chemical essentially does not degrade, and according to the Centers for Disease Control and Prevention, most Americans have PFAS in their blood. Sonya Lunder, senior toxics policy advisor for the Sierra Club, explained PFAS contamination has been on the radar of environmental advocates for decades, but federal regulators didn’t start paying attention until the turn of the century when evolving research uncovered the prevalence of chemicals. ‘It’s been maddening for environmental advocates, because PFAS chemicals are used so widely in things like microwave popcorn bags, or to make fabrics or rugs stain resistant,’ Lunder pointed out. ‘However, the chemicals in the environment build up in our food. They’re in the water we drink. They linger in our body for years.’” [Public News Service, 7/29/21 (=)]

 

Toxic Algae

 

Southwest Florida's Water Quality Driven By Policy And Politics. According to WFTX-TV, “Governor Ron Desantis made water quality his top priority, following the disastrous blue green algae and red tide events of 2018. He appointed a new governing board of the South Florida Water Management District, which manages water supply across 16 counties, from Orlando down to the Keys. He also called for the creation of the Blue Green Algae Task Force to address harmful discharges from Lake Okeechobee. Too much water discharged from Lake Okeechobee can result in toxic algal blooms. SFWMD Chairman Chauncey Goss says, ‘Our primary function is flood control. But we also need to make sure that we don’t hurt the environment, and the economy, and our health.’ Recent Stories from fox4now.com Goss, along with Dr. Michael Parsons, Director of FGCU’s Vester Research Field Station and member of the Blue Green Algae Task Force, agree that it started with a new state leader. Parsons says, ‘I think that Governor DeSantis wanted to basically just start with a clean slate. And so, the blue green algae task force was a new task force to keep it together.’ Goss says, ‘He said, I don’t wanna see that happen again, and I want to do what I can to fix that. So he basically, when he appointed us, that was our charge.’ Goss adds, ‘The Governor has asked for a lot of money. $2.5 billion over four years. The legislature has been giving us that money. In 650,000,000 + increments. That’s wonderful. That lets us get some of these projects done.’” [WFTX-TV, 8/2/21 (=)]

 

Ag Commissioner Nikki Fried Tours SWFL To Address Red Tide, Blue-Green Algae. According to WINK-TV, “Florida Agriculture Commissioner Nikki Fried is kick off a three-day tour across the state on Monday to discuss the Florida Department of Agriculture and Consumer Services (FDACS) Office of Agricultural Water Policy Clean Water Initiative updating and strengthening the department’s water policies to better protect the state’s natural resources. The FDACS Office of Agricultural Water Policy (OAWP) works with agricultural producers, industry groups, the Florida Department of Environmental Protection, the university system, and the Florida water management districts to develop and implement Agricultural Best Management Practices (BMPs) addressing both water quality and water conservation. Last updated in 2008, BMPs are practical, cost-effective actions that agricultural producers can take to conserve water and reduce the amount of pesticides, fertilizers, animal waste, and other pollutants entering our water resources. The first of five events, Commissioner Fried will join Sanibel-Captiva Conservation Foundation CEO Ryan Orgera, Environmental Policy Director James Evans, and Marine Laboratory Director Dr. Eric Milbrandt for a boat tour at 9:00 a.m. on Monday, August 2 departing from Fort Myers.” [WINK-TV, 8/2/21 (=)]

 

Environmental Justice

 

How Biden's EPA Waste Office Pick Could Bolster Equity Goals. According to Politico, “Carlton Waterhouse, whose nomination to oversee the Office of Land and Emergency Management is being taken up by a Senate committee this week, would bring a vital perspective to the job, advocates say (E&E Daily, Aug. 2). ‘I think we’re going to see the work in the office being re-centered,’ said Vernice Miller-Travis, executive vice president of the Metropolitan Group and a co-founder of WE ACT for Environmental Justice. ‘That’s going to be good for the staff, for other federal partners, but especially good for environmental justice communities.’ Many said EPA’s waste office would benefit from Waterhouse’s deep knowledge of the history of environmental justice. The movement itself was born out of a waste site protest, making OLEM’s role especially salient. Like others, Miller-Travis noted that Waterhouse is a known entity in many advocacy and legal circles and well acquainted with the agency. He served as an EPA attorney during the 1990s, working in both the Atlanta-based Office of Regional Counsel and the Office of General Counsel in Washington, D.C. During his earlier time with the agency, he developed regional and national environmental justice policy, along with applying Title VI of the Civil Rights Act to EPA’s permitting actions.” [Politico, 8/2/21 (=)]

 

How FERC’s Environmental Justice Push Might Backfire. According to Politico, “Two liquefied natural gas terminals under development at the tip of Texas’ Gulf Coast could either lift low-income residents out of poverty or destroy local fishing and tourism economies, depending on whom you ask. The disparate views on the planned LNG projects — Rio Grande LNG from Houston-based NextDecade and the independently owned Texas LNG — underscore a tension for the Federal Energy Regulatory Commission and Chair Richard Glick’s recent pivot to address environmental justice: How should FERC determine whether the costs of a proposed project outweigh its benefits? Under what circumstances should projects in disadvantaged communities be approved or denied? And will FERC’s decisions survive legal scrutiny? … To some legal experts and environmental activists, however, FERC’s analysis of the potential health and economic impacts of the projects on nearby communities was a textbook example of the agency’s inadequate consideration of environmental justice issues. Currently, the agency considers environmental justice within broader environmental impact statements, but there have been complaints that those analyses are insufficient and don’t fully assess impacts to low-income areas and communities of color. Glick, a Democrat who became chairman in January, vowed to make environmental justice a greater priority for the commission throughout its decisionmaking processes. At the same time, industry has questioned whether the agency has the legal authority to do so.” [Politico, 8/3/21 (=)]

 

Infrastructure Bill

 

Climate In The Infrastructure Bill: A Substantial Investment In Resilience. According to The New York Times, “As the United States staggers through another year of devastating wildfires, drought, storms and other calamities, the infrastructure bill before Congress would pour major resources into a response. The measure agreed to over the weekend includes billions of dollars to better prepare the country for the effects of global warming, in what could be the largest investment in climate resilience in American history. Much of the money would go toward activities that are already underway, but which experts say the government needs to do more of as the threats from climate change increase. For example, the U.S. Army Corps of Engineers would get an additional $11.6 billion in construction funds for projects like flood control and river dredging. The Forest Service would get billions of dollars to remove flammable vegetation from the lands it manages, in efforts to make wildfires less damaging. Other funding would go toward new approaches. The National Oceanic and Atmospheric Administration would get $492 million to map and forecast inland and coastal flooding, including ‘next-generation water modeling activities.’ NOAA would also get $50 million to predict, model and forecast wildfires. The Department of Transportation would give states money to move highways out of flood-prone areas. The Environmental Protection Agency would pay for communities to relocate drinking water infrastructure at risk from flooding or other extreme weather.” [The New York Times, 8/2/21 (=)]

 

$1 Trillion Infrastructure Bill Pours Money Into Long-Delayed Needs. According to The New York Times, “As states confront yet another consecutive year of worsening natural disasters, ranging from ice storms to wildfires, the measure includes billions of dollars to better prepare the country for the effects of global warming and the single largest federal investment in power transmission in history. Much of the money intended to bolster the country’s ability to withstand extreme weather would go toward activities that are already underway, but which experts say the government needs to do more of as the threats from climate change increase. It also would support new approaches, including money for ‘next-generation water modeling activities’ and flood mapping at the National Oceanic and Atmospheric Administration, which would also receive funds to predict wildfires. ... The bill would provide $15 billion for removing lead service lines across the nation, compared with the $45 billion Mr. Biden had called for and the $60 billion water sector leaders say is needed to get the job done. … It would also help improve access to running water and other sanitation needs in tribal communities and Alaska Native villages, with lawmakers determined to take care of all existing project needs. ‘We are still in an extreme deficit when it comes to our tribal communities,’ Ms. Murkowski said in a speech on the Senate floor, adding that the funding level was ‘unprecedented.’ ‘We’ve got to do right by our Native people.’” [The New York Times, 8/2/21 (=)]

 

Schools In The Infrastructure Bill: Money For Cleaner Drinking Water And Greener Buses.  According to The New York Times, “The bill dedicates $15 billion over five years with an increasing amount of money each year — from $2.4 billion next year to $3.25 billion in fiscal year 2026 — for grants to clean up drinking water by removing lead-contaminated pipes and making other infrastructure upgrades. That includes at least $25 million per year for ‘small and disadvantaged communities.’ Democrats and Republicans alike have touted the effort to clean up water sources, as school systems around the country still struggle from lead-infested pipes. The crisis in Flint, Mich., over lead in the city’s water supply drew international focus on the long-term effects of lead exposure for children there. Cities with an industrial past, including Baltimore, Cincinnati and Chicago, have long histories of exposure to lead in the air, soil and water, an environmental legacy of decades of manufacturing. Baltimore public schools, for instance, still do not let children drink from school water fountains because of the high levels of lead in the pipes there. On Fox News Sunday, Brian Deese, a senior economic adviser to President Biden, said the bill would ‘finally bring clean water to our schools,’ and Senator Shelley Moore Capito, Republican of West Virginia, said the legislation would result in ‘less poisoning for your children in their water systems because of lead pipes.’” [The New York Times, 8/2/21 (=)]

 

Senate Infrastructure Bill Includes PFAS, Lead Service Line ‘Down Payments’. According to InsideEPA, “The Senate is slated to begin debating bipartisan infrastructure legislation that includes targeted funding to treat per- and polyfluoroalkyl substances (PFAS) in drinking water and wastewater, drawing praise from some environmentalists, as well as to remove lead service lines though the funding levels for such replacements fall short of the estimated cost. Senate Majority Leader Chuck Schumer (D-NY) told reporters Aug. 1 that he expects the legislation to clear the Senate by the end of the week despite a host of expected amendments senators are poised to debate, according to Politico. ‘Given how bipartisan the bill is and how much work has already been put in to get the details right, I believe the Senate can quickly process relevant amendments,’ he said. The bill, unveiled late Aug. 1, contains a total of $48.4 billion for drinking water and wastewater infrastructure, the majority of which -- $43.4 billion -- would be distributed through EPA’s drinking water and clean water state revolving funds (SRFs), according to a summary of the bill prepared by the Senate Environment and Public Works Committee (EPW).” [InsideEPA, 8/2/21 (=)]

 

Infrastructure Deal Has $10B For PFAS, Other Contaminants. According to Bloomberg Law, “The massive infrastructure funding bill making its way to the Senate floor would authorize $10 billion to help water utilities remove emerging contaminants including ‘forever chemicals’ from drinking water and wastewater. The State and Tribal Assistance Grants section of the $550 billion INVEST in America Act (H.R. 3684) would authorizes a total of $10 billion that Sen. Jeanne Shaheen’s (D-N.H.) office said she secured to reduce emerging contaminants, including per- and polyfluoroalkyl substances, or PFAS.” [Bloomberg Law, 8/2/21 (=)]

 

Recycling Industry Hails 'Major Victory' In Infrastructure Bill. According to Politico, “The bipartisan infrastructure package includes several provisions to boost recycling education and improvements, building off bipartisan approaches to the issue that have been enacted in recent years. Groups like the Institute of Scrap Recycling Industries (ISRI) and Plastics Industry Association have expressed their support for the waste provisions in the bipartisan package on the Senate floor this week. ‘The bipartisan infrastructure bill made it through the hardest procedural hurdle,’ said Billy Johnson, chief lobbyist for ISRI and an architect of the ‘RECYCLE Act.’ ‘If the bill passes, it would be a major victory and big solution for our nation’s residential recycling programs.’ The package would incorporate bills that earned broad support from industry groups, like the ‘RECYCLE Act,’ S. 923 — which was introduced by Sen. Rob Portman (R-Ohio) in March — and build on enacted legislation, like the Save Our Seas 2.0 Act, which was supported by mainline environmental groups. … ‘Encouraging consumers to recycle is a positive step, but it won’t stem the overwhelming tide of plastic waste alone,’ Stein said, echoing concerns from advocates backing Merkley’s approach. To help tackle the post-consumer side of plastic waste, the infrastructure bill would also provide $150 million for NOAA’s Marine Debris Program toward assessment, prevention, mitigation and removal of debris.” [Politico, 8/3/21 (=)]

 

Wheeler: Infrastructure Package Builds On Trump's Lead Rule. According to Politico, “Former EPA Administrator Andrew Wheeler today touted the infrastructure package moving through Congress as building upon the Trump administration’s work to eradicate lead from drinking water. At the same time, the language appears to undercut President Biden’s own call for $45 billion to remove all the lead pipelines snaking across the United States to deliver water to schools and homes, a major source of drinking water contamination. Wheeler today in an interview said the infrastructure package provides funds that are critical for water testing in schools and day cares as children are most vulnerable to lead contamination in drinking water. The former administrator said that vulnerability is why the Trump administration requested testing at schools, and he’s happy to see the Senate bipartisan infrastructure package, the text of which was released last night, direct money toward removing lead service lines. Lead, a neurotoxin, can cause developmental delays, learning disabilities and behavioral problems and is especially harmful to young children (E&E Daily, Aug. 2). Wheeler also tweeted from his personal account that he was pleased to see the bipartisan infrastructure bill builds off the Trump EPA’s program to test drinking water for the first time for lead contamination in schools and day care centers, adding he ‘was proud to sign the reg last year to ensure no new #flints.’ He is now a visiting fellow at the Heritage Foundation.” [Politico, 8/2/21 (=)]

 

Biden Says Bipartisan Deal Will Solve The Country's Lead Problem. It Won't. According to Politico, “President Joe Biden vows that the bipartisan infrastructure deal would eliminate lead from the nation’s drinking water systems, particularly in low-income and communities of color that disproportionately suffer exposure to the potent neurotoxin. But the $1 trillion legislation unveiled Sunday evening won’t come close to fulfilling that promise. The bill unveiled by Senate negotiators tags just $15 billion for the lead removal initiative — a fraction of the $45 billion that the White House initially called for to accomplish its signature goal, and far less than the $60 billion that the drinking water industry says it would take. And half of the money provided by the bill would come in the form of loans that communities have to repay, putting a large share of the funding beyond the reach of many of the communities that need it most. ‘What’s needed is at least $45 billion to solve the problem of lead service lines. That, absolutely, is going to be necessary to resolve this issue,’ said Erik Olson, head of the Natural Resources Defense Council’s health program. Olson and other advocates hope the bipartisan bill’s funding is just a down payment for additional dollars that could come from a second, Democrats-only reconciliation bill being prepared by Senate leaders. But it is unclear if the political impetus will be there since progressives are focused on advancing climate goals in a second measure — and because Biden and the White House are declaring that first bill solves the lead problem.” [Politico, 8/2/21 (=)]

 

Biden’s Bipartisan Win Leaves Progressives Thirsting For More. According to Politico, “The deal offers $15 billion for removing lead from the nation’s drinking water systems, particularly in low-income areas and communities of color that disproportionately suffer exposure to the potent neurotoxin. But that’s a fraction of the $45 billion that the White House initially called for to accomplish its signature goal. It’s also far less than the $60 billion that the drinking water industry says would be needed to finish the task — addressing a crisis that was dramatized in recent years by the lead contamination that fouled residents’ taps in Flint, Mich. That hasn’t stopped the White House, as recently as last week, from proclaiming that the bipartisan bill ‘will put plumbers and pipefitters to work replacing all of the nation’s lead water pipes so every child and every American can turn on the faucet at home or school and drink clean water.’ DeFazio has called the president’s words laughable. ‘We’re seeing a lot of spin out of the White House, which is just unbelievable,’ he said on a call with reporters last week, noting that $15 billion ‘of course would not replace all the lead pipes.’” [Politico, 8/2/21 (=)]

 

Red States Sue Biden For Delaying Trump Lead, Copper Rule. According to Politico, “Five Republican-led states are taking the Biden administration to court for delaying Trump-era drinking water standards that environmentalists have critiqued as ineffective. The states’ lawsuit, filed last week in the U.S. Court of Appeals for the District of Columbia Circuit, targets the Lead and Copper Rule finalized by Trump’s EPA in January. The Biden administration has twice delayed implementation of the regulation, which is the first update to federal drinking water standards in about 30 years. ‘While the Biden Administration talks a lot about preserving clean air and water for future generations, they have failed to ensure clean drinking water for our children now,’ said Arizona Attorney General Mark Brnovich (R). ‘This is one pipeline they had better not shut down.’ The attorneys general of Louisiana, Ohio, Oklahoma and Texas also joined the lawsuit. Biden’s team says it has delayed implementation of the rule, which is now slated to take effect in December, because of concerns raised by various stakeholders over limits on lead contamination and a lack of incentives to replace lead pipes (E&E News PM, June 16). The rule was originally slated to take effect in March.” [Politico, 8/2/21 (=)]

 

Western Water

 

Severe Drought Reignites Decades-Old Conflict Between Oregon Ranchers, Indigenous Peoples. According to PBS, “Vast stretches of the Western U.S. are suffering under scorching temperatures, rampant wildfires and a years-long drought that’s depleting lakes and reservoirs. The water scarcity is tearing apart one southern Oregon community where farmers, native tribes and endangered species are all struggling to survive this summer. Stephanie Sy has the story.” [PBS, 8/2/21 (+)]

 

Flooding

 

28% Of People Drop Flood Insurance Within 5 Years, GAO Says. According to Politico, “Nearly 30% of homeowners who buy federal flood insurance drop their policies within five years, according to a new government audit that raises fresh concerns about people flouting a requirement to insure flood-prone properties against flood damage. The Government Accountability Office said in a report yesterday that 28% of the homeowners who bought coverage in 2014 through the government’s National Flood Insurance Program dropped it by the end of 2019. The finding comes as the Federal Emergency Management Agency, which runs the insurance program, is trying to sharply increase the number of homeowners with flood insurance to better protect the nation against financial losses caused by flooding that is intensified by climate change. Federal law requires people to have flood insurance on homes that are in a flood zone and are secured by a federally backed mortgage. Because flood insurance is excluded from typical homeowners’ insurance policies, the federal requirement aims to encourage homeowners and communities to protect themselves against flood damage. The GAO report does not explain why the homeowners dropped their NFIP policies and notes that there could be valid reasons, such as a homeowner paying off a mortgage.” [Politico, 8/3/21 (=)]

 

McCarthy On The Move. According to Politico, “White House National Climate Adviser Gina McCarthy is traveling the country this week to tout climate provisions in both the bipartisan infrastructure deal and Biden’s overall infrastructure agenda, according to a White House official. She’ll be in Hampton Roads, Va., today with Rep. Elaine Luria, specifically focusing on coastal resilience, offshore wind and dealing with impacts of climate change like flooding.” [Politico, 8/3/21 (=)]

 

Misc. Waterways

 

How To Build A Water-Smart City. According to Bloomberg, “Cities across time have stretched to secure water. The Romans built aqueducts, the Mayans constructed underground storage chambers, and Hohokam farmers dug more than 500 miles of canals in what is now the U.S. Southwest. Today’s cities use portfolios of technologies to conserve supply — everything from 60-story dams and chemicals to centrifugal pumps and special toilets. And yet, the cities of tomorrow will have to do more. A recent United Nations report on drought says climate change is increasing the frequency, severity and duration of droughts, which contribute to food insecurity, poverty and inequality. The report also asserts that ‘drought has been the single longest-term physical trigger of political change in 5,000 years of recorded human history.’ It calls for urgent action and a transformation in governance to manage modern drought risk more effectively. Examples can be found globally. In 2018, Cape Town, South Africa, narrowly averted a ‘Day Zero,’ when the taps would have run dry. Indian aquifers are falling fast. The Colorado River, a water source for 40 million people, faces dire shortages as the American West slides deeper into ‘megadrought.’ By 2050, the world’s population is projected to near 10 billion, increasing water demand by 55%. And by then, two-thirds of people will live in cities.” [Bloomberg, 8/2/21 (+)]

 

 

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